HomeMy WebLinkAbout2004-035
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THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW 2004- 035
Being a By-law to authorize a contract between the
Corporation of the Municipality of Clarington and Langley
Utilities Contracting, Bowmanville, Ontario, to enter into
agreement for the Street Lighting Improvements at Various
Locations
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 t1he
Corporation of the Municipality of Clarington and seal with the Corporation Seal, a
contract between, Langley Utilities Contracting, Bowmanville, Ontario, and said
Corporation; and
2. THAT the contract attached hereto as Schedule "A" form part of t1his By-law.
2nd February
By-law read a first and second time this day of , 2004.
2nd Februar,y
By-law read a third time and finally passed this day of , 2u04.
. '04MAR10 PM 3:14:11
CJ!J!-MJgron
MEMO
TO:
Patti L. Barrie, Municipal Clerk
FROM:
Lou Ann Birkett, C.P.P., A.M.C.T., Purchasing Manager
DATE:
Monday, 08 March 2004
RE:
TENDER CL2003-32. STREET LIGHTING FOR VARIOUS LOCATIONS
Please find enclosed one (1) fully executed contract document for the above noted
agreement.
Thank you,
LAB/km
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CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T(905)623-3379 F (905)623-4169
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CORPORATION OF
THE MUNICIPALITY OF CLARINGTON
STREET LIGHTING IMPROVEMENTS - VARIOUS LOCATIONS
Part A - Prestonvale Road, South of Bloor St. to Glen Abbey Dr., Courtice
Part B - Intersection of Taunton Road and Middle Road, North of Bowmanville
Part C - Intersection of Taunton Road and Solina Road, South of Solina
Part D - Kendal Church Street, Kendal
Part E - Intersection of Hwy. 2 and Golf Course Road, East of Newcastle
Part F - Intersection of Hwy. 2 and Brownsville Road, East of Newcastle
CONTRACT NO. CL2003-32
November 2003
~~
architects
planners
TSH No. 12-29312
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DESCRIPTION OF THE WORK AND LIST OF DOCUMENTS
Contract No, CL2oo3-32, Street Lighting Improvements Various Locations, Municipality of Clarington.
A.
TENDER FORM:
General
Itemized Bid
Bonds
Schedule of Tender Data
Pages 1 and 2
Pages 3 to 5
Page 7
B, STANDARD TERMS AND CONDITIONS
C. INSTRUCTIONS TO TENDERERS Pages 1 to 5
D. SPECIAL PROVISIONS - GENERAL Pages 1 to 9
E. SPECIAL PROVISIONS - TENDER ITEMS Pages 1 to 2
F. PLANS: Drawings No, E-l to E-8
G. STANDARD SPECIFICATIONS: It shall be the Contractor's responsibility to obtain the applicable
edition of the following Ontario Provincial Standard Specifications,
OPSS No. Date
OPSS No. Date
OPSS No, Date
OPSS No. Date
127
128
Current
Current
601 Mar. 1993
603 Mar. 1993
Sept. 1984
Sept. 1984
604
609
June 2002
Nov. 2001
614
617
L 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 April 30, 2004.
IN CONSIDERATION WHEREOF said party of the second part agrees to pay to the
Contractor for all work done, the unit prices on the Tender.
This agreement shall enure to the benefit of and be binding upon the heirs, executors,
administrators and assigns of the Contractor and on the heirs and successors of the Purchaser.
Page 2 of 3
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AGREEMENT
THIS AGREEMENT made in triplicate this 23'" day of January 2004.
BETWEEN: LANGLEY UTILITIES CONTRACTING LTD.
of the Regional Municipality of Durham and Province of Ontario
hereinafter called the "Contractor"
THE PARTY OF THE FIRST PART
-and-
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
hereinafter called the "Purchaser"
THE PARTY OF THE SECOND PART
WITNESSETH, that the party of the first part, for and in consideration of the payment or
payments specified in the tender for this work hereby agrees to furnish all necessary machinery, tools,
equipment, supplies, labour, and other means of construction and, to the satisfaction of the Engineer, to do all
the work as described hereafter, furnish all the materials except as herein otherwise specified, and to complete
such works in strict accordance with the plans, specifications and tender therefore, all of which are to be read
herewith and form part of this present agreement as fully and completely to all intents and purposes as though
all the stipulations thereof have been embodied herein.
Page I of 3
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IN WITNESS WHEREOF, the Contractor and the Purchaser have hereunto signed their
names and set their seals on the day first above written,
in the presence of
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CTING INC..
SIGNED and sealed by the Contractor:
-- ~ /-
Date
SIGNED and sealed by the Purchaser: THE CORPORATION OF THE MUNICIPALITY OF
CLARINGTON
in the presence of
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John Mutto ,Mayor
Date I....k,no>.... "-t, c;;J.cv/
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Patti L Barrie, Clerk
Date t-"'c,-'(:.",-'-.. (I.' 0>\':.J~(1
P: \ 12-29312\SpeclI\SigningDocs-Agr .doc
Page 3 of 3
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PROJECT:
AUTHORITY:
CONTRACT ADMINISTRATOR:
TENDERER:
TENDERS RECEIVED BY:
P:\12-29312ISpecslSigni118Docs- TP,doc
TENDER FOR CONTRACT NO. CL2003-32
STREET LIGHTING IMPROVEMENTS
VARIOUS LOCA nONS
THE CORPORATION OF THE MUNICIPALITY OF
CLARINGTON
TOTTEN SIMS HUBICKI ASSOCIATES
ENGINEERS, ARCHITECTS and PLANNERS
513 DIVISION STREET
COBOURG, ONTARIO. K9A5G6
Telephone: 905-372-2121 Fax: 905-372-3621
LANGLEY UTILITIES CONTRACTING LTD.
Name
Box 218. 159 Baseline Road East. Unit 2
BOWMANVILLE. Ontario LlC 3K9
Address (include Postal Code)
Teleuhone: (905) 623-8625 Fax: (905) 623-0735
Telephone and Fax Numbers
Mr. D. Shane Hastings
Name of Person Signing
President
Position of Person Signing
Mrs. Pattie Barrie, Clerk
Corporation of the Municipality of Clarington
Municipal Administration Centre
40 Temperance Street
BOWMANVILLE, Ontario. LlC 3A6
Page I of 7 Pages
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TENDER CONTRACT NO. CL2003-32
To: The Mayor and Members of Council
Corporation of the Municipality of Clarington
Re: Contract No. CL2003-32
Street Lighting Improvements
Various Locations
Dear Mayor and Members of Council:
The Contractor has carefully examined the Plans, Provisions, Specifications and Conditions described herein
as part of the work to be done under this Contract. The Contractor understands and accepts the said Plans,
Provisions, Specifications and Conditions, and, for the prices set forth in this Tender, hereby offers to furnish
all machinery, tools, apparatus and other means of construction, furnish all materials, except as otherwise
specified in the Contract, and to complete the work in strict accordance with the said Plans, Provisions,
Specifications and Conditions.
The Contractor understands and accepts that the quantities shown are approximate only, and are subject to
increase, decrease, or deletion entirely if found not to be required.
Attached to this tender is a bid deposit in the amount specified in Clause 3 of the Instructions to Tenderers,
made payable to the Authority. This cheque or bid bond shall constitute a deposit which shall be forfeited to
the Authority if the successful Contractor fails to file with the Authority a 100% Performance Bond, and a
100% Labour and Material Payment Bond, satisfactory to the Authority within ten (10) calendar days from the
date of receipt of Notice. of Acceptance of the Tender.
Notification of acceptance may be given and delivery of the form of Agreement made by prepaid post,
addressed to the Contractor at the address contained in this Tender.
Page 2 of 7 Pages
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ITEMIZED BID
CONTRACT NO. CL2003-32
In accordance with the first paragraph of this Tender, the Contractor hereby offers to complete the work specified
for Contract No. CL2003-32 for the following unit prices.
Spec. No. The numbers in this column refer to the applicable issue of the Ontario Provincial Standard Specifications
SP
(P)
Refers to Special Provisions
Plan Quantity Payment Item
PART A: Preslonvale Rd. Street Lighing. South of Bloor St. to South of Glen Abbey Dr., Courtice
Al, 604 Low Voltage Cables Aerial on m 3588 3.00
Messen er Cable, #2 A WG Co r
A2. 604 Steel Messenger Cable, Aerial, 9mm 1196 3.50
Luminaires (200W)
c/w Bracket Assemblies
a 2.4m
b 3.7m
Total Part A - (carried forward to Summar P e)
PART B: Intersection of Taunton Road (Reg. Rd. 4) aod Middle Road, North of Bowmanvllle
B1. 602 Electrical Handhole ea 2 450.00
SP (P)
B2. 603 50mm Rigid Ducts, Direct Buried m 49 47.00
B3. 603 50mm Rigid Ducts, By Subsurface 24 17.00
Installation
84. 609 Low voltage Cables, in Ducts, #8 A WG 184 3.00 552.00
Co r
B5. 609 Ground Wircs 73.00
a #6 AWG Insulated 73 1.00
b #6 AWG Bare 6 3.00 18.
B6_ 609 Ground Electrodes 4 77.00 308,
B7. 614 Supply 'B' and Connection 1 750.00 750.
SP
B8, 615 Wood Poles, Direct Buried in Earth 1.700.
a 12.5m ole 2 850.00
B9, 617 Luminaires (100W) and Bracket 3 500.00 1,500.
SP Assemblies 3. 7m P
Total Part B - (carried forward to Summa $8 512.
A3.
609 Ground Wires
a #6 A WG Insulated
b #6AWGBare
609 Ground Electrodes
M.
AS.
614
SP
617
SP
Supply' A' and Connection
A6.
1196
10
8
1.00
3.00
77.00
1
750.00
14
II
500.00
550.00
Page 3 of 7 Pages
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ITEMIZED BID
CONTRACT NO. CL2003-32
In accordance with the first paragraph of this Tender, the Contractor hereby offers to complete the work specified
for Contract No. C12003-32 for the following unit prices.
Spec. No. The numbers in this column refer to the applicable issue of the Ontario Provincial Standard Specifications
SP
(P)
Refers to Special Provisions
Plan Quantity Payment Item
Intersection of Taunton Road (Reg. Rd. 4) and SoUna Road, South of SoUna
604 Low Voltage Cables, Aerial on m 56 3.00
Messenger Cable, #8 A WG Copper (P)
C2, 604
Steel Messenger Cable, Aerial, 9rnm m 28 3.50
Ground Wires ea
a #6 A WG Insulated (P) 28 LOO
b #6 AWG Bare 4 3.00
Ground Electrodes ea 2 77.00
Supply 'C' and Connection I 750.00
C3, 609
C4, 609
C5, 614
SP
C6, 617 Luminaires (IOOW) ea
SP c/w Bracket Assemblies (P)
a 3.7m 2 500.00
Total Part C (carried forward to summa e)
PART D: Kendal Church Street, Street Lighting, Between Reg. Rd. 9 and Old Mill St., Kendal
DL 617 Luminaires (IOOW) and Bracket 2 600.00
SP Assemblies 204m
Total Part D (carried forward to summ e)
PART E: Inetersection of Golf Course Road and Hwy. 2, East of Newcastle
EL 602 Electrical Handhole I 450.00
SP
E2. 603 50rnm Rigid Ducts, Direct Buried 27 57.00
E3. 603 50rnm Rigid Ducts, By Subsurface m 11 27.00
Installation
E4. 604 Low Voltage Cables Aerial on m 64 3.00
Messen er Cable #8 A WG C er
ES, 604 Low voltage Cables, in Ducts, #8 A WG 76 3.00
C r
E6. 604 Steel Messenger Cable, Aerial, 9rnm 32 3.50
E7. 609 Ground Wires m
a #6 A WG Insulated (P) 70 LOO
b #6 AWG Bare 4 3.00
E8, 609 Ground Electrodes ea 3 77.00
E9. 614 Supply 'D' and Connection I 750,00
SP
EIO. 615 Wood Poles, Direct Buried in Earth
a 12.5m Ie 850.00
ElL 617 Luminaires (lOOW) and Bracket 500.00
SP Assemblies 3.7m
Total Part E - carried forward to Summ
Page 4 of 7 Pages
1,200.00
$1 200.00
450.
1,539.
297.
192.
228.
112,
70.
12,
231.
750.
850.
500.
$5 231.
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ITEMIZED BID
CONTRACT NO. CL2003-32
In accordance with the first paragraph of this Tender, the Contractor hereby offers to complete the work specified
for Contract No. CL2003-32 for the following unlt prices.
Spec. No. The numbers in this column refer to the applicable issue of the Ontario Provincial Standard Specifications
SP
(P)
Refers to Special Provisions
Plan Quantity Payment Item
PART F: Inertersection of Brownsville Road and Hwy. 2, East of Newcastle
FL 603 50nun Rigid Ducts. Direct Buried m 35 57.00
F2. 604 Low voltage Cables, in Ducts, #8 A WG 70 3.00
Co er
F3. 609 Ground Wires 35.00
a #6 AWG Insulated 35 l.OO
b #6 AWG Bare 9 3.00 27.00
F4, 609 Ground Electrodes 5 77.00 385.00
F5. 614 Supply 'E' & 'F' and Connection 2 750.00
SP
F6. 615 Wood Poles, Direct Buried in Earth
a 125m Ie 1 850.00
F7. 617 Luminaires (100W) and Bracket 2 500.00
SP Assemblies 3. 7m
Total Part E - (carried forward to Summ
SUMMARY,Total PART 'A' $30,592.
Total PART 'B' $8,512.00
Total PART 'C' $2,210.
Total PART 'D' $1,200.
Total PART 'E' $5,23l.00
Total PART 'F' $6,002.
Tenderer's GST Registration No. 133922807
P/29312/SpccslSigningDocs..Tf.llls
Page 5 of 7 Pages
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AGREEMENT TO BOND (to be completed bv Bondinl! Comoonv)
CONTRACT NO. CL2003-32
WE, the Undersigned, HEREBY AGREE to become bound as Surety for
LANGLEY UTILITIES CONTRACTING LTD.
in a Performance Bond totalling ONE HUNDRED PERCENT (100%) of the Total Tender amount, and a
Labour and Material Payment Bond totalling ONE HUNDRED PERCENT (100%) of the Total Tender
amount, and conforming to the Instruments of Contract attached hereto, for the full and due performance of the
works shown or described herein, if the Tender for Contract No.CL2003-32 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 Mississauga this 9th day of December 2003
Kingswav General Insurance Comoanv
Name of Bonding Company
W. Griffiths
Signature of Authorized Person
Signing for Bonding Company
(BONDING COMPANY SEAL)
Attornev-in-fact
Position
(This Form shall be completed and attached to the Tender Submitted),
Page 6 of 7 Pages
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SCHEDULE OF TENDER DATA
CONTRACTNO.CL2003~2
The work specified in the Contract shall be performed in strict accordance with the following Schedule:
A. TENDER FORM: General
Itemized Bid
Agreement to Bond
Schedule of Tender Data
Pages 1 and 2
Pages 3 to 5
Page 6
Page 7
B. STANDARD TERMS AND CONDITIONS
C. INSTRUCTIONS TO TENDERERS Pages 1 to 5
D. SPECIAL PROVISIONS - GENERAL Pages 1 to 9
E. SPECIAL PROVISIONS - TENDER ITEMS Pages 1 to 2
F. PLANS: Drawings No. E-l to E-8
G. STANDARD SPECIFICATIONS: It shall be the Contractor's responsibility to obtain the applicable
edition of the following Ontario Provincial Standard Specifications.
OPSS No. Date
OPSS No. Date
OPSS No. Date
OPSS No. Date
127 Current
128 Current
601 Mar. 1993
603 Mar. 1993
June 2002
Nov. 2001
614 Sept. 1984
617 Sept. 1984
604
609
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.
The bidder certifies that it has met all of its obligations to comply with the Provincial Retail Sales Tax
requirements, so that it is able to do business in Ontario.
Yes
x
No
By my/our signature hereunder, I/we hereby identify this as the Schedule of Tender Data, Plans and
Specifications, for Contract No. CL 003-32, xecuted by me/us bearing date the 10th day. of Decs;mber, 2003
and we have fully read I related d cum 0 tender data as listed above. -"." . ,-- . '-
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SIGNATURE
NAME OF FIRM:
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(COIlw.?\NY.sEAtj..' .
LANGLEY UTILmES CONTRACTING LTD.
POSITION:
PRESIDENT
This is Page 7 of 7 Pages to be submitted as the Tender Submission for Contract No. CL2003-32.
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CORPORATION OF THE MUNICIPALITY OF CLARINGTON
CONTRACT NO. CL2003-32
STANDARD TERMS AND CONDITIONS
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STANDARD TERMS AND CONDITIONS
The Municipality of Clarington's "Standard Terms and Conditions" shall apply to this Contract
except where noted below.
. Clause 8 of the "Standard Terms and conditions" shall be superceded by Clause 6,
"Payments' of the "Special Provisions - General" Section of the Contract.
. Clause 15 of the "Standard Terms and conditions" shall be superceded by Clause 1,
"Guaranteed Maintenance" of the "Special Provisions - General" Section of the
Contract
. Clause 16 of the "Standard Terms and Conditions" is not applicable to this Contract.
. Clause 23 of the "Standard Terms and Conditions" shall be superceded by Clause
6.03.02 of the OPS General Conditions of Contract (September 1999) which requires a
$5,000,000,00 liability coverage.
. Clause 26 of the "Standard Terms and Conditions" shall be superceded by Clause 14,
"Workplace Hazardous Materials Information System (WHMIS)".
P:\12.29312\Speca\CL-StandardTermsandCon.doc
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STANDARD TERMS AND CONDITIONS
1. DEFINITIONS
Municipality - The Corporation of the Municipality of Clarington, its successors and assigns.
Bidder - The person, firm or corporation submitting a bid to the Municipality.
Company - The person, contractor, firm or corporation to whom the Municipality has awarded the
contract, it successors and assigns,
Contract - The purchase order authorizing the company to perform the work, purchase order
alterations, the document and addenda, the bid, and surety.
Subcontractor - A person, firm or corporation having a contract with the company for, or any part of,
the work.
Document - The document(s) issued by the Municipality in response to which bids are invited to
perform the work in accordance with the specifications contained in the document.
Bid - An offer by a Bidder in response to the document issued by the Municipality.
Work - All labour, materials, products, articles, fixtures, services, supplies, and acts required to be
done, 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, Le. courier
envelopes or other coverings,
The bid must be signed by a designated signing officer of the Bidder.
If a joint bid is submitted, it must be signed on behalf of each of the Bidders.
The bid must be legible, written in ink, or typewritten. Any form of erasure, strikeout or over-writing
must be initialled by the Bidde~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 bidde~s list.
A bid received after the closing date and time will not be considered and will be returned, unopened,
Should a dispute arise from the terms and conditions of any part of the contract, regarding meaning,
intent or ambiguity, the decision of the Municipality shall be final.
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STANDARD TERMS AND CONDITIONS (continued)
3.
CONTRACT
The contract consists of the documents aforementioned.
The contract and portions thereof take precedence in the order in which they are named above,
notwtthstanding 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 tts bid shall be
requested through the Municipality's contact identified in the document. Any such clarification so
given shall not in any way alter the document and in no case shall oral arrangements be considered.
Every notice, advice or other communication pertaining thereto will be in the form of a written
addendum.
No officer, agent or employee of the Municipality is authorized to alter orally any portion of the
document.
5,
PROOF OF ABILllY
The bidder may be required to show, in terms of experience and facilities, evidence of its ability, as
well as that of any proposed subcontractor, to perform the work by the specified delivery date.
6.
DELIVERY
Unless otherwise stated, the work specified in the bid shall be delivered or completely performed by
the Company as soon as possible and in any event within the period set out herein as the
guaranteed period of delivery or completion after receipt of a purchase order therefor.
A detailed delivery ticket or piece tally, showing the exact quantity of goods, materials, articles or
equipment, shall accompany each delivery thereof. Receiving by a foreperson, storekeeper or other
such receiver shall not bind the Municipality to accept the work covered thereby, or the particulars of
the delivery ticket or piece tally thereof.
Work shall be subject to further inspection and approval by the Municipality.
The Company shall be responsible for arranging the work so that completion shall be as specified in
the contract.
Time shall be of the essence of the contract.
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STANDARD TERMS AND CONDITIONS (continued)
7.
PRICING
Prices shall be in Canadian Funds, quoted separately for each item stipulated, F.O.B. destination,
Prices shall be firm for the duration of the contract
Prices bid must include all incidental costs and the Company shall be deemed to be satisfied as to
the full requirements of the bid. No claims for extra work will be 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 Govemment of
Canada or the Province of Ontario become directly applicable to work specified in this document
subsequent to its submission by the Bidder and before the delivery of the work covered thereby
pursuant to a purchase order issued by the Municipality appropriate increase or decrease in the
price of work shall be made to compensate for such changes as of the effective date thereof.
8,
TERMS OF PAYMENT
Where required by the Construction Lien Act appropriate monies may be held back until 60 days
after the completion of the work.
Payments made hereunder, including final payment shall not relieve the company from its obligations
or liabilities under the contract,
Acceptance by the company of the final payment shall constitute a waiver of 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 w~hhold from any sum otherwise payable to the company
such amount as may be sufficient to remedy any defect or deficiency in the work, pending correction
of it
Payment may be made 30 days after delivery pursuant to the Bidder submitting an invoice, contract
requirements being completed and work being deemed satisfactory.
9.
PATENTS AND COPYRIGHTS
The company shall, at its expense, defend all claims, actions or proceedings against the Municipality
based on any allegations that the work or any part of the work constitutes an infringement of any
patent, copyright or other proprietary right and shall pay to the Municipality all costs, damages,
charges and expenses, including its lawyers' fees on a solicitor and his own client basis occasioned
to the Municipality by reason thereof.
The company shall pay all royalties and patent license fees required for the work.
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9.
10,
11.
12.
STANDARD TERMS AND CONDITIONS (continued)
PATENTS AND COPYRIGHTS- cont'd
If the work or any part thereof is in any action or proceeding held to constitute an infringement, the
company shall forthwith either secure for the Municipality the right to continue using the work or shall
at the company's expense, repiace the infringing work with non-infringing work or modify IT so that
the work no longer infringes,
ALTERNATES
Any opinion with regard to the use of a proposed alternate determined by the Municipality shall be
final. Any bid proposing an alternate will not be considered unless otherwise specified herein.
