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2001-128
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2001- 128 Being a By-law to authorize a contract between the Corporation of the Municipality of Clarington and Dagmar Construction Inc., Markham, Ontario, to enter into an agreement for the Graham Creek Bridge and Mill Street Reconstruction and Lakeshore Road Bridge Scour Pad Repair. 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 Dagmar Construction Inc., Markham, 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 25day of June , 2001. By-law read a third time and finally passed this 25 day of June 2001. (j Mayor CI k i TfH ■ engineers architects planners CORPORATION OF THE MUNICIPALITY OF CLARINGTON GRAHAM CREEK BRIDGE AND MILL STREET RECONSTRUCTION LAKESHORE ROAD BRIDGE SCOUR PAD REPAIRS CONTRACT NO. CL2001-12 MAY 2001 VH ■ engineers architects planners TSH No. 12-10912142-80010/29074 AGREEMENT THIS AGREEMENT made in quadruplicate this 29th day of June 2001 ' BETWEEN: DAGMAR CONSTRUCTION INC. of the Regional Municipality of York 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 first art for and in consideration of the payment or WITNESSETH, that the party of the f p P Y payments specified in the tender for this work hereby agrees to furnish all necessary machinery, tools, equipment, supplies, labour, and other means of construction and, to the satisfaction of the Engineer, to do all the work as described hereafter, furnish all the materials except as herein otherwise specified, and to complete such works in strict accordance with the plans, specifications and tender therefore, all of which are to be read herewith and form part of this present agreement as fully and completely to all intents and purposes as though all the stipulations thereof have been embodied herein. Page 1 of 3 t t DESCRIPTION OF THE WORK AND LIST OF DOCUMENTS CONTRACT NO. CL2001-12, Graham Creek Bridge and Mill Street Reconstruction amd Lakeshore Road Bridge Scour Pad Repairs, Corporation of the Municipality of Clarington ADDENDUM NO. 1 dated June 13, 2001 A. TENDER FORM: General Pages 1 and 2 Itemized Bid Pages 3 to 9 Bonds Schedule of Tender Data Page 11 B. STANDARD TERMS AND CONDITIONS C. INSTRUCTIONS TO TENDERERS Pages 1 to 4 D. SPECIAL PROVISIONS - GENERAL Pages 1 to 27 E. SPECIAL PROVISIONS - TENDER ITEMS Pages 1 to 20 F. STANDARDS G. PLANS: Drawings No. 1 - 5 and S 1 - S8 H. STANDARD SPECIFICATIONS: the applicable edition of the following Ontario Provincial Standard Specifications and Region of Durham Specifications, revised March 2000. OPSS No. Date OPSS No. Date OPSS No. Date OPSS No. Date 127 Current 353 Sept. 1996 510 Oct. 1993 615 Sept. 1993 128 Current 355 Sept. 1996 539 Dec. 1983 617 Sept. 1984 201 Feb. 1996 405 Feb. 1990 570 Aug. 1990 902 Dec. 1983 206 Nov. 2000 407 Oct. 1989 571 Aug. 1990 904 Jan. 1995 310 Mar. 1993 410 Apr. 1999 577 Feb. 1996 908 Mar. 1998 314 Dec. 1993 501 Feb. 1996 603 Mar. 1993 913 Sept. 1993 351 Sept. 1996 506 May 1994 604 Sept. 1994 914 Mar. 1998 352 Nov. 2000 1. GEOTECHNICAL INVESTIGATION (Borehole Logs) J. 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 expriration of seventy (70) working days from the commencement date of Monday, July 16, 2001. Page 2 of 3 r 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 rand assigns of the Contractor and on the heirs and successors of the Purchaser. IN WITNESS WHEREOF, the Contractor and the Purchaser have hereunto signed their names and set their seals on the day first above written. r SIGNED and sealed by the Contractor DAGMAR CONSTRUCTION INC. > DIRECTOR7 in the presence of ) r SIGNED and sealed by the Purchaser the CORPORATION OF THE MUNICIPALITY OF CLARINGTON ) ) 0 h Mutton, Mayor ) in the presence of ) �t ) i L B ie, Clerk Page 3 of 3 CONTRACT NO. CL 2001-12 MUNICIPALITY OF CLARINGTON Graham Creek Bridge and Mill Street Reconstruction Lakeshore Road Bridge Scour Pad Repairs ADDENDUM NO. 1 1 of 2 Contractors are hereby advised of the following clarification/modification to Contract CL2001-12. 1. ITEMIZED BID i) Item 65 -This Item is to be deleted from the Contract. 2. SPECIAL PROVISIONS-TENDER ITEMS i) Earth Borrow -Item No. 3 Delete the 2nd and 3td paragraph and replace with the following: The Contractor is advised that the major volume of earth excavation falls within the existing roadway and east bridge approaches. As a consequence, this precludes use of the existing roadway material for fill purposes. Borrow Within Flood Plain must be obtained from the Kaitlin lands at a borrow area approximately 150 metres south of the bridge site on the east side of Graham Creek. The unit price bid for Borrow Within Flood Plain shall include for regrading and contouring the borrow area. Topsoil, seeding and mulching of the area used for Borrow Within Flood Plain shall be paid for under the appropriate items. The Contract requires 4,140 m3 of fill material. Of this volume, approximately 860 m3 must be obtained from within the flood plain. Approximately 3,000 a of Borrow From Other Sources is required. This material shall come from a site arranged for by the Contractor. Restoration associated with Borrow From Other Sources shall be the responsibility of the Contractor. ii) Street Light Luminaires-Item No. 59 The I'sentence of the 4'paragraph is revised to read: ". . . kit utilizing a 10 amp midget fuse with a 200,000 amp interrupting rating." iii) Connect to Supply-Item No. 62 The I"paragraph is revised to read: ". . . and shall be supplied with a 2 pole, 1 -30 amp enclosed circuit breaker, Square D Cat. No. Q0230." CONTRACT NO. CL 2001-12 MUNICIPALITY OF CLARINGTON Graham Creek Bridge and Mill Street Reconstruction Lakeshore Road Bridge Scour Pad Repairs ADDENDUM NO. 1 2 of 2 3. CONTRACT DRAWINGS i) Drawing No. 2 The note referencing "2 -50 mm Rigid PVC Duct" is revised to read "2 -75 mm P.V.C. Duct". All tenders must be submitted on the basis of these modifications. This Addendum shall remain attached to and form part of all tenders submitted. TSH Engineers Architects Planners 513 Division Street COBOURG, Ontario K9A 5G6 June 13, 2001 P/12-10912/S P=.s/18"8.docn4/4 PROJECT: TENDER FOR CONTRACT NO. CL2001-12 GRAHAM CREEK BRIDGE AND MILL STREET RECONSTRUCTION LAKESHORE ROAD BRIDGE SCOUR PAD REPAIRS AUTHORITY: CORPORATION OF THE MUNICIPALITY OF CLARINGTON CONTRACT ADMINISTRATOR: TOTTEN SIMS HUBICKI ASSOCIATES ENGINEERS, ARCHITECTS and PLANNERS 513 DIVISION STREET �1 COBOURG, ONTARIO. K9A 5G6 Telephone: 905: 372-2121 Fax: 905: 372-3621 TENDERER: DAGMAR CONSTRUCTION INC Name P.O. BOX 510 7350 MARKHAM ROAD MARKHAM ONTARIO L39 3R1 Address (include Postal Code) 905-294-7480 905-294-8414 Telephone and Fax Numbers L.C. PIPH R Name of Person Signing DIRECTOR Position of Person Signing TENDERS RECEIVED BY: Mrs. Patti Barrie, Clerk Corporation of the Municipality of Clarington Municipal Administration Centre 40 Temperance Street BOWMANVILLE, Ontario. L1C 3A6 P/12-29074JConsv/18640-signgl2414 TENDER CONTRACT NO. CL2001-12 To: The Mayor and Members of Council Corporation of the Municipality of Clarington Re: Contract No. CL2001-12, Graham Creek Bridge and Mill Street Reconstruction Lakeshore Road Bridge Scour Pad Repairs 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 n' 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. ITEMIZED BID CONTRACT NO. CL2001-12 In accordance with the first ara raP h of this Tender, the Contractor hereby offers to complete the work specified P g for Contract No. CL2001-12 for the following unit prices. Spec.No. - The numbers in this column refer to the applicable issue of the Ontario Provincial Standard Specifications SP - Refers to Special Provisions (P) Plan Quantity Payment Item ROD Region of Durham Specifications !, Item Spec. D�esc�ripfion of Item. Unit Cuant3ty Utut Price Tatal No No PART 1 -MILL STREET ROADWORKS 1. 201 Site Preparation LS 8,800.00 8,800.00 SP 2. 206 Earth Excavation(Grading) m3 6081 13.11 79,721.91 SP (P) 3.a) 212 Borrow within Flood Plain 1113 860 10.92 9,391.20 SP b) 212 Borrow from other sources 1113 3000 0.10 300.00 t� SP 4. 310 Hot Mix HL-4 t 700 48.00 33,600.00 SP 5. 310 Hot Mix HL-3A(Entrances) t 12 95.00 1,140.00 _ SP 6. 314 Granular `A' t 1600 13.12 20,992.00 ` SP 7. 314 Granular `B', Type 1 t 3500 9.18 32,130.00 SP 8. 351 Concrete in sidewalk m2 330 35.32 11,655.60 SP 9. 353 Concrete Curb and Gutter m 414 35.36 14,639.04 SP 10. 405 150 mm Subdrain with Geotextile m 417 10.00 4,170.00 SP 11. 410 300 mm dia. CP Class 3 Storm 167.44 33,822.88 SP Sewer, including excavation, `B' m 202 Bedding and Granular Backfill y\ 12. 410 375 mm dia. CP Class 3 Storm 182.85 2,011.35 SP Sewer, including excavation, `B' m 11.0 Bedding and Granular Backfill 13. 410 600 mm dia. CP CL-50-D Storm 381.04 8,001.84 SP Sewer including excavation, `B' m 21.0 Bedding and Granular Backfill ITEMIZED BID CONTRACT NO. CL2001-12 In accordance with the first paragraph of this Tender, the Contractor hereby offers to complete the work specified for Contract No. CL2001-12 for the following unit prices. item spec. _ ... tY Descri tzpn of Item Utut ut1h U, 'e, Total 14. 407 600 mm x 600 mm Precast ea 2 1,096.75 2,193.50 SP Catchbasins (OPSD 705.010) 15. 407 600 mm x 600 mm Precast ea 1 1,195.21 1,195.21 SP Catchbasins (OPSD 705.030) 16. 407 600 mm x 1450 mm Precast Twin ea 2 1,822.80 3,645.60 SP Inlet Catchbasin(OPSD 705.020) ` 17. 407 1200 mm x 1200 mm Pre-cast ea 1 3,217.30 3,217.30 SP Maintenance Hole (OPSD 702.040) 18. 407 1200 mm dia. Precast ea 2 2,170.14 4,340.28 SP Maintenance Hole (OPSD 701.010) 19. 407 1500 mm Dia. Precast ea 1 3,439.74 3,439.74 SP Maintenance Hole (OPSD 701.011) 20. 501 Water for Compaction and Dust 1113 180 2.50 450.00 Suppression 21. 506 Calcium Chloride Flake kg 1570 1.00 1,570.00 22. SP Sawcutting of Apshalt in 44 10.00 440.00 23. SP Sawcutting of Concrete Curb in 2 50.00 100.00 24. 510 Removal of Sidewalk(All types) m z 44 5.00 220.00 SP 25. 510 Removal of Curb m 55 5.00 275.00 SP 26. 510 Removal of Culverts and Sewers in 42 5.00 210.00 SP 27. Provisional Items 577 Siltation Control 12.14 11821.00 SP a) Light Duty Silt Fence in 150 b) Heavy Duty Silt Fence in T 100 14.25 1,425.00 ITEMIZED BID CONTRACT NO. CL2001-12 In accordance with the first paragraph of this Tender, the Contractor hereby offers to complete the workspecified for Contract No. CL2001-12 for the following unit prices. Item Spec Description of Item Unit Quantrt i7bit Price Total No c) Straw Bale Flow Check ea 4 350.00 1,400.00 d) Temporary Rock Flow Check ea 4 350.00 1,400.00 e) Dewatering Trap ea 2 3,534.00 7,068.00 28. 570 Topsoil and Sod (unstaked) m2 3400 4.10 13,940.00 571 SP 29. 570,571 Topsoil and Sod(Staked) in 1300 4.30 5,590.00 SP 30. 570 Topsoil (imported) m2 1300 1.95 2,535.00 SP 31. 572 Seed and Mulch, Type 1 kg 15 29.00 435.00 SP 32. Plant Material 32.1 570 Trees & Shrubs: 2,200.00 SP a) Amelanchier canadensis, 50 ea 5 440.00 mm(Shadblow Serviceber ) b) Fraxinus americana 'Autumn ea 8 287.00 2,296.00 Purple', 60 mm(Autumn Purple Ash) c) Fraxinus pennsylvanica, 60 ea 8 285.00 2,280.00 mm(Green Ash) d) Salix nigra, 50 mm) (Black ea 4 294.00 1,176.00 Willow) e) Picea glauca, 225 cm (White ea 5 240.00 1,200.00 Spruce) f) Pinus strobus, 225 cm(Eastern ea 2 245.00 490.00 White Pine) g) Thuja occidentalis, 125 cm ea 9 59.00 531.00 (Eastern White Cedar) h Corpus sericea 80 cm (Red ea 113 18.00 2,034.00 Osier Dogwood) ITEMIZED BID CONTRACT NO. CL2001-12 In accordance with the first ara ra h of this Tender, the Contractor hereby offers to complete the work specified P g P Y o for Contract No. CL2001-12 for the following unit prices. Item spec Description of Item Unit titantit Unit Prime. Total i) Rhus typhina, 100 cm ea 11 19.00 209.00 (Sta horn Sumac) j) Salix discolor, 80 cm(Pussy ea 21 17.00 357.00 Willow) k) Spiraea alba, 60 cm ea 21 23.00 483.00 (Meadowsweet) 1) Viburnum trilobum, 80 cm ea 16 21.00 336.00 (American Highbush Cranberry) m) Eupatorium maculatum, 15 cm ea 98 8.00 784.00 of(Joe- e Weed) 32.2 570 Bio-Engineered Rock Protection SP Planting a) Cornus sericea, 80 cm (Red ea 12 18.00 216.00 Osier Dogwood) b) Salix discolor, 80 cm(Pussy ea 18 17.00 306.00 Willow) c) Eupatorium maculatum, 15 cm ea 45 18.00 810.00 of d) Vitis ripara, 15 cm pot ea 75 14.00 1,050.00 Riverbank Grape) 33. SP Miscellaneous Landscaping LS 5,000.00 5,000.00 34. ROD Hydrant Extension ea 1 2,565.85 2,565.85 SP 35. 552 Guiderail with Channel (OPSD in 121 107.00 12,947.00 904.02) (including leaving & approach end treatments) 36. 555 Eccentric Loader(902.052) ea 1 2,350.00 2,350.00 37. 511 Bank Stabilization 40.66 6,505.60 SP a) Rock Protection m2 160 b) Live Crib Wall (Provisional) LS 30,000.00 30,000.00 Total Section 1 carried to Summa $393 412.90 ITEMIZED BID CONTRACT NO. CL2001-12 In accordance with the first ara raP h of this Tender, the Contractor hereby offers to complete the work specified P g for Contract No. CL2001-12 for the following unit prices. Item Spec. Description of Item Unit` ttit Unit Price Total Na No . SECTION 2: GRAHAM CREEK BRIDGE 1 38. 539 Roadway protection LS 30,000.00 30,000.00 SP 39. 902 Earth Excavation for Structure m3 76 20.00 1,520.00 SP Foundations 40, 902 Unwatering Structure Excavations LS 70,139.02 70,139.02 SP 41. 904,905 Concrete in Structure Foundations in 76 617.58 46,936.08 SP 42. 904,905 Concrete in Abutments and LS 124,656.48 124,656.48 SP Win walls 43. 904,905 Concrete in Deck, Sidewalk and LS 153,632.02 153,632.02 SP Curb 44. 904,905 Concrete in Parapet Walls LS 21,524.62 21,524.62 SP 45. 904,905 Concrete in Approach Slabs LS 15,256.18 15,256.18 SP 46. 908 Steel Parapet Rails LS 7,000.00 7,000.00 SP 47. 314,501 Granular Backfill to Structure LS 33,058.15 33,058.15 902, SP 48. 913 Embedded Work in Structure LS 2,331.00 2,331.00 SP 49. 914 Asphalt Membrane Waterproofing m2 159 14.00 2,226.00 50. 914 Form and Fill Grooves in 43 14.00 602.00 51. 511 Rock Protection LS 26,306.00 26,306.00 SP 52. 201,510 Removal and Disposal of Existing LS 10,000.00 10,000.00 902,SP Structure Total, Section 2 (carried to Summary) $545,187.55 ITEMIZED BID CONTRACT NO. CL2001-12 In accordance with the first paragraph of this Tender, the Contractor hereby offers to complete the work specified for Contract No. CL2001-12 for the following unit prices. Item Spec. D scrip>E10.n o Item Unit (quantity U>ait P.riee Total No No SECTION 3-LAKESHORE ROAD BRIDGE SCOUR PAD REPAIRS 53. 201,510 Removal and Disposal of existing LS 1,000.00 1,000.00 902,SP Mass Concrete 54. 905 Dowels into Concrete ea 52 20.00 1,040.00 SP 55. 577 Unwatering LS 5,000.00 5,000.00 SP 56. 904,905 Concrete in Cut-Off.Wall LS 17,957.30 17,957.30 SP 57. 904 Grouting Undermined Invert Slab m3 13 387.00 5,031.00 SP Total- Section 3 - (carried to Summary) $30,028.30 SECTION 4: STREET LIGHTING AND UTILITY DUCTS 58. 615,617 Street Light Poles (12.2 m) (40.0 ea 5 1,518.00 7,590.00 SP ft.) Spun Concrete Direct Buried. 59. 617 Street Light Luminaires (150 W ea 5 240.50 1,202.50 SP HPS -Type III Dist.) 60. 604 Street Light Cable (2 - #4 AWG m 235 8.17 1,919.95 SP Cu RWU 90 c/w#6 AWG RWU 90 Insulated Cu GR)) 61. 603 50 mm Polypipe Duct, Direct m 200 16.00 3,200.00 SP Buried 62. SP Connect to Supply including ea 1 1,138.00 1,138.00 Weatherproof Enclosure 63. 617 3.65 m(12 ft.) Tapered Elliptical ea 5 221.00 1,105.00 SP Bracket Arms (mounted on concrete pole) 64. 603 75 mm PVC, D2, Duct Direct m 231 15.83 3,656.73 Buried, Bell Duct 65. 603 50 mm Rigid PVC, Direct Buried m 31 16.00 496.00 Total- Section 4- carried to Summa $20308.18 ITEMIZED BID CONTRACT NO. CL2001-12 In accordance with the first paragraph of this Tender, the Contractor hereby offers to complete the work specified for Contract No. CL2001-12 for the following unit prices. it Spec Description of Item Unft: tuantit Urit Prig Total Not:; No. SIMMARY Total Section 1:. Mill Street Roadworks 393,412.90 Total Section 2: Graham Creek Bride 545,187.55 Total Section 3:. Lakeshore Road Bridge Scour Pad 30,028.30 Repairs Total Section 4: Street Lighting and Utility Ducts 20,308.18 TOTAL (excluding GST) $988,936.93 GST (7% of Total) 69,225 59 TOTAL TENDER AMOUNT $;1,Q58,162 52;;: Tenderer's GST Registration No. 121964290RT AGREEMENT TO BOND (to be completed by Bonding Company) CONTRACT NO CL2001 12 Bond No. 83-0658-0022-01 WE, the Undersigned, HEREBY AGREE to become bound as Surety for DAGMAR 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. CL2001-12 is accepted by the Authority. IT IS A CONDITION of this Agreement that if the above mentioned Tender is accepted, application for a Performance Bond and a Labour and Material Payment Bond must be made to the Undersigned within TEN (10) DAYS of Notice of Contract Award, otherwise the Agreement shall be null and void. DATED AT North York this 8th day of June 2001 CGU INSURANCE COMPANY OF CANADA Name of Bonding Company SEAN DAKIN Signature of Authorized Person Signing for Bonding Company (BONDING COMPANY SEAL) ATTORNEY-IN-FACT ` Position (This Form shall be completed and attached to the Tender Submitted). SCHEDULE OF TENDER DATA CONTRACT NO CL2001-12 The work specified in the Contract shall be performed in strict accordance with the following Schedule: A. TENDER FORM: General Pages 1 and 2 Itemized Bid Pages 3 to 9 Agreement to Bond Page 10 Schedule of Tender Data Page 11 B. STANDARD TERMS AND CONDITIONS C. INSTRUCTIONS TO TENDERERS Pages 1 to 4 D. SPECIAL PROVISIONS - GENERAL Pages 1 to 27 E. SPECIAL PROVISIONS -TENDER ITEMS Pages 1 to 20 F. STANDARDS G. PLANS: Drawings No. 1 - 5 and S1 - S8 H. STANDARD SPECIFICATIONS: It shall be the Contractor's responsibility to obtain the applicable edition of the following Ontario Provincial Standard Specifications and Region of Durham Specifications, revised March 2000. OPSS No Date OPSS No. Date OPSS No. Date OPSS No. Date 127 Current 353 Sept. 1996 510 Oct. 1993 615 Sept. 1993 128 Current 355 Sept. 1996 539 Dec. 1983 617 Sept. 1984 201 Feb. 1996 405 Feb. 1990 570 Aug. 1990 902 Dec. 1983 206 Nov. 2000 407 Oct. 1989 571 Aug. 1990 904 Jan. 1995 310 Mar. 1993 410 Apr. 1999 577 Feb. 1996 908 Mar. 1998 314 Dec. 1993 501 Feb. 1996 603 Mar. 1993 913 Sept. 1993 351 Sept. 1996 506 May 1994 604 Sept. 1994 914 Mar. 1998 352 Nov. 2000 I. GEOTECHNICAL INVESTIGATION (Borehole Logs) J. 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. By my/our signature hereunder, I/we hereby identify this as the Schedule of Tender Data, Plans and Specifications, for Contract No. CL2001-12, executed by me/us bearing date the day of 200 DAG CTI N INC. SIGNATURE POSITION (COMPANY SEAL) NAME OF FIRM � � '7.1,:.. :.. 13— 11 .,F 1 1 D'"— f-1 0 cnhmittarl ac tha TPnripr Rnhmiccinn for C'nntrnct Nn C1.2001-12. CORPORATION OF THE MUNICIPALITY OF CLARINGTON STANDARD TERMS AND CONDITIONS P/10912/Specs/18641.doct24//4 STANDARD TERMS AND CONDITIONS The Municipality of Clarington's"Standard Terms and Conditions" shall apply to this Contract except where noted below. • Clause 8 of the "Standard Terms and Conditions" shall be superceded by Clause 8— "Payments" of the"Special Provisions—General" Section of the Contract. • Clause 15 of the "Standard Terms and Conditions" shall be superceded by Clause 2— "Guaranteed Maintenance" of the "Special Provisions —General" Section of the Contract. • Clause 16 of the "Standard Terms and Conditions" is not applicable to this Contract. • Clause 23 of the "Standard Terms and Conditions" shall be superceded by Clause 6.03.02 of the OPS General Conditions of Contract (September 1999)which requires a $5,000,000.00 liability coverage. • Clause 26 of the "Standard Terms and Conditions" shall be superceded by Clause 21 — "Workplace Hazardous Materials Information System (WHMIS)", Clause 20— "Compliance with the Occupational Health and Safety Act" (which also includes the Municipalilty of Clarington's "Contractor Safety" Documents) and Clause 37 — "Govemmental Requirements" all from the "Special Provisions—General" Section of the Contract. Term-M0C.DocB2/M STANDARD TERMS AND CONDITIONS 1. DEFINITIONS Municipality-The Corporation of the Municipality of Clarington, its successors and assigns. Bidder-The person,firm or corporation submitting a bid to the Municipality. Company - The person, contractor, firm or corporation to whom the Municipality has awarded the contract, it successors and assigns. Contract - The purchase order authorizing the company to perform the work, purchase order alterations,the document and addenda,the bid, and surety. Subcontractor-A person,firm or corporation having a contract with the company for, or any part of, the work. Document - The document(s) issued by the Municipality in response to which bids are invited to perform the work in accordance with the specifications contained in the document. Bid-An offer by a Bidder in response to the document issued by the Municipality. Work- All labour, materials, products, articles, fixtures, services, supplies, and acts required to be done,furnished or performed by the company,which are subject to the Contract. 2. SUBMISSION OF BID Bid invitation shall be in accordance with the Municipality of Clarington Purchasing By-law#94-129 and will apply for the calling, receiving, and opening of bids. The Municipality will be responsible for evaluating bids,awarding and administering the contract in accordance with the Purchasing By-law. The bid must be submitted on the form(s) and in the envelope supplied by the Municipality unless otherwise provided herein. The envelope must not be covered by any outside wrappings, i.e. courier envelopes or other coverings. The bid must be signed by a designated signing officer of the Bidder. If a joint bid is submitted, it must be signed on behalf of each of the Bidders. The bid must be legible, written in ink, or typewritten. Any form of erasure, strikeout or over-writing must be initialled by the Bidder's authorized signing officer. The bid must not be restricted by a covering letter, a statement added, or by alterations to the document unless otherwise provided herein. Failure to return the document or invitation may result in the removal of the Bidder from the Municipality's bidder's list. A bid received after the closing date and time will not be considered and will be returned, unopened. Should a dispute arise from the terms and conditions of any part of the contract, regarding meaning, intent or ambiguity,the decision of the Municipality shall be final. 3. CONTRACT The contract consists of the documents aforementioned. The contract and portions thereof take precedence in the order in which they are named above, notwithstanding the chronological order in which they are issued or executed. The intent of the contract is that the Company shall supply work which is fit and suitable for the Municipality's intended use and complete for a particular purpose. None of the conditions contained in the Bidder's standard or general conditions of sale shall be of any effect unless explicitly agreed to by the Municipality and specifically referred to in the purchase order. 4. CLARIFICATION OF THE DOCUMENT Any clarification of the document required by the Bidder prior to submission of its bid shall be requested through the Municipality's contact identified in the document. Any such clarification so given shall not in any way alter the document and in no case shall oral arrangements be considered. Every notice, advice or other communication pertaining thereto will be in the form of a written addendum. No officer, agent or employee of the Municipality is authorized to alter orally any portion of the document. 5. PROOF OF ABILITY The bidder may be required to show, in terms of experience and facilities, evidence of its ability, as well as that of any proposed subcontractor,to perform the work by the specified delivery date. 6. DELIVERY Unless otherwise stated, the work specified in the bid shall be delivered or completely performed by the Company as soon as possible and in any event within the period set out herein as the guaranteed period of delivery or completion after receipt of a purchase order therefor. A detailed delivery ticket or piece tally, showing the exact quantity of goods, materials, articles or equipment, shall accompany each delivery thereof. Receiving by a foreperson, storekeeper or other such receiver shall not bind the Municipality to accept the work covered thereby, or the particulars of the delivery ticket or piece tally therefor. Work shall be subject to further inspection and approval by the Municipality. The Company shall be responsible for arranging the work so that completion shall be as specified in the contract. Time shall be of the essence of the contract. 7. PRICING Prices shall be in Canadian Funds, quoted separately for each item stipulated, F.O.B. destination. Prices shall be firm for the duration of the contract. Prices bid must include all incidental costs and the Company shall be deemed to be satisfied as to the full requirements of the bid. No claims for extra work will be entertained and any additional work must be authorized in writing prior to commencement. Should the Company require more information or clarification on any point, it must be obtained prior to the submission of the bid. Payment shall be full compensation for all costs related to the work, including operating and overhead costs to provide work to the satisfaction of the Municipality. All prices quoted shall include applicable customs duty, excise tax, freight, insurance, and all other charges of every kind attributable to the work. Goods and Services Tax and Provincial Sales Tax shall be extra and not shown, unless otherwise specified herein. If the Bidder intends to manufacture or fabricate any part of the work outside of Canada, it shall arrange its shipping procedures so that its agent or representative in Canada is the importer of record for customs purposes. Should any additional tax, duty or any variation in any tax or duty be imposed by the Government of Canada or the Province of Ontario become directly applicable to work specified in this document subsequent to its submission by the Bidder and before the delivery of the work covered thereby pursuant to a purchase order issued by the Municipality appropriate increase or decrease in tho price of work shall be made to compensate for such changes as of the effective date thereof. 8. TERMS OF PAYMENT Where required by the Construction Lien Act appropriate monies may be held back until 60 days after the completion of the work. Payments made hereunder, including final payment shall not relieve the company from its obligations or liabilities under the contract. Acceptance by the company of the final payment shall constitute a waiver of claims by the company against the Municipality, except those previously made in writing in accordance with the contract and still unsettled. The Municipality shall have the right to withhold from any sum otherwise payable to the company such amount as may be sufficient to remedy any defect or deficiency in the work, pending correction of it. Payment may be made 30 days after delivery pursuant to the Bidder submitting an invoice, contract requirements being completed and work being deemed satisfactory. 9. PATENTS AND COPYRIGHTS The company shall, at its expense, defend all claims, actions or proceedings against the Municipality based on any allegations that the work or any part of the work constitutes an infringement of any patent, copyright or other proprietary right, and shall pay to the Municipality all costs, damages, charges and expenses, including its lawyers'fees on a solicitor and his own client basis occasioned to the Municipality by reason thereof. The company shall pay all royalties and patent license fees required for the work. If the work or any part thereof is in any action or proceeding held to constitute an infringement, the company shall forthwith either secure for the Municipality the right to continue using the work or shall at the company's expense, replace the infringing work with non-infringing work or modify it so that the work no longer infringes. 10. ALTERNATES Any opinion with regard to the use of a proposed alternate determined by the Municipality shall be final. Any bid proposing an alternate will not be considered unless otherwise specified herein. 11. EQUIVALENCY Any opinion determined by the Municipality with respect to equivalency shall be final. 12. ASSIGNMENT AND SUBCONTRACTING The company shall not assign or subcontract the contract or any portion thereof without the prior written consent of the Municipality. 13. FINANCING INFORMATION REQUIRED OF THE COMPANY The Municipality is entitled to request of the Company to fumish reasonable evidence that financial arrangements have been made to fulfill the Municipality's obligations under the Contract. 14. LAWS AND REGULATIONS The company shall comply with relevant Federal, Provincial and Municipal statutes, regulations and by-laws pertaining to the work and its performance. The company shall be responsible for ensuring similar compliance by suppliers and subcontractors. The contract shall be governed by and interpreted in accordance with the laws of the Province of Ontario. 15. CORRECTION OF DEFECTS If at any time prior to one year after the actual delivery date or completion of the work (or specified warranty/guarantee period if longer than one year) any part of the work becomes defective or is deficient or fails due to defect in design, material or workmanship, or otherwise fails to meet the requirements of the contract, the company, upon request, shall make good every such defect, deficiency or failure without cost to the Municipality. The company shall pay all transportation costs for work both ways between the company's factory or repair depot and the point of use. 16. BID ACCEPTANCE The Municipality reserves the right to award by item, or part thereof, groups of items, or parts thereof, or all items of the bids and to award contracts to one or more bidders submitting identical bids as to price;to accept or reject any bids in whole or in part; to waive irregularities and omissions, if in so doing, the best interests of the Municipality will be served. No liability shall accrue to the Municipality for its decision in this regard. Bids shall be irrevocable for 90 days after the official closing time. The placing in the mail or delivery to the Bidder's shown address given in the bid of a notice of award to a bidder by the Municipality shall constitute notice of acceptance of contract by the Municipality to the extent described in the notice of award. 17. DEFAULT BY COMPANY a. If the company: commits any act of bankruptcy; or if a receiver is appointed on account of its insolvency or in respect of any of its property; or if the company makes a general assignment for the benefit of its creditors; then, in any such case, the Municipality may, without notice:terminate the contract. b. If the company: fails to comply with any request, instruction or order of the Municipality; or fails to pay its accounts; or fails to comply with or persistently disregard statutes, regulations, by-laws or directives of relevant authorities relating to the work; or fails to prosecute the work with skill and diligence; or assigns or sublets the contract or any portion thereof without the Municipality's prior written consent; or refuses to correct defective work; or is otherwise in default in carrying out its part of any of the terms, conditions and obligations of the contract, then, in any such case, the Municipality may, upon expiration of ten days from the date of written notice to the company, terminate the contract. C. Any termination of the contract by the Municipality, as aforesaid,shall be without prejudice to any other rights or remedies the Municipality may have and without incurring any liability whatsoever in respect thereto. d. If the Municipality terminates the contract, it is entitled to: i) take possession of all work in progress, materials and construction equipment then at the project site(at no additional charge for the retention or use of the construction equipment), and finish the work by whatever means the Municipality may deem appropriate under the circumstances; ii) withhold any further payments to the company until the completion of the work and the expiry of all obligations under the Correction of Defects section; iii) recover from the company loss, damage and expense incurred by the Municipality by reason of the company's default(which may be deducted from any monies due or becoming due to the company, any balance to be paid by the company to the Municipality). 18. CONTRACT CANCELLATION The Municipality shall have the right, which may be exercised from time to time, to cancel any uncompleted or unperformed portion of the work or part thereof. In the event of such cancellation, the Municipality and the Company may negotiate a settlement. The Municipality shall not be liable to the Company for loss of anticipated profit on the cancelled portion or portions of the work. 19. QUANTITIES ' Unless otherwise specified herein, quantities are shown as approximate, are not guaranteed to be accurate, are furnished without any liability on behalf of the Municipality and shall be used as a basis for comparison only. Payment will be by the unit complete at the bid price on actual quantities deemed acceptable by the Municipality. 20. SAMPLES Upon request, samples must be submitted strictly in accordance with instructions. If samples are requested subsequent to opening of bids, they shall be delivered within three (3) working days following such request, unless additional time is granted. Samples must be submitted free of charge and will be returned at the bidder's expense, upon request, provided they have not been destroyed by tests, or are not required for comparison purposes. The acceptance of samples by the Municipality shall be at its sole discretion and any such acceptance shall in no way be construed to imply relief of the company from its obligations under the contract. Samples submitted must be accompanied by current Material Safety Data Sheets (MSDS) where applicable. 21. SURETY The successful tenderer shall, if the Municipality in its absolute discretion so desires, be required to satisfy surety requirements by providing a deposit in the form of a certified cheque, bank draft or money order or other form of surety, in an amount determined by the Municipality. This surety may be held by the Municipality until 60 days after the day on which all work covered by the contract has been completed and accepted. The surety may be returned before the 60 days have elapsed providing satisfactory evidence is provided that all liabilities incurred by the company in carrying out the work have expired or have been satisfied and that a Certificate of Clearance from the 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. 22. WORKPLACE SAFETY AND INSURANCE BOARD All of the Company's personnel must be covered by the insurance plan under the Workplace Safety and Insurance Act, 1997. Upon request by the Municipality, an original Letter of Good Standing for the Workplace Safety and Insurance Board shall be provided prior to the commencement of Work indicating all payments by the Company to the Board have been made. Prior to final payment, a Certificate of Clearance must be issued indicating all payments by the Company to the Board in conjunction with the subject Contract have been made and that the Municipality will not be liable to the Board for future payments in connection with the Company's fulfilment of the contract. Further Certificates of Clearance or other types of certificates shall be provided upon request. 23. INSURANCE The company shall maintain and pay for Comprehensive General Liability insurance including premises and all operations. This insurance coverage shall be subject to limits of not less than $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. 24. LIABILITY The company agrees to defend, full indemnify and save harmless the Municipality from all actions, P Y 9 Y fY suits, claims, demands, losses, costs, charges and expenses whatsoever for all damage or injury including death to any person and all damage to any property which may arise directly or indirectly by reason of a requirement of the contract, save and except for damage caused by the negligence of the Municipality or its employees. The Company agrees to defend, fully indemnify and save harmless the Municipality from any and all charges,fines, penalties and costs that may be incurred or paid by the Municipality if the Municipality or any of its employees shall be made a party to any charge under the Occupational Health and Safety Act in relation to any violation of the Act arising out of this contract. 25. VISITING THE SITE The Company shall carefully examine the site and existing building and services affecting the proper execution of the work, and obtain a clear and comprehensive knowledge of the existing conditions. No claim for extra payment will be allowed for work or difficulties encountered due to conditions of the site which were visible or reasonably inferable, prior to the date of submission of Tenders. Bidders shall accept sole responsibility for any error or neglect on their part in this respect. 26. SAFETY 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. 27. UNPAID ACCOUNTS The company shall indemnify the Municipality from all claims arising out of unpaid accounts relating to the work. The Municipality shall have the right at any time to require satisfactory evidence that the work in respect of which any payment has been made or is to be made by the Municipality is free and clear of liens, attachments,claims,demands, charges or other encumbrances. 28. SUSPENSION OF WORK The Municipality may, without invalidating the contract, suspend performance by the company from time to time of any part or all of the work for such reasonable period of time as the Municipality may determine. The resumption and completion of work after the suspension shall be governed by the schedule established by the Municipality. 29. CHANGES IN THE WORK The Municipality may, without invalidating the contract, direct the Company to make changes to the work. When a change causes an increase or decrease in the work, the contract price shall be increased or decreased by the application of unit prices to the quantum of such increase or decrease, or in the absence of applicable unit prices, by an amount to be agreed upon between the Municipality and the Company. All such changes shall be in writing and approved by the Municipality. 30. CONFLICT OF INTEREST No employee or member of Council of the Municipality shall sell goods or services to the Municipality in accordance with the Municipality of Clarington Policy or have a direct or indirect interest in a Company or own a Company which sells goods or services to the Municipality. CORPORATION OF THE MUNICIPALITY OF CLARINGTON CONTRACT NO. CL2001-12 INSTRUCTIONS TO TENDERERS i P/12-10912/Specs/18642/24/24 INDEX INSTRUCTIONS TO TENDERERS CONTRACT NO. CL2001-12 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 3 11. COMMENCEMENT OF WORK . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 12. LOCATION . . . . . . . . . . . . . . . . . . . . . . . . . 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13. SOILS INFORMATION AND CROSS-SECTIONS 3 14. TENDERERS TO INVESTIGATE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 15. INQUIRIES DURING TENDERING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 16. DEFINITION OF OWNER/AUTHORITY AND ENGINEER/CONTRACT ADMINISTRATOR . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 17. ADDENDA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 18. UTILITIES 4 PAGE ONE INSTRUCTIONS TO TENDERERS CONTRACT NO. CL2001-12 1. GENERAL SEALED Tenders plainly marked "Contract No. CL2001-12" will be received until: 2:00:00 p.m., THURSDAY, JUNE 14, 2001 and shall be addressed to: Ms. Patti Barrie, Clerk Corporation of the Municipality of Clarington Municipal Administration Centre 40 Temperance Street Bowmanville, Ontario. L1C 3A6 2. BLANK FORM OF TENDER One copy of the Tender, on the forms provided, shall be submitted. All information requested shall be shown in the tender, in the space provided. 3. TENDER DEPOSITS All tenders shall be accompanied by a certified cheque or a bid bond issued by a surety approved by and in a form containing terms satisfactory to the Municipality's Treasurer, in the minimum amount defined below, made payable to the Authority, as a guarantee for the execution of the Contract. Total Tender.Amount Minimum Deposit..: R aired $ 20,000.00 or less $1,000.00 20,000.01 to 50,000.00 2,000.00 50,000.01 to 100,000.00 5,000.00 100,000.01 to 250,000.00 10,000.00 250,000.01 to 500,000.00 25,000.00 500,000.01 to 1,000,000.00 50,000.00 1,000,000.01 to 2,000,000.00 100,000.00 2,000,000.01 and over 200,000.00 rAll 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. INSTRUCTIONS TO TENDERERS CONTRACT NO. CL2001-12 2. 4. BONDS The Contractor is required to provide a Performance Bond, and a Labour and Material Payment Bond, each in an amount equal to 100 percent of the Total Tender Amount, to guarantee his faithful performance of this Contract and his fulfilment 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. INSTRUCTIONS TO TENDERERS CONTRACT NO. CL2001-12 3. 9. GOODS AND SERVICES TAX (GST) The Tenderer shall NOT include any amount in his tender unit prices for the Goods and Services Tax. The GST will be shown on each payment certificate and will be paid to the Contractor in addition to the amount certified for payment and will therefore not affect the Contract unit prices. 10. EXECUTE CONTRACT Tenders shall be open for acceptance for a period of 60 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 work is located on Mill Street and Lakeshore Road, south of Newcastle and Newtonville, Municipality of Clarington. 