HomeMy WebLinkAbout2004-148
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW 2004- 148
Being a By-law to authorize a contract between the
Corporation of the Municipality of Clarington and Peninsula
Contracting Inc. Fonthill, Ontario, to enter into agreement for
the Guide Rail Installation.
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 with the Corporation Seal, a contract
between, Peninsula Contracting Inc., Fonthill, 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 14 day of June, 2004.
By-law read a third time and finally passed this 14 day of June, 2004.
~/~ ./1_.//:_
, VV tf.vllK.. ......
John utton, MayOr ..
erk
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CORPORATION OF
THE MUNICIPALITY OF CLARINGTON
GUIDE RAIL INSTALLATION
CONTRACT NO. CL2004-14
PART 'A' - CONCESSION ROAD NO.6, WEST OF SOLINA
PART 'B' - STRUCTURE 98091 CONCESSION ROAD NO.8,
LESKARD
PART 'c' - STRUCTURE 94019, CONCESSION STREET, EAST
BOWMANVILLE
PART 'D' - MILL STREET, ORONO
PART 'E' - WINDSOR VALLEY PLACE, COURTICE
MAY 2004
~~
architects
planners
TSH No. 12-29274
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PROJECT:
AUTHORITY:
CONTRACT ADMINISTRATOR:
TENDERER:
TENDERS RECEIVED BY:
P\2'9274\Spccs\SignD0t.5-TF .dol:
TENDER FOR CONTRACT NO. CL2004-14
GUIDE RAIL INST ALLA TI0N
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
TOTTEN SIMS HUBICKI ASSOCIATES
ENGINEERS, ARCHITECTS and PLANNERS
513 DMSION STREET
COBOURG, ONTARIO. K9A 5G6
Telephone: 905-372-2121 Fax: 905-372-3621
PENINSULA CONSTRUCTION INC.
Name
2055 Kottmeier Road. R_ R_ #1
FONTHILL. Ontario LOS 1E6
Address (include Postal Code)
Tel: 905-892-2661 Fax: 905-892-4692
Telephone and Fax Numbers
GerrY Huibers
Name of Person Signing
SecretarY
Position of Person Signing
Mrs. Patti Barrie, Clerk
Corporation of the Municipality of Clarington
Municipal Administration Centre
40 Temperance Street
BOWMANVILLE, Ontario. LIC 3A6
Page I ()f 7 pages
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TENDER
CONTRACT NO. CL2004-14
TENDER CONTRACT NO. CL2004-14
To: The Mayor and Members of Council
Corporation of the Municipality of Clarington
Re: Contract No. CL2004-14
Guide Rail Installation
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
_ _1_ _~ ~1-~_ ""'__..:1__ ..1.._ ,..__..__~....._ 1-...._...1-.~. ...."..._.. .... "...__1........... .1-..... ......_1.. ..._......:.r.~...I &__
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ITEMIZED BID
CONTRACT NO. CL2004-I4
In accordance with the first paragraph of this Tender, the Contractor hereby offers to complete the work specified for
Contract No. CL2004- 14 for the following unit prices.
Spec. No.
SP
The numbers in this column refer to the applicable issue of the Ontario Provincial Standard Specifications
Refers to Special Provisions . .
BI3 903,906 Steel Sheet Pile Wall m2 15 467.06 7,005.90
SP
BI4 SP Temporary Traffic Protection LS 7,020.77 7,020.77
Total Part 'B' (Carried to Summary) 132,010.41
PART 'C' - CONCESSION STREET EAST (Bowmanville)
C1 201 ,206 Site Preparation LS 3257.97 3,257.97
51O,SP
C2 552 Single Rail Steel Beam Guide Rail m 61 64.88 3,957.68
SP (OPSD 912.140, T e 'A')
C3 552 Single Rail Steel Beam Guide Rail m 82 83.56 6,851.92
SP With Channel (OPSD 912.401,
Type 'B')
C4 552 Connect Guide Rail to Structure ea 4 956.20 3,824.80
SP
C5 559 Extruder End Treatment (OPSD ea 4 4,869.99 19,479.96
SP 922.510)
C6 314,501 Granular' A' 20 48.10 962.00
SP
Total Part 'C' (Carried to Summary) 38,334.33
PART 'D' - MILL STREET (from Main Street Northerly, Orono)
D1 510,902 Removal and Disposa] of Existing LS 1718.94 1,718.94
SP Structure
D2 552 Single Rail Steel Beam Guide Rail m 65 97.84 6,359.
SP Channel (OPSD 912.140, Type
'A')
D3 552 Provisionall1em ea 2 ]65.54 331.08
SP Steel Post Bases (OPSD 912.105)
D4 559 Extruder End Treatment (OPSD ea 2 4869.99 9,739.98
SP 922.510)
Total Part 'D' (Carried to Summary) 18,149.60
Page 4 of 7 pages
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ITEMIZED BID
CONTRACT NO. CL2004-I4
In accordance with the first paragraph of this Tender, the Contractor hereby offers to complete the work specified for
Contract No. CL2004-14 for the following unit prices.
Spec. No.
SP
111.e numbers in this column refer to the applicable issue of the Ontario Provincial Standard SpecifIcations
Refers tp Special Provisions
PART 'E' - WINDSOR VALLEY PLACE (Courtice)
El
510,902
SP
552
SP
Removal and Disposal of Existing
Structure
Remove, Salvage and Reinstate
Existing Steel Beam Guide Rail (No
Channel) on New Posts as per
OPSD 912.140
LS
1580.32
1,580.32
E2
m
58
64.69
3,752.02
Total Part 'E' (Carried to Summary)
5,332.34
SUMMARY -
Total Part 'A' - Concession Road #6 (West of So]ina)
Total Part 'B' - Concession Road #8 (Leskard)
Total Part 'C' - Concession Street East (Bowmanville)
Total Part 'D' - Mill Street (from Main Street Northerly, Orono)
Total Part 'E' - Windsor Valley Place (Courtice)
Total (excIudin GST)
GST (7% of Total)
16,445.95
132,010.41
38,334.33
]8,149.60
5,332.34
210,272.63
14,719.08
Tenderer's GST Registration No. RI04138151
P\29274\SpccSUlemBid-SignDocs.xls
Page 5 of 7 pages
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AGREEMENT TO BOND (to be completed bv Bondinl! Company)
CONTRACT NO. CL2004-14
AGREEMENT TO BOND (to be completed bv Bondinl! Company)
CONTRACT NO. CL2004-14
Bond No. 308377-22
WE, the Undersigned, HEREBY AGREE to become bound as Surety for
PENINSULA 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.CL2004-14 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 Hamilton
this
14th
day of
2004
Mav
THE GUARANTEE COMPANY OF NORTH AMERICA
Name of Bonding Company
Joan Chemenko
Signature of Authorized Person
Signing for Bonding Company
(BONDING COMPANY SEAL)
JOAN CHERNENKO. ATTORNEY-IN-FACT
Position
(This Form shall be completed and attached to the Tender Submilled).
Page.(; of 7 pages
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SCHEDULE OF TENDER DATA
CONTRACT NO. CL2004-14
SCHEDULE OF TENDER DATA
CONTRACT NO. CL2004-14
The work specified in the Contract shall be performed in strict accordance with the following Schedule:
A.
TENDER FORM: General
Itemized Bid
Agreement to Bond
Schedule of Tender Data
Pages 1 and 2
Pages 3 to 5
Page 6
Page 7
B. STANDARD TERMS AND CONDITIONS
C. INSTRUCTIONS TO TENDERERS Pages 1 to 5
D. SPECIAL PROVISIONS - GENERAL Pages 1 to 12
E. SPECIAL PROVISIONS - TENDER ITEMS Pages 1 to 8
F. STANDARDS
G. PLANS: Drawings Nos. A-Sl, B-Sl, C-Sl, D-Sl, D-S2, D-S3, D-S4 and E-l
H STANDARD SPECIFICATIONS: It shall be the Contractor's responsibility to obtain the applicable
edition of the following Ontario Provincial Standard Specifications.
01'S8No. Date OPSSNo. Date OI'SSNo. Dllte
127 Current 552 Nov. 2002 902 Nov. 2002
128 Current 555 Julv 1991 903 Nov. 2002
WI Feb. 1996 559 AU2. 1994 904 Jan. 1995
206 Nov. 2000 570 AU2. 1990 905 Mav 1994
314 Dec. 1993 571 Nov. 2001 906 Nov. 2002
501 Feb. 1996 572 Nov. 2001 908 Mar. 1998
510 Nov. 2002
I. GENERAL CONDITIONS: OPS General Conditions of Contract (September 1999)
The Contractor, by this Tender, offers to complete the work of this Contract in strict accordance with the terms
contained herein.
The bidder certifies that it has met all of its obligations to comply with the Provincia] Retai] 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 Co tract No. CL2 -14 executed by me/us bearing date the ---1L day of Mav 2004
and we have fully re all related d ments to tender data as listed above.
SIGNATURE:
SECRETARY
POSITION
NAME OF FIRM
PENI~SULA CONSTRUCTION ]NC.
(COMPANY SEAL)
Privacy Leeislation
Federal legislation governs the collection and use of personal information from individuals. We represent Oind warrant to the 11wner that
we have obtained the CONSENT of any and all employees whose personal information we have supplied to the ownedn this tender.
This personal information, which includes. but is not limited to. the employees' names, education. work and project history. professional
designations and qualifICations. This CONSENT permits the owner to disclose this personal information to Ihe Engineer (owner or
agent) for the purpose of evaluating our bid. In the event that the lender is succe~sful. this personal information may aiso lle used in
project administration, for contact purposes.
This is Page 7 of 7 Pages to be submitted as the Tender Submission .for Contract No. CL2004-14
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It. r! n "C' "C' AX 'C 1\.1 T
AGREEMENT
THIS AGREEMENT made in triplicate
BETWEEN: PENINSULA CONSTRUCTION INC.
of the Regional Municipality of Niagara 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
berewith and form part of this present agreement as fully and completely to all intents and purposes as though
all the stipulations thereof have been embodied herein.
Page 1 of 3
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DESCRIPTION OF THE WORK AND LIST OF DOCUMENTS
DESCRIPTION OF THE WORK AND LIST OF DOCUMENTS
Guide Rail Installation, Contract No. CL2004-14.
A.
TENDER FORM:
General
Itemized Bid
Bonds
Schedule of Tender Data
Pages I and 2
Pages 3 to 5
Page 6
Page 7
B. STANDARD TERMSAND CONDITIONS
C. INSTRUCTIONS TO TENDERERS Pages 1 to 5
D. SPECIAL PROVISIONS - GENERAL Pages 1 to 12
E. SPECIAL PROVISIONS - TENDER ITEMS Pages 1 to 8
F. STANDARDS
G. PLANS: Drawings Nos. A-Sl, B-Sl, C-Sl, D-Sl, D-S2, D-S3, D-S4 and E-l
H STANDARD SPECIFICATIONS, It shall be the Contractor's responsibility to obtain the applicable
edition of the following Ontario Provincia] Standard Specifications.
OPSSNo. Date OPSS No; Date OPSS No. Date
127 Current 552 Nov. 2002 902 Nov. 2002
128 Current 555 Julv 1991 903 Nov. 2002
20] Feb. 1996 559 AUJ!. 1994 904 Jan. 1995
206 Nov. 2000 570 Aue. 1990 905 Mav 1994
314 Dec. 1993 571 Nov. 2001 906 Nov. 2002
501 Feb. 1996 572 Nov. 2001 908 Mar. 1998
510 Nov. 2002
I. GENERAL CONDITIONS: OPS General Conditions of Contract (September 1999)
All Plans and Documents referred to in the Specifications.
The Contractor further agrees that he will deliver the whole of the works completed in
accordance with this agreement on or before the expiration of thirty (30) working days from the date of
commencement.
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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ThT '>TTTNP<;:<;: WllPllPOF thp rontractor and the Purchaser have hereunto signed their
IN WITNESS WHEREOF, the Contractor and the Purchaser have hereunto signed their
names and set their seals on the day first above written.
SIGNED Md ""'" """" ~OO_~Oi/
~) C:::;4-L~ 1 ;s /01-(
Date ----z;r--77
)
)
)
)
)
in the presence of
)
Date
SIGNED and sealed by the Purchaser
in the presence of
)
)
)
)
) Date
)
)
)
)
)
)
Pi29274/SpeC5!SignDoc5-AGR.do(
July 20, 2004
Date
July 20, 2004
Page 3 of3
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CORPORATION OF THE MUNICIPALITY OF CLARINGTON
CONTRACT NO CL2004-14
STANDARD TERMS AND CONDITIONS
PI29274/Spet:Sll9912. T &C.doc
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STANDARD TERMS AND CONDmONS
The Municipality of Clarington's "Standard Terms and Conditions" shall apply to this Contract except
where noted below.
. Clause 8 of the "Standard Terms and Conditions" shall be superceded by Clause 7 - "Payments"
of the "Special Provisions - General" Section of the Contract.
. Clause 15 of the "Standard Terms and Conditions" shall be superceded by Clause 1 -
"Guaranteed Maintenance" of the "Special Provisions - General" Section of the Contract.
. Clause 16 of the "Standard Terms and Conditions" is not applicable to this Contract.
. Clause 23 of the "Standard Terms and Conditions" shall be superceded by Clause 6.03.02 of
the OPS General Conditions of Contract (September 1999) which requires a $5,000,000.00
liability coverage.
. Clause 26 of the "Standard Terms and Conditions" shall be superceded by Clause 18 -
"Workplace Hazardous Materials Information System (WHMIS) " , the Municipalilty of
C]arington's "Contractor Safety" Documents (5 pages) and Clause 22 - "Governmental
Requirements" all from the "Specia] Provisions - General" Section of the Contract.
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STANDARD TERMS AND CONDmONS
1.
DEFINITIONS
Municipality - The Corporation of the Municipality of C]arington, its successors and assigns.
Bidder - The person, firm or corporation submitting a bid to the Municipality.
Company - The person, contractor, firm or corporation to whom the Municipality has awarded
the contract, it successors and assigns.
Contract - The purchase order authorizing the company to perform the work, purchase order
alterations, the document and addenda, the bid, and surety.
Subcontractor - A person, firm or corporation having a contract with the company for, or any
part of, the work.
Document - The document(s) issued by the Municipality in response to which bids are invited to
perform the work in accordance with the specifications contained in the document.
Bid - An offer by a Bidder in response to the document issued by the Municipality.
Work - All labour, materials, products, articles, fixtures, services, supplies, and acts required to
be done, furnished or performed by the company, which are subject to the Contract.
2.
SUBMISSION OF BID
Bid invitation shall be in accordance with the Municipality of C]arington 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 formes) and in the envelope supplied by the Municipality unless
otherwise provided herein. The envelope must not be covered by any outside wrappings, i.e.
courier envelopes or other coverings.
The bid must be signed by a designated signing officer of the Bidder.
If a joint bid is submitted, it must be signed on behalf of each of the Bidders.
The bid must be'legible, written in ink, or typewritten. Any form of erasure, strikeout or over-
writing must be initialled by the Bidder's authorized signing officer.
The bid must not be restricted by a covering letter, a statement added, or by alterations to the
document unless otherwise provided herein.
Failure to return the document or invitation may result in the removal of the Bidder from the
Municipality's bidder's list.
A bid received after the closing date and time will not be considered and will be returned,
unopened.
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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 ftnal.
3.
CONTRACT
The contract consists of the documents aforementioned.
The contract and portions thereof take precedence in the order in which they are named above,
notwithstanding the chronologica] order in which they are issued or executed.
The intent of the contract is that the Company shall supply work which is fit and suitable for the
Municipality's intended use and complete for a particular purpose.
None of the conditions contained in the Bidder's standard or general conditions of sale shall be of
any effect unless explicitly agreed to by the Municipality and speciftcal]y referred to in the
purchase order.
4.
CLARIHCATION OF THE DOCUMENT
Any clarification of the document required by the Bidder prior to submission of its bid shall be
requested through the Municipality's contact identifted 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 ABIUTY
The bidder may be required to show, in terms of experience and facilities, evidence of its ability,
as well as that of any proposed subcontractor, to perform the work by the specifIed delivery date.
6.
DELIVERY
Unless otherwise stated, the work specified in the bid shall be delivered or completely performed
by the Company' as soon as possible and in any event within the period set out herein as the
guaranteed period of delivery or completion after receipt of a purchase order therefor.
A detailed delivery ticket or piece tally, showing the exact quantity of goods, materials, articles or
equipment, shall accompany each delivery thereof. Receiving by a foreperson, storekeeper or
other such receiver shall not bind the Municipality to accept the work covered thereby, or the
particulars of the delivery ticket or piece tally therefor.
Work shall be subject to further inspection and approval by the Municipality.
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The Company shall be responsible for arranging the work so that completion shall be as specified
in the contract.
Time shall be of the essence of the contract.
7.
PRICING
Prices shall be in Canadian Funds, quoted separately for each item stipulated, F.O.B. destination.
Prices shall be firm for the duration of the contract.
Prices bid must include all incidental costs and the Company shall be deemed to be satisfied as to
the full requirements of the bid. No claims for extra work will be entertained and any additional
work must be authorized in writing prior to commencement. Should the Company require more
information or clarification on any point, it must be obtained prior to the submission of the bid.
Payment shall be ful] compensation for all costs related to the work, including operating and
overhead costs to provide work to the satisfaction of the Municipality.
All prices quoted shall include applicable customs duty, excise tax, freight, insurance, and all
other charges of every kind attributable to the work. Goods and Services Tax and Provincial
Sales Tax shall be extra and not shown, unless otherwise specified herein.
If the Bidder intends to manufacture or fabricate any part of the work outside of Canada, it shall
arrange its shipping procedures so that its agent or representative in Canada is the importer of
record for customs purposes.
Should any additional tax, duty or any variation in any tax or duty be imposed by the Government
of Canada or the Province of Ontario become directly applicab]e 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 bock until 60 days
after the completion of the work.
Payments made -hereunder, including fmal payment shall not relieve the company from its
obligations or liabilities under the contract.
Acceptance by the company of the final payment shall constitute a waiver of claims by the
company against the Municipality, except those previously made in writing in accordance with the
contract and still unsettled.
The Municipality shall have the right to withhold from any sum otherwise payable to the company
such amount as may be sufficient to remedy any defect or deficiency in the work, pending
correction of it.
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9.
Payment may be made 30 days after delivery pursuant to the Bidder submitting an invoice,
contract requirements being completed and work being deemed satisfactory.
PATENTS AND COPYRIGHTS
The company shall, at its expense, defend all claims, actions or proceedings against the
Municipality based on any allegations that the work or any part of the work constitutes an
infringement of any patent, copyright or other proprietary right, and shall pay to the Municipality
all costs, damages, charges and expenses, including its lawyers' fees on a solicitor and his own
client basis occasioned to the Municipality by reason thereof.
The company shall pay all royalties and patent license fees required for the work.
If the work or any part thereof is in any action or proceeding held to constitute an infringement,
the company shall forthwith either secure for the Municipality the right to continue using the work
or shall at the company's expense, replace the infringing work with non-infringing work or
modify it so that the work no longer infringes.
10.
ALTERNATES
Any opinion with regard to the use of a proposed alternate determined by the Municipality shall
be fmal. Any bid proposing an alternate will not be considered unless otherwise specified herein.
11.
EOUIV ALENCY
Any opinion determined by the Municipality with respect to equivalency shall be fmal.
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 REOUlRED OF THE COMPANY
The Municipality is entitled to request of the Company to furnish reasonable evidence that
financial arrangements have been made to fulfill the Municipality's obligations under the
Contract.
]4.
LAWS AND REGULATIONS
The company shall comply wilh relevant Federal, Provincial and Municipa] statutes, regulations
and by-laws pertaining to the work and its performance. The company shall be responsible for
ensuring similar compliance by suppliers and subcontractors.
The contract shall be governed by and interpreted in accordance with the laws of the Pmvince of
Ontario .
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15.
16.
17.
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CORRECTION OF DEFECTS
If at any time prior to one year after the actual delivery date or completion of the work (or
specified warranty/guarantee period if longer than one year) any part of the work becomes
defective or is deficient or fails due to defect in design, material or workmanship, or otherwise
fails to meet the requirements of the contract, the company, upon request, shall make good every
such defect, deficiency or failure without cost to the Municipality. The company shall pay all
transportation costs for work both ways between the company's factory or repair depot and the
point of use.
BID ACCEPTANCE
The Municipality reserves the right to award by item, or part thereof, groups of items, or parts
thereof, or all items of the bids and to award contracts to one or more bidders submitting identical
bids as to price; to accept or reject any bids in whole or in part; to waive irregularities and
omissions, if in so doing, the best interests of the Municipality will be served. No liability shall
accrue to the Municipality for its decision in this regard.
Bids shall be irrevocable for 90 days after the official closing time.
The placing in the mail or delivery to the Bidder's shown address given in the bid of a notice of
award to a bidder by the Municipality shall constitute notice of acceptance of contract by the
Municipality to the extent described in the notice of award.
DEFAULT BY COMPANY
a. If the company: commits any act of bankruptcy; or if a receiver is appointed on account
of its insolvency or in respect of any of its property; or if the company makes a general
assignment for the benefit of its creditors; then, in any such case, the Municipality may,
without notice: terminate the contract.
b. If the company: fails to comply with any request, instruction or order of the Municipality;
or fails to pay its accounts; or fails to comply with or persistently disregard statutes,
regulations, by-laws or directives of relevant authorities relating to the work; or fails to
prosecute the work with skill and diligence; or assigns or sublets the contract or any
portion thereof without the Municipality's prior written consent; or refuses to correct
defective work; or is otherwise in default in carrying out its part of any of the terms,
conditions and obligations of the contract, then, in any such case, the Municipality may,
upon expiration of ten days from the date of written notice to the company, terminate the
contract.
c. Any termination of the contract by the Municipality, as aforesaid, shall be without
prejudice to any other rights or remedies the Municipality may have and without
incurring any liability whatsoever in respect thereto.
d.
]f the Municipality terminates the contract. it is entitled to:
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18.
19.
20.
21.
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i) take possession of all work in progress, materials and construction equipment
then at the project site (at no additional charge for the retention or use of the
construction equipment), and ftnish the work by whatever means the Municipality
may deem appropriate under the circumstances;
ii) withhold any further payments to the company until the completion of the work
and the expiry of all obligations under the Correction of Defects section;
iii) recover from the company loss, damage and expense incurred by the
Municipality by reason of the company's default (which may be deducted from
any monies due or becoming due to the company, any balance to be paid by the
company to the Municipality).
CONTRACT CANCELLATION
The Municipality shall have the right, which may be exercised from time to time, to 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.
OUANTITIES
Unless otherwise specifted herein, quantities are shown as approximate, are not praIlteed to be
accurate, are furnished without any liability on behalf of the Municipality and shall be used as a
basis for comparison only.
Payment will be by the unit complete at the bid price on actual quantities deemed acceptable by
the Municipality.