EQUIVALENCY
Any opinion determined by the Municipality with respect to equivalency shall be final.
ASSIGNMENT AND SUBCONTRACTING
The company shall not assign or subcontract the contract or any portion thereof 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 furnish 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,
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16.
17.
STANDARD TERMS AND CONDITIONS (continued)
BID ACCEPTANCE
The Municipality reserves the right to award by item, or part thereof, groups of items, or parts
thereof, or all items of the bids and to award contracts to one or more bidders submitting identical
bids as to price; to accept or reject any bids in whole or in part; to waive irregularities and omissions,
if in so doing, the best interests of the Municipality will be served. No liability shall accrue to the
Municipality for its decision in this regard.
Bids shall be irrevocable for 90 days after the official closing time.
The placing in the mail or delivery to the Bidde~s shown address given in the bid of a notice of award
to a bidder by the Municipality shall constitute notice of acceptance of contract by the Municipality to
the extent described in the notice of award.
DEFAULT BY COMPANY
a. If the company: commits any act of bankruptcy; or if a receiver is appointed on account of its
insolvency or in respect of any of its property; or if the company makes a general
assignment for the benefit of its creditors; then, in any such case, the Municipality may,
without notice: terminate the contract
b. If the company: fails to comply with any request, instruction or order of the Municipality; or
fails to pay its accounts; or fails to comply with or persistently disregard statutes, regulations,
by-laws or directives of relevant authorities relating to the work; or fails to prosecute the work
with skill and diligence; or assigns or sublets the contract or any portion thereof without the
Municipality's prior written consent; or refuses to correct defective work; or is otherwise in
default in carrying out its part of any of the terms, conditions and obligations of the contract,
then, in any such case, the Municipality may, upon expiration of ten days from the date of
written notice to the company, terminate the contract
c. Any termination of the contract by the Municipality, as aforesaid, shall be without prejudice to
any other rights or remedies the Municipality may have and without incurring any liability
whatsoever in respect thereto.
d, 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 defautt (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.
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19,
20.
21.
22.
STANDARD TERMS AND CONDITIONS (continued)
QUANTITIES
Unless otherwise specified herein, quantities are shown as approximate, are not 9uaranteed to be
accurate, are fumished without any liability on behalf of the Municipality and shall be used as a basis
for comparison only,
Payment will be by the unit complete at the bid price on actual quantities deemed acceptable by the
Municipality.
SAMPLES
Upon request, samples must be submitted strictly in accordance with instructions. If samples are
requested subsequent to opening of bids, they shall be delivered within three (3) working days
following such request, unless additional time is granted. Samples must be submitted free of charge
and will be retumed at the bidder's expense, upon reques~ 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.
SURETY
The successful tenderer shall, if the Municipality in its absolute discretion so desires, be required to
satisfy surety requirements by providing a deposit in the form of a certified cheque, bank draft or
money order or other form of surety, in an amount determined by the Municipality. This surety may
be held by the Municipality until 60 days after the day on which all work covered by the contract has
been completed and accepted. The surety may be retumed before the 60 days have elapsed
providing satisfactory evidence is provided that all liabilities incurred by the company in carrying out
the work have expired or have been satisfied and that a Certificate of Clearance from the (WSIB)
Workplace Safety and Insurance Board Board has been received,
The company shall, if the Municipality in its absolute discretion so desires, be required to satisfy
fidelity bonding requirements by providing such bonding in an amount and form determined by the
Municipality.
Failure to fumish required surety within two weeks from date of request thereof by the Municipality
shall make the award of the Contract by the Municipality subject to withdrawal.
WORKPLACE SAFETY AND INSURANCE BOARD
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
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23.
24.
25.
26.
STANDARD TERMS AND CONDITIONS (continued)
INSURANCE
The company shall maintain and pay for Comprehensive General Liability insurance including
premises and all operations, This insurance coverage shall be subject to limits of not less than
$3,000,000.00 inclusive per occurrence for third party Bodily Injury and Property Damage or such
other coverage or amount as may be requested.
The policy shall include the Municipality as an additional insured in respect of all operations
performed by or on behalf of the Company. A certified copy of such policy or certificate shall be
provided to the respective participant prior to commencement of the work. Further certified copies
shall be provided upon request.
LIABILITY
The company agrees to defend, fully indemnify and save hannless the Municipality from all actions,
suits, claims, demands, losses, costs, charges and expenses whatsoever for all damage or injury
Including death to any person and all damage to any property which may arise directly or indirectly
by reason of a requirement of the contract, save and except for damage caused by the negligence of
the Municipality or its employees,
The Company agrees to defend, fully indemnify and save harmless the Municipality from any and all
charges, fines, penalties and costs that may be incurred or paid by the Municipality if the Municipality
or any of its employees shall be made a party to any charge under the Occupational Health and
Safety Act in relation to any violation of the Act arising out of this contract.
VISITING THE SITE
The Company shall carefully examine the s~e and existing building and services affecting the proper
execution of the work, and obtain a clear and comprehensive knowledge of the existing conditions.
No claim for extra payment will be allowed for work or difficulties encountered due to conditions of
the site which were visible or reasonably inferable, prior to the date of submission of Tenders.
Bidders shall accept sole responsibility for any error or neglect on their part in this respect.
SAFETY
The Company shall obey all Federal, Provincial and Municipal Laws, Act, Ordinances, Regulations,
Orders-in-Council and By-laws, which could in any way pertain to the work outlined in the Contract or
to the Employees of the Company, Without limiting the generality of the foregoing, the Company
shall satisfy all statutory requirements imposed by the Occupational Health and Safety Act and
Regulations made thereunder, on a contractor, a Constructor and/or Employer with respect to or
arising out of the performance of the Company's obligations under this Contract,
The Company shall be aware of and conform to all goveming regulations including those established
by the Municipality relating to employee heatth 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.
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29.
30.
31.
27,
STANDARD TERMS AND CONDITIONS (continued)
UNPAID ACCOUNTS
The company shall indemnify the Municipality from all claims arising out of unpaid accounts relating
to the work. The Municipality shall have the right at any time to require satisfactory evidence that the
work in respect of which any payment has been made or is to be made by the Municipality is free
and clear of liens, attachments, claims, demands, charges or other encumbrances.
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
estabiished by the Municipality,
CHANGES IN THE WORK
The Municipality may, without invalidating the contract, direct the Company to make changes to the
work. When a change causes an increase or decrease in the work, the contract price shall be
increased or decreased by the application of unit prices to the quantum of such increase or
decrease, or in the absence of applicable unit prices, by an amount to be agreed upon between the
Municipality and the Company. All such changes shall be in writing and approved by the
Municipality.
CONFLICT OF INTEREST
No employee or member of Council of the Municipality shall sell goods or services to the Municipality
in accordance with the Municipality of Clarington Policy or have a direct or indirect interest in a
Company or own a Company which sells goods or services to the Municipality.
MUNICIPAL FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY ACT (MFIPPAl
All correspondence, documentation, and information provided to staff of the Municipality of
Clarington by every offerer, including the submission of proposals, shall become the property of the
Municipality, and as such, is subject to the Municipal Freedom of Information and Protection of
Privacy Act, and may be subject to release pursuant to the Act.
Offerers are reminded to identify in their proposal material any specific scientific, technical,
commercial, proprietary, or similar confidential information, the disclosure of which could cause them
injury. Complete proposals are not to be identified as confidential.
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P: \ 12-29312\Spc:cs\20027 -IT .doc
CORPORATION OF
THE MUNICIPALITY OF CLARINGTON
CONTRACT NO. CL2003-32
INSTRUCTIONS TO TENDERERS
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CLAUSE
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15,
16.
17.
18.
INDEX
INSTRUCTIONS TO TENDERERS
CONTRACT NO. CL2003-32
SUBJECT
PAGE
GENERAL ....", .....,.,......,..".., ,.........."". ..", ,."" ...,..........., .....,." ,....., .... '...., ...........1
BLANK FORM OF TENDER..........................................,.......................................... 1
TENDER DEPOSITS.................."...".....",........................""..................,................ 1
BONDS......"...........................,.",.........................,........................................,.,..., 2
RIGHT TO ACCEPT OR REJECT TENDERS .....................................,..........................2
UNACCEPTABLE TENDERS ......... ..............,...........,.................,.............................. 2
ABILITY AND EXPERIENCE OF TENDERER.............................,...............,................2
PROVINCIAL SALES TAX,., ... ...............,...... '.",..... '.,........ .......... ,............................2
GOODS AND SERVICES TAX (GST) .........................................................................3
EXECUTE CONTRACT DOCUMENTS........ ....................... .... .....................................3
COMMENCEMENT OF WORK............ ..... ........................... ..........................,...... ..... 3
LOCATION............................ ........"..............................................,.................... ...3
TENDERERS TO INVESTIGATE.. ... ..............."...........,.................,............................ 4
INQUIRIES DURING TENDERING............................... ............................ ..................4
DEFINITION OF OWNER/AUTHORITY AND ENGINEER/CONTRACTADMINISTRATOR...4
ADDENDA....... ..... ........... ..................,....... ........... ...............................,....,...........4
UTILITIES............",......................."".,....,.......,...................."".......,.....,....... .....,,4
TENDER OPENING MEETING...................",...........,.. ...,...........,.............."..............5
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PAGE ONE
INSTRUCTIONS TO TENDERERS
CONTRACT NO. CL2003-32
1.
GENERAL
SEALED Tenders plainly marked "Contract No. CL2003-32 " will be received until:
2:00:00 P.M., Local Time, Friday December 12th, 2003
and shall be addressed to:
Mrs. Patti Barrie, Clerk
The Municipality of Clarington
Municipal Building, 40 Temperance Street
BOWMANVILLE, Ontario. LiC 3A6
2.
BLANK FORM OF TENDER
One copy of the Tender, on the forms provided, shall be submitted. All information requested
shall be shown in the tender, in the space provided.
3.
TENDER DEPOSITS
All tenders shall be accompanied by a certified cheque or a bid bond in the minimum amount
defined below, made payable to the Authority, as a guarantee for the execution of the Contract.
$ 20,000.00 or less
20,000.01 to 50,000.00
50,000.01 to 100,000.00
100,000.01 to 250,000.00
250,000.01 to 500,000.00
500,000.01 to 1,000,000.00
1,000,000.01 to 2,000,000.00
2,000,000.01 and over
$1,000.00
2,000.00
5,000.00
10,000.00
25,000.00
50,000.00
100,000.00
200,000.00
All deposits will be returned within ten days after the Tenders have been opened except those
which the Authority elects to retain until the successful tenderer has executed the Contract
Documents.
The retained tender deposits will be returned when the successful Tenderer has fully complied
with the conditions outlined in the Contract Documents.
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INSTRUCTIONS TO TENDERERS
CONTRACT NO. CL2003-32
2.
4. BONDS
The Contractor is required to provide a Performance Bond, and a Labour and Material
Payment Bond, each in an amount equal to 100 percent of the Total Tender Amount, to
guarantee his faithful performance of this Contract and his fulfillment of all obligations in
respect of maintenance and payment for labour and materials used on this work.
Each Bond shall be with a satisfactory Guarantee Surety Company, resident in Canada or
authorized to carry on business in Canada.
An Agreement to Bond must be submitted with the tender bid. Bonding company standard
"Agreement to Bond" forms are acceptable.
5. RIGHT TO ACCEPT OR REJECT TENDERS
The Authority reserves the right to reject any or all tenders or to accept any tender should it be
deemed to be in its best interest to do so.
Tenders which are incomplete, conditional or obscure, or which contain additions not called
for, erasures, alterations, or irregularities of any kind, may be rejected as informal.
Tenders will not be accepted unless submitted in the envelopes provided.
6. UNACCEPTABLE TENDERS
Each item in the Tender Form shall include a reasonable price for such item. Under no
circumstances will an unbalanced tender be considered. The Authority and the Contract
Administrator will be the sole judge of such matters, and should any tender be considered to be
unbalanced, then it will be rejected by the Authority.
7. ABILITY AND EXPERIENCE OF TENDERER
The Authority reserves the right to reject any tender where satisfactory evidence of sufficient
capital, plant and experience to successfully prosecute and complete the work in the specified
time, is not furnished by the Tenderer.
8. PROVINClALSALESTAX
Provincial Retail Sales Tax shall be included in tendered prices for material supplied under this
Contract.
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INSTRUCTIONS TO TENDERERS
CONTRACT NO. CL2003-32
3.
9. GOODS AND SERVICES TAX (GST)
The Tenderer shall NOT include any amount in his tender unit prices for the Goods and
Services Tax. The GST will be shown on each payment certificate and will be paid to the
Contractor in addition to the amount certified for payment and will therefore not affect the
Contract unit prices.
10. EXECUTE CONTRACT DOCUMENTS
Tenders shall be open for acceptance for a period of 30 days after the closing date. After this
time the tender may only be accepted with the consent of the successful Tenderer.
The successful Tenderer shall execute the Contract Documents and furnish the required bonds
within 10 calendar days of receipt of notification of Acceptance of Tender.
Failure by the successful Tenderer to meet the above requirements will entitle the Authority to
cancel the award of the Contract and to retain the tender deposit as compensation for damages
sustained due to the successful Tenderer's default. The Authority may then award the Contract
to one of the other Tenderers or take such other action as it chooses.
11. COMMENCEMENT OF WORK
The successful Tenderer shall commence work at the site within 7 calendar days of the official
commencement date as specified in the written order issued in accordance with GC7.01.02 of
the General Conditions.
12. LOCATION
The work is located at the following locations throughout the Municipality of Clarington as
noted below:
Part A: Prestonvale Road - from 700 m south of Bloor St. to 66 m south of Glen Abbey Dr.,
Courtice
Part B: Intersection of Taunton Road (Reg. Rd. 4) and Middle Road, North of Bowmanville
Part C: Intersection of Taunton Road (Reg. Rd. 4) and Solina Road, South of Solina
Part 0: Kendal Church Street - Old Mill St. to Reg, Rd. 9, Kendal
Part E: Intersection of Hwy. 2 and Golf Course Road, East of Newcastle
Part F: Intersection of Hwy. 2 and Brownsville Road, East of Newcastle
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INSTRUCTIONS TO TENDERERS
CONTRACT NO. CL2003-32
4.
13. TENDERERS TO INVESTIGATE
Tenderers must satisfy themselves by personal examination of the site and by such other means
as they may prefer as to the actual conditions and requirements of the work.
The Tenderer shall carefully examine all plans and profiles so that the unit prices tendered are
commensurate with the nature of the work.
It shall be the Contractor's responsibility to thoroughly inspect the site of the proposed works,
determine the location of any buried or obstructing services and make satisfactory arrangements
for interference with such service with the proper jurisdictional agency.
14. INQillRIES 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:
Ron Albright, P.Eng.
15. DEFINITION OF OWNER/AUTHORITY AND
ENGINEER/CONTRACTADMINISTRATOR
Wherever the word "Owner" or "Authority" or "Corporation" appears in this Contract, it shall
be interpreted as meaning the Corporation of the Municipality of Clarington.
Wherever the word "Ministry", "M.T.C." or "M.T.O" appears it shall be deemed to mean the
"Ministry of Transportation, Ontario" or the "Corporation of the Municipality of Clarington.
Wherever the word "Contract Administrator" or "Engineer" appears in this Contract it shall be
deemed to mean the Consultants, Totten Sims Hubicki Associates, or such other officers, as
may be authorized by the Authority to act in any particular capacity.
16. ADDENDA
The Contractor shall ensure that all addenda issued during the tendering period are attached as
part of the submitted bid. Failure to do so will result in disqualification of the bid,
17. UTILITIES
For additional information regarding existing utilities the Contractor may contact the following
personnel:
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INSTRUCTIONS TO TENDERERS
CONTRACT NO. CL2003-32
5.
Hydro One
Mr. Scott Goodhand/Mr. Jim Hisson
40 Olympic Drive
DUNDAS, Ontario L9H 7P5
Telephone: (905) 623-1071
Extension: 3335/3318
Enbridge Conswners Gas
Mr. Frank Cholewa
500 Elgin Mills Road
RICHMOND HILL, Ontario. lAC 5Gl
Telephone: 1-800-361-0621
Extension: 2672
Bell Canada
Ms. Lynne Tindall
Co-ordinator Access Network Provisioning
Fir. 2N, 55 Athol St. E,
OSHAWA, Ontario. LlH 118
Telephone: (905) 433-3847
Rogers Cable T.V. Limited
Ms. Cindy Ward
301 Marwood Drive
OSHAWA, Ontario, LlH 114
Telephone: (905) 436-4138
18. TENDER OPENING MEETING
The tender opening meeting is scheduled to take place at 2:15:00 P.M. after the closing time
and date in Meeting Room No.1, Main Floor, 40 Temperance Street, Bowmanville, Ontario
and interested bidders are invited to attend.
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P:\ 12-29312\SpeclI\20028-SPG .doc
CORPORATION OF
THE MUNICIPALITY OF CLARINGTON
CONTRACT NO. CL2003-32
SPECIAL PROVISIONS - GENERAL
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INDEX
SPECIAL PROVISIONS-GENERAL
CONTRACT NO. CL2003-32
1. GUARANTEED MAINTENANCE ............................................................................1
2. CONTRACT TIME AND LIQUIDATED DAMAGES ...................................................1
3. CONTRACTOR'S AUTHORIZED REPRESENTATIVE............................................... 2
4. OPS GENERAL CONDITIONS................................,............................................... 2
5. LAYOUT. ......... .................. ...................... ............ ..................................... .......... 2
6. P A Yl\ffiNTS ...... ........... ....... ....................... ............. ......... ...... .............................. 3
7. UTILITIES ............... .... ......... ..............................................................................3
8. ROAD OCCUPANCY ............................................................................................4
9. TRAFFIC CONTROL, FLAGGING..........................................................................4
10. CONTRACTOR'S SUPPLY OF CONSTRUCTION SIGNS.......................................... 4
11. EMERGENCY AND MAINTENANCE MEASURES .................................................. 5
12. ENGINEERING FIELD OFFICE ........................................................................... 5
13. MANAGEMENT AND DISPOSAL OF EXCESS MATERIAL...................................... 5
14. WORKPLACE HAZARDOUS MATERIAL INFORMATION SYSTEM (WHMIS)...........6
15. SPILLS REPORTING . ............................................................. ............................6
16. PROTECTION OF WATER QUALITY ...................................................................6
17. ENTRY ONTO PRIVATE PROPERTy................................................................... 7
18. STORAGE AREAS ...................... ........................................................................ 7
19. CONSTRUCTION LffiN ACT ............................................................................... 7
20. PROPERTY OWNER'S RELEASE OF PRIVATELY OWNED LAND USED BY THE
CONTRACTOR ..................................................................................................9
21. SCHEDULE (C) CONTRACTOR SAFETY - POLICY AND PROCEDURE
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PAGE ONE
SPECIAL PROVISIONS - GENERAL
CONTRACT NO. CL2003-32
1.
GUARANTEED MAINTENANCE
Section GC7,l5.02 of the General Conditions is revised in that the Contractor shall guarantee and
maintain the entire work called for under this Contract for a period of twenty-four (24) months.
The Contractor shall make good in a permanent manner, satisfactory to the Authority, any and all
defects or deficiencies in the work, both during the construction and during the period of
maintenance as aforesaid. The Contractor shall commence repairs on any work identified as
defective under this clause within 48 hours of receipt of notice from the Authority or the Contract
Administrator.
The decision of the Authority and the Contract Administrator shall be fmal as to the necessity for
repairs or for any work to be done under this Section.
2.
CONTRACT TIME AND LIQUIDATED DAMAGES
(1) Time
Time shall be the essence of this Contract
For purposes of this Contract, GC1.04 of the General Conditions is revised, in that Contract
Time means the time stipulated herein for Completion of the Work as defmed in Clause
GC1.06.
(2) Progress of the Work and Contract Time
The Contractor shall accomplish completion of this Contract as defmed in GCl.06 of the
General Conditions on or before April 30, 2004.
~
If the contract time above specified is not sufficient to pennit completion of the work by the
Contractor working a normal number of hours each day or week on a single daylight shift
basis, it is expected that additional and/or augmented daylight shifts will be required
throughout the life of the contract to the extent deemed necessary by the Contractor to insure
that the work will be completed within the contract time specified. Any additional costs
occasioned by compliance with these provisions will be considered to be included in the
prices bid for the various items of work and no additional compensation will be allowed
therefor.
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SPECIAL PROVISIONS - GENERAL
CONTRACT NO. CL2003-32
2.
(3) Liquidated Damages
It is agreed by the parties to the contract that in case all the work called for under the contract
is not completed by the date specified, or as extended in accordance with Section GC3.07 of
the General Conditions, a loss or damage will be sustained by the Authority. Since it is and
will be impracticable and extremely difficult to ascertain and determine the actual loss or
damage which the Authority will suffer in the event of and by reason of such delay, the
parties hereto agree that the Contractor will pay to the Authority the sum of Four hundred
dollars ($400.00) as liquidated damages for each and every calendar day's delay in achieving
completion of the work beyond the date prescribed. It is agreed that this amount is an
estimate of the actual loss or damage to the Authority which will accrue during the period in
excess of the prescribed date for completion.
The Authority may deduct any amount under this paragraph from any moneys that may be
due or payable to the Contractor on any account whatsoever. The liquidated damages payable
under this paragraph are in addition to and without prejudice to any other remedy, action or
other alternative that may be available to the Authority.
3. CONTRACTOR'S AUTHORIZED REPRESENTATIVE
Authorized representative as referenced in GC7.01.09 is defmed as an employee of the
Contractor.
4. OPS GENERAL CONDITIONS
Wherever in this Contract reference is made to the General Conditions, it shall be interpreted as
meaning the OPS General Conditions of Contract, September 1999.
5. LAYOUT
Section GC7.02, Layout, is hereby revised by the deletion of Parts 03), 04), 05), and 06), and by
the addition of the following:
The Contract Administrator shall lay out and establish the primary aligmnent and grade controls
necessary for construction. The Contractor shall provide the Contract Administrator with
sufficient advance notice of his requirements to permit appropriate scheduling of the layout work.