13. SOILS INFORMATION AND CROSS-SECTIONS A foundation investigation has been undertaken. The information provided is for guidance only and is not guaranteed by the Authority. A copy of the borehole logs is attached to the contract documents. Design cross-sections may also be viewed for information purposes at the Consultant's office. INSTRUCTIONS TO TENDERERS CONTRACT NO. CL2001-12 4. 14. TENDERERS TO INVESTIGATE Tenderers must satisfy themselves by personal examination of the site and by such other means as they may prefer as to the actual conditions and requirements of the work. The Tenderer shall carefully examine all plans and profiles so that the unit prices tendered are commensurate with the nature of the work. It shall be the Contractor's responsibility to thoroughly inspect the site of the proposed works, determine the location of any buried or obstructing services and make satisfactory arrangements for interference with such service with the proper jurisdictional agency. 15. INQUIRIES DURING TENDERING The Tenderer is advised that inquiries regarding the interpretation of the plans or specifications, shall be directed to the Contract Administrator, TSH, Telephone: 905-372-2121, attention: Will McCrae, P.Eng. or Roy Kempton, P.Eng. 16. DEFINITION OF OWNER/AUTHORITY AND ENGINEER/CONTRACT ADMINISTRATOR Wherever the word "Owner" or "Authority" or "Corporation" appears in this Contract, it shall be interpreted as meaning the "Corporation of the Municipality of Clarington". Wherever the word "Ministry", "M.T.C." or "M.T.O" appears it shall be deemed to mean the "Ministry of Transportation, Ontario" or the "Corporation of the Municipality of Clarington. Wherever the word "Contract Administrator" or "Engineer" appears in this Contract it shall be deemed to mean the Consultants, TSH, or such other officers, as may be authorized by the Authority to act in any particular capacity. 17. ADDENDA The Contractor shall ensure that all addenda issued during the tendering period are attached as part of the submitted bid. Failure to do so will result in disqualification of the bid. 18. UTILITIES For additional information regarding existing utilities the Contractor may contact the following personnel: Veridian Hydro: Mr. Peter Petriw, P.Eng. EnbridgeConsumers Gas:Mr. Frank Cholewa Tel: 888-420-0070 Tel: 800-361-0621 extension 3252 extension 2672 Bell Canada: Mr. Mark Clarey Rogers Cable Inc.: Ms. Cindy Ward Tel: 905-433-3632 Tel: 905-436-4138 CORPORATION OF THE MUNICIPALITY OF CLARINGTON CONTRACT NO. CL2001-12 t SPECIAL PROVISIONS - GENERAL P/12-10912/Specs/18643/24/4 r INDEX SPECIAL PROVISIONS-GENERAL CONTRACT NO. CL2001-12 CLAUSE SUBJECT PAGE 1. PLAN QUANTITY ITEMS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 2. GUARANTEED MAINTENANCE . . . . . . . . . . . . . 1 3. CONTRACT TIME AND LIQUIDATED DAMAGES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 4. CONTRACTOR'S AUTHORIZED REPRESENTATIVE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 5. OPS GENERAL CONDITIONS. - . . • . . . • . . . . • . • . . • . . • . . . . . . . . . . . . . . . . . . . . . • . . . • 3 6. LAYOUT 3 7. LABOUR CONDITIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 8. RESTRICTIONS ON OPEN BURNING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 9. SUPPLY OF MATERIALS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 10. PAYMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8 11. UTILITIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 12. HAUL ROADS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 13. DUST CONTROL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 14. TRAFFIC CONTROL, FLAGGING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 15. CONTRACTOR'S SUPPLY OF CONSTRUCTION SIGNS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 16. MAINTENANCE OF TRAFFIC . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 17. EMERGENCY AND MAINTENANCE MEASURES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 18. ENGINEERING FIELD OFFICE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 19. MANAGEMENT AND DISPOSAL OF EXCESS MATERIAL . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 20. OCCUPATIONAL HEALTH AND SAFETY ACT 1991 - DESIGNATED SUBSTANCES . . . . . . . . 13 21. WORKPLACE HAZARDOUS MATERIAL INFORMATION SYSTEM (WHMIS) . . . . . . . . . . . . . . 14 22. SPILLS REPORTING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 23. TRAFFIC AND STREET SIGNS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 24. GARBAGE COLLECTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 25. ASPHALT MIX DESIGNS 15 26. AMENDMENT TO OPSS 1350 - CONCRETE- MATERIALS AND PRODUCTS . . . . . . . . . . . . . . 15 27. AMENDMENT TO OPSS 1301 - HYDRAULIC CEMENTING MATERIALS . . . . . . . . . . . . . . . . . 16 28. APPLICABLE STANDARD SPECIFICATIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 29. AMENDMENT TO OPSS 353 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 30. AMENDMENT TO OPSS 102 . . . . . • . . • • • • • . • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 31. AMENDMENT TO OPSS 570 . . 18 32. AMENDMENT TO OPSS 1820; CONCRETE PIPE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 33. DELIVERY OF TEST SAMPLES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 34. PREPARATION AND POSTING OF REQUIREMENTS FOR WORK IN CONFINED SPACES . . . . 19 35. CONFINED SPACE ENTRY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 36. COMPLIANCE WITH THE OCCUPATIONAL HEALTH AND SAFETY ACT . . . . . . . . . . . . . . . 20 37. GOVERNMENTAL REQUIREMENTS . . 22 38. ENTRY ONTO PRIVATE PROPERTY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 39. STORAGE AREAS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 40. GENERAL LIABILITY INSURANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 41. CONSTRUCTION LIEN ACT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 42. PROPERTY OWNER'S RELEASE OF PRIVATELY OWNED LAND USED BY THE CONTRACTOR . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 43. WORKPLACE SAFETY AND INSURANCE BOARD . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 44. ENVIRONMENTAL PROTECTION PLAN . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 45. REVIEW OF SHOPIWORKING DRAWINGS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 PAGE ONE SPECIAL PROVISIONS - GENERAL CONTRACT NO. CL2001-12 1. PLAN QUANTITY ITEMS Measurement for payment of the items designated (P) in the itemized bid is by plan quantity, as may be revised by adjusted plan quantity. 2. GUARANTEED MAINTENANCE Section GC7.15.02 of the General Conditions is revised in that the Contractor shall guarantee and maintain the entire work called for under this Contract for a period of twenty-four(24) months. The Contractor shall make good in a permanent manner, satisfactory to the Authority, any and all defects or deficiencies in the work, both during the construction and during the period of maintenance as aforesaid. The Contractor shall commence repairs on any work identified as defective under this clause within 48 hours of receipt of notice from the Authority or the Contract Administrator. The decision of the Authority and the Contract Administrator shall be final as to the necessity for repairs or for any work to be done under this Section. 3. CONTRACT TIME AND LIQUIDATED DAMAGES (1) Time Time shall be the essence of this contract. For purposes of this Contract, GC1.04 of the General Conditions is revised, in that Contract Time means the time stipulated herein for Completion of the Work as defined in Clause GC 1.06. (2) Progress of the Work and Contract Time The charging of working days shall commence on Monday, July 16,2001 and the Contractor shall diligently prosecute the work on this contract to completion on or before the expiration of seventy (70) 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 these provisions will be considered to be included in the prices bid for the various items of work and no additional compensation will be allowed therefore. SPECIAL PROVISIONS-GENERAL CONTRACT NO. CL2001-12 2. 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. (3) Working Day Working Day as defined in GC 1.04 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, the parties hereto agree that the Contractor will pay to the Authority the sum of FOUR HUNDRED DOLLARS ($400.00) as liquidated damages for each and every calendar day's delay in achieving completion of the work 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. 4. CONTRACTOR'S AUTHORIZED REPRESENTATIVE Authorized representative as referenced in GC7.01.07 is defined as an employee of the Contractor. SPECIAL PROVISIONS-GENERAL CONTRACT NO. CL2001-12 3. 5. OPS GENERAL CONDITIONS Wherever in this Contract reference is made to the General Conditions, it shall be interpreted as meaning the OPS General Conditions of Contract, September 1999. 6. LAYOUT Section GC7.02, Layout, is hereby revised by the deletion of Parts 03), 04), 05), and 06), and by the addition of the following: The Contract Administrator shall lay out and establish the primary alignment and grade controls necessary for construction. The Contractor shall provide the Contract Administrator with sufficient advance notice of his requirements to permit appropriate scheduling of the layout work. The layout performed by the Contract Administrator shall be sufficient to permit construction of the work by the Contractor in compliance with the Contract Documents, but shall not relieve the Contractor of his responsibility for the provision of qualified personnel and normal tools of the trade, as necessary for the transfer or setting of the secondary lines and grades from the primary controls provided. Tools of the trade are interpreted to include but not necessarily be limited to hand and line levels, boning rods, tape measures, lasers, etc. 7. LABOUR CONDITIONS General This Special Provision is to be read in conjunction with Section GC8.02.06, Payment of Workers, of the General Conditions of the Contract and is subject to The Industrial Standards Act, The Employment Standards Act, 1980 and the regulations made thereunder. The wage rates set out in the Roads and Structures Fair Wage Schedule are subject to change periodically. Any increase in costs incurred by a change in the wage rates shall be borne by the Contractor. Definitions For the purposes of this Special Provision, (a) "regular rate" means, (i) the hourly rate paid to an employee for their normal non-overtime work week, or; (ii) in the case of an employee to whom sub-clause (i) does not apply, the amount obtained by dividing their total earnings for the week by the number of hours they worked in the week. SPECIAL PROVISIONS-GENERAL CONTRACT NO. CL2001-12 4. (b) "work on roads" 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; and; (c) "work on structures" means the construction, reconstruction, repair, alteration, remodelling, renovation or demolition of any bridge, tunnel or retaining wall and includes the preparation for and the laying of the foundation of any bridge; tunnel or retaining wall and the installation of equipment and appurtenances incidental thereto; provided, however, that the Minister of Labour, Ontario may at his/her sole discretion determine whether any particular work is to be classified as work on roads or as work on structures and such decision may be made notwithstanding the definitions herein contained. Hours of Work and Wages The regular work week for a person employed on work on roads being done under this Contract or any other Contract subject to these or similar labour conditions shall not exceed 55 hours and all time worked by such person in excess of 55 hours a week shall be overtime except that part of the hours of work in excess of 55 hours a week which together with the hours worked in the preceding week do not exceed 55 hours in that preceding week. But, in no case shall the number of hours that can be included in the hours of work for that preceding week exceed 22 hours. The regular work week for a person employed on work on structures being done under this Contract or any other Contract subject to these or similar labour conditions shall not exceed 50 hours and all time worked by such person in excess of 50 hours a week shall be overtime except that part of the hours of work in excess of 50 hours a week which, together with the hours worked in the preceding week do not exceed 50 hours in that preceding week. But, in no case shall the number of hours that can be included in the hours of work for that preceding week exceed 22 hours. Every person employed by the Contractor or a sub-contractor or other person to do any part of the work contemplated by this Contract shall be paid while employed on such work at not less than the wage rate set out in the Roads and Structures Fair Wage Schedule for the appropriate classification of such work or not less than such other wage rates as, during the continuance of the work, are fixed by the Minister of Labour, Ontario, for hours of work that are not overtime and shall be paid one and one half times his/her regular rate for all hours of work that are overtime. Notwithstanding that a Contractor pays wages in excess of the wage rates set out in the Roads and Structures Fair Wage Schedule, he shall not, in computing overtime wages payable to an employee, set off against such overtime wages any part of the wages earned by the employee in respect of their regular work period. Where a person is working on more than one Contract that is subject to these conditions, ' including any municipal Contract that contains similar labour conditions, the regular work week and the entitlement to overtime for that person shall be based upon the total hours worked on all such Contracts and if, on this basis, overtime is worked on this Contract the Contractor shall pay SPECIAL PROVISIONS-GENERAL CONTRACT NO. CL2001-12 5. ' such person at the overtime rate and no waiver by that person of this entitlement to overtime wages and no interposition of a third party by way of an employment agency or as the nominal employer of that person shall relieve the Contractor of his/her obligation to pay that person the overtime wages. Decisions by Minister of Labour Where there is no appropriate classification set out in the Roads and Structures Fair Wage Schedule for any particular class of work, the Minister of Labour, Ontario, may designate or establish the appropriate classification and the wage rate. The Contractor, upon receipt of notice of any decision of the Minister of Labour, Ontario, made under this Contract, shall immediately adjust the wage rates, hours and classification of work so as to give the effect to such decision. Fair Wage Schedule The Contractor shall make applicable to this Contract and post, in accordance with Section GC7.11 of the General Conditions of the Contract, the current edition of the Ontario Ministry of Labour's Roads and Structures Fair Wage Schedule and any amendments thereto. Contractor to Keep Records Which are to be Open for Inspection The Contractor shall keep proper books and records showing the names, trades, addresses and hourly wage rates of all workers in his/her employ or employed on this Contract through an employment agency and the wages paid to and time worked by such workers both at regular wage rates and at overtime wage rates, and the books or documents containing such records shall be open for inspection by officers of the Government at any time it may be expedient to the Minister ' of Labour to have the same inspected. Ministry Requirements Before Payments Made to Contractor The Contractor shall from time to time upon request furnish the Ministry with such detailed information and evidence as may be required in order to establish that these labour conditions have been complied with not only by him/her but by any sub-contractor or other person doing any part of the work contemplated by the Contract. Off Site Work The Labour Conditions are intended for application primarily to work on the Contract site. Work that is carried out on sites that are not in the immediate vicinity of the Contract site or that are not used exclusively for the purposes of Contracts including Municipal Contracts, containing similar labour conditions will not be subject to the Labour Conditions. SPECIAL PROVISIONS-GENERAL CONTRACT NO. CL2001-12 6. Training Period for Equipment Operators (a) Employees, other than students, learning to operate equipment are classified as "Apprentice Equipment Operators" during, (i) their first three months operating equipment which does not require a licensed operator; ' or (ii) their first 18 months operating equipment which requires a licensed operator. (b) The wages for apprentice equipment operators are as follows: Windsor Zone The wage rate for Cement Improver Hamilton Zone The wage rate for Asphalt Raker Toronto Zone The wage rate for Asphalt Raker Ottawa Zone The wage rate for Skilled Labourer ' Provincial Zone The wage rate for Skilled Labourer. Pile Driver Employees other than an operator are to be classified as "Pile Driver Men" and shall be entitled to the wage rate for "Labourer" - Structure Section. Servicing of Equipment by Operator "On Site" The Operator shall be entitled to his/her wage rate for the work in accordance with the terms of the "Special Provisions - Labour Conditions." 1 Travelling Time Travelling time will not be subject to the Fair Wage Schedule. The hours and wages or monies paid for travelling time are to be deleted from the wage record of an employee in computing his/her wage entitlement. ' Gravel and Chip Spreader -Provincial Zone Employees engaged in this classification of work shall be paid the wage rate of Equipment and Maintenance Operator, Group 'B'. Room and Board Allowance The amount of room and board allowance will be negotiated between the employer and employee but in no case will the net amount of wages due to an employee be less than such wages an employee in General Construction work would receive at the minimum wage and overtime at one and one-half times that rate for hours worked in excess of forty-four a week and the maximum ' SPECIAL PROVISIONS-GENERAL CONTRACT NO. CL2001-12 7. r deduction for Room and Board per week as allowed by Regulation under the Employment Standards Act. 1 Farm or Industrial Tractors with Attachments The attachment must be power operated and be an integral part of the tractor. Wage Rates for Students (a) Students employed as FLAGPERSONS or WATCHPERSONS shall be entitled to the wage rate for these classifications. (b) Students performing work in positions that are classified in the Fair Wage Schedule, other than FLAGPERSONS or WATCHPERSONS, shall be entitled to receive the student rate, notwithstanding the rate set out in the Schedule for the classification applicable to the work. (c) Students employed for more than three months in a classified position shall then be entitled to the wage rate for that classification. ' (d) Students performing work in positions that are not classified in the Fair Wage Schedule shall be entitled to receive the student rate, regardless of the location of the Contract. 8. 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. 9. SUPPLY OF MATERIALS All materials necessary for the proper completion of the work shall be supplied by the Contractor, except as specifically noted, and the payment provided in the Contract shall be deemed to include full compensation for the supply of such materials. Materials listed in OPSS 128 and as amended from time to time, shall be supplied only from sources designated in the Ministry of Transportation Manual of Designated Sources for Materials. Amendment to OPSS 128 Section 128.05.02 of OPSS 128 is amended in that the list of materials to be supplied from designated sources is revised: 1 SPECIAL PROVISIONS-GENERAL CONTRACT NO. CL2001-12 8. ' (1) By the deletion of the following; 6.85.25 Flasher Beacon, Aluminum(121.310) 9.20.10 Coal Tar Epoxy (2) By the addition of the following_. ' 9.20.10 (Structural Steel) Coal Tar Epoxy 9.20.15 (Structural Steel) Coal Tar Epoxy ' 10. PAYMENTS Except as herein provided, payments under this Contract will be made in accordance with Section GC8.02.03 of the General Conditions. Notwithstanding the provisions of the General Conditions respecting certification and payment, the Authority may withhold 21h 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) Iand advertise the Certificate of Substantial Performance per GC8.02.03.04(03). The Completion Payment Certificate to include statutory holdback release, will be issued within ' 120 days after the date for completion as specified under GC 1.06. The date for interest due to late payment shall commence following 180 days after the date of completion of the work. As a condition of the final holdback payment, the Contractor shall provide the required Property Owner's Releases as specified elsewhere, as appropriate. The Contractor shall include in his price for the publication of the Certificate of Substantial Performance. Publication is mandatory whether Contractor requests Substantial Performance or not. The Contractor is advised that the Authority may withhold payment on Interim and Holdback ' Release Certificates up to 30 calendar days from the date of receipt of the executed Payment Certificates. 11. UTILITIES Sections GC2.01 and GC7.12 02) of the General Conditions are deleted in their entirety and are replaced by the following: The Contractor shall be responsible for the protection of all utilities at the job site during the time of construction. ' SPECIAL PROVISIONS -GENERAL CONTRACT NO. CL2001-12 9. ' 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. 12. 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. 13. DUST CONTROL As a part of the work required under Section GC7.06 of the General Conditions, the Contractor shall take such steps as may be required to prevent dust nuisance resulting from his operations either within the right-of-way or elsewhere or by public traffic where it is the Contractor's responsibility to maintain a roadway through the work. Where the work requires the sawing of asphalt or the sawing or grinding of concrete, blades and grinders of the wet type shall be used together with sufficient water to prevent the incidence of ' dust, wherever dust would affect traffic or wherever dust would be a nuisance to residents of the area where the work is being carried out. The cost of all such preventative measures shall be borne by the Contractor except however where water or calcium chloride is used to reduce the dust caused by traffic on a roadway which it is the Contractor's responsibility to maintain for public traffic, the cost of such quantities of water and calcium chloride as are authorized by the Contract Administrator to restrict dust to acceptable levels, shall be paid for by the Authority at the contract prices for Application of Water or Application of Calcium Chloride. 14. TRAFFIC CONTROL FLAGGING 1 Flagging for traffic control on this Contract shall be in conformance with the procedure outlined in the pamphlet entitled "Correct Methods for Traffic Control" issued by the Construction Safety Associations of Ontario. Copies of this pamphlet may be obtained by request from the Ministry of Transportation's District Office. Each flagman shall, while controlling traffic, wear the following: (i) an approved fluorescent blaze orange or fluorescent red safety vest, and SPECIAL PROVISIONS-GENERAL CONTRACT NO. CL2001-12 10. ' (ii) an approved fluorescent blaze orange or fluorescent red armband on each arm, and (iii) an approved fluorescent blaze orange or fluorescent red hat. 15. CONTRACTOR'S SUPPLY OF CONSTRUCTION SIGNS In accordance with Section GC7.06 of the General Conditions, the Contractor is responsible for the supply, erection, maintenance and subsequent removal of all temporary traffic controls, including signs, lights, barricades, delineators, cones, etc., required on the work. ' Traffic controls shall be provided in general accordance with the latest edition of the "Manual of Uniform Traffic Control Devices", Division 5. As a minimum requirement and without restricting the Contract Administrator or the Authority in requiring further controls, the following signs shall be supplied: SignN *******be* I gn 1Vlessage lY....— Re. urretl Xx TC-1 CONSTRUCTION 6 TC-3L LANE CLOSED AHEAD 2 TC-3R LANE CLOSED AHEAD 2 TC-3tL LEFT LANE CLOSED 2 TC-3tR RIGHT LANE CLOSED 2 TC-41A CONSTRUCTION ZONE BEGINS 8 ' TC-41B CONSTRUCTION ZONE ENDS 8 Traffic controls shall be operational before work affecting traffic begins. 16. MAINTENANCE OF TRAFFIC ' The following traffic maintenance arrangements shall be in effect during work on this Contract. The existing roadway and bridge structure on Mill Street shall remain in place for maintenance of vehicular and pedestrian traffic Pedestrian traffic shall be maintained at all times. A temporary walkway in Granular 'A' shall be provided as directed and the material used shall be paid for under the Items appropriate to such work. The Contract Administrator may require the use of protective barriers, sidewalk diversion or other controls to provide for pedestrian safety. It is the intention of the Contract that every reasonable effort shall be made to provide vehicular access to homes and other properties within the contract limits at the end of each working day. 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. ' SPECIAL PROVISIONS -GENERAL CONTRACT NO. CL2001-12 11. ' Notwithstanding the preceding, the Contractor shall at all times maintain the roadway surface within the contract limits in a condition satisfactory to the Engineer and such that any emergency vehicles may have immediate access to any building located within the limits of this Contract. The Contractor shall be responsible for all signing at the contract limits and within the contract limits. The Contractor shall ensure the signing is properly maintained while in use. It shall be the Contractor's responsibility to directly notify Police, Fire, Hospital and Ambulance services of road closures at least 24 hours in advance of such closures and to notify these same authorities when such closures are no longer in effect. It is the Contractor's responsibility to advertise all road closures in local newspapers a minimum of one week in advance of such closure. The newspaper advertisement shall indicate the date of closing of the roadway and the length of time for which the road will be closed. This advertising is in addition to the notification required for Police, Fire, Hospital and Ambulance as indicated above. The Contractor shall be responsible for all detour signing outside the contract limits. 17. 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. ' 18. ENGINEERING FIELD OFFICE The Contractor, shall, at no additional expense to the Authority, supply an office for the exclusive use of the Contract Administrator. This office shall be located as directed by the Engineer, but in no case shall be more than one kilometre from the Contract limit. The Contract Administrator's office shall have a minimum of 17 mZ of floor area, with a clear ceiling height of not less than 2.3 m, weatherproof, insulated walls and roof and a tight wooden floor raised at least 0.3 in clear of the ground. The office shall be fitted with a minimum of two glazed windows, both of which can be opened and are fitted with screens. The door shall have a reliable lock, all keys for which shall be in the care of the Contract Administrator. The Contractor shall supply electric light, heat when required, and an air conditioner of 8,000 BTU minimum when required, to the Contract Administrator's satisfaction and shall furnish the office with a minimum of one desk with drawers, one drafting table, five chairs, two drafting stools, one filing cabinet, a waste paper basket and a broom. ' SPECIAL PROVISIONS-GENERAL CONTRACT NO. CL2001-12 12. ' Where the Contractor elects to supply a combination office for the use of the Contract Administrator and his own staff, the minimum requirements for the Contract Administrator's accommodation as outlined shall be met. In addition, separate outside access for each office shall be provided and the Contract Administrator's office shall be partitioned off from that of the Contractor, on the inside. Any inside connecting door between the two offices shall be fitted with a lock or closer on the Contract Administrator's side. Where the field office is situated remote from a built-up area and where alternate toilet facilities are not available, the Contractor shall also supply an acceptable chemical or equivalent dry toilet, i in a location convenient to the Contract Administrator's office. The field office and other facilities shall be provided at the site within 14 days of the Date of Notification to Commence Work or on the date of the Contractor's actual commencement of ' work, whichever date occurs first, and shall remain at the site, if the Contract Administrator so requires, for a period of up to two months after the completed work is accepted by the Authority. Field office shall be equipped with a facsimile machine for the use of the Contract Administrator 19. MANAGEMENT AND DISPOSAL OF EXCESS MATERIAL The requirements of OPSS 180 shall apply to this Contract, revised as follows: 1 .1 Section 180.03, Definitions, shall be amended by the addition of the following: Work area: means the road allowance, right-of-way, and property with a boundary common to the road allowance or right-of-way within the Contract limits. .2 Subsection 180.07.02, Conditions on Management by Re-Use, shall be amended by the addition of the following: ' Recycled hot mix asphalt or excess bituminous pavement shall not be used as trench backfill or bedding. ' Th,., form to he used Kith Ontarro Provncral Standard Spenficaw)n 180 SITE SELECTION NOTIFICATION FOR MANAGEMENT AS DISPOSABLE FILL ' Contract Information Contract No. Owner. The following describes the notification process between the Owner of the Contract and the Contractor. wherein the Contractor formally notifies the Owner that agreement has been reached with a third party ' property owner for the disposition.of Contract generated excess material. Such excess material, managed as disposable fill shall be limited to one of or a combination of: earth;aggregate;swamp material; rock; natural wood and debris from open fires, provided the conditions on management are satisfied. Site Information Property Owner(s) for the subject property. The subject property. Lot .Concession ,Township of County/RegkxVDistrict of ,Quantity and Type of Excess Material used as rdk This is to notify you, as Owner, that permission has been obtained from the property owner(s) named herein for the 1 management of excess materials from this Contract. The property owner has also been provided with a copy of this form and has been advised that a Property Owner's Release Form,OPSF 1803,will be required The use of this management site will comply with the following: ' Conditions on Mmmgmtent Bituminous pavement,concrete,masonry,wood which has been treated,coated or glued,and metal,plastic,and polystyrene products will not be accepted for management as disposable fill. Swamp material managed as disposable OR will be top covered by a minimum of 300 mm of earth or topsoil.Swamp material managed as disposable fill may only be placed a. a minimum of 2 m above the level of ground water. ' b. a minimum of 30 m from water bodies; C. a minimum of 100 m from any water wells;and d. a minimum of 100 m from residences. S These conditions do not supersede any constraints imposed on this property by Federal,Provincial or Municipal statute or regulations and bylaws made thereto. Dated this—day of 19_ Print Contractor's Name & Field Representative's Name Contractor's Feld Representative signature Property Owner(s)Signature(s) ' This form to be used with Ontario Provtnctal Standard Spcaficatton 180 SITE SELECTION NOTIFICATION FOR MATERIALS STOCKPILING Cowwct Injomiation Contract No. Owner. ' The following describes the notification process between the Owner of the Contract and the Contractor. wherein the Contractor formally notifies the Owner that agreement has been reached with a third party property owner for the stockpiling of Contract generated excess material.Such excess material,stockpiled for re-use, may be one of or a combination of: earth; aggregate; swamp material; rock concrete; masonry, bituminous pavement; natural wood; metal, plastic.and polystyrene;wood which has been treated,coated or glued and debris from open fires, provided the conditions on management are satisfied. Site Infmwtion ' Property Owner(s) for the subject property: The subject property. ' Lot ,Concession .Township of County/Region/District of , Quantity and Type of Excess Material stockpiled 'Ibis is to notify you, as Owner, that permission has been obtained from the property owners) named herein for the management of excess materials from this Contract. The property owner has also been provided with a copy of this form ' and has been advised that a Property Owner's Release Form,OPSF 1803,will be required.The use of this management site will comply with the following: Conditions on Management ' It is understood that materials are stockpiled to be re-used or held for disposal at a certified waste disposal site.Stockpiles of natural wood,manufactured wood,debris from open fins and swamp material may only be located a. a minimum of 2 in above the level of ground water. b. a minimum of 30 m from water bodies; C. a minimum of 100 m from any water welly and d. a minimum of 100 m from residences. ' Stockpiles of bituminous pavement,concrete and masonry may only be located a. a minimum of 30 m from water bodies;and b. a minimum of 100 m from residences unless 1. on property with a boundary common to a right-of-way,within the contract limits,for a period rtes exceeding 120 calendar days,or 2 such stockpiles arc located within a provincial or municipal works yard or in a commercially licensed pit or ' quarry. These conditions do not supersede any constraints imposed on this property by Federal,Provincial or Municipal statute or regulations and bylaws made thereto. 1 Dated this day of 19 Print Contractor's Name&Field Representative's Name Contractor's Field Representative signature Property Owner(s)Signature(s) This form to be used with Ontario Provincial Standard Specification 180 PROPERTY OWNER'S RELEASE Contract No. Work Description: I/We wing the owner(s) of Lot , Concession Township of , and County/Region /District of verify that the Contractor for the above noted work has placed excess material from the above noted Contract on my/our property with my/our permission. II/We have been advised by the Contractor of the "Conditions on Management" described in OPS Forms 1800 or 1801, "Site Selection Notification for Management as Disposable Fill,or"Site Selection Notification for Materials Stockpiling",respectively,or both,and have been assured by the Contractor that these conditions have been met. Where materials are managed as disposable fill, I/We agree to be responsible for any subsequent relocation and management of the material so placed. Where materials are to be stockpiled,I/We agree that the stockpile(s)will be removed by the date(s) herein noted. Dated this day of 19 Print Contractor's Name & Field Representative's Name Contractor's Field Representative signature Property Owner(s) Signature(s) Copies to: Contract Administrator. Property Owner(s), Contractor OPSF 1803 ris form to be used Mvh Ontario Provincial Standard Specification 180 WASTE QUANTITY REPORT For Solid Non-hazardous Industrial and Commercial Waste Contract No. Contractor- Material Description Location of Disposal Site and Quantity of Materials Certificate of Approval Number OPSF 1805 SPECIAL PROVISIONS-GENERAL CONTRACT NO. CL2001-12 13. 20. OCCUPATIONAL HEALTH AND SAFETY ACT 1991 -DESIGNATED SUBSTANCES In accordance with the requirements of Section 18a(1) of the Occupational Health and Safety Act, the Authority has determined that the designated substances as listed hereunder are present on the site and within the limits of this Contract. Des natedSubstance Icleptified on this Site Location Acrylonitrile No Arsenic No Asbestos No Benzene No Coke Oven Emissions No Ethylene Oxide No Isoc hates No Lead No Mercury No Silica No Vin 1 Chloride No It is the responsibility of the Contractor to ensure that all sub-contractors performing work under this Contract have received a copy of this specification, where Designated Substances are identified as being present at the site of the work. The Contractor shall comply with the governing Ministry of Labour Regulations respecting protection of workers, removal, handling and disposition of the Designated Substances encountered on this Contract. Prior to commencement of this work, the Contractor shall provide written notification to the Ministry of the Environment at 7 Overlea Boulevard, Toronto, Ontario, M4H 1A8, of the location(s) proposed for disposal of Designated Substances. A copy of the notification shall be provided to the Contract Administrator a minimum of two weeks in advance of work starting. 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. SPECIAL PROVISIONS-GENERAL CONTRACT NO. CL2001-12 14. Should a Designated Substance not herein identified be encountered in the work, then management of such substance shall be treated as Extra Work. 21. 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 Material Safety Data Sheets shall accompany the submission. All containers used in the application of products controlled under WHMIS shall be labelled. The Contractor shall notify the Contract Administrator of changes to the list in writing and provide the relevant Material Safety Data Sheets. 22. SPILLS REPORTING Spills or discharges of pollutants or contaminants under the control of the Contractor, and spills or discharges of pollutants or contaminants that are a result of the Contractor's operations that cause or are likely to cause adverse effects shall forthwith be reported to the Contract Administrator. Such spills or discharges and their adverse effects shall be as defined in the Environmental Protection Act R.S.O. 1980. All spills or discharges of liquid, other than accumulated rain water, from luminaires, internally illuminated signs, lamps, and liquid type transformers under the control of the Contractor, and all spills or discharges from this equipment that are a result of the Contractor's operations shall, unless otherwise indicated in the Contract, be assumed to contain PCB's and shall forthwith be reported to the Contract Administrator. This reporting will not relieve the Contractor of his legislated responsibilities regarding such spills or discharges. 23. TRAFFIC AND STREET SIGNS The Contractor will be responsible for the removal and salvage of existing traffic and street signs, and their delivery to the Authority's Works Department Yard, for re-erection by the Authority following completion of the work. Works yard is located on Taunton Road near Hampton. Scheduling for sign removal shall be as approved in advance by the Contract Administrator. Regulatory signs such as "Stop" and "Yield" must be maintained throughout. SPECIAL PROVISIONS-GENERAL CONTRACT NO. CL2001-12 15. 24. GARBAGE COLLECTION The Contractor will be responsible for ensuring that garbage collection, including recyclables, is maintained and when necessary, the Contractor shall make arrangements directly with the collecting agency, to permit and coordinate pick-up. Garbage pick-up is handled by Canadian Waste Services, at 1-800-789-8886. Recyclable material is handled by Miller Waste Systems at 905-723-8588. 25. ASPHALT MIX DESIGNS The Contractor shall be responsible for the provision of current mix designs for all hot mix asphalt required for the work, or for having the necessary mix designs prepared by a certified laboratory. The mix designs proposed for use by the Contractor shall be submitted in writing to the Contract Administrator for his approval and no work shall commence until the design mixes are approved. All costs associated with the provision of approved mix designs shall be borne by the Contractor. Steel slag and blast furnace slag coarse and fine aggregates shall not be used in any hot mix required by this Contract. 26. AMENDMENT TO OPSS 1350 - CONCRETE -MATERIALS AND PRODUCTS 1) Subsection 1350.04.01.01 is amended by the addition of the following: Strength Test Data The contractor shall produce the following information with regard to the mix design. The information shall consist of test data from a laboratory or field mixed batch of concrete, or a summary of test data from previous work using similar concrete mix proportions, as follows: r (i) Laboratory or Field Mixed Batch of Concrete ■ The test data shall include compressive strength tests consisting of at least one set of standard cylinders tested at 7 days, and 1 set of standard cylinders tested at 28 days. For mixes with cementitious hydraulic slag, the compressive strength tests shall also include one set of standard cylinders tested at 3 days. The air content, temperature and slump of the samples of concrete used to fabricate the test cylinders shall be stated. Note: The intent of the laboratory or field mixed batch of concrete is to indicate the ability of the proposed mix proportions to produce concrete of the required properties. SPECIAL PROVISIONS-GENERAL CONTRACT NO. CL2001-12 16. (ii) Summary of Test Data The test data shall include at least ten consecutive 28 day strength tests from previous work. The data shall report individual strength tests and the average of all groups of three consecutive strength tests. The air content and slump of the samples of concrete used to fabricate the test cylinders shall be stated. The tests shall have been carried out within a period of two years prior to the award of the contract. 