SAMPLES
Upon request, samples must be submitted strictly in accordance with instructions. If samples are
requested subsequent to opening of bids, they shall be delivered within three (3) working days
following such request, unless additional time is granted. Samples must be submitted free of
charge and will be 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 Municipa]ity shall be at its sole discretion and any such
acceptance shall in no way be construed to imply relief of the company from its obligations under
the contract.
Samples submitted must be accompanied by current Material Safety Data Sheets (MSDS) where
applicable.
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 1:ertifted cheque, bank draft
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22.
23.
24.
or money order or other form of surety, in an amount determined by the Municipality. This
surety may be held by the Municipality until 60 days after the day on which all work covered by
the contract has been completed and accepted. The surety may be returned before the 60 days
have elapsed providing satisfactory evidence is provided that all liabilities incurred by the
company in carrying out the work have expired or have been satisfied and that a Certificate of
Clearance from the Workers' Compensation Board has been received.
,
The company shall, if the Municipality in its absolute discretion so desires, be required to satisfy
fidelity bonding requirements by providing such bonding in an amount and form determined by
the Municipality.
Failure to furnish required surety within two weeks from date of request thereof by the
Municipality shall make the award of the Contract by the Municipality subject to withdrawal.
WORKPLACE SAFETY AND INSURANCE BOARD
AI] of the Company's personnel must be covered by the insurance plan under the Workplace
Safety and Insurance Act, 1997. Upon request by the Municipality, an original Letter of Good
Standing for the W orkp]ace Safety and Insurance Board shall be provided prior to the
commencement of Work indicating all payments by the Company to the Board have been made.
Prior to final payment, a Certificate of Clearance must be issued indicating all payments by the
Company to the Board in conjunction with the subject Contract have been made and that the
Municipality will not be liable to the Board for future payments in connection with the Company's
fulfilment of the .contract. Further Certificates of Clearance or other types of certificates shall be
provided upon request.
INSURANCE
The company shall maintain and pay for Comprehensive General Liability insurance including
premises and all operations. This insurance coverage shall be subject to limits of not less than
$2,000,000.00 inclusive per occurrence for third party Bodily Injury and Property Damage or
such other coverage or amount as may be requested.
The policy shall include the Municipality as an additional insured in respect of all operations
performed by or on behalf of the Company. A certified copy of such policy or certifICate shall be
provided to the respective participant prior to commencement of the work. Further certified
copies shall be provided upon request.
LIABILITY
The company agrees to defend, fully indemnify and save harmless the Municipa]ity 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 Municipalily from any and
all charges, fines, penalties and costs that may be incurred or paid by the Municipality if the
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25.
26.
27.
Municipality or any of its employees shall be made a party to any charge under the Occupational
Health and Safety Act in relation to any violation of the Act arising out of this contract.
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 wiI] be allowed for work or difficulties encountered due
to conditions of the site which were visible or reasonably inferable, prior to the date of submission
of Tenders. Bidders shall accept sole responsibility for any error or neglect on their part in this
respect.
SAFETY
The Company shall obey all Federal, Provincial and Municipal Laws, Act, Ordinances,
Regulations, Orders-in-Council and By-laws, which could in any way pertain to the work outlined
in the Contract or to the Employees of the Company. Without limiting the generality of the
foregoing, the Company shall satisfy all statutory requirements imposed by the Occupational
Health and Safety Act and Regulations made thereunder, on a contractor, a Constructor and/or
Employer with respect to or arising out of the performance of the Company's obligations under
this Contract.
The Company shall be aware of and conform to all governing regulations including those
established by the Municipality relating to employee health and safety. The Company shall keep
employees and subcontractors informed of such regulations.
The Company shall provide Material Safety Data Sheets (MSDS) to the Municipality for any
supplied Hazardous Materials.
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
Municipa]ity is free and clear of liens, attachments, claims, demands, charges or other
encumbrances .
28.
SUSPENSION OF WORK
The Municipality may, without invalidating the contract, suspend performance by the company
from time to time of any part or all of the work for such reasonable period of time as the
Municipality may determine.
The resumption and completion of work after the suspension shall be governed by the schedule
established by the Municipality.
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29.
30.
31.
CHANGES IN THE WORK
The Municipality may, without invalidating the contract, direct the Company to make changes to
the work. When a change causes an increase or decrease in the work, the contract price shall be
increased or decreased by the application of unit prices to the quantum of such increase or
decrease, or in the absence of applicable unit prices, by an amount to be agreed upon between the
Municipality and' the Company. All such changes shall be in writing and approved by the
Municipality .
CONFLICT OF INTEREST
No employee or member of Council of the Municipality shall sell goods or services to the
Municipality in accordance with the Municipality of C]arington 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
IMFIPPA)
All correspondence, documentation, and information provided to staff of the Municipality of
C]arington 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. CL2004-14
INSTRUCTIONS TO TENDERERS
P\292i4\Spec.s\ 19913+1T .doc
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INDEX
INDEX
INSTRUCTIONS TO TENDERERS
CONTRACT NO. CL2004-I4
CLAUSE
SUBJECT
PAGE
1. GENERAL.................................................................................................... .................. .1
2. BLANK FORM OF TENDER ...............................................................................................1
3. TENDER DEPOSiTS.............. .............................................. ..............................................1
4. BONDS ................................................. ... ................................................................ .......2
5. RIGHT TO ACCEPT OR REJECT TENDERS ..........................................................................2
6. UNACCEPTABLE TENDERS.............................................................. ................................2
7. ABILITY AND EXPERIENCE OF TENDERER........................................................................2
8. PROVINCIAL SALES TAX .......... ................ ................................................................. .... ..2
9. GOODS AND SERVICES TAX (GST) ...................................................................................3
10. EXECUTE CONTRACT DOCUMENTS................................................. ................................3
11. COMMENCEMENT OF WORK............................................................................................3
12. LOCATION.. ..... ........................................................... ....................................................3
13. TENDERERS TO INVESTIGATE..... ........ .............................................................................4
14. INQUIRIES DURING TENDERING............... ........................................................................4
15. DEFINITION OF OWNER/AUTHORITY AND ENGINEER/CONTRACT ADMINISTRATOR............4
16. ADDENDA....................... ........ ... .,. ................................................ .......................... .......4
17. UTILITIES................. ............. ................. ....................... ............................................ .....4
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INSTRUCTIONS TO TENDERERS
PAGE ONE
INSTRUCTIONS TO TENDERERS
CONTRACT NO. CL2004-I4
1.
GENERAL
SEALED Tenders plainly marked "Contract No. CL2004-14 " will be received until:
2:00:00 p.m., LOCAL TIME, Friday May 21. 2004
and shall be addressed to:
Ms. Pattie Barrie, Clerk
Corporation of the Municipality of Clarington
Municipal Administration Centre
40 Temperance Street
BOWMANVILLE, Ontario. LtC 3A6
2.
BLANK FORM OF TENDER
One copy of the Tender, on the forms provided, shall be submitted. All information requested
shall be shown in the tender, in the space provided.
3.
TENDER DEPOSITS
All tenders shall be accompanied by a certified cheque or a bid bond in the minimum amount
defined below, made payable to the Authority, as a guarantee for the execution of the Contract.
$ 20,000.00 or less
20,000.01 to 50,000.00
50,000.01 to 100,000.00
100,000.01 to 250,000.00
250,000.01 to 500,000.00
500,000.01 to 1,000,000.00
1,000,000.01 to 2,000,000.00
2,000,000.01 and over
$1,000.00
2,000.00
5,000.00
10,000.00
25,000.00
50,000.00
100,000.00
200,000.00
All deposits will be returned within ten days after the Tenders have been opened except those
which the Authority elects to retain until the successful tenderer has executed the Contract
Documents.
The retained tender deposits will be returned when the successful Tenderer has fully complied
with the conditions outlined in the Contract Documents.
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CONTRACT NO. CL2004-14
2.
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II
INSTRUCTIONS TO TENDERERS
CONTRACT NO. CL2004-14
2.
4. BONDS
The Contractor is required to provide a Performance Bond, and a Labour and Materia]
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.
CONTRACT NO. CL2004-I4
3.
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INSTRUCTIONS TO TENDERERS
CONTRACT NO. CL2004-I4
3.
9. GOODS AND SERVICES TAX (GST)
The Tenderer shall NOT include any amount in his tender unit prices for the Goods and
Services Tax. The GST will be shown on each payment certificate and will be paid to the
Contractor in addition to the amount certified for payment and will therefore not affect the
Contract unit prices.
10. EXECUTE CONTRACT DOCUMENTS
Tenders shall be open for acceptance for a period of 30 days after the closing date. After this
time the tender may only be accepted with the consent of the successful Tenderer.
The successful Tenderer shall execute the Contract Documents and furnish the required bonds
within 10 calendar days of receipt of notification of Acceptance of Tender.
Failure by the successful Tenderer to meet the above requirements will entitle the Authority to
cancel the award of the Contract and to retain the tender deposit as compensation for damages
sustained due to the successful Tenderer's default. The Authority may then award the Contract
to one of the other Tenderers or take such other action as it chooses.
11. COMMENCEMENT OF WORK
The successful Tenderer shall commence work at the site within 7 calendar days of the official
commencement date as specified in the written order issued in accordance with GC7.01.02 of
the General Conditions.
12. LOCATION
The works are located as follows:
Part 'A' - on Concession Road #61.09 km east of Regional Road 34 (0.15 km west of
Washington Road)
Part 'B' - at structure 98091 on Concession Road #8 in Leskard 50 m west of Leskard Road
(3.2 km west of Highway 35/] 15)
Part 'C' - at structure 94019 on Concession Street East 1.3 km east of Liberty Street (0.3 km
west of Lambs Road)
Part 'D' - on Mill Street, Orono, from Main Street Northerly for a length of 65 m.
Part 'E' - on Windsor Valley Place, just south of Nash Road.
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CONTRACT NO. CL2004-14
4.
INSTRUCTIONS TO TENDERERS
CONTRACT NO. CL2004-14
4.
13. TENDERERS TO INVESTIGATE
Tenderers must satisfy themselves by personal examination of the site and by such other means
as they may prefe~ as to the actual conditions and requirements of the work.
Tbe 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 thorougWy 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.
14. INQUIRIES DURING TENDERING
Tbe 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:
Ron Albright, P.Eng.
15. DEFINITION OF OWNER/AUTHORITY AND ENGINEER/CONTRACT
ADMINISTRATOR
Wherever the word "Owner" or "Authority" or "Corporation" appears in this Contract, it shall
be interpreted as meaning the "Corporation of the Municipality of Clarington" .
Wherever the word "Ministry", "M.T.C." or "M.T.O" appears it shall be deemed to mean the
"Ministry of Transportation, Ontario" or the "Corporation of the Municipality of C]arington" .
Wherever the word "Contract Administrator" or "Engineer" appears in this Contract it shall be
deemed to mean the Consultants, Totten Sims Hubicki Associates, or such other officers, as
may be authorized by the Authority to act in any particular capacity.
16. ADDENDA
The Contractor shall ensure that all addenda issued during the tendering period are attached as
part of the submitted bid. Failure to do so will result in disqualification of the bid.
17. UTILITIES
For additional information regarding existing utilities the Contractor may contact the following
personnel:
CONTRACT NO. CL2004-14
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INSTRUCTIONS TO TENDERERS
CONTRACT NO. CL2004-14
17. UTILITIES
5.
5.
For additional information regarding existing utilities the Contractor may contact the following
personnel:
Enbridge Consumers: Mr. Frank Cholewa
Gas Tel: 905-884-9105
Hydro One:
Mr. Jim Hisson
Tel: 905-623-1071
Veridian Connections: Mr. Terrance Butler
Tel: 1-888-420-0070
Bell Canada: Ms. Lynne Tindell
Tel: 905-433-3034
Cable TV:
Ms. Cindy Ward
Te]: 905-579-1601
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CORPORATION OF THE MUNICIPALITY OF CLARINGTON
CONTRACT NO. CL2004-14
SPECIAL PROVISIONS - GENERAL
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INDEX
INDEX
SPECIAL PROVISIONS-GENERAL
CONTRACT NO. CL2004-14
CLAUSE
SUBJECT
PAGE
1. GUARANTEED MAINTENANCE ..........................................................................1
2. CONTRACT TIME AND LIQmDATED DAMAGES................................................... 1
3. CONTRACTOR'S AUTHORIZED REPRESENTATIVE ...............................................2
4. OPS GENERAL CONDITIONS..... ..... ................. ........ ......................... ............. ......2
5. LAyOUT.................... .... ........... .... ................................ ................. ............... ....3
6. RESTRICTIONS ON OPEN BURNING ....................................................................3
7 . PAyMENTS...................... ........... ...................................................................... 3
8. UTILITIES......................................................................................................... 4
9. HAUL ROADS ... ......... .................. ......................... ............ ................... .............4
10. DUST CONTROL..... .......... ..... ......... ..... ................... ............................ ....... ........4
11. TRAFFIC CONTROL, FLAGGING .........................................................................5
12. CONTRACTOR'S SUPPLY OF CONSTRUCTION SIGNS............................................5
13. MAINTENANCE OF TRAFFIC ...... ........................ ................. ............... ........ .... ....6
14. EMERGENCY AND MAINTENANCE MEASURES ...................................................6
15. ENGINEERING FIELD OFFICE... ..... .................. .............................................. ..... 6
16. MANAGEMENT AND DISPOSAL OF EXCESS MATERIAL........................................ 7
17. OCCUPATIONAL HEALTH AND SAFETY ACT 1991- DESIGNATED SUBSTANCES.....7
18. WORKPLACE HAZARDOUS MATERIAL INFORMATION SYSTEM (WHMlS) ..............8
19. SPILLS REPORTING... ........................................................ ................................ 8
20. GARBAGE COLLECTION... ....... ......... ..... ................................... ............. ......... ... 9
21. DELIVERY OF TEST SAMPLES ............................................................................9
22. GOVERNMENTAL REQUIREMENTS............................................................. ........9
23. ENTRY ONTO PRIVATE PROPERTY .....................................................................9
24. STORAGE AREAS........... .............. ............................................................... .... 10
25. CONSTRUCTION LIEN ACT .............................................................................. 10
26. PROPERTY OWNER'S RELEASE OF PRIVATELY OWNED LAND USED BY THE
CONTRACTOR ...................... .......... ................................................... ............. 11
SCHEDULE ( C) - CONTRACTOR SAFETY - POLICY AND PROCEDURE
P\29274\Specs\I9914-SPG .doc
PAGE ONE
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PAGE ONE
SPECIAL PROVISIONS - GENERAL
CONTRACT NO. CL2004-14
1. GUARANTEED MAINTENANCE
Section GC7. 15.02 of the General Conditions is revised in that the Contractor shall guarantee and
maintain the entire work called for under this Contract for a period of twenty-four (24) months.
The Contractor shall make good in a permanent manner, satisfactory to the Authority, any and all
defects or deficiencies in the work, both during the construction and during the period of
maintenance as aforesaid. The Contractor shall commence repairs on any work identified as
defective under this clause within 48 hours of receipt of notice from the Authority or the Contract
Administrator.
The decision of the Authority and the Contract Administrator shall be fmal as to the necessity for
repairs or for any work to be done under this Section.
2. CONTRACT TIME AND LIQUIDATED DAMAGES
(1) Time
Time shall be the essence of this contract.
For purposes of this Contract, GCl.04 of the Genera] Conditions is revised, in that Contract
Time means the time stipulated herein for Completion of the Work as defined in Clause
GCl.06.
(2) Progress of the Work and Contract Time
The charging of working days shall commence on June 15, 2004 and the Contractor shall
diligently prosecute the work on this contract to completion on or before the expiration of
thirty (30) working days from the date of commencement.
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 tbese provisions will be considered to be included in the
prices bid for the various items of work and no additional compensation will be allowed
therefore.
Working days shall be charged until the date of completion of the work as set out in the
Certificate of Completion issued in accordance with GC8.02.03.06.
CONTRACT NO. CLZOO4-14
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SPECIAL PROVISIONS - GENERAL
CONTRACT NO. CLZOO4-14
2.
(3) Working Day
Working Day as defined in GCl.04 is modified by the addition of the following under"
Paragraph (a):
Except any day from inclusive, even though the Contractor may
elect to carry out any approved work as called for under this Contract during this period.
The Contract Administrator will furnish to the Contractor for his signature a weekly
"Statement of Record of Working Days". The Contractor will be allowed two weeks in
which to file a written protest setting forth in what respects the said weekly statement is
incorrect, otherwise, the statement shall be deemed to have been accepted by the Contractor
as correct.
(4) 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 within the number of working days as set forth in the special provisions 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, tbe parties hereto agree that the Contractor will
pay to the Authority the sum of ONE THOUSAND DOLLARS ($1,000.00) as liquidated
damages for each and every calendar day's delay in achieving completion of the work in
excess of the number of working days 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 number of working days.
The Authority may deduct any amount under this paragraph from any moneys that may be
due or payable to the Contractor on any account whatsoever. The liquidated damages
payable under this paragraph are in addition to and without prejudice to any other remedy,
action or other alternative that may be available to the Authority.
3. CONTRACTOR'S AUTHORIZED REPRESENTATIVE
Authorized representative as referenced in GC7 .0] .07 is defined as an employee of the
Contractor.
4. OPS GENERAL CONDITIONS
Wherever in this Contract reference is made to the General Conditions, it shall be inlerpreted as
meaning the OPS General Conditions of Contract, September 1999.
CONTRACT NO. CL2004-14
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SPECIAL PROVISIONS - GENERAL
CONTRACT NO. CL2004-14
3.
S. 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.
6. RESTRICTIONS ON OPEN BURNING
Open fires will not be permitted within the limits of this Contract. Brush and debris may as an
alternative to burning, be disposed of outside the Contract Limits and in compliance with the
requirements specified elsewhere for Management and Disposal of Excess Material.
7. PAYMENTS
Except as herein provided, payments under this Contract will be made in accordance with Section
GC8.02.03 of the Genera] Conditions.
Notwithstanding the provisions of the General Conditions respecting certification and payment,
the Authority may withhold 2-1/2 percent of the total value of work performed beyond the
expiration of 46 days from the date of publication of the Certificate of Substantial Performance, to
enable the Contract Administrator to produce the final detailed statement of the value of all work
done and material furnished under the Contract. As a condition of holdback reduction from 10 %
to 2-1/2%, the Contractor shall supply a Statutory Declaration as defined in GC8.02.03.07 03)(b)
and advertise the Certificate of Substantia] 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.
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CON'IRACT NO. CL2004-I4
4.
SPECIAL PROVISIONS - GENERAL
CON'IRACT NO. CL2004-I4
4.
The Contractor shall include in his price for the publication of the Certificate of Substantial
Performance. Publication is mandatory whether Contractor requests Substantial Performanct;, or
not.
The Contractor is advised that the Authority may withhold payment on Interim and Ho]dback
Release Certificates up to 30 calendar days from the date of receipt of the executed Payment
Certificates.
8. UTlLITffiS
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.
The location and depth of underground utilities shown on the Contract drawings, are based on the
investigations made by the Authority. It is, however, the Contractor's responsibility to contact
the appropriate agencies for further information in regard to the exact location of all utilities, to
exercise the necessary care in construction operations and to take such other precautions as are
necessary to safeguard the utilities from damage.
9. HAUL ROADS
When so required by the Contract Administrator, payment for maintenance and restoration of haul
roads will be made for the materials provided and the work performed as specified, at tender
prices, or at negotiated prices.
10. DUST CONTROL
As a part of the work required under Section GC7.06 of the General Conditions, the Contractor
shall take such steps as may be required to prevent dust nuisance resulting from his operations
either within the right-of-way or elsewhere or by public traffic where it is the Contractor's
responsibility to maintain a roadway through Ihe work.
Where the work requires the sawing of asphalt or the sawing or grinding of concrete, blades and
grinders of the wet type shall be used together with sufficient water to prevent the incidence of
dust, wherever dust would affect traffic or wherever dust would be a nuisance to residents of the
area where the work is being carried out.
CONTRACT NO. CL2004-I4
5.
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SPECIAL PROVISIONS - GENERAL
CONTRACT NO. CL2004-I4
s.
The cost of all such preventative measures shall be borne by the Contractor except however
where water or calcium chloride is used to reduce the dust caused by traffic on a roadway which
it is the Contractor's responsibility to maintain for public traffic, the cost of such quantities of
water and calcium chloride as are authorized by the Contract Administrator to restrict dust to
acceptable levels, shall be paid for by the Authority at the contract prices for Application of
Water or Application of Calcium Chloride.
11. TRAFFIC CONTROL, FLAGGING
Flagging for traffic control on this Contract shall be in conformance with the procedure outlined
in OTM Book 7 (Ontario Traffic Manual).
Each flagman shall, while controlling traffic, wear the following:
(i) an approved fluorescent blaze orange or fluorescent red safety vest, and
(ii) an approved fluorescent blaze orange or fluorescent red armband on each arm, and
(iii) an approved fluorescent blaze orange or fluorescent red hat
12. CONTRACTOR'S SUPPLY OF CONSTRUCTION SIGNS
In accordance with Section GC7.06 of the Genera] Conditions, the Contractor is responsible for
the supply, erection, maintenance and subsequent removal of all temporary traffic controls,
including signs, lights, barricades, delineators, cones, etc., required on the work.
Traffic controls shall be provided in genera] accordance with the latest edition of the "OTM
Book 7". As a minimum requirement and without restricting the Contract Administrator or the
Authority in requiring further controls, the following signs shall be supplied:
Sign Number Sign Message Number
Reouired
TC-l CONSTRUCTION 10
TC-41A CONSTRUCTION ZONE BEGINS 10
TC-41B CONSTRUCTION ZONE ENDS 10
Traffic controls shall be operational before work affecting traffic begins.
CONfRACT NO. CL2004-14
6.
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SPECIAL PROVISIONS - GENERAL
CONfRACT NO. CL2004-14
6.
13. MAINTENANCE OF TRAFFIC
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One lane of traffic shall be maintained adjacent to each site during the working day. Two lanes
shall be in operation at the end of each working day.
Pedestrian traffic shall be maintained at all times.
It is understood that implementation of traffic controls will require ongoing review and adjustment
to suit construction operations.
No deviation from the above procedure will be allowed except with the approval of the Engineer.
The Contractor shall be responsible for all signing at the contract limits and within the contract
limits. The Contractor shall ensure the signing is properly maintained while in use. It shall be
the Contractor's responsibility to directly notify Police, Fire, Hospita] and Ambulance services of
road closures at least 24 hours in advance of such closures and to notify these same authorities
when such closures are no longer in effect in the event that a road closure is required.
14. EMERGENCY AND MAINTENANCE MEASURES
Whenever the construction site is unattended by the general superintendent, the name, address and
telephone number of a responsible official of the contracting firm, shall be given to the Contract
Administrator. This official shall be available at all times and have the necessary authority to
mobilize workmen and machinery and to take any action as directed by the Contract
Administrator in case emergency or maintenance measures are required regardless whether the
emergency or requirement for maintenance was caused by the Contractor's negligence, act of
God, or any cause whatsoever.
Should the Contractor be unable to carry out immediate remedial measures required; the
Authority will carry out the necessary repairs, the costs for which shall be charged to the
Contractor.