The layout performed by the Contract Administrator shall be sufficient to permit construction of
the work by the Contractor in compliance with the Contract Documents, but shall not relieve the
Contractor of his responsibility for the provision of qualified personnel and normal tools of the
trade, as necessary for the transfer or setting of the secondary lines and grades from the primary
controls provided. Tools of the trade are interpreted to include but not necessarily be limited to
hand and line levels, boning rods, tape measures, lasers, etc.
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SPECIAL PROVISIONS - GENERAL
CONTRACT NO. CL2003-32
3.
6. PAYMENTS
Except as herein provided, payments under this Contract will be made in accordance with Section
GC8. 02.03 of the General Conditions.
Notwithstanding the provisions of the General Conditions respecting certification and payment,
the Authority may withhold 2-1/2 percent of the total value of work performed beyond the
expiration of 46 days from the date of publication of the Certificate of Substantial Performance, to
enable the Contract Administrator to produce the fmal detailed statement of the value of all work
done and material furnished under the Contract. As a condition of holdback reduction from 10 %
to 2-1/2 %, the Contractor shall supply a Statutory Declaration as defmed in GC8.02.03.07 03)(b)
and advertise the Certificate of Substantial Performance per GC8.02.03.04(03).
The Completion Payment Certificate to include statutory holdback release, will be issued within
120 days after the date for completion as specified under GC1.06. 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.
7. UTILITIES
Sections GC2.01 and GC7, 1202) of the General Conditions are deleted in their entirety and are
replaced by the following:
The Contractor shall be responsible for the protection of all utilities at the job site during the time
of construction.
The Authority will be responsible for the relocation of utilities where required. However, no
claims will be considered which are based on delays or inconvenience resulting from the
relocation not being completed before the start of this Contract.
The location and depth of underground utilities shown on the Contract drawings, are based on the
investigations made by the Authority. It is, however, the Contractor's responsibility to contact
the appropriate agencies for further information in regard to the exact location of all utilities, to
exercise the necessary care in construction operations and to take such other precautions as are
necessary to safeguard the utilities from damage,
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SPECIAL PROVISIONS - GENERAL
CONTRACT NO. CL2003-32
4.
8. ROAD OCCUPANCY
The Contractor will be required to take out road occupancy permits with the Municipality of
Clarington (all locations) and the Region of Durham (Parts B, C, E and F),
9. TRAFFIC CONTROL, FLAGGING
Flagging for traffic control on this Contract shall be in conformance with the procedure outlined
in OTM Book 7 (Ontario Traffic Manual).
Each flagman shall, while controlling traffic, wear the following:
(i) an approved fluorescent blaze orange or fluorescent red safety vest, and
(ii) an approved fluorescent blaze orange or fluorescent red armband on each arm, and
(ill) an approved fluorescent blaze orange or fluorescent red hat.
(iv) The Contrator will be required to provide a detailed traffic control plan at least 2 weeks
prior to commencing work. This plan will be subject to the approval of the Region of
Durham for sites B, C, E and F as Hwy 2 and Taunton Road (Reg. Rd. 4) are under their
jurisdiction.
10. 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 OTM Book 7.
As a minimum requirement and without restricting the Contract Administrator or the Authority in
requiring further controls, the following signs shall be supplied at each site:
TC-I
TC-4IA
TC-4IB
CONSTRUCTION
CONSTRUCTION ZONE BEGINS
CONSTRUCTION ZONE ENDS
4
4
4
Traffic controls shall be operational before work affecting traffic begins.
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SPECIAL PROVISIONS - GENERAL
CONTRACT NO. CL2003-32
5.
11. 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.
12. ENGINEERING FIELD OFFICE
A separate field office for the Contract Administrator will not be required on this Contract. The
Contractor shall, however, permit the Contract Administrator to make use of his office
accommodation and other facilities as required, and at no extra cost to the Authority.
13. MANAGEMENT AND DISPOSAL OF EXCESS MATERIAL
The requirements of OPSS 180 shall apply to this Contract, revised as follows:
.1 Section 180.03, Defmitions, shall be amended by the addition of the following:
Work area: means the road allowance, right-of-way, and property with a boundary common
to the road allowance or right-of-way within the Contract limits.
.2 Subsection 180.07.02, Conditions on Management by Re-Use, shall be amended by the
addition of the following:
Recycled hot mix asphalt or excess bituminous pavement shall not be used as trench backfill
or bedding,
The Contractor shall be responsible for obtaining a copy of applicable Form Nos. OPSF 1800,
OPSF 1801, OPSF 1803 and OPSF 1805 for use where appropriate with respect to disposal of
excess material.
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SPECIAL PROVISIONS - GENERAL
CONTRACT NO. CL2003-32
6.
14. WORKPLACE HAZARDOUS MATERIAL INFORMA TlON SYSTEM (WHMIS)
Reporting
Section GC4.03.06 is deleted and replaced with the following:
Prior to the commencement of work the Contractor shall provide, to the Contract Administrator,
a list of those products controlled under WHMIS which he expects to use on this Contract.
Related Material Safety Data Sheets shall accompany the submission, All containers used in the
application of products controlled under WHMIS shall be labelled.
The Contractor shall notify the Contract Administrator of changes to the list in writing and
provide the relevant Material Safety Data Sheets.
15. 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 dermed in the
Envirorunental 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 transfonners 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.
16. PROTECTlON OF WATER QUALITY
At all times, the Contractor shall maintain existing stream flows and shall control all construction
work so as not to allow sediment or other deleterious materials to enter streams.
No waste or surplus organic material including topsoil is to be stored or disposed of within
30 metres of any watercourses. Run-off from excavation piles will not be pennitted to drain
directly into watercourses but shall be diffused onto vegetative areas a minimum of 30 metres
from the watercourse. Where this measure is not sufficient or feasible to control sediment
entering the watercourses, sedimentation traps or geotextile coverage will be required.
If dewatering is required, the water shall be pumped into a sedimentation pond or diffused onto
vegetated areas a minimum of 30 metres from the watercourses and not pumped directly into the
watercourses.
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SPECIAL PROVISIONS - GENERAL
CONTRACT NO, CL2003-32
7.
No machinery shall enter the creek bed of any watercourse. Movement of construction
equipment in the vicinity of any creeks shall be limited to the minimum required for construction.
The Contractor shall not carry out equipment maintenance or refuelling or store fuel containers
within 100 metres of any watercourse. The Contractor shall not stockpile construction debris or
empty fuel/pesticide containers within the Contract limits.
17. 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.
18. STORAGE AREAS
Clause GC3. 06.0 I 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.
19. CONSTRUCTION LIEN ACT
The Contractor shall give the Authority notice in writing, immediately, of a1llien claims or
potential lien claims coming to the knowledge of the Contractor or his agents.
When a claim for lien is filed by a Subcontractor, labour or material supplier or equipment renter
acting under the Contractor, and proceedings are commenced by the Authority to vacate the lien,
the Contractor agrees and shall forthwith pay to the Authority, in addition to their reasonable
legal fees therefore, all interest costs and expenses incurred by the Authority and an additional
sum equal to ten percent (10 %) of the sum found to be owing as liquidated damages, and such
remedy shall be in addition to any other remedy available to the Authority under the Contract
Documents.
Where any lien claimant asks from the Authority the production for inspection of the Contract
Documents or the state of the accounts between the Authority and the Contractor, the Contractor
shall be liable for an administration fee of Two Hundred Dollars ($200.00) for each request made
as compensation for the preparation of such accounting or for the preparation of the Contract, or
both, as the case may be, and the Contractor acknowledges that such administrative fee shall be
properly deductible, if the Authority should so choose, from monies otherwise payable to the
Contractor under the terms of the Contract Documents,
Where an application is brought to a judge of a competent jurisdiction to compel production of
any particular document to a lien claimant, the Contractor further agrees to indemnify the
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SPECIAL PROVISIONS - GENERAL
CONTRACT NO. CL2003-32
8.
Authority from reasonable legal fees incurred in appearing on such an application and in addition
agrees to pay to the Authority its reasonable costs incurred in producing such documents to the
extent that the same is made necessary under the disposition of the matter by such judge, and the
Contractor further agrees that such reasonable costs and fees incurred by the Authority as stated
herein may be properly deductible from monies otherwise payable to the Contractor under the
terms of the Contract Documents,
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SPECIAL PROVISIONS - GENERAL
CONTRACT NO. CL2003-32
9.
20. PROPERTY OWNER'S RELEASE OF PRIVATELY OWNED LAND USED BY THE
CONTRACTOR
Upon completion of the Contract, the Contractor shall provide the Authority with two (2) copies
of a form of release signed by each property owner, upon whose land he has entered for purposes
associated with the Contractor's operations but not for the purpose of undertaking works
stipulated in the Contract:
Date .......................
To: Mr. A..S. Cannella, C.E.T.
Director of Engineering Services
40 Temperance Street
BOWMANVILLE, Ontario. LlA 3A6
Re: Contract No. CL2003-32
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 fmal 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.
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SCHEDULE (C)
CONTRACTOR SAFETY
POLICY AND PROCEDURE Continued...
HEALTH AND SAFETY PRACTICE FORM
To Contractor(s):
The Municipality of Clarington is committed to a healthy and safe working environment for all
workers. To ensure the Municipal workplace is a healthy and safe working environment,
contractors, constructors and subcontractors must have knowledge of and operate in
compliance with the Occupational Health and Safety Act and any other legislation pertaining to
employee health and safety.
I n order to evaluate your company's health and safety experience, please provide the
accidenUincident and/or Workplace Safety Insurance Board (WSIB) information noted below,
where applicable.
. The New Experimental Experience Rating (NEER)
- The WSIB experience rating system for non-construction rate groups
. The Council Amended Draft #7 (CAD-7) Rating
- The WSIB experience rating system for construction rate groups
..................................................................... ..
. Injury frequency performance for the last two years
- This may be available from the contractor's trade association.
.......................................................................
. Has the contractor received any Ministry of Labour wamings or orders in the last two
years? (If the answer is yes, please include the infraction).
. Confirmation of Independent Operator Status
- The WSIB independent operator number assigned:
(Bidders to include the letter confirming this status and number from WSIB with
their bid submission).
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SCHEDULE (C)
CONTRACTOR SAFETY
POLICY AND PROCEDURE Continued...
CONTRACTOR'S STATEMENT OF RESPONSIBILITY
As a contractor working for the Municipality of Clarington, IIwe will comply with all
procedures and requirements of the Occupational Health and Safety Act, Municipal
safety policies, department and site specific polices 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, its subcontractors and their employees act
safely and comply with all aspects with the Act.
3. The contractor/successful tenderer shall rectify any unsafe act or practice and
any non-compliance with the Act at its expense immediately upon being notified
by any person of the existence of such act, practice or non-compliance,
4. The contractor/successful tenderer shall permit representatives of the
Municipality and the Health and Safety Committee on the site at any time or
times for the purpose of inspection to determine compliance with this
contractltender.
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.
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SCHEDULE (D)
CONTRACTOR SAFETY
POLICY AND PROCEDURE Continued...
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;
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 contractltender.
Contractor
Name of Person Signing for Contractor
Signature of Contractor Date
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P: \I2-29312\Spec5\20029-SP. TI.doc
CORPORATION OF
THE MUNICIPALITY OF CLARINGTON
CONTRACT NO. CL2003-32
SPECIAL PROVISIONS - TENDER ITEMS
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PAGE ONE
SPECIAL PROVISIONS - TENDER ITEMS
CONTRACT NO. CL2003-32
1. ILLUMINATION
Payment at the contract unit prices shall be compensation in full for all labour, equipment and material to
do all work as outlined in the Form of Tender in accordance with OPSS and OPSD as noted. All work
performed shall be subject to the approval by the Municipality of Clarington. Utility locates to be
obtained by contractor. All inspection and certification fees are to be paid by the Contractor.
OPSS 60 I applies to all electrical work.
Electrical Handholes - Item No. Bl AND El
Reference:
OPSS 601, 602 and Contract Drawings
OPSD 2112.02 and MTOD-2117.02
Amendment to OPSS 602, March 1993
602.07.02.03 Backfill
Subsection 602.07.02.04 of OPSS 602 is amended in that the subsection number at the end of the
sentence of the first paragraph is changed from 602.07.01.11 to 602.07.01.10.
SUDDlv and Connections - Item No. AS , B7, CS, E9 and FS
Reference:
OPSS 614
ESK-I
Section 614.05.03 is deleted in its entirety and replaced with the following:
The Supply Control Cabinet" A" and "B" shall be a load centre by square D, Model CQO 18MI 00RB60 or
an approved equal complete with top entry hubs.
The Contractor shall supply circuit breakers at supply locations "A" and "B" as follows:
I
2 Pole - common trip circuit breaker, Square D Catalogue No. QOM60VHL (60amp).
This shall be used as the main circuit breaker.
30 amp single pole breaker for the illumination circuit for Supply Cabinet" A"
8
4
30 amp single pole breaker for the illumination circuit for Supply Cabinet "B"
The Supply "C", "D", "E", and "F" shall be a weatherproof enclosed disconnect breaker as supplied by
Square D, Model EHB I 25NRB NEMA Type 3R complete with 1-30 amps breakers or an approved equal.
Section 614.07.02 is amended by the addition ofthe following:
The Contractor shall leave sufficient wire coiled, ducts, etc. for Hydro One to make final connections.
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SPECIAL PROVISIONS - TENDER ITEMS
CONTRACT NO. CL2003-32
2.
The Contractor shall contact the Hydro One two weeks before the power to the service is required and
request a "Service Layout". The Contractor will meet the Hydro One representative on site and
coordinate the requirements to complete the services.
Hydro One Representative:
Mr. Scott Goodhand
1-(800) 337-8422 Ext. 3335
It will also be the Contractor's responsibility to obtain an "Inspection Clearance" from the Hydro One
Inspection Department. The "Inspection Clearance" must be obtained at least 48 hours in advance of the
power turn on to ensure that Hydro One will receive it prior to turn on.
Subsection 614.10.02 of OPSS 614 is deleted in its entirety and replaced with the following:
Payment at the contract price for the tender item 'Supply Control Cabinet and Connections' shall be full
compensation for all labour, equipment and materials required to do all work described herein including
the installation of cables, conduits and associated hardware required for Hydro One to make the final
connection.
Luminaires and Bracket Assemblies - Item No. A6, 89, C6, Dl, Ell and F7
Reference:
OPSS 601, 617, and Contract Drawings.
Roadway luminaire(s) - 250 Watt high-pressure sodium, 200 Watt CW A ballast, IES type II distribution,
for 120 Volt operation. Cooper, Photometric file No. 766641.ies or approved equal. The luminaire(s)
shall be complete with 200 Watt high pressure sodium lamp ANSI designation S66MN-200. The
luminaires shall be equipped with individual photocelectric Controller and receptacles.
Roadway luminaire(s) - 250 Watt high-pressure sodium, 100 Watt CW A ballast, IES type II distribution,
for 120 Volt operation. Cooper, Photometric file No. 766641.ies or approved equal. The luminaire(s)
shall be complete with 100 Watt high pressure sodium lamp ANSI designation S54SB-IOO. The
luminaires shall be equipped with individual photocelectric Controller and receptacles.
Each luminaire shall be protected with a 10 Amp. In-line KTK Type fuse in a waterproof fuseholder.
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CORPORATION OF
THE MUNICIPALITY OF CLARINGTON
CONTRACT NO. CL2003-32
STANDARD DRAWINGS
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STANDARD DRAWINGS- CONTRACT NO. CL 2003-32 PAGE ONE
STANDARD NO. DESCRIPTION
ESK - 1 Supply Control Cabinet Installation
OPSD - 2100,05 Cable and Duct Protection and Marking
OPSD - 2101.01 Duct Installation in Trenches
OPSD - 2103.02. Duct Installation Profiles
OPSD - 2103.05 Duct Installation at Utility Crossings
OPSD - 2112.02 Electrical Handhole Precast Concrete with Cover
MTOD - 2117.02 Electrical Handholes General Installation Requirements
MTOD - 2123.03 Electrical Handholes Entry of Direct Buried and Encased Ducts
MTOD - 2210.020 Installation of Direct Buried Poles in Slopes
OPSD - 2235.01 Pole Guying Details
OPSD - 2238.01 Wood Pole in Earth
OPSD - 2240.01 Wood Pole with Elliptical Bracket Overhead and Underground Services
OPSD - 2242.01 Wood Pole with Neutral Supported Cable
OPSD - 2245.01 Installation of Aerial Cable Systems
OPSD - 2245.02 Minimum Vertical Clearances for Aerial Cable Systems
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Finished
grade
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Service entrance fitting, 50mm, rigid PVC
1.0m coil of cable for connection to secondary buss
Service entrance fitting. 50mm, rigid PVC
Low voltage coble to luminaire
Clomp for, 50mm, rigid PVC
6 Conduit. 50mm, rigid PVC
CD Supply control cabinet
o Conduit, 20mm. rigid pvc
o Ground wire. #6 Bore
@ Ground rod. Quantity 2
.1
Z 610
T 1F?5~~
min
OVERHEAD SUPPLY
NOTES:
C All dimensions ore in millimetres unless otherwise shown.
SUPPLY CONTROL CABINET
I NST ALLA TION
OVERHEAD SERVICES
ESK-1
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TABLE 1
MINIMUM TRENCH WIDTH FOR ONE LAYER AND
TWO LAYER DUCT ARRANGEMENT
No OF No OF NUMBER OF 50 mm DUCTS
100 mm LAYERS
DUCTS 0 1 2 3 4 5 6 7 8 9 10
1 N/A 150 205 300 460 610 N/A N/A N/A N/A N/A
0
2 N/A N/A N/A N/A 205 300 350 460 460 610 610
1 150 255 460 610 610 N/A N/A N/A N/A N/A N/A
1
2 N/A N/A 205 255 300 460 460 610 610 610 N/A
1 300 460 610 N/A N/A N/A N/A N/A N/A N/A N/A
2
2 150 255 255 460 460 610 610 610 N/A N/A N/A
1 460 610 N/A N/A N/A N/A N/A N/A N/A N/A N/A
3 N/A N/A
2 300 300 460 460 610 610 610 N/A N/A
1 610 N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A
4
2 300 460 460 610 610 N/A N/A N/A N/A N/A N/A
NOTES
1 Instoll ground wire in the duct, or trench os indicoted in the contract.
A Install cable brick, or concrete slab, marker tape, concrete duct morker
where indicated in the cantract. See OPSD-2100.05.
B This drawing is used in conjunction with OPSD-2103.02.
C Contractor hos the option of installing one, or two layer duct arrangement.
D N/A - Not Applicoble, undesirable, or exceeding equipment limits.
E All dimensions ore in millimetres or metres unless otherwise shown.
Backfill
material
50mm min
Typ
e
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min
min
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E I E E
Efil 0 0
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~ .0 ..
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V> 0
bedding 50mm min j
Ground wire Ground wire
Note 1 ONE LAYER Note 1
ARRANGEMENT
IN EARTH
DUCT
IN
INSTAllATION
TRENCHES
Ducl
..'0
..;1 50mm min
0 Typ
TWO LAYER
ARRANGEMENT
IN EARTH
1992 12 15 Rev
Date ---~--
Duct
Ground 9f
wire ~~
Note 1 '!!.
50mm J 1- J 1- 5:::
IN ROCK
ONTARIO PROVINCIAL STANDARD DRAWING Dote
OPSD
2101.01
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450mm min
Utility depth
Duct or outer edge
of cone encasement
TyP~
Loose
styrofoam fill
Typ.
CROSSING OVER UTILITY
Finished grade
Typ
---
Slope to ovoid low point
where elevations permit
mm
min
CROSSING UNDER UTILITY
NOTES:
A The required clearance 'x' between the
and the ducts or concrete encasement
UTILITY x mm min
Ducts, Direct
BuMed or 100
Encased
All other pipes 300
High Voltage cables 300
All other cables 300
utility
is:
////
450mm min
Utility depth
CROSSING OVER CONCRETE
ENCASED UTILITY
---
Slope to ovoid low point
where elevations permit
mm
min
CROSSING UNDER CONCRETE
ENCASED UTILITY
B Trench widths sholl be kept to the
minimum required for working space.
Manual excavation and backfill methods
sholl be used, with the utility supported
in place where required, where crossing
under 0 utility is necessary.
C All dimensions ore in millimetres or
metres unless otherwise shown.
Dote
1992 12 15 Rev
ONTARIO PROVINCIAL STANDARD DRAWING
Dote
DUCT INSTAllATION
AT UTILITY CROSSINGS
OPSD 2103.05
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Note 3 .
,.
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of #6 AWG . ~
stranded . .
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ground wire
. J
~
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Hondhole cover
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attached to metal
frame mounting bolt
Note 2
Finished grade
1000
o
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o.
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~---------------~
#6 AWG system
ground wire
Entry hole, Note 1
Ground rod where required
19mm clear crushed
rock, Orainoge pocket
and foundation
o
NOTES:
1 For duct entry details see OPSD-2123.03.
2 For hand holes with metal frames, ground wire sholl be attached to frame
using 0 ground lug suitable for #6 AWG stranded copper wire.
3 For hand holes with metal covers and non metallic frames, the ground wire
sholl be attached to the hand hole cover using 0 ground lug suitable fOf
#6 AWG copper wire.
A For specific hand hole details see OPSD-2112.01, 2112.02, 2112.03,
2112.05,2113.01,2113.02,2114.01,2115.01, and MTOD 2112.040.
B All dimensions ore in millimetres or metres unless otherwise shown.
MINISTRY OF TRANSPORTATION ONTARIO DRAWING
ELECTRICAL HANDHOLES
GENERAL INSTALLATION
REQUIREMENTS
1996 02 07 Rev
Dote
MTOD
2117,02
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Offset
Note 1
<t Pole
Burial depth
Note 2 ond 3
DIRECT BURIED POLE IN
Edge of trove lied \
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I rh :
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CUT
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Offset
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Nate 2 ond 3
DIRECT BURIED POLE IN FILL
NOTES:
1 Offset dimension shown elsewhere in the controct.
2 Burial depth sholl be meosured from the lowest grode elevotion ot pole.
3 For buriol depths see the following stondord:
Concrete poles: MTOD-2225.0 1.
Metol poles: MTOD-2232.0 1 0
A All dimensions ore in millimetres unless otherwise shown.