2) Subsection 1350.05.01.01 is amended by deleting paragraphs 3 through 5 and replacing them with the following: Portland Cement shall be used, however, up to 25% of it may be replaced by a ground granulated blast furnace slag. Slag shall not be used for lean concrete base. 3) Subsection 1350.05.01 is amended by the addition of the following: A certificate of compliance shall be provided at the time of submittal of the mixture design if the concrete aggregate proposed in the mix design is supplied from a source for which the Concrete Aggregate Sources List shows "approval by stockpile only". The compliance certificate shall indicate that the stockpiled aggregate at the ready-mix plant meets the requirements of OPSS 1001 and OPSS 1002 and any special requirements shown in the Remarks of the Aggregate Sources List. Testing shall be conducted by any laboratory that participates in the Owner's Interlaboratory Correlation Program for testing of aggregates. Basis of Payment All costs for the above work shall be included in the contract price for the appropriate concrete item(s). Section 1301.01 "Scope" of OPSS 1301 is deleted and replaced with the following: 27. AMENDMENT TO OPSS 1301 -HYDRAULIC CEMENTING MATERIALS This specification covers the requirements for Portland cements, blended hydraulic cements and supplementary cementing materials together with the method of sampling, testing, delivery, handling and storage, prior to proportioning. The following types of cementing materials are covered by this specification: Portland Cements: Type 10 Normal Intermediate Grind Type 20 Moderate Type 30 High Early- Strength Type 40 Low Heat of Hydration Type 50 Sulphate Resistant SPECIAL PROVISIONS-GENERAL CONTRACT NO. CL2001-12 17. Blended Hydraulic Cements: Type 10-S Portland Blast Furnace Slag Cement Type 10-SM Slag-Modified Portland Cement Type 10-P Portland Pozzolan Cement Supplementary Cementing Materials: Slag Type G- Ground Granulated Blast Furnace Slag Section 1301.02 "References" of OPSS 1301 is amended by the deletion of the reference to CSA Standard "A363-M83 Cementitious Hydraulic Slag". Sub-Section 1301.05.01 "Physical and Chemical Requirements" of OPSS 1301 is amended by deleting the first paragraph and replacing it with the following: Except as modified herein, cementing materials shall conform to the physical and chemical requirements of CAN3-A5, CAN3-A362 or CAN-A23.5 depending on the cementing material type used. Ground granulated blast furnace slag shall also conform to the supplementary optional chemical and physical requirements of CAN3-A23.5 with the exception of the requirements for "Re-activity with Cement Alkalies". 28. APPLICABLE STANDARD SPECIFICATIONS Ontario Provincial Standard Specifications (OPSS) governing the work of this Contract shall be as listed in the "Schedule of Tender Data", Section H, with the applicable date of issue as indicated for each Specification. With the exception of OPSS 127 and 128, these Specifications shall remain in effect throughout the duration of this Contract, whether or not they be modified or re-issued by the responsible agency subsequent to the tender advertising date. The issues of OPSS 127 and 128 which are current at the time the work is performed or material furnished, shall govern. 29. AMENDMENT TO OPSS 353 Air Content of Concrete 353.05.01 Concrete Subsection 353.05.01 of OPSS 353, September 1996, is amended by the addition of the following: SPECIAL PROVISIONS-GENERAL CONTRACT NO. CL2001-12 18. The air content of concrete placed by extrusion methods shall not be less than 4.5% when tested in place in a plastic state. 30. AMENDMENT TO OPSS 102 Scale Accuracy Section 102.08.01 of OPSS 102, October 1992, is amended by the addition of the following. Scale accuracy tolerances and Limits of Error are defined as 0.20% of the indicated load where "Indicated" load refers to the weight of the vehicle used in conducting the performance test when measured at the centre of the platform. 31. AMENDMENT TO OPSS 570 Sub-section 570.05.01 of OPSS 570, August 1990 is amended by the addition of the following: The topsoil shall be analyzed to ensure there are no deficiencies with respect to fertility levels. The soil shall consist of a minimum 4% organic matter. The phosphorous level shall be 30 ppm, ± 2 ppm. The potassium level shall be 235 ppm, ± 30 ppm. The soil shall have a base saturation of calcium of 75%, f 10%. The base saturation of sodium shall be a maximum of 0.5%. The pH level shall be between 6.0 and 7.0. A copy of the topsoil testing report shall be provided to the Contract Administrator. Payment for this testing shall be included in payment under the respective topsoil items. If the topsoil does not meet all of the fertility elements the soil shall be treated with the required amendments as recommended by the topsoil analysis report. 32. AMENDMENT TO OPSS 1820; CONCRETE PIPE Section 1820.02, References, of OPSS 1820 is deleted and replaced by the following: 1820.02 References This specification refers to the following standards, specifications, or publications: Ontario Provincial Standards Specifications (Material) CSA Standard A257-M1982 - Standards for Concrete Pipe Section 1820.07, Production, of OPSS 1820 is deleted and replaced by the following: SPECIAL PROVISIONS -GENERAL CONTRACT NO. CL2001-12 19. 1820.07 Production 1820.07.01 General Production methods shall conform to the requirements of CSA A257.1 and CSA A257.2. 1820.07.02 Pipe for Sewers Up to and Including 900 mm Designated Internal Diameter Pipe for use in sewers up to and including 900 mm designated internal diameter shall be pipe of the size and class required, and shall conform to the MOE Pre-qualification Requirements for Concrete Sewer Pipe Plants. The plant shall have a valid Pre-qualification Certificate at the time of production and delivery of the pipe. 1820.07.03 Marking Marking shall conform to the requirements of CSA Standard A257.IM or A257.2M. Pie conforming to the MOE Pre-qualification Requirements for Concrete Sewer Pipe Plants shall P g q bear the letters "MOE". Jackin g Pipe shall be marked with the words "Jacking Quality". 33. DELIVERY OF TEST SAMPLES The Contractor shall include in his tender prices for the cost of delivery of concrete test cylinders and asphalt samples to a designated testing laboratory. For this contract test cylinders shall be delivered to 513 Division Street, Cobourg, Ontario, K9A 5G6. 34. PREPARATION AND POSTING OF REQUIREMENTS FOR WORK IN CONFINED SPACES Clause GC7.01.06 of the OPS General Conditions of Contract is amended by the addition of the following: Detailed written procedures addressing the confined space requirements of the Occupational Health and Safety Act and Ontario Regulations for Construction Projects, Ontario Regulation 213/91, shall be clearly posted at the project site and available to all personnel, including the Contractor's workers, Authority staff, Contract Administrator, and Ministry of Labour inspectors. SPECIAL PROVISIONS-GENERAL CONTRACT NO. CL2001-12 20. The procedures must include the rescue procedures to be followed during a rescue or evacuation of all personnel from an unsafe condition or in the event of personal injury. The Contractor shall have personnel trained in rescue procedures readily available on site. 35. CONFINED SPACE ENTRY The Contractor shall be responsible for the supply of personal protective equipment for the use of the Contract Administrator, in connection with confined space entry while the Contractor is operating on site. The following equipment shall be made available on request: Mechanical Ventilation Equipment Gloves Gas Detector (C95-80) Full body harness securely attached to a rope Rope Gas mask or dust, mist or fume respirator (optional) 30 minute self-contained breathing apparatus (need not be worn but, if required, be readily available to supply air for instant egress) 7 minute Escape Pack Explosion-proof temporary lighting Adequate clothing to ensure protection against abrasions and contamination. In addition the Contractor shall provide a competent person who shall inspect all safety equipment prior to use to ensure that it is in good working order and appropriate for the task at hand. 36. COMPLIANCE WITH THE OCCUPATIONAL HEALTH AND SAFETY ACT Clause GC7.01.06 of the OPS General Conditions of Contract is deleted and replaced by the following: 06) The Contractor shall execute the terms of the Contract in strict compliance with the requirements of the Occupational Health and Safety Act, RSO 1990, c.0.1 (the Act) and Ontario Regulation 213/91 (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 the case may be. The Contractor shall ensure that: (a) worker safety is given first priority in planning, pricing and performing the Work; (b) its officers and supervisory employees have a working knowledge of the duties of a Constructor and Employee under the Act and the provisions of the Regulations applicable to the Work, and a personal commitment to comply with them; �f SPECIAL PROVISIONS-GENERAL CONTRACT NO. CL2001-12 21. (c) a copy of the most current version of the Act and the Regulations are available at the Contractor's office within the Working Area, or, in the absence of an office, in the possession of the supervisor responsible for the performance of the Work; (d) workers employed to carry out the Work possess the knowledge, skills and protective devices required by law or recommended for use by a recognized industry association to allow them to work in safety; (e) its supervisory employees carry out their duties in a diligent and responsible manner with due consideration for the health and safety of the workers; and (f) all subcontractors employed by the Contractor to perform part of the Work and their employees are properly protected from injury while they are at the work place. (g) In order to comply with the Municipality of Clarington's "Contractor Safety - Policy and Procedures" the successful bidder shall prior to the award of the Contract execute the attached forms. 1. Contractor's Statement of Liability 2. Notification of Infraction 3. Health and Safety Practice Form- Schedule "A"' 4. Contractor Health and Safety Warning/Stop Work Order (h) 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 or designate 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)". The Contractor shall provide the Owner with a copy of its health and safety policy and program at the pre-start meeting, and shall respond promptly to requests from the Owner for confirmation that its methods and procedures for carrying out the Work comply with the Act and Regulations. The Contractor shall cooperate with representatives of the Owner and inspectors appointed to enforce the Act and the Regulations in any investigations of worker health and safety in the performance of the Work. The Contractor shall indemnify and save the Owner harmless from any additional expense which the Owner may incur to have the Work performed as a result of the Contractor's failure to comply with the requirements of the Act and the Regulations. �1 SPECIAL PROVISIONS-GENERAL CONTRACT NO. CL2001-12 22. 37. GOVERNMENTAL REQUIREMENTS The Contractor shall obey all Federal, 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. 38. ENTRY ONTO PRIVATE PROPERTY The Contractor shall not enter private property or property which is to be acquired to construct the works without the prior consent of the Contract Administrator. This requirement will be strictly enforced. 39. 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. 40. GENERAL LIABILITY INSURANCE Clause GC6.03.02.01 is amended by the addition of the following: 1138337 Ontario Inc. shall also be added as an additional named insured. 41. 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 SPECIAL PROVISIONS-GENERAL CONTRACT NO. CL2001-12 23. shall be liable for an administration fee of Two Hundred Dollars ($200.00) for each request made as compensation for the preparation of such accounting or for the preparation of the Contract, or both, as the case may be, and the Contractor acknowledges that such administrative fee shall be properly deductible, if the Authority should so choose, from monies otherwise payable to the Contractor under the terms of the Contract Documents. Where an application is brought to a judge of a competent jurisdiction to compel production of any particular document to a lien claimant, the Contractor further agrees to indemnify the Authority from reasonable legal fees incurred in appearing on such an application and in addition agrees to pay to the Authority its reasonable costs incurred in producing such documents to the extent that the same is made necessary under the disposition of the matter by such judge, and the Contractor further agrees that such reasonable costs and fees incurred by the Authority as stated herein may be properly deductible from monies otherwise payable to the Contractor under the terms of the Contract Documents. SCHEDULE (C) CONTRACTOR SAFETY POLICY AND PROCEDURE Continued... HEALTH AND SAFETY PRACTICE FORM SCHEDULE °A° 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 accidentrncident and/or Workplace Safety and Insurance Board (WSIB) information noted below, where applicable. 1 • 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). 0 Confirmation of Independent Operator Status -The WSIB independent operator number assigned: (Bidders to include the letter confirming this status and number from WSIB with their bid submission.) SCHEDULE (C) CONTRACTOR SAFETY POLICY AND PROCEDURE Continued... CONTRACTOR'S STATEMENT OF RESPONSIBILITY As a contractor working for the Municipality of Clarington, I/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. I/we will work safely with skill and care so as to prevent an accidental injury to ourselves, fellow employees and members of the public. 1. The contractor/successful tenderer certifies that it, its employees, its subcontractors and their employees, a) are aware of their respective duties and obligations under the Occupational Health and Safety Act, as amended from time to time, and all Regulations thereunder(the"Act'); and b) have sufficient knowledge and training to perform all matters required pursuant to this contract/tender safely and in compliance with the Act. 2. In the performance of all matters required pursuant to this contract/tender, the contractor/successful tenderer shall, a) act safely and comply in all respects to the Act, and b) ensure that its employees, it subcontractors and their employees act safely and complying all respects with the Act. 3. The contractor/successful tenderer shall rectify any unsafe act or practice and any non- compliance with the Act at its expense immediately upon being noted by any person of the existence of such act, practice or non-compliance. 4. The contractor/successful tenderer shall permit representatives of the Municipality and the Health and Safety Committee on site at any time or times for the purpose of inspection to determine compliance with this contractor/tender. 5. No act or omission by any representative of the Municipality shall be deemed to be an assumption of any of the duties or obligations of the contractor/successful tenderer or any of its subcontractors under the Act. 6. The contractor/successful tenderer shall indemnify and save harmless the Municipality, a) from any loss, inconvenience, damage or cost to the Municipality which may result from the contractor/successful tenderer or any of its employees, its subcontractors or their employees failing to act safely or to comply in all respects with the Act in the performance of any matters required pursuant to this contract/tender; I SCHEDULE(C) CONTRACTOR SAFETY POLICY AND PROCEDURE Continued... b) against any action or claim, and costs related thereto, brought against the Municipality by any person arising out of any unsafe act or practice or any non-compliance with the Act by the contractor/successful tenderer or any of its employees, its subcontractors or their employees in the performance of any matter required pursuant to this contract/tender, and c) from any and all charges, fines, penalties, and costs that may be incurred or paid by the Municipality (or any of its council members or employees) shall be made a party to any charge under the Act in relation to any violation of the Act arising out of this contract/tender. .......�/ 4 .. �3- ... �. ............. . :..G'/..�/.!off Contractor Name of Person Signing for Contractor oe l ............ ...... ... ......... ,�,l........................... Signature of Contra r Date i i * w SCHEDULE (C) CONTRACTOR SAFETY POLICY AND PROCEDURE Continued... b) against any action or claim, and costs related thereto, brought against the Municipality by any person arising out of any unsafe act or practice or any non-compliance with the Act by the contractor/successful tenderer or any of its employees, its subcontractors or their employees in the performance of any matter required pursuant to this contract/tender,, and c) from any and all charges, fines, penalties, and costs that may be incurred or paid by the Municipality(or any of its council members or employees) shall be made a party to any charge under the Act in relation to any violation of the Act arising out of this contract/tender. ................:............................................ ............... . ......................................... Contractor Name of Person Signing for Contractor Signature of Contractor Date 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. i SCHEDULE (C) CONTRACTOR SAFETY POLICY AND PROCEDURE Continued... Schedule"B" CONTRACTOR HEALTH AND SAFETY WARNING/STOP WORK ORDER The purpose of this form is to: (Issuer to check one of the following) Provide warning to the contractor to immediately discontinue the unsafe work practice described below _ Direct the contractor to immediately cease all work being performed under this contract due to the unsafe work practice described below. FAILURE TO COMPLY WITH THIS WARNING/STOP WORK ORDER SHALL CONSTITUTE A BREACH OF CONTRACT. PART"A"- DETAILS OF CONTRACT CONTRACT/P.O.# DESCRIPTION: NAME OF FIRM: PART"B"- DETAILS OF INFRACTION (TO BE COMPLETED BY ISSUER) SPECIAL PROVISIONS-GENERAL CONTRACT NO. CL2001-12 24. 42. 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. S.A. Vokes, P.Eng., Director of Public Works Corporation of the Municipality of Clarington Municipal Administration Centre, 40 Temperance Street BOWMANVILLE, Ontario L1C 3A6 Re: Contract No. CL2001-12 Dear Sir: I hereby certify that (Name of Contractor) have fulfilled the terms of our agreement and have left my property in a satisfactory condition. I have accepted their final payment and release (Name of Contractor) and the Corporation of the Municipality of Clarington from further obligations. Yours very truly, .................................. Signature Property Owner's Name............................Lot......Concession.......... Municipality of ........................................ (Please complete above in printing) Final payment will not be released to the Contractor until all the applicable forms of release have been signed by the property owners and received by the Authority. SPECIAL PROVISIONS-GENERAL CONTRACT NO. CL2001-12 25. 43. WORKPLACE SAFETY AND INSURANCE BOARD All references in the General Conditions of Contract to "Workers' Compensation Board" shall now read "Workplace Safety and Insurance Board". 44. ENVIRONMENTAL PROTECTION PLAN The Contractor's attention is drawn to the following environmental protection requirements which will impact construction activities within or in close proximity to the Graham Creek and road approaches and Lakeshore Road Bridge Repairs. These measures are in addition or complimentary to the works included for erosion and sediment control under other items in the Tender. • Sediment and erosion control items included in this contract shall be implemented prior to any other construction in the vicinity of the creek, in order to prevent any sediment from entering the watercourse (including soil from exposed banks) and to prevent any downstream transport of resuspended sediment. All disturbed areas shall be stabilized upon completion of works or attainment of final grades. • Temporary erosion and sedimentation works should be maintained until vegetation has been re-established to a sufficient degree so as to provide adequate protection to disturbed work areas. • All sediment traps, check dams and silt fence will be cleaned, as a minimum, when they are 50% filled. Maintenance of these devices is essential. Lack of cooperation on the part of the Contractor will be considered as a major violation to the Plan and the Contract and will result in a shut down of the project operations until maintenance is performed to the Engineer's satisfaction. • All disturbed areas shall be topsoiled (if necessary) and revegetated immediately after final grading is completed. • Construction procedures and handling/storage of toxic materials shall conform to Ontario Ministry of the Environment and Energy regulations. • Stockpile or spoil materials necessary for road construction and the construction of the proposed bridge shall be prevented from entering the creek. No grading or concrete pours shall occur over or close to the water without adequate barrier measures in place beforehand. The Contractor shall advise the Engineer in advance of placement of any stockpiled material so that the Engineer can determine what protective measure, if any, are necessary. • In water work within the Graham Creek will only be permitted during the period from July 1 to September 15. During this period all work within the Graham Creek shall be confined to within 2.25 m of the front face of the abutments. This shall include the construction of any flasework required for the construction of the new structure. SPECIAL PROVISIONS-GENERAL CONTRACT NO. CL2001-12 26. • All activities, including maintenance procedures, must be controlled to prevent the entry of petroleum product, silt, debris, rubble, concrete or other deleterious substances into the watercourse. Vehicular refuelling and maintenance, including the storage of fuel containers, must be conducted 30 in away from the watercourse banks. • Maintenance of all proposed vegetation, once established, will be a critical component of the contract during the guarantee period. All temporary erosion and sediment control structures constructed (except the dewatering trap) will remain in place during this period unless the Engineer requests their removal. Prior to the end of the guarantee period, if all vegetation has established successfully, these measures shall be removed (upon notification by the Engineer) as noted under their particular items in the Special provision- Tender Items. • All dewatering discharges must be directed to the dewatering trap. Materials from the excavation of the trap shall be removed from the site or controlled as the Engineer directs. The Contractor shall be wholly responsible for the adequate design and maintenance of the dewatering system related to the construction of the bridge abutments and wingwalls (ie., pumps, sheeting, etc.) The design will be subject to the review and approval of the Engineer before any work on these bridge components proceeds. • Maintain continuous and uninterrupted flow downstream of the construction site. Extreme reduction in stream discharge and water level above and below the site must be avoided. • No machinery shall enter the creek bed of any watercourse. Movement of construction equipment in the vicinity of the creek shall be limited to the minimum required for construction. • All construction work in areas which in the Engineer's opinion may have adverse effects on the watercourse shall be monitored by a designated representative of the Contractor to ensure compliance with the Plan. • All clauses pertaining to the construction/placement of erosion and sediment controls in the Special Provisions-General and the Contract Items, will form an integral part of the project Environmental Protection Plan. 45. REVIEW OF SHOWWORKING DRAWINGS For the portions of the work to be done under this Contract where detail drawings are to be supplied by the Contractor, six (6) copies of same, together with specifications, 112 such additional copies as the Contractor and his subcontractors may require, shall be submitted to the Engineer for review. The Contractor or his Subcontractor shall check and initial all shop drawings before submission to the Engineer so as to intercept and correct any major errors or omissions. Shop drawings will not be reviewed by the Engineer unless they have been previously checked by the Contractor. SPECIAL PROVISIONS-GENERAL CONTRACT NO. CL2001-12 27. The review by the Engineer is for the sole purpose of ascertaining conformance with the general design concept. This review shall not mean that the Engineer approves the detail design inherent in the shop drawings, responsibility for which shall remain with the Contractor submitting same, and such review shall not relieve the Contractor of his responsibility for errors or omissions in the shop drawings or of his responsibility for meeting all requirements of the Contract Documents. The Contractor is responsible for dimensions to be confirmed and correlated at the job site, for information that pertains solely to fabrication processes or to techniques of construction and installation and for coordination of the work of all subtrades. Work which relates to the shop drawings shall not be carried out before the Engineer's review of the shop drawings is complete. 46. CONSTRUCTION STAGING The successful bidder shall supply a staging proposal indicating how storm sewer installation, construction of stilling basins and maintenance of storm flow will be handled during construction. The staging proposal shall also indicate the timing of these various components in relation to construction operations and maintenance of vehicular and pedestrian traffic. CORPORATION OF THE MUNICIPALITY OF CLARINGTON CONTRACT NO. CL2001-12 r SPECIAL PROVISIONS - TENDER ITEMS P/12-10912/Specs/18644/24/4/C PAGE ONE NE SPECIAL PROVISIONS-TENDER ITEMS CONTRACT NO. CL2001-12 SECTION 1 - MILL STREET ROADWORKS ' SITE PREPARATION-ITEM NO. 1 Under this Item and for the unit price bid the Contractor shall undertake the following work: • Clearing and grubbing of trees and brush shown in the drawings. • Clearing and grubbing of all stumps. • Removal and disposal of guideposts. EARTH EXCAVATION (GRADING) -ITEM NO. 2 Payment under this Item shall also include for the following: • Removal and disposal of asphalt from roadway. • Excavation for stilling ponds and rock protection • Excavation for sidewalk • Grading of area north of existing road east of House No. 543 • Excavation for gravel pathway. • Proof rolling of subgrade The estimated total volume of excavation is 6,081 m3, including 1,275 m3 of stripping. Of this total volume approximately 280 m3 is usable as fill material primarily as a result of construction phasing. The balance shall be removed from the site and disposed of at locations to be arranged by the Contractor. EARTH BORROW-ITEM NO. 3 Measurement of borrow material shall be by cross-section at the source. The Contractor is advised that the major volume of earth excavation falls within the existing roadway and east bridge approaches. As a consequence this precludes use of the existing roadway material for fill purposes. Borrow material can be obtained from the Kaitlin lands at a borrow area approximately 150 metres south of the bridge site. The unit price bid for borrow material shall include for regrading and contouring the borrow area. Topsoil, seeding and mulching of the borrow area shall be paid for under the appropriate items. The Mill Street contract requires 4,140 m3 of fill material. Of this volume, approximately 860 m3 can be obtained from within the flood plain. The volume of borrow material required from other sources is 3,000 m3. HOT MIX, H.L.4 AND H.L.-3A-ITEMS NO. 4 AND 5 Asphalt shall be penetration grade 85/100. No surface asphalt shall be laid on this Contract. • Existing gravel entrance shall be paved to property line with 50 mm of H.L.-3A. SPECIAL PROVISIONS-TENDER ITEMS , CONTRACT NO. CL2001-12 2 • Asphalt shoulder shall be paved with 90 nun of H.L.-4 (two lifts of 50 mm and 40 mm). Payment under Item No. 5 shall include for the following: • Forming temporary curbs at catchbasin, catchbasin/maintenance hole locations for a length of approximately 2 metres. • Temporary ramping at limits of construction. • Construction of 300 mm x 40 mm stepped joint at limits of full construction. GRANULAR `A' AND GRANULAR`B', TYPE 1 -ITEMS NO. 6 AND 7 Payment shall be made under these Items for the supply and placing of Granular `A' in entrance as foundation to sidewalk and for supply and placing of Granular `A' and Granular `B' Type 1 in paved shoulder. Private entrance shall be constructed with 200 mm of Granular `A', sidewalk foundation shall be 100 mm of Granular `A', and parking shoulder shall be 150 mm of Granular `A' and 300 mm of Granular `B' Type L Provision of temporary walkways, where directed, shall be constructed and paid for under Item No. 6. CONCRETE IN SIDEWALK-ITEM NO. S Where new sidewalk abuts or connects to existing sidewalk, an expansion joint shall be constructed at these locations. Every joint shall be a contraction joint except where expansion joints are indicated. Contractor shall note the revised Ontario Provincial Standard Drawings. Section 351.07.01 of OPS 351 is amended in that Granular `A' for sidewalk foundation shall be paid for under Item No. 6. CONCRETE CURB AND GUTTER(ALL TYPES) -ITEM NO. 9 A 2 metre length of curb and gutter shall be omitted at each catchbasin and catchbasin/maintenance hole. Where sidewalk abuts curb, a 50 mm wide key shall be constructed at the back of the curb in accordance with the standard. Subsection 353.07.06 of OPSS 353 is amended in that traverse jointing of curb and gutter shall be at a maximum spacing of 4.0 m. 150 mm DIA. PIPE SUBDRAINS -ITEM NO. 10 The Contractor shall supply and place perforated corrugated polyethylene pipe and geotextile sock for the full length of curb and gutter allowing for connections to catchbasins and catchbasin/maintenance holes. Backfill to subdrains shall be Granular `B' Type 1 material supplied and placed under Item No. 7. SPECIAL PROVISIONS-TENDER ITEMS CONTRACT NO. CL2001-12 3 STORM SEWERS -ITEMS NO. 11 - 13 Under these Items and for the unit prices bid, the Contractor shall supply all materials including pipe of the required type, size and class, other fittings, sand material for cover and crusher run limestone for bedding in accordance with the standards. Backfill shall be Granular `B' Type 1 placed and compacted to top of subbase level or selected native material as specified in the Itemized Bid. Pipe materials shall be concrete throughout except that PVC SDR35 may be used for catchbasin leads with the approval of the Owner. Outlet to the 600 mm dia. sewer shall be fitted with a grate in accordance with Municipality of Clarington Standard N-607. Soils report results support a classification of Type 3 for soils for the purpose of selecting Class 'B' bedding for concrete pipe. CATCHBASINS, DITCH INLETS AND MAINTENANCE HOLES-ITEMS NO. 14- 19 The unit prices bid under these Items shall include for placing of Granular "B" Type 1 material to a lower limit of 300 mm below the floor slab and all around the structure. A 100 mm dia. drainage opening shall be provided in the base of each new maintenance hole and catchbasin. Filter fabric Terrafix Type 270R or equal 600 mm x 600 mm in size shall be placed at drainage openings. All catchbasin and maintenance holes shall be fitted with sumps. Catchbasin frames and grates and maintenance hole frames and covers shall be constructed to the level of base course asphalt. rSAWCUTTING OF ASPHALT AND CONCRETE CURB AND GUTTER-ITEMS NO. 22 & 23 Payment shall be made under these Items for sawcutting of asphalt pavement and concrete curb and gutter at the location identified in the field by the Contract Administrator. REMOVAL OF SIDEWALK (All Types) AND CONCRETE CURB AND GUTTER-ITEMS NO. 24 AND 25 Payment shall be made under these Items for the removal and disposal off site of all rubble from concrete and asphalt sidewalk and concrete curb and gutter removal. REMOVAL OF CULVERTS AND SEWERS -ITEM NO. 26 ' Under this Item and for the unit price bid the Contractor shall include for construction of a temporary storm outlet to the creek to replace the 600 mm storm outlet pipe removed up to maintenance Hole No. 1. The Contractor has the choice of a piped or open channel outlet to suit construction operation. The temporary outlet must meet with the approval of the Ganaraska Region Conservation Authority as part of the environmental requirements for site operations. SPECIAL PROVISIONS-TENDER ITEMS CONTRACT NO. CL2001-12 4 SILTATION CONTROL (PROVISIONAL) -ITEM NO. 27 The Contractor shall supply and install silt fence barrier, flow checks, sediment traps and a dewatering trap at the locations directed and in accordance with the Environmental Protection Plan and the details shown on the standard drawings. These facilities shall normally be required in ditchlines or at toe of embankments as soon as rough grading is complete and prior to any dewatering operation. Cleaning of the facilities shall be performed by the Contractor and payment for cleaning, hauling and disposing of the sediment shall be included in the unit price bid for this Item. Sediments shall be removed once they reach one-half the depth of the check dam, or at the direction of the Contract Administrator. The material removed shall be disposed of outside the right-of-way at a location arranged for by the Contractor, unless otherwise approved by the Contract Administrator. Rock, filter cloth and any accumulated sediments shall be removed at the direction of the Contract Administrator and disposed of off the site. This will normally be required once permanent ground cover is established. The site shall be graded to conform to surrounding contours without damaging adjacent ground cover. The Contractor shall be paid 50% of the unit price for construction and 50% each for maintenance and removal. The Contractor shall, prior to commencing work on the site, supply and install silt control fences at , locations as directed by the Contract Administrator. The Contractor will be responsible for the installation and maintenance of the silt fence within the contract limits. Silt fence beyond the contract , limits will be supplied and maintained by the Authority. If necessary, the Contractor will be required to supply and install additional silt control fences at locations within the Contract Limits as directed by the Contract Administrator. Silt control fences shall be installed in accordance with detail drawings (or approved equal)to prevent PP P q sedimentation from the construction area entering the adjacent property and/or waterways. Any accumulated sediment shall be removed at the direction of the Contract Administrator and be disposed of off the site. The silt control fences shall be left in place after completion of the Contract, and will be maintained until the seeding and mulching has been completed and growth has been successfully established in revegetated and seeded areas, and all other construction has been completed. The Contractor shall be paid 50% of the unit price for construction and 50% for maintenance and removal. r SPECIAL PROVISIONS-TENDER ITEMS CONTRACT NO. CL2001-12 5 TOPSOIL M"ORTED)AND NURSERY SOD (UNSTAKED) -ITEM NO. 28 TOPSOIL (IMPORTED) AND NURSERY SOD (STAKED) -ITEM NO. 29 TOPSOIL (IMPORTED) -ITEM NO. 30 SEED AND MULCH, TYPE 1 -ITEM NO. 31 Topsoil shall be placed to a minimum depth of 100 mm in disturbed grassed areas and fill slopes, boulevards and shoulders. Topsoil shall be screened and tested in accordance with Clause 31 of the Special Provisions - General. Should the Contractor wish to use site excavated topsoil, this must meet with the approval of the Contract Administrator at a renegotiated price. 