15. ENGINEERING FIELD OFFICE
A separate field office for the Contract Administrator will not be required on this Contract. Tbe
Contractor shall, however, permit the Contract Administrator to make use of his office
accommodation and other facilities as required, and at no extra cost to the Authority.
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CONTRACT NO. CL2004-14
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CONTRACT NO. CL2004-14
7.
16. MANAGEMENT AND DISPOSAL OF EXCESS MATERIAL
The requirements of OPSS 180 shall apply to this Contract, revised as follows:
.1 Section 180.03, Defmitions, shall be amended by the addition of the following:
Work area: means the road allowance, right-of-way, and property with a boundary common
to the road allowance or right-of-way within the Contract limits.
.2 Subsection 180.07.02, Conditions on Management by Re-Use, shall be amended by the
addition of the following:
Recycled hot mix asphalt or excess bituminous pavement shall not be used as trench backfill
or bedding.
The Contractor shall be responsible for obtaining a copy of applicable Form Nos. OPSF
1800, OPSF 1801, OPSF 1803 and OPSF 1805 for use where appropriate with respect to
disposal of excess material.
17. OCCUPATIONAL HEALTH AND SAFETY ACT 1991- DESIGNATED SUBSTANCES
In accordance with the requirements of Section l8a(l) of the Occupational Hea]th 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 Substllllce Identified on this Site Location
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
CONTRACT NO. CL2004-14
8.
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CONTRACT NO. CL2004-14
8.
It is the responsibility of the Contractor to ensure that all sub-contractors performing work under
this Contract have received a copy of this specification, where Designated Substances are .'
identified as being present at the site of the work.
The Contractor shall comply with the governing Ministry of Labour Regulations respecting
protection of workers, removal, handling and disposition of the Designated Substances
encountered on this Contract.
Prior to commencement of this work, the Contractor shall provide written notification to the
Ministry of the Environment at 7 Over]ea Boulevard, Toronto, Ontario, M4H lA8, of the
location(s) proposed for disposal of Designated Substances. A copy of the notification shall be
provided to the Contract Administrator a minimum of two weeks in advance of work starting.
In the event that the Ministry of the Environment has concerns with any proposed disposal
location, further notification shall be provided until the Ministry of the Environment's concerns
have been addressed.
All costs associated with the removal and disposition of Designated Substances herein identified,
shall be deemed to be included in the appropriate tender items.
Should a Designated Substance not herein identified be encountered in the work, then
management of such substance shall be treated as Extra Work.
18. WORKPLACE HAZARDOUS MATERIAL INFORMATION SYSTEM (WHMIS)
Reporting
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 Materia] Safety Data Sheets shall accompany the submission. All containers used in the
application of products controlled under WHMIS shall be labelled.
The Contractor shall notify the Contract Administrator of changes to the list in writing and
provide the relevant Material Safety Data Sheets.
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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.
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SPECIAL PROVISIONS - GENERAL
CONTRACT NO. CL2004-14
9.
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. GARBAGE COLLECTION
The Contractor will be responsible for ensuring that garbage collection, including recyclables, is
maintained and when necessary, the Contractor shall make arrangements directly with the
collecting agency, to pennit and co-ordinate pick-up. Garbage pick-up is handled by Canadian
Waste Services, at 1-800-789-8886. Recyclable material is handled by Miller Waste Systems at
1-8()()-461-1582.
21. 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 ]aboratory.
For this contract test cylinders shall be delivered to 100 Scotia Court, Whitby, Ontario.
22. GOVERNMENTAL REQUIREMENTS
The Contractor shall obey all Federa], Provincial and Municipal laws, Acts, 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 Contractor. Without limiting the generality of the
foregoing, the Contractor shall satisfy all statutory requirements imposed by the Occupational
Health and Safety Act and regulations made thereunder on a contractor, a constructor and/or an
employer with respect to or arising out of the performance of the Contractor's obligations under
this Contract.
23. ENTRY ONTO PRIVATE PROPERTY
Tbe 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.
CONTRACT NO. CL2004-14
10.
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CONTRACT NO. CL2004-14
10.
24. STORAGE AREAS
Clause GC3. 06.01 of the General Conditions of Contract is amended by the addition of the
following:
The use of the road right-of-way as a long term storage area is not allowed under this Contract.
The storage of materials and movement of equipment will only be allowed for normally accepted
construction practices.
25. 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 ]egal fees incurred in appearing on such an application and in addition
agrees to pay to the Authority its reasonable costs incurred in producing such documents to the
extent that the same is made necessary under the disposition of the matter by such judge, and the
Contractor further agrees that such reasonable costs and fees incurred by the Authority as stated
herein may be properly deductible from monies otherwise payable to the Contractor under the
terms of the Contract Documents.
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CONTRACT NO. CL2004-14
11.
26. PROPERTY OWNER'S RELEASE OF PRIVATELY OWNED LAND
USED BY THE CONTRACTOR
Upon completion of the Contract, the Contractor shall provide the Authority with two (2) copies
of a form of release signed by each property owner, upon whose land he has entered for purposes
associated with the Contractor's operations but not for the purpose of undertaking works
stipulated in the Contract:
Date .......................
To: Mr. A. S. Cannella, C.E.T., Director of Engineering Services
Corporation of the Municipality of C]arington
Municipal Administration Centre, 40 Temperance Street
BOWMANVILLE, Ontario L1C 3A6
Re: Contract No. CL2004-14
Dear Sir:
I hereby certify that
(Name of Contractor)
have fulfilled the terms of our agreement and have left my property in a satisfactory condition.
I have accepted their final payment and release
(Name of Contractor)
and the Corporation of the Municipality of Clarington from further obligations.
Yours very truly,
Signature
Property Owner's Name.......... ................. .Lot......Concession..........
Municipality of ..... ............... ....................
(Please complete above in printing)
Final payment will not be released to the Contractor unlil all the applicable forms of release have
been signed by the property owners and received by the AUlhority.
SCHEDULE (C)
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SCHEDULE (C)
CONTRACTOR SAFETY
POLICY AND PROCEDURE
POLICY:
Contractors and Sub-contractors are responsible to ensure that their personnel are
updated on all safety concerns of the workplace and are aware of the safety
requirements as required by the Contractor under the Occupational Health and Safety
Act. Safety performance will be a consideration in the awarding of contract. Under the
Occupational Health and Safety Act (Section 23 (1), (2}), it is the constructor's
responsibility to ensure that:
. the measures and procedures prescribed by the Occupational Health and Safety
Act and the Regulations are carried out on the proiect;
. every employer and every worker performing work on the proiect complies with
the Occupational Health and Safety Act and the Regulations (under the Act); and
. the health and safety of workers on the proiect is protected.
. Where so prescribed, a constructor shall, before commencing any work on a
project, give to a Director notice in writing of the project containing such
information as may be prescribed.
DEFINITIONS:
Contractor _ any individual or firm engaged by the Municipality to do work on behalf of
the Municipality.
Project _ means a construction project, whether public or private, including,
.
the construction of a building, bridge, structure, industrial establishment, mining
plant, shaft tunnel, caisson, trench, excavation, highway, railway, street, runway,
parking lot, cofferdam, conduit, sewer, watermain, service connection, telegraph,
telephone or electrical cable, pipe line, duct or well, or any combination thereof,
.
the moving of a building or structure, and
.
any work or undertaking, or any lands or appurtenances used in connection with
construction.
Construction - includes erection, alteration, repair, dismantling, demolition, structural
maintenance, painting, land clearing, earth moving, grading, excavating, trenching,
digging, boring, drilling, blasting, or concreting, the installation of any machinery or plant,
and any work or undertaking in connection with a project.
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SCHEDULE(C
CONTRACTOR SAFETY
POLICY AND PROCEDURE Continued...
Constructor _ means a person who undertakes a project for an owner and includes an
owner who undllrtakes 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
substanceslhazardous 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 Sarety 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.
~r.HFmJLE (e)
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SCHEDULE (C)
CONTRACTOR SAFETY
POLICY AND PROCEDURE Continued...
i) The contractor has the responsibility to provide any and all prescribed personal
protective equipment for their own workers, to include as a minimum but not
limited to hard hats and safety boots. If a worker(s) fails to comply with any
program, policy, rule or request regarding health and safety, that person(s) is not
allowed on the site until the person(s) complies.
j) The Municipality will retain the right to document contractors for all health and
safety warnings and/or to stop any contractors' work if any of the previously
mentioned items are not in compliance. Similarly, the Municipality will have the
right to issue warnings and/or to stop work if there are any violations by the
contractor of the Occupational Health and Safety Act, Municipal Health and
Safety programs, policies, rules, and/or if the contractor creates an unacceptable
health and safety hazard. Written warnings and/or stop work orders can be given
to contractors using Contractor Health and Safety Warning/Stop Work Order
Form (Schedule "B").
k) Where applicable, the Municipality will retain the right to aHow municipal
employees to refuse to work in accordance with the established policy and the
Occupational Health and Safety Act, in any unsafe conditions.
I) The Purchasing Department will maintain current certificates of clearance until all
monies owing have been paid to the contractor.
m) Responsibility for ensuring contractor compliance to this policy falls upon the
project manager or designate. This will include identification, evaluation and
control practices and procedures for hazards and follow-up and issuing of
Contractor Health and Safety Warning/Stop Work Orders.
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SCHEDULE (C)
CONTRACTOR SAFETY
POLICY AND PROCEDURE Continued...
HEALTH AND SAFETY PRACTICE FORM
To Contractor(s):
The Municipality of Clarington is committed to a healthy and safe working environment for all
workers. To ensure the Municipal workplace is a healthy and safe working environment,
contractors, constructors and subcontractors must have knowledge of and operate in
compliance with the Occupational Health and Safety Act and any other legislation pertaining to
employee health and safety.
In order to evaluate your company's health and safety experience, please provide the
accidentlincident 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)
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SCHEDULE (C)
CONTRACTOR SAFETY
POLICY AND PROCEDURE Continued...
CONTRACTOR'S STATEMENT OF RESPONSIBiliTY
As a contractor working for the Municipality of Clarington, l/we will comply with all
procedures and requirements of the Occupational Health and Safety Act, Municipal
safety policies, department and site specific policies and procedures and other
applicable legislation or regulations. l/we will work safely with skill and care so as to
prevent an accidental injury to ourselves, fellow employees and members of the public.
1. The contractor/successful tenderer certifies that it, its employees, its
subcontractors and their employees,
a) are aware of their respective duties and obligations under the
Occupational Health and Safety Act, as amended from time to time, and
all Regulations thereunder (the "Acf'); and
b) have sufficient knowledge and training to perform all matters required
pursuant to this contract/tender safely and in compliance with the Act.
2. In the performance of all matters required pursuant to this contractltender, the
contractor/successful tenderer shall,
a) act safely and comply in all respects to the Act, and
b) ensure that its employees, it subcontractors and their employees act
safely and complying all respects with the Act.
3.
The contractor/successful tenderer shall rectify any unsafe act or practice and
any non-compliance with the Act at its expense immediately upon being notified
by any person of the existence of such act, practice or non-compliance.
4.
The contractor/successful tenderer shall permit representatives of the
Municipality and the Health and Safety Committee on site at any time or times for
the purpose of inspection to determine compliance with this contractorltender.
5.
No act or omission by any representative of the Municipality shall be deemed to
be an assumption of any of the duties or obligations of the contractor/successful
tenderer or any of its subcontractors under the Act.
6.
The contractor/successful tenderer shall indemnify and save harmless the
Municipality,
a) from any loss, inconvenience, damage or cost to the Municipality which
may result from the contractorlsuccessfullenderer or any of its
employees, its subcontractors or their employees failing to act safely or to
comply in all respects with the Act in the performance of any matters
required pursuant to this contracUtender;
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SCHEDULE (C)
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SCHEDULE (C)
CONTRACTOR SAFETY
POLICY AND PROCEDURE Continued...
b) against any action or claim, and costs related thereto, brought against the
Municipality by any person arising out of any unsafe act or practice or any
non-compliance with the Act by the contractor/successful tenderer or any
of its employees, its subcontractors or their employees in the
performance of any matter required pursuant to this contracVtender; 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
/J violation of the Act arising out of this contractltender.
t,~l:s,:,J~ ..(=.~1'"d';'&N":;;;'d~;:;;;.&f::.f.l&'~:i/
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SCHEDULE (C)
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.
SJAdminIForms & SpecslClaringlonlPolicy-MC>C
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SCHEDULE (C)
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SCHEDULE (C)
CONTRACTOR SAFETY
POLICY AND PROCEDURE Continued...
Schedule "S"
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
SREACH OF CONTRACT.
PART "A" - DETAILS OF CONTRACT
CONTRACT/P.O. #
DESCRIPTION:
NAME OF FIRM:
PART "S" - DETAILS OF INFRACTION (TO SE COMPLETED SY ISSUER)
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CORPORATION OF THE MUNICIPALITY OF CLARINGTON
CONTRACT NO. CL2004-14
SPECIAL PROVISIONS - TENDER ITEMS
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PAGE ONE
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PAGE ONE
SPECIAL PROVISIONS - TENDER ITEMS
CONTRACT NO. CL2oo4-14
SITE PREPARATION - ITEM NOS. AI, B1, AND Cl
Under these Items and for the Contract price, the Contractor shall supply all ]abour, equipment and
materials required to complete the following works in accordance with the Contract Drawings and to
the satisfaction of the Engineer:
a) Clearing and grubbing all trees, stumps and brush to accommodate widening of roadway
embankments as required;
b) All equipment, labour and materials required to strip the roadway embankments to allow for
widening of the shoulders and installation of the new guide rail posts, as shown on the drawings
and as directed by the Engineer.
c) Removing and disposing of all obstacles of the nature of guide rail and posts, rubble boulders,
timbers, etc., not specifically provided for under other Tender Items, to accommodate the
installation of the new guide rail on the approaches;
d) Clean-up and all incidental work not included in specific Tender Items.
All old posts, brush, logs, stumps and other debris resulting from the Contractor's operations under this
Item shall be disposed of by the Contractor off site at a location to be arranged by the Contractor at no
additional cost to the Municipality and to the satisfaction of the Engineer. Burning of trees, brush and
other debris will not be permitted within the limits of the contract.
In addition to the work required herein and further described under OPSS 201, the Contractor shall
remove and dispose of all boulders within the limits of the required clearing and grubbing operation.
All boulders encountered under these operations shall be disposed of away from the site at no additional
cost to the Municipality.
Any damage caused by the Contractor's operations to the surrounding property shall be repaired by the
Contractor at no additional cost to the Municipality and the Engineer.
All removals from the site shall remain the property of the Contractor to be disposed of by the
Contractor off the limits of the Contract, at a location arranged for by the Contractor at his own
expense and to the satisfaction of the Engineer. When hauling rubble, excavated materia] or fill
materials from or to the site, the Contractor shall comply with the requirements of the Highway Traffic
Act.
Suitable excavated earth material shall be used as fill material for the roadway and embankment
construction to the extent as shown on the Drawings. The Contractor shall be responsible for making
all necessary arrangements to secure areas for stockpiling surplus excavated materials, at his own
expense, and to the satisfaction of the Engineer.
Materials excavated under these Items which are surplus to or unsuitable for the fill requirements shall
be disposed of by Ihe Contractor at his own expense, and to the satisfaction of the Engineer.
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CONTRACT NO. CLZ004-14
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SPECIAL PROVISIONS - TENDER ITEMS
CONTRACT NO. CL2004-14
2
All trees, shrubs and other vegetation as designated by the Engineer to be saved shall be car~fully
protected from danger or injury, during all construction operations by means of a snow fence at the
dripline of the trees or as directed by the Engineer. Tbe Contractor may be required to cut only certain
selected trees on certain areas, leaving the rest of the trees in the indicated areas unharmed.
Tbe price tendered for these Items shall be compensation in full for all work associated with this Item.
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Work under these Items shall not commence without prior approval in writing from the Engineer.
CABLE GUIDE RAIL - ITEM NO. A2
SINGLE RAIL STEEL BEAM GUIDE RAIL - ITEM NOS. B6, C2, D2 AND E2
SINGLE RAIL STEEL BEAM GUIDE RAIL AND CHANNEL - ITEM NOS. 87 AND C3
Under these Items and for the Contract unit prices, the Contractor shall supply all equipment, labour
and materials necessary for the supply and installation of new cable guide rail, steel beam guide rail and
channel, in accordance with OPSS 552, as shown on the drawings and as directed by the Engineer.
Installation of the steel beam guide rail will include the following work:
a) Supply and installation of the guide rail, posts, bolts, etc., as required to complete the
installation of the new guide rail, as shown on the drawings and as directed by the Engineer.
b) All equipment, labour and materials required to widen and re-grade the roadway embankments
to allow for installation of the new guide rail posts, as shown on the drawings and as directed.
by the Engineer.
c) All equipment, labour and materials required for placement of topsoil in accordance with OPSS
570 and for placement of seeding and mulching in accordance with OPSS 572 for the
Concession 6, 8 and Concession Street sites, and sodding (nursery), staked, in accordance with
OPSS 571, for the Concession 8 site. Seed type shall be the Salt Tolerant Mix as specified in
Table 1 of OPSS 572. OPSS 571 shall be amended in that the application of water for sod shall
be included in the contract unit price. The Contractor shall be responsible for the care of all
completed sodding for a period of one year. During this period any break, which may occur
through slipping of sod, shall be repaired and any sod which is dead shall be removed and
replaced by the Contractor, with acceptable sod, at his own expense.
d) Granular 'A' will be supplied and placed under the Item "Granular 'A'".
e) For the Windsor Valley Place site, the unit price bid shall include for the removal, salvage,
storage and reinstatement of existing guide rail on new posts including new bolts, etc. as
required.
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CONTRACT NO. CLZ004-14
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SPECIAL PROVISIONS - TENDER ITEMS
CONTRACT NO. CLZ004-14
3
The Contractor shall dispose of all excavated materials which are unsuitable for or in excess of the fill
requirements under this Contract, at a location arranged for by the Contractor at his own expense and
to the satisfaction of the Engineer.
GRANULAR 'A' - ITEM NOS. A4, BII AND C6
Under these Items and for the Contract unit prices, the Contractor shall supp]y, place and compact in
accordance with OPSS 501, the granular materials required for the shoulders and embankment
widening, as shown on the Drawings and as directed by the Engineer. All granular materials shall be
compacted to 100 Percent Standard Proctor Density.
Water shall be applied to the materials to assist compaction, as directed by the Engineer and shall also
be included in the Contract unit prices.
REMOVAL AND DISPOSAL OF EXISTING STRUCTURE - ITEM NOS. B2, D1 AND EI
Under this Item and for the Contract price, the Contractor shall carry out the following work, as shown
on the Drawings and as directed by the Engineer:
a) Removal of the existing concrete handrails and curbs, including all sawcutting at the limits of
removal at the Concession 8 bridge.
b) Removal of existing guide rail, including backfilling post holes with granular materials at the
Main Street site and Windsor Valley Place site.
c) Perform all excavation required, except as provided for under other items of the Contract, as
shown on the Drawings and as directed by the Engineer. Any over excavation shall be
backfilled with Granu]ar 'A' materia] and compacted at the Contractor's expense and as directed
by the Engineer.
d) All removals not provided for under other Items of this Contract.
Hoe-ram shall not be used to remove concrete. The proposed procedure for sawcutting of concrete
shall be submitted to the Engineer for review as required elsewhere in the specifications.
The Contractor shall carefully remove all concrete and take all necessary precautions to prevent any
debris from falling into stream. Any material which falls into the stream shall be located and removed
and the bed shall be cleaned of all debris prior to ~ompletion of the Contract. The Contractor shall
observe all safety laws and regulations in carrying out the work of this Item.
Any damage caused to the existing structure, utilities, services, etc. as a result of the Contractor's
operations shall be repaired at the Contractor's expense and to the complete satisfaction of the
Engineer.
CONTRACT NO. CL2004-14
4
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SPECIAL PROVISIONS - TENDER ITEMS
CONTRACT NO. CL2004-14
4
All removals from the existing structure, except as specifically noted, shall remain' the properly of the
Contractor to be disposed of by the Contractor off the limits of the Contract, at a location arrangc:d for
by the Contractor at his own expense and to the satisfaction of the Engineer. When hauling rubble,
excavated materials or fill from or to the site, the Contractor shall comply with the requirements of the
Highway Traffic Act.
Blasting will not be permitted for any work under this Item.
Work under this Item shall not commence without prior approval in writing from the Engineer.
DOWELS INTO CONCRETE - ITEM NO. B3
Under these Items and for the Contract unit price, the Contractor shall supply all equipment, labour and
materials to drill into the existing concrete and grout in dowels as shown on the Drawings. Reinforcing
steel bars shall be supplied under this Item. Grout shall be the Hilti HIT HY -150 Adhesive System, or
approved equal, and shall be used in accordance with the manufacturer's recommendations and as
directed by the Engineer. The holes shall be pre-dampened for a period of one hour and free water
shall be removed prior to application of the grout.
The holes shall be free of dust and debris inunediate]y prior to placement of the anchoring agent. When
the anchoring agent fails to fill the hole after insertion of the dowel, additional anchoring agent shall be
added to fill the hole. Holes that are started but not complete because reinforcing steel is encountered
shall be cleaned and filled with an approved patching material.
All debris resulting from the operation shall be disposed of as specified elsewhere in the Contract.
CONCRETE IN PARAPET WALLS - ITEM NO. B4
Payment for this Item at the Contract price will include the supply and placing of the anchorages for the
guide rails, channels and steel parapet rails, evazote, flexcell, caulking, etc., as shown on the Drawings
and as directed by the Engineer.
Concrete Quantities
The following approximate quantities for this Tender Item are for the Contractor's information only:
Item No. B4
- Concrete in Parapet Walls
5m'
Lump Sum Concrete Items
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Should the estimated quantities of concrete as shown in the tendering information, for any specific lump
sum concrete Item, differ by more than 5 percent from the theoretical quantities as determined from the
design dimensions of the structure component and where such discrepancy in quantities does not result
from a change in design made in accordance with Clause GC 3.11.01 of the General Conditions, then
CONTRACT NO. CL2004-14
5
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SPECIAL PROVISIONS - TENDER ITEMS
CONTRACT NO. CL2004-14
5
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either party to the Contract upon the written request of the other, shall as soon as reasonably possible,
negotiate upward or downward, the compensation for that portion of the concrete which is in excess of
or less than the estimated quantity plus or minus the 5 percent increase or decrease.
Where a change in quantity results from a change in design made in accordance with Clause
GC 3.11.01 of the General Conditions, then either party to the Contract upon the written request to the
other, shall as soon as reasonably possible, negotiate a new lump sum price for the Tender Item in
question.
Curing of Concrete
Clause 904.07.03.05.01 of OPSS 904 is deleted and replaced with the following: "All unformed and
slip formed surfaces shall be cured by burlap and water curing method only" .
Payment for the above Items, whether by square metre or by cubic metre, shall be full compensation
for all ]abour, materials and equipment necessary to cure all concrete with
burlap and water in accordance with OPSS 904.