MINISTRY OF TRANSPORTATION ONTARIO DRAWING Morch 2001 Rev 2
INSTALLATION
BURIED POLES
OF
IN
DIRECT
SLOPES
MTOD
2210.020
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CORPORATION OF
THE MUNICIPALITY OF CLARINGTON
CONTRACT NO. CL2003-32
OPS GENERAL CONDITIONS OF CONTRACT
(September 1999)
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GENERAL CONDITIONS OF CONTRACT
Table of Contents
SECTION GC 1.0 -INTERPRETATION
GC 1.01 Captions................................... ............................................... ........ .................. ....... 1
GC 1.02 Abbreviations ............................................................................ .............. ...... ..... ...... 1
GC 1.03 Gender and Singular References............................................................................ 1
GC 1.04 Definitions ............................,.............................................................................. ..... 1
GC 1.05 Substantial Performance.........................................................................................5
GC 1.06 Completion......,........................................................................................................ 6
GC 1.07 FInal Acceptance ...................................................................................,................. 6
GC 1.08 Interpretation of Certain Words ..............................................,................................ 6
SECTION GC 2.0 . CONTRACT DOCUMENTS
GC 2.01 Reliance on Contract Documents...............................,.....,...................................... 7
GC 2.02 Order of Precedence ............................................................................................... 7
SECTION GC 3.0 - ADMINISTRATION OF THE CONTRACT
GC 3.01 Contract AdministratDr's Authority ........................................................................... 8
GC 3.02 Working Drawings ..............................................................................,................,;.. 9
GC 3.03 Right of the Contract Administrator to Modify Methods and Equipment ................. 9
GC 3.04 Emergency Situalions........,.......................................................................,........... 10
GC 3.05 Layout..................................................,................................................................. 10
GC 3.06 Working Area..........................................................,.............................................. 10
GC 3.07 Extension of Contract Tme ................................................................................... 10
GC 3.08 Delays.................................................................................................................... 11
GC 3.09 Assignment of Contract ......................................................................................... 11
GC 3.10 Subconlr8cting by the Contraclor.......................................................................... 11
GC 3.11 Changes ................................................................................................................ 12
GC 3.11.01 Changes in the Work............................................................................................. 12
GC 3.11.02 Extra Work..................................................................................,.......................... 12
OPS Gener8I co. _II . of ConINcI: - 91J1tl--ntter 1118
T_ oICOnlM1ta-1
GC 3.11.03 Additional Work .............................................,....................................................... 12
GC 3.12 Notices................................................................................................................... 12
GC 3.13 Use and Occupancy of the Work Prior to Substantial Performance .....................13
GC 3.14 Claims, Negotiations, Mediation............................................................................13
GC 3.14.01 Continuance of the Work....................................................................................... 13
GC 3.14.02 Record Keeping...............................................,.....................................................13
GC 3.14.03 Claims Procedure .................................................................................................. 13
GC.,3.14.04 Negotiations.............. ...... ............................................................................ ........... 14
GC ,3.14.05 Mediation ............................................................................................................... 14
GC. 3.14.06 Payment................................................................................................................ 14
GC 3.14.07 Rights of Both Parties,........................................................................................... 15
GC 3.15 Engineering Arbitration........................................................................................... 15
GC 3.15.01 Conditions for Engineering Arbitratlon................................................................... 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 Rnds .............................................................................................16
SECTION GC 4.0 . OWNER'S RESPONSIBILITIES AND RIGHTS
GC 4.01 Working Area.........................................................................................................17
GC 4.02 Approvals and Permits .......................................................................................... 17
GC 4.03 Management and Disposition of Materials ............................................................ 17
GC 4.04 ConstnK:tion Affecting Railway Property .............:..............................................:.. 18
GC 4.05 Default by the Contractor....................................................................................... 18
GC 4.06 Notification of Default ............................................................................................ 18
GC 4.07 Contractor's Right to Correct a Default.................................................................. 18
GC 4.08 Owner's Right to Correct Default........................................................................... 18
GC 4.09 Termination of Contractor's Right to Continue the Work....................................... 18
T_of~..
OPS o.n...a eo. -. .. 01 Cor*8cI. t7 I,ll \_ 1889
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GC4.10
GC 4.11
GC 4.12
GC4.13
Final PaymenllD Contractor.................................................................................. 19
T ennination of the Contrad .................... ........................ .......... ....................... ...... 19
Continuation of Contraclol's Obligations............................................................... 19
Use of Perfonnance Bond .....................................................................................19
SECTION GC 5.0 - MATERIAL
GC 5.01
GC 5.02
GC 5.03
GC 5.04
GC 5.05
GC 5.05.01
GC 5.05.02
Supply of Material..................................................................................................20
Quality of Material.................................................................................................. 20
Rejected MateriaL... .............................................................................................. 20
Substitutions ..................................................,....................................................... 20
Owner SUpplied Material.......................................................................................21
Ordering of Excess Material....................................,............................................. 21
Care of Material..................................................................................................... 21
SECTION GC 6.0 -INSURANCE, PROTECTION AND DAMAGE
GC 6.01
GC 6.02
GC 6.03
GC 6.03.01
GC 6.03.02
GC 6.03.03
GC 6.03.04
GC 6.03.05
GC 6,03.05.01
GC 6.03.05.02
GC 6.03.05.03
GC 6.03.05.b4
GC 6.03.06
GC 6.03.07
GC 6.04
Protection of WorK. Persons and Property ...............................;............................ 23
Indemnification ...............................................................,...................................... 23
Contractor's Insurance........................................................................................... 24
General..................................................................................................................24
General Liability Insurance .................................................................................... 24
AutomobIle Liability Insurance............................................................................... 24
Aircraft and Watercraft Liability Insurance.............................................................. 25
P,operty and Boller Insurance................................,.............................................. 25
Properly Insurance ................................................................................................25
Boiler Insurance ....................................................... .................................. ..... ....... 25
Use and Occupancy of the Walk Prior to Completion........................................... 25
Payment for Loss or Oarnage..............................~................................................. 26
Contraclol's equipment Insurance ........................................................................ 26
Insurance Requirements and Duration.................................................................. 26
Bondlng.................................................................................................................. 27
SECTION GC 7.0 _ CONTRACTOR'S RESPONSIBILITIES AND CONTROL OF THE WORK
GC 7.01
General..................................................................................................................28
T.bIed~.1l
OP8QenoN1COO_d~..t,l .1bIo'.
GC 7.02
GC 7.03
GC 7.04
GC 7.05
GC 7.06
GC 7.07
GC 7.08
GC 7.09
GC7.10
GC7.11
GC 7.12
GC 7.13
.. GC 7.14
GC 7.15
Layout ............... ................................................................ ....................... ..... ......... 29
Damage by Vehicles or other Equipment............................................................. 30
Excess Loading of Motor Vehicles ........................................................................30
Condition of the Working Area,.............................................................................. 30
Maintaining Roadways and Detours...................................................................... 30
Access to Properties Adjoining the Work and Interruption of Utility Services....... 31
Approvals and Permits ..........................................................................................31
Suspension of Work .............................................................................................. 32
Contractor's Right to stop the Work or Terminate the Contract............................ 32
Notices by the Contractor .................;......,............................................................. 32
Obstructions......................................................................,......... ..............,............ 33
Umitations of Operations........................................................ ............................... 33
Cleaning Up Before Acceptance ..............................,............................................ 33
Warranty ................................................................................................................ 33
SECTION GC 8.0 - MEASUREMENT AND PAYMENT
GC 8,01
GC 8.01.01
GC 8.01.02
GC 8.02
GC 8.02.01
GC 8.02.02
GC 8.02.03
GC 8.02.03.01
GC 8.02.03.02
GC 8.02.03.03
GC 8.02.03.04
GC 8.02.03.05
GC 8.02.03.06
GC 8.02.03.07
GC 8.02.03.08
GC 8.02.03.09
GC 8.02.03.10
GC 8.02.03.11
Measurement.......................................,................................................................. 35
Quantities.....................................................................,......................................... 35
Variations in Tender Quantities..............................................................................35
Payment................................................................................................................35
Price for WOllc............... .................................................... .................................... 35
Advance Payments for Material......................................................!...................... 36
Certification and Payment ..................................................................................... 36
Progress Payment Certificate........................................... .............. ....................... 36
Certification of Subcontract Completion,............;.................................................. 37
Subcontract Statutory Holdback Release Certificate and Payment...................... 37
Certification of Substantial Performance ............................................................... 37
Substantial Performance Payment and Substantial Performance Statutory
Holdback Release Payment Certificates............................................................... 38
Certification of Completion .................................................................................... 38
Completion Payment and Completion Statutory Holdback Release
ir:'"re:.~.~~~.::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ~~
Interest for Late Payment...................................................................................... 39
Interest for Negollatlons and Claims ..................................................................... 40
Owner's Set-Off ..................................................................................................... 40
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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 ........ ........ ........ ............ ............ ..... ................................. ........ ........ ........ 40
GC 8.02.04.02 Daily Work Records............................................................................................... 41
GC 8.02.04.03 Payment forWork.................................................................................................. 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
GC 8.02.04.06.01 Working Time ........................................................................................................42
GC 8.02.04.06.02 Standby Time ........................................................................................................42
GC 8.02.04.07 Payment for Hand TooIs..............................h........................................................ 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 .
GC 8.02.06
GC 8.02.07
GC 8.02.08
GC 8.02.09
Final Acceptance Certificate.................................................................................. 43
Payment of Workers ..............................................................................................44
Records ..............,..................................................................................................44
Taxes and Duties............................,......................................................................44
'Liquidated Damages..............................................................................................45
OPS_~.alConlncl-81.1 .11>.. 1M
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GC 1.01
Ontario Provincial Standards
for
Roads and Public Works
September 1999
GENERAL CONDITIONS OF CONTRACT
SECTION GC 1.0 . INTERPRETATION
Captions
.01 The captions appearing in these General Conditions have been inserted as a matter of convenience .
and for ease of reference only and in no way define. Omit or enlarge the scope or meaning of the
General Conditions or any provision hereof.
GC 1.G2
Abbreviations
.01 The abbreviations on the left below are commonly found in the Contract Documents and represent
the organizations and phrases listed on the right
"MSHTO"
"ANSI"
"ASTM"
"AWG"
"AIN'NA"
"CESA"
"CGSB"
"CSA"
"CWB"
"GC"
"MOE"
"MTC"
"MTO"
"MUTCD"
oOPS"
-"OPSO"
"OPSS"
"PEC"
"SAE"
"SSPC"
"UL"
"ULC"
GC 1.G3
American Association of State Highway Transportation OfficIals
American National Standards Inslilute
American Society for Testing and Materials
American We Gauge
- American Water Wolles Association
Canadian Engineering Standards Association
Canadian General Standards Board
Canadian Standards .~alion
Canadian Welding Bureau
General Conditions
Ministry of the Environment (Ontario)
M"lIlistry ofTranspor1ation (Ontario)
M"l1istry ofTransportalion (Ontario)
Manual of Uniform Traffic Control Devices. pubrlShed by MTO
Ontario ProvIncial Standard
Ontario Provincial Standard DrawIng
Ontario Provincial Standard Specification
Professional Engineers Ontario
SocIety of Automotive EngineelS
Struclural Steel Painting Council
Undelwriters Laboratories
Underwriters Laboratories Canada
Gender and Singular References
.01 References III the masculine or singular throughout the Contract Documents shall be considered to
include the feminine and the plural and Viae versa as the context requires.
GC 1.04
DefInitions
.01 For the purposes of this Contract the foIowlng definitions apply:
Actual Measurement: means the field ~t of that quantity wtthin the approved limits of the
Work.
PlIOll1
OP8OeneN1Co1t11U_"'~"'.. ._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,
Base: means a layer of material of specified type and thickness placed immediately below the pavement,
driving surface, finished grade. curb and gutter, or sidewalk.
Certificate of Subcontract Completion: means the certificate issued by the Contract Administrator in
accordance with clause GC 8.02.03.02, Certification of Subcontract Completion.
Certificate of Substantial Perfonnance: means the certificate issued by the Contract Administrator at
SubstantialPertbrmance.
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,
. withinlthe intended scope of the Contract.
Change Order: means a written amendment to the Contract signed by the Contractor and the Owner, or
the Contract Administrator where so authorized, covering contingencies, a Change in the Work, Extra
Work, Additional Work and changed subsurface conditions, and establishing the basis for payment and the
time allowed for the adjustment of the Contract Tune.
Completion Certificate: means the certificate issued by the Contract Administrator at completion.
Constructor: means, for the purposes of, and within the meaning of the Occupational Health and Safety
Act. R.S.O. 1990, c.O.1, as amended and amendments thereto, the Contractor who executes the Contract.
Contract: means the undertaking by the Owner and the Contractor to perform their respective duties,
responsibilities and obligations as prescribed in the Contract Documents.
Contract Administrator: means the person, partnership or corporation designated by the Owner to be
the Owner's representative for the purposes of the Contract.
Contract Documents: mean the executed 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 soli profiles, foundation investigation reports, reinforcing steel
schedules, aggregate sources lists, Quantity Sheets, cross-sections and standard drawings.
Contract nme: means the time stipulated in the Contract Documents for SUbstantial Performance of the
Work, including any extension of Contract Time made pursuant to the Contract Documents.
Contractor: means the person, partnership or corporation undertaking the Work as identified in the
Agreemenl
Controlling Operation: means any component of the Work, which, If delayed, will delay the completion of
the Work.
Pege 2
OPSo.n....COO_.of~.8..It..tbell_
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Cost Plus: See "Tune and MateriaI".
Cut-off Date: means the date up to which payment win 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' calculatibn of the qll8ntity or'eost-of.theWork 0I'flSrt'Of INlependlng 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.
ForceAccount: See"Tme and MaleriaI",
Geotechnical Report: means a report or other information identifying soil, rock and ground water
"conclitions'inthe area of any proposed excavation or fill.
Grade: means the required elevation of that part of the work.
Hand Tools: means tools that are commonly called tools or.lmplementsof.the trade and Include small
power tools.
Hlgh_y: 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 Iines'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 toIal of all the estimated tender
quantities and the tender unit prices.
Material: means malIlrlal, machinery, equipment and fixtures forming part of the Work.
OPSGeMNlCo.odltIot.olConlr8Cl.S,.lt -,-
P"",,3
Owner: means the party to the Contract for whom the Work is being perfonned, as identified in the
Agreement, and includes, with the same meaning and import, "Authority".
Pavement: means a wearing course or courses placed on the Roadway and consisting of asphaltic
concrete, hydraulic cement concrete - Portland cement concrete, or plant or road mixed mulch.
Perfonnance Bond: means the type of security furnished to the Owner to guarantee completion of the
Work in accordance with the Contract and to the extent provided in the bond.
Plan Quantity: means that quantity as computed from within the boundary lines of the Work as shown in
the Contract Documents.
"."
Project: means the construction of the Work as contemplated by this Contract
Quantity Sheet: means a list of the quantities of Work to be done.
Rate'l?f Interest: means the rate detennined by the Minister of Rnance of Ontario and issued by, and
availatlle from, the Owner.
".r,~,
Records: mean any books, payrolls, accounts or other infonnation which relate to the Work or any
Change in the Work or claims arising therefrom.
Roadway: means that part of the Highway designed or intended for use by vehicular traffic and includes
the Shoulders.
". "
.t..
Shoulder: means that portion of the Roadway between the edge of the wearing surface and the top
inside edge of the ditch or fill slope.
Special Provisions: mean special directions containing requirements peculiar to the Work.
Standard Specification: means a standard practice required and stipulated by the Owner for
perfonnance of the Work.
Subbase: means a layer of material of specified type and thickness between the Subgrade and the Base.
Subcontractor: means a person, partnership or corporation undertaking the execulion 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
.;.~ .
Subsuiface Report: means a report or other information identifying the location of utilities, concealed and
adjacent structures and physical obstructions which fall within the influence of the Work.
Superintendent: means the Contractor's authorized representative in responsible charge of the Work.
Surety: means the person, partnership or corporation, other than the Contractor, licensed In Ontario to
transact business under the Insurance Act, R.S.O. 1990, c.l.a, as amended, executing a bond provided by
the Contractor.
Tender:' means an offer in writing from the Contractor, submitted in the fonnat prescribed by the Owner,
to complete the Work.
TIme and Material: means costs calculated according to clause GC 8.02.04, Payment on a Tune and
Material Basis. Where "Cost Plus" and "Force Accounf' are used they shall have the same meaning.
"-4
0P8 0eneraI eoo__ fiI ConIr8c:l- ...._ 1m
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Utility: means an aboveground or underground facility maintained by a municipality. public utility authority
or regulated authority and includes seIVices such as sanitary sewer, stonn 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 Perfonnance is not established, the Warranty Period shall commence on the date of
Completion.
Work: means the total construction and related services required by the Contract Documents.
Working Area: means all the lands and 'easements owned or acquired by the OWner for the"construction
of the Work.
Working Day: means any Day,
a) except Saturdays, Sundays and statutory holidays;
'b) ., except a'[)liy 8s~teni'1ii1ed'bY1he-Contrild''Administrator;'on'Which'the-:Contractor1sprevented by
. inclelnentweather'or conditions resulting immediately1her"ClUlll;froh. proceeding'With'a..Controlling
'Operation.' For the ptirposesof thisdefinltion, this will'be a Day during -whicIT the Contraetorcannot
proceed with at least 60% of the nonnal labour and equipmenttoroe-effecliveIy engaged on the
C0ntr0lIing Operation for at least 5 hOUfS;
c) except a Day on which the Contractor is prevented from proceeding with a Controlling Operation, as
detennined by the Contract Administrator by reason of,
L any breach of the Contract by the Owner or if such prevention is due to the Owner, another
contractor hired by the OWner, or an employee of anyone of them, or by anyone else acting on
behalf of the Owner. '
Ii. on-delivery of Owner-supplled 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 generaflty thereof, include falsework plans, Roadway
protection plans, shop drawings, shop plans or erec:lion diagrams.
GC 1.05
Substantial Perfonnance
,01 The Work is substantiaUy performed,
a) when the Work to be'performed under the Contract orasubstantialpart:lhereofisready for use
or is being used for the purpose intended; and
b) when the Work to be performed under the Contract is'-cspable'of completion or, where there is a
known defect, the cost of correction, is not more than
i. 3% of the first $500,000 of the Contract price,
iL 2% of the next $500,000 of the Contract price, and
fri. 1 % of the balance of the Contract price.
.02 For the purposes of this Contract, where the Work or a substantial part thereof is ready for use or is
being used for the purposes intended and the remainder of' the Work cannot be completed
expeditiously for reasons beyond the control of the Contractor or, where the OWner and the
Contractor agree not to complete the Work expeditiously, the price of the services or materials
remaining to be suppled and required to complete the Work shall be deducted from the Contract
price In detennlning SUbstantial Perfonnance.
OPSo.n..I <:0<_. 01 CanlNct. '''''~'_ 1_
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GC 1.06
Completion
.01 The Work shall be deemed to be completed and services or Materials shall be deemed to be last
supplied to the Work when the price of completion, correction of a known defect or last supply is not
more thiln the lesser of,
a) 1% of the Contract price; or
b) $1,000.
GC 1.07
Final Acceptance
.01 Final Acceptance shall be deemed to occur when the Contract Administrator is satisfied that, to the
best of the Contract Administralo(s knowledge at that time, the Contractor has rectified all imperfect
work and has discharged all of the Contractor's obligations under the Contract.
GC 1.08
Interpretation of Certain Words
.01,.J:he words "acceptable", "approvar, "authorized", "considered necessary", "directed", "required",
- ,=:~:satisfactory", or words of fike import, shall mean approval of, directed, required, considered
. - necessary or authorized by and acceptable or satisfactory to the Contract Administrator unless the
context clearly indicates otherwise.
..'''''-.-,",
~' "'., ,-
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SECTION GC 2.0 - CONTRACT DOCUMENTS
GC 2.01
Reliance on Contract Documents
.01 The Owner warrants that the information fumished in the Contract Documents can be relied upon with
the following fimitations 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 infonnalion 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 llie following order:
a) Agreement
b) Addenda
c) Special Provisions
d) Contract Drawings
e) Standard Specifications
t) Tencler
g) Supplemental General Conditions
h) General Conditions
I) Wor1<ing Drawings
Later dates shall govem within each of the above categories of documents.
.02 In the event of any conflict among or inconsistency in the Information shown on Drawings, the
following rules shall apply:
a) Dimensions shown in figures on a'Drawing shall govern where they differ from dimensions scaled
from the same drawing;
b) Drawings of larger scaIe shall govern over those of smaller scale;
c) Detailed Drawings shall govem over general Olawings; and
d) Drawings of a Ialer date shan govem over those of an earlier date in the same series.
.03 In the event of any conflict in the contents of Standard . SpecificaIions the following order of
precedence shan govern:
a) Ontario Provincial S1andard Specifications; then
b) Other Standard SpeclficalIons, such as those produced by CSA. CGSB, ASTM and ANSI, and
referenced in the Ontario Provincial Standard SpeclflcaIions.
.04 The Contract Documents are complementary, and what is required by any one shan be as binding as
if required by all. "
ops_eo. ~1I',p.af~.81,1 ,....,.
"-7
SEcnON GC 3.0 - ADMINISTRATION OF THE CONTRACT
GC 3.01
Contract Administrator's Authority
.01 The Contract Administrator will be the Owne(s representative during construction and until the
issuance of the Completion Certificate or the issuance of the Final Acceptance Certificate whichever
is later. All instructions to /he Contractor including instructions from /he Owner will be issued by the
Contract Administrator. The Contract Administrator will have /he authority to act on behalf of the
Owner only to /he 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 !he Contract Documents shall be referred to !he Contract Administrator.
.03 The Contract Administrator Will inspect the Work for its confonnity with /he plans and Specifications,
alJd to record !he necessary data to establish payment quantities under the schedule of tender
quantities and unit prices or to make an assessment of !he value of !he work completed in /he case of
,~)f.lmp sum price contract.
.04,Jfie Contract Administrator will determine /he amounts owing to /he Contractor under /he Contract
and Will issue certificates for payment in such amounts as provided for in Section GC 8.0,
Measurement and Payment
The Contract Administrator will with reasonable promptness review and take appropriate action upon
the Contracto(s submissions such as shop drawings, product data, and samples in accordance with
the Contract Documents.
.'", .05
..
.06
.07
.08
.09
The Contract Administrator will investigate all allegations of a change in the character of !he Work
made by the Contractor and issue appropriate instructions.
The Contract Administrator will prepare Change Directives and Change Orders.