1 PLANT MATERIAL: TREES AND SHRUBS-ITEM NO. 32.1 Payment shall be made under this item for the supply and installation of trees, shrubs, and perennials according to the landscape plan and planting details in the Contract Drawings. All planting and related work shall be done by experienced, qualified personnel under the direction and supervision of foremen with at least five(5)years of horticultural and planting experience. The ' Contractor must be a member of Landscape Ontario. All plant material shall meet the horticultural standards of the Canadian Nursery Trades Association with respect to grading and quality. They shall be nursery grown, under proper horticultural practices as recommended by the Canadian Nursery Trades Association. Nomenclature of specified plants shall conform to the International Code of Nomenclature for Cultivated Plants and shall be in accordance with the approved scientific names given in the latest edition of the Standardized Plant Names. The names of varieties not named therein are generally in conformity with the names accepted in the nursery trade. Substitutions for the specified plants will not be accepted unless approved in writing by the Engineer. Notify Engineer of source of material at least 7 days in advance of shipment. Make plant material available for inspection at source of supply or upon arrival at site. Approval of plant material at source of supply does not ensure acceptance upon arrival on project site or during the course of construction. The Engineer reserves the right to reject any plant material, whether planted or not, which does not conform to the specifications. Do not remove any labels from plants until they have been inspected and approved by the Engineer. All plant materials which cannot be planted immediately upon arrival on the site shall be well protected with soil or similar material to prevent drying out and shall be kept moist until commencement of planting. Coordinate shipping of plants and excavation of holes to ensure minimum time lapse between digging and planting. Ensure that trees are protected from abrasion, breakage, and exposure during transit. Root balls shall not be cracked, broken, or damaged at time of planting. Plants shall be true to type and structurally sound, with straight trunks and leaders intact, and be well and characteristically branched for the species. All plant material to be free of disease, insect infestation, rodent damage, sun scald, frost cracks and other abrasions or scars to the bark. They shall be densely foliated when in leaf and have a healthy, well developed root system. Planting shall be done during periods suitable with respect to weather conditions and locally accepted practice, and to the Engineer's approval. The rootball is to be placed on unexcavated or compacted SPECIAL PROVISIONS-TENDER ITEMS CONTRACT NO. CL2001-12 6 material to avoid settlement. Plants shall be set plumb in the centre of the planting pit at the same relation to grade as originally grown, after settlement has taken place. The north side of the trunk shall be marked in the nursery, and trees shall be planted to face the same direction, or to give the best appearance or relationship to adjacent structures, as approved by the Engineer. Excavated soil shall be mixed 3:1 with augmented topsoil or commercially prepared Triple Mix for planting backfill. All debris, clay lumps, roots and stones over 50 mm in diameter and other extraneous matter shall be removed from excavated soil to be used in backfill and disposed of off site. Topsoil shall be fertile, friable, natural loam containing not less than 4% organic matter, capable of sustaining vigorous plant growth. It shall be free of any admixture of subsoil, clay lumps or weeds, and free of stones and roots over 50 mm in diameter and other extraneous matter. The soil to be used shall be tested, and the results of the soil test shall be provided to the Engineer prior to installation. For plants in wire baskets, remove all ropes, wires, etc., and cut burlap away from at least the top half of the root ball. At least the top half of the wire basket shall be removed. Pots shall be removed from potted plant material. Backfill and tamp soil mixture in layers not exceeding 150 mm depth. Soak the soil mixture thoroughly with water when the hole is half filled, and water thoroughly immediately after planting is complete. Provide a corrugated PVC trunk guard for all deciduous trees. Fasten guard using plastic lock ties. ' Shredded bark mulch free of any granular and organic material will be applied around all trees and to planted shrub beds as shown on the Contract Drawings. A sample of the mulch to be used shall be submitted to the Engineer for approval. The mulch will be hand placed around all trees and shrubs to a minimum compressed depth of 100 mm. Maintain all plant material and assume full responsibility for protection of all planted areas until final acceptance of all project work. Submit a written guarantee to the effect that all materials and workmanship be guaranteed for a period of one (1)year following project completion. Keep planted , areas free of weeds at all times. Remove all debris, broken branches, etc., and maintain planted areas in neat condition at all times. Water when necessary, with sufficient quantities to moisten the entire root system. Use chemicals as necessary for weed, disease, and insect control in strict accordance with manufacturer's recommendations, and in compliance with applicable pesticide control regulations. Assume full responsibility for any damage that may result from the use of such chemicals. The warranty on replacement plant material shall be extended for a period equal to the original warranty period. Final inspection of all plantings shall be made at the end of the specified guarantee period. At the time of inspection, all plants shall be alive and in a healthy, satisfactory growing condition. Owner reserves the right to extend Contractor's warranty responsibilities for an additional year if, at end of initial warranty period, leaf development and growth is not sufficient to ensure future survival. All plant material found dead, or not in a healthy, satisfactory growing condition, or which in any way do not meet the requirements of the specifications, shall be replaced by the Contractor. All required replacements shall be plants of the same size and species as specified on the plant list and shall be supplied and planted in accordance with the drawings and specifications i SPECIAL PROVISIONS-TENDER ITEMS CONTRACT NO. CL2001-12 7 PLANT MATERIAL: BIO-ENGINEERED ROCK PROTECTION PLANTING-ITEM NO. 32.2 ' At approximately 3 m intervals along the rock stabilization bank, rocks shall be removed by hand to create 0.5 m diameter holes. The geotextile under the rocks shall be cut, and soil removed to a depth of approximately 300 mm. Shrubs (1 per rock opening), perennials (3 per rock opening), and vines (3 per rock opening) shall be planted in accordance with the Landscape Plan such that the finished grade of the soil backfill and the crown of plants is 150 mm below the top of the rock. Mulch shall be placed around the plants as per the shrub/perennial planting detail. The Contractor shall ensure that the rock stabilization is secure following planting. Where appropriate the special provisions noted for Item 32.1 ' shall also be applicable to this Item. ' MISCELLANEOUS LANDSCAPING-ITEM NO. 33 Payment shall be made under this Item on a time and material basis for undertaking miscellaneous landscaping and other works as directed by the Contract Administrator. Items of work to be included under this Item include street signs, gravel path construction, salvage and reinstallation of interlocking brick work and removal and reinstatement of steel posts and chain gate at entrance to gravel pathway. HYDRANT EXTENSION-ITEM NO. 34 Payment shall be made under this Item at the unit price bid for the following work: • Excavation. • Removal and salvage of existing hydrant and barrel. • Supply and installation of extension piece at bottom of barrel. • Supply and install rod extension to valve and adjust valve box including valve box extension if required. • Reconnection of hydrant complete. • Adjusting tracer wire. • Cathodic protection in accordance with Detail S-436. • Backfilling with selected native materials and compaction. ROCK PROTECTION-ITEM NO. 37(a) Rock protection shall be placed to a depth of 300 mm (approximately) with stone similar to that specified under Item No. 50 except that pea gravel shall be omitted. The unit price bid shall include for supply and placing of geotextile Terrafix Type 270R or approved equivalent. ' LIVE CRIB WALL (Provisional) - ITEM NO. 37(b) Payment shall be made under this Item on a time and material basis for the construction of live crib wall and vegetative plantings as per detail. No work under this Item shall be undertaken without the written authorization of the Contract Administrator. SPECIAL PROVISIONS-TENDER ITEMS CONTRACT NO. CL2001-12 8 SECTION 2: GRAHAM CREEK BRIDGE ROADWAY PROTECTION-ITEM NO. 38 Under this Item and for the Contract price, the Contractor shall supply all materials and carry out such work as may be required including the driving of piles where necessary to protect the existing bridge and the operating lanes of Mill Street South at all times from his operations, against damage or functional impairment, in accordance with OPSS 539. Payment under this Item will include the supply of all materials, equipment and labour necessary to construct and remove the roadway protection. The Contractor shall submit six(6) copies of detailed drawings, outlining his proposed method of installing the roadway protection, for the Engineer's review and as required elsewhere in the Specifications. Work under this Item shall not commence without prior approval in writing from the Engineer. EARTH EXCAVATION FOR STRUCTURE FOUNDATIONS -ITEM NO. 39 Under this Item and for the Contract unit price the Contractor shall excavate earth material for the structure foundations, as shown on the Drawings and as directed by the Engineer. Measurement for payment for earth excavation for structure foundations will include only those ' quantities as measured within the neat plan dimensions of the footings, below the top of the footings. The limits of the measurement for payment of Earth Excavation for Structure Foundations is further defined on the Contract Drawings. Additional excavation above and beyond the defined payment limits, including any excavation necessary to construct granular backfill, etc., will be considered incidental to the construction of the structure, and no payment will be made for such excavation. UNWATERING STRUCTURE EXCAVATIONS-ITEM NO. 40 For the Contract price, the Contractor shall supply all labour, equipment and materials required to complete the following work in accordance with OPSS 902 and these specifications, and to the satisfaction of the Engineer. a) Ensure that all concrete and granular backfill materials for the new structure are placed in the dry. b) Maintain continuous flow in the watercourse at all times during construction C) The discharge points of all pumps utilized in unwatering the work shall be located away from the watercourse, to permit natural filtration of the silts by the soil and vegetation, to the satisfaction of the Engineer. SPECIAL PROVISIONS-TENDER ITEMS CONTRACT NO. CL2001-12 9 d) Construction and maintenance of dewatering and temporary pumping systems as required. The Contractor will carry out all operations as indicated in this special provision and in the ' Environmental Protection Plan or as specified elsewhere in the Contract. The Contractor shall note carefully the requirements of the Environmental Protection Plan for this project which is contained in the "Special Provisions- General" Section. Prior to commencin g construction, the Contractor shall submit six (6) copies of his detailed drawings and specifications for his proposed method of unwatering for the Engineer's review. The Contractor ' shall be wholly responsible for the adequacy of his method of unwatering. The Contractor is advised that all unwatering schemes shall be subject to the approval of the Ministry of Natural Resources, Conservation Authority and the Engineer. The Contractor shall be prepared to present his proposed dewatering scheme to Agency representatives at the pre-construction meeting. Measurement for payment under this Item shall be made by lump sum, on the basis of 75% for the completed installation and 25% for maintenance and removal of the system. ' CONCRETE IN ABUTMENTS AND WINGWALLS -ITEM NO. 42 ' Payment for this Item, at the Contract price shall include the supply and installation of all joint filler, flexcell, polystyrene, Styrofoam, caulking, PVC waterstop, wall drains, etc., and similar items as indicated on the Drawings, and as required to complete the structure. CONCRETE IN DECK, SIDEWALK AND CURB-ITEM NO. 44 The Contractor shall use a mechanical self-propelled deck finishing machine. The concrete shall be deposited and compacted at a rate sufficient to ensure a uniform finish. The method used to deliver concrete to the work shall be such that essentially the same conditions will be produced in the vicinity of concrete placement. The concrete surface between the points at which the concrete is struck off and the final hand floating is carried out shall be protected from wind. All concrete shall be cured by two layers of wet burlap. ' Payment for this Item at the Contract price shall include: a) The supply of all Styrofoam, flexcell, expanded polystyrene, PVC waterstops, caulking, and seals, etc. as required to complete the structure. b) The supply and placing of the Date and Site Number Figures as shown on the Contract Drawings. SPECIAL PROVISIONS-TENDER ITEMS r CONTRACT NO. CL2001-12 10 CONCRETE IN PARAPET WALLS -ITEM NO. 45 Payment for this Item at the Contract price will include the placing of the anchors for the steel parapet rails and for the guiderails and channels, and the supply and placing of all flexcell, caulking, etc., as ' shown on the Contract Drawings. Anchors will be supplied under Item 'Steel Parapet Rails'. Under this Item, the Contractor shall provide One Thousand Dollars ($1,000.00) as a cash allowance for the purchase of a plaque to be mounted on the south-west end post of the parapet wall. Plaque details and location shall be subject to the Engineer's approval. The Contractor shall provide for installation of the plaque. In the event the plaque is not required, the cash allowance will be deducted from this Item. CONCRETE IN APPROACH SLABS-ITEM NO. 46 The Contract price bid under this Item shall include the supply of all labour, equipment and materials required to construct the sidewalk on the south side of the approach slabs. The work to be done under this Item shall also include the supply and installation of 13 mm joint filler, Type A, bituminous, between the approach slabs and the wngwalls as shown on the Drawings. The Contractor shall also provide for a 5 mm elastomeric seating pad and the 40 mm expanded polystyrene between the approach slab and abutment haunch, as shown on the Drawings. Prior to placing concrete in the approach slabs, the Contractor shall provide and lay a polyethylene film moisture vapour barrier over the full width between the side forms. Joints in the polyethylene shall be lapped at least 100 mm and it shall be maintained in an undisturbed condition throughout concrete placement. The polyethylene film shall have a thickness of at least 50 um and shall otherwise meet the requirements of OPSS 1305. , CONCRETE ITEMS NO 41 -45 Concrete Q uantities , The following approximate quantities for the concrete Tender Items listed below are for the Contractor's information only: Item No. 5 - Concrete in Abutments and Wingwalls 170 m3 Item No. 6 -Concrete in Deck, Sidewalk and Curb 155 m3 Item No. 7 -Concrete in Parapet Walls 12 m3 Item No. 8 -Concrete in Approach Slabs 42 m3 , Lump Sum Concrete Items 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 Section GC 3.11 of the General Conditions to Contract, then either party to the Contract upon the written request of the other, shall as soon as SPECIAL PROVISIONS-TENDER ITEMS CONTRACT NO. CL2001-12 11 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 1 decrease. Where a change in quantity results from a change in design made in accordance with Section GC 3.11 of the General Conditions to Contract, then either party to the Contract upon the written request of 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: `The curing procedure to be used shall be restricted to the use of burlap and water only'. Payment for the above Items, whether by lump sum or by the cubic metre, shall be full compensation ' for all labour, 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 whether by the lump sum or by the cubic ' metre, 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 Items, whether by the lump sum or by the cubic metre, will include the supply, ' storage and installation of the reinforcing steel, and epoxy coated reinforcing steel, as shown on the Drawings. The Contractor shall submit shop drawings to the Engineer, for review, as required elsewhere in the Specification. Fabrication shall not commence until the shop drawings have been reviewed. STEEL PARAPET RAILS -ITEM NO. 46 The Contract price for this Item shall be compensation in full for the supply of all materials, equipment and labour required to complete the steel parapet railing including anchors, posts, and guiderail and channel anchors, all as shown on the Drawings. The Contractor shall prepare detail shop drawings and submit six (6) sets to the Engineer for review as required elsewhere in the Specifications. Fabrication shall not commence until the shop drawings have been reviewed. SPECIAL PROVISIONS-TENDER ITEMS CONTRACT NO. CL2001-12 12 GRANULAR BACKFILL TO STRUCTURE-ITEM NO. 47 Under this Item and for the Contract unit price, the Contractor shall supply, place and compact in accordance with OPSS 501, the Granular 'B' material required for the structure backfill and frost tapers including the graded stone and Class I non-woven geotextile filter cloth behind the wall drains, all as shown on the Drawings, and as directed by the Engineer. The extent of the contract unit price item for placing granular backfill to the structure shall be as shown ' on the Drawings. Where, however, the Contractor has excavated beyond these limits, or has failed to place earth fill to the limits shown, he shall supply, place and compact, to the satisfaction of the Engineer, either earth or granular material, whichever the Engineer shall direct, as required to fill the resulting excess volume. All costs of supplying and placing such additional material shall be deemed to be the responsibility of the Contractor and no measurement for payment of such material will be made. , Water shall be applied to the material to assist compaction, as directed by the Engineer, and shall also be included in the Contract price. The Contractor shall not be permitted to use other than hand operated vibratory type compaction equipment for compaction of backfill material within the restricted zone behind all earth retaining structures. Restricted Zone a) At Abutments and Retaining Walls: The area within a plane extending from the base of the back face of the wall, where it contacts the ' footing, upwards at a slope of 1.5 vertical to 1 horizontal. b) At Wingwalls: The area within 1.2 m from the back face of the wall. Hand Operated Vibratory Equipment Hand operated vibrato equipment shall have an energy output no greater than 6.7 kilowatts. , Pe vibratory �1 P gy tP g EMBEDDED WORK IN STRUCTURE-ITEM NO. 48 Under this Item and for the Contract price, the Contractor shall supply all labour, equipment and materials necessary to complete the installation of the 75 mm diameter PVC ducts in the south sidewalk, including conduit, expansion joints, polypropylene pull rope,junction boxes etc., as shown on the Drawings, and as directed by the Engineer. The materials used are to be new and are to have CSA and/or Inspection Department approval. Items specified by name imply such products to be used unless a substitute is approved by the Engineer. Materials no specified by name shall be the best available and where there is a choice of materials, the Engineer shall have the right to select the materials used. SPECIAL PROVISIONS-TENDER ITEMS CONTRACT NO. CL2001-12 13 During construction, all conduits shall be kept clean by sealing the open ends with metal or paper pennies and bushings. All conduits are to be swabbed cleaned and dry. A tight waterproof system of the highest standard shall be provided by the Contractor. The various stages of the work of duct installation shall be carried out at the proper time co-ordinated with the proper progress of the entire job. The duct and any other material to be installed in concrete shall be placed in the formwork before the concrete is placed, rigidly held and supported and all open ends plugged and protected. Upon completion of the duct installation the Contractor shall install 6 mm polypropylene rope in the duct for the full length of the duct. An additional 1 m of rope shall be coiled in each end of the duct. The duct shall be extended 150 mm beyond the end of the structure and sealed with plastic caps. ' The Contractor shall submit six(6) sets of shop drawings to the Engineer for review showing all details and location of duct work, expansion joint couplers, etc., necessary to complete the work. ROCK PROTECTION-ITEM NO. 51 The work shall be performed in general compliance with the plans, OPSS 511 and as directed by the Engineer, and shall consist of constructing a protective covering of approved rock on the streambanks and approach embankments to the new structure as shown on the Contract Drawings. The Contractor shall supply all materials for this Item. Rock shall be an imported quarry or field stone ' material; the quality of the rock approved by the Engineer. Rock subject to marked deterioration by water or weather will not be accepted. Rock shall fulfill the following gradation requirements: 1 Gradation Limits for Rock Protection Minus 450 mm 95% ' Maximum Allowable Minus 300 mm 60% Maximum Allowable Minus 200 mm 40% Maximum Allowable Minus 75 mm 0% Placing shall be done in such a manner that the surface of the finished rock protection shall have a uniform appearance and be without segregation. The rock protection shall be 600 mm minimum thickness on the streambanks and approach embankments and shall extend along the streambanks and approach embankments as indicated on the Drawings. The Contract price for the rock protection shall constitute full compensation for the supply of rock, any excavation or trimming required for the bedding of the rock, the supply and placing of the geotextile filter fabric, the hauling and placing of the rock, and all items incidental to the completion of the work in accordance with the Specifications. Under this Item and for the Contract Lump Sum price, the Contractor shall also supply all labour, equipment and materials required infill the rock protection with pea gravel up to an elevation of 77.50 m. The pea gravel shall have a diameter of 10 mm or less and shall be washed, containing no fines. SPECIAL PROVISIONS TEND ER ITEMS CONTRACT NO. CL2001-12 14 REMOVAL AND DISPOSAL OF EXISTING STRUCTURE-ITEM NO. 52 Under this Item and for the Contract price, the Contractor shall demolish and completely remove the existing structure to the limits shown and shall perform all necessary excavation, unless provided ' otherwise in the Tender, including concrete rubble and other associated deleterious material currently being used to stabilize the existing embankments. Any over excavation shall be backfilled with approved materials and compacted, at the Contractor's expense and as directed by the Engineer. The Contractor shall carry out his operations under this item in such a manner as to ensure that the existing watercourse is not disturbed. The Contractor shall take all necessary precautions to prevent any debris from falling into the watercourse. Any material which falls into the creek shall be located and removed. The Contractor shall observe all safety laws and regulations in carrying out the work of this Item. The Contractor shall provide details of his proposed method of removing the existing structure for approval by the Conservation Authority and the Engineer. All removals from the existing structure 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 materials or fill materials from or to the sits, the Contractor shall comply with the requirements of the Highway Traffic Act. The existing structure shall be removed to water level or to the top of the footing, and the surrounding area shall be graded. Blasting will not be permitted for any work under this Item unless approved in writing by the Engineer. , Work under this item shall not commence without prior approval to writing from the Engineer. Payment under this Item shall also include the removal and disposal of the concrete outfall structure located in the vicinity of the west abutment of the new structure. SECTION 3: LAKESHORE ROAD BRIDGE SCOUR PAD REPAIRS REMOVAL AND DISPOSAL OF EXISTING MASS CONCRETE-ITEM NO. 53 Under this Item and for the Contract price, the Contractor shall: a) Remove and dispose of the existing concrete repair at the north end of the concrete apron to accommodate placement of the new cut-off wall, as shown on the Drawings and as directed by the Engineer. b) Excavation and backfilling operations not specifically identified under other Items of the Contract, as directed by the Engineer. Any disturbed areas of the stream shall be surfaced with 150 mm of river run stone as directed by the Engineer. The Contractor shall take all necessary care not to damage the concrete invert or destabilize the embankments adjacent to removals. SPECIAL PROVISIONS-TENDER ITEMS CONTRACT NO. CL2001-12 15 The Contractor shall take all necessary P recautions to prevent any debris from falling into the watercourse. Any material, which falls into the creek, shall be located and removed and the bed shall be cleaned of all debris prior to completion of the Contract. Any damage caused to the existing structures as a result of the Contractor's operations shall be repaired by the Contractor at his own expense and to the complete satisfaction of the Engineer. All removals from the existing structures, except as specifically noted, 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 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. 54 Under this Item and for the Contract unit price, the Contractor shall supply all equipment, labour and materials to drill into the existing concrete invert slab 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. ' UNWATERING-ITEM NO. 55 ' For the Contract unit price, the Contractor shall carry out all work, and as outlined in OPSS 902, to ensure that all concrete and concrete repair materials are placed in the dry and to control siltation of the stream bed as outlined in OPSS 577. Payment for this Item at the Contract price shall include compensation in full for the supply of all equipment, labour and materials required to maintain continuous and uninterrupted flow downstream of the site at all times during construction. The Contractor shall submit six(6) copies of his detailed drawings and specifications for his proposed method of unwatering for the Engineer's review. The Contractor shall be required to include details of measures taken to maintain continuous flow downstream of the site at all times and minimize siltation of the stream bed during construction. The Contractor shall be wholly responsible for the adequacy of his method of unwatering. Discharge points of all pumps utilized in unwatering the work and removing sediments from the sediment traps shall be located away from the watercourse to permit the natural filtration of the sediments by the soil and vegetation, as directed by the Engineer. r SPECIAL PROVISIONS TE NDER ITEMS CONTRACT NO. CL2001-12 16 The Contractor is advised that all unwatering schemes shall be subject to review by the Gana.raska Conservation Authority and the Engineer. In particular, the following work will be required: a) A sediment control device shall be installed downstream of the site prior to commencement of construction and remain in place until the work is completed. The accumulated sediments shall , be pumped out prior to removal of the trap. b) A sediment trap shall be installed in each road ditch emptying into the watercourse at the site and the accumulated sediments shall be pumped out, as required and prior to removal of the traps, as directed by the Engineer. c) The use of heavy equipment in the river shall be minimized. ' The Contractor is advised that all unwatering schemes shall be subject to the approval of the Ganaraska Region Conservation Authority and the Engineer. It is the Contractor's responsibility to obtain all necessary approvals. CONCRETE IN CUT-OFF WALL-ITEM NO. 56 Under this Item and at the Contract unit price bid, the Contractor shall supply all equipment, labour and materials to construct the new concrete cut-off wall, as shown on the Drawings and as directed by the Engineer. Payment for this Item at the Contract unit price bid shall include: a) The concrete cut-off wall. t b) The supply and installation of all joint filler, flexcell, caulking, etc. and similar items as required to complete the structure. C) Preparing surfaces against which concrete is to be placed. ' 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. Payment for the above items will include full compensation for all labour, materials and equipment necessary to cure all concrete with burlap and water in accordance with OPSS 904. ' Reinforcing Steel Payment for the above items, whether by lump sum or cubic metre, will include the supply, storage and installation of reinforcing steel, as shown on the Drawings. SPECIAL PROVISIONS-TENDER ITEMS CONTRACT NO. CL2001-12 17 GROUTING OF UNDERMINED INVERT SLAB -ITEM NO. 57 The following shall be added to OPSS 904: Under this Item and for the Contract unit price the Contractor shall supply all equipment, labour and materials to do the following work, as directed by the Engineer: a Installation of rout and inspection holes. g P b) Placement of the grout in the void between the stream bed and the existing invert slab. c) Construction of bulkheads at the ends of the existing invert slab. d) Filling of grout and inspection holes with grout. 1 The number and location of grout holes and grouting inspection holes shall be sufficient to permit the filling of all voids between the stream bed and the existing invert slab without trapping air and such that grout pumped into one hole will flow out through adjacent grout holes and the grouting inspection holes ' in the existing invert slab. The spacing and number of grout holes and grouting inspection holes shall be as determined by the Contractor, subject to the approval of the Engineer. An approved type of grouting machine, capable of pumping to a pressure of 600 kPa, shall be used. Grout shall consist of 1 part of Portland Cement to 1 part mortar sand with just sufficient water to make a plastic mixture. If it becomes necessary to speed up the setting period of the grout, quick setting cement shall be used as directed by the Engineer and shall be provided at no additional cost to the owner. Measurement for payment shall be made on the basis of the number of cubic metres of grout required to fill the resulting void. The Contractor shall be responsible for the adequacy of the bulkheads. Payment for additional grouting material required due to leakage of the bulkheads will not be ' considered, but will be the responsibility of the Contractor. ' SECTION 4: STREET LIGHTING AND UTILITY DUCTS STREET LIGHT POLES -ITEM NO. 58 The concrete street lights shall be supplied as follows: ' Poles for street lighting shall be 12.20 in(40.0 ft)tapered hollow concrete poles meeting C.S.A. Standard Class "BT" requirements and shall have two diametrically opposed cable entrance ports measuring approximately 60 x 120 mm centred at a point 450 mm below ' finished grade as installed. A handhole centred at a point 2.1 in above the finished grade shall be provided, measuring approximately 90 x 200 rnm complete with socket head screw retained metal cover plate. A grounding lug bonded to the reinforced steel shall be located inside the pole, centred at and opposite to the handhold. SPECIAL PROVISIONS-TENDER ITEMS CONTRACT NO. CL2001-12 18 Payment at the contract price for Tender Item No. 58 shall be full compensation for all labour, , equipment and materials required for the unloading and installation of each pole including all earth excavation, backfilling, compaction and concrete work. Such payment shall include compensation for restoration work where such work is not included in other Tender Items. STREET LIGHT LUMINAIRES-ITEM NO. 59 , Luminaires used shall be suitable for mounting on 2" IPS split fitter on bracket arm for Item No. 59 all complete with outdoor 120 volt integral ballast, equipped with a standard socket mounted photo-electric control relay, and suitable for HPS lamp, wattage as noted on contract drawings. Luminaires for Item No. 59 shall be R47 Roadway Luminaire as supplied by Powerlite or approved equivalent, cobra head style. Ballasts for all lighting units shall provide satisfactory outdoor operation at + 15 percent of line volts. Each luminaire shall be fused by means of a separable fused secondary cable connector kit utilizing a 10 amp midget fuse. This connector is to be C.S.A. approved and shall be installed with the line , supply conductor connected to the female receptacle and the luminaire conductor connected to the male plug. Each luminaire shall be individually controlled by its own integral photo control relay. ' The luminaires shall provide I.E.S. Type III lighting distribution pattern as noted on the Contract ' Drawings or Itemized Bid. Riser wire from the handhole,junction box or splice connection to the luminaire, within the lighting pole, conduit or bracket arm, conductors shall be two single#12 AWG solid copper cables and TW flame-retardant insulation and coloured black and white. Payment at the contract price for these Tender Items shall be full compensation for all labour ' equipment and materials required to do all work including installation of all brackets, bracket assemblies, and luminaires regardless of size and type, all lamps, riser wires and connections, fuse ' holders and fuses, luminaire ground wire and connections, conduits and fittings. Such payment shall include compensation for all hardware, accessories, adjustments and testing required. STREET LIGHTING CABLES IN DUCT-ITEM NO. 60 The cables from the power supply to the handhole shall be two single conductor#4 AWG RWU90 , stranded Cu-c/w #6 AWG RWU90 insulated copper ground. Cables are to be inserted into poles via the pole base or cable access ports. Connected ground wires to internal pole ground lug. Compression type tap or approved "Wire-Nut" type connectors are to be used for all connections and the service cable shall not be cut if it is to continue on to another light. All connections to ground and to the luminaire conductors are to be made at the handhold and taped or otherwise insulated after installation. SPECIAL PROVISIONS-TENDER ITEMS CONTRACT NO. CL2001-12 19 Where poles are not in place at the time of street light cable installation, the end of the cable shall be coiled and staked at the intended pole location with adequate cable to make connection at handhole. Where the cable is to continue on to another light, the cable shall be looped and not cut. Payment at the contract price for these Tender Items shall be full compensation for all labour, equipment and materials required to do the work regardless of size and number of conductors in the cable. Item quantity reflects horizontal measurement from centre of pole or structure to next pole or structure (as per O.P.S.S. 604). ' 50 mm POLYPIPE DUCT (DIRECT BURIED) -ITEM NO. 61 Ducts direct buried for lighting cables shall be 50 nun polypipe PVC ducts. After installation, the duct shall be cleaned of loose material and free of obstructions. A 3/8 inch polypropylene rope shall be placed in the duct and the duct suitably capped at each end to prevent ingress of foreign material. Ducts shall be direct buried and be placed a minimum of 450 mm and a maximum of 900 mm below finished grade. The trench bottom shall be shaped and uniformly graded to give continuous support throughout the entire length of duct. Lengths of duct shall be connected using couplings suitable to the size and type of duct supplied. Payment at the contract price for these Tender Items shall be full compensation for earth excavation, disposal of surplus or unsuitable material backfill, bedding, compaction, connections and all mechanical support and mounting equipment required regardless of the size and number of ducts. Item quantity reflects horizontal measurement from centre of pole or structure to next pole or structure (as per O.P.S.S. 604). ' CONNECT TO SUPPLY-ITEM NO. 62 Supply cabinet shall consist of a lockable weatherproof enclosure Q0217ORB or approved equal with bottom and top entry hubs and lockable hasp and shall be supplied with a 1 pole, 1-30 amp enclosed circuit breaker, Square D Cat. No. Q0130. Supply will be provided from the pole on the north side of the roadway at Sta. 1+220 approximately. Contractor to provide sufficient cable from enclosure to existing cable to allow Veridian Connections to complete connection. Payment at the contract price for this Tender Item shall be full compensation for all labour, equipment and materials required to do the work including ground rods and bare ground wire. Such payment shall include compensation for testing, all accessories required, inspection by Ontario Hydro and energization by Veridian Connections. SPECIAL PROVISIONS-TENDER ITEMS CONTRACT NO. CL2001-12 20 BRACKET ARMS-ITEM NO. 63 Bracket arms used for Item No. 63 are to be 3.65 m tapered elliptical aluminum brackets with a 1.2 m rise. Item No. 63 is to be mounted on new tapered hollow concrete poles. Payment at the Contract price for this Item shall be full compensation for all labour, equipment and materials to do the installation including all brackets and bracket assemblies. Such payment shall ' include compensation for all hardware accessories and adjustments required. i r ' CORPORATION OF THE MUNICIPALITY OF CLARINGTON CONTRACT NO. CL2001-12 1 ' STANDARD DRAWINGS PAGE ONE ' STANDARD DRAWINGS CONTRACT NO. CL2001-12 STANDARD NO. DESCRIPTION TSH-1 LIVE CRIB WALL Detail 1 DECIDUOUS TREE PLANTING DETAIL OPSD- 216.010 BOULEVARD TREATMENTS - URBAN SECTION 218.01 SODDING OF SIDE SLOPES 219.110 LIGHT DUTY SILT FENCE BARRIER 219.130 HEAVY DUTY SILT FENCE BARRIER 219.180 STRAW BALE FLOW CHECK 219.210 TEMPORARY ROCK FLOW CHECK ' 219.240 DEWATERING TRAP 310.010 Mod. CONCRETE SIDEWALK 310.020 Mod. CONCRETE SIDEWALK ADJACENT TO CURB AND GUTTER 310.030 Mod. CONCRETE SIDEWALK RAMPS AT INTERSECTIONS 310.040 UTILITY ISOLATION IN SIDEWALKS 400.01 CATCHBASIN GRATE 401.01 MAINTENANCE HOLE COVER 600.040 CONCRETE BARRIER CURB AND GUTTER 608.010 METHOD OF TERMINATION 610.010 CATCHBASIN FRAME WITH GRADE INSTALLATION AT CURB AND GUTTER 701.010 1200 mm DIA. PRECAST MAINTENANCE HOLE 701.011 1500 mm DIA. PRECAST MAINTENANCE HOLE 701.030 1200 mm DIA. PRECAST CONCRETE MAINTENANCE HOLE COMPONENTS 701.040 1500 mm DIA. PRECAST CONCRETE MAINTENANCE HOLE COMPONENTS 702.040 PRECAST CONCRETE DITCH INLET MAINTENANCE HOLE ' 704.010 MAINTENANCE HOLE AND CATCHBASIN PRECAST ADJUSTMENT UNITS 705.010 600 mm x 600 mm PRECAST CONCRETE CATCHBASIN 705.020 600 mm X 1450 mm PRECAST CONCRETE TWIN INLET CATCHBASIN 705.030 PRECAST CONCRETE DITCH INLET 708.020 SUPPORT FOR PIPE AT CATCHBASIN OR MAINTENANCE HOLE 802.010 FLEXIBLE PIPE EMBEDMENT AND BACKFILL- TYPE 3 SOIL 802.031 RIGID PIPE BEDDING, COVER AND BACKFILL-TYPE 3 SOIL 810.01 RIP-RAP TREATMENT 902.05 APPROACH AND LEAVING END TREATMENTS 902.051 GUIDERAIL END TREATMENTS ' 902.052 GUIDERAIL END TREATMENTS, ECCENTRIC LOADER 904.02 STRUCTURE CONNECTION PARAPET WALL STEEL BEAM GUIDERAIL N - 607 STORM SEWER OUTFALL GRATE S - 409 HYDRANT ASSEMBLY WITH CONCRETE THRUST BLOCKS TOE OF EXIST. O.G. NORTH BANK 100mm TOPSOIL & SEED II L PACK WILLOW LIVE 30' BATTER 1 CUTTINGS — FULL LENGTH OF STRUCTURE 2 & EMBEDDED INTO NATIVE EARTH — TOPSOIL BACKFILL -H LATERAL TIE LOGS W L ° AT 500 mm 0/C — _ 250mm 0 CEDAR POLES (TYP.) (EACH i WAY) 20• _ GEOTEXTILE (TERRAFIX 360R) SIZE 15 REBAR +; ANCHOR PROPOSED CHANNEL ROCK PROTECTION Date 2001 05 31 Rev 1 Date LIVE CRIB WALL - - - - - - - - - - - - - - N.T.S. T7- i n rr !! owl DO NOT CUT OR DAMAGE LEADER PRUNE ONLY INJURED OR DEAD BRANCHES. RETAIN NATURAL SHAPE REMOVE TRUNK WRAP AFTER PLANTING STEEL 'T' BAR (40 X 40 X 5 X 2400) OR ACCEPTABLE WOODEN .. Y� SUBSTITUTE. PLACE STAKE ON SIDE OF PREVAILING WIND. �. .. NOTE: USE 2 STAKES WHEN TREE IS OVER 2.5m IN HEIGHT. �, .. TREES UNDER 70mm CALIPER REQUIRE 2 STAKES, TREES 70mm CALIPER AND OVER REQUIRE 3 STAKES. .. I TREE TIE TO BE FASTENED AROUND THE TREE IN A FIGURE EIGHT, I USING NO.9 GA. GALV. WIRE ENCASED IN 13mm0 RUBBER HOSE. WHITE CORRUGATED PVC PIPE RODENT GUARD 50mm BELOW GRADE TO 500mm ABOVE BASE OF TREE TO BE FLUSH WITH GRADE OR 75mm ABOVE FINISHED GRADE IN POORLY DRAINED SOILS. TRUNK FLARE MUST BE VISIBLE, MARK NORTH SIDE OF TREEll I DO NOT COVER TOP OF ROOT BALL WITH SOIL IN NURSERY; ROTATE TREE 100mm LAYER OF SPECIFIED MULCH, KEPT BACK 50mm FROM TRUNK TO FACE NORTH ON SITE CONSTRUCT 100mm HIGH TOPSOIL SAUCER AROUND TREE BASE. oo 1:1 SLOPE ON SIDES OF PLANTING HOLE. SCARIFY EDGES AND BOTTOM OF PLANTING PIT CUT AND REMOVE ALL TWINE, ROPE, WIRE AND BURLAP FROM TOP HALF OF ROOT BALL REMOVE ALL FOREIGN MATERIAL FROM EXISTING SOIL. BACKFILL WITH EXISTING SOIL MIXED 3:1 WITH TOPSOIL. FIRMLY COMPACT OR WATER SOIL IN 150mm LAYERS TO ELIMINATE AIR POCKETS AND PREVENT SETTLEMENT THOROUGHLY SOAK PIT WITH WATER IN NEXT TO LAST LAYER PLACE ROOT BALL ON UNEXCAVATED OR THOROUGHLY COMPACTED SOIL MINIMUM 3X DIAMETER OF ROOT BALL WATER THOROUGHLY AFTER PLANTING. ALL PLANTS TO BE SPRAYED WITH ANTI DESICCANT SPRAY PRIOR TO SHIPPING I DECIDUOUS TREE PLANTING DETAIL N.T.S. DETAIL 1 l Sidewalk 0.3m min Note 1 Original_ground_ Pavement Granular base Boulevard surface Om - 2% —+ 27.min 8Rmax 2% ti i 2. Rounding - breakpoint 0.3m Granular Subgrade TyP subbase SOmm min Typ Pipe subdrain Typ 1 CUT AND FILL SECTION WITH BARRIER CURB Sidewalk 0.3m min Note 1 ' Pavement surface 0,5 Ori inai round mil Granular base m 9 _ ground 2% — 2%min 8%max 2R �o-r-- ti •_ :` 9« •..: .•��' Depth as �. specified �`ox Rounding Granular Subgrade breakpoint subbase r - CUT AND FILL SECTION WITH MOUNTABLE CURE NOTES: 1 Where steel beam guide rail is indicated, the minimum rounding shall be 1.0m, with 0.5m required from edge of sidewalk to rounding breakpoint. A All dimensions are in millimetres or metres unless otherwise shown. ONTARIO PROVINCIAL STANDARD DRAWING 1994 05 16 Rev BOULEVARD TREATMENTS Date _ _ _ _ _ _ some 00 iW 1111110 fib M 01111M l it lw i mom M OM i, or steeper, Sa ( n defooe k ing ryp h with sosur to flush _ •:r :� +-r... doe too /00 100 0 10 :-�•j •. ; / •" "' � _ �. - •pifnot ied y 1. '- •r ' poi lo - Subgrode elevation - - on roadway frontslope ,� of OP j , j , •• , / ., • . . NOTES: A For application to designated areas. B All dimensions are in millimetres unless otherwise shown. ONTARIO PROVINCIAL STANDARD DRAWING Date 11990 09 14 1 Rev 2 Date SODDING OF SIDE SLOPES Area under ^^ construction F" \o \�Sc� � End run � rr Barrier 16 1 1� main run g 46 End run Area under protection j r, 1y w / i6i rr �v Area under PERSPECTIVE VIEW construction Direction of flow C� Area under protection SECTION VIEW Silt fence barrier h Direction of flow 20) A r-10, tad. 2.3m max T I ,. Main run ! A L-1110, PLAN OF SILT FENCE BARRIER j Stake c Geotextile E E a Direction to Trench to be of flow I backfilled compact and jl compcted Earth surface T � � Q O N� 3� 0Omm min I o 0 of textile 00 to in french SECTION A—A NOTE: A All dimensions are in millimetres or metres unless otherwise shown. ONTARIO PROVINCIAL STANDARD DRAWING 1996 02 011 Rev LIGHT DUTY - - - - - - - - - - OP Clt T CCAI�[' QAQ[�I �Q Date — — — — — — .3 Area under !�^ construction f i End °� run j Barrier "� 6 main run � End run law 4a4 Area under protection Ill PERSPECTIVE VIEW Area under Direction of flow construction Area under protection SECTION VIEW Silt fence barrier �2 Direction of flow e A r* Ad`Z 'L Stakes I 2m max. Tvp _I Main run A� PLAN OF SILT FENCE BARRIER Geotextile Control measure support c E E Stake E 0 Direction 40 Trench to be of flow backfilled and I Compacted Earth surface O O N O 300mm in rn of geotextile 200 in trench SECTION A—A � NOTE: A All dimensions are in millimetres or metres unless otherwise shown. ONTARIO PROVINCLAL STANDARD DRAWING 1996 02 01 Rev - OP HEAVY DUTY - - - - - - - - - - S Date SILT FENCE BARRIER i Direction of flow ' Straw bales � Stakes 150mm C Note 1 I from end of bales A A 1 CL-0- PLAN VIEW FLAT BOTTOM DITCH OR CHANNEL Ditch s/o Ae Stakes driven flush Lowest level Bottom of end bales `-,L ___ __ of downstream row to be higher than lowest point of flow check. Downstream bale position SECTION A—A outlined. Direction of flow Straw bales J Stakes 150mm Note 1. C r+ I from end of bales 13 6 . ' . . . . . i 1 C PLAN VIEW V—DITCH Ditch s/0 e Stakes driven flush Lowest point / Bottom of end bales--/ -' , of downstream row to Trench Ties not to be higher than lowest ground act with point of flow check. SECTION B—B 75 Downstream bale position outlined. Note 2 F+-1500 NOTES: SECTION C—C 1 Number of bales varies to suit ditch or channel. 2 Balance of excavated trench to be A Ali dimensions are in millimetres or backfilled following bale placement. metres unless otherwise shown. ONTARIO PROVINCIAL STANDARD DRAWING 1996 02 01 Rev — — — — — — — ---V— STRAW BALE FLOW CHECK Date — — — — — — Direction of flow , j . Spillway l•• �► cm — `J � l J PLAN VIEW at 300mm min 300mm min \� —. 100 Spillway Geotextile SECTION Spillway r-150 Second rift of rock Geotextile Direction of flow First lift of rock • Mmm Trench to be backfilled and �� 1� ;-:�. ► s 200mm compacted NOTE: SECTION B—B L 300 mm dimensions A All . metres unless otherwise shown. Light duty sediment �O 1 Direction of flow G� barrier �@Om a=% min 1 Dewatering trap 0.5 / Side slope Rock flow check 1m min not to exceed 0.5:1 SECTION A—A Typ i Silt fence barrier OPSD-219.110 Temporary rock flow check A E Excavated basin A Interface to be <gap free J DEWATERING TRAP WITH SILT FENCE ■ Straw bale barrier ■ ■ OPSD-219.100 ■ / Temporary i4in rock flow check A ■ o avated basin A ■ N terface to be / gap free ■ I • ■ _! • � 20m max --=i ■ `V is 1111is *Is ale ale min 01= 0106100 ■ DEWATERING TRAP WITH STRAW BALES NOTE: A All dimensions are in millimetres or metres unless otherwise shown. ONTARIO PROVINCIAL STANDARD DRAWING 1996 02 01 Rev OP — DEWATERING TRAP Date —--- — — n r1%C%r*% 7 A(1 Varies 1.2m Min. Note 2 0.3m min BOULEVARD ox sko Concrete 29, to 109. M 29G to 89. Slope 2%C to 4% sidewalk — , __,___._..--_,-- 12— R=5mm ~Subgrode or granular Note 1 base as specified TYPICAL SECTION e - Y Curb and gutter Expansion joint material o BOULEVARD R=0qm Note i Typ CONTRACTION JOINT ......... R=5mm Typ 5 ---I 2.Om TYP Expansio ° e joints ° c a;i � Contraction ° . . ..