Shipping of Concrete Test Cylinders
In addition to the requirements of OPSS 904.10, payment for this Item will include compensation for
shipping concrete test cylinders to the location designated by the Engineer.
Aggregate Sources
Only those sources listed on the Aggregate Sources List for concrete shall be used; sources that are not
shown on this list may be accepted by the Engineer after samples have been tested and have met the
current physical requirements and the alkali reactivity requirements of OPSS 1002.
Reinforcing Steel
Payment for the above Item, whether by lump sum or cubic metre, will include the supply, storage and
installation of reinforcing steel, as shown on the Drawings. The Contractor shall submit shop
Drawings to the Engineer, for review, as required elsewhere in the Specifications. Fabrication shall
not commence until the shop Drawings have been reviewed. Reinforcing steel for doweling into the
existing concrete deck shall be paid for under the Item "Dowels Into Concrete".
STEEL IN PARAPET RAILS - ITEM NO. B5
Under this Item and for the Contract price, the Contractor shall supply all materials, equipment and
labour necessary to complete the steel parapet rails, including posts and appurtenances, all as shown on
the Drawings and as directed by the Engineer. Anchors shall be supplied under the Item "Concrete in
Parapet Walls".
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CONTRACT NO. CL2004-I4
6
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SPECIAL PROVISIONS - TENDER ITEMS
CONTRACT NO. CL2004-I4
6
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The Contractor shall prepare shop drawings and submit six (6) sets to the Engineer for approval, and as
required elsewhere in the Specifications. Fabrication shall not commence until shop drawings hav~
been approved.
CONNECT GUIDE RAIL TO STRUCTURE - ITEM NOS. B8 AND C4
Under this Item and for the Contract unit price, the Contractor shall supply all equipment, labour and
materials necessary to connect the steel beam guide rail and channel to the structure, in accordance with
OPSD 912.430, as shown on the drawings and as directed by the Engineer.
EXTRUDER END TREATMENT - ITEM NOS. B9, C5 AND D4
Under this Item and for the Contract unit price, the Bidder shall supply all equipment, labour and
materials necessary for the supply and installation of the extruder end treatments, including high
intensity object markers, in accordance with OPSD 922.510, as shown on the drawings and as directed
by the Engineer.
Installation of the extruder end treatments will include the following work:
a) Supply and installation of the new extruder end treatments as shown on the drawings and as
directed by the Engineer.
b) All equipment, labour and materials required to strip, widen and re-grade the roadway
embankments to allow for installation of the new posts, as shown on the drawings and as
directed by the Engineer.
c) All equipment, labour and materials required for placement of topsoil in accordance with OPSS
570 and for placement of seeding and mulching in accordance with OPSS 572. Seed type shall
be the Salt Tolerant Mix as specified in Table 1 of OPSS 572.
d) Granu]ar 'A' will be supplied and placed under the Item "Granular 'A'".
The Contractor shall dispose of all excavated materials which are unsuitable for or in excess of the fill
requirements under this Contract, at a location arranged for by the Contractor at his own expense and
to the satisfaction of the Engineer.
ECCENTRIC LOADER END TREATMENT - ITEM NO. BIO
Under this Item and for the Contract unit price, the Bidder shall supply all equipment, labour and
materials necessary for the supply and installation of the eccentric loader end treatments, including high
intensity object markers, in accordance with OPSD 922.510, as shown on the drawings and as directed
by the Engineer.
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CONTRACT NO. CLZOO4-14
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SPECIAL PROVISIONS - TENDER ITEMS
CONTRACT NO. CLZOO4-14
7
Installation of the eccentric loader end treatments will include the following work:
a) Supply and installation of the new eccentric loader end treatments as shown on the drawings
and as directed by the Engineer.
b) All equipment, labour and materials required to strip, widen and re-grade the roadway
embankments to allow for installation of the new posts, as shown on the drawings and as
directed by the Engineer.
c) All equipment, labour and materials required for placement of topsoil in accordance with OPSS
570 and for placement of seeding and mulching in accordance with OPSS 572. Seed type shall
be the Salt Tolerant Mix as specified in Table 1 of OPSS 572.
d) Granular' A' will be supplied and placed under the Item "Granu]ar ' A'" .
The Contractor shall dispose of all excavated materials which are unsuitable for or in excess of the fill
requirements under this Contract, at a location arranged for by the Contractor at his own expense and
to the satisfaction of the Engineer.
STEEL SHEET PILE WALL - ITEM NO. B13
Under this Item and for the Contract unit price, the Contractor shall supply and install CMRM Z60
interlocking steel sheet piles or approved equal, including caps, stiffener plates, connection plates,
anchors, bolts, etc. as shown on the Drawings and as directed by the Engineer.
Any pile improperly driven shall be re-driven at the Contractor's expense.
The Contractor shall be responsible for the supply, storage, handling, moving and proper care of the
steel sheet piles until placed in the work.
The Contractor shall install the steel sheet piles for the retaining wall to the lines and depths shown on
the Drawings, or as revised in the field by the Engineer.
Steel sheet pile splices, if required, shall be performed utilizing full penetration butt welds. Welding
under this Item shall conform to CSA Standard W59-M89 and shall be done by a company certified in
Division 1 or Division 2 of CSA W47.l-M92.
The Contract unit price shall include CUlling-off the tops of the steel sheet piles to the elevations shown
on the Drawings. All sheet pile cut-offs will remain the property of the Contractor.
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CONTRACT NO. CL2004-14
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SPECIAL PROVISIONS - TENDER ITEMS
CONTRACT NO. CL2004-14
8
TEMPORY TRAFFIC PROTECTION - ITEM NO. BI4
Under this Item the Contractor shall supply and install temporary concrete barriers, includlrlg end
treatments, along the curb line at all times when the existing concrete handrails have been removed,
until such time as the new concrete parapet walls have been constructed.
STEEL POST BASES - ITEM NO. D3
Under this item and for the Contract unit price, the Contractor shall supply all equipment, labour and
materials necessary to fabricate and install the steel base plates, including all drilling, anchors,
approved non-shrink grout, etc. for the steel beam guide rail posts, as shown on the drawings and as
directed by the Engineer.
The Authority reserves the right to increase or decrease the tender quantity or to delete this item from
the Contract in its entirety.
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CORPORATION OF THE MUNICIPALITY OF CLARINGTON
CONTRACT NO. CL2004-14
STANDARD DRAWINGS
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STANDARD NO.
LOCA nON PLAN
OPSD 202.030
912.140
912.401
912.430
913.102
913.130
922.430
922.510
922.530
4010.000
PAGE 01\'E
PAGE 01\'E
STANDARD DRAWINGS
CONTRACT NO. CL2oo4-14
DESCRIPTION
Embankment Widening for Guide Rail End Treatments and
Transitions
Guide Rail System, Steel Beam Wood Post Assembly
Installation - Single Rail
Guide Rail System, Steel Beam Structure Connection
Component - Rail and Channel
Guide Rail System, Steel Beam Structure Connection
Guide Rail System, Cable Three and Six Cable Component -
Concrete Anchor Blocks
Guide Rail System, Cable Three Cable - Wood Post
Installation - Shoulder
Energy Attenuator, End Treatment Eccentric Loader
Installation - Layout and Post
Energy Attenuator, End Treatment Extruder Assembly
Energy Attenuator, End Treatment Extruder Installation
Guide Rail and Channel Anchorage
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<:rJ I-- .(nd face of
I barrier wall
Anchorage to be flush
with front face
l
Steel guide
roil assembly
'4. - .
.~
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Steel channel
assembly
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135
6-M22x70mm Ig
A325M golv bolts
with golv washers
Tap of
~ ospholt L
4
~
~
~
, ,
ELEVATION
&.
,n I 370 -j
~ ~ 100 I 110 ~
~O -~-~-~
~' I I
L -~- ~
L30 _~_~ ~
PL 20x200x370mm
golv steel g I
Grode 300W ':..t
Drill 24,:",m die
3 places
==1~
o
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180
130
3-f'errules for M22 golv bolt
in-line with 24mm die hole
8-M20x150mm long
shear studs
130mm
Typ
EMBEDDED PLATE ANCHOR DETAIL
NOTES:
A This OPSD to be read in conjunction with OPSD-912.401 and 912.431).
B Steel according to CSA Standard CAN3-G40.21-M92 Grade 300W.
C Studs to be welded using fusion weld process.
o Welding sholl be of a low hydrogen classification according to CSA
Standard W59-M89. ([480xx electrodes).
[ Anchor to be hot dip galvanized ofter fobricotion occording to CSA Standard
G164-M92.
F All bolts sholl be liberally coated with ontiseize compound meeting US Military
Specification MIL-A-907D.
G All dimensions ore in millimetres unless otherwise shown.
ONTARIO PROVINCIAL STANDARD DRAWING
Nov 2001
GUIDE RAIL AND
CHANNEL ANCHORAGE
OPSD
4010.000
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CORPORATION OF THE MUNICIPALITY OF CLARINGTON
CONTRACT NO. CL2004-14
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 CONDITIONS OF CONTRACT
Table of Contents
SECTION GC 1.0 -INTERPRETATION
GC 1.01 Captions.......... ......................................................................................................... 1
GC 1.02 Abbreviations...........................................................................................................1
GC 1.03 Gender and Singular References............................................................................ 1
GC 1.04 Definitions ........................... ............... ..................................................... ................. 1
GC 1.05 Substantial Performance ......................................................................................... 5
GC 1.06 Completion...............................................................................................................6
GC 1.07 Final Acceptance .....................................................................................................6
GC 1.08 Interpretation of Certain Words ............................................................................... 6
SECTION GC 2.0 - CONTRACT DOCUMENTS
GC 2.01 Reliance on Contract Documents.........................................................................:.. 7
GC 2.02 Order of Precedence ............................................................................................... 7
SECTION GC 3.0 - ADMINISTRATION OF THE CONTRACT
GC 3.01 Contract Administrator's Authority ........................................................................... 8
GC 3.02 WOr1ling Drawings ................................................................................................;.. 9
GC 3.03 Right of the Contract Administrator to Modify Methods and Equipment ................. 9
GC 3.04 Emergency Situations............................................................................................10
GC 3.05 layout.................................................................................................................... 10
GC 3.06 Wor1ling Area.........................................................................................................10
GC 3.07 Extension of Contract Time ................................,.................................................. 10
GC 3.08 Delays.................................................................................................................... 11
GC 3.09 Assignment of Contract ......................................................................................... 11
GC 3.10 Subcontracting by the Contractor .......................................................................... 11
GC 3.11 Changes ................................................................................................................ 12
GC 3.11.01 Changes in the Wor1l............................................................................................. 12
GC 3.11.02 Extra Work............................................................................................................. 12
OPS o.-.J Concl-.o ol COnll'8c:l. Sepwnbet 1m
T_ol~.1
GC 3.11.03 Additional Work ..................................................................................................... 12
GC 3.12 Notices................................................................................................................... 12
GC 3.13 Use and Occupancy of the Work Prior to Substantial Perfonnance .....................13
GC 3.14 Claims, Negotiations, Mediation............................................................................ 13
GC 3.14.01 Continuance of the Work....................................................................................... 13
GC 3.14.02 Record Keeping.....................................................................................................13
GC 3.14.03 Claims Procedure .................................................................................................. 13
GC..3.14.04 Negotiations........................................................................................................... 14
GC ~.14.05 Mediation ............................................................................................................... 14
GC 3.14.06 Paymenl................................................................................................................ 14
GC 3.14.07 Rights of Both Parties...................................................................................:........ 15
GC 3.15 Engineering Arbitration........................................................................................... 15
GC 3.15.01 Conditions for Engineering Arbitration................................................................... 15
GC 3.15.02 Arbitration Procedure............................................................................................. 15
GC 3.15.03 Appointment of Arbitrator....................................................................................... 15
GC 3.15.04 Costs...................................................................................................................... 16
GC 3.15.05 The Decision.......................................................................................................... 16
GC 3.16 Archaeological Finds ............................................................................................. 16
SECTION GC 4.0 - OWNER'S RESPONSIBILITIES AND RIGHTS
GC 4.01 Working Area......................................................................................................... 17
GC 4.02 Approvals and Pennits .......................................................................................... 17
GC 4.03 Management and Disposition of Materials ............................................................ 17
GC 4.04 Construction Affecting Railway Property .............:..............................................:..18
GC 4.05 Default by the Contractor.......................................................................................18
GC 4.06 Notification ofOefault............................................................................................18
GC 4.07 Contractor's Right to Correct 8 Default................................................................. 18
GC 4.08 Owner's Right to Correct Default........................................................................... 18
GC 4.09 Tennination of Contractor's Right to Continue the Work....................................... 18
T.bleol~.N
OPS General ConclIIIona of Conlrac:I.llapIember 11199
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GC4.10
GC4.11
GC4.12
GC4.13
Final Payment to Contractor.................................................................................. 19
Tennination of the Contract............................................;...................................... 19
Continuation of Contractor'S Obligations............................................................... 19
Use of Performance Bond ..................................................................................... 19
SECTION GC 5.0 - MATERIAL
GC 5.01
GC 5.02
GC 5.03
GC 5.04
GC 5.05
GC 5.05.01
GC 5.05.02
Supply of Material..................................................................................................20
Quality of Material.................................................................................................. 20
Rejected Material................................................................................................... 20
Substitutions ................................................................................ .......................... 20
Owner Supplied Material.......................................................................................21
Ordering of Excess Material.................................................................................. 21
Care of Material..................................................................................................... 21
SECTION GC 6.0 - INSURANCE, PROTECTION AND DAMAGE
GC 6.01
GC 6.02
GC 6.03
GC 6.03.01
GC 6.03.02
GC 6.03.03
GC 6.03.04
GC 6.03.05
GC 6.03.05.01
GC 6.03.05.02
GC 6.03.05.03
GC 6.03.05.04
GC 6.03.06
GC 6.03.07
GC 6.04
Protection of WorK, Persons and Property ............................................................ 23
Indemnification ................ ...................................................................................... 23
Contractor's Insurance......... ..................... ...................................... ........... ............ 24
General..................................................................................................................24
General Liability Insurance ............................. ............. ........ ............................. ..... 24
Automobile Liability Insurance............................................................................... 24
Aircraft and Watercraft Liability Insurance............................................................. 25
Property and Boiler Insurance............................................................................... 25
Property Insurance ..... ................. .... ............ ............ ......................... ......... ............ 25
Boiler Insurance............. ............... ............................ ..... .............. ................... ....... 25
Use and Occupancy of the Work Prior to Completion........................................... 25
Payment for Loss or Damage..............................:................................................. 26
Contractor's Equipment Insurance ........................................................................ 26
Insurance Requirements and Duration.................................................................. 26
Bonding.................................................................................................................. 27
SECTION GC 7.0 _ CONTRACTOR'S RESPONSIBIUTlES AND CONTROL OF THE WORK
General.................................................................................................................. 28
GC 7.01
Toble aI Conf,enIa-1Il
OPS Gene..1 ConclIUono aI ConnCI- s...-, ,lIll9
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
GC 7.15
Layout .................. ...... ........................................................ ..... ............................... 29
Damage by Vehicles or other Equipment............................................................. 30
Excess loading of Motor Vehicles ................................................................::...... 30
Condition of the Working Area............................................................................... 30
Maintaining Roadways and Detours...................................................................... 30
Access to Properties Adjoining the Work and Interruption of Utility Services .......31
Approvals and Permits ...............................................................:..........................31
Suspension of Work .............................................................................................. 32
Contractor's Right to stop the Work or Terminate the Contract............................ 32
Notices by the Contractor .................;..................................................................., 32
Obstructions........................................................................................................... 33
Umitations of Operations....................................................................................... 33
Cleaning Up Before Acceptance .........................................................................:. 33
Warranty ... ...................... .................... ......................................... .......................... 33
GC 8.01
SECTION GC 8.0 - MEASUREMENT AND PAYMENT
GC 8.01.01
GC 8.01.02
GC 8.02
GC 8.02.01
GC 8.02.02
GC 8.02.03
GC 8.02.03.01
GC 8.02.03.02
GC 8.02.03.03
GC 8.02.03.04
GC 8.02.03.05
GC 8.02.03.06
GC 8.02.03.07
GC 8.02.03.<l8
GC 8.02.03.09
GC 8.02.03.10
GC 8.02.03.11
Measurement.........................................................................................................35
Quantities............................................................................................................... 35
Variations in Tender Quantities .............................................................................35
Paymenl............................................................................................. ................... 35
Price for Work ............. ........................... .......... ................... ....... ............................ 35
Advance Payments for Material......................................................!...................... 36
Certification and Payment .....................................................................................36
Progress Payment Certificate................................................................................ 36
Certification of Suboontract Completion .............:..................................................37
Suboontract Statutory Holdback Release Certificate and Payment...................... 37
Certification of Substantial Performance ............................................................... 37
Substantial Performance Payment and Substantial Performance Statutory
Holdback Release Payment Certificates ............................................................... 38
Certification of Completion .................................................................................... 38
Completion Payment and Completion Statutory Holdback Release
Payment Certificates .... ............ ........ ...... .............. ................. ...... .................... ...... 39
Interest.............................. .................................... .......................................... ....... 39
Interest for late Paymenl......................................................................................39
Interest for Negotiations and Claims ..................................................................... 40
Owner's Set-Off .....................................................................................................40
T.ble '" Conl<lnto - Iv
OPS _..I ~ '" Contr.CI. 6<lplllmber ,_
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GC 8.02.03.12
GC 8.02.04
GC 8.02.04.01
GC 8.02.04.02
GC 8.02.04.03
GC 8.02.04.04
GC 8.02.04.05
GC 8.02.04.06
GC 8.02.04.06.01
GC 8.02.04.06.02
GC 8.02.04.07
GC 8.02.04.08
GC 8.02.04.09
GC 8.02.05
GC 8.02.06
GC 8.02.07
GC 8.02.08
GC 8.02.09
Delay in Payment .................................................................................................. 40
Payment on a Tme and Material Basis.....................................................:........... 40
Definitions ..................................... ..................................... .................. .................. 40
Daily Work Records..........................................................................................,....41
Payment for Work.................................................................................................. 41
Payment for Labour ............................................................................................... 42
Payment for Material .............................................................................................42
Payment for Equipment.........................................................................................42
Working Tme ........................................................................................................ 42
Standby Time ........................................................................................................42
Payment for Hand Tools..............................~........................................................43
Payment for Work by Subcontractors.................................................................... 43
Submission of Invoices.................................................................,........................43
Final Acceptance Certificate................................................._............................... 43
Payment of Workers ..............................................................................................44
Records .................................................................................................................44
Taxes and Duties...................................................................................................44
. Liquidated Damages....................................................,.........................................45
T_ of Contentl- y
OPS Gene..1 COlldlllo... of Connell- S.pll ,11>.,,_
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GC 1.01
Ontario Provincial Standards
for
Roads and Public Works
September 1999
GENERAL CONDITIONS OF CONTRACT
SECTION GC 1.0 . INTERPRETATION
Captions
.01 The captions appearing in these General Conditions have been inserted as a matter of convenience .
and for ease of reference only and in no way define, limit or enlarge the scope or meaning of the
General Conditions or any provision hereof.
GC 1.02
Abbreviations
.01 The abbreviations on the left below are commonly found in the Contract Documents and represent
the organizations and phrases listed on the right
"MSHTO"
"ANSI"
"ASTM"
"AWG"
"AWWA"
"CESA"
-eGSB"
"CSA"
"CWB"
"GC"
"MOE"
"MTC"
"MTO"
"MUTCD"
oOPS"
"OPSO"
"OPSS"
"PEO"
"SAE"
"SSPC"
.UL"
"ULC"
GC 1.03
American Association of State Highway Transportation Officials
American National Standards InstitUte
American Society for Testing and Materials
American Wire Gauge
American Water Works Association
Canadian Engineering Standards Association
Canadian General Standards Board
Canadian Standards Association
Canadian Welding Bureau
General Conditions
Ministry of the Environment (Ontario)
Ministry of Transportation (Ontario)
Ministry of Transportation (Ontario)
Manual of Uniform Traffic Control Devices, published by MTO
Ontario Provincial Standard
Ontario Provincial Standard Drawing
Ontario Provincial Standard Specification
Professional Engineers Ontario
SocIety of Automotive Engineers
Structural Steel Painting Council
Underwriters Laboratories
Underwriters Laboratories Canada
Gender and Singular References
.01 References to the masculine or singular throughout the Contract Documents shall be considered to
include the feminine and the plural and vice versa as the context requires.
GC 1.04
Definitions
.01 For the purposes of this Contract the foRowing definitions apply:
Actual Measurement: means the field measurement of that quantity within the approved limits of the
Work.
OPS Gene.... Condlllono ., ~. September 1889
Pagel
Additional Work: means work not provided for in the Contract and not considered by the Contract
Administrator to be essential to the satisfactory completion of the Contract within its intended scope.
Base: means a layer of material of specified type and thickness placed immediately below the pavement,
driving surface, finished grade, curb and gutter, or sidewalk.
Certificate of Subcontract Completion: means the certificate issued by the Contract Administrator in
accordance with clause GC 8.02.03.02, Certification of Subcontract Completion.
Certificate of Substantial Perfonnance: means the certificate issued by the Contract Administrator at
Substantial Perfonnance.
"
Change Directive: means any written instruction signed by the Owner, or by the Contract Administrator
where so authorized, directing that a Change in the Work or Extra Work be perfonned.
""
Change in the Work: means the deletion, extension, increase, decrease or alteration of fines, grades,
dimensions, quantities, methods, drawings, substantial changes in geotechnica~ subsurface, surface or
other conditions, changes in the character of the Work to be done or materials of the Work or part thereof,
.within';(be intended scope of the Contract.
Change Order: means a written amendment to the Contract signed by the Contractor and the Owner, or
the Contract Administrator where so authorized, covering contingencies, a Change in the Work, Extra
Work, Additional Work and changed subsurface conditions, and establishing the basis for payment and the
time allowed for the adjustment of the Contract TIlDe.
Completion Certificate: means the certificate issued by the Contract Administrator at completion.
Constructor: means, for the purposes of, and within the meaning of the Occupational Health and Safety
Act, R.S.O. 1990, c.O.1, as amended and amendments thereto, the Contractor who executes the Contract.
Contract: means the undertaking by the Owner and the Contractor to perfonn their respective duties,
responsibilities and obligations as prescribed in the Contract Documents.
Contract Administrator: means the person, partnership or corporation designated by the Owner to be
the Owne(s representative for the purposes of the Contract.
Contract Documents: mean the executed Agreement between the Owner and the Contractor, the
Tender, the General Conditions of Contract, the Supplemental General Conditions of Contract, Standard
Specifications, Special Provisions, Contract Drawings, addenda incorporated in a Contract Document
before the execution of the Agreement, such other documents as may be listed in the Agreement and
subsequent amendments to the Contract Documents made pursuant to the provisions of the Agreement
Contract Drawings: or Contract Plans: mean drawings or plans, any Geotechnical Report, any
Subsurface Report and other reports and infonnalion provided by the Owner for the Work, and without
limiting the generality thereof, may include soil profiles, foundation investigation reports, reinforcing steel
schedules, aggregate sources lists, Quantity Sheets, cross-sections and standard drawings.