Upon written appflCation by /he Contractor, /he Contract Administrator and/he ContraclDr will joinUy
conduct an inspection of the Work to establish /he date of Substantial Perionnance of the Work
, and/or the date of Completion of /he Work.
The Contract Administrator will be, in the first instance, /he interpreter of the Contract Documents and
!he judge of /he performance /hereunder by boll1 parties to /he Contract. interpretations and
dec:isions of /he Contract Administrator shall be consistent with the intent of /he Contract Documents
and in making these decisions /he Contract Administrator will not show partiality to eilher party.
.10 The Contract Administrator will have the authority to reject part of /he Work or Material which does
not confonn to /he Contract Documents.
.11 Defective work, whether /he result of. poor workmanship, use of defective material, or damage
through careiessness or other act or omission of the Contractor and'whether incorporated in !he Work
or not, which has been rejected by the Contract Administrator as failing to confonn to /he Contract
Documents shall be removed prompUy from the Work by the Contractor and replaced or re-executed
prompUy In aCCOrdance with the Contract Documents at no additional cost to the Owner.
.12 Any part of !he 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 oplnion of /he Contract Administrator, It Is not expedient to correct defective work or work not
perfonned in accordance with !he Contract Documents, /he Owner may deduct from monies
o/herwise due to !he Contractor /he difference in value between the work as perfonned and that
called for by /he Contract Admlnil!lJ'ator.
"'8
0P8 Genem CoI-.... <II Connct .Slpll'.... 18811
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.14 Notwit!1standing any inspections made by the Contract Administrator or the issuance of any
certificates or the making of any payment by the Owner, the failure of the Contract Administrator to
reject any defective work or Material shall not constitute acceptance of defective work or Material.
.15 The Contract Administrator will have the authority to temporarily suspend the Work for such
reasonable time as may be necessary to facilitate the checking of any portion of the Contractor's
construction layout or the inspection of any portion of the Work. There shall not be any extra
compensation for the suspension of work.
GC 3.02
Working Drawings
.01 The Contractor shall arrange for the preparation of clearly identified and dated Working Drawings as
caDed 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 deIliY in the. Work. .,ltfJither the 'Contractor or
the Contract Administrator so requests they shall joinUy prepare a -schedule fixing the .dates for
submission and retum of Working Drawings, Working Drawings shall. besubmltled in printed fonn.
At. the time of submission the Contractor shall notify the Contract Administrator In writing of any
deviations from the Contract requirements that exist In theWorking Drawings.
.03 The Contract Administrator will revieW and return Working Drawings in 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 forconformlty to the. design -concept and for
general arrangement only and such review shall not refleW the CoubaGtor 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 otheIwise directed by. the
Contract Administrator. . When resubmitting, the Contractor shalnotify the Contract Administrator in .
writing'of any reVisions other than those requested by the.Contract Admilrilib..b:)r.
.06 Work related to the Working Drawings shall not pi oceed until the Wolldng Drawings have been
signed and dated by the Contract Administrator and marked with the words "Reviewed. pennisslon
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 Coull actor's actionS to be unsafe, or
damaging to either the Work or existing facilities or the environment
.02 The Contractor shan, when requested In writing, alter the sequence of Its operations on the Contract
so as to avoid interference with work being perfonned by others.
.03 Notwithstanding the foregoing, the Coub ac;tor shall ensure that all necessary safety precautions and
protection are maintained throughout the Work.
0P8 o.MNl Cell ('I .uf ConlNc:l. .......- 1..
"-8
GC 3.ll4
Emergency Situations
.01 The Contract Administrator has the right to determine the existence of an emergency situation, and
when such an emergency situation is deemed to exist, the Contract Administrator may instruct the
Contractor to take action to remedy the situation. If the Contractor does not take timely action, or if
the Contractor is not available, the Contract Administrator may direct others to remedy the situation.
...
.02 If the emergency situation was the fault of the Contractor, the remedial work shall be done at the
Contractor's expense. If the emergency situation was not the fault of the Contractor, the Owner will
pay for the remedial work.
GC 3.05
Layout
.01.. The Contract Administrator will provide baseline and benchmark information for'the genera/location,
, _alignment and elevation of the Work. The Owner will be responsible only for the correctness of the
. ,;mfoimation provided by the Contract Administrator, ;
.~.
GC 3.Cl6
Working Area
.,
. -....r.
.01 The COntractor's sheds, site offices, toilets, other temporary structures and storage areas for material
and equipment shall be grouped in a compact manner and maintained in a neat and orderly condition
atall times.
.02 The Contractor shall confine his construction operations to the Working Area. Should the Contractor
require more space than that shown on the Contract Drawings, the Contractor shall obtain such
space at no 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 3.117
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 Tune shall
enumerate the reasons, and state the length of extension required.
.02 ,Circumstances suitable for consideration of an extension of Contract Time.lnclude 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.
Poge 10
OPS 0..- Condlllorw of~. Slpl ,iller 1_
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GC 3.08
Delays
.01 If the ContraclOr is delayed in the perfonnance of the Work by,
a) war, blockades, and civil commotions, errors in the Contract Documents; an act or omission of the
Owner or Contract Administrator, or anyone employed or engaged by them directly or indirectly,
contrary to the provisions of the Contract Documents;
b) a stop work order issued by a court or public authority, provided that such order was not issued as
the result of an act or omission of the Contractor or anyone employed or engaged by the
Contractor direcUy or indireclly;
< c) the Contract 'Administrator giving notice under subseclionGC-7.09; Suspension of Work;
d) abnonnaI inclement weather; or
. e) 'archaeologicallinds 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
Tmie due toilbnonnal incIement.weather.' the.Contractor.shall~ with' the. Contractor's -application,
submit evidence' from Environment Canada' in. support of such'appflC8tion. .H:xtension of Contract
Tune will be granted in accordance with subsection GC3;07, Extension ofConlract.Time.
.02 If theWork'isdelayedbylabour disputes"strikes or'Iock-outs-'including Iock-outs deaeed or
recommended to ltsmembers by a-recognized contractor's assocPlion, of which <the Contractor is a
. .' member orto which 1I1e Contractor is otherwise bound-which are beyond the Contractor's control,
. then theContracl Timfi shall''be' extended' in' accordance 'with' subsection GC' 3.07; 'Extension of
Contract Tune. tn no case shall the extension of Contract Tune be less' than the time lost as the
result of the event causing the delay, unless a shorter extensioll" Is agreed to by the Contractor;. The
Contractor shall not be entitled to payment for costs incurred as the result ohuch delays unless such.
delays are the result of actions by the Owner. .
GC 3.09
Assignment of Contract
.01 The Contractor shaD not assign the Contract. either in whole or in part, without the written consent of
the Owner.
GC 3.10
Subcontracting by 1I1e Contractor
.01 'The Contractor may SUbWo,b..ctany part of the Work; subject to these General.Conditions and any
limitations specified In the Contract Documents.
.02 The Contractor shaH notify the Contract Administrator, in wrlting;'of'theintention 'to subcontract. Such
notification shaD identify the part of the Work; and the SUbcontractor with whom it is intended.
.03 The Contract Administratorwm, within 10 Days-of receipt of'such IlOtification."accept or reject the
Intended Subcontractor. The rejectiorrwill be;n writing.and wID include the reasons for the rejection.
'.04 The Contractor shaH not, without the written consent of the Owner, change a SUbcontractor.who has
been engaged in accordance with subsection GC 3.10 Subcontr'actihg by the Contractor.
.05' The ContraclOr shall preServe and protect the rights of the parties under 1I1e Contract with respect to
that part of the Work to be perfonned under subcontract and shall,
a) enter into agreements with the intended SUbcontractors to require them to perform their work in
accordance with the Contract Documents; and
b) be as fully responsible to the OWner for acts and omissionS of the Contractor's Subcontractors and
of persons directly or Indirectly employed by them as for acts and omissions of persons dlrecUy
employed by the Contractor.
OPS_eo._.fIIConl18Cl....1 ..... 1l1ll8
Pege 11
.06 The Owner's consent to subcontracting by the Contractor shaff not be construed to relieve the
Contractor from any obfigation under the Contract and shall not impose any liability upon the Owner.
Nothing contained in the Contract Documents shall create a contractual relationship between a
Subcontractor and the Owner.
GC 3.11
GC 3.11.01
Changes
Changes in the 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 ,)])e Contractor may apply for an extension of Contract TlITle according to the terms of subsection GC
3:07, Extension of Contract TlITle.
.031f..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, Mecfration or payment may be made according to the
conditions contained. in clause GC 8.02.04, Payment on a Time and Material Basis.
.
GC~.11.o2
.. ExtraWork
.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.
.02 The Contractor may apply for an extension of Contract TIITle according to the terms of subsection GC
3,07, Extension of Contract TlITle.
.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 TIITle and Material Basis.
GC 3;1.1.03
Additional Work
.01 The Owner, or Contract Administrator where so authorized, may request the Contractor to perform
Additional Work without invarldating the Contract. If the Contractor agrees to perform Additional
Work, the Contractor shall proceed with such Additional WOIk 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 TIITle and Material Basis.
GC 3.12
NotIcw
.01 Arty notice pennllted or required to be given to the Contract Administrator or the Superintendent In
respect of the WOIk 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 fiflh Day after the date of
mailing If sent by maD.
~12
OPS_eo.-... tiI~-llep"',lber1_
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.02 The c:o"tractor and the OWner shall provide each other with the mailing addresses. telephone
numbers and facsimile tenninal numbers for the eontract Administrator and the Superintendent at the
commencement of the Woll<.
.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 .Anynoticepennitted or required to be given to the OWner or the Contractor shall be given in
aocordance with the notice provision of the Contract.
GC3.13
Use and Occupancy of the Work Prior to Substantial Perfonnance
, :01 ' Where it is notcontemplatedelsewhere in'the eontract Documents; the Owner may use or occupy
the WorK or any part thereof prior to.substanliatf'erfonnance; provided.1hat,aUeast 30 Days' written
notice has been given to the Contractor.
.02 The use or occupancy of the WoIk or any partthereofby'theOwnerpriortoSUbstanlial Perfonnance
shall not conslitule an acceptance of the Work' or parts so' occupied. In "addition. the use or
occupancy of the Work shall not telieve the Contractor or the Contraclor's SUrety from any liability
'that has arisen. or may arise, from the performance 'of the Work 'in'acconlance'with ,the.Contracl
Documents. The OWner will be responsible for any damage that OCCUIS 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 'Iiquidated damageS in accordance with the.'tenns of the
Contract.
GC3.14
GC 3.14.01
Claims. Negotiations, MedIation
Continuance of the Work
.01 Unless the Contract has' been tenninatedor completed. the Contractor shall in every case. after
serving or receiving any notiIicalion of a claim or dispute; -verbal or written. continue to proceed with
'the Work with. dUe diflgeRCe and.expeclilion.It'is undelstood by 'the parties that such ,action will not
jeopaldize any claim it may have. .
GC 3.14.02
Record KeepIng
.01 Immediately upon conunenclng work which may result in a claim. the Contractor shall keep Daily
Work Records during the course of theWork, &UfIiclent \0 substantiate the Contractor's claim, and the
Contract Administrator will keep Dally WOi1(Records'\O'be used in'suBnlllg1he Contractor's claim.
all in accordance with clause GC 8.02.07. Records.
.02 The Contractor and the Contract Administrator shall reconcile their respective Daily Work Records on
a daHy basis. to slmpIify review of the claim. when submitted.
.03 The keeping of Dally Work Records by the Contract Administrator or the reconclling of such Daily
WoIk 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 shan 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 WoIk which may be elfeGted by the situation.
0Pa_ Condll.ne flllConII8OI.........a..o t_
"-13
.03 The Contractor shaft submit detailed claims as soon as reasonably possible and in any event no later
Ihan 30 Days after completion of Ihe work affected by Ihe situation. The detailed claim shall:
a) identify Ihe item or items in respect of which Ihe claim arises;
b) statelhe grounds, contractual or olhelWise, upon which the claim is made; and
c) include Ihe Records maintained by Ihe Contractor supporting such claim.
In exceptional cases Ihe 30 Days may be increased to a maximum of 90 Days with approval in writing
from Ihe Contract Administrator.
.04 Within 30 Days of Ihe receipt of Ihe Contractor's detailed claim, Ihe Contract Administrator may
request Ihe Contractor to submit any further and olher particulars as Ihe Contract Administrator
considers necessary to assess Ihe claim. The Contractor shall submit Ihe requested infonnation
within 30 Days of receipt of such request
.05 Within 90 Days of receipt of the detailed claim, Ihe Contract Administrator shall advise the Contractor,
in writing, of the Contract Administrator's opinion with regard to Ihe validity of the claim.
aIO~ .
GC3014.04 Negotiations
~.:.
.01 The parties shall make all reasonable efforts to resolve Iheir dispute by amicable negotiations and
agree to provide, without prejudice, open and timely disclosure of relevant facts, infonnation, and
.documents to facilitate Ihese negotiations.
.02 Should Ihe Contractor disagree with Ihe opinion given in paragraph GC 3.14.03.05, with respect to
. any part of Ihe claim, .lhe .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
Ihat 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, Ihe 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 Ihrough Ihe 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
, Ihe Contractor wishes to pursue Ihe issue further, Ihe parties may, upon mutual agreement, utilize the
services of an independent Ihird 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 Ihe disputed issue. The med'18tor shall
...1):Ieet with Ihe parties together and separately, as necessary, to review all aspects of the issue. In a
. final attempt to assist the parties in resoMng the Issue Ihemselves prior to proceeding to arbitration
Ihe 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 Ihe use of the Ihird party mediator process. The
cost of Ihe Ihlrd party mediator shall be equally shared by Ihe OWner and Contractor.
GC 3.14.06
Payment
.01 Payment of Ihe claim will be made no later lhan 30 Days after Ihe date of resolution of the claim or
dispute. Such payment will be made according to Ihe terms of Section GC 8.0, Measurement and
Payment
P_14
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GC 3.14.07
Rights of Both Parties
.01 It is agreed Ihat no action taken under Ihis 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
Ihe parties, provided Ihat Ihe requirements set out in Ihis subsection are fulfilled.
GC 3.15
Engineering Arbitration
Conditions for Engineering Arbitration
GC 3.15.01
.01' If a claim is not resolved satisfactorily Ihrough the negotiation stage noted in clause GC 3.14.04,
Negotiations, or Ihe mediation stage noted in clause GC 3.14.05, Mediation, either party may invoke
the provisions 'of subsection GC 3; 15, Engineering Arbitration, by gMng written notice to the olher
party.
.02 Notification Ihat arbitration shall be implemented to resolve theissueshall,be-communicatedin writing
as soon as 'possible 'and 'no later 'lhan'"60'"0ays'"following"1he-opinion'<given in paragraph GC
3.14.03;05. Where Ihe use of a Ihird party mediator wss'impiernented;notification shall be within 120
Osysoflhe opinion given in paragraph GC 3.14.03.05.
.03 The parties shall be bound by the decision of Ihe 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 tolhe extentlhat Ihey are mocftfied by the express
provisions of Ihis 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 wherelhearbitratorhas exceeded 'his or'her jurisdiction or have othelWise
disqualified him or herself: '
a) All existing actions in respect of the mattersunderaibib..liunwlll'be'stayed pending arbitration;
b) All outstanding claims and matters to be settled are to be set out in a schedule to Ihe agreement
Only such claims and matters as are in'the schedule will be arbitiated; and
c) Before proceeding with the arbitration. the Contractor Shall confirm that all matters in dispute are
set out in Ihe schedule.
GC 3.15.03
Appointment of Arbitrator
.01 The arbitrator shall be mutually agreed uponby1he Owner8nd Contractor;taadjudicate the dispute.
.02 Where Ihe 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 Ihe dispute within 15 Days after
Ihe last appointee was chosen or they shall refer Ihe 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 oIher persons to assist him or her.
OPS Ge-' Calldllol. 0I~' .......,.... 1.
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.06 The arbitrator is not bound by Ihe rules of evidence which govem Ihe trial of cases in court but may
hear and consider any evidence which Ihe arbitrator considers relevant
.07 The hearing will commence within 90 Days of Ihe appointment of Ihe arbitrator.
GC 3.15.04
Costs
.01 The arbitrator's fee shall be equally shared by Ihe OWner and Ihe Contractor.
.02 The fees of any independent experts and any olher persons appointed to assist the arbitrator shall be
shared equally by Ihe OWner and the Contractor.
.03 The arbitration hearing shall be held in a place mutually agreed upon by, bolh parties or in Ihe event
the parties do not agree, a site shall be chosen by Ihe arbitrator. The cost of obtaining appropriate
facUities shall be shared equally by the OWner and the Contractor.
~~~.. -
.04 ,. The arbitrator may, in his or her discretion, award reasonable costs, related to Ihe arbitration.
GC 3..1'5.05
The Decision
~..
.01. The reasoned decision will be made in writing within 90 Days of Ihe conclusion of the hearing. An
extension of time to make a decision may be granted with consent of bolh parties. Payment shall be
made in accordance' wilh clause GC 3.14.06, Payment
GC3.16
Archaeological Finds
.:.<
.01 If Ihe Contractor's operations expose any items which may indicate an archaeological find, such as
building remains, hardware, accumulations of bones, pottery, or arrowheads, Ihe Contractor shall
immediately notify Ihe Contract Administrator and suspend operations within Ihe area identified by the
Contract Administrator. Notification may be verbal provided !hat such notice is confinned in writing
Within 2 Days. Work shall remain suspended within that area until oIherwise directed by the Contract
Administrator in writing, in accordance with subsection GC 7.09, Suspension of Work.
.02 Any delay in the completion of Ihe Contract !hat 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
.: ~ork in accordance with clause GC 3.11.02, Extra Work.
)~j'''':' .
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"-.'b_':
GC 4.01
SECTION GC 4.0. OWNER'S RESPONSIBILITIES AND RIGHTS
Working Area
.01 The OWner will aCQuire all property rights which are deemed necessary by Ihe OWner for Ihe
construction of the Work, including temporary working easements, and will indicate Ihe full extent of
Ihe Working Area on Ihe Contract Drawings.
;02' The Geotechnical Report and.Subsurface Report which will be provided by lheOWner as part of Ihe
tender documents shall fonn part of the Contract Drawings.
GC 4.02
Approvals and Permits
.01 The OWner will pay for all plumbing and building pennits.
.02 The OWner will obtain and pay for allpennits,ticenses,and :certlficates:solely,.required.for Project
approval. . '
GC 4.03
'Management~lnd Disposition of Materials
.01 ' ' The OWner will identify In the Contract Documents the materials to be moved within or removed from.
Ihe WorklngArea, and any characteristics' of.thosematerlalswhich will necessitate special materials
management and disposition.
" .. ';02 'Inacl::oriiance'wiIhTegulalions underlhe OCCUpational Heatthand;S8fetyAct; R:S.O."1990; c.O.1, as '
amended, Ihe OWner advises !hat
a) Ihe designated substances silica, lead and arsenic are generally present Ihroughout the Working
Area occurring naturally or as a result of vehicle emissions;
b) the designated substance asbestos is present in asbestos conduits for utifities;
c).the 'fOllowing: hazardous' materiais are ,ordinarily present in construction' aclivilies:'limestone,
gypsum, marble, mica and Portland cement; and
d) exposure 'to 1hese . substances' may .occur as"a result ofaclivllias by the Contractor such as
sweeping, grinding, CNShing,driUing, blasting; cutting and abrasive blasting. '
.03 The OWner will identify In the Contract Documents any designated substanoes or hazardous
materials other lhan those identified above and their location in Ihe Working Area.
.04 If the OWner or COhbactot discoverS or, is advised.of ,the' pi esence,.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<tD'.paragraph.GC,4,03:03;1I1(In"verbal notice will be
provided to the other party immedlately with written confirmation within 2 Days. The Contractor will
stop work in the area 'immedlately and will determine the necessry steps required to complete Ihe
work in accordance with applicable legislation and regulation.
.05 The OWner win 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 lhat
could not have been reasonably foreseen at !he time of tendering. All work under lhiS 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 ooder the Workplace Hazardous Materials Infonnalion System or WHMIS, which Ihe
OWner will supply or use on the Contract. togeIher with copies of the Materials Safety Data Sheets for
tt-. products. All containel1l used In the eppIlcation of products controlled under WHMIS shaH be
labelled. The Owner will notify the CoBb lIdIlr In wrlting of chang8s to the 1st and provide relevant
Material Safety Data Sheets.
0P8 GenereI Cond.a-. 01 eonnct. IIJltlrn.1188
"-17
GC 4.04
Construction Affecting Railway Property
.01 The OWner will pay !he costs of all flagging and other traffic control measures required and provided
by !he railway company unless such costs are solely a function of !he Contractor's chosen me!hod of
completing the Work.
GC 4.05
Default by the Contractor
.01 The Contractor shall be in default of the Contract if,
a) !he Contractor fajls to commence !he Work or execute !he Work properly or otherwise fails to
comply with !he requirements of the Contract to a substantial degree; or
b) if !he Contractor is adjudged bankrupt or makes a general assignment for !he benefit of creditors
because of insolvency or if a receiver is appointed because of insolvency. '
GC.<4,96 Notification of Default
"~_::~~
.01','#00 OWner will give written notice of a default to !he Contractor as soon as !he OWner becomes
. aware of !he alleged default but failure to give such notice In a timely way shall not constitute
condonation of !he default The notice will Include instructions to correct !he default within 5 Working
Days.
GC 4.07
Contractor's Right to Correct a Default
.01 The Contractor shall have the right within !he 5 full Working Days following !he receipt of a notice of
default to correct !he default and provide the OWner with satisfactory proof !hat appropriate corrective
measures have been taken.
.02 If !he correction of !he default cannot be completed within !he 5 full Working Days foftowing receipt of
!he notice, the Contractor shall not be in default if the Contractor,
a) commences !he correction of !he default within the 5 full Working Days following receipt of the
notice;
b) provides !he OWner with an acceptable schedule for the progress of such correction; end
c) completes the correction in accordance with such schedule.
GC 4.G8
Owner'a RIght to Correct Default
.01 If the Contractor fails to correct !he default within !he time specified in subsection GC 4.07,
d~pntractor's Right to Correct a Default, or subsequently agreed upon, !he OWner, without prejudice to
' ,a,ny other right or remedy the OWner may have, may correct such default and deduct the cost !hereof,
as certified by the Contract Administrator, from any payment !hen or thereafter due to the Contractor.