� c joints --I I--1 -MM expansion Typ joint material EXPANSION JOINT JOINT LAYOUT NOTES: 1 Sidewalk thickness at residential driveways A All dimensions are in millimetres or and adjacent to curb shall be 150mm. metres unless otherwise shown. At commercial and industrial driveways, the thickness shall be 150mm. 2 Sidewalk width shall be increased to 2.4m or as specified at schools, bus stops and other high pedestrian areas. ONTARIO PROVINCIAL STANDARD DRAWING 1993 10 01 IR ev _ _ -IOQIJEU_ _ _ S CONCRETE SIDEWALK Date 2Q01 -03 97- OPSD - 310.010 1.5m Note 2 Expansion joint material Finished road �—Sloe 2% to 4% surface o' " -°: a .: . v 150mm e v e TNote 1 v 1 . ° ° Concrete R=5mm ' ? R=5mm f sidewalk ' a L Subgrade or granular base as specified Curb and gutter as specified TYPICAL SECTION Expansion 5-1� 0.25 T joint material , Curb and gutter � c m FE o 2Am f�- Typ CONTRACTION JOINT contraction joint Expansion R=5mm Typ 5 joints 77' s FE o Contraction joint --I I--12mm expansion joint material EXPANSION JOINT JOINT LAYOUT NOTES: 1 Sidewalk thickness at residential driveways A All dimensions are in millimetres or and adjacent to curb shall be 150mm. metres unless otherwise shown. At commercial and industrial driveways, the thickness shall be 150mm. 2 Sidewalk width shall be increased to: — 1.8m when adjacent to curb on major roadways or as specified. — 2.4m at schools, bus stops and other high pedestrian areas or as specified. ONTARIO PROVINCIAL STANDARD DRAWING 1993 10 011 Rev CONCRETE SIDEWALK _ _ MODIEIED_ _ _ S ADJACENT TO Date 2Q01 -03 97 CURB AND GUTTER I OPSD - 310.020 Stop or yield Stop or yield street Contraction street joint Contraction Expansion joints joint 2.5m Typ {�ramp Ramp slopes I 8% max — 2.Om -- 1Y? Typ --� TYP 1.5m ° !is . Typ Expansion joint Curb and gutter material, Typ Curb and gutter Through street— Through street—� UNSIGNALIZED INTERSECTIONS -------Contraction joint Back of sidewalk Expansion lines Typ i Directional lines Crosswalk / \ 0.3m apart and TO ° 1.5m long — min is Typ Curb and -- j gutter ------ ° 1.0 1.5 1.0 Gutter line `o^ RAMP ELEVATION heir curb height 0 � i •S i 1.0/ Curb and gutter Finished road surface Expansion joint material SIGNALIZED INTERSECTIONS 2.5m Back of sidewalk .r—Slope 8% max 5% desirable _ v � - v ° 150mm min Curb and gutter Sidewalk ramp as specified TYPICAL RAMP SECTION NOTES: A Directional lines shall be 10x10mm made B All dimensions are in millimetres or with grooving tool having a 15mm radius. metres unless otherwise shown. ONTARIO PROVINCIAL STANDARD DRAWING 1993 10 01 1 Rev CONCRETE SIDEWALK RAMPS - - -""""IF—D— — — s Date 2Q01 -03 97 AT INTERSECTIONS nPSn - 310.030 Sidewalk Typ I I 1 Note 1 1 Curb Typ Catch basin Face of curb Expansion joint Typ material CATCH BASIN Expansion joint Note 2 Expansion joint material Note 3 Maintenance hole UTILITY APPURTENANCE Expansion joint Note 2 Provide a minimum of 100mm clearance Pole Asphaltic concrete around pole Note 4 UTILITY POLE NOTES: 1 Expansion joint through sidewalk is 4 For portland cement concrete alternative required when curb and gutter is use expansion joint material around boxout. poured integral with sidewalk. A All dimensions are in millimetres or metres 2 Adjust joints to coincide with centre of unless otherwise shown. utility, with minimum slab length of 1 m. 3 Expansion joint material shall be placed around maintenance holes flush with concrete surface. ONTARIO PROVINCIAL. STANDARD DRAWING 1 ss3 10 01 Rev UTILITY ISOLATION - - - - - - - - - - NP IN SIDEWALKS A A r ter' M W W mom M ■r 825 Soo 108 !~ N 19mm dtatod 552— 64 Q _' 32- tf 9 T M IP"10�7 1 t �86l /fe *� N N I / � 102 ,f ;s \ 'o ' �I_Z' ' 76 ' I \� i N 102 -+�5t 611`, is I 7p_ \� co h r I Ig n o n 32 170, —1 N GRATE PLAN SECTION C-C 152 R*838 R:4.57m mm FRAME PLAN SECTION 9-8 ' (yp) 25mm a � (Typ) to 657 �— 9 17 623 •I7 R=25mm R=25mm _• _13mm (Typ) SI'ot detail 1 _t_ SECTION D-D SECTION E-E .� j NOTE: �. A All dimensions are in•millimetres unless otherwise shown. �•.-toy (• 615 SECTION A—A ONTARIO PROVINCIAL STANDARD DRAWING Date 19053 31 Rev 1 Date----- '-' CATCH BASIN , CAST IRON, �-^-- R;14.5mm - SLOT DETAIL FRAME & DISHED SQUARE GRATE • IOPSD— 400 . 01 tilt a lin IFI til , IoI ICI IUI m - - Ioi Iii \ / t�l ut utaii��■t t� u \ '� �� 1/I 'rJl ill LI 1111 LI Its Li LI �a LI ■t t.I lin I.I li Ir t.t �do tl tl tl I►�I 1I IIII Its I.i al I■ I■ ul a .l t.t LI III .1 ■t L� 11 ■1 °11 IfI 1►�1 IIII ICI 111 71 it E1.04 lei ial lil liil lit Ilit is In Itl ., {a �.I t1 11I Ilfl 1t. L� LI LI GI o ■1 t.l f.l nt Lt v ■� .1 tG. '9I ICI . !.I itl IIII ICI IN LI Ir :_1111 t!I ■l� �t � � � � w �t., t�l I �♦ I.I It. .11 LI 1111 1 111I if I■ I■ L_I •�t•�•��'�•�•w•_ 1.1 .�• �� L LI .I m ICI ICI .I � Itl I.1 71/11pH11�I�I to to i■I IIII I._l .1 \�� is a Itll Iii to 1 �I MAINTENANCE HOLES CAST��\� IRON - COVER W �V c Dropped curb at n entrances x 100mm Typ Note 2 Finished 25 300 50 150 25 300 50 150 Typ I road Thickness surface a .. of sidewalk TYP ZID 25 :3 • . 525 !-- 50 525 50 TANGENT Additional width where sidewalk Is adjacent to curb SUPERELEIIATED Typ NOTES: 1 Flexible pavement shall be 5mm above the adjacent edge of gutter. 2 Where sidewalk is continuously adjacent, reduce the dropped curb at entrances to 75mm. 3 For slipfonming procedure, a 5y batter is acceptable. A Treatment at entrances shall conform with OPSD-351.010. LEGEND: B Outlet treatment shall conform with OPSO-610 Series. S — Rate of pavement superelevation In percent, X. C The length of transition from one curb type to another shall be 3.0m, except in conjunction with ONTARIO PROVINCIAL STANDARD DRAWING F 1999 Rev guide rail, it shall conform to Al dimensions series. CONCRETE BARRIER CURB - - - - - - - DAll dimensions are in millimetres WITH STANDARD GUTTER - - - - - - - - - unlesa otherwise shown. FOR FLEXIBLE PAVEMENT OPSD - 600.040 150mm 3.8m Termination min Curb and gutter t 0 0It' t Gutter Gne � 2 P _ 25 LAN �-- END VIEW --------------------- ELEVATION MOUNTABLE CURB AND GUTTER Curb and 150mm gutter 3.8m Termination min � t 0 t Gutter � � curb Gne PLAN -T- �I varies�-- ell END VIEW ------------------- ELEVATION BARRIER AND SEMI-MOUNTABLE CURB AND GUTTER NOTES: 1 Slope to match existing shoulder. A This drawing is to be read in conjunction with OPSD-600 series curb and gutter drawings. B Al dimensions are in millimetres unless otherwise shown. ONTARIO PROVINCIAL STANDARD DRAWING April 1999 METHOD OF TERMINATION ______FOR CONCRETE CURB AND GUTTER npCtl Semi-mountable or A Saw cut Hot mix asphalt mountable curb and gutter EP f curb or joint, Typ Barrier curb and gutter r'_� Mortar Curb See details 20mm max below ---- -- —_--- 1 - i 1 5 [Typ Face of curb O O `- •;. --j t. Gutter ----- -- --- Adjustment units ' See OPSO 704.010 EP Granular SECTION A—A base //6/, O Bi E —�g A Frame with grate 125 PLAN Gutter line L. . pe4 10 Saw cut Top of curb Ta r: length 150mm max Top of or joint, Typ depth 5mm min, Typ pavement �----Hot miAcepholt Typ BARRIER CURB SEMI—MOUNTABLE or MOUNTABLE : : .'•. . ' : . CURB AND GUTTER DETAILS 25 I.J. • cutter line NOTE: SECTION B-8 Typ nulor base ' 10 A All dimensions are in millimetres unless otherwise shown. ONTARIO PROVINCIAL STANDARD DRAWING Nov 20007 Rev 0 CATCH BASIN FRAME WITH GRATE - _ _ _ _ _ _ _ _ P INSTALLATION AT - - - - - - - - - - BARR CURB AANOECUTTER CURB AND GUTTER 10PSD - 610.010 For adjustment a------ r unit and from* t'1-_^____Lb installation see OPSD-704.010 TYp •r% Tapered top• , See altematrve 0 ' 1200mm dia ALTERNATIVES Riser sections A SUMP FOR STORM SEWER as required MAINTENANCE HOLE ----------- , Monolithic base with inlet and outlet 300mm max + Note 1 openings to suit TYP See alternatives A.B and D ••f • . • ••gill •• 300mm. v• Grorxila, Granular r'_• .�.:_'�:+. �:..r.J bedding bedding B PRECAST SLAB BASE C CAST—IN—PLACE BASE D PRECAST FLAT CAP Bottom riser section with inlet and outlet openings to suit Flat cap Riser 150 section .. --- 1200mm duo • •j :i; s( ' 275 i FSs •�•-% . .c;`:'• '~ sectier on (',• ' .. .`. l ••;• s1 ,;.' •.. , 300 U. Gronulw •• Steel reinforcement Granular bedding as specified bedding NOTES: 1 The sump is measured from the lowest invert. E hole benching s details, and flow configurations.n Pipe A Granular backfill to be placed to a minimum see OPSD-701.021. thickness of 300mm all around the maintenance hole. F All dimensions are nominal. B Precast concrete components according G unless otherwise in millimetres to OPSD-701.030. C Structure exceeding S.Om in depth to include safety platform according to OPSD-404.020. D Pipe support according to OPSD-708.020. ONTARIO PROVINCIAL STANDARD DRAWING rn- 999 Rev 2 PRECAST MAINTENANCE HOLE - 1 200mm DIAMETER D - 701 .010 For adjustment R-------r ALTERNATIVES unit and frame Ci1-------1`3 installation see =T-'-----T= OPSD-704.010 I-- Typ e A PRECAST MONOLITHIC BASE A • Tapered top r ! See alternative D ; and E e Riser sections 3 P �.•�. as required q � 1200mm dia a Granular bedding --E•_•__.__=_ Transition slab f See alternative C � B CAST—IN—PLACE BASE 1500mm dia a c 300mm max r E 150 Riser sections ♦ _E150 as required Typ E • e. 0 300 r! Bench or sump W 300 Note 1 .V Precast slab base if :`:4 ' ' •d e 300 See alternative i e' y '. •�" A and B �.• .. :-� . T- L __= 1 Granular-�`_'r`�`_.`r.`.:::`+l bedding Steel reinforcement Granular 300mm I-- as specified bedding Typ C TAPERED TRANSITION SLAB D 1200mm PRECAST FLAT CAP E 1500mm PRECAST FLAT CAP 125 1200 125 ------- Flat Flat j 1 00mm di cap cap ! Riser Riser ----'------- section section 150 1500 150 1500mm dia NOTES: 1 For sump detail see OPSD-701.010. D Pipe support according to OPSD-708.020. A Granular backfill to be placed to a E For benching details, maximum pipe hole minimum thickness of 300mm all diameters and flow configurations, see around the maintenance hole. OPSD-701.021. B Precast concrete components according F All dimensions are nominal. to OPSD-701.040, OPSD-703.010 and G All dimensions are in millimetres unless OPSD-706.010. otherwise shown. C Structures exceeding 5.Om in depth to include safety platform according to OPSD-404.020. ONTARIO PROVINCIAL STANDARD DRAWING April 1999 1 Rev 12 P PRECAST MAINTENANCE HOLE -_ - - - - - - - - -_ _ 1500mm DIAMETER OPSD - 701 .011 2-15M O 75mm 2-113M SM O 150mm i / WWF Circ steel: C 3-15M O 150mm 2S0mm2/m A A � ++ � A 2-115M o ,somm /Y B air B PLAN 15M Orate nfenee elsvetfon 230 61lS 230 2-1SM O 73mm--v �3-1SM O 150mm t --- Tope, top -- -- -- --j ,1-- y I--- WWF PLAN C ± C FM cap 252 '?/'.m I }� 1475mm dlo—� O no 20S—.�1+Gas � ` I 125•-4 1200.m dl,—I 125 PLAN III II�) SECTION A—A SECTION 8-8 TAPERED TOP FLAT CAP RhK section 4-15M O 300mm OC 4-15M O 300mm OC I , each way eoeh woy 1:5 1200mm dlo 125 1-1 LIA wanolMla De". (7D + T— .Bose slob Ah fter =7 D E E al. t ` ® O MCI sleet: Jewry 3rd1 Dar , � a f I PLAN MCI /m PLAN os shown i 12s 1200mm di L r 12S -1 r Ir e00mmf to max 2400mm. __ 1kwF dr steel: SECTION C.—C 150nvn Merements —]----- NU MN 147Smm dfo 15M Dent Dar RISER SECTION . 300 O erery 3rd bar )TES: r_ as shown Precast bases are available for T—SECTION E—E depth of bury greater than 10m. SECTION D—D BASE SLAB Depth of bury measured to floor of MONOLITHIC BASE 10Am max monolithic base or top of base slab. 10.0m max Note 1 All reinforcing steel shall have Note 1 25mm minimum cover. ONTARIO PROVINCIAL STANDARD DRAWING 1998 03 01 Rev 1 Steps d OPSO-405.020.OPSD-405.010 . PRECAST CONCRETE _ _ _ _ p S All dimensions are nominal. MAINTENANCE HOLE COMPONENTS - - - - - - - - - -- All dimensions are res millimetres 1200mm DIAMETER rOPSD 701 .030 or met unless otherwise shown. 2-15M O 75mm 2-15M O 75mm 15M t;�O 15M O 75mm 15M 3-15M O 75mm A { �A 3-15M O 75mm F+ 1 B 15M oo ` B 15M Grote reference elevation 2-15M O 75mm �3-15M O 75mm .L _--------- - �- WWF Cir steel; Ir-- � + 31 3-15M O 75mm 2-15M O 75mm L-3-115M O 75mm 15M P otoll m / PLAN 1830mm dia l 125-1 i+-1200mm dia--I 15in 1200mm dia I—L t I �1 /I min 1' � I � 305 MH as per ,� ^ 1 �� C 1200mm dio C �-— I n �. n oPSO-70 1.030 _ = M SECTION B—B I /� _ ^1S1830mm dia TRANSITION SLAB Transition slab SECTION A-A 10.Om max +- or tapered TAPERED TRANSITION SLAB Note 1 PLAN transition slob 10.Om max 5-15M O 300mm OC Riser section -—-_ E Note 1 each way 5-15M O each way �►----1500mm dia---� 150 i I I f �-- --------------l x .0 �► I. ') e e Riser section. D D « E chi E Monolithic ba.. E E E alternative a I WWF I 3e n�°- ` Circ steel: 15M bent bar •1 315mm2/m every 3rd bar > i� PLAN Total as shown 1_ Base slab I PLAN I ► 150--{ F►--150omm dia IT 150 1830mm dio SECTION C—C 1500mm to 1200mm dia l I 1 ctr..stee[: LI_ 15M bent bar RISER SECTION n E r 315mm2/m 305 - ,. every 3rd bar c 300 0 Total `ate-, as shown NOTES: E'- 205 T SECTION E-E 1 Precast transition slabs and T SECTION D-D BASE SLAB precast bases are available for > MONOLITHIC BASE 10.Om max depth of bury greater than 10m. 10.Om Max Note 1 A All reinforcing steel shall have Note 1 25mm minimum cover. ONTARIO PROVINCIAL STANDARD DRAWING 1998 03 01 Rev 1 ST B Steps according to OPSD-405.010 and OPSD-405.020. PRECAST CONCRETE � P C All dimensions are nominal. - - - - - - - - - - D All dimensions are in millimetres MAINTENANCE HOLE COMPONENTS - - - - - - - - - - V or metres unless otherwise shown. 1500mm DIAMETER rOPSD — 701 .040 41A ALTERNATIVE o 1 1 a E 1 8:1 r 1 rt o , B rat 1 �t B � � , . � �•i. � ,v 1 tr r ' 1 I Tom....-� ••••-��•�.�_..•...••t •••�• r� S y�E BENCHING DETAIL L bedding �-- 1650 PLAN A 6 0 4 reference 73 1346 73 Slope varies 6 elevation 225 X � ! •` E a . � 1°o) E o S5 o i E = . a ---------------- 10M °O~ _600 _ v O 300mm, O X each way O c ±• n 225 -1 1200 225 225 1200 225 E u o 1 o •. . o co x n A225 *: E E 300mm min, 300mm E °' sump 0 all sides 00 m 10M ® •° Note 1 Typ 300mm SECTION A-A Granular bedding SECTION B-B NOTES: Opening Dimensions 1 The sump is measured from the lowest invert. mm A Where inlet is placed across ditch and is accessible to Grate a ISlooe a b vehicular traffic, grating slope is to be 6:1 or flatter. 2:1 670 52 B Granular backfill to be placed to a minimum thickness of 3:1 632 71 300mm all around the maintenance hole. B 4:1 st8 7s C Concrete for benching to be 30MPa. D Grating according to OPSD-403.010. 6:1 608 83 E Steps according to OPSD-405.010 and OPSD-405.020. L HOR soo 87 F Max opening: straight through pipe-1200mm dia; right angle pipe-700mm dia. G Pipe support according to OPSD-708.020. H All reinforcing steel to have 25mm minimum cover. I Al dimensions are nominal. J All dimensions are in millimetres or metres unless otherwise shown. ONTARIO PROVINCIAL STANDARD DRAWING 1996 09 15_1 Rev PRECAST CONCRETE DITCH INLET _ _ _ _ _ _ _ _ _ - RnAVII MAINTENANCE HOLE - TYPE A Date _ _ _ _ _ _ i 4)nnrv%r•, %r l f)nn...,." n�'OTU _ I Ar" ►IAY nocn _ wi M Curb wit Curb it Grate reference elevation —+Pavt "Utter -�-Pavt gutter I� TYP �_ n Frame a ll Standard frame R---i---r 11�r n set in a fu!! 450mm cal _1—_= mortar bed and grate VXj maximum to =A Typ TO first step TYP Adjustment units: EM •� Note t r y minimum of one, '' � -------- maximum of three .: TO 300mm •. TO . � SECTION THROUGH IM SECTION THROUGH TAPER TOP SECTION THROUGH CATCH BASIN FLAT CAP Maintenance hole step Note 1 ------------ � ------------ Adjustment units Adjustment units for — for catch basins maintenance holes Frame and grate, or cover _ with square with round openings. -- ---- openings. Available in sections f i Available in or continuous units I sections or continuous units i Toper top \ Flat cap ll, l Catch basin \ Riser section II II NOTES: 1 if first step is in an adjustment unit, B All dimensions are in millimetres the adjustment unit shall be of the or metres unless otherwise shown. type manufactured with a step in place. A Adjustment units shall not extend ONTARIO PROVINCIAL STANDARD DRAWING 1996 09 15 Rev beyond the outside edge of the structure. MAINTENANCE HOLE AND SP CATCH BASIN PRECAST CONCRETE Date — — — — — _ An 11 ICTUC 0T I WITC rnpcn _ 704 (0)10 150mm B overlap J' r ALTERNATE STANDARD —� HEIGHTS A 1980mm A A B 1830mm VWYF 2 C 1520mm 185mm /m, t each way B PLAN 830 830 . 115 600 115 115 604 115 '- o :1 o � o > v + o � Knockout Typ • ' Note 2 1.3 Note 2 250 1 Q1 -o= + CL ty v > °° ° o a c • ' N Outlet hole JE E j E Note 1 E 18 mm 2/m, 0 a ° ,n each way E I • 300mm all sides TYP T- - . ' . .'• ". Granular SECTION A—A bedding SECTION B—B NOTES: 1 Outlet hole size 525mm diameter maximum, C Frame, grate and adjustment units shall location as required. be installed according to OPSD--704.010. 2 200mm diameter knockout to accommodate D Pipe support according to OPSD--708.020.t subdrain. Knockout to be 60mm deep. E All dimensions are nominal. A All reinforcing steel shall have 25mm F All dimensions are in millimetres minimum cover. or metres unless otherwise shown. 8 Granular backriill to be placed to a minimum thickness of 300mm all around the catch basin. ONTARIO PROVINCIAL STANDARD DRAWING 1996 09 15 Rev PRECAST CONCRETE - - - - - - - - - - °SP CATCH BASIN Date _ _ _ _ _ _ B 3-10M stirrups WWF 8 300mm 185mm 2/m, each way 2-tOM �- 2-15M n M L... �� I I ---T 25 A A 115 1--- 600--I 115 150mm overlap BEAM DETAIL IT PLAN 1 ALTERNATE HEIGHTS STANDARD 6 A 1980mm 8 1830mm C 1520mm 1680 115 600 250 600 115 � � � 830 o E _e iR r o E M V \ 4 = \ + N G ttslote Knockout 250 2 l E Typ 2 I E u Note . d OD:k Outlet hole E o •` E a`r° tl Note i 0 E E wWF � c ' ! 4 (o 300mm-+j 185mm 2/m. each way �' all sides I 150mm overlap }� !': _ ,.��'( TVP `-�---,- -ti--�-�-�—�- "-r- . . -T.`,' 150 Granular__—__J- SECTION A—A bedding SECTION B—B NOTES: 1 Outlet hole size 525mm diameter maximum, location as required. 2 200mm diameter knockout to accommodate subdrain. Knockout to be 60mm deep. A All reinforcing steel shall have 25mm minimum cover. 8 Granular backfill to be placed to a minimum thickness of 300mm all around the catch basin. C frame. grate and adjustment units shall be installed according to OPSD-704.010. 0 Pipe support according to OPSD-708.020. E All dimensions are nominal. F All dimensions are in millimetres or metres unless otherwise shown. ONTARIO PROVINCIAL STANDARD DRAWING 1996 09 15 Rev PRECAST CONCRETE _ - - - - - - - - - °sP TWIN INLET CATCH BASIN Date A (� 775mm --{ SM/Ti Grate o reference ' elevation 6 1 t � 1 I -+ I o l I o 150 . 150 ., 600 1 Outlet hole 1 E WWF E o. E ( Note 1 I 1= 185mm 2/m, 150 I I 150 u°� each way JA,_7 h i-- 600 I I 300mm }------------1 all sides O to Granular bedding A SECTION A—A FRONT VIEW NOTES: Opening Dimensions 1 Outlet hole size 525mm maximum diameter, location rA ate o b as required.A W here inlet is placed across ditch and 2:1 670 52 is accessible to vehicular traffic, grating 3:1 632 72 slope is to be 6:1 or flatter. 4:1 618 79 B All reinforcing steel shall have 25mrrr minimum cover. 6:1 1 608 83 C Granular backfill to be placed to a minimum 8:1 605 85 thickness of 300mm all around the ditch inlet. 10:1 603 86 D Grating according to OPSD-403.010. HOR 600 87 E Pipe support according to OPSD-708.020. F All dimensions are nominal. G All dimensions are in millimetres or metres unless otherwise shown. ONTARIO PROVINCIAL STANDARD DRAWING i 996 09 15 Rev PRECAST CONCRETE - - - - - - - - - - SP DITCH INLET Date _ _ _ _ _ _ CONCRETE CRADLE FLEXIBLE, WATERTIGHT CONNECTOR FLEXIBLE JOINT RIGID PIPE RIGID AND FLEXIBLE PIPE RIGID AND FLEXIBLE PIPE r S K) E �300mm min o I Flexible oint to be For installation of these connectors l placed w}thin 300mm '�'�'�'�'� �. refer t0 manufacturer's instructions. of wall of structure y,�,� A full length of pipe may, be used j �._.�.._.=._.�r.� in conjunction with a flexible, 4 '•�, I PLAN watertight connector. 300mm min Catch basin or maintenance hole L Granular backfill �—f•'' ""— I � Granular backfill Granular bedding —.,� "E'L�EjVA�TjIOjN I•I..1.dJ..J.��Y.i•r ..l X X K X'K \ Y.• XIK fL�5' X V.�1i.•i.tf..1L..1f� L lf� 300mm min Granular bedding Note t ELEVATION NOTES: ONTARIO PROVINCIAL STANDARD DRAWING 1996 Os 15 Rev 1 Pipe to be supported with minimum 10 n Pa concrete to the first pipe SUPPORT FOR PIPE AT CATCH - - - - - - - - - - sP A All dimenstons are in millimetres A A D (/�� C Date _ _ _ _ _ _ -. --16—w .�wlwww 04{+00781100 Qk^W.f RACIN • .1t" MAINTFNAW-F 1401 ■ /A^A!\ "^e% ^f%^ M awl r M M M r M M W r M M M r M M M M PIPE IN SUPPORTED PIPE IN UNSUPPORTED PIPE IN SUPPORTED EXCAVATION EXCAVATION EXCAVATION Note 3, Typ Subgrade 2 Support system ,Q1 1 Q Typ 1 1 . , •. Backfill material. Clearance, • For culvert frost treatment 1• see table, Typ • 300mm min. '• ', Note 2 1. f� Typ Clearance, 300mm min �,• see table E r 150 -E0 o , E c t IN TYPE 1 OR 2 TYPE 3 .r • SOIL SOIL D 2 150 , 0.50 0.5D Bedding grade Note 1 Note 1 PIPE IN SUPPORTED PIPE IN UNSUPPORTED :GEND: EXCAVATION EXCAVATION — Inside diameter 2 Subgrade The pipe bed shall be shaped to receive the bottom of the pipe. • y. D •�' .''' Backilli material. Pipe culvert frost treatment according to OPSD-803.030 and 803.031. •,' For culvert frost treatment Condition of trench is symmetrical about centreline of pipe. Nate 2 Granular material placed under the haunches must be compacted 150 Bedding grade CLEARANCE TABLE prior to continued placement and compaction of embedment material. o S D �2 TYPE 4 Pipe Clearance Embedment material shall be homogeneous granular material, and Note 1 S01L Inside Diameter mm shall be placed and compacted uniformly. around the pipe. soo omtess 300 Soil types as defined in the Health do Safety Act and over goo 500 Regulations for Construction Projects. Protection against heavy ONTARIO PROVINCIAL STANDARD DRAWING 1996 09 15 Rev construction equipment according to OPSD-808.010. FLEXIBLE PIPE - - - - - - - - - - p— li --, All dimensions are in millimetres Date —.— — — — or metres unless otherwise shown. EMBEDMENT AND 6XCKFILL 'EARTH EXCAVATION OPSD -- $02.010 +ter IMI M. r IM Ir r IM r M M M M r MIMI M M 1•l PIPE IN SUPPORTED PIPE IN UNSUPPORTED PIPE IN UNSUPPORTED PIPE IN SUPPORTED EXCAVATION EXCAVATION EXCAVATION EXCAVATION Note 4 OD Subgrade OD TYP 2 2 Aomm min, Typ a1 1� • Support system Backfill material. Q 1 ' Clearance, Typ / For culvert frost treatmen 1.5 • see table 15. Note 3 Typ 0 Cover material D Q :`. 0.15010 LO 300mm min, Typ Compacted granular 1..• bedding material Note 1 Bedding grade Typ D OD 2 2 0.500 0.600 Note 2 Note 2 CLASS B — BEDDING CLASS C — BEDDING NOTES: 1 The minimum bedding depth below the pipe shall be 0.15.0. CLEARANCE TABLE In no case shall this dimension be less than 150mm or LEGEND: pipe greater than 300mm. 0 — Inside diameter Inside Diameter Clearance 2 The pipe bed shall be shaped to receive the bottom of the pipe. p.0 — Outside diameter mm mm 3 Pipe culvert frost treatment according to OPSD-803.030 and 803.031. 900 or less 300 4 Condition of trench is symmetrical about centreline of pipe. Over 900 1 500 A Soil types as defined in the Health & Safety Act and Regulations for Construction Projects. B Protection against heavy construction equipment according ONTARIO PROVINCIAL STANDARD DRAWING 1996 09 15 Rev to OPSD-808.010, SP C All dimensions are in millimetres RIGID PIPE BEDDING, _ _ _ _ _ _ _ _ _ _ or metres unless otherwise shown. COVER AND BACKFILL Date _ _ _ — _ _ TYPE 3 SOIL - EARTH EXCAVATION iopm -- $02.031 ar rr rl r rr rr r rr �r rr rr rr Ir rI r rr rr rr rr TYPE 'A' TYPE 'B' ` WITHOUT GEOTEXTILE WITH GEOTEXTILE 8 500 mm Overlap M Ditch 300 Ditch 300 A i Geotaxttle A r A Lap In direction of flow A PLAN :;:•.:'•' .,::: X300 CUT OR FILL PLAN Geotextil* q. CUT OR FILL Ditch Ditch 300 mm Hand laid _... � -300mm Hand laid Vo Var Geolextile SECTION A-A CUT SECTION A-A CUT �'- ---.- Toe of slope - .--__ l - Ditch - __ - Toe of slope Ditch Var Geotexti le-- 300 mm Hand laid Vor— 300mm Hand laid SECTION A-A FILL SECTION A-A FILL NOTE: ONTARIO PROVINCIAL STANDARD DRAWING Date 1990 07 30 1 Rev 2 A All dimensions are in millimetres �� p RAP TREATMENT Date unless otherwise shown. — ----- FOR SEWER AND CULVERT OUTLETS r 0PSD -$10.01 lirr rr ■r Ir rr lir i r r Ir Ir r Ir rr r Ir Ir irr lir th of need ��' Calculated leng osts V Weakpetai1 P 0 Breakpoint in rounding, :190. w, _�_----�� For minimum clearance see ° ------------- --" Note 1 Table 1 Edge of shoulder -7;5-=-Tr-af-fic-fIa-w PLAN Edge of driving lane Traffic flow FILL OR CUT Leaving end treatment Varies 22.81m to 74.17m Approach and treatment 4 standard rail lengths Post 1 4 standard rail lengths -rr- -�- Post 0 ELEVATION OFFSET TABLE Posts x Y 0sq x I r Po-q x I r F36 ,Y Y TABLE 1 7 13.32 0.47 16 30.35 2.44 25 47.13 5.94 63.52 10.93 _ DESIGN MINIMUM ost X Y 8 15.22 0.61 17 32.23 2.75 26 48.97 6.42 • 65.32 11.58 SPEED CLEARANCE 0 0 0 9 17.12 0.77 18 34.10 3.09 27 50.81 6.92 67.10 12.2+ km/h m 1 1.91 0.01 10 19.02 0.95 19 35.98 3.44 28 52.64 7.44 68.88 12.93 90mm dia 120 10.0 2 3.81 0.04 11 20.91 1.15 20 37.85 3.81 29 54.47 7.98 E74.17 13.62 70 hole 110 9.0 3 5.71 O.O�a •12 22.81 1.37 21 39.71 4.20 30 56.29 8.53 14.34 ( ( 100 7.0 4 7.62 0.15 13 24.70 1.61 22 41.57 4.60 31 58.11 9.10 15.08 { . I 90 6.0 5 9.52 0.24 14 26.58 1.87 23 43.43 5.03 - 32 59.92 9.70 Y�- 80 5.0 6 1 11.42 0.34 15 28.47 2.15 24 45.28 5.47 33 61.72 10.31 DETAIL A 70 4.0 6 NOTES: 0 3.0 1 Minimum length to be constructed shall D For undivided highways the flared approach and E All dimensions are in be 22.81m from BC with 1.37m offset. treatment design is required with minimum clearance millimetres or metres A All lateral dimensions measured distance measured from centre line of highway. Where unless otherwise show from face of rail. minimum clearance cannot be accomodated an approved B This standard to be read in and treatment or energy attenuator shall be installed. conjunction with OPSD-902.03. ONTARIO PROVINCIAL STANDARD DRAWING 1993 09 07 Rev 12. C Cross section must be widened STEEL BEAM GUIDE RAIL OP to incorporate approach end - _ _ _ _ _ _ _ _ _ _ S treatment. APPROACH AND LEAVING END Date - - - - - - TREATMENTS rOPSD - 902.05 rr rr rr r� rl Ir rr rr r� rr rr rr r r ■r rr r Ir r End of SBGR installation Eccentric loader end treatment ---� OPSD-902.03 jr--No bolts through steel beam---. Rsa�pm �•� 1 4.1 l R=28.10m 1cpoint in 1905 _ o= 3810 3810 3810 Note 2 g oundin9___ �— 1905 L_-1 270- �" O ° 0 - - O _jY or I Loader assembly --- ----------------------- -8 -----A*i" Edge 4 X OPSD-902.052 of shoulder x=0mm y=Omm PLAN f------- ht from 610 to 530mm.—�j -- � Guide roil SBGR transition in height I See detail Type 'B' I Channel termination. 870 710 Cable attachment tn Stru UL -------- i ---610 Top of 530 70 ° 0 2 Tishoulder ° osts,Drilled cv � P Channel to holes, detail be buried TO OFFSET TABLE Note 1 ELEVATION See Shoulder 190 detail to face of 19mm dia N1 40 76— r+-152 Rail Post hole -') r'- OSTS X mm Y mm I mm C:) � 152 I 203 8 140-1 q_ 40-1 190 22mm dia 7 1905 -25 295 1 _ 140 hole 25-L 11 g 3810 65 345 ��L C n l 180 83 40 T _L. 190 0 ,� 11 19mm dia � i �I It 2-22mm 5Q 5075 toy 3e5 _T M o L _ hole �I dia holes 4 6335 202 482 p r _ 3 7595 355 635 19mm dia N O I 2-88mm to T 190 2-19mm N O I 2 5475 s3o s10 hole ° dia holes o 95 dia holes u7 I i t 1t3as 1220 1310 OFFSET BLOCK N — 22mm dia 60mm hole ° die hole OTES: ^^^''�( ��^^^^�� � Where channel is required it shall be terminated L_1 M `� at post ®or within SBGR installation. End of PIPE 'B' TYPE 'A' POST ANCHOR—DETAIL channel shall be bolted at all post locations POSTS 3 TO 6 POSTS 1 AND 2 except when terminated at post ® 0 .0 HSS .203.2xl52.4x Curved rail elements shall be shop bent BREAKAWAY TIMBER POST DETAIL 4.78x1525mm long to the specified radius. Timber posts and offset blocks: ONTARIO PROVINCIAL. STANDARD DRAWING 1995 06 15 Rev 1 Size 190x140mm dressed, tops to have 25mm chamfer. ECCENTRIC LOADER o P This OPSD to be read in conjunction GUIDE RAIL END TREATMENT _ - -- - - - - -- - - - - - - S with OPSD-902.03, 902.052, 902.053 Date and 902.054. All dimensions are in millimetres or metres LAYOUT AND POST DETAILS OPSD - 902.051 unless otherwise shown. 2-16mm dia x 230mm long See OP for hex head bolts with flat washers 1905 eccentric c loader r a as ssembly 8-16mm dia through L 125x75x10mm — Strut splice bolts with nuts Shelf angle with __-- 19x25mm slot 16mm dia x 460mm 75 150 long bolt, and washer, O 1 -- _- at posts © through l` -'11F 7 See f o -- — washes detail Trim corner of °' -.-I 26 r See OPSD-902.054 for post to clear I�— Offset block cable attachment weld I Bent plate 150x7x216mm long 16mm dia x 560mm long PLAN Shelf angle Timber post Corrugated SHELF ANGLE hex head bolt, inserted through 102 steel pipe SECTION B—B guide rail, with flat rectangular washer at each end. B D41 Guide rail --�- See OPSD-902.01 for flat washers *i-I ' -C Pipe sleeve See OPSD-902.054 SECTION A—A .� ,,jjam�,,.. 7 i i {l 60mm ODx4.76 for cable assembly E Z#_` �' 3����,� 1=i x152mm long details i L _ 8-16mm dia x 38mrr B, D 4J Strut �� 150 (g hex head bolts with Shelf angle Note 1 See detail 'A' See steel 1- -- 25 washers.Place washers ___ bearing plate 3 I I on face side of rail.- 25 i 20mm dia x 250mm Ig i i Bottom of detail � 2-1 mm mm i hex head bolt,with hex Wood post 25- � rn I dia holes max -- nut do flat washer, Typ . �`. C� DETAIL A _ 7mm thick Front face of PLATE WASHER guide rail See soil plate.detail DETAIL Cable j 203 21 attachmei U U 25 1 1 NOTES: SECTION 0—D Post anchors I --.l 52 -4152 -- 1 1 For right shoulder installations the sides of strut ELEVATION N _ shall face downward and shall face upward on 2-20mm dia x 200mm Ig L--- left shoulder installations. 610 hex head bolt,with hex nut 27mm dia hole A This standard to be read in conjunction with 229 152 and flat washer, Typ Tack weld 3 places OPSD-902.01, 902.051, 902.053 and 902.054. B All dimensions are in millimetres or metres unles STEEL BEARING PLATE _ otherwise shown. N� th k __ ONTARIO PROVINCIAL STANDARD DRAWING 1993 11 18 Rev i� 2-22mm Post anchor ECCENTRIC LOADER - - - - - - - - - --_ _ — _ _ _ _ _ _ OSP dia hales Soil plate GUIDE RAIL END TREATMENT Date SOIL PLATE SECTION C—C DETAIL 11 LOADER ASSEMBLY INSTALLATION DETAILS OPSD - 902.05 C One standard beam element Two standard beam elements 1400 Post spacing ±5mm 1.905m post spacing 475 g50•}— AJ 9, Note 3 ---- Structure --►I Note 4 A J [--Length of crossfall tro s tion,Note I Note 2 ' ♦ Channel offset blocks Asphalt wearing trimmed to fit surface ELEVATION ' Approach /100 slab 3e 610 / ya,.. fo/ 600 i Approach %:., cho4o °^::: Standard slab crossfall _ .6 e/r o I-6254 curb&gutter p _ ns14017 SECTION 8-B Sh crossfall---+- ` Note 2� Approach slab 610— Crossfall—_� r•�-600 Var ;: 175 NOTES: !I 625'1 I A 7.62 m transition from approach slab crossfall to ' SECTION A-A shouldercrossfail shall commence at the first beam element joint beyond the end of approach slab. 2 When channel is to be discontinued,a 762.m termination shall commence at the third beam element joint beyond end of approach slob. 3 When guide rail is required at structure leaving end, channel shall also be installed . 4 Steel beam and channel to be drilled to suit.Coat holes and bolt heads with approved zinc rich paint. A Channel post bolt at offset blocks to be 510mm long.End of bolts to be sow-cut,flush with face of nut. B This standard to be read in conjunction with OPSD-902.03, 902.07, 902.08 and 905.01. C All dimensions are in millimetres or metres unless otherwise shown. ONTARIO PROVINCIAL STANDARD DRAWING Date 1989 II 01 I Rev 1 5 STEEL BEAM GUIDE RAIL Date STRUCTURE CONNECTION PARAPET WALL CURB AND GUTTER CONTINUOUS OPSD -904.02 ' I6 ara 0 Roos a 100 AM CENTE11EO ON SO am PLATE ' 7-19 / HOLES SO mm a 10 awa SENT PLATE ww 10 ara WELD rn. 0 FABRICATION DETAIL ' 14 CA so I a 110 awl LONG .144juE0 ST= TS auI COAM THREAO s-a.aal s / \ FROM HOLES p SET SACK 60 ara MIN FROM ENO OF PIPE t so \ 8 ' \ w / COIIRUG11TE0 STEEL PIPE ASSEMBLY DETAL MATERIALS-ALL COMPONE M SHALL BE OF NFLONq ' QUALIVY MILD CARBON STEEL COMFOpMM TO ASTM A-425. n14314- ALL METAL SURRACES TO BE HOT OP QALMMUEO AFTER FABRICATION. ALL OIMEN1110103 IN MILUMETRES EXCEPT WHEIM NOTED Town of Newcastle Public Works 0 rtment STORM SEWER OUTFALL GRATE (UP TO 760 mm DIA. PIPE) a-nn7 1 ' q HYDRANT 0 1 m I i N z 1 m FINISHED GRADE iFMV co 1 � i I I 1 i ' o I z ADJUSTABLE VALVE BOX TO BE SET ( � �FLUSH WITH FINISHED GRADE 1 , I BEDDING & BACKFILL AS I SPECIFIED ON CONTRACT DWGS. �I'I. •.s_• a. s` CONCRETE THRUST BLOCK MIN 600 THRUST BLOCK 1 AS PER S-405 150 mm GATE VALVE WATERMAIN AS PER S-404 0.20 mm POLYETHYLENE 150 mm WATERMAIN ANCHOR TEE BONG BREAKER TYP. SOLID CONCRETE BLOCK 0.20 mm POLYETHYLENE CONCRETE BLOCK 300 mm x 200 mm x 200 mm BOND BREAKER TYP. 300 mm x 200 mm x 200 mm NOTE� 1 1�. THRUST BLOCKS TO BE 20 MPa CONCRETE 2. DRAIN HOLES TO BE PLUGGED i 3. HYDRANT EXTENSIONS TO BE INSTALLED AT BOTTOM OF BARREL 4. ANCHOR TEE, VALVE & HYDRANT TO BE COMPLETELY BACKFILLED WITH 19 mm CRUSHER RUN LIMESTONE WHEN USING CLASS F" BEDDING 1 5. WATERMAIN TRACER WIRE TO BE INSTALLED IN VALVE BOX AS PER STANDARD DRAWING S-425 6. IF HYDRANT REQUIRES ACCESS ACROSS DITCH, INSTALLATION MUST BE IN ACCORDANCE WITH STANDARD DRAWING S-428 ALL DIMENSIONS IN MILLIMETERS EXCEPT WHERE NOTED. THE REGIONAL MUNICIPALITY OF DURHAM WORKS DEPARTMENT CHECKED: REVISION NO.: 10 HYDRANT ASSEMBLY WITH CONCRETE DATE: 1998 03 03 APPROVED: THRUST BLOCKS DATE: (OTHER THAN P.V.C. WATERMAIN) S-4 0 9 1978 03 10 1 1 1 i 1 1 1 1 CORPORATION OF THE MUNICIPALITY OF CLARINGTON CONTRACT NO. CL2001-12 1 i i 1 ' GEOTECHNICAL INVESTIGATION (Borehole Logs) 1 1 Ref. No: 2510 -5 BOREHOLE LOCATION PLAN Encla ure.1 P=T U2 �_t . aruwo i has � t � �a ' /� i �� - •_---'.""-.1•l•—•-- � -- WILL STREFT SOUTH � •�`�\ - - - — - �.•_ Vic- - -- - - - - -- -_ - uT.es.� �_ _ �- - - - - - —''-`= --- �•_' __ � -_ - -_ - _ - - -- ---1 aka-._-..:-�_ -- - _+- - - -- - — Tom= _-``�=—�_ -=s- - -= -.- —_ _T s���=:.� _=`� � _ —���'_•__,-- __�= _ f _ __ cam_ - =-•_;-�-- .�.:_�_�. -__—._ _r__ -_ __ _ __�=_�:�:__-���. _r• �•-=�– _ —_ _ _ �� •----- --- - - _ //gy�pp -- - ---_- - - �•►_' _ .��_�•�'r- _` --���•_---. - __-tom-L�_--[� •• �_�..__• __- - - awV is < -scan d V IM m iMI MAY-28-01 MON 16 :09 V A WOOD ASSOC LTD 416 292 5375 P. 17 Reference No v 2510-1-5 Borehole No : 101 Enclosure No:2 I Client:Totten Sints HubicW Associates Projects Bridge Method:Auger Location:MID Street,Newcastle,Ontario Diameter:110mm Datum Elevation;Geodetic Date t May 18,2001 SUBSURFACE PROFILE SAM 8 Water sA g , _ Standard Penetration Plastic Limit Liquid Unit 20 40 60 80 100 10 20 30 40 50 0_ Ground Surface rti ti TOPSOIL ti 76A `v SANDY SILT !y I SS 1 Very loose,brown,with lasers of topsoil 7S� Wet a SILTY SAND .. 3 2 SS 9 O • 1 i � . 74.7 Loose,brown Brown Wet 3 SS 29 O 3 FINE SAND TILL Compact to very dense, �;::: � 4 SS 70 grey with trace of silt i NED.SAND TILL N I S SS 69 0 S Very dcose,grey i Moist 71.2 6 Refusal to Augeriag 7 ' i T.A. WOOD.4SSOCL4TESLIMITED DlskNo: Sheet t 1 of 1 MAY-28-01 MON 16 :09 V A WOOD ASSOC LTD 416 292 5375 P. 18 1 Reference No:2,410-I.s Borghole No : 102 Enclosure No:3 Client t Totten Sims ilubleW Associates Project:Bridge Method:Anger LOCASOa;Mill Street,Newcastle,Ontario Diameter t 110MM Datum Elevation:Geodetic Date:May 18,2001 SUBSURFACE PROFILE I SAMPLE E f Water% i Standard Penetration Plastic Limit 3 Liquid Limit 3 x F, z 20 40 60 80 100 io 20 30 40 SO I y� 0 :'oun ,u Ace : TOPSOIL Top of the 77 3 .v borehole E approx. e 3.0m Above 1 el 1 SS 0 m the creek SANDY SILT Very foatc,brown, With layere o[topsoil = SS 3 Yet 75.5 2 3 SS 35 $ Brown rey * ; 4 SS 41 •• i FINE SAND TILL .A►. .. I 4 Dente to very dense,`rey, ' . some cobbles and boulders Molst 72.4 ;:` COARSE SAND TILL •�•• S 6 Very dense,grey , 71 'er Refusal to Augettng i 7 i Y.A. WOOD ASSOCIATES LIMITED Disk No: ■ Shoot:1 of 1 ■ CORPORATION OF THE MUNICIPALITY OF CLARINGTON CONTRACT NO. CL2001-12 ■ ■ OPS GENERAL CONDITIONS OF CONTRACT (September 1999) ONTARIO PROVINCIAL STANDARDS FOR {' ROADS AND PUBLIC WORKS 1 r `o SrAN�9 9a 0 O P N v GENERAL CONDITIONS OF CONTRACT SEPTEMBER 1999 GENERAL CONDITIONS OF CONTRACT Table of Contents SECTION GC 1.0-INTERPRETATION GC1.01 Captions...................................................................................................................1 GC1.02 Abbreviations...........................................................................................................1 GC 1.03 Gender and Singular References............................................................................ 1 GC1.04 Definitions................................................................................................................1 GC 1.05 Substantial Performance....,....... 5 GC1.06 Completion...............................................................................................................6 GC1.07 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 Omer of Precedence...............................................................................................7 SECTION GC 3.0-ADMINISTRATION OF THE CONTRACT GC 3.01 Contract Administrator's Authority...........................................................................8 GC3.02 Working Drawings...................................................................................................9 GC 3.03 Right of the Contract Administrator to Modify Methods and Equipment.................9 GC 3.04 Emergency Situations............................................................................................10 GC3.05 Layout.................................................................................................................... 10 GC3.06 Working Area......................................................................................................... 10 GC 3.07 Extension of Contract Time............................................................................:......10 GC3.08 Delays.................................................................................................................... 11 GC 3.09 Assignment of Contract......................................................................................... 11 GC 3.10 Subcontracting by the Contractor..........................................................................11 GC3.11 Changes................................................................................................................12 GC 3.11.01 Changes in the Work.............................................................................................12 GC3.11.02 Extra Work.............................................................................................................12 GC3.11.03 Additional Work..................................................................................................... 12 -- .s GC3.12 Notices................................................................................................................... 12 GC 3.13 Use and Occupancy of the Work Prior to Substantial P cY .....................13 GC3.14 Claims, Negotiations, Mediation............................................................................ 13 GC 3.14.01 Continuance of the Work.......................................................................................13 GC 3.14.02 Record Keeping........................................................................... ...... 13 .................... GC 3.14.03 Claims Procedure.................................................................................................. 13 GC.3.14.04 Negotiations........................................................................................................... 14 GC3.14.05 Mediation............................................................................................................... 14 GC3.14.06 Payment.....................:...........................................................................................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 GC4.01 Working Area......................................................................................................... 17 . GC 4.02 Approvals and Permits.......................................................................................... 17 GC 4.03 Management and Disposition of Materials............................................................ 17 GC 4.04 Construction Affecting Railway Property................................................. GC 4.05 Default by the Contractor....................................................................................... 18 GC 4.06 Notification of Default............................................................................................ 18 GC 4.07 Contractor's Right to Correct a Default................................................................. 18 GC 4.08 Owner's Right to Correct Default........................................................................... 18 GC 4.09 Termination of Contractor's Right to Continue the Work....................................... 18 Tshin of Mnw..k GC 4.10 Final Payment to Contractor.................................................................................. 19 GC 4.11 Termination of the Contract................................................................................... 