Contract Time: means the time stipulated in the Contract Documents for Substantial Perfonnance of the
Work, including any extension of Contract Time made pursuant to the Contract Documents.
Contractor: means the person, partnership or corporation undertaking the Work as identified in the
Agreement
Controlling Operation: means any component of the Work, which, If delayed, will delay the completion of
the Work. .
P-ve2
OPS Genonl eao__ 01 Canlr8cI. SIP_ 1899
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Cost Plus: See 'TlI11e and Materiar.
Cut-otf Date: means the date up to which payment will be made for work performed.
Dally Work Records: mean daily Records detailing the number and categories of workers and hours
worked or on standby; types and quantities of Equipment and number of hours in use or on standby; and
description and quantities of Material utilized.
Day: means a calendar day.
Drawings: or Plans: mean any Contract Drawings or Contract Plans or any Working Drawings or
WorKing Plans, or any reproductions of drawings or plans pertaining to the Work.
Equipment: means aD machinery and equipment used for preparing, fabricating, conveying or erecting
the Work and normally referred to as construction machinery and. equipment '
Estimate: means's calculabOn of the quantity or'tost-of.theWork-or'p8rt:Of itidepending on the context.
Extra Work: means work not provided for in the Contract as awarded but considered' by the Contract
Administrator to be essential to the 'satisfactOry completion of the 'Contract. within Its intended scope,
including unanticipated work required to comply with legislation and regulations which affect the Work.
Final Acceptance Certificate: means the certificate issued by the Contract Administrator at Final
Acceptance of the Work.
Final Detailed Statement: means a complete evalilation prepared by the Contract Administrator showing
the quantities, unit prices and final dollar amounts of all items of work completed under the Contract,
including variations in tender items and Extra Work, all as set out in the same general form as the monthly
estimates.
Force Account: See'Tme and Materiar.
Geotechnical Report: means a report or other information identifying soil, rock and ground water
. conditions' in the area of any proposed excavation or fill.
Grade: means the required elevation of that part of the work.
Hand Tools: means tools that are commonly called tools or implements of.the trade and include small
power tools.
Highway: means a common and public highway any part of which is intended for or used by the general
public for the passage of vehicles and includes the area between the lateral property lines thereof.
Lump Sum Item: means a tender item indicating a portion of the Work for which payment will be made at
a single tendered price. Payment is not based on a measured quantity,' although a quantity may be given
in the Contract Documents.
Major Item: means any tender item that has a value, calculated on the basis of Its actual or estimated
tender quantity, whichever is the larger, multiplied by Its tender unit price, which is equal or greater than
the lesser of,
a) $100,000, or
b) 5% of the total tender value calculated on the basis of the total of all the estimated tender
quantities and the tender unit prices.
Material: means material, machinery, equipment and fixtures forming part of the WorK.
OPS 0......1 CondIIklnI '" Con\J'Kt . SepI8mber UKIIl
P_3
Owner: means the party to the Contract for whom the Work is being performed, as identified in the
Agreement, and indudes, with the same meaning and import, "Authority".
Pavement: means a wearing course or courses placed on the Roadway and consisting of asphaltic
concrete, hydraulic cement concrete - Portland cement concrete. or plant or road mixed mulch.
Perfonnance Bond: means the type of security furnished to the Owner to guarantee completion of the
Work in accordance with.the Contract and to the extent provided in the bond.
Plan Quantity: means that quantity as computed from within the boundary lines of the Work as shown in
the Contract Documents.
'-.'.'
Project: means the construction of the Work as contemplated by this Contract
Quantity Sheet: means a list of the quantities of Work. to be done.
Rate;Clf Interest means the rate detennined by the Minister of Finance of Ontario and issued by, and
avana~!e from, the Owner.
,...-.,;~..1
Records: mean any books, payrolls, accounts or other infonnation which relate to the Work or any
Change in the Work or claims arising therefrom.
Roadway: means that part of the Highway designed or intended for use by vehicular traffic and includes
the Shoulders.
"
-1.- "'-."
Shoulder: means that portion of the Roadway between the edge of the wearing surface and the top
inside edge of the ditch or fill slope.
Special Provisions: mean special directions containing requirements peculiar to the Work.
Standard Specification: means a standard practice required and stipulated by the Owner for
perfonnance of the Work.
Subbase: means a layer of material of specified type and thickness between the Subgrade and the Base.
Subcontractor: means a person, partnership or corporation undertaking the execution of a part of the
Work by virtue of an agreement with the Contractor.
."",.
Subgrade: means the earth or rock surface, whether in cut or fill, as prepared to support the Base,
Subbase and Pavement
. ~~ .
Subsurtace Report: means a report or other infonnation identifying the location of utilities, concealed and
adjacent structures and physical obstructions which fall within the influence of the Work..
Superintendent: means the Contractor's authorized representative in responsible charge of the Work..
Surety: means the persOn, partnership or corporation, other than the Contractor, licensed in Ontario to
transact business under the Insurance Act, R.S.O. 1990, c.1.8, as amended, executing a bond provided by
the Contractor.
Tender:' means an offer in writing from the Contractor, submitted in the fonnat prescribed by the Owner,
to complete the Work.
Time and Material: means costs caiculated according to dause GC 8.02.04, Payment on a Time and
Material Basis. Where "Cost Plus" and "Force Aocount" are used they shall have the same meaning.
P_4
OPS Generol 00.-... ell Connc:t. 6eplember 1899
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Utility: means an aboveground or underground facility maintained by a municipality, public utility authority
or regulated authority and includes services such as sanitary sewer, storm sewer, water. eleclric, gas, oil,
steam, data transmission, telephone and cable television.
Warranty Period: means the period of 12 months from the date of Substantial Perfonnance or such
longer period as may be specified for certain Materials or some or all of the Wolle. Where a date of
Substantial Performance is not established, the Warranty Period shall commence on the date of
Completion.
Work: means the total construction and related services required by the Contract Documents.
Working Area: means all the lands and 'easements owned or acquired by the OWner for the-construction
of the Work.
Working Day: means any Day.
a) except Saturdays, Sundays and statutory holidays;
. b), .' except a'Day as' 'deterrilliled' b)illleContra'ct'Administrator; 'on'"Which'1he-:Contractor-isprevented by
. inclement weather or conditions resulting immediately1heretrom,'t.om proceeding'wittn-Controlling
.Operation.,', For the pilrposesof this definition, this will be aOayduring'whiclr the Contractor ,cannot
proceed with at least 60% of the normal labour and equipment force 'effectively engaged on the
Controlling Operation for at least 5 hours;
c) except a Day on which the ContractOr is prevented from proceeding with a Controlling Operation. as
determined by the Contract Administrator by reason of,
i. any breach of the Contract by the Owner or if such prevention is due to the OWner. another
contractor hired by the Owner, or an employee of anyone of them, or by anyone else acting on
behalf of the Owner.
ii. on-delivery of OWner-supplied materials,
iii. any cause beyond the reasonable control of the Contractor which can be substantiated by the
Contractor to the satisfaction of the Contract Administrator.
Working Drawings: or Working Plans:' means any Drawings or Plans prepared by the Contractor for the
execution of the Work and may, without limiting the generality thereof, include falsework plans, Roadway
protection plans, shop drawings, shop plans or erection diagrams.
GC 1.05
Su~ntialPerlonnance
.01 The Work is substantially performed.
a) when the Work to be performed under the Contract or a substantial part.thereofis ready for use
or is being used for the purpose intended; and
b) when the Work to be performed under the Contract is capable' of completion or, where there is a
known defect, the cost of conection, is not more than
i. 3% of the first $500.000 of the Contract price,
fl. 2% of the next $500,000 of the Contract price, and
iii. 1 % of the balance of the Contract price.
.02 For the purposes of,this Contract, where the Work or a substantial part thereof is ready for use or is
being used for the purposes intended and the remainder of the Work cannot be completed
expeditiously for reasons beyond the control of the Contractor or, where the Owner and the
Contractor agree not to complete the Work expeditiously, the price of the services or materials
remaining to be supplied and required to complete the Work &hall be deducted from the Contract
price in determining Substantial Performance.
cpa a.n...I Condlllonl of Connc:I- S......._I_
P_6
GC1.D6
Completion
.01 The Work shall be deemed to be completed and services or Materials shall be deemed to be last
supplied to the Work when the price of completion, correction of a known defect or last supply is not
more thiln the lesser of,
a) 1% of the Contract price; or
b) $1,000. .
GC 1.07
Final Acceptance
.01 Final Acceptance shall be deemed to occur when the Contract Administrator is satisfied that, to the
best of the Contract Administrator's knowledge at that time, the Contractor has rectified all imperfect
work and has discharged all of the Contractor's obligations under the Contract.
GC 1.08
Interpretation of Certain Words
.01 .-JJle words "acceptable", "approvar, "authorized", "considered necessary", "directed", "required",
- - ~~-:~satisfactory", or words of like import, shall mean approval of, directed, required, considered
. - necessary or authorized by and acceptable or satisfactory to the Contract Administrator unless the
context clearly indicates otherwise.
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"-II
OPS 0ener8I ~ 01 Conlr8Cl. ~,..... lll9l1
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SECTION GC 2.0 . CONTRACT DOCUMENTS
GC 2.01
Reliance on Contract Documents
.01 The Owner warrants that the information furnished in the Contract Documents can be relied upon with
the following .Iimitations or exceptions:
a) The location of all mainline underground utilities which will affect the Work will be shown to a
tolerance of:
i. 1 m horizontal and
ii. 0.3 m vertical
b) The Owner does not warrant interpretations of data or opinions expressed in any Subsurface
Report available for the perusal of the Contractor and excluded from the Contract Documents; and
c) Other infonnation specifically excluded from this warranty.
GC 2.02
Order of Precedence
.01 In the event of any inconsistency or conflict in the contents of the. folloWing documents, such
documents shall take precedence and govern in the following order:
a) Agreement
b) Addenda
c) Special Provisions
d) Contract Drawings
e) Standard Specifications
f) Tender
g) Supplemental General Conditions
h) General Conditions
i) Working Drawings
Later dates shall govern within each of the above categories of documents.
.02 In the event of any conflict among or inconsistency in the information shown on Drawings, the
following rules shall apply:
a) Dimensions shown in figures on a'Drawing shall govern where they differ from dimensions scaled
from the same drawing;
b) Drawings of larger scale shall govern over those of smaller scale;
c) Detaned Drawings shall govern over general Drawings; and
d) Drawings of a later date shall govern over those of an earlier date in the same series.
.03 In the event of any conflict in the contents of Standard . Specifications the following order of
precedence she! govern:
a) Ontario Provincial Standard Specifications; then
b) Other Standard Specifications, such as those produced by CSA, CGSS, ASTM and ANSI, and
referenced in the Ontario Provincial Standard Specifications.
.04 The Contract Documents are complementary, and what is required by anyone shall be as binding as
If required by all. .'
OPS General CondIloM ~ Contract.! l;ltll'Dr 1898
P_7
SECTION GC 3.0. ADMINISTRATION OF THE CONTRACT
GC 3.01
Contract Administrator's Authority
.01 The Contract Administrator will be the Owner's representative during conStruction and until the
issuance of the Completion Certificate or the issuance of the Final Acceptance Certificate whichever
is later. All instructions to the Contractor including instructions from the Owner will be issued by the
Contract Administrator. The Contract Administrator will have the authority to act on behalf of the
Owner only to the extent provided in the Contract Documents.
.02 All claims, disputes and other matters in question relating to the performance and the quality of the
Work or the interpretation of the Contract Documents shall be referred to the Contract Administrator.
.03 The Contract Administrator will inspect the Work for its conformity with the plans and specifications,
alJd to record the necessary data to establish payment quantities under the schedule of tender
{juantities and unit prices or to make an assessment of the value of the work completed in the case of
11l4ump sum price contract.
.04 jlle Contract Administrator will detennine the amounts owing to the Contractor undEir the Contract
and will issue certificates for payment in such amounts as provided for in Section GC 8.0,
Measurement and Payment
.05 The Contract Administrator will with reasonable promptness review and take appropriate action upon
the Contractor's submissions such as shop drawings, product data, and samples in accordance with
the Contract Documents.
.06 The Contract Administrator will investigate all allegations of a change in the character of the Work
made by the Contractor and issue appropriate instructions.
.07 The Contract Administrator will prepare Change Directives and Change Orders.
.08 Upon written application by the Contractor, the Contract Administrator and the Contractor will jointly
conduct an inspection of the Work to establish the date of Substantial Performance of the Work
and/or the date of Completion of the Work.
.09 The Contract Administrator will be, in the first instance, the interpreter of the Contract Documents and
the judge of the performance thereunder by both parties to the Contract. Interpretations and
decisions of the Contract Administrator shall be consistent with the intent of the Contract Documents
and in making these decisions the Contract Administrator will not show partiality to either party.
.10 The Contract Administrator will have the authority to reject part of the Work or Material which does
not conform to the Contract Documents.
.11 Defective worK. whether the result of poor workmanship, use of defective material, or damage
through carelessness or other act or omission of the Contractor and'whether incorporated in the Work
or not, which has been rejected by the Contract Administrator as failing to conform to the Contract
Documents shall be removed promptly from the Work by the Contractor and replaced or re-executed
promptly in accordance with the Contract Documents at no additional cost to the Owner.
.12 Any part of the Work destroyed or damaged by such removals, replacements or re-executions shall
be made good, promptly, at no additional cost to the Owner.
.13 If, in the opinion of the Contract Administrator, It is not expedient to correct defective work or work not
performed in accordance with the Contract Documents, the Owner may deduct from monies
otherwise due to the Contractor the difference in value between the work as performed and that
called for by the Contract Adminil!lrator.
p-vee
OPS Gene..I<:oncI_ oJ Conlm:I- SI~11 ,IMr 1m
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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 shall arrange for the preparation of clearly identified and dated Working Drawings as
called for by the Contract Documents.
.02 The Contractor shall submit Working Drawings to the Contract Administrator with reasonable
promptness and in orderly sequence so as to-not cause delay in the WorK "-Ifelther the "Contractor or
the Contract Administrator so reques1S they shaRjointly prepare a schedUle fixing the .dates for
submission and retum of Working Drawings. Working Drawings shall.be.subrnitted 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 return Working Drawings in acoorcIance 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 confonnity to the' design -concept and for
general arrangement only and such review shall not relieve the Contractor of responsibility for errors
or omissions in the Working Drawings or of responsibility for meeting all requirements. of the Contract
Documents unless a deviation on the Working Drawings has been approved in writing by the Contract
Administrator.
.05 The Contractor shall make any changes in Working Drawings which the Contract-Administrator may
require consistent with the Contract Documents and resubmit unless otherwise directed by the
Contract Administrator. When resubmitting, the Contractor shall notify the Contract Administrator in.
writing of any revisions other than those requesledby 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. Pennission
to construct granted."
.07 The Contractor shall keep one set of the .reviewed Working Drawings, marked as above, at the site at
all times.
GC 3.03
Right of the Contract Administrator to Modify Methods and Equipment
.01 The Contractor shall, when requested in writing, make alterations'in the method, Equipment or work
force at any time the Contract Administrator considers the Contractor's actions to be unsafe, or
damaging to either the Work or existing facilities or the environment
.02 The Contractor shall. when requested In writing, alter the sequence of its operations on the Contract
so as to avoid Interference with work being perfonned by others.
.03 Notwithstanding the foregoing, the Contractor shall ensure that all necessary safety precautions and
protection are maintained throughout the Work.
OPS Gene'" eo._.. cI ConllKt. s..,A8<,lber 1899
pege 8
GC 3.04
Emergency Situations
.01 The Contract Administrator has the right to determine the existence of an emergency situation, and
when such an emergency situation is deemed to exist, the Contract Administrator may instruct the
Contractor to take action to remedy the situation. If the Contractor does not take timely action, or if
the Contractor is not available, the Contract Administrator may direct others to remedy the situation.
'"
.02 If the emergency situation was the fault of the Contractor, the remedial work shall be done at the
Contractor's expense. If the emergency situation was not the fault of the Contractor, the Owner will
pay for the remedial work.
GC 3.05
Layout
.0{The Contract Administrator will provide baseline and benchmark intomiation for the general location,
. .alignment and elevation of the Work. The Owner will be responsible only for the correctness of the
. ~~formation provided by the Contract Administrator. .
.-....
GC 3.06 Worldng Area
.
-._~.
.01 The COntractor's sheds, site offices, toilets, other temporary structures and storage areas for material
and equipment shall be grouped in a compact manner and maintained in a neat and orderly condition
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 additiQllaI cost to the Owner.
.03 The Contractor shall not enter upon or occupy any private property for any purpose, unless the
Contractor has received prior written permission from the property owner.
GC 3.07
extension of Contract Time
.01 An application for an extension of Contract Time shall be made in writing by the Contractor to the
Contract Administrator as soon as the need for such extension becomes evident and at least 15 Days
prior to the expiration of the Contract Time. The application for an extension of Contract Time shall
enumerate the reasons, and state the length of extension required.
.02 .Circumstances suitable for consideration of an extension of Contract Time include the following:
a) Delays; See subsection GC 3.08.
b) Changes in the Work; See clause GC 3.11.01.
c). Extra Work; See clause GC 3.11.02.
d) Additional Work; See clause GC 3.11.03.
.03 The Contract Administrator will, in considering an application for an extension to the Contract Time,
take into account whether the delays, Changes in the Work, Extra Work or Additional Work involve a
Controlling Operation.
.04 The Contract Time shall be extended lor 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.
P_IO
OPS Generol Condlllono d ~. s.""",lber 1m
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GC 3.08
Delays
.01 If the Contractor is delayed in the perfonnanoe of the Work by,
a) war, blockades, and civil commotions. errors in the Contract Documents; an act or omission of the
OWner or Contract Administrator, or anyone employed or engaged by them directly or indirectly,
contrary to the provisions of the Contract Documents;
b) a stop work order issued by a court or publiC authority, provided that such Older was not issued as
the result of an act or omission of the Contractor or anyone employed or engaged by the
Contractor direcUy or indirecUy;
,. c) the. Contract Administrator giving notice under subseclionGC7.09; Suspension of Work;
d) abnonnal inclement weather. or
- e) -archaeological finds in accordanoe with subsection GC 3.16. Archaeological Finds.
then the Contractorshall 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
Tln'Ie - due to abnormal- inclement - weather; 1he'"Contractor-shall; with. the' Contractor's. application,
submit evidence from Environment Canada in'support of sucll'application. '~nsion of Contract
Tme will be granted in accordance with subsection GC3,07; Extension of.ContractTime.
.02 If the Work is delayed by labour disputes, - strikes or 1ock-'OUts-- including Iock-outs decreed or
recommended to 'its members by a .recognized contractor's association. of which. the Contractor is a
, - rnernber or to which the Contractor is otherwise bound - which. are beyond the -. Contractor's control,
. then the -Contract Tme shall 'be' extended' in' accordanoewith. subsection. GC- 3,07; .Extension of
Contract TllTle. In no case shall the extension of Contract Time be less than the time last as the
result of the event causing the delay, unless a shorter extension'is agreed to by the Contractor; - The
Contractor shall "otbe entitled to payment for costs incurred as the result ofsuch delays unless such ,
delays are the result of actions by the Owner.
GC 3.09
Assignment of Contract
.01 The Contractor shall not assign the Contract, either in whole or in part, without the written consent of
the OWner.
GC 3.10
Subcontracting by the Contractor
.01 The Contractor may subcontract any part of the Work, subject to these General Conditions and any
limitations specified in the Contract Documents.
.02 The Contractor shall notify the Contract Administrator, in wriling;'of'the'intentionto subcontract Such
notification shall identify the part of the Work; and the Subcontractor with whom it is intended.
.03 The Contract Administrator will, within 10 Days of receipt of such notification,' accept or reject the
intended Subcontractor. The rejection will be in writing .and will include the reasons for the rejection.
.04 The Contractor shall not, without the written consent of the OWner, change a Subcontractor who has
been engaged in accordance with subsection GC 3.10 Subcontracting by the Contractor.
.05 The Contractor shall preServe and protect the rights of the parties under the Contract with respect to
that part of the Work to be perfonned under subcontract and shall,
a) enter into agreements with the intended Subcontractors to require them to perform their work in
accordance with the Contract Documents; and
b) be as fully responsible to the Owner for acts and omissions of the Contractor's Subcontractors and
of persons directly or indirectly employed by them as for acts and omissions of persons directly
employed by the Contractor.
OPS o.-.t Cond_ fileoo..ct. ~ lll9l1
P8ge 11
.06 The Owner's consent to subcontracting by the Contractor shall not be construed to relieve the
Contractor from any obngation under the Contrad and shall not impose any liability upon the Owner.
Nothing contained in the Contract Documents shall create a contractual relationship between a
Subcontractor and the Owner.
GC 3.11
Changes
Changes In the Work
GC 3.11.01
.01 The Owner, or the Contrad Administrator where so authorized, may, by order in writing, make a
Change in the Work without invalidating the Contract. The Contractor shall not be required to
proceed with a Change in the Work until in receipt of a Change Directive. Upon the receipt of such
Change Directive the Contractor shall proceed with the Change in the Work.
.02 ."]}Ie Contractor may apply for an extension of Contract Trme according to the terms of subsection GC
3:07, Extension of Contrad Trme.
.031t.the Changes in the Work relate solely to quantities, payment for that part of the Work will be made
-aCcording to the conditions specified in clause GC 8.01.02, Variations in Tender Quantities. If the
Changes in the Work do not solely relate to quantities, payment may be negotiated pursuant to
subsection GC 3.14, Claims, Negotiations, Mediation or payment may be made according to the
conditions contained in clause GC 8.02.04, Payment on a Trme and Material Basis.
GC~.11.02
Extra Work
.01 The Owner, or Contract Administrator where so authorized, may Instruclthe Contractor to perform
Extra Work without invalidating the Contract The Contractor shall not be required to proceed with the
Extra Work until in receipt of a Change Directive. Upon receipt of such Change Directive the
Contractor shall proceed with the Extra Work.
.02 The Contrador may apply for an extension of Contrad Time according to the terms of subsection GC
3.07, Extension of Contrad Tme.
.03 Payment for the Extra Work may be negotiated pursuant to subsection GC 3.14, Claims,
Negotiations, Mediation, or payment may be made according to the conditions contained in clause
GC 8.02.04, Payment on a Time and Material Basis.
GC 3.1.1.03
Additional Work
.01 The Owner, or Contract Administrator where so authorized, may request the Contractor to perform
Additional Work without invalidating the Contract. If the Contractor agrees to perform Additional
Work, the Contrador shall proceed with such Additional Work upon receipt of a Change Onler.
.02 The Contrador may apply for an extension of Contrad Time according to the terms of subsection GC
3.07, Extension of Contrad Time.