GC 4.G9
Tennlnation of Contractor's RIght to Continue the Work
.01 Where !he Contractor fails to correct a defaull within !he time specified in subsection GC 4.07,
Contractor's Right to Correct a Default, or subsequently agreed upon, the OWner, wilhout prejudice to
any other right or remedY !he Owner may have, may tenninate the Contractor's right to continue !he
Work In whole or in part by giving written notice to the Contractor.
.02 If the OWner tenninates the Contractor's right to continue with !he Work in whole or in part, !he OWner
will be entitled to,
a) take possession of !he Working Area or !hat portion of the Working Area devoted to !hat part of !he
Work tenninated;
b) utllize the Equipment of the Contractor and any Material within the Working Area which Is Intended
to be InooIporated Into the Work, the whole subject to !he right of !hlrd parties;
c) withhotd further payments to !he Contractor with respect to !he Work or the portion of !he Work
withdrawn from the Contractor until the Work or portion !hereof withdrawn Is completed;
~'8
0P8 GenereI CondIUDnI _ Contract. Ilpllnlber 1889
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d) charge !he Contractor !he additional cost over the Contract price of completing !he Work or portion
therilof withdrawn from the Contractor, as certified by the Contract Administrator and any
additional compensation paid to !he Contract Administrator for such additional service ariSing from
the correction of the default;
e) charge the Contractor a reasonable allowance, as determined by !he Contract Administrator, to
cover correction to the Work perfonned by !he Contractor !hat may be required under subsection
GC 7.15, Warranty;
f) charge !he Contractor for any damages !he Owner may have sustained as a result of !he default;
and
g) charge !he Contractor !he amount by which !he cost of corrections to !he Work under subsection
'GC 7.15, Warranty, exceeds !he allowance provided for such corrections.
GC4.10
Final Payment to Contractor
.01 If !he Owner's cost to correct and complete !he Work in ,whole or in part, is less !han the amount
withheld '. from the Contractorundersubsection"GC,4.09;:Tennination-.of.,,:Contractor's Right to
Continue !he Work,'!he OWner will pay the'balance to:the.Contractorsssoan)lS !he final accounting
for the Contract is complete.
GC 4.11
Tennlnatlon of the Contract
.01 Where !he Contractor is In default of the Contract the OWner may, without prejudice to anyolher right
or remedy the OWner may have, 1ennlnate the Contract by gililngwritten notice of tennination to !he
Contractor, !he 'Surety and 'any 1rustee'or receiver acting on behalf of, . the Contractor's. estate or
creditors.
.02 If the OWner elects to tenninate the Contract the Owner will provide the Contractor and the trustee or
receiver with a complete accounting to !he date of tennination.
GC4.12
ContInuation of Contractor's Obligations
.01 The Contractor's obligation under !he Contract as toqualityr correction and warranty of the Work
perfonned prior to !he time of tennlnation of !he Contract or tennlnation of the Contractor's right to
continue with !he Work In whole or in part shall continue to be In force after such termination.
GC4.13
Use of Perfonnance Bond
.01 If !he Contractor is in default of the Contract and the Contractor,t1as'provideda Perfonmance Bond,
!he provisions of !his Section shall be exercised'in accordance with the conditions of !he Performance
Bond.
OPS -... CondIlIoo. c1Can1dCll. 1.,1 ,1>.11.
"-111
GC 5.01
SECTION GC 5.0 - MATERIAL
Supply of Material
.01 All Material necessary for the proper completion of !he Work, except !hat listed as being supplied by
!he Owner, shall be supplied by !he Contractor. The Contract price for !he appropriate tender items
shall be deemed to include full compensation for !he supply of such Material.
,
GC 5.02
Quality of Material
.01 All Material supptied by !he Contractor shall be new or unless o!helWise specified in the Contract
Documents.
.02 Material supplied by the Contractor shall confonn to !he requirements of !he Contract.
.03 As specified or as requested by !he Contract Administrator, !he Contractor shall make available for
,;iQspection or testing a sample of any Material to be supplied by !he Contractor.",
.....,.....
.04 ,The Contractor shall obtain for !he Contract Administrator the right to enter upon !he premises of !he
Material manufacturer, or suppfl8r to carry out such inspection, sampling and testing as specified or a
~ requested by !he Contract Administrator.
~. ";
.05 The Contractor shall notify the Contract Administrator of !he sources of supply sufficlently in advance
,. of !he Material shipping dates to enable !he Contract Administrator to perlonn !he required inspection,
'''sampling and testing.
.06 The OWner will not be responsible for any delays to !he Contractor's operations where the Contractor
fails to give sufficient advance notice to !he Contract Administrator to enable !he Contract
Administrator to carry out !he required inspection, sampling and testing before !he scheduled shipping
date.
.07 The Contractor shall not change !he source of supply of any Material wiIhout the written authorization
of !he Contract Administrator.
.08' Material which is not specified shall be of a quality best suited to !he purpose required and !he use of
such Material shall be subject to the approval of !he Contract Administrator.
GC ~ ' Rejected Material
.!f..
'." ,.
.01 R~ected Material shall be removed from the Working Area expeditiously after !he notification to !hat
Elf:fect from the Contract Administrator. Where !he Contractor falls to comply wiIh such notice !he
Contract Administrator may cause the rejected Material to be removed from !he Working Area and
disposed of in what !he Contract Administrator considers to be the most appropriate manner and !he
Contractor shall pay the costs of disposal and !he appropriate overhead charges.
GC 6.04
Substitutions
.01 Where !he specifications require the Contractor to supply a Material designated by a trade or oIher
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 !he speclfication. After the acceptance of the Tender,
!he Contractor may apply to the Contract Administrator to substitute anolher Material Identified by a
different trade or other name for the Material designated as aforesaid. The eppJication shall be in
writing and shall state the price for !he proposed substitute Material designated as aforesaid, and
such oIher information as the Contract Administrator may require.
Poge20
OPS 0enen0I c.......... cI ColInc:I. 8epIomber 1.
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.02 Rulings on a proposed substitution will not be made prior to !he acceptance of the Tender.
Substitutions shall not be made without !he prior approval of the Contract Administrator. The
approval or rejection of a proposed substitution will be made at the discretion of !he Contract
Administrator.
.03 ' If !he proposed substitution is approved by !he Contract Administrator, !he Contractor shall be entiUed
to !he first $1000 of !he 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 !he
, ' Contractor in writing or by issuance of a Certificate of Equality on the OWner's standard fonn of
, "Certification of Equarrty" and, if any adjustment lD !he Contract price, is made by reason of such
substitution a Change Order shall be issued as well.
GC 5.05
GC 5.05.01
Owner Supplied Material
Ordering of Excess Material
.01 Where Material is supplied by !he OWner'and where this MaterlaUsiOrdered;by the Contractor in
excess of !he amount specified to complete the Work;;:such~excess.Matelial shall become !he
property of !he Contractor on completion of the Work and shall be charged to !he Contractor at cost
plus applicable overheads.
GC 5.05.02
Care of Material
. .01 . The Contractor shall; in advance of receipt of shipments of Materlalsupplied by the OWner, provide,
, adequate and proper storage facilities acceptable to !he Contract Administrator, and on !he 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 !he
specified delivery point and for its safe handHng and storage. If such Material is damaged while
, under. the control of !he Contractor it shall be replaced or repaired by !he Contractor at no 8lqlense to
the OWner, and to !he 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 !he risk of the Contractor unbl its disposition has been detennined by !he Contract
Administrator.
.03 Where Material supplied by the Owner arrives at !he delivery point in a damaged condition or where
there are discrepancies between !he quantities received and,1he ,:quantlllesshown on the bills of
lading, the Contractor shall immediately, report such damage or disClepancles to the Contract
Administrator who shall alT8nge for an' ,immediate Inspection ,of ,the:~shiplnent and provide !he
Contractor with a written release frornresponsibility for such damage onleficlencies. Where damage
or deficiencies are not so reported it will be assumed !hat the shipment arrived in good order and any
damage or deficiencies reported !hereafter 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 !he written pennission of the Contract Administrator, be used by !he Contractor
for purposes olher !han !he perfonnance of the Work under the Contract.
.05 Empty reels, crates, containers and other type of packaging from Material supplied by the Owner
shall become the property of the Contractor when they are no longer required for their original
purpose and shall be disposed of by the Contractor unless otherwise specilled in the Contract
Documents.
OPS o.n.r.t Cal_. cI ConlNcI". ,..., 1.
~2'
.06 The Contractor shall provide !he Contract Administrator, immediately upon receipt of each shipmen~
copies of bills of lading, or such o!her documentation !he Contract Administrator may require to
substantiate and reconcile !he quantities of Material received.
.07 Where Material supplied by !he Owner is ordered and stockpiled prior to !he award of the Contract,
!he Contractor shall, at no extra cost to the OWner, immediately upon commencement of operations,
check !he Material, report any damage or deficiencies to !he Contract Administrator and take charge
of !he Material at !he stockpile site. Where damage or deficiencies are not so recorded by the
Contractor it shall be assumed !hat !he stockpile was In good order when the Contractor took charge
of it and any damage or deficiencies reported thereafter shall be made good by the Contractor at no
extra cost to the OWner.
''';;'',.-
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P_22
OPS 0.-.1 Cond_ c1~. ".'iber 1.
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SECTION GC 6.0 -INSURANCE, PROTECTION AND DAMAGE
GC 6.01
Protection of Work, Pel'&ons and Property
.01 The Contractor, !he Contractor's agents and all workers employed by or under the control of !he
Contractor, including Subcontractors, shall protect !he Work, persons and property from damage or
injury, and shall be responsible for all losses and damage which may arise as !he result of !he
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 !he
restoration of all damage where the Contractor damages !he Work or property in the perfonnance of
!he Contract. If !he Contractor is not responsible for !he damage !hat occurs to !he Work or property
!he Contractor shall restore such damage, and such work shall be administered according to !hese
General Conditions.
.03 The Contractor shall immediately 1nform.!he.ContractAdministratorofall~damage and Injuries which
occur during !he tenn of the Contract.
.04 The Contractor shall not be responsible for loss and damage1hat occurs as a result of,
a) war;
b) blockades and civil commotions;
c) errors In the Contract Documents; or
d) acts or omissions of theOWnet, the Contract Administrator, !heir agents and emp~, .orothers'
not under the control of the Contractor, but within the Working Area with the OWner's pennission.
.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 !he
OWner except by a release duly executed by !he OWner.
GC 6.02
tndemnlflC8tion
.01 The Contractor shall indemnify and hold hannless 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 !hird parties, hereinafter called "claIms", directly or
indirectly arising or aUeged to arise out of the perfonmance of or the failure to perfonn the Work,
provided such claims are,
a) atbibutable to bodily Injury, sickness. disease, or dea!h or to damage to or destruction of tangible
property;
b) caused by negligent acts or omissionS ofthe;Contraclor oranyone.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 Perfonnance of the Work or, where so specified In !he
Contract from the date of certification of Rnal Acceptance.
.02 The Contractor shall indemnify and hold hannless !he OWner from aft and every claim for damages,
royalties or fees for !he infringement of any patented Invention or copyright occasioned by !he
Contractor in connection with !he Work perfonned or Material furnished by !he Co! ,b actor under !he
Contract.
.03 The Owner expressly waives !he 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 hannIess the Contractor, his agents, oflioer& and employees
from and against aU claims, demands, losses, expenses, COlts, damages, actions, suits, or
proceedings arising out of !he Coc,bllCtol's perfonnanoe of !he Contract which _ atb1bUlllble to a
lack of or defect In title or an alleged lack of or defect In title to !he Working Area.
OPSOenonIICond_c1~-8.p*,_1.
... 23
.05 The Contractor expressly waives !he right to indemnity for claims oIher !han !hose stated above in
paragraph GC 6.02.04.
GC 6.03
GC 6.03.01
Contractor's Insurance
General
.01 Without restricting the generality of subsection GC 6.02, Indemnification, !he Contractor shall provide,
maintain and pay for !he insurance coverages listed under clauses GC 6.03.02 and GC 6.03.03.
Insurance coverage in clauses GC 6.03.04, GC 6.03.05 and GC 6.03.06 will only apply when so
specified in !he Contract Documents.
GC 6.03.02
General Uabllity Insurance
.~
.01 General liability insurance shall be in !he name of !he Contractor, with !he OWner and !he Contract
'~~rninistrator named as additional insureds, with limits of not less !han 5 miIRon:dollars inclusive per
,~rrence for bodily injury, dea!h, and damage to property including loss ot.use thereof, with a
'P,t9perty damage deductible of not rnore lhan $5000. The fonn of !his inSurance shall be !he
I.'lsurance Bureau of Canada Fonn IBe 2100, dated 8-87. '
.02 + Anolher fonn of insurance equal to or better !han !hat required in IBC Form 2100 may be used,
provided all !he requirements listed in !he Contract are included. Approval of !his insurance will be
conditional upon the Contractor obtaining the services of an insurer licensed to underwrite insurance
in !he Province of Ontario and obtaining !he insurer's certificate of equivalency to !he required
insurance.
".f
.03 The Insurance shall be maintained continuously from !he commencement of the Work unt1l12 mon!hs
following !he date of Substantial Performance of the Work, as set out in the Certificate of SUbstantial
Performance of !he Work, or until !he Final Acceptance Certificate is issued, whichever is later, and
with respect to completed operations coverage for a period of not less !han 24 mon!hs from the date
of Final Acceptance of !he Work as set out in !he 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 !he Contractor fails to do so, the limitation period for claiming indemnity described in
paragraph GC 6.02.01 c), wll not be binding on !he OWner.
.05 Sbould!he Contractor decide not to employ Subcontractors for operations requiring !he use of
el!i>1osives for blasting, or pile driving or caisson work, or removal or weakening of support Of property
qt.i!lding or land, IBC Fonn 2100 as required shall include the appropriate endorsements.
+l.,~'
.06 The policies shall be endorsed to provide the OWner with not less !han 30 Days' written notice In
advance of cancellation, change or amendment restricting coverage.
.07 "Claims Made" insurance policies will !lot be pennilted.
GC 6.03.03
Automobile Uablllty Insurance
.01 Automobile liability insurance in respect of licensed vehicles shall have limits of not less lhan 5 million
dollarsincluslve per occurrenoe for bodily Injury, dea!h and damage to property, In !he following fonns
endorsed to provide !he Owner with not less !han 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'8 fonn automobile policy providing !hii'd party liability and accident benefits
Insurance and covering licensed vehicles owned or operated by !he Contractor.
~24
OPe 0eneraI Condlllons cI ~ _ .......,.... 1889
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GC 6.03.G4
Aircraft and Watercraft liability Insurance
.01 Aircraft and watercraft fiability insurance with respect to owned or llOlKlWI1ed aircraft and watercraft if
used directly or indirectly in the performance of !he Work, including use of additional premises, shall
be subject to limits of not less Ihan 5 million dollars Inclusive per occurrence for bodily injury, dea!h,
and damage to property including loss of use !hereof, and limits of, not less !han 5 million dollars for
aircraft passenger hazard. 'Such insurance shall be in a fonn acceptable to !he OWner. The policies
shall be endorsed to provide the OWner with not less !han 30 Days' written notice in advance of
cancellation. change or amendment restricting coverage.
GC 6.03.05
GC &.03.05.01
Property and Boller Insurance
Property Insurance
. .01'" All risks property insurance shall be In the name of !he,Contractor.,,,Ni!hJhe.awner,and!he Contract
Administrator named ' as . additional insureds.insuring'not,: 1ess:.Ihan;,lhe-:sum.'Ofthe ,amount of the
Contract price and the full value, as may..be,slated-in .1he..supplemental.GeneraLConditions, of
,Material :lhat is specified to beprovide(Lby;!he"OWrier;::tor.ilncorporation~'jntothe.Work, with a
deductible not exceeding 1 % of the amount insured at the site of the Worle. This insurance shall be In
,; afonn acceptable to the OWner and shaUbe maintained continuously until ,10 Days. after. the date of
Final Acceptance of the Work, as set out in the FInal Acceptance Certificate. '
GC 6.03.05.02
Boller Insurance
, . '.01 "Boiler insurance insiJrlnsr!he Interests of !he Contractor; !he OWner:and !he Contract Administrator for
not less lhan !he replacement value of boilers and pressure vessels. forming part.ot the Work, shall be
in a fonn acceptable to the OWner. This insurance 'shall be maintained continuously from
commencement of use or operation of !he property insured until 10 Days after the date of Final
Acceptance of !he Work, as set out in the Fmal Acceptance Certificate.
, GC &.03.05.03 '
Use and Occupancy of the Work'PrIorto Completlon
.01 Should !he OWner wish 10 use or occupy part or all of the Work prior.to SUbstantial Perfonnance, !he
OWner will 'give 3O'Osys'writteri notioe1othe'Co"bactor of the, Intended purpose and extent of such
use or occupancy. Prior to such use or occupancy !he Cu.lt.actor shall notify the OWner in writing of
the additional premium cost, if any, to maintaIn property and boiler insurance, which shall be at !he
OWner's expense. If because of such use or occupancy the Conbaclllr Is unable to provide
coverage, the OWner upon written notioe from the. Contractor-and prlor--.lD:sucl:t use or, occupancy
shall provide, maintain and pay for property and .boIler.insurance,insuring.lhEifull value of the Work,
including coverage for such use or occupancy. and shall, provide the -contJactor .with proof of such
insurance: ' The Contractor shall refund to the Owner the unearned .premiums applicable to !he
Contractor's policies upon tennination of coverage.
.02 The policies shal provide !hat, in the event of a loss or damage. payment shall be made to the OWner
and the Contractor as !heir respective interests may appear. The Contractor shall act on behalf of
bo!h the OWner and the CoI,bactor for the purpose of adjusting the amount of such loss or damage
payment with !he insurers. When the extent of !he loss or damage Is determined !he Contractor shall
proceed to restore the Work. Loss or damage shall not affect the rights and obligations of either party
under the Contract except !hat the Contractor shall be enlitled to such reasonable extension of
Contract Time reIaliveto the extent of the loss or damage as !he Contract Admlr.istIetor may decide
in consultation with the Contractor.
OPSGener8lCal_.c1~.~1 ,.......1.
P_Z5
GC 6.03.05.04
Payment for Loss or Damage
.01 The Contractor shall be entitled to receive from !he OWner, in addition to !he amount due under !he
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 !he Work proceeds and in accordance with !he
requirements of Section GC 8.0, Measurement and Payment In addition !he Contractor shall be
entitled to receive from the payments made by !he insurers !he amount of !he Contractor's interest in
!he restoration of the Work.
.02 The Contractor shall be responsible for deductible amounts under !he policies except where such
amounts may be excluded from !he Contractor's responsibility by !he tenns of !his Contract.
.03 In !he event of a loss or damage to the Work arising from !he action or omission of the Owner or
o!hers. !he Owner shall pay the Contractor the cost of restoring !he Work as !he 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
!he Contractor for the performance of !he Work, including boiler insurance on temporary boilers and
pressure vessels, shall be In a fonn acceptable to the OWner and shall not allow subrogation claims
by the insurer against !he OWner. The policies shall be endorsed to provide !he OWner with not less
!han 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 !he
Contractor's Equipment, !he OWner agrees to waive the equipment insurance requirement and for
!he purpose of this Contract, the Contractor shall be deemed to be insured. This policy shall be
amended to provide pennission for !he Contractor to grant prior releases with respect to damage to
the Contractor's Equipment
GC &.03.07
Insurance Requirements and Duration
.01 Unless specified oIherwise the duration of each insurance policy shall be from !he date of
commencement of the Work until 10 Days after !he date of Final Acceptance of the Work, as set out
in the Final Acceptance CeItificate.
.02 The Contractor shaft provide the OWner, on a fonn acceptable to the OWner, proof of insurance prior
to commencement of the Work, and signed by an officer of the Contractor and either the underwriter
or the broker.
.03 The Contractor shall, on request, promptly provide the OWner with a certified true copy of each
insurance policy exclusive of infonnation pertaining to premium or premium bases used by !he insurer
to detennine the cost of the insurance. The certified true copy shall include a signature by an officer
of !he Contractor and In addition, a signature by an officer of the Insurer or !he underwriter or !he
broker.
.04 Where a policy ls renewed the Contractor shall provide !he OWner, on a fonn acceptable to !he
OWner, renewed proof of insurance immediately following completion of renewal.
.05 Unless specified otherwise !he Contractor shall be responsible for the payment of deductible amounts
under the policies.
.06 If the Contractor fails to provide or maintain insurance as raqulred in subsection GC 6.03,
Contractor's Insurance, or elsewhera in the Contract Documents, then !he Owner will have the right to
provide and maintain such insurance end give evidence !hereof to the Contractor. The OWner's cost
thereof shall be payable by the Contractor to the OWner on demand.
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.07 If the Contractor falls to pay the cost of !he insurance plaoed by !he Owner within 30 Days of !he date
on whiCh the OWner made a formal demand for reimbursement of such costs !he Owner may deduct
!he costs !hereof from monies which are due or may become due to the Contractor.
GC 6.04
Bonding
.01 The Contractor shall provide !he OWner with !he surety bonds in !he amount required by !he tender
documents.
;02' Such bonds shall be issued by"a duly licensed surety company authorized to transact a business of
suretyship in !he Province of Ontario and shall be maintained in good standing until !he fulfilment of
the Contract.
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SEcnON GC 7.0 - CONTRACTOR'S RESPONSIBIUTlES AND CONTROL OF THE WORK
GC 7.01
General
.01 The Contractor warrants !hat !he site of !he Work has been visited during !he preparation of the
Tender and !he character of !he Work and all local conditions which may affect the perfonnance of
!he Work are known.
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.02 The Contractor shall not commence !he Work nor deliver anylhing to !he Working Area until !he
. Contractor has received a written order to commence !he Work, signed by !he Contract Administrator.
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.03 The Contractor shall have complete control of !he Work and shall effectively direct and supervise !he
Work so as to ensure confonnity wi!h the Contract Documents. The Contractor shall be responsible
for construction means. methods, techniques, sequences and procedures and for COOrdinating the
va~ous parts of the Work.
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.04 The Contractor shall have the sole responsibility for !he design, erection, operation, maintenance and
,..~oval of temporary structures and o!her temporary facilities and the design and execution of
.i~truction me!hods required in their use.