19 GC 4.12 Continuation of Contractors Obligations...............................................................19 GC 4.13 Use of Performance Bond.....................................................................................19 SECTION GC 5.0-MATERIAL GC5.01 Supply of Material..................................................................................................20 GC 5.02 Quality of Material..................................................................................................20 GC 5.03 Rejected Material...................................................................................................20 GC5.04 Substitutions..........................................................................................................20 GC 5.05 Owner Supplied Material.......................................................................................21 GC 5.05.01 Ordering of Excess Material..................................................................................21 GC 5.05.02 Care of Material.....................................................................................................21 SECTION GC 6.0-INSURANCE, PROTECTION AND DAMAGE GC 6.01 Protection of Work, Persons and Property............................................................23 GC6.02 Indemnification ......................................................................................................23 GC 6.03 Contractor's Insurance...........................................................................................24 GC6.03.01 General..................................................................................................................24 GC 6.03.02 General Liability Insurance....................................................................................24 GC 6.03.03 Automobile Liability Insurance...............................................................................24 GC 6.03.04 Aircraft and Watercraft Liability Insurance.............................................................25 GC 6.03.05 Property and Boiler Insurance...............................................................................25 GC 6.03.05.01 Property Insurance.................................................................................................25 GC 6.03.05.02 Boiler Insurance. •25 GC 6.03.05.03 Use and Occupancy of the Work Prior to Completion...........................................25 GC 6.03.05.04 Payment for Loss or Damage................................................................................26 GC 6.03.06 Contractor's Equipment Insurance........................................................................26 GC 6.03.07 Insurance Requirements and Duration..................................................................26 GC 6.04 Bonding ...27 SECTION GC 7.0-CONTRACTOR'S RESPONSIBILITIES AND CONTROL OF THE WORK GC7.01 General........................................................... ...................................................28 GC7.02 Layout................................................................................................. ... GC 7.03 Damage by Vehicles or Other Equipment............................................................. ` GC 7.04 Excess Loading of Motor Vehicles........................................................................30 GC 7.05 Condition of the Working Area...............................................................................30 GC 7.06 Maintaining Roadways and Detours......................................................................30 GC 7.07 Access to Properties Adjoining the Work and Interruption of Utility Services.......31 GC 7.08 Approvals and Permits..........................................................................................31 GC 7.09 Suspension of Work..............................................................................................32 GC 7.10 Contractor's Right to Stop the Work or Terminate the Contract............................32 GC 7.11 Notices by the Contractor.................:....................................................................32 GC7.12 Obstructions...........................................................................................................33 GC 7.13 Limitations of Operations............ GC 7.14 Cleaning Up Before Acceptance...........................................................................33 GC7.15 Warranty................................................................................................................33 SECTION GC 8.0-MEASUREMENT AND PAYMENT GC8.01 Measurement........................... .........................................................................35 GC8.01.01 Quantities...............................................................................................................35 GC 8.01.02 Variations in Tender Quantities.............................................................................35 GC8.02 Payment.................................................................................................................35 GC8.02.01 Price for Work........................................................................................................35 GC 8.02.02 Advance Payments for Material.......................... .....................36 GC 8.02.03 Certification and Payment......................................... .36 GC 8.02.03.01 Progress Payment Certificate.............................................................................. 36 ■ GC 8.02.03.02 Certification of Subcontract Completion................................................................37 GC 8.02.03.03 Subcontract Statutory Holdback Release Certificate and Payment......................37 GC 8.02.03.04 Certification of Substantial Performance...............................................................37 GC 8.02.03.05 Substantial Performance Payment and Substantial Performance Statutory Holdback Release Payment Certificates...............................................................38 GC 8.02.03.06 Certification of Completion....................................................................................38 GC 8.02.03.07 Completion Payment and Completion Statutory Holdback Release Payment Certificates....................................... . 39 GC 8.02.03.08 Interest........................................................ ....................................................39 GC 8.02.03.09 Interest for Late Payment..................................................................................... 39 GC 8.02.03.10 Interest for Negotiations and Claims.....................................................................40 GC 8.02.03.11 Owner's Set-Off.....................................................................................................40 Table of Contents-1v 0PS GenP_ral rAvw kvm of(`.nMrae!f_CanMr++hsr iOQQ GC 8.02.03.12 Delay in Payment ..............40 .................................................................................... GC 8.02.04 Payment on a Time and Material Basis .. ...... ... ...............................40 GC 8.02.04.01 Definitions........ •..• .... • ....•..••....• GC 8.02.04.02 Daily Work Records...............................................................................................41 GC 8.02.04.03 Payment for Work..................................................................................................41 GC 8.02.04.04 Payment for Labour...............................................................................................42 GC 8.02.04.05 Payment for Material.............................................................................................42 GC 8.02.04.06 Payment for Equipment.........................................................................................42 GC8.02.04.06.01 Working Time........................................................................................................42 GC8.02.04.06.02 Standby Time........................................................................................................42 GC8.02.04.07 Payment for Hand Tools........................................................................................43 GC 8.02.04.08 Payment for Work by Subcontractors....................................................................43 GC 8.02.04.09 Submission of Invoices..........................................................................................43 GC 8.02.05 Final Acceptance Certificate..................................................................................43 GC 8.02.06 Payment of Workers..............................................................................................44 GC8.02.07 Records.................................................................................................................44 GC8.02.08 Taxes and Duties...................................................................................................44 GC8.02.09 Liquidated Damages..............................................................................................45 STq~O'9G o P Ontario Provincial Standards for y, s � Roads and Public Works September 1999 c-Pao GENERAL CONDITIONS OF CONTRACT SECTION GC 1.0-INTERPRETATION GC 1.01 Captions .01 The captions appearing in these General Conditions have been inserted as a matter of convenience and for ease of reference only and in no way define, limit or enlarge the scope or meaning of the General Conditions or any provision hereof. GC 1.02 Abbreviations .01 The abbreviations on the left below are commonly found in the Contract Documents and represent the organizations and phrases listed on the right: "AASHTO" - American Association of State Highway Transportation Officials "ANSI" - American National Standards Institute "ASTM" _ American Society for Testing and Materials "AWG" American Wire Gauge "AWWA" - American Water Works Association "CESA" - Canadian Engineering Standards Association 1 "CGSB" _ Canadian General Standards Board "CSA" Canadian Standards Association "CWB" - Canadian Welding Bureau "GC" - General Conditions "MOE" Ministry of the Environment(Ontario) "MTC" Ministry of Transportation(Ontario) "MTO" - Ministry of Transportation (Ontario) "MUTCD" _ Manual of Uniform Traffic Control Devices, published by MTO _"OPS" Ontario Provincial Standard "OPSD" - Ontario Provincial Standard Drawing "OPSS" - Ontario Provincial Standard Specification "PEO" Professional Engineers Ontario "SAE" Society of Automotive Engineers "SSPC" - Structural Steel Painting Council "UL" - Underwriters Laboratories "ULC" Underwriters Laboratories Canada GC 1.03 Gender and Singular References .01 References to the masculine or singular throughout the Contract Documents shall be considered to include the feminine and the plural and vice versa as the context requires. GC 1.04 Definitions .01 For the purposes of this Contract the following definitions apply: Actual Measurement: means the field measurement of that quantity within the approved limits of the Work. OPS General Conditions of Contract-September 1999 Page 1 Additional Work: means work not provided for in the Contract and not considered by the Contract Administrator to be essential to the satisfactory completion of the Contract within its intended scope. i Base: means a layer of material of specified type and thickness placed immediately below the pavement, driving surface,finished grade,curb and gutter,or sidewalk. Certificate of Subcontract Completion: means the certificate issued by the Contract Administrator in accordance with clause GC 8.02.03.02, Certification of Subcontract Completion. Certificate of Substantial Performance: means the certificate issued by the Contract Administrator at Substantial Performance. Change Directive: means any written instruction signed by the Owner, or by the Contract Administrator where so authorized,directing that a Change in the Work or Extra Work be performed. Change in the Work: means the deletion, extension, increase, decrease or alteration of lines, grades, dimensions, quantities, methods, drawings, substantial changes in geotechnical, subsurface, surface or other conditions, changes in the character of the Work to be done or materials of the Work or part thereof, withintthe intended scope of the Contrail. Change Order. means a written amendment to the Contract signed by the Contractor and the Owner, or the Contract Administrator where so authorized, covering contingences, 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 Contrail Time. Completion Certificate: means the certificate issued by the Contract Administrator at completion. . Constructor means, for the purposes of, and within the meaning of the Occupational Health and Safety Act, R.S.O. 1990, c.0.1,as amended and amendments thereto,the Contractor who executes the Contract. Contract: means the undertaking by the Owner and the Contractor to perform their respective duties, responsibilities and obligations as prescribed in the Contract Documents. Contract Administrator. means the person, partnership or corporation designated by the Owner to be the Owner's representative for the purposes of the Contrail. Contract Documents: mean the executed Agreement between the Owner and the Contractor, the Tender, the General Conditions of Contract, the Supplemental General Conditions of Contract, Standard Specifications, Special Provisions, Contract Drawings, addenda incorporated in a Contract Document before the execution of the Agreement, such other documents as may be listed in the Agreement and subsequent amendments to the Contract Documents made pursuant to the provisions of the Agreement. Contract Drawings: or Contract Plans: mean drawings or plans, any Geotechnical Report, any Subsurface Report and other reports and information provided by the Owner for the Work, and without limiting the generality thereof, may include soil profiles, foundation investigation reports, reinforcing steel schedules,aggregate sources lists, Quantity Sheets, cross-sections and standard drawings. Contract Time: means the time stipulated in the Contract Documents for Substantial Performance of the Work, including any extension of Contrail Time made pursuant to the Contract Documents. Contractor means the person, partnership or corporation undertaking the Work as identified in the Agreement. Controlling Operation: means any component of the Work,which, if delayed,will delay the completion of the Work. Page 2 OPS General Conditions of Contrad-September 1999 Cost Plus: See'Time and Material". Cut-Off Date: means the date up to which payment will be made for work performed. Daily Work Records: mean daily Records detailing the number and categories of workers and hours worked or on standby; types and quantities of Equipment and number of hours in use or on standby; and description and quantities of Material utilized. Day: means a calendar day. Drawings: or Plans: mean any Contract Drawings or Contract Plans or any Working Drawings or Working Plans, or any reproductions of drawings or plans pertaining to the Work. Equipment: means all machinery and equipment used for preparing, fabricating, conveying or erecting the Work and normally referred to as construction machinery and equipment. Estimate: means a calculation of the quantity or cost of the Work orpart of it-depending 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 evaluation prepared by the Contract Administrator showing the quantities, unit prices and final dollar amounts of all items of work completed under the Contract, including variations in tender items and Extra Work, all as set out in the same general form as the monthly estimates. Force Account: See"Time and Material'. Geotechnical Report: means a report or other information identifying soil, rock and ground water conditions in the area of any proposed excavation or fill. RGrade: means the required elevation of that part of the work. Hand Tools: means tools that are commonly called tools or implements of-the trade and include small power tools. Highway: means a common and public highway any part of which is intended for or used by the general public for the passage of vehicles and includes the area between the lateral property lines thereof. Lump Sum Item: means a tender item indicating a portion of the Work for which payment will be made at a single tendered price. Payment is not based on a measured quantity, although a quantity may be given in the Contract Documents. Major Item: means any tender item that has a value, calculated on the basis of its actual or estimated tender quantity, whichever is the larger, multiplied by its tender unit price, which is equal or greater than the lesser of, a) $100,000,or b) 5% of the total tender value calculated on the basis of the total of all the estimated tender quantities and the tender unit prices. Material: means material, machinery, equipment and fixtures forming part of the Work. OPS General Conditions of Contrad•September 1999 Page 3 Owner. means the party to the Contract for whom the Work is being performed, as identified in the _. Agreement, and includes,with the same meaning and import, "Authority". Pavement: means a wearing course or courses placed on the Roadway and consisting of asphaltic concrete, hydraulic cement concrete-Portland cement concrete,or plant or road mixed mulch. Performance Bond: means the type of security furnished to the Owner to guarantee completion of the Work in accordance with the Contract and to the extent provided in the bond. Plan Quantity: means that quantity as computed from within the boundary lines of the Work as shown in the Contract Documents. Project: means the construction of the Work as contemplated by this Contract Quantity Sheet: means a list of the quantities of Work to be done. Rate,;of.Interest: means the rate determined by the Minister of Finance of Ontario and issued by, and available from,the Owner. Records: mean any books, payrolls, accounts or other information which relate to the Work or any Change in the Work or claims arising therefrom. Roadway: means that part of the Highway designed or intended for use by vehicular traffic and includes the Shoulders. Shoulder. means that portion of the Roadway between the edge of the wearing surface and the top inside edge of the ditch or fill slope. Special Provisions: mean special directions containing requirements peculiar to the Work. Standard Specification: means a standard practice required and stipulated by the Owner for performance of the Work. Subbase: means a layer of material of specified type and thickness between the Subgrade and the Base. Subcontractor. means a person, partnership or corporation undertaking the execution of a part of the Work by virtue of an agreement with the Contractor. Subgrade: means the earth or rock surface, whether in cut or fill, as prepared to support the Base, Subbase and Pavement '..Fes... . Subsurface Report: means a report or other information identifying the location of utilities, concealed and adjacent structures and physical obstructions which fall within the influence of the Work. Superintendent: means the Contractor's authorized representative in responsible charge of the Work. Surety: means the person, partnership or corporation, other than the Contractor, licensed in Ontario to transact business under the Insurance Act, R.S.O. 1990,c.1.8, as amended, executing a bond provided by the Contractor. Tender' means an offer in writing from the Contractor, submitted in the format prescribed by the Owner, to complete the Work. Time and Material: means costs calculated according to clause GC 8.02.04, Payment on a Time and Material Basis. Where"Cost Plus"and"Ford Account"are used they shall have the same meaning. Page 4 OPS General Conditions of Contract-September 1999 Utility: means an aboveground or underground facility maintained by a municipality, public utility authority or regulated authority and includes services such as sanitary sewer, storm sewer, water, electric, gas, oil, steam,data transmission,telephone and cable television. Warranty Period: means the period of 12 months from the date of Substantial Performance or such longer period as may be specified for certain Materials or some or all of the Work Where a date of Substantial Performance is not established, the Warranty Period shall commence on the date of Completion. Work: means the total construction and related services required by the Contract Documents. Working Area: means'all the lands and easements owned or acquired by the Owner for the construction of the Work. Working Day: means any Day, a) except Saturdays, Sundays and statutory holidays; b) except ac Day as determined,by the Contract Administrator; on which°the Contractor is prevented by inclement weather or conditions resulting immediately-therefrom;from-proceed ng-with,a-Controlling `Operation. For the purposes of this definition, this will be a Day during-which the Contractor cannot proceed with at least 60% of the normal labour and equipment force effectively engaged on the Controlling Operation for at least 5 hours; c) except a Day on which the Contractor is prevented from proceeding with a Controlling Operation, as determined by the Contract Administrator by reason of, i. any breach of the Contract by the Owner or if such prevention is due to the Owner, another contractor hired by the Owner;or an employee of any one of them,or by anyone else acting on behalf of the Owner. ii. on-delivery of Owner-supplied materials, iii. any cause beyond the reasonable control of the Contractor which can be substantiated by the Contractor to the satisfaction of the Contract Administrator. Working Drawings: or Working Plans:'means any Drawings or Plans prepared by the Contractor for the execution of the Work and may, without limiting the generality thereof, include falsework plans, Roadway protection plans,shop drawings, shop plans or erection diagrams. GC 1.05 Substantial Performance .01 The Work is substantially performed, a) when the Work to be performed under the Contract or a substantial part-thereof is ready for use or is being used for the purpose intended; and b) when the Work to be performed under the Contract isl capable of completion or,where there is a known defect,the cost of correction, is not more than L 3%of the first$500,000 of the Contract price, ii. 2%of the next$500,000 of the Contract price, and iii. I%of the balance of the Contract price. 02 For the purposes of this Contract, where the Work or a substantial part thereof is ready for use or is being used for the purposes intended and the remainder of the Work cannot be completed expeditiously for reasons beyond the control of the Contractor or, where the Owner and the Contractor agree not to complete the Work expeditiously, the price of the services or materials remaining to be supplied and required to complete the Work shall be deducted from the Contract price in determining Substantial Performance. P 5 OPS General Conditions of Contract-September 1 ass � GC 1.06 Completion k .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 th an the lesser of, a) I%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 Administrators knowledge at that time, the Contractor has rectified all imperfect work and has discharged all of the Contractors obligations under the Contract. GC 1.08 Interpretation of Certain Words -01, The words "acceptable", "approval", "authorized", "considered necessary", "directed", "required", <a."satisfactory", or words of tike import, shall mean approval of, directed, required, considered necessary or authorized by and acceptable or satisfactory to the Contract Administrator unless the context clearly indicates otherwise. 1 Page 6 OPS Generai Conditions or Contract-September 1999 SECTION GC 2.0-CONTRACT DOCUMENTS GC 2.01 Reliance on Contract Documents .01 The Owner warrants that the information furnished in the Contract Documents can be relied upon with the following limitations or exceptions: a) The location of all mainline underground utilities which will affect the Work will be shown to a tolerance of i. 1 m horizontal and ii. 0.3 m vertical b) The Owner does not warrant interpretations of data or opinions expressed in any Subsurface Report available for the perusal of the Contractor and excluded from the Contract Documents; and c) Other information specifically excluded from this warranty. GC 2.02 Order of Precedence 01 In the event of any inconsistency or conflict in the contents of the following documents, such documents shall take precedence and govern in the following order. a) Agreement b) Addenda c) Special Provisions d) Contract Drawings e) Standard Specifications f) Tender g) Supplemental General Conditions h) General Conditions i) Working Drawings Later dates shall govern within each of the above categories of documents. .02 In the event of any conflict among or inconsistency in the information shown on Drawings, the following rules shall apply: a) Dimensions shown in figures on a'Drawing shall govern where they differ from dimensions scaled from the same drawing; b) Drawings of larger scale shall govern over those of smaller scale; c) Detailed Drawings shall govern over general Drawings;and d) Drawings of a later date shall govern over those of an earlier date in the same series. .03 In the event of any conflict in the contents of Standard Specifications the following order of precedence shall govern: a) Ontario Provincial Standard Specifications;then b) Other Standard Specifications, such as those produced by CSA, CGSB, ASTM and ANSI, and referenced in the Ontario Provincial Standard Specifications. 04 The Contract Documents are complementary, and what is required by any one shall be as binding as if required by all. OPS General Conditions of Contract-September 1999 Page 7 SECTION GC 3.0-ADMINISTRATION OF THE CONTRACT GC 3.01 Contract Administrators Authority .01 The Contract Administrator will be the Owners representative during construction and until the issuance of the Completion Certificate or the issuance of the Final Acceptance Certificate whichever is later. All instructions to the Contractor including instructions from the Owner will be issued by the Contract Administrator. The Contract Administrator will have the authority to act on behalf of the Owner only to the extent provided in the Contract Documents. .02 All claims, disputes and other matters in question relating to the performance and the quality of the Work or the interpretation of the Contract Documents shall be referred to the Contract Administrator. .03 The Contract Administrator will inspect the Work for its conformity with the plans and specifications, and to record the necessary data to establish payment quantities under the schedule of tender quantities and unit prices or to make an assessment of the value of the work completed in the case of -2-lump sum price contract .04 The Contract Administrator will determine the amounts owing to the Contractor under the Contract and will issue certificates for payment in such amounts as provided for in Section GC 8.0, Measurement and Payment .05 The Contract Administrator will with reasonable promptness review and take appropriate action upon the Contractor's submissions such as shop drawings, product data, and samples in accordance with the Contract Documents. .06 The Contract Administrator will investigate all allegations of a change in the character of the Work made by the Contractor and issue appropriate instructions. .07 The Contract Administrator will prepare Change Directives and Change 9 g 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 wh ich does not conform to the Contract Documents. .11 Defective work, whether the result of poor workmanship, use of defective material, or damage through carelessness or other act or omission of the Contractor and whether incorporated in the Work or not which has been rejected by the Contract Administrator as failing to conform to the Contract Documents shall be removed promptly from the Work by the Contractor and replaced or re-executed promptly in accordance with the Contract Documents at no additional cost to the Owner. .12 Any part of the Work destroyed or damaged by such removals, replacements or re-executions shall be made good, promptly, at no additional cost to the Owner. .13 If, in the opinion of the Contract Administrator, it is not expedient to correct defective work or work not performed in accordance with the Contract Documents, the Owner may deduct from monies otherwise due to the Contractor the difference in value between the work as performed and that called for by the Contract Administrator. Page 8 OPS General Conditions of Contract-September 1999 .14 Notwithstanding any inspections made by the Contract Administrator or the issuance of any certificates or the making of any payment by the Owner, the failure of the Contract Administrator to reject any defecctive 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 Work If either the Contractor or the Contract Administrator so requests they shall jointly prepare a schedule fixing the dates for submission and return of Working Drawings. Working Drawings shall be submitted in printed form. At the time of submission the Contractor shall notify the Contract Administrator in writing of any deviations from the Contract requirements that exist in the Working Drawings. .03 The Contract Administrator will review and return Working Drawings in accordance with an agreed upon schedule, or otherwise,with reasonable promptness so as not to cause delay. 04 The Contract Administrator's review will be to check for conformity to the design-concept and for general arrangement only and such review shall not relieve the Contractor of responsibility for errors or omissions in the Working Drawings or of responsibility for meeting all requirements of the Contract Documents unless a deviation on the Working Drawings has been approved in writing by the Contract Administrator. .05 The Contractor shall make any changes in Working Drawings which the Contract Administrator may. require consistent with the Contract Documents and resubmit unless otherwise directed by the Contract Administrator. When resubmitting, the Contractor shall notify the Contract Administrator in writing of any revisions other than those requested by the Contract Administrator. .06 Work related to the Working Drawings shall not proceed until the Working Drawings have been signed and dated by the Contract Administrator and marked with the words "Reviewed. Permission to construct granted." .07 The Contractor shall keep one set of the reviewed Working Drawings, marked as above, at the site at all times. GC 3.03 Right of the Contract Administrator to Modify Methods and Equipment .01 The Contractor shall, when requested in writing, make alterations in the method, Equipment or work force at any time the Contract Administrator considers the Contractor's actions to be unsafe, or damaging to either the Work or existing facilities or the environment. 02 The Contractor shall, when requested in writing, alter the sequence of its operations on the Contract so as to avoid interference with work being performed by others. .03 Notwithstanding the foregoing, the Contractor shall ensure that all necessary safety precautions and protection are maintained throughout the Work OPS General Conditions of Contract-September 1999 Page 9 GC 3.04 Emergency Situations .01 The Contract Administrator has the right to determine the existence of an emergency situation, and when such an emergency situation is deemed to exist, the Contract Administrator may instruct the Contractor to take action to remedy the situation. If the Contractor does not take timely action, or if the Contractor is not available,the Contract Administrator may direct others to remedy the situation. .02 If the emergency situation was the fault of the Contractor, the remedial work shall be done at the Contractors expense. If the emergency situation was not the fault of the Contractor, the Owner will pay for the remedial work. GC 3.05 Layout .01 The Contract Administrator will provide baseline and benchmark information for the general location, alignment and elevation of the Work. The Owner will be responsible only for the correctness of the ;information provided by the Contract Administrator. GC 3.06 Working Area .01 The Contractor's sheds, site offices, toilets, other temporary structures and storage areas for material and equipment shall be grouped in a compact manner and maintained in a neat and orderly condition at all times. .02 The Contractor shall confine his construction operations to the Working Area. Should the Contractor require more space than that shown on the Contract Drawings, the Contractor shall obtain such space at no additional cost to the Owner. .03 The Contractor shall not enter upon or occupy any private property for any purpose, unless the Contractor has received prior written permission from the property owner. GC 3.07 Extension of Contract Time .01 An application for an extension of Contract Time shall be made in writing by the Contractor to the Contract Administrator as soon as the need for such extension becomes evident and at least 15 Days prior to the expiration of the Contract Time. The application for an extension of Contract Time shall enumerate the reasons,and state the length of extension required. .02 _Circumstances suitable for consideration of an extension of Contract Time include the following; a) Delays; See subsection GC 3.08. b) Changes in the Work; See clause GC 3.11.01. ..c);,Extra Work; See clause GC 3.11.02. d) Additional Work; See clause GC 3.11.03. .03 The Contract Administrator will, in considering an application for an extension to the Contract Time, take into account whether the delays, Changes in the Work, Extra Work or Additional Work involve a Controlling Operation. .04 The Contract Time shall be extended for such additional time as may be recommended by the Contract Administrator and deemed fair and reasonable by the Owner. .05 The terms and conditions of the Contract shall continue for such extension of Contract Time. Page 10 OPS General Conditions of contract-September 1999 GC 3.08 Delays .01 If the Contractor is delayed in the performance of the Work by, a) war, blockades, and civil commotions,errors in the Contract Documents;an 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 order was not issued as the result of an act or omission of the Contractor or anyone employed or engaged by the Contractor directly or indirectly; C) the Contract Administrator giving notice under subsection GC 7.09;Suspension of Work; d) abnormal inclement weather,or e) archaeological finds in accordance with subsection GC 3.16,Archaeological Finds, then the Contractor shall be reimbursed by the Owner for-reasonable costs incurred by-the Contractor as the result of such delay, provided that in the case of an application for an extension of Contract Time due to abnormal inclement weather, the Contractor,shall, with•the Contractor's application, submit evidence from Environment Canada in support of such application.-° Extension of Contract Time will be granted in accordance with subsection GC 3.07, Extension of.Contract Time. .02 If the Work is delayed by labour disputes,-strikes or lock-outs --including lock-outs decreed or recommended to its members by a recognized contractor's association, of which the Contractor is a member or to which the Contractor is otherwise bound -which are beyond the Contractor's control, then the Contract Time shall'-be extended in accordance with subsection GC 3.07, Extension of Contract Time. In no case shall the extension of Contract Time be less than the time lost as the result of the event causing the delay, unless a shorter extension is agreed to by the Contractor. The Contractor shall not be entitled to payment for costs incurred as the result of such delays unless such delays are the result of actions by the Owner. GC 3.09 Assignment of Contract .01 The Contractor shall not assign the Contract, either in whole or in part, without the written consent of the Owner. GC 3.10 Subcontracting by the Contractor 01 The Contractor may subcontract any part of the Work, subject to these General Conditions and any limitations specified in the Contract Documents. .02 The Contractor shall notify the Contract Administrator, in writing;-of-the°intention to subcontract. Such notification shall identify the part of the Work,and the Subcontractor with whom it is intended. .03 The Contract Administrator will,within 10 Days-of receipt of such notification, accept or reject the intended Subcontractor. The rejection will be rin writing and will include the reasons for the rejection. 04 The Contractor shall not,without the written consent of the Owner, change a Subcontractor who has been engaged in accordance with subsection GC 3.10 Subcontracting by the Contractor. .05' The Contractor shall preserve and protect the,rights of the parties under the Contract with respect to that part of the Work to be performed under subcontract and shall, a) enter into agreements with the intended Subcontractors to require them to perform their work in accordance with the Contract Documents;and b) be as fully responsible to the Owner for acts and omissions of the Contractor's Subcontractors and of persons directly or indirectly employed by them as for acts and omissions of persons directly employed by the Contractor. OPS General Conditions of Contract-September 1999 Page 11 .06 The Owner's consent to subcontracting by the Contractor shall not be construed to relieve the Contractor from any obligation under the Contract and shall not impose any liability upon the Owner. Nothing contained in the Contract Documents shall create a contractual relationship between a Subcontractor and the Owner. GC 3.11 Changes GC 3.11.01 Changes in the Work .01—The Owner, or the Contract Administrator where so authorized, may, by order in writing, make a Change in the Work without invalidating the Contract The Contractor shall not be required to proceed with a Change in the Work until in.receipt of a Change Directive. Upon the receipt of such Change Directive the Contractor shall proceed with the Change in the Work. .02 The Contractor may apply for an extension of Contract Time according to the terms of subsection GC 3:07, Extension of Contract Time. .03 i#,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 Time and Material Basis. GC 3.11.02 . Extra Work .01 ` The Owner, or Contract Administrator where so authorized, may instruct the Contractor to perform Extra Work without invalidating the Contract The Contractor shall not be required to proceed with the Extra Work until in receipt of a Change Directive. Upon receipt of such Change Directive the Contractor shall proceed with the Extra Work. t� .02 The Contractor may apply for an extension of Contract Time according to the terms of subsection GC 3.07, Extension of Contract Time. .03 Payment for the Extra Work may be negotiated pursuant to subsection GC 3.14, Claims, Negotiations, Mediation, or payment may be made according to the conditions contained in clause GC 8.02.04, Payment on a Time and Material Basis. GC 3: 1.03 Additional Work .01__The Owner, or Contract Administrator where so authorized, may request the Contractor to perform Additional Work without invalidating the Contract If the Contractor agrees to perform Additional Work, the Contractor shall proceed with such Additional Work upon receipt of a Change Order. .02 The Contractor may apply for an extension of Contract Time according to the terms of subsection GC 3.07, Extension of Contract Time. .03 Payment for the Additional Work may be negotiated pursuant to subsection GC 3.14, Claims, Negotiations, Mediation, or payment may be made according to the conditions contained in clause GC 8.02.04, Payment on a Time and Material Basis. GC 3.12 Notices .01 Any notice permitted or required to be given to the Contract Administrator or the Superintendent in respect of the Work shall be deemed to have been given to and received by the addressee on the date of delivery if delivered by hand or by facsimile transmission and on the fifth Day after the date of mailing if sent by mail. Page 12 OPS General Conditions of Contract- September 1999 .02 The Contractor and the Owner shall provide each other with the mailing addresses, telephone numbers and facsimile terminal numbers for the Contract Administrator and the Superintendent at the commencement of the Work 03 In the event of an emergency situation or other urgent matter the Contract Administrator or the Superintendent may give a verbal notice, provided that such notice is confirmed in writing within 2 Days. .04 'Any,notice permitted or required to be given to the Owner or-the Contractor shall be given in accordance with the notice provision of the Contract GC 3.13 Use and Occupancy of the Work Prior to Substantial Performance 01 Where it is not contemplated elsewhere in'the Contract Documents; the Owner may use or occupy the Work or any part thereof prior to Substantial Performance, provided that at least 30 Days'written notice has been given to the Contractor. 