.03 Payment for the Additional Work may be negotiated pursuant to subsection GC 3.14, Claims,
Negotiations, Mediation, or payment may be made according to the conditions contained in clause
GC 8.02.04, Payment on a Time and Material Basis.
GC 3.12
Notices
.01 Any notice permitted or required to be given to the Contrad 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.
P_'2
OPS Gene.., eo.-.... oICon1r8cl. Seplanar 11199
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.02 The Contractor and the Owner shall provide each other with the mailing addresses, telephone
numbers and facsimUe terminal numbers for the Contract Administrator and the Superintendent at the
commencement of the Work.
.03 In the event of an emergency situation or other urgent matter the Contract Administrator or, the
Superintendent may give a verbal notice, provided that such notice is confirmed in writing within 2
Days.
'.04 -Any notice permitted or required to be given to the Owner or the Contractor shaD be given in
- accordance with the notice provision of the Contract.
GC3.13
- Use and Oc;c:upancy of the Work Prior to Substantial Perfonnance
.01 - Where it is not contemplated elsewhere in.the Contract Documents;' the OWner may use or occupy
the Work or any part thereof prior to Substantial-:Performance;- provided.that at.least 30 Days' written
notice has been given to the Contractor.
.02 The use or occupancy of the Work or any part thereof by-the Owner priortoSUbstantial Performance
shaD not constitute an acceptance of the Work or parts SO' occupied. In"addition, the use or
occupancy of the Work shaD not relieve the Contractor or the Contractor's SUrety from any liability
- that has arisen, or may arise, from the performance -of the Work'in 'accordance.withthe'ConlraCt
Documents. The Owner wiD be responsible for any damage that occurs because of the Owner's use
or occupancy. Such use or occupancy of any part of the Work by the OWner doeS not waive the
Owner's right to-charge-the Contractor fequidated damages in accordance with the'terms of the
Contract.
GC3.14
GC 3.14.01
Claims, Negotiations. Mediation
Continuance of the Work
.01 Unless the Contract has - been terminated or completed, the Contractor shall in every case. after
serving or receiving any notification of a claim or dispute;'verbal or written, continue to proceed with
the Work with due diligence and - expedition. -It 'is understood by 'the parties that such .acIion will not '
jeopardize any claim it may have. .
GC 3.14.02
Record Keeping
.01 Immediately upon commencing work which may result in a claim, the Contractor shall keep Daily
Work Records during the course of the Work, sufficient to substantiate the Contractor's claim, and the
Contract Administrator will keep Daily Wcir1fRecordsto'be used in-assessing"1he Contractor's claim,
all in accordance with clause GC 8.02.07. Records.
.02 The Contractor and the Contract Administrator shall reconcile their respective Daily Work Records on
a daily basis, to simplify review of the claim, when submitted.
.03 The keeping of Daily Work Records by the Contract Administrator or the reconciling of such Daily
Work Records with those of the Contractor shall not be construed to be acceptance of the claim.
GC 3.14.03
Claims Procedure
.01 The Contractor shall give verbal notice of any situation which may lead to a claim for additional
payment Immediately upon becoming aware of the situation.
.02 The Contractor shall provide written notice in the standard form "Notice of Intent to Claim" within 7
Days of the commencement of any part of the Work which may be affected by the situation.
OPS 0eneIII Cond_ afConl/8Ct.s..,.r..,_lllll8
Pege13
.03 The Contractor shall submit detailed claims as soon as reasonably possible and in any event no later
than 30 Days after completion of the work affected by the situation. The detailed claim shall:
a) identify the item or items in respect of which the claim arises;
b) state the grounds, contractual or otherwise. upon which the claim is made; and
c) include the Records maintained by the Contractor supporting such claim.
In exceptional cases the 30 Days may be increased to a maximum of 90 Days with approval in writing
from the Contract Administrator.
.04 Within 30 Days of the receipt of the Contractor's detailed claim. the Contract Administrator may
request the Contractor to submit any further and other particulars as the Contract Administrator
considers necessary to assess the claim. The Contractor shall submit the requested information
within 30 Days of receipt of such request
.05 Within 90 Days of receipt of the detailed claim, the Contract Administrator shall advise the Contractor,
in writing, of the Contract Administrator's opinion with regard to the validity of the claim.
iI\:I-' .
GC3.14.04 Negotiations
.~"...
.01 "The parties shall make all reasonable efforts to resolve their dispute by amicable negotiations and
agree to provide, without prejudice, open and timely disclosure of relevant facts, information. and
.documents to faClTItate these negotiations.
.02 Should the Contractor disagree with the opinion given in paragraph GC 3.14.03.05, with respect to
. any part of the claim, the Contract Administrator shall enter into negotiations with the Contractor to
resolve the matters in dispute. Where a negotiated settlement cannot be reached and it is agreed
that payment cannot be made on a Time and Material basis in accordance with clause GC 8.02.04,
Payment .on a Time and Material Basis, the parties shall proceed in accordance with clause GC
3.14.05, Mediation, or subsection GC 3.15, Engineering Arbitration.
GC 3.14.05
Mediation
.01 If a claim is not resolved satisfactorily through the negotiation stage noted in clause GC 3.14.04,
Negotiations, within a period of 30 Days following the opinion given in paragraph GC 3.14.03.05, and
the Contractor wishes to pursue the issue further. the parties may, upon mutual agreement, utilize the
services of an independent third party mediator.
.02 The mediator shall be mutually agreed upon by the Owner and Contractor.
.03 The mediator shall be knowledgeable regarding the area of the disputed issue. The mediator shall
roee.t 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
Poge 14
OPS 0...... CondIUona d Conncl. 8eplornber 1Wl1
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GC 3.14.07
Rights of Both Parties
.01 It is agreed that no action taken under this subsection GC 3.14, Claims, Negotiations, Mediation, by
either party shall be construed as a renunciation or waiver of any of the rights or recourse available to
the parties, provided that the requirements set out in this subsection are fulfilled.
GC 3.15
GC 3.15.01
Engineering Arbitration
Conditions for Engineering Arbitration
.01 If a claim is not resolved satisfactorily through the negotiation stage noted in clause GC 3.14.04,
Negotiations, or the mediation stage noted in clause GC 3.14.05, Mediation. either party may invoke
the provisions 'of subsection GC 3;15, Engineering Arbitration, by giving written notice to the other
party.
.02 Notification that arbitration shall be implemented to resolve theissue-shall be 'communicated in writing
as soon as possible and no Iaterthan"60"Days-following-1he-'Opinion"given in paragraph GC
3.14.03;05. Where the use of a third partr mediator wasimplemented;notificationshall be within 120
Days of the opinion given in paragraph GC 3.14.03.05.
.03 The parties shall be bound by the decision of the arbitrator.
.04 The rules and procedures of the Arbitration Act, 1991. 5.0. 1991, c.17, as amended. shall apply to
,any arbitration conducted, hereunder except to the extent that they are modified by the express
provisions of this subsection GC 3.15, Engineering Arbitration.
GC 3.15.02
Arbitration Procedure
.01 The following provisions are to be included in the agreement to arbitrate and are subject only to such
right ofappeal'as exist where the arbitrator has exceeded 'his or her jurisdiction or have otherwise
disqualified him or herself:
a) All existing actions InTespect of the matters under arbitrationwill'be'stayed pending arbitration;
b) All outstanding claims and matters to be seWed are to be set out In a schedule to the agreement
Only such claims and matters as are in the schedule wlll be arbitrated; and
c) Before proceeding with the arbitration, the Contractor shall confinn 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 upoo'by'the Owner and Contractor:taadjudicate the dispute.
.02 Where the Owner and Contractor cannot agree on a sole arbitrator within 30 Days of the notification
of arbitration noted in paragraph GC 3.15.01.02, the Owner and the Contractor shall each choose an
appointee within 37 Days of the notice of arbitration. '
.03 The appointees shall mutually agree upon an arbitrator to adjudicate the dispute within 15 Days after
the last appointee was chosen or they shall refer the matter to the Arbitration and Mediation Institute
of Ontario I nc. which will select an arbitrator to adjudicate the dispute within 7 Days of being
requested to do so.
.04 The arbitrator shall not be interested financially in the Contract nor In either party's business and shall
not be employed by either party.
,05 The arbitrator may appoint independent experts and any other persons to assist him or her.
OPS Genel8I ConcIlllclM fA Conlr8d. 6eplomber 1-
Pill" 16
.06 The arbitrator is not bound by the rules of evidence which govern the trial of cases in court but may
hear and consider any evidence which the arbitrator considers relevant
.07 The hearing will commence within 90 Days of the appointment of the arbitrator.
GC 3.15.04
Costs
.01 The arbitrator's fee. shall be equally shared by the Owner and the Contractor.
.02 The fees of any independent experts and any other persons appointed to assist the arbitrator shall be
shared equally by the Owner and the Contractor.
.03 The arbitration hearing shall be held in a place mutually agreed upon by both parties or in the event
the parties do not agree, a site shall be chosen by the arbitrator. The cost of obtaining appropriate
facilities shall be shared equally by the Owner and the Contractor.
~-;,.~ -, ".q-"..
.04 -The arbitrator may, in his or her discretion. award reasonable costs, related to the arbitration.
GC 335.05
The Decision
.01 The reasoned decision will be made in writing within 90 Days of the conclusion of the hearing. An
extension of time to make a decision may be granted with consent of both parties. Payment shall be
made in accordance- with clause GC 3.14.06, Payment
GC 3.16
Archaeological Finds
.01 If the Contractor's operations expose any items which may indicate an archaeological find, such as
building remains, hardware, accumulations of bones, pottery, or arrowheads, the Contractor shall
immediately notify the Contract Administrator and suspend operations within the area identified by the
Contract Administrator. Notification may be verbal provided that such notice is confirmed in writing
within 2 Days. Work shall remain suspended within that area until otherwise directed by the Contract
Administrator in writing, in accordance with subsection GC 7.09, Suspension of Work.
.02 Any delay in the completion of the Contract that is caused by such a suspension of Work will be
considered to be beyond the Contractor's control in accordance with paragraph GC 3.08.01.
- .03 Any work directed or authorized in connection with an archaeological find will be considered as Extra
., V"{ork in accordance with clause GC 3.11.02, Extra Work.
~
,;~~--.
.., ...:;._~
P_'8
ops a.....1 Condlllono _of Conlrod. September '899
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SECTION GC 4.0. OWNER'S RESPONSIBIUTlES AND RIGHTS
GC 4.01
Wortdng 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 tI1e 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
Approvats and Pennlts
.01 The Owner will pay for all plumbing and building permits.
.02 The Owner will obtain and pay for all permits, rlcenses.and .certificates:soJeIy:Iequired.for Project
approval. . '
GC 4.03
, Management and Disposition of Materials
.01 ' . The Owner will identify in the Contract Oocuments the materials to be moved within or removed from,
the Working Area, and any characteristics' of those materials, which will necessitate special materials
management and disposition.
" "';02 ' In accordance with1"e!iulations under the OCcupational Healthand'Safety Act; R:S.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 occuning naturally or as a result of vehicle emissions; ,
b) the designated substance asbestos is present in asbestos conduits for utilities;
c)"the 'following' hazardous' materials are -ordinarily present in construction: activities:' limestone,
gypsum, marble, mica and Portland cement; and
d) exposure .'to these substances may' occur as'a result ofactivilies by the Contractor such as
sweeping, grinding, crushing, drillin9, blasting,. cutting and abrasiveblasling.
.03 The Owner will identify in the Contract Documents any designated substances or hazardous
materials other than those identified above and their location in the Working Area.
.04 If the Owner or Contractor discovers or' is advised ,.of ,the' presence,.of ,designated substances or
hazardous materials which are in addition to those listed in paragraph GC 4.03.02, or not clearly
identified in the Contract'Oocumentsaccording..to.paragraph.'GC'4,03:03,'.1hen:verbal notice will be
provided to the other party immediately withwritlen confirmation within 2 Days. The Contractor will
stop work in the area 'immediately and will determine the necessary steps required to complete the
work in accordance with applicable legislation and regulation.
.05 The Owner will be responsible for any reasonable' additional costs of removing, managing and
disposing of any material' not identified in the Contract Documents, or where conditions exist that
could not have been reasonably foreseen at the time of tendering. All work under this paragraph
shall be deemed to be Extra Work.
.06 Prior to commencement of the Work, the Owner will provide to the Contractor a list of those products
controlled under the Workplace Hazardous Materials Information System Of 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 fist and provide relevant
Material Safety Data Sheets.
OPs o.neral Cond_ 01 Conlract .lleplember lWl1
"-17
GC 4.04
Construction Affecting Railway Property
.01 The Owner will pay the costs of all flagging and other traffic control measures required and provided
by the railway company unless such costs are solely a function of the Contractor's chosen method of
completing the Work.
GC 4.05
Default by the Contractor
.01 The Contractor shall be in default of the Contract if,
a) the Contractor fails to commence the WorlI or execute the WorlI properly or otherwise fails to
comply with the requirements of the Contract to a substantial degree; or
b) if the Contractor is adjudged bankrupt or makes a general assignment for the benefit of creditors
because of insolvency or if a receiver is appointed because of insolvency. "
GC.4,96 Notification of Default
~,"-:'t--
..-0";-'
.01,"J.he Owner will give written notice of a default to the Contractor as soon as the Owner becomes
aWare of the alleged default but failure to give such notice in a timely way shall not constitute
condonation of the default. The notice will include instructions to correct the default within 5 Working
Days.
GC 4.07
Contractor's Right to Correct a Default
.01 The Contractor shall have the right within the 5 full Working Days following the receipt of a notic;e 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 defaull cannot be completed within the 5 full Working Days following receipt of
the notice, the Contractor shall not be in defaull if the Contractor,
a) commences the correction of the defaulI within the 5 fun Working Days following receipt of the
notice;
b) provides the Owner with an acceptable schedule for the progress of such correction; and
c) completes the correction in accordance with such schedule.
GC 4.08
Owner's Right to Correct Default
.01 If the Contractor fails to correct the default within the time specified in subsection GC 4.07,
,c:ii;lJntractor'S Right to Correct a Default, or subsequently agreed upon, the Owner, without prejudice to
. B.ny other right or remedy the Owner may have, may correct such defaull and deduct the cost thereof,
as certified by the Contract Administrator, from any payment then or thereafter due to the Contractor.
GC 4.09
Tennination of Contractor's Right to Continue the Work
.01 Where the Contractor fails to correct a defaull 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 tenninate the Contractor's right to continue the
Work in whole or in part by giving written notice to the Contractor.
.02 If the Owner tenninates the Contractor's right to continue with the WorlI 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
WorlI tennlnated;
b) utilize the Equipment of the Contraclor and Bny Material within the Working Area which is Intended
to be Incorporated Into the WorlI, the whole subject to the right of third parties;
c) withhold further payments to the Contractor with respect to the WorlI or the portion of the WorlI
withdrawn from the Contractor until the WorlI or portion thereof withdrawn Is completed;
"'18
OPS 0.__1 ConcIIlIonI <if Conncl. Seplember llKl9
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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.wholeor in part. is less than the amount
withheld from the Contractor tinder subseclion.GC4.09,'Tennination",of:.~ntractor's Right to
Continue the Work,'the Owner will pay the'balance to1he'Contractoras sOOn:_ the final accounting
for the Contract is complete.
GC 4.11
Tennination of the Contract
.01 Where the Contractor is in default of the Contract the Owner may, without prejudice to. any other right
or remedy the Owner may have, terminate the Contract by giving written notice of termination to the
Contractor, the Surety and 'any 1ruStee'orreceiver acting on behalf of.the Contractor's estate or
creditors.
.02 If the Owner elects to terminate the Contract the Owner will provide the Contractor and the trustee or
receiver with a complete accounting to the date of termination.
GC4.12
Continuation of Contractor's Obligations
.01 The Contractor's obligation under the Contract as to quality; conection and warranty of the Work
performed prior to the time of tennination of the Contract or tennination of the Contractor's right. to
continue with the Work in whole or in part shall continue to be in force after such tennination.
GC 4.13
Use ofPerfonnance Bond
.01 If the Contractor is in default of the Contract and the Contractor has provided a Performance Bond,
the provisions of this Section shall be exercised. in accordance with the conditions of the Pe.rformance
Bond. ....
OPS Ge.....1 Cond_ d ContrlICl- s.p....lb6r 11188
"- 18
SECTION GC 5.0 . MATERIAL
GC 5.01
Supply of Material
.01 All Material necessary for the proper completion of the Work, except that listed as being supplied by
the Owner, shall be supplied by the Contractor. The Contract price for the appropriate tender items
shall be deemed to include full compensation for the supply of such Material.
,
GC 5.02
Quality of Material
.01 All Material supplied by the Contractor shall be new or unless otherwise specified in the Contract
Documents. .
.02 Material supplied by the Contractor shall conform to the requirements of the Contract.
.03 ~ specified or as requested by the Contract Administrator, the Contractor shall make available for
,;!2Spection or testing a sample of any Material to be supplied by the Contractor.
..-...,....
.04 ;'The Contractor shall obtain for the Contract Administrator the right to enter upon the premises of the
Material manufacturer or supplier to cany 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 notioe to the Contract Administrator to enable the Contract
Administrator to cany out the required inspection, sampling and testing before the scheduled shipping
date.
.07 The Contractor shall not change the source of supply of any Material without the written authorization
of the Contract Administrator.
.08 Material which is not specified shall be of a quality best suited to the purpose required and the use of
such Material shall be subject to the approval of the Contract Administrator.
GC 5-9~ Rejected Material
.01 R~jected Material shall be removed from the Working Area expeditiously after the notification to that
effect from the Contract Administrator. Where the Contractor fails to comply with such notice the
Contract Administrator may cause the rejected Material to be removed from the Working Area and
disposed of in what the Contract Administrator considers to be the most appropriate manner and the
Contractor shall pay the costs of disposal and the appropriate overhead charges.
GC 5.04
Substitutions
.01 Where the specifications require the Contractor to supply a Material designated by a trade or other
name, the Tender shall be based only upon supply of the Material so designated, which shall be
regarded as the standard of quality required by the specification. Mer the aoceptance 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.
P_20
ops _..I CondIUono of eo_CI - 6eptember 1 m
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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 fonn of
. "Certification of Equality"' and if any adjustment to the Contract price'is made by reason of such
substitution a Change Order shall be issued as well.
GC 5.05
GC 5.05.01
OWner Supplied Material
Ordering of Excess Material
.01 Where Material is supplied by the Owner and where this Material;is.ordered:tly the Contractor in
excess of the amount specified to complete. the Work;;:such:c excess-.Material shall become the
property of the Contractor on completion of the Work and shall be charged to the Contractor at cost
plus applicable overheads.
GC 5.05.02
Care of Material
.01 .The.Contractor shall, in advance of receipt of shipments of Material supplied by the Owner, provide
. adequate and proper storage facilities acceptable to the Contract Administrator, and on the receipt of
such Material shall promptly place it in storage except where it is to be incorporated forthwith into the
Work.
.02 The Contractor shall be responsible for acceptance of Material supplied by the Owner, at the
specified delivery point and for its safe handling and storage. If such Material is damaged while
under. the control of the Contractor it shall be replaced or repaired by the Contractor at no 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 detennined by the Contract
Administrator.
.03 Where Material supplied by the Owner anives at the delivery point in a damaged condition or where
there are discrepancies between the quantities receivedand,-the .:quantitiesshown on the bills of
lading, the Contractor shall immediately report such damage or discrepancies to the Contract
Administrator who shall anange for an' immediate inspection. of .the'.:shipment and provide the
Contractor with a written release from responsibility for such damage oHleficiencies. Where damage
or deficiencies are not so reported it will be assumed that the shipment arrived in good order and any
damage or deficiencies reported thereafter shall be made good by the Contractor at no extra cost to
the Owner.
.04 The full amount of Material supplied by the Owner in each shipment shall be accounted for by the
Contractor and such Material shall be at the risk of the Contractor after taking delivery. Such Material
shall not, except with the written pennission of the Contract Administrator, be used by the Contractor
for purposes other than the perfonnance 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 Ge....., Cond_ '" Conlrad. s...,M.-' 1889
P_21
.06 The Contractor shall provide the Contract Administrator, immediately upon receipt 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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P_22
OPS O'....I<:oncllUonllJl ConncI. 6epIember 1899
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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 properly
the Contractor shall restore such damage, and such work shall be administered according to these
General Conditions.
.03 The Contractor shall immediately infomi .the~Contract Administratorofall"damage and injuries which
occur during the term of the Contract.
.04 The Contractor shan not be responsible for loss and damage'that occurs as a result of,
a) war;
b) b10ckades and civil commotions;
c) errors in the Contract Documents; or
d) acts or omissions of the OWner, the Contract Administrator, their agents and emp~,orothers
not under the control of the Contractor, but within the Working Area with the OWner's permission.
.05 The Contractor and his Surety or Sureties shall not be released from any term or provision of any
responsibility, obligation or liability under the Contract or waive or impair any of the rights of the
OWner except by a release duly executed by the OWner.
GC 6.02
Indemnification
.01 The Contractor shall indemnify and hold harmless the Owner and theContracl 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
ind irectly arising or alleged to arise out of the performance of or the failure to perform the Work,
provided such claims are,
a) attributable to bodily injury, sickness, disease, or death or to damage to or destruction of tangible
property;
b) caused by negligent acts or omissions of the.Contractor or anyone.for;whose acts the Contractor
may be liable: and
c) made in writing within a period of 6 years from the date of Substantial'Performance of the Work as
set out in the Certificate of Substantial Performance of the Work or. where so specified in the
Contract from the date of certification of Final Acceptance.
.02 The Contractor shall indemnify and hold harmless the OWner from all and every claim for damages,
royalties or fees for the infringement of any patented invention or copyright occasioned by the
Contractor in connection with the Work performed or Material fumished by the Contractor under the
Contract.
.03 The OWner expressly waives the right to indemnity for claims other than those stated above in
paragraphs GC 6.02.01 and GC 6.02.02.
.04 The OWner shall Indemnify and hold harmless the Contractor, his agents. officers and employees
from and against all claims, demands, losses, expenses, costs, damages, actions, suits, or
proceedings arising out of the Contractor's performance of the Contract which are attributable to a
lack of or defect in tiUe or an alleged lack of or defect in title to the Working Area.
OPS Genera' Concllllont of ConncI- SepWmber 1m
P.23
.05 The Contractor expressly waives the right to indemnity for claims other than those stated above in
paragraph GC 6.02.04.
GC 6.03
GC 6.03.01
Contractor's Insurance
General
.01 Wrthout 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 G.eneralliability insurance shall be in the name of the Contractor, with the Owner and the Contract
,~\!ministrator named as additional insureds, with limits of not less than 5 million.dollars inclusive per
>Q,<;CUrrence for bodily injury, death, and damage to property including loss of.use thereof, with a
'PJ;!lperty damage deductible of not more than $5000. The fonn of this insurance shall be the
J.gsurance Bureau of Canada Fonn IBC 2100, dated 8-87. .
.02 + Another fonn of insurance equal to or better than that required in IBC Fonn 2100 may be used,
provided all the requirements listed in the Contract are included. Approval of this insurance will be
conditional upon the Contractor obtaining the services of an insurer licensed to underwrite insurance
in the Province of Ontario and obtaining the insurer's certificate of equivalency to the required
insurance.