.0S'.Notwithstandlng paragraph GC 7.01.04, where !he Contract Documents include designs for
temporary structures and oIher temporary faCIlities or specify a melhod of construction in whole or
part, such facilities and melhods shall be considered to be part of the design of the Work, and the
Contractor shall not, be held responsible for !hat part of !he design or the speclfied method of
construction. The Contractor shall, however, be responsible for !he execution of such design or
specified me!hod of construction in !he same manner !hat the Contractor is responsible for !he
execution of the Work.
.06 The Contractor shall execute !he tenns of the Contract in strict compliance with the requirements of
!he Occupational Health and Safety Act, R.S.O. 1990, c.O.1 (the "Act") and Ontario Regulation
213/91 (which regulates Construction Projects) and any oIher regulations under !he Act (!he
"Regulations; which may affect the perfonnance of !he Work, as the "constructor" or "employer", as
defined by !he Act, as !he case may be. The Contractor shall ensure !hat
a) worker safety is given first prioritY in planning, pricing and perfonning !he Work;
b) its officers and SUpervisory employees have a working knowledge of the duties of a "constructor"
and "employer" as defined by !he Act and !he provisions of !he Regulations applicable to !he Work,
and a personal commitment to comply with !hem;
c)" a copy of the most current version of !he Act and !he Regulations are available at the Contractor's
.' office within the Working Area. or, in !he absence of an office, in !he possession of !he supervisor
,:responsible for the performance of the Work; , . .
,dJ:workers employed to carry out !he Work possess the knowledge, skUls and protective devIceS
'required by law or recommended for use by a recognized industry association to allow !hem to
work in safety;
e) its supervisory employees carry out !heir duties in a diligent and responsible manner with due
consideration for the health and safety of the workers; and
f) all Subcontractors and !heir employees are properly protected from injury while !hey are at !he
work place.
.07 The Contractor when requested shall provide the Owner wIIh a copy of its heal!h and safely policy
and program at !he pre.start meeting, and shall respond promptly to requests from !he Owner for
confinnation !hat its methods and procedures for carrying out !he Work comply with !he Act and
Regulations. The Contractor shall cooperate with representatives of the OWner and inspectors
appointed to enforce the Act and !he Regulations in any investigations of worker health and safety in
!he performance of !he Work. The Contractor shall Indemnify end save the OWner hannless from any
addltionel expense which the Owner may incur to have !he Work performed as a result of !he
Contractor's failure to comply with !he requirements of the Act and the Regulations.
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.08 Prior to commencement of the Work !he Contractor shall provide to the Contract Administrator a list of
!hose products controUed under the Workplace Hazardous Materials Infonnalion System or WHM1S,
which the Contractor expects to use on !he Contract. Related Materials safety Data Sheets shall
accompany tl1e submission. All containers used in tl1e application of products controlled under
WHMIS shall be labelled. The Contractor shall notify !he Contractor Administrator of changes in
writing and provide relevant Material Safety Data Sheets.
.09 The Contractor shall have an authorized representative on !he site while any work is being perfonned,
to act for or'on !he Contractor's behalf. Prior to commencement of construction, the Contractor ~hall
, notify !he Contract Administrator of the names;-addresses.. positions and, telephone numbers of.!he
Contractor's representatives who can be contacted at any time to dealwi!h matters relating to !he
Contract.
'.10 The Contractor shall;-atno'sdditional cost .to'!he OWner; fumish all reasonable aid.. facilities and
'assistance required'by the Contract Adminislratorfor!he:-proper inspection and examination of the
, Work or !he taking of measurements forthe'PUrpose'Of'paymenl ' ' - '
.11 The Contractor shall prepare, and update as required. a,constnJclionschedule'indicating !he timing of
the major and crilicalactivitieS of the Work.' The schedule'shall be designed to ensure confonnity
with !he specified Contract Time. The schedule shall be submitted to . !he Contract Adm.inistrator
within 14 Days from the date of the Contract award.
.12 where the Contractor finds any error, inconsistency or omission relating to the Contract, !he
., Contractor'~hall promptly.report It to !he ,ConlractAdministrator and shall not proceed with !he activity
affected untilrecelvinglllrection from the Contract Admini$b ator.
.13 The Contractor shall arrange with the appropriate utility authorities for !he stake out of all
underground utilitieS and service connections which may be affected by !he Work. The Contractor
shall be responsible for any damage done to !he underground utilities by the Contractor's forces
during construction if !he stake out locations are within 'tl1e toierances . given in' paragraph GC
2.01.01 a).
GC 7.02
Layout
.01 . Prior to commencement of construction,'the Contract AdministratDr 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 banfwhile the Work is In
progress. except !hose property bars which' must be removed. to.facllitate:the Work. Any other
property bars distUrbed, damaged or removed by the Collb ....tuf's operations.ShalI be replaced by an
Ontario Land Surveyor, at the Contractor's expense.
.03 At. no extra cost to the OWner,the Contractor shall provide the Contract Administrator with such
materials and devices as may be necessary to layout !he baseline and benchmarks, and as may be
necessary for the inspection of the Work.
.04 The Contractor shall provide qualfled personnel to lay out and establish all fines 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 end maintain substantial alignment markers and secondary benchmarks
as may be required for the proper execution of the Work. The CUllb....h./' shall supply one copy of all
alignment and grade 8heets to !he Contract Administrator.
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.06 The Contractor shall assume full responsibility for alignment, elevations and dimensions of each and
all parts of !he Work, regardless of whe!her !he Contractor's layout work has been checked by !he
Contract Administrator.
.07 All stakes, marks and reference points provided by !he Contract Administrator shall be carefully
preserved by !he Contractor. In the case of !heir destruction or removal as a result of !he Contractor's
operations, such stakes, marks and reference points will be replaced by !he Contract Administrator at
!he Contractor's expense.
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GC-7.03
Damage by Vehicles or Other Equipment
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.01 If at any time, in !he opinion of !he Contract Administrator, damage is being done or is likely to be,
. done to any Roadway or any improvement !hereon, outside !he Working Area, by !he Contractor's
' vehicles or o!her equipment, whelher licensed or unlicensed equipment, the Contractor shall, on !he
direction of !he Contract Administrator, and at no extra cost to !he OWner, make changes or
,:silbstitutions for such vehicles or equipment, and shall alter loadings, or in Some other manner,
'r$fnove !he cause of such damage to !he satisfaction of !he Contract Administrator.
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GC 7.G4
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, !he Contractor shall not cause or pennit
such vehicle to be loaded beyond !he legal limit specified in the Highway Traffic Act, R.S.O. 1990,
c.H.8, as amended,wheIher such vehicle is registered in the name of the Contractor or oIherwise,
'except where !here are designated areas within !he 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 !he Working Area in a tidy condition and free from !he accumulation of
debris, oIher lhan !hat caused by !he OWner or others.
GC 7.06
MaIntaining Roadways and Detours
.01 Whl!re an existing Roadway is affecled by construction, It shall be kept open to traffic, and !he
Contractor shall, except as otherwise provided in !his subsection. be responsible for providing and
maintaining for !he duration of the Work, a road !hrough !he Working Area, whelher along an existing
H,ighway, including !he road under construction, or on detours within or adjaoent to !he Highway, in
accordance with the MUTeD.
.02 ~-Contractor shall not be required to maintain a road !hrough !he Working Area until such time as
!he Contractor has commenced operations or during seasonal shut down or on any part of !he
Contract !hat 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 !he Highway only are affected by the Contractor's
operations, the Contractor will not be required to maintain intervening sections of the Highway until
such times as these sections are located within the limits of the Highway affected by !he Contractor's
general operations under the Contract.
.04 Where !he Contract Documents provide for or the Contract Administrator requires detours at specific
Iocatlot IS, payment for the construction of !he detours, and If required, for the sUbsequent removal of
the detours, will be made at the Contract prices appropriate to such work.
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.05 The Contractor shall maintain, in a satisfactory condition for traffic, a road !hrough !he Working Area,
at !he OWner's expense. The road !hrough !he WOrking Area will include any detour constructed in
accordance with the Contract Documents or required by !he Contract Administrator. Compensation
for all labour, equipment and materials to do !his work shall be at the Contract prices appropriate to
the work and; where !here are no such prices, at negotiated prices. Notwithstanding !he foregoing,
!he cost of blading required to maintain !he surface of such roads and detours shall be deemed to be
included in the prices bid for the various tender items and no additional payment will be made.
.06' 'Where work under !he 'Contract is discontinued for any extended' period including seasonalshutdown,
'!he Contractor shall, when directed by the Contract Administrator, open and place !he Roadway and
detours in a passable, safe and satisfactory condition for public travel.
.07 Where !he Contractor constructs a detour which is not specifically provided for in !he Contract
Documents; or required by the'ContracfAdministrator, the construction of !he detour and, If required,
!he subsequent'removal shall be performed at'!he,Contractor's expense." ,The detour shall be
constructed and maintained tostrui:tunll"arfd :geometricstaodartJs;:lIP~ by .the Contract
Administrator. Removal and site restoration':shalL>bepedonned.:ascdiliCtedby !he Contract
Administrator.
:08 ,Where, with the prior written approVal of !he Contract,Admlnistrator; the Highway Is closed and !he
'traffic diverted enlirelyoff the Highway to anyo!her HighWay, !he Contractor shal~ at no extra cost to
!he Owner; supply, 'erect and maintain'traffic control devices in aCOCirdance with the MUTCD.
.09 eomprl8nce with !he foregoing provisions shall in no way relleile!he Contractor of obligations under
, ',- subseclionGC'6.0t;'Protection 'ilfWork,Persons" and"Property, deafing, with .!he Contractor's
responsibility for damage claims, except for claims arising . on sections of HighWay wllhin!he Working
Area !hat 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 selVIces
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 Alf1a.
.03 Where any interruptions in the supply of,Utilityservices are 'requirecLand ,.are authorized by the
Contract Administrator, the Contractorshail give the affected property owners notice in accordance
with subsection GC 7.11, Notices by !he Contractor, and shall arrange such interruptions so as to
a-eate a minimum of Interference to !hose affected.
GC 7.08
Approvals and Pennlts
.01 Except as specified In subsection GC 4.02. Approval and Permits, the Contractor shall oblain and pay
for any pennits, licenses" and certificates which at the date of tender closing, are required for the
perfonnanceoftheWork.
.02 The Contractor shall arrange for all necessary inspections required by !he approvals and pennits
specified in paragraph GC 7.08.01.
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GC 7.09
Suspension of Work
.01 The Contractor shall, upon written notice from !he Contract Administrator, discontinue or delay any or
all of !he Work and work shall not be resumed until the Contract Administrator so directs in writing.
Delays, in ~ese circumstances, will be administered according to subsection GC 3.08, Delays.
GC 7.10
Contractor's Right to Stop the Work or Tennlnate the Contract
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.01 If !he OWner is adjudged bankrupt or makes a general assignment for the benefit of creditors because
"of insolvency or if a receiver is appointed because of insolvency, !he Contractor may, without
prejudice to any o!her right or remedy !he Contractor may have, by giving the OWner or receiver or
trustee in bankruptcy written notice, tenninate !he Contract.
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.02 If !he Work is stopped or oIhelWise delayed for a period of 30 Days or more under an order of a court
or o!her public aulhority and provided !hat such order was not issued as !he result of an ect or fault of
. .;itt)!!Contractor or of anyone directly employed or engaged by !he Contractor",!he Contractor may,
'~ou~ prejudice to any other right or remedy !he Contractor may have, by giving the OWner written
, .~tice, tenninate !he Contract.
.03 The Contractor may notify !he OWner In writing, with a copy to the Contract Administrator, !hat the
OWner is in default of contractual obligations if,
a) !he 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) !he OWner violates !he requirements of the Contract
.04 The Contractor's written notice to !he OWner shall advise !hat if the default is not corrected in !he 7
Days immediately following the receipt of !he written notice !he CO..b.....1oI may, without prejudice to
any o!her right or remedy !he Contractor may have, stop the Work or tennlnate !he Contract
.05 If the Contractor tennlnates !he Contract under the conditions set out in !his subsection, !he
, Contractor shall be entitled to be paid for all work perfonned according to !he Contract Documents
and for any losses or damage as the Contractor may sustain as a result of the tennination of !he
Contract.
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GC 7 ~11
Notices by the Contractor
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.01 ~ work is carried out which may affect !he property or operations of any Ministry or agency of
government or any person, company, partnership or corporation, including a municipal corporation or
any board or commission thereof, and in addition to such notices of the commencement of specified
operations as are prescribed elsewhere in the Contract Documents, the Contractor shall give at least
48 hours advance written notice of the date of commencement of such work \0 the person, company,
partnership, corporation, board, or commission so affected.
.02 In !he case of damage to, or interference with any utilities, pole lines, pipe lines, conduits, fann tiles,
or other public or privately owned works or property, the Contractor shall immediately notify !he
OWner and !he Contract Administrator of the location and details of such damage or interference.
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GC 7.12
Obstructions
.01 Except as otherwise noted in Ihese General Conditions, the Contractor assumes all the risks and
responsibilities arising out of any obstruction encountered in !he performance of !he Work and any
traffic conditions, Including traffic conditions on any Highway or road giving access to !he Working
Area caused by such obstructions, and !he Contractor shall not make any claim against the OWner for
any loss, damage or expense occasioned !hereby.
:02 Where !he obstruction is 'a UtiUty or o!her man-made object, !he Contractor shall not be. required to,
assume the risks 'and responsibilities arising out of such obstruction, unless !he location of !he '.
obstruction is shown on !he plans or described in the specifications am:! !he location so shown is
within the tolerance specified in paragraph GC 2.01.01 a), or unless !he presence and location of the
obstruction has o!herwise been' made known to the Contractor or could have been detennined by !he
visual siteinvesligation made by !he ,Contractor in accordance with !hese General Conditions.
.03 During !he course of the Contract, it is!he'.collbca<.tor's'responslbllity;tctalnsult'With Utility companies
.. '; or o!herappropriate authorities for further:information'in ,regard :to;theexacl'toCation ,of !hese Utilities, '
to exercise the necessary care in construction'operations;-andio1ake 1lUch-ollier,precautions as are
necessary to safeguard the Ub1ity from damage.
GC7.13
UmJtatlons of Operations
.01 Except for such work as maybe required by !he Contract Administrator,to maintain the Work ina sate
and satisfactory condition, !he Contractor shall not carry on operations under !he Contract on
Sundays wI!hout permission in writing from the Contract Administrator.
.02 The Contractor shall cooperate with o!her Contractors, Utility companies and the Owner and !hey
shall be allowed access to !heir work or plant at all reasonable times.
GC 7.14
, Cleaning Up Before Acceptance
'.01 Upon attaining Substantial Perionnance of !he Work; the Contractor shall remove surplus, materials,
. tools, construction machinery and equipment not required for the perfonnance of the remaining WoIl<..
The Contractor shall also remove all temporary works and debris other !han lhat caused by the
Owner, or o!hers and leave !he Work and Working Area clean and suitable for occupancy by !he
OWner unless otherwise speclfied.
.02 The Work shall not be deemed to have reached Completiornmtil!he'Contractor has removed surplus
materials, tools, construction machineryand:'equipmenl The Contractor shall also have removed
debris, o!her lhan that caused by !he Owner, or others. '
GC 7.15
Warranty
.01 The Contractor shall be responsible for the proper performance of the Work only to !he extent !hat !he
design and speclfications pennit such performance.
.02 Subject to !he prevlousparagraph !he Contractor shall correct promptly, at no additional cost to !he
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 !he Certificate of Substantial Perfonnance of !he Work;
b) where the work is completed after the date of Substantial Perfonnance, 12 months after
Completion of the Work,
c) where there Is no Certlficate of Substantial Performance, 12 months from the date of Completion
of the Work as set out in the Completion Certificate, or
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d) such longer periods as may be specified for certain Materials or some of !he Work.
The .Contract Administrator will promptly give !he Contractor written notice of observed defects or
deficiencies.
.03 The Contractor shall correct or pay for damage resulting from corrections made under !he
requirements of paragraph GC 7.15.02.
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SECTION GC 8.0 - MEASUREMENT AND PAYMENT
GC 8.01
Measurement
GC 8.01.01
Quantities
.01 The Contract Administrator will make an estimate once a mon!h, in writing, of !he quantity of Work
performed. The first estimate will be the quantity of Work perfonned since !he Contractor
commenced theConlract,' and every subsequent estimate; except the final OIIe,will be of the quantity
of Work perfonned since !he preceding estimate was made. The Contract Administrator will provide
!he copy of each estimate to !he Contractor within 10 Days of the Cut.otf Date.
, '.02 ' Such quantities for progress payments- shall be construed and held to approximate. The final
"quantities for the issuance of ,!he Completion Certificate 'shall be based on !he measurement of Work
completed.
.03 'Measurement of . !he 'quantities 'of !heWork:-perfonned,wiUbe,'either:by;--ActuaI.Measurement or by
,. Plan 'Quantity principles as indicated in 1he'CorilJ'act:'~ Adjustments-,to:Plarl'filuantity measurements
qwill nonnally be made using Plan Quanlity"pririclples but may, 'where' appropriate, be made, using
Actual Measurements. Those' items- ideIltified on '1he'Tender bytl'!enotalion (P) in '!he unit column
-"'shallbe paid according'to !he Plan Quanlity.ttems 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 lhat !he quantity of Work to be done 'and/or Material to be supplied by !he
Contractor under a unit price tender item will exceed or be less !han !he tender quantity, !he
Contractor shall proceed to do !he Work and/or supply !he Material required to complete the tender
item and payment will be made for !he actual amount of Work done and/or Material supplied, at !he
unit prices stated in the Tender except as provided below:
a) ,.In the case of a Major item where !he quantity of Work performed and/or Material supplied by !he
Contractor exceeds !he tender quantity by more !han 15%. either party to the Contract may make
a written request to !he other partyto'negotlate a revised unit price for that portion of !he Work
perfonned and/or.Material supplied which exceeds 115% of !he tender quantity; The negotiation
shall be carried out as soon as reasonably possible. Any revision of !he unit price shall be based
on !he reasonable cost of doing !he Work and/or supplying !he Material under the tender item plus
a reasonable allowanoe for profit and applicable overtlead.
b) In !he case of a Major Item where !ha"quantity'otWo/tcperfonnedand/or'Material supplied by !he
Contractor is less than 85% of the tender'quanlity, the Contractor rnaymake a written i-equest to
negotiate for the portion of !he actual:,overheads'and. fixed ;cost!upplicabJe to !he amount of !he
underrun In excess of 15% of the tender quantity; For purposes of !he.negotiation, the overheads
and fixed costs applicable to !he item are deemed to have been prorated onifonnly over 100% of
the tender quantity for !he item. Overhead costs shaH be confirmed by a statement certified by !he
Contractor's senior financial officer or auditor and may be audited by the OWner. A1tematively,
where 'both parties agree, an allowance equal to 10% of the' unit price on !he amount of the
underrun in excess of 15% of the tender qusntitywill be paid.
Written requests for compensation must be received no later Ihan 60 Days after the issuance of !he
Completion Certificate.
GC 8.02
GC 8.02.01
Payment
Price for Work
.01 Prices for !he Work shall be full compensation for all labour, Elluipment and Material required In its
performance. The tenn "all labour, Equipment and Material" shall include Hand Tools, supplies and
other incidentals.
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.02 Payment for work not specifically detailed as part of anyone item and without specified details of
payment will be deemed to be included in !he items with which it is associated.
GC 8.02.02
Advance Payments for Material
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.01 The OWner will make advance payments for Material intended for incorporation in !he Work upon the
written request of !he Contractor and according to !he following tenns and conditions:
a) The Contractor shall, in advance of receipt of the shipment of !he Material, arrange for adequate
and proper storage facilities and notify !he Contract Administrator of !heir locations.
b) The value of aggregates, processed and stockpiled, shall be assessed by !he following procedure:
i. Sources other Than Commercial
(1) Granular 'A', 'B' and 'M' shall be assessed at !he rate of 60% of !he Contract price.
(2) Coarse and fine aggregates for hot mix asphaltic concrete, surface treatment and PorUand
cement concrete shall be assessed at !he rate of 25% of !he Contract price for each
.. aggregate stockpiled.
.;p..ii. . Commercial Sources
~,.. .
'r Payment for separated coarse and fine aggregates will be considered at, .f!1e 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 oIhelWise specified elsewhere in the Contract, shall be
based on !he invoice price, and the Contractor shall submit proof of cost to the Contract
Administrator before payment can be made by the OWner.
d) The payment for all Materials shall be prorated against the appropriate tender item by paying for
sufficient units of the item to cover !he value of the material. Such payment shall not exceed 80%
of the Contract price for !he item.
e) All Materials for which !he Contractor wishes to receive advance payment shall be placed in the
designated storage location immediately upon receipt of !he material and shalllhenceforth be held
by !he Contractor in trust for !he 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 !he Work, wIIhout 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, In1proper use or destruction of the material however caused.
"
.....
.02 'Where !he OWner makes advance payments subject to the conditions listed in paragraph GC
8.02.02.01, SUch payment shall not constitute acceptance of !he Material by the Owner. Acceptance
~II only be detennined when the material meets the requirements of the appropriate specification.
GC 8.02.03 Certfflcation and Payment
..
GC 8.02.03.01
Progress Payment Certificate
.01 The value of !he Work performed and Material supplied will be calculated once a mon!h 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) !he quantities of Work perfonned;
b) !he value of Work perfonned;
c) any advanced payment for Materials;
d) !he amount of statutory holdback, liens, OWner's set-off;
e) !he amount of GST as applicable; and
f) !he amount due the Contractor.
~36
OPS o.ne..J Concl_ cI ConIncl-lIejlle.._1.
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.03 One ~py of !he 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 !he Work has reached !he stage of Substantial Performance, the Contractor may notify !he
Contract Administrator, in writing !hat a subcontract is completed satisfactorily and ask !hat !he
Contract Administrator certify,1he completion of such subcontract.
.02 The Contract Administrator wi(lissue a Certificate of Subcontract Completion if !he subcontract has
been completed satisfactorily, and all requirecl,lnspection and testing of !he works covered by the ,
subcontract have been carried out and the results are satisfactory. ,
.03 The 'Contract Administrator will set out in !he CertificateofSUbcontlact.campletion !he date on which
,!he subcontract.was completedandwithin07' Days' of;thedate;!he:subcontract-Js certlfied'complete,
!he Contract Administrator will give a copy'ofthe,certificate"to:the,ContractoMlod 10 the SUbcontractor
concerned.