02 The use or occupancy of the Work or any part thereof by the Owner prior to Substantial Performance shall not constitute an acceptance of the Work or parts so occupied. In -addition, the use or occupancy of the Work shall not relieve the Contractor or the Contractor's Surety from any liability that has arisen, or may arise, from the performance of the Work in�a=rdance with the Contract Documents. The Owner will be responsible for any damage that occurs because of the Owner's use or occupancy. Such use or occupancy of any part of the Work by the Owner does not waive the Owner's right to charge the Contractor liquidated damages in accordance with the terms of the Contract GC 3.14 Claims,Negotiations,Mediation GC 3.14.01 Continuance of the Work .01 Unless the Contract has been terminated or completed, the Contractor shall in every case, after serving or receiving any notification of a claim or dispute, verbal or written, continue to proceed with the Work with due diligence and expedition. It is understood by the parties that such action will not jeopardize any claim it may have. GC 3.14.02 Record Keeping .01 Immediately upon commencing work which may result in a claim,-the Contractor shall keep Daily Work Records during the course of the Work,sufficient to substantiate the Contractor's claim, and the Contract Administrator will keep Daily Work'Records'to be used in assessing the Contractor's claim, all 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 General Conditions of Contrad-September 1999 Page 13 .03 The Contractor shall submit detailed claims as soon as reasonably possible and in any event no later �! than 30 Days after completion of the work affected by the situation. The detailed claim shall: a) identify the item or items in respect of which the claim arises; b) state the grounds,contractual or otherwise, upon which the claim is made;and c) include the Records maintained by the Contractor supporting such claim. In exceptional cases the 30 Days may be increased to a maximum of 90 Days with approval in writing from the Contract Administrator. .04 Within 30 Days of the receipt of the Contractor's detailed claim, the Contract Administrator may request the Contractor to submit any further and other particulars as the Contract Administrator considers necessary to assess the claim. The Contractor shall submit the requested information within 30 Days of receipt of such request. .05 Within 90 Days of receipt of the detailed claim,the Contract Administrator shall advise the Contractor, in writing,of the Contract Administrator's opinion with regard to the validity of the claim. au GC 3:14.04 Negotiations .01 The parties shall make all reasonable efforts to resolve their dispute by amicable negotiations and agree to provide, without prejudice, open and timely disclosure of relevant fads, information, and documents to facilitate these negotiations. .02 Should the Contractor di g' paragraph GC 3.14.03.05, with respect to disagree with the opinion even in p� ,,any part of the claim, the Contract Administrator shall enter into negotiations with the Contractor to resolve the matters in dispute. Where a negotiated settlement cannot be reached and it is agreed that payment cannot be made on a Time and Material basis in accordance with clause GC 8.02.04, Payment on a Time and Material Basis, the parties shall proceed in accordance with clause GC 3.14.05, Mediation, or subsection GC 3.15, Engineering Arbitration. GC 3.14.05 Mediation .01 If a claim is not resolved satisfactorily through the negotiation stage noted in clause GC 3.14.04, Negotiations, within a period of 30 Days following the opinion given in paragraph GC 3.14.03.05, and the Contractor wishes to pursue the issue further,the parties may, upon mutual agreement, utilize the services of an independent third party mediator. .02 The mediator shall be mutually agreed upon by the Owner and Contractor. .03 The mediator shall be knowledgeable regarding the area of the disputed issue. The mediator shall -meet with the parties together and separately, as necessary, to review all aspects of the issue. Ina final attempt to assist the parties in resolving the issue themselves prior to proceeding to arbitration the mediator shall provide,without prejudice,a non-binding recommendation for settlement. .04 The review by the mediator shall be completed within 90 Days following the opinion given in paragraph GC 3.14.03.05. .05 Each party is responsible for its own costs related to the use of the third party mediator process. The cost of the third part y mediator shall be equally shared by the Owner and Contractor. GC 3.14.06 Payment .01 Payment of the claim will be made no later than 30 Days after the date of resolution of the claim or dispute. Such payment will be made according to the terms of Section GC 8.0, Measurement and Payment Page 14 OPS General conditions of Contract-September 1999 GC 3.14.07 Rights of Both Parties .01 it is agreed that no action taken under this subsection GC 3.14, Claims, Negotiations, Mediation, by either party shall be construed as a renunciation or waiver of any of the rights or recourse available to the parties, provided that the requirements set out in this subsection are fulfilled. GC 3.15 Engineering Arbitration GC 3.15.01 Conditions for Engineering Arbitration 01 If a claim is not resolved satisfactorily through the negotiation stage noted in clause GC 3.14.04, Negotiations, or the mediation stage noted in clause GC 3.14.05, Mediation, either party may invoke the provisions of subsection GC 3.15, Engineering Arbitration, by giving written notice to the other party. 02 Notification that arbitration shall be implemented to resolve the issue shall be communicated in writing as soon as possible and no later,than'60 Days-,following the opinion-given in paragraph GC 3.14.03.05. Where the use of a third party mediator was implemented;:notfication shall be within 120 Days of the opinion given in paragraph GC 3.14.03.05. 03 The parties shall be bound by the decision of the arbitrator. .04 The rules and procedures of the Arbitration Act, 1991, S.O. 1991, c.17, as amended, shall apply to any arbitration conducted hereunder except to the extent that they are modified by the express provisions of this subsection GC 3.15, Engineering Arbitration. GC 3.15.02 Arbitration Procedure 01 The following provisions are to be included in the agreement to arbitrate and are subject only to such right of appeal as exist where the arbitrator has exceeded his or her jurisdiction or have otherwise disqualified him or herself a) All existing actions in respect of the matters under arbitration will be stayed pending arbitration; b) All outstanding claims and matters to be settled are to be set out in a schedule to the agreement Only such claims and matters as are in the schedule will be arbitrated;and c) Before proceeding with the arbitration, the Contractor shall confirm that all matters in dispute are set out in the schedule. GC 3.15.03 Appointment of Arbitrator .01 The arbitrator shall be mutually agreed upon by the Owner and Contractor to-s4udicate the dispute. .02 Where the Owner and Contractor cannot agree on a sole arbitrator within 30 Days of the notification of arbitration noted in paragraph GC 3.15.01.02, the Owner and the Contractor shall each choose an appointee within 37 Days of the notice of arbitration. 03 The appointees shall mutually agree upon an arbitrator to adjudicate the dispute within 15 Days after the last appointee was chosen or they shall refer the matter to the Arbitration and Mediation Institute of Ontario Inc. which will select an arbitrator to adjudicate the dispute within 7 Days of being requested to do so. .04 The arbitrator shall not be interested financially in the Contract nor in either party's business and shall not be employed by either party. .05 The arbitrator may appoint independent experts and any other persons to assist him or her. OPS General Conddwns of Contract-Septternnber 1999 Page is .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. .W . The arbitrator may, in his or her discretion,award reasonable costs, related to the arbitration. GC 3.15.05 The Decision .01 The reasoned decision will be made in writing within 90 Days of the conclusion of the hearing. An extension of time to make a decision may be granted with consent of both parties. Payment shall be made in accordance with clause GC 3.14.06, Payment. GC 3.16 Archaeological Finds .01 If the Contractor's operations expose any items which may indicate an archaeological find such as building remains, hardware, accumulations of bones, pottery, or arrowheads, the Contractor shall immediately notify the Contract Administrator and suspend operations within the area identified by the Contract Administrator. Notification may be verbal provided that such notice is confirmed in writing within 2 Days. Work shall remain suspended within that area until otherwise directed by the Contract Administrator in writing, in accordance with subsection GC 7.09,Suspension of Work. .02 Any delay in the completion of the Contract that is caused by such a suspension of Work will be considered to be beyond the Contractor's control in accordance with paragraph GC 3.08.01. .03 Any work directed or authorized in connection with an archaeological find will be considered as Extra Work in accordance with clause GC 3.11.02, Extra Work Page 16 OPS General Conditions of Contract-September 1999 SECTION GC 4.0-OWNER'S RESPONSIBILITIES AND RIGHTS GC 4.01 Working Area .01 The Owner will acquire all property rights which are deemed necessary by the Owner for the construction of the Work, including temporary working easements, and will indicate the full extent of the Working Area on the Contract Drawings. :02 'The Geotechnical Report and-Subsurface Report which will be provided by the Owner as part of the tender documents shall form part of the Contract Drawings. GC 4.02 1 Approvals and Permits .01 The Owner will pay for all plumbing and building permits. .02 The Owner will obtain and pay for all permits, licenses and certificates_solelysequired:for Project approval. GC 4.03 Management and Disposition of Materials 01 'The Owner will identify in the Contract Documents the materials to be moved within or removed from the Working Area, and any characteristics of those materials which will necessitate special materials management and disposition. .02 In accordance with regulations under the Occupational Health an&SafetyAct,R.S.O.1990,c.0.1 as amended,the Owner advises that a) the designated substances silica, lead and arsenic are generally present throughout the Working Area occurring naturally or as a result of vehicle emissions; b) the designated substance asbestos is present in asbestos conduits for utilities; 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 of activities by the Contractor such as sweeping,grinding,crushing, drilling, blasting,cutting and abrasive blasting. 03 The Owner will identify in the Contract- Documents any designated substances or hazardous materials other than those identified above and their location in the Working Area. ,.04 If the Owner or Contractor discovers or is advised of the presence.of designated _substances or hazardous materials which are in addition to those listed in paragraph GC,4.03.02, or not clearly identified in the Contract Documents according to:paragraph GC-4:03:03;,then:verbal notice will be provided to the other party immediately with written confirmation within 2 Days. The Contractor will stop work in the area immediately and will determine the necessary steps required to complete the work in accordance with applicable legislation and regulation. .05 The Owner will be responsible for any reasonable additional costs of removing, managing and disposing of any material'not identified in the Contract Documents, or where conditions exist that could not have been reasonably foreseen at the time of tendering. -All work under this paragraph shall be deemed to be Extra Work. 06 Prior to commencement of the Work,the Owner will provide to the Contractor a list of those products controlled under the Workplace Hazardous Materials Information System or WHMIS, which the Owner will supply or use on the Contract,together with copies of the Materials Safety Data Sheets for these products. All containers used in the application of products controlled under WHMIS shall be labelled. The Owner will notify the Contractor in writing of changes to the list and provide relevant Material Safety Data Sheets. OPS General Conditions of commct-September 1999 Page 17 GC 4.04 Construction Affecting Railway Property .01 The Owner will pay the costs of all flagging and other traffic control measures required and provided by the railway company unless such costs are solely a function of the Contractor's chosen method of completing the Work. GC 4.05 Default by the Contractor .01 The Contractor shall be in default of the Contract if, a) the Contractor fails to commence the Work or execute the Work property or otherwise fails to comply with the requirements of the Contract to a substantial degree;or b) if the Contractor is adjudged bankrupt or makes a general assignment for the benefit of creditors because of insolvency or if a receiver is appointed because of insolvency. GC 4.06 Notification of Default 01_ 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 coned the default within 5 Working Days. GC 4.07 Contractoes Right to Correct a Default .01 The Contractor shall have the right within the 5 full Working Days following the receipt of a notice of default to correct the default and provide the Owner with satisfactory proof that appropriate corrective measures have been taken. .02 if the correction of the default cannot be completed within the 5 full Working Days following receipt of the notice,the Contractor shall not be in default if the Contractor, a) commences the correction of the default within the 5 full Working Days following receipt of the notice; b) provides the Owner with an acceptable schedule for the progress of such correction;and c) completes the correction in accordance with such schedule. GC 4.08 Owner's Right to Correct Default .01 If the Contractor fails to correct the default within the time specified in subsection GC 4.07, a, Cantractors Right to Correct a Default, or subsequently agreed upon,the Owner,without prejudice to any other right or remedy the Owner may have, may correct such default and deduct the cost thereof, as certified by the Contract Administrator,from any payment then or thereafter due to the Contractor. GC 4.09 Termination of Contractor's Right to Continue the Work .01 Where the Contractor fails to correct a default within the time specified in subsection GC 4.07, Contractors Right to Correct a Default, or subsequently agreed upon,the Owner,without prejudice to any other right or remedy the Owner may have, may terminate the Contractors right to continue the Work in whole or in part by giving written notice to the Contractor. .02 if the Owner terminates the Contractors right to continue with the Work in whole or in part, the Owner will be entitled to, a) take possession of the Working Area or that portion of the Working Area devoted to that part of the Work terminated; b) utilize the Equipment of the Contractor and any Material within the Working Area which is intended to be incorporated into the Work,the whole subject to the right of third parties; c) withhold further payments to the Contractor with respect to the Work or the portion of the Work withdrawn from the Contractor until the Work or portion thereof withdrawn is completed; Page 18 OPS General Conditions of Contract-September 1999 d) charge the Contractor the additional cost over the Contract price of completing the Work or portion thereof withdrawn from the Contractor, as certified by the Contract Administrator and any additional compensation paid to the Contract Administrator for such additional service arising from the correction of the default~ e) charge the Contractor a reasonable allowance, as determined by the Contract Administrator, to cover correction to the Work performed by the Contractor that may be required under subsection GC 7.15,Warranty; f) charge the Contractor for any damages the Owner may have sustained as a result of the default; and g) charge the Contractor the amount by which the cost of cocrecctions to the Work under subsection GC 7.15,Warranty,exceeds the allowance provided for such corrections. GC 4.10 Final Payment to Contractor .01 If the Owner's cost to correct and complete the Work in whole or in part is less than the amount withheld from the Contractor under subsection"GC 4.09,'Termination of;:ContractDes Right to Continue the Work,the Owner will pay the-balance to the-Contractor as soon as the final accounting for the Contract is complete. GC 4.11 Termination of the Contract Al Where the Contractor is in default of the Contract the Owner may,without prejudice to any other right or remedy the Owner may have, terminate the Contract by giving written notice of termination to the Contractor, the Surety and-any trustee or receiver acting on behalf of the Contractor's estate or creditors. .02 If the Owner elects to terminate the Contract the Owner will provide the Contractor and the trustee or receiver with a complete accounting to the date of termination. GC 4.12 Continuation of Contractor's Obligations 01 The Contractor's obligation under the Contract as to quality, correction and warranty of the Work performed prior to the time of termination of the Contract or termination of the Contractor's right to continue with the Work in whole or in part shall continue to be in force after such termination. GC 4.13 Use of Performance Bond .01 If the Contractor is in default of the Contract and the Contractor has provided a Performance Bond, the provisions of this Section shall be exercised in accordance with the conditions of the Performance Bond. OPS General Conditions of Contract-September 1999 Pape SECTION GC 5.0-MATERIALi GC 5.01 Supply of Material .01 All Material necessary for the proper completion of the Work, except that listed as being supplied b 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. .Oi Material supplied by the Contractor shall conform to the requirements of the Contract .03 As specified or as requested by the Contract Administrator, the Contractor shall make ,uspection or testing a sample of any Material to be supplied by the Contractor. available for .04::YThe Contractor shall obtain for the Contract Administrator the right to enter upon the premises of the Material manufacturer or supplier to carry out such inspection, sampling and testing as specified or a requested by the Contract Administrator. .05 The Contractor shall notify the Contract Administrator of the sources of Supply sufficiently in advance of the Material shipping dates to enable the Contract Administrator to perform the required inspection, sampling and testing. 1 .06 The Owner will not be responsible for any delays to the Contractor's operations where the Contractor fails to give sufficient advance notice to the Contract Administrator to enable the Contract Administrator to carry out the required inspection, sampling and testing before the scheduled shipping date. .07 The Contractor shall not change the source of supply of any Material without the written authorization of the Contract Administrator. .08 Material which is not specified shall be of a quality best suited to the purpose required and the use of such Material shall be subject to the approval of the Contract Administrator. GC 5.03 . Rejected Material .•0j .01 "Rejected Material shall be removed from the Working Area expeditiously after the notification to that effect from the Contract Administrator. Where the Contractor fails to comply with such notice the Contract Administrator may cause the rejected Material to be removed from the Working Area and disposed of in what the Contract Administrator considers to be the most appropriate manner and the Contractor shall pay the costs of disposal and the appropriate overhead charges. GC 5.04 Substitutions .01 Where the specifications require the Contractor to supply a Material designated b r g y a trade o other name, the Tender shall be based only upon supply of the Material so designated, which shall be regarded as the standard of quality required by the specification. After the acceptance of the Tender, the Contractor may apply to the Contract Administrator to substitute another Material identified by a different trade or other name for the Material designated as aforesaid. The application shall be in writing and shall state the price for the proposed substitute Material designated as aforesaid, and such other information as the Contract Administrator may require. Page 20 OPS General Conditions of Contract-September 1999 .02 Rulings on a proposed substitution will not be made prior to the acceptance of the Tender. Substitutions shall not be made without the prior approval of the Contract Administrator. The approval or rejection of a proposed substitution will be made at the discretion of the Contract Administrator. .03 If the proposed substitution is approved by the Contract Administrator,the Contractor shall be entitled to the first$1000 of the aggregate saving in cost by reason of such substitution and to 50% of any additional saving in cost in excess of such $1000. Each such approval shall be conveyed to the Contractor in writing or by issuance-of a Certificate of Equality on the Owner's standard form of "Certification of Equality",and if any adjustment to the Contract price,is made by reason of such substitution a Change Order shall be issued as well. GC 5.05 Owner Supplied Material GC 5.05.01 Ordering of Excess Material .01 Where Material is supplied by the Owner and where this Material is ordered,by the Contractor in ' excess of the amount specified to complete the Work,:such,excess_Material shall become the property of the Contractor on completion of the Work and shall be charged to the Contractor at cost plus applicable overheads. GC 5.05.02 Care of Material .01 -The Contractor shall, in advance of receipt of shipments of Material supplied by the Owner,,provide adequate and 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 determined by the Contract Administrator. .03 Where Material supplied by the Owner arrives at the delivery point in a damaged condition or where there are discrepancies between the quantities received and=the.quantities shown on the bills of lading, the Contractor shall immediately :report such damage or discrepancies to the Contract Administrator who shall arrange for an immediate inspection of:the,.:shipment and. provide the Contractor with a written release from responsibility for such damage or-deficiencies. Where damage or deficiencies are not so reported it will be assumed that the shipment arrived in good order and any damage or deficiencies reported thereafter shall be made good by the Contractor at no extra cost to the Owner. 04 The full amount of Material supplied by the Owner in each shipment shall be accounted for by the Contractor and such Material shall be at the risk of the Contractor after taking delivery. Such Material shall not, except with the written permission of the Contract Administrator, be used by the Contractor for purposes other than the performance of the Work under the Contract .05 Empty reels, crates, containers and other type of packaging from Material supplied by the Owner shall become the property of the Contractor when they are no longer required for their original purpose and shall be disposed of by the Contractor unless otherwise specified in the Contract Documents. OPS General Conditions of Contract-September 1999 Page 21 .06 The Contractor shall provide the Contract Administrator, immediately upon receipt of each shipment, copies of bills of lading, or such other documentation the Contract Administrator may require to ` substantiate and reconcile the quantities of Material received. q .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. Page 22 OPS General Conditions of Contract-September 1999 SECTION GC 6.0-INSURANCE,PROTECTION AND DAMAGE GC 6.01 Protection of Work,Persons and Property .01 The Contractor, the Contractor's agents and all workers employed by or under the control of the Contractor, including Subcontractors, shall protect the Work, persons and property from damage or injury, and shall be responsible for all losses and damage which may arise as the result of the Contractor's operations under the Contract unless indicated to the contrary below. 02 The Contractor is responsible for the full cost of any necessary temporary provisions and the restoration of all damage where the Contractor damages the Work or property in the performance of the Contract. If the Contractor is not responsible for the damage that occurs to the Work or property the Contractor shall restore such damage, and such work shall be administered according to these General Conditions. .03 The Contractor shall immediately inform the°Contract Administrator of all-damage and injuries which occur during the term of the Contract .04 The Contractor shall not be responsible for loss and damage,that occurs as a result of, a) war, b) blockades and civil commotions; c) errors in the Contract Documents;or d) acts or omissions of the Owner,the Contract Administrator,their agents and employees, or others not under the control of the Contractor, but within the Working Area with the Owner's permission. .05 The Contractor and his Surety or Sureties shall not be released from any term or provision of any responsibility, obligation or liability under the Contract or waive or impair any of the rights of the Owner except by a release duly executed by the Owner. GC 6.02 Indemnification 01 The Contractor shall indemnify and hold harmless the Owner and the Contract Administrator, their agents, officers and employees from and against all claims, demands, losses, expenses, costs, damages, actions, suits or proceedings by third parties, hereinafter called "claims", directly or indirectly arising or alleged to arise out of the performance of or the failure to perform the Work, provided such claims are, a) attributable to bodily injury, sickness, disease, or death or to damage to or destruction of tangible property; b) caused by negligent acts or omissions of the Contractor or anyone-for:whose acts the Contractor may be liable; and c) made in writing within a period of 6 years from the date of Substantial Performance of the Work as set out in the Certificate of Substantial Performance of the Work or, where so specified in the Contract from the date of certification of Final Acceptance. .02 The Contractor shall indemnify and hold harmless the Owner from all and every claim for damages, royalties or fees for the infringement of any patented invention or copyright occasioned by the Contractor in connection with the Work performed or Material furnished by the Contractor under the Contract 03 The Owner expressly waives the right to indemnity for claims other than those stated above in paragraphs GC 6.02.01 and GC 6.02.02. 04 The Owner shall indemnify and hold harmless the Contractor, his agents, officers and employees from and against all claims, demands, losses, expenses, costs, damages, actions, suits, or proceedings arising out of the Contractor's performance of the Contract which are attributable to a lack of or defect in title or an alleged lack of or defect in title to the Working Area. OPS General Conditions of Contract-September 1999 Page 23 .05 The Contractor expressly waives the right to indemnity for claims other than those stated above in paragraph GC 6.02.04. } GC 6.03 Contractor's Insurance GC 6.03.01 General .01 Without restricting the generality of subsection GC 6.02, Indemnification,the Contractor shall provide, maintain and pay for the insurance coverages listed under clauses GC 6.03.02 and GC 6.03.03. y..Insurance coverage in clauses GC 6.03.04, GC 6.03.05 and GC 6.03.06 will only apply when so specified in the Contract Documents. GC 6.03.02 General Liability Insurance .01 General liability insurance shall be in the name of the Contractor, with the Owner and the Contract Administrator named as additional insureds, with limits of not less than 5 million dollars inclusive per pccurrence for bodily injury, death, and damage to property including loss of use thereof, with a property damage deductible of not more than $5000. The form of this insurance shall be the Insurance Bureau of Canada Form IBC 2100, dated 8-87. .02'-,Another form of insurance equal to or better than that required in IBC Form 2100 may be used, provided all the requirements listed in the Contract are included. Approval of this insurance will be conditional upon the Contractor obtaining the services of an Insurer licensed to underwrite insurance in the Province of Ontario and obtaining the insurer's certificate of equivalency to the required insurance. .03 The insurance shall be maintained continuously from the commencement of the Work until 12 months following the date of Substantial Performance of the Work, as set out in the Certificate of Substantial Performance of the Work, or until the Final Acceptance Certificate is issued, whichever is later, and with respect to completed operations coverage for a period of not less than 24 months from the date of Final Acceptance of the Work as set out in the Final Acceptance Certificate, and thereafter to be maintained for a further period of 4 years. .04, The Contractor shall submit annually to the Owner, proof of continuation of the completed operations coverage and if the Contractor fails to do so, the limitation period for claiming indemnity described in paragraph GC 6.02.01 c),will not be binding on the Owner. .05 Should the Contractor decide not to employ Subcontractors for operations requiring the use of explosives for blasting,or pile driving or caisson work, or removal or weakening of support of property building or land, IBC Form 2100 as required shall include the appropriate endorsements. .06 The policies shall be endorsed to provide the Owner with not less than 30 Days' written notice in advance of cancellation,change or amendment restricting coverage. .07 "Claims Made"insurance policies will not be permitted. GC 6.03.03 Automobile Liability Insurance .01 Automobile liability insurance in respect of licensed vehicles shall have limits of not less than 5 million dollars inclusive per occurrence for bodily injury,death and damage to property, in the following forms endorsed to provide the Owner with not less than 30 Days' written notice in advance of any cancellation,change or amendment restricting coverage: a) standard non-owned automobile policy including standard contractual liability endorsement,and b) standard owner's form automobile policy providing third party liability and accident benefits insurance and covering licensed vehicles owned or operated by the Contractor. Page 24 OPS General Conditions of Contract-September 1999 GC 6.03.04 Aircraft and Watercraft Liability Insurance .01 Aircraft and watercraft liability insurance with respect to owned or non-owned aircraft and watercraft if used directly or indirectly in the performance of the Work, including use of additional premises, shall be subject to limits of not less than 5 million dollars inclusive per occurrence for bodily injury, death, and damage to property including loss of use thereof, and limits of.not less than 5 million dollars for aircraft passenger hazard. Such insurance shall be in a form acceptable to the Owner. The policies shall be endorsed to provide the Owner with not less than 30 Days' written notice in advance of cancellation;change or amendment restricting coverage. GC 6.03.05 Property and Boiler Insurance GC 6.03.05.01 Property Insurance .01 - All risks property insurance shall be in the name of the Contractor,.with.the Owner:and the Contract Administrator named,as.additional insureds, insuring not.i less than the-sum..of the.amount of the . Contract price and the full value, as may...be stated..in.the.-Supplemental.General Conditions, of ' Material that is specified to be provided by the,Owner for-,.incorporation-into.the Work, with a deductible not exceeding 1%of the amount insured at the site of the Work. This insurance shall be in a form acceptable to the Owner and shall be maintained continuously until 10 Days after.the date of. Final Acceptance of the Work,as set out in the Final Acceptance Certificate. GC 6.03.05.02 Boiler 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 priorto suds_use or,occupancy shall provide, maintain and pay for property and boiler insurance.insuring the full value of the Work, including coverage for such use or occupancy, and shall provide.the,Contractor with proof of such insurance. The Contractor,shall refund to the Owner the unearned;premiurns>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 General Conditions of Contract-September 1999 Page 26 GC 6.03.05.04 Payment for Loss or Damage .01 The Contractor shall be entitled to receive from the Owner, in addition to the amount due under the Contract, the amount at which the Owner's interest in restoration of the Work has been appraised, such amount to be paid as the restoration of the Work proceeds and in accordance with the requirements of Section GC 8.0, Measurement and Payment. In addition the Contractor shall be entitled to receive from the payments made by the insurers the amount of the Contractors interest in the restoration of the Work. .02 The Contractor shall be responsible for deductible amounts under the policies except where such amounts may be excluded from the Contractor's responsibility by the terms of this Contract. .03 In the event of a loss or damage to the Work arising from the.action or omission of the Owner or others, the Owner shall pay the Contractor the cost of restoring the Work as the restoration of the Work proceeds and in accordance with the requirements of Section GC 8.0, Measurement and Payment. GC 6.03.06 Contractor's Equipment insurance .01 All risks Contractor's equipment insurance covering construction machinery and equipment used by the Contractor for the performance of the Work, including boiler insurance on temporary boilers and pressure vessels, shall be in a form acceptable to the Owner and shall not allow subrogation claims by the insurer against the Owner. The policies shall be endorsed to provide the Owner with not less than 30 Days' written notice in advance of cancellation, change or amendment restricting coverage Subject to satisfactory proof of financial capability by the Contractor for self-insurance of the Contractions Equipment, the Owner agrees to waive the equipment insurance requirement, and for the purpose of this Contract, the Contractor shall be deemed to be insured. This policy shall be amended to provide permission for the Contractor to grant prior releases with respect to damage to the Contractors Equipment GC 6.03.07 insurance Requirements and Duration .01 Unless specified otherwise the duration of each insurance policy shall be from the date Of commencement of the Work until 10 Days after the date of Final Acceptance of the Work, as set out in the Final Acceptance Certificate. .02 The Contractor shall provide the Owner, on a form acceptable to the Owner, proof of insurance prior to commencement of the Work, and signed by an officer of the Contractor and either the underwriter or the broker. .03 The Contractor shall, on request, promptly provide the Owner with a certified true cop of each insurance policy exclusive of information pertaining to premium or premium bases used by the insurer to determine the cost of the insurance. The certified true copy shall include a signature by an officer of the Contractor and in addition, a signature by an officer of the insurer or the underwriter or the broker. .04 Where a policy is renewed the Contractor shall provide the Owner, on a form acceptable to the Owner, renewed proof of insurance immediately following completion of renewal. .05 Unless specified otherwise the Contractor shall be responsible for the payment of deductible amounts under the policies. .06 If the Contractor fails to provide or maintain insurance as required in subsection GC 6.03, Contractors Insurance, or elsewhere in the Contract Documents,then the Owner will have the right to provide and maintain such insurance and give evidence thereof to the Contractor. The Owner's cost thereof shall be payable by the Contractor to the Owner on demand. Page 26 OPS General Conditions of Contract-Septem ber 1999 .07 if the Contractor fails to pay the cost of the insurance placed by the Owner within 30 Days of the date on which the Owner made a formal demand for reimbursement of such costs the Owner may deduct the costs thereof from monies which are due or may become due to the Contractor. GC 6.04 Bonding 01 The Contractor shall provide the Owner with the surety bonds in the amount required by the tender documents. .02 Such bonds shall be issued by a duly licensed surety company authorized to transact a business of suretyship in the Province of Ontario and shall be maintained in good standing until the fulfilment of the Contract OPS General Conditions of Contract-September 1999 Page 27 • i� SECTION GC 7.0-CONTRACTOR'S RESPONSIBILITIES AND CONTROL OF THE WORK GC 7.01 General .01 The Contractor warrants that the site of the Work has been visited during the preparation of the Tender and the character of the Work and all local conditions which may affect the performance of the Work are known. .02 The Contractor shall not commence the Work nor deliver anything to the Working Area until the Contractor has received:'a written order to commence the Work,signed by the Contract Administrator. .03 The Contractor shall have complete control of the Work and shall effectively direct and supervise the Work so as to ensure conformity with the Contract Documents. The Contractor shall be responsible for construction means, methods, techniques, sequences and procedures and for coordinating the various parts of the Work. .04 TMe Contractor shall have the sole responsibility for the design, erection, operation,-maintenance and removal of temporary structures and other temporary facilities and the design and execution of construction methods required in their use. .05 -Notwithstanding paragraph GC 7.01.04, where the Contract Documents include designs for temporary structures and other temporary facilities or specify a method of construction in whole or part, such facilities and methods shall be considered to be part of the design of the Work, and the Contractor shall not'be held responsible for that part of the design or .the specified method of construction. The Contractor shall, however, be responsible for the execution of such design or specified method of construction in the same manner that the Contractor is responsible for the execution of the Work. .06 The Contractor shall execute the terms of the Contract in strict compliance with the requirements of ) the Occupational Health and Safety Act, R.S.O. 1990, c.O.1 (the "Act') and Ontario Regulation 213191 (which regulates Construction Projects) and any other regulations under the Act (the "Regulations")which may affect the performance of the Work, as the "constructor" or"employer", as defined by the Act,as the case may be. The Contractor shall ensure that a) worker safety is given first priority in planning, pricing and performing the Work; b) its officers and supervisory employees have a working knowledge of the duties of a "constructor' and"employer as defined by the Act and the provisions of the Regulations applicable to the Work, and a personal commitment to comply with them; c)•a copy of the most current version of the Act and the Regulations are available at the Contractor's office within the Working Area, or, in the absence of an office, in the possession of the supervisor responsible for the performance of the Work; d) workers employed to carry out the Work possess the knowledge, skills and protective devices required by law or recommended for use by a recognized industry association to allow them to work in safety; e) its supervisory employees cant' out their duties in a diligent and responsible manner with due consideration for the health and safety of the workers;and f) all Subcontractors and their employees are properly protected from injury while they are at the work place. .07 The Contractor when requested shall provide the Owner with a copy of its health and safety policy and program at the pre-start meeting, and shall respond promptly to requests from the Owner for confirmation that its methods and procedures for carrying out the Work comply with the Act and Regulations. The Contractor shall cooperate with representatives of the Owner and inspectors appointed to enforce the Act and the Regulations in any investigations of worker health and safety in the performance of the Work. The Contractor shall indemnify and save the Owner harmless from any additional expense which the Owner may incur to have the Work performed as a result of the Contractor's failure to comply with the requirements of the Act and the Regulations. Page 28 OPS General Conditions of Contract-September 1999 .08 Prior to commencement of the Work the Contractor shall provide to the Contract Administrator a list of those products controlled under the Workplace Hazardous Materials Information System or WHMIS, which the Contractor expects to use on the Contract Related Materials Safety Data Sheets shall accompany the submission. All containers used in the application of products controlled under WHMIS shall be labelled. The Contractor shall notify the Contractor Administrator of changes in writing and provide relevant Material Safety Data Sheets. .09 The Contractor shall have an authorized representative on the site while any work is being performed, to act for or on the Contractor's behalf. Prior to commencement of construction,.tion,.the Contractor shall notify the Contract Administrator of the names, addresses;positions and telephone numbers of the Contractor's representatives who can be contacted at any time to deal with matters relating to the Contract 10 The Contractor shall, at no,additional cost to the Owner, fumish all reasonable aid, facilities and -assistance required by the Contract Administrator for the proper inspection and examination of the Work or the`taking of measurements for the purpose of payment ' 11 The Contractor shall prepare, and update as required,a construction schedule indicating the timing of the major and critical activities of the Work. The schedule shall be designed to ensure conformity with the specified Contract Time. The schedule shall be submitted to the Contract Administrator within 14 Days from the date of the Contract award. .12 Where the Contractor finds any error, inconsistency or omission relating to the Contract, the Contractor shall promptly report it to the Contract Administrator and shall not proceed with the activity affected until receiving direction from the Contract Administrator. .13 The Contractor shall arrange with the appropriate utility authorities for the stake out of all underground utilities and service connections which may be affected by the Work. The Contractor shall be responsible for any damage done to the underground utilities by the Contractor's forces during construction if the stake out locations are within the 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 facilitate the Work. Any other property bars disturbed, damaged or removed by the Contractor's operations shall be replaced by an Ontario Land Surveyor, at the Contractors expense. 