.03 The insurance shall be maintained continuously from the commencement of the Work until 12 months
following the date of Substantial Perfonnance of the WorK, as set out in the Certificate of Substantial
Perfonnance 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 S\lOuld the Contractor decide not to employ Subcontractors for operations requiring the use of
e;g,losives for blasting, or pile driving or caisson work, or removal or weakening of support of property
b~lding or land, lBC Fonn 2100 as required shall include the appropriate endorsements.
~.....
.06 The' policies shall be endorsed to provide the OWner with not less than 30 Days' written notice in
advance of cancellation, change or amendment restricting coverage.
.07 "Claims Made" insurance policies will f10t be pennitted.
GC 6.03.03
. Automobile Uabllity Insurance
.01 Automobile liability insurance in respect of licensed vehicles shall have limits of not less than 5 million
dollars inclusive per occurrence for bodily injury, death and damage to property, in the fOllowing fonns
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 nOlH>Wlled automobile policy including standard contractual liability endorsement, and
b) standard owner's fonn automobile policy providing third party liability and aocident benefits
Insurance and covering licensed vehicles owned or operated by the Contractor.
"- 2.
OPS 0en0faI Concl_ 01 ConncI- Septembef , ll99
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GC 6.03.Cl4
Aircraft and Watercraft Liability Insurance
.01 Aircraft and watercraft fiabDily insurance with respect to owned or nolHlWl1ed aircraft and watercraft if
used directly or indirectly in the performance of the Work, including use of additional premises, shall
be subject to limits of not less than 5 million dollars inclusive per occurrence for bodily injury, death,
and damage to property including loss of use thereof, and limits of not less than 5 million dollars for
aircraft passenger hazard. . Such insurance shall be in a form acceptable to the Owner. The policies
shall be endorsed to provide the Owner with not less than 30 Days' written notice in' advance of
cancellation, change or amendment restricting coverage.
GC 6.03.05
GC 6.03.05.01
Property and Boller Insurance
Property Insurance
. .01' All risks property insurance shall be in the name of the Contractor+,willl.the.Owner.and the Contract
Administrator named . as additional insureds, insuring 'notJesscthan..the:sum.Dfthe .amount of the
Contract price and the full value, as may..bestated.in .the..supplementaLGeneraLConditions, of
. Material that is specified to be providedby;the'Owner;jor..:.incorporation:intothe.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 uOOI.10 Days.afterthe date of
Fmal Acceptance of the Work, as set out in the Filial Acceptance CerIilicate. .
GC 6.03.05.02
Boller Insurance
. . '.01 " Boiler insurance insuring' the interests of the Contractor, the Owner and the Contract Administrator for
not less than the replacement value of boilers and pressure vessels. forming part of the Work, shall be
in a form acceptable to the Owner. This insurance . shall be maintained continuously from
commencement of use or operation of the property insured until 10 Days after the date of Final
Acceptance of the Work, as set out in the Final Acceptance Certificate.
GC 6.03.05.03'
Use and Occupancy of the Work 'Prior to Completion
.01 Should the Owner wish to use or occupy part or all of the Work prior to Substantial Performance, the
Owner will give 30 Days' written notice to the' Contractor of the intended purpose and extent of such
use or occupancy. Prior to such use or occupancy the Contractor shall notify the Owner In writing of
the additional premium cost, if any, to maintain property and boiler insurance, which shall be at the
Owner's expense. If because of such use or occupancy the Contractor is unable to provide
coverage, the Owner upon written notice from the.Contractor'and prior.lD:sucb.use or occupancy
shall provide, maintain and pay for property and boiler insurance insuring thll. full value of the Work,
including coverage for such use or occupancy, and shall.provide the <:ontractor with proof of such
insurance. The Contractor shall refund to the Owner the uneamedpremlurns applicable to the
Contractor's policies upon termination of coverage.
.02 The policies shall provide that, in the event of a loss or damage, payment shall be made to the Owner
and the Contractor as their respective interests may appear. The Contractor shall act on behalf of
both the Owner and the Contractor for the purpose of adjusting the amount of such loss or damage
payment with the insurers. When the extent of the loss or damage is determined the Contractor shall
proceed to restore the Work. Loss or damage shall not affect the rights and obligations of either party
under the Contract except that the Contractor shall be entitled to such reasonable extension of
Contract Time relative to the extent of the loss or damage as the Contract Administrator may decide
in consultation with the Contractor.
OPS Genera. Cond-.. 01 ~ - StopliO.,lb.r 18llll
P_26
GC 6.03.05.04
Payment for Loss or Damage
.01 The Contractor shall be entitled to receive from the Owner, in addition to the amount due under the .
Contract, the amount at which the Owner's interest in restoration of the Work has been appraised,
such amount to be paid as the restoration of the Work proceeds and in accordance with the
requirements of Section GC 8.0, Measurement and Payment In addition the Contractor shall be
entitled to receive from the payments made by the insurers the amount of the Contractor's interest in
the restoration of the Work.
.02 The Contractor shall be responsible for deductible amounts under the policies except where such
amounts may be excluded from the Contractor's responsibility by the terms of this Contract
.03 In the event of a loss or damage to the Work arising from the action or omission of the Owner or
others, the Owner shall pay the Contractor the cost of restoring the Work as the restoration of the
Work proceeds and in accordance with the requirements of Section GC 8.0, Measurement and
Payment
GC 6.03.06
Contractor's Equipment Insurance
.01 All risks Contractor's equipment insurance covering construction machinery and equipment used by
the Contractor for the performance of the Work, including boiler insurance on temporary boilers and
pressure vessels, shall be in a form acceptable to the Owner and shall not aUow subrogation claims
by the insurer against the Owner. The policies shall be endorsed to provide the Owner with not less
than 30 Days' written notice in advance of cancellation, change or amendment restricting coverage
Subject to satisfactory proof of financial capability by the Contractor for self-insurance of the
Contractor's Equipment, the Owner agrees to waive the equipment insurance requirement, and for
the purpose of this Contract, the Contractor shall be deemed to be insured. Thi5 policy shan be
amended to provide permission for the Contractor to granlprior releases with respect to damage to
the Contractor's Equipment
GC 6.03.07
Insurance Requirements and Duration
.01 Unless specified otherwise the duration of each insurance policy shall be from the date of
commencement of the Work until 10 Days after the date of Final Acceptance of the Work, as set out
in the Fmal 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 ollicer of the Contractor and either the underwriter
or the broker.
.03 The Contractor shan, on request, promptly provide the Owner with a certified true copy of each
insurance policy exclusive of information pertaining to premium or premium bases used by the insurer
to determine the cost of the insurance. The certified true copy shall include a signature by an officer
of the Contraclor and in addition, a signature by an officer of the insurer or the underwriter or the
broker.
.04 Where a policy is renewed the Contractor shall provide the Owner, on a form acceptable to the
Owner, renewed proof of insurance immediately following completion of renewal.
.05 Unless specified otherwise the Contractor shall be responsible for the payment of deductible amounts
under the policies.
.06 If the Contractor fails to provide or mainlain 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.
Pege 26
OPS Genera. Cond_ 01 ConlnICl. Seplember18llll
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.07 If the Contractor fails to pay the cost of the insurance placed by the Owner within 30 Oays 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.Cl4
Bonding
.01 The Contractor shall provide the Owner with the surety bonds in the amount required by the lender
documents.
~02' Such bonds shall be issued bya duly licensed surety company authorized to transact a business of
suretyship in the Province of Ontario and shall be maintained in good standing until the fulfilment of
the Contract .
OPS General Cond_ 01 ~. September 18llll
Page 27
SECTION GC 7.0 - CONTRACTOR'S RESPONSIBIUTIES AND CONTROL OF THE WORK
GC 7.01
General
.01 The Contractor warrants that the s~e of the Work has been visited during the preparation of the
Tender and the character of the Work and all local conditions which may affect the performance of
the Work are known.
.'4'<;
.02 The Contractor shall not commence the Work nor deliver anything to the Working Area until the
. . Contractor has received a written order to commence the Work, signed by the Contract Administrator.
.03 The Contractor shall have complete control of the Work and shall effectively direct and supervise the
Work so as to ensure conformity with the Contract Documents. The Contractor shall be responsible
for construction means, methods, techniques, sequences and procedures and for COOrdinating the
various parts of the Work.
'~k.-
.04 The Contractor shall have the sole responsibility for the design, erection, operation,' maintenance and
, .I'~oval of temporary structures and other temporary facilities and the design and execution of
.,C!?nstruclion methods required in their use.
.0S"Notwithstanding paragraph GC 7.01.04, where the Contract Documents include designs for
temporary structures and other temporary facilities or specify a method of COnstruction in whole or
part, such facilities and methods shall be considered to be part of the design of the Work, and the
Contractor shall not. be held responsible for that part of the design or the specified method of
construction. The Contractor shall, however, be responsible for the execution of such design or
specified method of construction in the same manner that the Contractor is responsible for the
execution of the Work.
.06 The Contractor shall execute the terms of the Contract in strict compliance with the requirements of
the Occupational Health and Safety Act, R.S.O. 1990, c.O.1 (the "Act") and Ontario Regulalion
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 safely 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;
cya copy of the most current version of the Act and the Regulations are available at the Contractor's
office within the Working Area, or, in the absence of an office, in the posseSSion of the supervisor
. "responsible for the performance of the Work;
,d):WOrkers employed to carry out the Work possess the knowledge, skills and protective devices
required by law or recommended for use by a recognized industry association to allow them to
work in safely;
e) its supervisory employees carry out their duties in a diligent and responsible manner with due
consideration for the health and safety of the workers; and
f) all Subcontractors and their employees are properly protecled from injury while they are at the
work place.
.07 The Contractor when requested shall provide the Owner with a copy of its health and safety policy
and program at the pre-start meeting, and shall respond promptly to requests from the Owner for
confirmation that its methods and procedures for carrying out the Work comply with the Act and
Regulations. The Contractor shall cooperate with representatives of the Owner and inspectors
appointed to enforce the Act and the Regulations in any investigations of worker health and safety in
the performance of the Work. The Contractor shall indemnify and save the Owner harmless from any
additional expense which the Owner may incur to have the Work perfOrmed as a result of the
Contractor's failure to comply with the requirements of tha Act and the Regulations.
P_28
OPS Ge....1 CondltIont 01 ConlracI. Sepl8mber 18llll
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.08 Prior to commencement of the Work the Contractor shall provide to the Contract Administrator a list of
those products controlled under the Workplace Hazardous Materials Information System or WHMIS,
which the Contractor expects to use on the Contract Related Materials Safety Data Sheets shall
accompany the submission. All containers used in the application of products controlled under
WHMIS shall be labelled. The Contractor shall notify the Contractor Administrator of changes in
writing and provide relevant Material Safety Data Sheets.
.09 The Contractor shall have an authorized representative on the site while any work is being performed,
to act for or on' the Contractor's behalf. Prior to commencement of construction, the Contractor shall
. notify the Contract Administrator of the names;. addresses.. positions and telephone numbers cit the
Contractor's representatives who can be contacted at any time to deal with matters relating to the
Contract.
. .10 The Contractor'shall;-at no' additional cost to the Owner, furnish all reasonable aid; facilities and
assistance required by the Contract Adminlstrator'forthe:proper inspection .and examination of the
. Work or the taking of measurements for the pUIpOSll.()f payment - .
.11 The Contractor shall prepare, and update as required, acollSb1lctionschedulelndicating 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 submilledto 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 1he activity
affected until receiving direction from the Contract Administrator.
.13 The Contractor shall arrange with the appropriate utility authorities lOr the stake out of all
underground utilities and service connections which may be affected by the Work. The Contractor
shall be responsible for any damage done to the underground utilities by the Contractor's forces
during construction If the stake out locations are within .the tolerances given in' paragraph GC
2.01.01a).
GC 7.02
Layout
.01 Prior to commencement of construction; the Contract Administrator and the Contractor will locate on
site those property bars, baselines and benchmarks which are necessary to delineate the Working
Area and to lay out the Work, all as shown on the Contract Drawings.
.02 The Contractor shall be responsible for the ,preservation of all. property barS-while the Work is in
progress, except those property bars which . must be removed. to .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 No no extra cost to the Owner,the Contractor shall provide the Contract Administrator with such
materials and devices as may be necessary to layout the baseline and benchmarks, and as may be
necessary for the inspection of the Work.
.04 The Contractor shall provide qualified personnel to layout and establish all lines and grades
necessary for construction. The Contractor shall notify the Contract Administrator of any layout work
carried out, so that the same may be checked by the Contract Administrator.
.05 The Contractor shall install and maintain substantial alignment markers and secondary benchmarks
as may be required for the proper execution of the Work. The Contractor shall supply one copy of all
alignment and grade sheets to the Contract Administrator.
OPS General Cond-.a 01 Conlrad . s.,....,.tM 18llll
P_2lI
.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 checl\ed 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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GC'7.03
Damage by Vehicles or Other Equipment
.01 If at any time, in the opinion of the Contract Administrator, damage is being done or Is likely to be.
. done 10 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
dlrection of the Contract Administrator, and at no extra cost to the Owner, make changes or
'o&:ilbstitutions for such vehicles or equipment, and shall alter loadings, or in some other manner
'~move the cause of such damage to the satisfaction of the Contract Administrator. '
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GC 7.Cl4
Excess Loading of Motor Vehicles
.01 "Where a vehicle is hauling Material for use on the Work, in whole or in part upon a Highway, and
where motor vehicle registration is required for such vehicle, the Contractor shall not cause or permit
such vehicle to be loaded beyond the legal limit specified in the Highway Traffic Act, R.S.O. 1990,
"c.H.8, as amended, whether such vehicle Is registered in the name of the Contractor or otherwise,
except where there are designated areas within the Working Area where overloading is permitted.
The Contractor shall bear the onus of weighing disputed loads.
GC 7.05
Condition of the Working Area
.01 The Contractor shall maintain the Working Area in a tidy condition and free from the accumulation of
debris, other than that caused by the Owner or others.
GC 7.06
Maintaining Roadways and Detours
.01 Where an existing Roadway is affected by construction, It shall be kept open to traffic, and the
Contractor shall, except as otherwise provided in this subsection, be responsible for providing and
maintaining for the duration of the Work, a road through the Working Area, whether along an existing
Highway, including the road under construction, or on detours within or adjacent to the Highway, in
accordance with the MUTCD.
.02#l~- Contractor shall not be required to maintain a road through the Working Area until such time as
the Contractor has commenced operations or during seasonal shut down or on any part of the
Contract that has been accepted in accordance with these General Conditions. The Contractor shall
not be required to apply deicing chemicals or abrasives or carry out snowplowing.
.03 Where localized and separated sections of the Highway only are affected by the Contractor's
operations, the Contractor will not be required to maintain intervening sections of the Highway until
such times as these sections are located within the limits of the Highway affected by the Contractor's
general operations under the Contract.
.04 Where the Contract Documents provide for or the Contract Administrator requires detours at specific
locations, payment for the construction of the detours, and if required, for the subsequent removal of
the detours, will be made at the Contract prices appropriate to such work.
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OPS Genera' ~ 01 ContnoCl- Sepl8mber 1899
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.05 The Contractor shall maintain, in a satisfactory condition for traffic, a road through the Working Area,
at the Owner's expense. The road through the Working Area will include any detour constructed in
accordance with the COntract Documents or required by the Contract Administrator. Compensation
for all labour. equipment and materials to do this work shall be at the Contract prices appropriate to
the work and; where there are no such prices, at negotiated prices. Notwithstanding the foregoing,
the cost of blading required to maintain the surface of such roads and detours shall be deemed to be
included in the prices bid for the various tender items and no additional payment will be made.
',06' 'Where work under the .Contract is discontinued for any extended period including seasonal. shutdown,
.the Contractor shall, when directed by the Contract Administrator, open and place the' Roadway and
detours in a passable, safe and satisfactory condition for public travel.
.07 Where the Contractor constructs a detour which Is not specifically provided for. in the Contract
Documents; or required by the' Contract Administrator, the construction of the detour and, if required,
the subsequent. removal. shall be performed at the, Contractor's expense. . . ,The detour shall be
constructed and maintained to struclural "and'geOmetric. standardS~!lPP~ by .the Contract
. Administrator. Removal and site restoration 'shaILbe..performed.~as.dir:ected by the Contract
Administrator.
:08 . Where. with' the prior written approllal 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 obl'lQationsunder
subseClionGC'6.01;'Protection 'of Work, Persons' and"Property, dealing with the Contractor's
responsibility for damage claims, except for claims arising on sections of Highway within the Working
Area that are being maintained by others.
GC 7.07
Access to Properties Adjoining the Work and Interruption of Utility
Services
.01 The Contractor shall provide at all times, and at no extra cost to the Owner,
a) adequate pedestrian and vehicular access; and
b) continuity of Utility services
to properties adjoining the Working Area.
.02 The Contractor shall provide at all times and at no extra cost to the Owner access to fire hydrants,
and water and gas valves located in the Working Area.
.03 Where any interruptions in the supply of Utility services are . required. and . are authorized by the
Contract Administrator, the Contractor shall give the affected property owners notice in accordance
with subsection GC 7.11, Notices by the Contractor, and shall arrange such interruptions so as to
create a minimum of interference to those affected.
GC 7.08
Approvals and Pennlts
.01 Except as specjfied in subsection GC 4.02, Approval and Permits, the Contractor shall obtain and pay
for any permits, licenses,. and certificates which at the date of tender closing, are required for the
performance of the Work.
.02 The Contractor shall arrange for all necessary inspections required by the approvals and permits
specified in paragraph GC 7.08.01.
OPS General Condlllono 01 ContracI. s.,.e..,ber 18llll
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GC 7.09
Suspension of Work
.01 The Contractor shall, upon written notice from the Contract Administrator, discontinue or delay any or
all of the Work and work shall not be resumed until the Contract Administrator so directs in writing.
Delays, in ~ese 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 receiver or
trustee in bankruptcy written notice, terminate the Contract.
.02' If the Work is stopped or otherwise delayed for a period of 30 Days or more under an order of a court
or other public authority and provided that such order was not Issued as the result of an act or fautt of
. ,,~Contractor or of anyone directly employed or engaged by the Contractor".the Contraclor may,
,Without prejudice to any other right or remedy the Contractor may have, by giving the Owner written
€o.tice, terminate the Contract.
.03 The Contractor may notify the Owner in writing, with a copy to the Contract Administrator, that the
Owner is in default of contractual obligations if,
a) the Contract Administrator fails to issue certificates in accordance with the provisions of Section
GC 8.0, Measurement and Payment;
b) the Owner fails to pay the Contractor, within 30 Days of the due dates identified in clause GC
,', 8.02.03, Certification and Payment, the amounts certified by the Contract Administrator or within
30 Days of an award by an arbitrator or court; or
c) the Owner violates the requirements of the Contract.
.04 The Contractor's written notice to the Owner shall advise that if the default is not corrected in the 7
Days immediately following the receipt of the written notice the Contractor may, without prejudice to
any other right or remedy the Contractor may have, stop the Work or terminate the Contract.
.05 If the Contraclor terminates the Contract under the conditions set out in this subsection, the
Contractor shall be entitled to be paid for all work performed according to the Contract Documents
and for any losses or damage as the Contractor may sustain as a result of the termination of the
Contract.
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GC7.'11
Notices by the Contractor
.01 Before work is carried out which may affect the property or operations of any Ministry or agency of
gOvemment 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 Oocuments,the Contractor shall give at least
48 hours advance written notice of the date of commencement of such work to the person, company,
partnership, corporation, board, or commission so affected.
.02 In the case of damage to, or interference with any utilities, pole lines, pipe lines, conduits, farm liles,
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.
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OPS_ ~ oICO....oI.StopIiO..lber18llll
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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 eJq>ense occasioned thereby.
;02 Where the obstruction is 'a Utility or other man-made object, the Contractor shall not be required to,
assume the risks "and responsibilities arising out of such obstruction, unless the location of the,
obstruction is shown on the plans or described in the specifications and the location so shown is
within the tolerance specified in paragraph GC 2.01.01 a), or unless the presence and location of the
obstruction has otherwise been made known to the Contractor or could have been determined by the
visual site investigation made by the -Contractor In accordance with these General Conditions.
.03 During the course of the Contract, it is.the'.Contractor's'responsibility;to:consull.wilh Utility companies
, 'or other appropriate authorities for ,further;information 'in .regard to. theexactloCation ,of these Utilities,
to exercise the necessary care In construction.operations~'8nd'io1ake-such'Olher,precautions as are
necessary to safeguard the Utility from damage.
GC 7.13
Umltations of Operations
.01 Except for such work as maybe required by the Contract Administrator to maintain the Work in a safe
and satisfactory condition, the Contractor shall not carry on operations under the Contract on
Sundays without permission in writing from the Contract Administrator.
.02 The Contractor shall cooperate with other Contractors, Utility companies and the Owner and they
shall be allowed access to their work or plant at all reasonable times.
GC 7.14
CleanIng Up Before Acceptance
.01 Upon attaining Substantial Performance of the Work, the Contractor shall remove surplus materials,
, tools, construction machinery and equipment not required for the performance of the remaining Work.
The Contractor shall also remove all temporary works and debris other than that caused by the
Owner, or others and leave the Work and Working Area clean and suitable for occupancy by the
Owner unless otherwise specified.
.02 The Work shall not be deemed to have reached Complelion-untiltheContractor has removed surplus
materials, tools, construction machinery and "equipment The Contractor shall also have removed
debris, other than that caused by the Owner, or others. ' '
GC 7.15
Warranty
.01 The Contractor shall be responsible for the proper performance of the Work only to the extent that the
design and specifications permit such performance.
.02 Subjeclto the previous paragraph the Contractor shall correct prompUy, at no additional cost to the
Owner, defects or deficiencies in the Work which appear,
a) prior to and during the period of 12 months from the date of Substantial Performance of the Work,
as set out in the Certificate of Substantial Performance of the Work,
b) where the work is completed after the date of Substantial Performance, 12 months after
Completion of the Work,
c) where there is no Certificate of Substantial Performance, 12 months from the date of Completion
of the Work as set out in the Completion Certificate, or
OPS General Cond_ dCOnlnld. SepMmber 18llll
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d) such longer periods as may be specified for certain Materials or some of the Work.
The Contract Administrator will prompUy give the Contractor written notice of observed defects or
deficiencies. '
.03 The Contractor shall correct or pay for damage resulting from corrections made under the
requirements of paragraph GC 7.15.02.
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SECTION GC 8.0 - MEASUREMENT AND PAYMENT
GC 8.01
Measurement
GC 8.01.01
Quantities
.01 The Contract AdministJ:ator will make an estimate once a month, in writing, of the quantity of Work
performed. The first estimate will be the quantity of Work performed since the ContJ:actor
commenced the Contract, 'and every subsequent' estimate; except 'the final one, will be of the,quantity
of Work performed since the preceding estimate was made. The Contract Administrator will provide
the copy of each estimate to the Contractor within 10 Days of the Cut-Off Date.