,GC 8.02.03.03
Subcontract Statutory Holdback Release Certificate and Payment
.01 FollOwing receipt of the Certif.cate of Subcontract Completion, !he OWner will release ,and pay the
Contractor the statutory holdback retained in respect of the subcontracLSuch reIe 8$8 shall., be made '
46 Days after !he'.date the subcontract ,was certified complete ,and providing ; the, Contractor"s\Jbmits
the following to the Contract AdministratOr.
a) a document satisfactory to !he'Contract Administrator !hat will release the OWner from aft further
claims relating to !he subcontract, qualified by stated exceptions such as holdback monies;
b) evidence satisfactory to the Contract Administrator !hat !he Subcontractor has discharged all
liabilities incurred in carrying out the llUbcollbact; .
c) a satisfactory clearance certificate or Ielter from the workpIaci! Safety and Insurance Board
relating to the sub..... ,t. acl, and ' ,
d) a copy of the ,contract betw8enthe Contractor and !he Subcontractor and a ,satisfactory ,statement
showing the total amount due the SUbCOhllactorfrom 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, !he Contractor-shall..forthwiIhgive,the Subcontractor the
payment due under !he sub.....mact.
.04 Release of statutory hotdback by the OWner in respect of a" subcontract shall not relieve !he
Contractor, or the Contractor's Surety, of any of their responsibilities.
GC 8.02.03.04
Certification of Substantial Perfonnanee
.01 Upon application by the Contractor and where !he Contract has been substantially perfonned the
Contract Administrator will Issue a Certificate of SUbstantial Performance.
.02 The Contract Administrator will set out in the CertIficate of Substantial Perfonnance the date on which
the Contract was substentlaly performed and within 7 Days after signing the said certlfIcate 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 forIhwiIh, as
required by Section 32(1) Paragraph 5 of the CoostnlCtlon LIen Act, R.S.O. 1990, c.C.30, as
amended, publish e copy of !he cer1ifio4te in a construction trade newspaper. Such publication shall
include placement In the Dally CommercIal News.
OPS_Cal_.c1~.Slplll_1.
~37
.04 Where !he Contractor fails to publish a copy of !he Certificate of Substantial Perfonnance as required
above within 7 Days after receiving a copy of the certificate signed by !he Contract Administrator, !he
OWner may publish a copy of !he certificate at !he Contractor's expense.
.05 Except as o!herwise provided for in Section 31 of !he Construction Lien Act, !he 45-day lien period
prior to !he release of holdback as referred to in clause GC 8.02.03.05, Substantial Perfonnance
Payment and Statutory Holdback Release Payment Certificates, shall commence from !he date of
publication of !he Certificate of Substantial Perfonnance 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 !he Certificate of Substantial Perfonnance the Contract
" Administrator will also issue !he Substantial Performance Payment Certificate and !he Substantial
Performance Statutory Holdback Release Payment Certificate or where appropriate, a combined
,- ........, ..~
;~..Jll1ent certificate. '.
.-~,_...". . ;
.02,[!iEl Substantial Perfonnance Payment Certificate will show,
"8)"'!hevalue of Work Perfonned to !he date of Substantial Perfonnance;
, b) the value of outstanding or incomplete Work;
'c) !he amount of !he statutory holdback, aRowing for any previous releases of statutory holdback to
!he Contractor In respect of completed subcontracts and deliveries of ~Iected equipment;
d) !he amount of maintenance securitY required; and
e) !he amount due the Contractor.
..:.
.03 ,Payment of the amount certified wm be made within 30 Days of !he date of issuance of !he payment
'certificate.
;~.
.04 The Substantial Perfonnance Statutory Holdback Release Payment Certificate will be a payment
certificate releasing to !he Contractor !he statutory holdback due in respect of Work perfonned up to
the date of Substantial Performance. Payment of such statutory holdback shall be due 46 Days after
!he date of pubfication of !he 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 fonn 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 fonn satisfactory to the Contract Administrator !hat all liabilities incuned
~ by the Contractor and the Contractor's Subcontractors in carrying out !he Contract have been
. "discharged except for statutory holdbacks property retained; ,
c} a satisfactory Certificate of Clearance from the Workplace Safety and Insurance Board; and
'd).:;proof of publication of !he Certificate of SUbstantial Performance. '
,:,..,
GC 8.02.03.06
Certification of Completion
.01 Upon application by the Contractor, and when !he Contract reaches Completion, the Contract
Administrator will issue a Completion Certificate.
.02 The Contract Administrator will set out in !he Completion Certificate the date on which !he Work was
completed and within 7 Days of signing !he said certificate the Contract Administrator wlU provide a
copy to !he Contractor.
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Pege 38
OPSOe......I~c1~.Sejlloo,_ 1.
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Completion Payment and Completion Statutory Holdback Release
Payment Certilficates
.01 When !he Contract Administrator issues !he Completion Certificate, the Contract Administrator will
also issue !he Completion Payment Certificate and !he Completion Statutory Holdback Release
Payment Certificate or where appropriate, a combined payment certificate.
GC 8.02.03.07
.02 The Completion Payment Certificate will show,
a) measurement and value of Work at Completion;
b) the amount of !he further-statutory holdback based on the value of further work ,completed over
and above the value of work completed shown In !he Substantial Performance Payment Certificate
referred to above; and
c) the amount due the Contractor.
.03 The Completion Statutory Holdback Release;Paymenh.CertifiCate,,;WiII,b;e;;a, paymen~~itificate
. releasing to !he Contractor'!he' further'stallltorY'holdbackli 'Payment:Of,suchistiltutory holdback shall .
be due 46 Days after !he date of Completioriiofthe'Wolk:as estab!ished;by,!he:(>ompletion,Certificate
'but subject to !he'provisions of!heConstnJction Lien'Act41nd.<Ihe:submission-bY,the Contraptorof,the ,
following documents:
a) a release by, the Contractor in a form satisfactory to the ContractAdminlstratorreieasing the
OWner from all further claims relating to the Contract; qualified by slated. exceptions where
appropriate; . ,
b) a statutory declaration in atorm satisfactory to !he Contract Administrator that all,liabUilies incurred
: by the Contractor and the Contractor's SubcontractorS in canylng 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.o2.03.os
Interest
.01 Interest due !he Contractor is based on simple Interest and is calculated, using the applica~e Rate of
Interest.
GC 8.02.03.G9
Interest for Late Payment
.01 Provided the Contractor has complied with !he requirements of the Contract Including all
documentation requirements, when payment by the OWner to the Contractor for Work perfonned, or
for release of statutory holdback, is delayed by the OWner, !hen the Contractor shall be entitled to
receive interest on the outstanding payment at !he Rate'Of'lnterest,'lfpayment:-is not received on the
dates set out below:
a) Progress Payment CertIficates: 30 Days after the CUt-Off Date; ,
b) Cet1ificate of Subcontract Completion:. 30 Days after the date ,certified as '!he date on which !he
subcontract was completed;
c) Subcontract Statutory Holdback Release Payment Certificate: 76 Days after !he date on which !he
sub..u.,b ..ct 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 Parfonnance;
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 pertods described In paragraph GC 8.02.03.09.01,
interest will only begin to accrue when the Contractor has completed !hose requirements.
OPS Gennl Condlllons cI Cann<:l. SejlleI_ 1.
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GC 8.02.03.10
Interest for Negotiations and Claims
.01 Except as hereinafter provided, where a notice of negotiation, notice of intent to claim and the
subsequent claims are submitted In accordance with !he time limits and/or procedure described by
subsection GC 3.14, Claims, Negotiations, Mediation, !he OWner will pay !he Contractor !he Rate of
Interest on !he amount of !he negotiated price for !hat part of !he Work or on !he amount of !he settled
claim. Such interest will not commence until 30 Days after the satisfadory completion of !hat part of
the Work.
....:~.~.{~..
.02 ~Where !he Contractor does not attempt to resolve !he negotiation or !he claim in an expeditious
manner, interest shall be negotiable.
.03 Where !he Contractor fails to give notice of a claim within !he time limit preSCribed by subsection GC
'3.14, Claims, Negotiations, Mediation, Interest shall not be paid.
.04 ',<:l(V,lIere.a Contractor fails to comply with !he 3Q.day time limit and !he procedures Prescribed in
,'~tagl<lph GC 3.14.03.03 for submission of claims, interest shall not be paid for /tie delay period.
---';':..!i..'.' .
.~""","". -,'. . .
GC 8;02:03;11 Owner's Set-otf
..L_"
.01 . Pursuant to Section 12 of !he Construction Uen Act, !he OWner may retain from monies owing to the
Contractor under !his Contract an amount sufficient to cover any outstanding or disputed liabilities
including !he cost to remedy deficiencies, !he reduction in value of substandard portions of !he Work,
claims for damages by !hird parties which have not been detennined in writing by the Contractor's
Insurer, undetennined claims by the owner under paragraph GC 8.01.02.01 a), any assessment due
the Workplace Safely and Insurance Board and any monies to be paid to the workers in accordance
with clause GC 8.02.06, Payment of Workers.
.02 Under!hese circumstances !he OWner will give !he 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 !he Contract provided any delay in payment does
not exceed 30 Days from the due dates as defined in paragraph GC 8.02.03.09.01.
GC 8.02.04
GC8:9a:CJ:4:01
Payment on a TIme and Material Basis
DefInitions
,
.01 For'!he purpose of !his clause !he 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 !he Contractor to or in respect of labour and supervision actively
and necessarily engaged on !he 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 !he entire Work or any wages, salary or Payroll Burden for
which the Contractor is compensated by any payment made by !he OWner for Equipment
Cost of Material: means !he cost of Material purchased, or supplied from stock, and valued at current
market prices, for the purpose of carrying out Extra Work, by !he 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 !he
supplier of !he equipment and for which !he rent or lease includes the cost of the operator.
~40
OPS ~ eo._.. cI ConncI. 8eplemIler 1.
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Payroll Burden: means !he payments in respect of workplace insurance, vacation pay, employment
insurance, public liability and property damage insurance, sickness end accident insurance, pension fund
and such other welfare and benefit payments fonning part of the Contractor's nonnallabour costs.
Rented Equipment: means equipment !hat is rented or leased for !he special purpose of Work on a Time
and Material Basis from a person, finn or corporation !hat is not an associate of !he lessee as defined by
!he Securities Act, R.S.O. 1990, c.S.5, as amended, and is approved by the Contract Administrator.
Road Work: means !he preparation, construction, finishing and construction maintenance of roads, .
'streets: highWays and' parking 'lots and includes aU work incidental !hereto other !han work on structures.
Sewer' and Watennaln Work: . means !he preparation, construction, finishing, and construction
'maintenance' of sewer systems and watennain systems, and includes aU work incidental !hereto o!her !han
work on structures.
Standby'TIme:'means any'period of time Which'is'not:ConsideredWOrking'r~ which together with
the Working Tll11e does not exceed '10 'hour'$!in.any:one>working;Daycand,:dlliing 'which ,time a unit of
,equipment cannot practically be used onother:.work'but.must:remain:onJbe'site::ln:order to ,continue with
'its. assigned 1askand during which time the unit is In fully 'operable condItion.
Structure Work: means !he construction, reconstruction, repair,' alteration, remodelling, renovation or
" demolition of any bridge, building, tunnel or retaining wan and includes thepreparalion for and !he laying of
the foundation of' any"bridge, building, tunnel or 'retaining waUaod the installation of equipment and
appurtenances incIdentallherato.
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 !he
, OWner, using !he same principles as used in detennining The 127 Rates.
Work on a 'TIme .and Material Basis: means Changes in the wOrk, Extra Work and Additional Work
approved by !he Contract Administratorforpaynient'on a TIIne and Materlal'basls. The Work on a. Time
and Material Basis shall be subject to aU Ihe terms, conditions, speclficationsand 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 !he first 2 hours of each,lmmedlately. following period duiing which
'the unit is not so engaged but during which !he operatlon'is,oIherwise.proceedlggand during,whlch time
the unit cannot practically be transferred to oIher work but must remain on !he sileln order to continue with
Its assigned tasks and during which time the.unit. islna fully operable condition. .., .
GC 8.02.04.02
Dally Work Records
.01 Daily Work Records prepared as !he casa may be by either !he Contractor's representative or !he
, Contract Administrator and reporting !he labour and Equipment employed and the MaterIal used on
each Time and Material project, shaU be reconciled and signed each day by boIh the Contractor's
representative and the Contract Administrator.
GC 8.02.04.03
Payment for Work
.01 Payment as herein provided shaU be fuU compensation for all labour, Equipment and Material to do
the Work on a Tune and Material Basis except where there is agreement to the contrary prior to !he
commencement of the Work on a Time and Material BasIs. The payment adjustments on a Time and
MaterIal basts shall apply to each Individual Change Order authorized by the Contract Administrator.
OPS 08...... eo._. cI ~. SepWnbef I.
"'41
GC 8.02.04.04
Payment for Labour
.01 The OWner will pay !he Contractor for labour employed on each Time and Material project at 135% of
!he Cost of Labour up to $3000, !hen at 120% of any portion of !he 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
!he Contractor's actual cost of Payroll Burden.
.03-At the OWner's discretion, an audit may be conducted in which case !he actual Payroll Burden so
detennined shall be applied to all Time and Material work on !he Contract
GC 8.02.04.05
Payment for Material
.(
.01 The OWner will pay !he Contractor for Material used on each Time and Material project at 120% of the
".cost of !he Material up to $3000, !hen at 115% of any portion of !he Cost of Material in excess of
' ':[$6000. ;
"~"
GC'8~.06 Payment for Equipment
<<':'
GC 8.02.04.06.01
Working rune
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.01 The OWner will pay !he Contractor for !he Working Time of all equipment other than Rented
Equipment and Operated Rented Equipment used on !he Work on a Time and Material basis at The
..,.127 Rates with a cost adjustment as follows:
a) Cost $1 0,000 or less - no adjustment;
b) Cost greater !han $10,000 but not exceeding $20,000 - payment $10,000 plus 90% of !he portion
in excess of $10,000; and
c) Cost greater !han $ 20,000 -$19,000 plus 80% of !he portion in excess of $20,000.
.02 The OWner will pay !he Contractor for the WOrking Time of Rented EqUipment used on the Work on a
Trme and Material Basis at 110% of !he invoice price approved by !he Contract Administrator up to a
maximum of 110% of The 127 Rate. This constraint will be waived when the Contract Administrator
approves !he invoice price prior to !he use of !he Rented Equipment
.03 The Owner will pay the Contractor for !he Working Time of Operated Rented Equipment used on the
Work on a rrme and Material Basis at 110% of !he Operated Rented Equipment Invoice price
approved by !he Contract Administrator prior to the use of !he equipment on !he Work on a.Time and
" MSterial Basts.
.~
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GC 8.o2i04;06.02
.....,.
Standby TIme
.01 The OWner will pay !he Contractor for Standby Time of Equipment at 35% of The 127 Rate or 35% of
!he invoice price whichever is appropriate. The OWner will pay reasonable costs for Rented
Equipment where !his is necessarily retained In !he 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 cIroumstances giving rise to !he Work on a Time and Material Basis.
.02 In addition, !he OWner will include !he Cost of Labour of operators or associated labourers who
cannot be o!helWise employed during !he standby period or during the period of idleness caused by
the circumstances giving rise to !he Work on a Time and Material Basis.
.03 The Contract Administrator may require Rented Equipment idled by the circumstances gMng rise to
!he Work on Tine and Material BasIs to be retumed to !he lessor until !he work requiring !he
equipment can be resumed. The Owner will pay such costs as result from such return.
P_42
OPS ClenenII Coudllloo. cI ~. 8eplomber 1.
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.04 When Equipment is transported, solely for !he purpose of the Work on a Time and Material Basis, to
or froriI!he Working Area on a Time and Material basis, payment will be made by the Owner only in
respect of !he transporting units. When. Equipment is moved under its own .power it shall be deemed
to be working. The melhod of moving Equipment and !he rates shall be subject to the approval of !he
Contract Administrator.
GC 8.02.04.07
Payment for Hand Tools
.01 NotwiIhstandingany,otherprovision of !his, Section, .nopayment shallbe..made to ,!he. Contractor for
or in respect of Hand Tools or equipment !hat are tools of !he trade.
GC 8.02.04.08
Payment for Work By Subcontractors '
.01 Where !he Contractor arrangesforWork.on aTIme and MaterialBasis,or,apart of it, to be perfonned
l:!ySubcontractors.;on ..a.Time' ancLMaterial "basis..,andoe.has....c:el:eived ;,appIp,val,..pIior . to !he
.' . 'commencement .of.' such'. WOrk:~in' accordancewitt:l.;:.tbei'-requir.ements,i;offisub$e(;tioIt:'GC ,3.1 0,
SubCOntracting by'the. Contractor;.theOWner Will pay'the'costiof'Woilc'onoS5r..une(an~aterial Basis
, ,. 'by1heSubcontractorcalculated-asif !he,Contractorhad'done;tbeWork..o~l1meiand,Material Basis.
plus 11 markup calculated on the following basis:
a) 20% of the first.$3,Ooo; plus
b) 15% of the amount from $3.000 to $10,000; plus
c) 5% of !he amount in excess of $10,000.
;02..No further markup will beapprledregardless.of.lhe extent to which.the work Is assigned or. sublet to.
" others; If workis;assignedor,sublet-,to anass0ci9te.,asdefinedby.!he,Securities.Acf /lOmarkup
whatsoever will be apprled. '
GC 8.02.04.09
Submission of Invoices
.01 ,At !he start of ,!he Work 'on a Time and Material Basis, the Contractor .shall.provlda!he applicable..
, labour and Equipment rates not already submitted to the Contract Administrator during the course of
such work.
.02 .Separate,summaries shaft be'completed by.the Contractor according to !hestaodard foI:m,"Summary, ' '
for Payment ,of Accounts on a Time ' and Material Basis"., Each.summaryshalllnclude.the order
number and covering dates of !he work and shall itemize ,separately labour. Materials and Equipment
,Invoices for Materials, Rented Equipment and other charges incurred by the Contractor on !he Work
on a Time and Material Basis shl;IlIbe included witheach,summary.~, ..,'."'" .,.c,..,c.,..,...,
:03 Each monIhtheContractAdmlnistrator,wIlI include with the,mqn!hIy,Pft!ll!eSS-Pl1~;~te, !he
costs of the Work on a Time and Material Basis incurred during the preci!ding monIh all in
, accordance with the contract administrative procedures and !he Contractol's invoice of !he 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 !he completion of !he Work on a Time and Material Basis.
GC 8.02.05
Final Acceptance CertIfIcate
.01 After the ,acceptance of the Work ,!he Contract Administrator Will Issue !he Final Acceptance
Certificate, or, where applicable, after the W8nanty Period has expired. The Final Acceptance
Certificate will not be issued until all known deficiencies haYe been adjusted or corrected, as the case
may be, and !he Contractor has discharged all obligations under the Contract.
OPS_ICal_.c1~.~,_l.
P_43
GC 8.02.06
Payment of Workers
.01 The Contractor shall, in addition to any fringe benefits, pay !he workers employed on !he Work in
accordance with !he labour conditions set out in !he Contract and at Intervals of not less !han twice a
mon!h.
.02 The Contractor shall require each Subcontractor doing any part of !he Work to pay !he workers
employed by !he Subcontractor on !he Work in accordance with paragraph GC 8.02.06.01.
.03 Where any person employed by !he Contractor or any Subcontractor or o!her person on the Work is
paid less !han !he amount required to be paid under !he Contract, !he OWner may set off monies in
accordance with clause GC 8.02.03.11, OWner's Set-otf.
GC 8.02.07
Records
.01 The Contractor shall maintain and keep accurate Records relating to !he Work, Changes in !he Work,
Extra Work and claims arising !herefrom. Such Records shall be of sufficient detail to support !he
total cost of !he Work, Changes in !he Work, and Extra Work. The Contractor shall preserve all such
" original Records until 12 monlhs after !he Rnal Acceptance Certificate is issued or until all claims
have been settled, whichever is longer. The Contractor shall require !hat Subciontractors employed
by !he Contractor preserve all original Records pertaining to !he Work, Changes in the Work, Extra
Work and claims arising !herefrom for a similar period of time.
.02 If, in !he opinion of !he Contract Administrator, Dally Work Records are required, such records shall
report !he labour and Equipment employed and !he Material used on any specific portion of !he Work.
The Daily Work Records shall be reconciled with and signed by !he Contractor's representative each
day.
.03 The OWner may inspect and audit !he Contractor's Records relating to !he Work, Extra Work and
Changes in !he Work at any time during !he period of the Contract. The Contractor shall supply ,
certified copies of any part of its Records required whenever requested by !he OWner.
GC 8.02.08
Taxes and Duties
.01 Where a change in Canadian Federal or Provincial taxes oocurs after !he date of tender closing for
!his Contract, and !his change could not have been anticlpated at the time of bidding, !he OWner will
increase or decrease Contract payments to account for !he exact amount of tax change involved.
.02 Claims for compensation for additional tax cost shall be submitted by the Contractor to !he Contract
Administrator on forms provided by the Contract Administrator to !he Contractor. Such claims for
additional tax costs shall be submitted not less lhan 30 Days after !he date of Rnal Acceptance.
.03 Where !he Contractor benefits from a change In Canadian Federal or Provincial taxes, !he Contractor
shall submit to !he Contract Administrator, on fonns provided by !he Contract Administrator, a
statement of such benefits. This statement shall be submitted not later !han 30 Days after Final
Acceptance.
.04 Changes in Canadian Federal or Provincial taxes which impact upon commodities, which when left in
, place fonn part of !he finished Work, or !he provision of services, where such services form part of the
Work and where !he manufacture or supply of such commodities or !he 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 !he latter context means the supply and operation of equipment, !he provision of labour
and !he supply of commodities, which do not fonn part of !he Work.
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OPS GeneI1lI Cond_ cI ConlI1Ict.lleplemller 1.
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GC 8.02.09
Liquidated Damages
.01 When liquidated damages are specified in !he Contract and !he Contractor fails to complete the Work
in accordance with !he Contract, !he Contractor shall pay such amounts as are specified in !he
Contract Documents.
OPS 0enenI1 Concl_ cI ConIr8cl- ~ 1.
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