03 At no extra cost to the Owner, the Contractor shall provide the Contract Administrator with such materials and devices as may be necessary to lay out the baseline and benchmarks, and as may be necessary for the inspection of the Work. .04 The Contractor shall provide qualified personnel to lay out and establish all lines and grades necessary for construction. The Contractor shall notify the Contract Administrator of any layout work carried out, so that the same may be checked by the Contract Administrator. .05 The Contractor shall install and maintain substantial alignment markers and secondary benchmarks as may be required for the proper execution of the Work. The Contractor shall supply one copy of all alignment and grade sheets to the Contract Administrator. OPS General Conditions of Contract-September 1999 Page 29 .06 The Contractor shall assume full responsibility for alignment, elevations and dimensions of each and all parts of the Work, regardless of whether the Contractor's layout work has been checked by the Contract Administrator. .07 All stakes, marks and reference points provided by the Contract Administrator shall be carefully preserved by the Contractor. In the case of their destruction or removal as a result of the Contractors operations, such stakes, marks and reference points will be replaced by the Contract Administrator at the Contractors expense. GC7.03 Damage by Vehicles or Other Equipment .01 If at any time, in the opinion of the Contract Administrator, damage is being done or is likely to be done to any Roadway or any improvement thereon, outside the Working Area, by the Contractors vehicles or other equipment, whether licensed or unlicensed equipment, the Contractor shall, on the direction of the Contract Administrator, and at no extra cost to the Owner,.make changes or u bstitutions for such vehicles or equipment, and shall alter loadings, or in some other manner, r?emove the cause of such damage to the satisfaction of the Contract Administrator. GC 7.04 Excess Loading of Motor Vehicles , .01 "Where a vehicle is hauling Material for use on the Work, in whole or in part upon a Highway, and where motor vehicle registration is required for such vehicle,the Contractor shall not cause or permit such vehicle to be loaded beyond the legal limit specified in the Highway Traffic Act, R.S.O. 1990, C.H.8, as amended, whether such vehicle is registered in the name of the Contractor or otherwise, 'Yexcept 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 7t ie-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 Contractors 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 Contractors general operations under the Contract. .04 Where the Contract Documents provide for or the Contract Administrator requires detours at specific kocations, payment for the construction of the detours, and if required, for the subsequent removal of the detours,will be made at the Contract prices appropriate to such work Page 30 OPS Genera!Conditions of Contract-September 1999 .05 The Contractor shall maintain, in a satisfactory condition for traffic, a road through the Working Area, at the Owners expense. The road through the Working Area will include any detour constructed in accordance a 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 underthe'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 t 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 structural,-and "geometric 'standards-approved by the Contract Administrator. Removal and site restoration: shall.-be,,performed. as.directed by the Contract ' Administrator. 08 Where, with the prior written approval of the Contract Administrator, the.Highway is dosed and the 'traffic diverted entirely off the Highway to any other Highway,the Contractor shall, at no extra cost to the Owner,supply,erect and maintain traffic control devices in accordance with the MUTCD. 09 Compliance with the foregoing provisions shall in no way relieve the Contractor of obligations under subsection GC'°6.01;- Protection of Work, Persons and-Property, dealing with the Contractors 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 Permits .01 Except as specified in subsection GC 4.02;Approval and Permits,the Contractor shall obtain and pay for any permits, licenses,;and certificates which at the date of tender closing, are required for the performance of the Work. .02 The Contractor shall arrange for all necessary inspections required by the approvals and permits specified in paragraph GC 7.08.01. OPS General Conditions of Contract-September 1999 Page 31 GC 7.09 Suspension of Work .01 The Contractor shall, upon written notice from the Contract Administrator, discontinue or delay any or all of the Work and work shall not be resumed until the Contract Administrator so directs in writing. Delays, in these circumstances,will be administered according to subsection GC 3.08, Delays. GC 7.10 Contractor's Right to Stop the Work or Terminate the Contract .01 If the Owner is adjudged bankrupt or makes a general assignment for the benefit of creditors because '."of insolvency or 9 a receiver is appointed because of insolvency, the Contractor may, without prejudice to any other right or remedy the Contractor may have, by giving the Owner or receiver or trustee in bankruptcy written notice,terminate the Contract .02 if the Work is stopped or otherwise delayed for a period of 30 Days or more under an order of a court or other public authority and provided that such order was not issued as the result of an act or fault of <-he.Contractor or of anyone directly employed or engaged by the Contractor, the Contractor may, without prejudice to any other right or remedy the Contractor may have, by giving the Owner written _ --notice,terminate the Contract .03 The Contractor may notify the Owner in writing, with a copy to the Contract Administrator, that the Owner is in default of contractual obligations if, a) the Contract Administrator fails to issue certificates in accordance with the provisions of Section , GC 8.0, Measurement and Payment; b) the Owner fails to pay the Contractor, within 30 Days of the due dates identified in clause GC 8.02.03, Certification and Payment, the amounts certified by the Contract Administrator or within 30 Days of an award by an arbitrator or court;or c) the Owner violates the requirements of the Contract. .04 The Contractor's written notice to the Owner shall advise that if the default is not corrected in the 7 Days immediately following the receipt of the written notice the Contractor may, without prejudice to any other right or remedy the Contractor may have, stop the Work or terminate the Contract .05 If the Contractor terminates the Contract under the conditions set out in this subsection, the Contractor shall be entitled to be paid for all work performed according to the Contract Documents and for any losses or damage as the Contractor,may sustain as a result of the termination of the GC 7A-1 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 Documents,the Contractor shall give at least 48 hours advance written notice of the date of commencement of such work to the person, company, partnership,corporation, board,or commission so affected. .02 In the case of damage to, or interference with any utilities, pole lines, pipe lines, conduits, farm tiles, or other public or privately owned works or property, the Contractor shall immediately notify the Owner and the Contract Administrator of the location and details of such damage or interference. Page 32 OPS Generai Conditions of Contract•September 1999 ' GC 7.12 Obstructions 01 Except as otherwise noted in these General Conditions, the Contractor assumes all the risks and responsibilities arising out of any obstruction encountered in the performance of the Work and any traffic conditions, including traffic conditions on any Highway or road giving access to the Working Area caused by such obstructions, and the Contractor shall not make any claim against the Owner for any loss, damage or expense occasioned thereby. :02 Where the,obstruction is-al 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.consult°Mrith Utility companies or other appropriate authorities for furtherinformation in regard to:the exact-location of these Utilities, to exercise the necessary care in construction°operations °and to take such other precautions as are necessary to safeguard the Utility from damage. GC 7.13 Limitations of Operations .01 Except for such work as may be required by the Contract Administrator to maintain the Work in a safe and satisfactory condition, the Contractor shall not carry on operations under the Contract on Sundays without permission in writing from the Contract Administrator. .02 The Contractor shall cooperate with other Contractors, Utility companies and the Owner and they ' shall be allowed access to their work or plant at all reasonable times. GC 7.14 Cleaning Up Before Acceptance 01 Upon attaining Substantial Performance of the Work, the Contractor shall remove surplus materials, tools, construction machinery and equipment not required for the performance of the remaining Work. The Contractor shall also remove all temporary works and debris other than that caused by the Owner;or others and leave the Work and Working Area clean and suitable for occupancy by the Owner unless otherwise specified. .02 The Work shall not be deemed to have reached Completion-until the Contractor has removed surplus materials, tools, construction machinery and-equipment. The Contractor shall also have removed debris, other than that caused by the Owner, or others. GC 7.15 Warranty .01 The Contractor shall be responsible for the proper performance of the Work only to the extent that the design and specifications permit such performance. .02 Subject to the previous paragraph the Contractor shall correct promptly, at no additional cost to the Owner,defects or deficiencies in the Work which appear, a) prior to and during the period of 12 months from the date of Substantial Performance of the Work, as set out in the Certificate of Substantial Performance of the Work, b) where the work is completed after the date of Substantial Performance, 12 months after Completion of the Work, c) where there is no Certificate of Substantial Performance, 12 months from the date of Completion of the Work as set out in the Completion Certificate, or OPS General Conditions of Contract-September 1999 Page 33 r . r d) such longer periods as may be specified for certain Materials or some of the Work. The Contract Administrator will promptly give the Contractor written notice of observed defects or deficiencies. .03 The Contractor shall correct or pay for damage resulting from corrections made under the requirements of paragraph GC 7.15.02. r 1 r r r r r r r r r Page 34 OPS General Conditions of Contract-September 1899 SECTION GC 8.0-MEASUREMENT AND PAYMENT GC 8.01 Measurement GC 8.01.01 Quantities 01 The Contract Administrator will make an estimate once a month, in writing, of the quantity of Work performed. The first estimate will be the quantity of Work performed since the Contractor commenced the Contract,-and every subsequent estimate except the final one,will be of the�quantity of Work performed since the preceding estimate was made. The Contract Administrator will provide ' the copy of each estimate to the Contractor within 10 Days of the Cut-Off Date. 4.02 Such 'quantities for progress`payments,shall be construed and held to approximate. The final quantities for the issuance of the Completion Certificate shall be based on the measurement of Work completed. .03 Measurement of the fquanfities-of the Work performed will be either--by Measurement or by Plan Quantity principles as indicated in the•Contract-Adjustments to-.,Plan-Quantity measurements 'will normally be made using Plan Quantity-principles but may, where appropriate, be made using Actual Measurements. Those,items identified on the Tender by the notation (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%, either party to the Contract may make a written request to the other party to negotiate a revised unit price for that portion of the Work performed and/or°Material supplied which exceeds 115%of the tender quantity. The negotiation shall be carried out as soon as reasonably possible. Any revision of the unit price shall be based on the reasonable cost of doing the Work and/or supplying the Material under the tender item plus a reasonable allowance for profit and applicable overhead. b) In the case of a Major Item where the'quantity*ofWork performed and/or-Material supplied by the Contractor is less than 85% of the tender quantity, the Contractor may make a written request to negotiate for the portion of the actual-.overheads,and-fixed:costs:..applicable to the amount of the underrun in excess of 15%of the tender quantity. For purposes of the negotiation, the,overheads and fixed costs.applicable to the item are deemed to have been prorated uniformly over 100% of the tender quantity for the item. Overhead costs shall be confirmed by a statement certified by the Contractor's senior financial officer or auditor and may be audited by the Owner. Alternatively, where both parties agree, an allowance equal to 10% of the unit price on the amount of.the 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 Payment GC 8.02.01 Price for Work .01 Prices for the Work shall be full compensation for all labour, Equipment and Material required in its performance. The term "all tabour, Equipment and Material" shall include Hand Tools, supplies and other incidentals. OPS General conditions of Contract-September I M Page 35 A2 Payment for work not specifically detailed as part of any one item and without specified details of g� payment will be deemed to be included in the items with which it is associated. f GC 8.02.02 Advance Payments for Material ' .01 The Owner will make advance payments for Material intended for incorporation in the Work upon the written request of the Contractor and according to the following terms and conditions: a) The Contractor shall, in advance of receipt of the shipment of the Material, arrange for adequate and proper storage facilities and notify the Contract Administrator of their locations. —b) The value of aggregates,processed and stockpiled,shall be assessed by the following procedure: i. Sources Other Than Commercial (1)Granular'A', Wand'M'shall be assessed at the rate of 60%of the Contract price, (2)Coarse and fine aggregates for hot mix asphaltic concrete, surface treatment and Portland cement concrete shall be assessed at the rate of 25% of the Contract price for each aggregate stockpiled. , °ii. Commercial Sources } Payment for separated coarse and fine Ym Pa aggregates will be considered at the above rate when such materials are stockpiled at a commercial source where further processing is to be carried out before incorporating such materials into a final product Advance payments for other materials located at a commercial source will not be made. c) Payment for all other materials, unless otherwise specified elsewhere in the Contract, shall be based on the invoice price, and the Contractor shall submit prof of cost to the Contract Administrator before payment can be made by the Owner. d) The payment for all Materials shall be prorated against the appropriate tender item by paying for sufficient units of the item to cover the value of the material. Such payment shall not exceed 80% of the Contract price for the item. e) All Materials for which the Contractor wishes to receive advance payment shall be placed in the designated storage location immediately upon receipt of the material and shall thenceforth be held by the Contractor in trust for the Owner as collateral security for any monies advanced by the , Owner and for the due completion of the Work. The Contractor shall not exercise any act of ownership inconsistent with such security, or remove any Material from the storage locations, except for inclusion in the Work,without the consent, in writing,of the Contract Administrator. f) Such materials shall remain at the risk of the Contractor who shall be responsible for any loss, damage,theft, improper use or destruction of the material however caused. .02 'Where the Owner makes advance payments subject to the conditions listed in paragraph GC 8.02.02.01, such payment shall not constitute acceptance of the Material by the Owner. Acceptance s�ll only be determined when the material meets the requirements of the appropriate specification. GC 8.02.03 Certification and Payment ,, GC 8.02:03.01 Progress Payment Certificate .01 The value of the Work performed and Material supplied will be calculated once a month by the Contract Administrator in accordance with the Contract Documents and clause GC 8.01.01, Quantities. .02 The progress Payment Certificate will show, a) the quantities of Work performed; b) the value of Work performed; c) any advanced payment for Materials; d) the amount of statutory holdback, liens, Owner's set-off; e) the amount of GST as applicable;and f) the amount due the Contractor. Page 36 OPS General Conditions of Contract-September 190 .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 certtfy.the completion of such subcontract ' .02 The Contract Administrator will issue a Certificate of Subcontract Completion if the subcontract has been completed satisfactorily, and all required inspection and testing of the works covered by the subcontract have been carried out and the results are satisfactory. .03 The Contract`Administrator-will set out in the Certificate of Subcontract.Completion the date on which the subcontract was completed and within'?Days of:the date the°subcontract is certified complete, the Contract Administrator will give a copy of the certificate to the.Contractor and:to the Subcontractor concerned. GC 8.02.03.03 Subcontract Statutory Holdback Release Certificate-and Payment .01 Following receipt of the Certificate of Subcontract Completion, the Owner will release and pay the Contractor the statutory holdback retained in respect of the subcontract. Such release shall be made 46 Days after the date,the subcontract mas certified complete and providing,the Contractor submits the following to the Contract Administrator a) a document satisfactory to the Contract Administrator that will release the Owner from all further claims relating to the subcontract,qualified by stated exceptions such as holdback monies; b) evidence satisfactory to the Contract Administrator that the Subcontractor has discharged all liabilities incurred in carrying out the subcontract; c) a satisfactory clearance certificate or letter from the Workplace Safety and Insurance Board relating to the subcontract;and ' d) a copy of the contract between the Contractor and the Subcontractor and a satisfactory statement showing the total amount due the Subcontractor from the Contractor. 02 Paragraph GC 8.02.03.03.01 d), will only apply to Lump Sum Items and then only when the Contract Administrator specifically requests it .03 Upon receipt of the statutory holdback, the Contractor�shall-forthwith--give -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 Performance . ' 01 Upon application by the Contractor and where the Contract has been substantially performed the Contract Administrator will issue a Certificate of Substantial Performance. 02 The Contract Administrator will set out in the Certificate of Substantial Performance the date on which the Contract was substantially performed and within 7 Days after signing the said certificate the Contract Administrator will provide a copy to the Contractor. 03 Upon receipt of a copy of the Certificate of Substantial Performance, the Contractor shall forthwith, as required by Section 32(1) Paragraph 5 of the Construction Lien Act, R.S.O. 1990, c.C.30, as amended, publish a copy of the certificate in a construction trade newspaper. Such publication shall include placement in the Daily Commercial News. OPS General Conditions of Contract-September 1999 Page 37 T. .04 Where the Contractor fails to publish a copy of the Certificate of Substantial Performance as required v ' above within 7 Days after receiving a copy of the certificate signed by the Contract Administrator, the ) Owner may publish a copy of the certificate at the Contractor's expense. .05 Except as otherwise provided for in Section 31 of the Construction Lien Act, the 45-day lien period r prior to the release of holdback as referred to in clause GC 8.02.03.05, Substantial Performance Payment and Statutory Holdback Release Payment Certificates, shall commence from the date of publication of the Certificate of Substantial Performance as provided for above. GC-8.02.03.05 Substantial Performance Payment and Substantial Performance Statutory Holdback Release Payment Certificates .01 When the Contract Administrator issues the Certificate of,Substantial Performance the Contract Administrator will also issue the Substantial Performance Payment Certificate and the Substantial Performance Statutory Holdback Release Payment Certificate or where appropriate, a combined payment certificate. a< .: . .02 the'Substantial Performance Payment Certificate will show, _, a) the value of Work performed to the date of Substantial Pertormance; b) the value of outstanding or incomplete Work; c) the amount of the statutory holdback, allowing for any previous releases of statutory holdback to the Contractor in respect of completed subcontracts and deliveries of pre-selected equipment; ' d) the amount of maintenance security required;and e) the amount due the Contractor. .03 Payment of the amount certified will be made within 30 Days of the date of issuance of the payment certificate. .04 The Substantial Performance Statutory Holdback Release Payment Certificate will be a payment certificate releasing to the Contractor the statutory holdback due in respect of Work performed up to the date of Substantial Performance. Payment of such statutory holdback shall be due 46 Days after the date of publication of the Certificate of Substantial Performance but subject to the provisions of the Construction Lien Act and the submission by the Contractor of the following documents: a) a release by the Contractor in a form satisfactory to the Contract Administrator releasing the Owner from all further claims relating to the Contract, qualified by stated exceptions such as outstanding work or matters arising out of subsection GC 3.14,Claims, Negotiations, Mediation; ' b) a statutory declaration in a form satisfactory to the Contract Administrator that all liabilities incurred -_ ;by the Contractor and the Contractor's Subcontractors in carrying out the Contract have been discharged except for statutory holdbacks properly retained; _c) a satisfactory Certificate of Clearance from the Workplace Safety and Insurance Board;and d'proof of publication of the Certificate of Substantial Performance. GC 8.02.03.06 Certification of Completion , .01 Upon application by the Contractor, and when the Contract reaches Completion, the Contract Administrator will issue a Completion Certificate. .02 The Contract Administrator will set out in the Completion Certificate the date on which the Work was ' completed and within 7 Days of signing the said certificate the Contract Administrator will provide a copy to the Contractor. Page 38 OPS General Conditions of Contract-September 1999 GC 8.02.03.07 Completion Payment and Completion Statutory Holdback Release Payment Certificates ' .01 When the Contract Administrator issues the Completion Certificate, the Contract Administrator will also issue the Completion Payment Certificate and the Completion Statutory Holdback Release Payment Certificate or where appropriate, a combined payment certificate. .02 The Completion Payment Certificate will show, a) measurement and value of Work at Completion; b) the amount of the further statutory holdback based on the value of further work completed over rand above the value of work completed shown in the Substantial Performance Payment Certificate referred to above; and c) the amount due the Contractor. .03 The Completion Statutory Holdback Release Payment Certificate :will: be ,a.payment certificate releasing to!the Contractor the'furtherstatutory!holdback. `Payment.ofsuch1tatutory holdback shall be due 46 Days after the date of Completioni of the Work.as established:by,the Completion Certificate but subject to the provisions of the Construction Lien Act and, submission by;the Contractor of.the following documents: a) a release by the Contractor in a form satisfactory to the Contract Administrator releasing the Owner from all further claims relating to the Contract, qualified by stated exceptions where appropriate; b) a statutory declaration in a form satisfactory to the Contract Administrator that all liabilities incurred by the Contractor and the Contractor's Subcontractors in carrying out the Contract have been discharged,qualified by stated exceptions where appropriate; and c) a satisfactory Certificate of Clearance from the Workplace Safety and Insurance Board. GC 8.02.03.08 Interest .01 Interest due the Contractor is based on simple interest and is calculated using the applicable Rate of Interest. GC 8.02.03.09 Interest for Late Payment 01 Provided the Contractor has complied with the requirements of the Contract including all documentation requirements, when payment by the Owner to the Contractor for Work performed, or for release of statutory holdback, is delayed by the Owner, then the Contractor shall be entitled to receive interest on the outstanding payment at the Rate-of interest.,if,payment;is not received on the dates set out below: a) Progress Payment Certificates: 30 Days after the Cut-Off Date; b) Certificate of Subcontract Completion:- 30 Days after the date certified as the date on.which the . subcontract was completed; c) Subcontract Statutory Holdback Release Payment Certificate: 76 Days after the date on which the subcontract was completed; d) Substantial Performance Payment Certificate: 30 Days after the date of issuance of the certificate. e) Substantial Performance Statutory Holdback Release Payment Certificate: 76 Days after publication of the Payment Certificate of Substantial Performance; f) Completion Payment Certificate: 30 Days after the date certified as the date on which the Contract reached Completion; g) Completion Statutory Holdback Release Payment Certificate: 76 Days after the date certified as the date which the Work was completed. 02 If the Contractor has not complied with the requirements of the Contract, including all documentation requirements, prior to expiration of the time periods described in paragraph GC 8.02.03.09.01, interest will only begin to accrue when the Contractor has completed those requirements. OPS General Conditions of Contract-September 1999 Page 39 r. s' 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 t subsequent claims are submitted in accordance with the time limits and/or procedure described by subsection GC 3.14, Claims, Negotiations, Mediation, the Owner will pay the Contractor the Rate of Interest on the amount of the negotiated price for that part of the Work or on the amount of the settled claim. Such interest will not commence until 30 Days after the satisfactory completion of that part of the Work. .02 F 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 Y 9 p bed by subsection GC 3.14, Claims, Negotiations, Mediation, interest shall not be paid. 04._ ybe re a Contractor fails to comply with the 30-day time limit and the procedures prescribed in T paragraph GC 3.14.03.03 for submission of claims, interest shall not be paid for the delay period. .. GC 8.02."03.11 Owner's Set-Off .01 ..Pursuant to Section 12 of the Construcfion Lien Act, the Owner may retain from monies owing to the Contractor under this Contract an amount sufficient to cover any outstanding or disputed liabilities including the cost to remedy deficiencies, the reduction in value of substandard portions of the Work, claims for damages by third parties which have not been determined in writing by the Contractors insurer, undetermined claims by the Owner under paragraph GC 8.01.02.01 a), any assessment due the Workplace Safety and Insurance Board and any monies to be paid to the workers in accordance with clause GC 8.02.06, Payment of Workers. .02 Under these circumstances the Owner will give the Contractor appropriate notice of such action. GC 8.02.03.12 Delay in Payment .01 The Owner shall not be deemed to be in default of the Contract provided any delay in payment does not exceed 30 Days from the due dates as defined in paragraph GC 8.02.03.09.01. GC 8.02.04 Payment on a Time and Material Basis GC 8Q .04.01 Definitions .01 Fot the purpose of this clause the following definitions apply: ' Cost of Labour. means the amount of wages, salary,travel,travel time,food, lodging or similar'items and Payroll Burden paid or incurred directly by the Contractor to or in respect of labour and supervision actively and necessarily engaged on the Work based on the recorded time and hourly rates of pay for such labour and supervision, but shall not include any payment or costs incurred for general supervision, administration of management time spent on the entire Work or any wages, salary or Payroll Burden for which the Contractor is compensated by any payment made by the Owner for Equipment Cost of Material: means the cost of Material purchased, or supplied from stock, and valued at current market prices, for the purpose of carrying out Extra Work, by the Contractor, or by others when such arrangements have been made by the Contractor for completing the Work,as shown by itemized invoices. Operated Rented Equipment: means Rented Equipment for which an operator is provided by the supplier of the equipment and for which the rent or lease includes the cost of the operator. Page 40 OPS Generai Conditions of Contract-September 1999 Payroll Burden: means the payments in respect of workplace insurance, vacation pay, employment insurance, public liability and property damage insurance, sickness and accident insurance, pension fund ' and such other welfare and benefit payments forming part of the Contractor's normal labour costs. Rented Equipment: means equipment that is rented or leased for the special purpose of Work on a Time and Material Basis from a person, firm or corporation that is not an associate of the lessee as defined by ' the Securities Act, R.S.O:'1990, c.S.5,as amended,and is approved by the Contract Administrator. Road Work: means,the preparation, construction; finishing and construction maintenance of roads, 'streets,highways and parking'lots and includes all work incidental thereto other than work on structures. Sewer 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. Standby Time: "means any°period of time which is not-considered Working Trme;:anri which together with the Working Time does not exceed 10 hours-in any one Working Day-and.during which time a unit of ' equipment cannot practically be used on otherwwork-but.must remain,,on.,the site:::in order to.continue with its assigned task and during which time the unit is in fully operable condition. ' Structure Work: means the construction, reconstruction repair, alteration, remodelling, renovation or demolition of any bridge, building,tunnel or retaining wall and includes the preparation for and the laying of the foundation of any'bridge, building, tunnel or,retaining wall and the installation of equipment and appurtenances incidental thereto. The 127 Rate: means the rate for a unit of equipment as listed in OPSS 127, Schedule of Rental Rates for Construction Equipment Including Model and Specification Reference, which is current at the time the work is carried out or for equipment which is not so listed, the rate which has been calculated by the Owner, using the same principles as used in determining The 127 Rates. Work on a Time and Material Basis: means Changes in the Work, Extra Work and Additional Work approved by the Contract Administrator for payment on a Time and Material basis. The Work on a Time and.,Material Basis shall be, subject to all the terms, conditions, specifications and provisions of the Contract. ' 'Working Time: means each period of time during which a unit of equipment is actively and of necessity engaged on a:specific operation and the first 2 hours of each immediately following period during.which the unit is not so engaged but during which the 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-in-a fully operable condition. GC 8.02.04.02 Daily Work Records Al Daily Work Records prepared as the case may be by either the Contractor's representative or the Contract Administrator and reporting the labour and Equipment employed and the Material used on ' each Time and Material project, shall be reconciled and signed each day by both the Contractor's representative and the Contract Administrator. GC 8.02.04.03 Payment for Work .01 Payment as herein provided shall be full compensation for all labour, Equipment and Material to do the Work on a Time and Material Basis except where there is agreement to the contrary prior to the commencement of the Work on a Time and Material Basis. The payment adjustments on a Time and Material basis shall apply to each individual Change Order authorized by the Contract Administrator. OPS General Conditions of Contract-September 1999 Page 41 r. GC 8.02.04.04 Payment for Labour .01 The Owner will pay the Contractor for labour employed on each Time and Material project at 135%of the Cost of Labour up to $3000, then at 120% of any portion of the Cost of Labour in excess of ' $3000. .02 The Owner will make payment in respect of Payroll Burden for Work on a Time and Material Basis at the Contractor's actual cost of Payroll Burden. ' .03—At the Owner's discretion, an audit may be conducted in which case the actual Payroll Burden so determined shall be applied to all Time and Material work on the Contract GC 8.02.04.05 Payment for Material .01 The Owner will pay the Contractor for Material used on each Time and Material project at 120%of the , =most of the Material up to $3000, then at 115% of any portion of the Cost of Material in excess of .U000. `.0 GC 8:02:04.06 Payment for Equipment GC 8.02.04.06.01 Working Time .01 The Owner will pay the Contractor for the Working Time of all equipment other than Rented ' Equipment and Operated Rented Equipment used on the Work on a Time and Material basis at The 127 Rates with a cost adjustment as follows: a) Cost$10,000 or less-no adjustment; b) Cost greater than $10,000 but not exceeding $20,000 -payment$10,000 plus 90% of the portion in excess of$10,000;and c) Cost greater than$20,000-$19,000 plus 80%of the portion in excess of$20,000. .02 The Owner will pay the Contractor for the Working Time of Rented Equipment used on the Worts 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 Nj`keriai Basis. GC 8 02:04.06.02 Standby Time .01 -The Owner will pay the Contractor for Standby Time of Equipment at 35%of The 127 Rate or 35%of the invoice price whichever is appropriate. The Owner will pay reasonable costs for Rented Equipment where this is necessarily retained in the Working Area for extended periods agreed to by the Contract Administrator. This will include Rented Equipment intended for use on other work, but has been idled due to the circumstances giving rise to the Work on a Time and Material Basis. ' .02 In addition, the Owner will include the Cost of Labour of operators or associated labourers who cannot be otherwise employed during the standby period or.during the period of idleness caused by the circumstances giving rise to the Work on a Time and Material Basis. .03 The Contract Administrator may require Rented Equipment idled by the circumstances giving rise to the Work on Time and Material Basis to be returned to the lessor until the work requiring the equipment can be resumed. The Owner will pay such costs as result from such return. Page 42 OPS General Conditions of Co , ntrad-September 1999 .04 When Equipment is transported, solely for the purpose of the Work on a Time and Material Basis, to Po or from the Working Area on a Time and Material basis, payment will be made by the Owner only in ' respect of the transporting units. When Equipment is moved under its own power it shall be deemed to be working. The method of moving Equipment and the rates shall be subject to the approval of the Contract Administrator. ' GC 8.02.04.07 Payment for Hand Tools .01: Notwithstanding any-.other provision of this,-Section, no.payment shall,.be.made to.the.,Contractor for. or in respect of Hand Tools or equipment that are tools of the trade. GC 8.02.04.08 Payment for Work B Subcontractors . Y Y 01 Where the Contractor arranges for Work on a-Time and Material Basis, or apart of it, to be performed by Subcontractors,on. a-.Time and :Material basis. and, has-.,received ,approval, prior to the 'commencement of. such',work °in accordance with,-the,-requirements:�oft subsection GC 3.10, Subcontracting by the Contractor,the Owner will pay the cost,of,Work•on,a-Time'and-Material Basis .0 ' by the Subcontractor calculated as if theontractor had,done-the4Work«on:a'7irne�and Material Basis, plus•a markup calculated on the following basis: a) 20%of the first$3,000; plus ' b) 15%of the amount from$3,000 to$10,000; plus c) 5%of the amount in excess of$10,000. 02 -No further markup will be applied regardless-of the extent to which the work is assigned or sublet to, others. If work is assigned or sublet-to an associate, as defined by the Securities Act no markup whatsoever will be applied. ' GC 8.02.04.09 Submission of Invoices .01 At the start of the Work on a Time and Material Basis, the Contractor-shall.provide.,the applicable labour and-Equipment rates not already submitted to the Contract Administrator during the course of such work. .02 Separate�summaries shall be completed by the Contractor according to the standard form,:"Summary for Payment,of Accounts,on a Time.and Material Basis". Each_summary shall include the order number and covering dates of the work and shall 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 each summary. :03 Each month the Contract=Administrator will include with the.monthly„progress-payment certificate,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 Contractors:invoice of the Work on a Time and Material Basis. .04 The final"Summary-for Payment of Accounts on a Time and Material Basis”shall be submitted by the Contractor within 60 Days after the completion of the Work on a Time and Material Basis. GC 8.02.05 Final Acceptance Certificate ' .01 After the .acceptance of the .Work the Contract Administrator will issue the Final Acceptance Certificate, or, where applicable, after the Warranty Period has expired. The Final Acceptance Certificate will not be issued until all known deficiencies have been adjusted or corrected, as the case may be, and the Contractor has discharged all obligations under the Contract. OPS General Conditions of Contract-September 1999 Page 43 r GC 8.02.06 Payment of Workers .01 The Contractor shall, in addition to any fringe benefits, pay the workers employed on the Work in accordance with the labour conditions set out in the Contract and at intervals of not less than twice a ' month. .02 The Contractor shall require each Subcontractor doing any part of the Work to pay the workers employed by the Subcontractor on the Work in accordance with paragraph GC 8.02.06.01. .03 Where any person employed by the Contractor or any Subcontractor or other person on the Work is paid less than the amount required to be paid under the Contract, the Owner may set off monies in accordance with clause GC 8.02.03.11, Owners Set-Off. GC 8.02.07 Records .01 The Contractor shall maintain and keep accurate Records relating to the Work, Changes in the Work, ' Extra Work and claims arising therefrom. Such Records shall be of sufficient detail to support the total cost of the Work, Changes in the Work, and Extra Work. The Contractor shall preserve all such original Records until 12 months after the Final Acceptance Certificate is issued or until all claims ' have been settled, whichever is longer. The Contractor shall require that Subcontractors employed by the Contractor preserve all original Records pertaining to the Work, Changes in the Work, Extra Work and claims arising therefrom for a similar period of time. ' .02 If, in the opinion of the Contract Administrator, Daily Work Records are required, such records shall report the tabour and Equipment employed and the Material used on any specific portion of the Work. The Daily Work Records shall be reconciled with and signed by the Contractor's representative each ' day. .03 The Owner may inspect and audit the Contractor's Records relating to the Work, Extra Work and Changes in the Work at any time during the period of the Contract. The Contractor shall supply , certified copies of any part of its Records required whenever requested by the Owner. GC 8.02.08 Taxes and Duties .01 Where a change in Canadian Federal or Provincial taxes occurs after the date of tender closing for this Contract, and this change could not have been anticipated at the time of bidding, the Owner will ' increase or decrease Contract payments to account for the exact amount of tax change involved. .02 Claims for compensation for additional tax cost shall be submitted by the Contractor to the Contract Administrator on forms provided by the Contract Administrator to the Contractor. Such claims for additional tax costs shall be submitted not less than 30 Days after the date of Final Acceptance. .03 Where the Contractor benefits from a change in Canadian Federal or Provincial taxes, the Contractor shall submit to the Contract Administrator, on forms provided by the Contract Administrator, a ' statement of such benefits. This statement shall be submitted not later than 30 Days after Final Acceptance. .04 Changes in Canadian Federal or Provincial taxes which impact upon commodities,which when left in ' place form part of the finished Work,or the provision of services,where such services form part of the Work and where the manufacture or supply of such commodities or the provision of such services is carried out by the Contractor or a Subcontractor, are subject to a claim or benefit as detailed above. , Services in the tatter context means the supply and operation of equipment, the provision of labour and the supply of commodities,which do not form part of the Work. Page 44 OPS General Conditions of Contract-September 1999 ' GC 8.02.09 Liquidated Damages .01 When liquidated damages are specified in the Contract and the Contractor fails to complete the Work ' in accordance with the Contract, the Contractor shall pay such amounts as are specified in the Contract Documents. OPS General Conditions of Contract-September 1999 Page 45 r