, '.02 ' Such quantities for progress payments' shall be construed and held to approximate. ,The final
.. quantities for the issuance of the Completion Certificateshall1le based on the measurement of Work
completed.
.03 Measurement of the 'quantities of theWork-performedwillbeeither'.tlyoActuaI Measurement or by
Plan 'Quantity principles as' indicated in 'the' Contract:'~ Adjustments, to:Plan.euantity measurements
'will normally be made 'using Plan Quantity 'principles but may,where'appro'priate,be made using
Actual Measurements. Those' items' identifiedon1heTender'by tI1enotation (P) in the unit column
'" ..'.shall be paid according'to the'Plan Quantity. Items where the notation (P) does not occur shall be '
paid according to Actual Measurement
GC 8.01.02
Variations In Tender Quantities
.01 Where it' appears that the quantity of Work to be done 'and/or Material'to be supplied by the
Contractor under a unit price tender item will exceed or be less than the tender quantity, the
Contractor shall proceed to do the Work and/or supply the Material required to complete the tender
item and payment will be made for the actual'amount of Work done and/or Material supplied ,at the
unit prices stated in the Tender except as provided below:
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%, eilherparty 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'ofWorkperfonned and/orMaterial supplied by the
Contractor is less than 85% of the tender quantity, the Contractor may make a written request to
negotiate for the portion of the actual'overheads'and, fixed ,costs, applicable to the amount of the
underrun in excess of 15% of the tender quantity; For purposes of the'.negotiation, the overheads
and fixed costs applicable to the item are deemed to have been prorated uniformly over 100% of
the tender quantity for the item. Overhead costs shall be confirmed by a statement certified by the
Contractor's senior financial officer or auditor and may be audited by the Owner. Altematively,
where both parties agree, an allowance equal to 10% of the' unit price on the amount of the
underrun in excess of 15% of the tender quantity will be paid.
Written requests for compensation must be received no later than 60 Days after the issuance of the
Completion Certificate.
GC 8.02
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 Material" shall include Hand Tools, supplies and
other incidentals.
OPS Ge...ralCond-.. oIContrac:t.8e~ 18llll
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.02 , Payment for work not specifically detailed as part of anyone item and without specified details of
payment will be deemed to be included in the items with which it is associated.
GC 8.02.02
Advance Payments for Material
.01 The Owner will make advance payments for Material intended for Incorporation in the Work upon the
written request of the Contractor and according to the following terms and conditions:
a) The Contractor shall, in advance of receipt of the shipment of the Material, arrange for adequate
and proper storage facilities and notify the Contract Administrator of their locations.
b) The value of aggregates, processed and stockpiled, shall be assessed by the following Procedure:
i. Sources Other Than Commen::ial
(1) Granular 'A', 'B' and 'M' shall be assessed at the rate of 60% of the Contract price.
(2) Coarse and line aggregates for hot mix asphaltic concrete, surface treatment and Portland
cement concrete shall be assessed at the rate of 25% of the Contract price for each
aggregate stockpiled.
,~f1. ' Commercial Sources
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.;;- Payment for separated coarse and fine aggregates will be considered at \!Ie above rate when
'".;r' such materials are stockpDed at a commerdal source where further proceSsing is to be carried
out before incorporating such materials into a final product. AdvanCe payments for other
materials located at a commercial source will not be made.
'c) Payment for all other materials, unless otherwise specified elsewhere in the Contract, shall be
based on the invoice price, and the Contractor shall submit proof of cost to the Contract
Administrator before payment can be made by the Owner.
d) The payment for all Materials shall be prorated against the appropriate tender item by paying for
sufficient units of the item to cover the value of the material. Such payment shall not exceed 80%
of the Contract price for the item.
e) All Materials for which the Contractor wishes to receive advance payment shall be placed in the
designated storage location immediately upon receipt of the material and shall thenceforth be held
by the Contractor in trust for the Owner as collateral security for any monies advanced by the
. Owner and for the due completion of the Work. The Contractor shall not exeR:ise any act of
ownership inconsistent with such security, or remove any Material from the storage locations,
except for inclusion in the Work, without the consent, in writing, of the Contract Administrator.
f) Such materials shall remain at the risk of the Contractor who shall be responsible for any loss,
damage, theft, improper use or destruction of the material however caused.
.02 Where the Owner makes advance payments subject to the conditions listed in paragraph GC
8.02.02.01, such payment shall not constitute acceptance of the Material by the Owner. Acceptance
~II 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.(i2~03.01
Progress Payment Certificate
.01 The value of the Work performed and Material supplied will be calculated once a month by the
Contract Administrator in accordance with the Contract Documents and. clause GC 8.01.01,
Quantities.
.02 The progress Payment Certificate will show,
a) the quantities of Work performed;
b) the value of Work performed;
c) any advanced payment for Materials;
d) the amount of statutory holdback, liens, Owner's set-off;
e) the amount of GST as applicable; and
f) the amount due the Contractor.
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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 Completion
.01 Before the Work has reached the stage of Substantial Performance, the Contractor may notify the
Contract Administrator, in writing that a subcontract is completed satisfactorily and ask that the
,Contract Administrator.certify,the completion of such subcontract.
.02 The Contract Administrator will ,issue a Certificate of Subcontract Completion if the subcontract has
been completed satisfactorily, and all required ,inspection and testing of the works covered by the
subcontract have been carried out and the results are satisfactory. , .
.03 The 'Contract Administratorwlll set out in the Certificate of SUbcontract,Completion the date on which
'the subcontract was completedandwithin'7 Days'of:thedatecthe:subcontract-.is certified ,complete,
the Contract Administrator will give a copy'ofthecertificate-,to-.the.Contractor-alld:to the Subcontractor
concerned. '
,GC 8.02.03.03
Subcontract,Statutory Holdback Release Certificate and Payment
.01 Following' receipt of the Certificate of Subcontract Comptetion, the Owner will release ,and pay the
Contractor the statutory holdback retained In respect of the subcontract.. Such release shall be made.
46 Days after the'date the subcontract-was certified complete ,and providing;the, Contractor,submits
the following to the Contract Administrator:
a) a document satisfactory to the'Contract Administrator thal 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
rl8bilities incurred in carrying out the subcontract;
c) ,a satisfactory clearance certificate or letter from the Workplace Safety and Insurance Board
relating to the subcontract: and '
d) a copy of the eontractbetween the Contractor and the Subcontractor and a satislactory ,statement
showing the total amount due the Subcontractor from the Contractor.
.02 Paragraph GC 8.02.03.03.01 d), will only apply to Lump Sum Items and then only when the Contract
Administrator specifically requests it
.03 Upon receipt of the statutory holdback, the Contractor 'shall'forthwithgive ,the Subcontractor the
payment due under the subcontract.
.04 Release of statutory holdback by the Owner in respect of a subcontract shall not relieve the
Contractor, or the Contractor's Surety, of any of their responsibilities.
GC 8.02.03.04
Certification of Substantial Perfonnance
.01 Upon application by 1he Contractor and where the Contract has been substantially performed the
Contract Administrator will Issue a Certificate of Substantial Performance.
.02 The Contract Administrator will set out in the Certificate of Substantial Performance the date on which
the Contract was substantially performed and within 7 Days after signing the said certificate the
Contract Administrator will provide B copy to the Contractor.
.03 Upon receipt of a copy of the Certificate of Substantial Performance, the Contractor shall forthwith, as
required by Section 32(1) Paragraph 5 of the Construcfion Usn 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 Dally Commercial News.
OPS General ~ oIQlnIraCl. S6plol.....r 18llll
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.04 Where the Contractor fails to publish a copy of the Certificate of Substantial Performance as required
above within 7 Days after receiving a copy of the certificate signed by the Contract Administrator, the
Owner may publish a copy of the certificate at the Contrador's expense.
.05 Except as otherwise provided for in Section 31 of the ConstnJction Lien Ad, the 45-day lien period
prior to the release of holdback as referred to in clause GC 8.02.03.05, Substantial Performance
Payment and Statutory Holdback Release Payment Certificates, shall commence from the date of
publication of the Certificate of Substantial Performance as provided for above.
GC'8.02.03.05 .
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Substantial Performance Payment and Substantial Performance Statutory
Holdback Release Payment Certificates
.01 When the Contract Administrator Issues the Certificate of Substantial Performance the Contract
c- Administrator will also issue the Substantial Performance Payment Certificate and the Substantial
Performance Statutory Holdback Release Payment Certificate or where appropriate, a combined
.~~ntcemmate. .
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.02 ,:,;t:h'!l Substantial Performance Payment Certificate will show,
"-a'f'thevalue of Work performed to the date of Substantial Performance;
, b) the value of outstanding or incomplete Work;
cc) the amount of the statutory holdback, allowing for any previous releases of statutory holdback to
the Contractor in respect of completed subcontracts and deliveries of pre-selected equipment;
d) the amount of maintenance security required; and
e) the amount due the Contractor.
.03 ,Payment of the amount certified will be made within 30 Days of the date of issuance of the payment
certificate. '
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.04 The Substantial Performance Statutory Holdback Release Payment Certificate win be a payment
certificate releasing to the Contractor the statutory holdback due in respect of Work performed up to
the date of Substantial Performance. Pa~nt of such statutory holdback shall be due 46 Days after
the date of publication of the Certificate of Substantial Performance but subject to the provisions of
the Construction Lien Act and the submission by the Contraclor 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 Contrad Administrator that all liabilities incurred
"''if by the Contractor and the Contractor's Subcontractors in carrying out the Contract have been
.'~ oisCharged except for statutory holdbacks properly retained; ,
c) ,a satisfactory Cemmate of Clearance from the Workplace Safely and Insurance Board; and
<tl:proof of publication of the Certificate of Substantial Performance. '
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GC 8.02.03.06
CertifICation of Completion
.01 Upon application by the Contractor, and when the Contrad reaches Completion, the Contract
Administrator will issue a Completion Certificate.
.02 The Contract Administrator will set out in the Completion Certificate the date on which the Work was
completed and within 7 Days of signing the said cemfacate the Contract Administrator will provide a
copy to the Contractor.
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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 StaMory Holdback Release
Payment Certificate or where appropriate, a combined payment certificale.
GC 8.02.03.07
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.02 The Completion Payment Certificate will show,
a) measurement and value of Work at Completion; ,
. 'b) the amount of the further'staMory 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 StaMory Holdback Release .PaymenLCertifi.cate ..willbe.,a, paymentceitificate
'releasing to' theContractor'the' further statutory 'hOldback:' 'PaymentOf.such;statutory holdback shall '
be due 46 Days after the date of CompletioriioftheWork.as-eslablished,bYjthe,Cornpletion,Certificate
but subject to the'provisions of the Construction Lien Actend,1he'submission'by, the Contraptor of the .
following documents:
a) a release by. the Contractor, in a form, satisfactory to the Contract Administrator, releasing the
Owner from all further claims relating to the Contract, qualified by stated exceptions where
appropriate; ,
b) a statutory declaration in a fonn satisfactory to the Contract Administrator th~ all,liabUmes incurred
," by the Contractor and the Contractor's Subcontractors in carrying out the Contract have been
discharged, quarlfied 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 staMory holdback, Is delayed by the Owner, then the Contractor shall be entitled to
receive interest on the outstanding payment at the Rate of'lnterest'ifpaymenl'is not received on the
dales set out below: '
a) Progress Payment Certificates: 30 Days after the Cut-Off Date;
b) Certificate of Subcontract Completion:' 30 Days after the date certified as 'the date on ,which the
subcontract was completed;
c) Subcontract StaMory 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 Certificale: 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 CondlUono 1JI ~. Sejllember 18llll
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GC 8.02.03.10
Interest for Negotiations and Claims
.01 Except as hereinafter provided, where a notice of negotiation, notice of intent to claim and the
subsequent claims are submitted in accordance with the time limits and/or procedure described by
subsection GC 3.14, Claims, Negotiations, Mediation, the Owner will pay the Contractor the Rate of
Interest on the amount of the negotiated price for that part of the Work or on the amount of the settled
claim. Such interest will not commence until 30 Days after the satisfactory completion of that part of
the Work.
:~'~.f;:-.
.02 : Where the Contractor does not attempt to resolve the negotiation or the claim in an expeditious
manner, interest shall be negotiable.
.03 Where the Contractor fails to give notice of a claim within the time limit prescribed by subsection GC
, 3.14, Claims, Negotiations, Mediation, interest shall not be paid.
.04 ,~[ea Contractor fails to comply with the 3o-day time limit and the procedures prescribed in
. j)ajagr:;lph 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..()ff
.
.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 Safely and Insurance Board and any monies to be paid to the workers in accordance
with clause GC 8.02.06, Payment of Workers.
.02 Under these circumstances the Owner will give the Contractor appropriate notice of such action.
GC 8.02.03.12
Delay In Payment
.01 The Owner shall not be deemed to be in default of the Contract provided any delay in payment does
not exceed 30 Days from the due dates as defined in paragraph GC 8.02.03.09.01.
GC 8.02.04
GC 8-02.04.01
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Payment on a Time and Material Basis
Definitions
,
.01 Foi"the purpose of this clause the following definitions apply:
..--... .
Cost of Labour: means the amount of wages, salary, travel, traveltime, food, lodging or similar items and
Payroll Burden paid or incurred directiy 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 Contraclor Is compensaled by any payment made by the Owner for Equipment
Cost of Material: means the cost of Material purchased, or supplied from stock, and valued at current
market prices, for the purpose of carrying out Extra Work, by the Contractor, or by others when such
arrangements have been made by the Contractor for completing the Work, as shown by Itemized invoices.
Operated Rented Equipment: means Rented Equipment for which an operator is provided by the
supplier of the equipment and for which the rent or lease includes the cost of the operator.
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OPS General CondIUono 01 Conlrad . September 18llll
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Payroll Burden: means the payments in respect of workplace insurance, vacation pay. employment
insurance, public liability and property damage insurance, sickness and accident insurance, pension fund
and such other welfare and benefit payments 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, RS.O. 1990, c.S.5, as amended, and Is approved by the Contract Administrator.
Road Work: means the. preparation, construction" finishing and construction maintenance of roads,'
'streets; highWays and'parking 'lots and includes all work incidental thereto other than work on Structures. "
Sewer 'and Watermain Work: means the preparation, construction, finishing, and construction
'maintenance'of sewer systems and watermain systems, and includes all work incidental thereto other than
work on structures.
" StandbyTime:'means any'period of time Whichls'not=nsideredWorking:'T'lI'IllryJld which together with
the WorkingTIIlle does not exceed'10hoors:in.any;onelWorking;Oaycand:duiirigwhich time a unit of
,equipment cannot practically be used onother;.worlcbutmustremain :on.the 'site:in.order to ,continue with
- its'assigned 1ask '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 wan and includes the preparation for and the laying of
the foundation of' any" bridge, buDding, tunnel or'retaining wall and the installation of equipment and
appurtenanoes incidental thereto.
The 127 Rate: means the rate for a unit of equipment as listed in'OPSS 127; Schedule of Rental Rates
for Construction Equipment Including Model and Specification Reference. which Is current at the time the
work Is carried out or for equipment which is not so listed, the rate which has been calculated by the
, Owner, using the same principles as used in determining The 127 Rates.
Work' on a -Time 'and Material Basis: means Changes in the Work, Extra Work and Additional Work
approved by the Contract Administrator for payment 'on a TlIT1e and Material basis. The Work on a Time
and Material Basis shall be subject to all the terms, conditions, specifications ,and provisions of the
Contract.
, Working Time: means each period of time during which a unit of equipment Is actively and of necessity
'engaged on a specific operation and the first 2 hours of each. immediately following period during which
the unit Is not so engaged but during which the operation. is ,otherwise'. proceeding and during ,which time
the unit cannot practically be transferred to other work but must remain on the site in order to continue with
its assigned tasks and during which time the unit Is ina 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 shallepply to each individual Change Order authorized by the Contract Administrator.
OPS General Cond-.. 01 Contract. Sepl8mbor 18llll
P_.1
GC 8.02.04.04
PayrnentforLabour
.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 Tune and Material Basis at
the Contractor's actual cost of Payroll Burden.
.03, At the Owner's discretion, an audit may be conducted in which case the actual Payroll Burden so
determined shall be applied to all Time and Material work on the Contract.
GC 8.02.04.05
Payment for Material
': ~
.01 The Owner will pay the Contractor for Material used on each Time and Material project at 120% of the
'.Q:)stof the Material up to $3000, then at 115% of any portion of the Cost of Material in ex<:ess of
".., ..,..~. . .
"',$$000.
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GC'S;02:0lI.06 Payment for Equipment
GC 8.02.04.06.01
Working Time
.01 The Owner will pay the Contractor for the Working Time of all equipment othEir than Rented
Equipment and Operated Rented Equipment used on the Work on a Tune and Material basis at The
127 Rates with a cost adjustment as follows:
a) Cost $10,000 or less - no adjustment;
b) Cost greater than $10,000 but not exceeding $20,000 - payment $10,{)00 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
Tune and Material Basis at 110% of the invoice price approved by the Contract Administrator up to a
maximum of 110% of The 127 Rate. This constraint will be waived when the Contract Administrator
approves the invoice price prior to the use of the Rented Equipment
.03 The Owner will pay the Contractor for the Working Time of Operated Rented Equipment used on the
Work on a Time and Material Basis at 110% of the Operated Rented Equipment invoice price
approved by the Contract Administrator prior to the use of the equipment on the Work on a,Time and
Material Basis.
GC 8.02lO4:06.02
..,
Standby Time
.01 The Owner will pay the Contractor for Standby Time of Equipment at 35% of The 127 Rate or 35% of
the invoice price whichever is appropriate. The Owner will pay reasonable costs for Rented
Equipment where this is necessarily retained in the Working Area for extended periods agreed to by ,
the Contract Administrator. This will include Rented Equipment intended for use on other work, but
has been idled due to the circumstances giving rise to the Work on a Tune and Material Basis.
.02 In addition, the Owner will include the Cost of Labour of operators or associated labourers who
cannot be otherwise employed during the standby period or during the period of idleness caused by
the circumstances giving rise to the Work on a Time and Material Basis.
.03 The Contract Administrator may require Rented Equipmentldlad by the cll'CUmstances giving rise to
the Work on Tune 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.
P_42
OPS Ge....1 CondlIIono 01 eo_. s.p...'lber 18llll
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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 wUl 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
Paymentfor Hand Tools
.01 Notwilhstandingany.other provision of this Section, .no cpayment 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 ,TlITle and Material Basis,or.a part of it, to be performed
by Subcontractors ,on ..aTlllleand,.Material .,basis,.,and".has...received~apprp,val,.prior to the
" ..,"cornmencement.,of.'such..work;cin' accordance with;;,.the>,requilllments<;ofii.5ubseclion.~GC, 3.10,
,.:' "',' Subcontracting by the' Contractor;' the Owner will pay'.fhe'C05t:ofmcirk.on,eif'lII1e(and..,.,aterial Basis
, ,.' 'byiheSubcontractor calculated-aslf the.Contractor had.donethe,WorkoQn,.a;Time,and .Material Basis,
plus 'a markup calculated on the following basis: '
a) 20% of the first$3,OOO; 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 rnarkupwill be applIed regardless-of.the extent to which.the work Is assigned or sublet to ,
" others; If work is:8ssignedor- sublet'to an as~\e. ,as defined by the Securities,Acf no markup
whatsoever win be apprled. '
GC 8.02.04.09
Submission of Invoices
.01 'At the start of the Work 'on a TIlll8 and Material Basis, the Contractor .shall.provide. the applicable
. labour and Equipment rates not already submitted to the Contract Administrator during the course of
such work.
.02 .Separate summaries shall be'completed by the Contractor according to the stalldard for:m,.Summary
for Payment of Accounts on a T1rne,and Material Basis.. Each summary shall include the order
number and covering dates of the work and shall itemize separately labour, Materials and Equipment
,Invoices,for Materials, Rented Equipment and other charges incurred by the Contractor on the Work
on a Time and Material Basis shall be included with eachsummary.- ..."...' .....,'.,. ,'."
:03 Each month the Contract Administrator will include with ,the mQnthly,~!llss .p;lyme~, CEl!tificate, the
costs of the Work on a Time and Material Basis incurred during the preceding month all in
, accordance with the contract administrative procedures and the Contractor's invoice of the Work on a
Time and Material Basis.
.04 The final .SummarY for Payment of Accounts on a Time and Material Basis. shall be submitted by the
Contractor within 60- Days after the completion of the Work on a Time and Material Basis.
GC 8.02.05
Final Acceptance Certificate
.01 After the acceptance of the Work ,the Contract Administrator will Issue the Final Acceptance
Certificate, or, where applicable. after the Warranly Period has expired. The Final Acceptance
Certificate will not be Issued until all known deficiencies have been adjusted or corrected, as the case
may be, and the Contractor has discharged all obligations under the Contract.
OPS General CondIUonl 01 ConlraCl' SepWnber 18llll
P_C3
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 {3C 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 Se!..Qff.
GC 8.02.07
Records
.01 The Contractor shall maintain and keep accurate Records relating to the Work, Changes In the Work,
Extra Work and claims arising therefrom. Such Records shall be of sufficient detail to support the
total cost of the Work, Changes in the Work, and Extra Work. The Contractor shall preserve all such
original Records until 12 months after the Final Acceptance Certificate is issued or until all claims
have been settied, whichever is longer. The Contractor shall require that SubContractors employed
by the Contractor preserve all original Records pertaining to the Work, Changes in the Work, Extra
Work and claims arising therefrom for a similar period of time.
.02 If, in the opinion of the Contract Administrator, DaUy Work Records are required, such records shall
report the labour and, Equipment employed and the Material used on any specific portion of the Work.
The Daily Work Records shall be reconciled with and signed by the Contractor's representative each
day.
.03 The Owner may inspect and audit the Contractor's Records relating to the Work, Extra Work and
Changes in the Work at any time during the period of the Contract The Contractor shall supply ,
certified copies of any part of its Records required whenever requested by the Owner.
GC 8.02.08
Taxes and Duties
.01 Where a change in Canadian Federal or Provincial taxes occurs after the date of tender closing for
this Contract, and this change could not have been anticipated at the time of bidding, the Owner will
increase or decrease Contract payments to account for the exacl 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 40r
additional tax costs shall be submitted not less than 30 Days after the date of Final Acceptance.
.03 Where the Contractor benefits from a change in Canadian Federal or Provincial taxes, the Contractor
shall submit to the Contract Administrator, on forms provided by the Contract Administrator, a
statement of such benefits. This statement shall be submitted not later than 30 Days after 'Final
Acceptance.
.04 Changes in Canadian Federal or Provincial taxes which impact upon commodities, which when left in
, place form part of the finished Work, or the provision of services, where such services form part of the
Work and where the manufacture or supply of such commodities or the provision of such services is
carried out by the Contractor or a Subcontractor, are subject to 8 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 fonn part of the Work.
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OPS General Condltiona <It Contract. September 18llll
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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 General Cond-.. oI<:ontracl. Seplember 18llll
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