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2002-153
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2002-153 Being a By-law to authorize a contract between the Corporation of the Municipality of Clarington and Peninsula Contracting Inc. Fonthill, Ontario, to enter into agreement for the Guide Rail Installation. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS FOLLOWS: 1. THAT the Mayor and Clerk are hereby authorized to execute, on behalf of the Corporation of the Municipality of Clarington with the Corporation Seal, a contract between, Peninsula Contracting Inc., Fonthill, Ontario, and said Corporation; and 2. THAT the contract attached hereto as Schedule "A"form part of this By-law. By-law read a first and second time this 30 ay of sept,Im 30th September By-law read a third time and finally passed this day of T12 John Mutt or P tti . ie, J. icipal Clerk ( arin n Leading the Way Municipality of Clarington EXECUTED CONTRACT UHr ■ engineers architects - planners 1 r r r r rCORPORATION OF THE MUNICIPALITY OF CLARINGTON rGUIDE RAIL INSTALLATION BRIDGE NO. 99031, CONCESSION ROAD NO. 6 BRIDGE NO. 99033, CONCESSION ROAD NO. 6 BRIDGE NO. 99037, CONCESSION ROAD NO. 7 t CONTRACT NO. CL2002-26 JULY 2002 i 1 r r r Tm ■ engineers architects planners 1 ' TSH No. 12-29183 r AGREEMENT THIS AGREEMENT made in quadruplicate this 18th day of September 2002 BETWEEN: PENINSULA CONSTRUCTION INC. of the Regional Municipality of Niagara and Province of Ontario hereinafter called the"Contractor" THE PARTY OF THE FIRST PART ' - and- 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 rthe work as described hereafter, furnish all the materials except as herein otherwise specified, and to complete such works in strict accordance with the plans, specifications and tender therefore, all of which are to be read herewith and form part of this present agreement as fully and completely to all intents and purposes as though all the stipulations thereof have been embodied herein. ' Page 1 of 3 DESCRIPTION OF THE WORK AND LIST OF DOCUMENTS Contract No. CL2002-26, Guide Rail Installation, Bridge No. 99031 and 99033, Concession Road No. 6 and Bridge No. 99037, Concession Road No. 7. ADDENDUM NO. 1 - dated August 23, 2002 A. TENDER FORM: General Pages 1 and 2 Itemized Bid Pages 3 to 4 Agreement to Bond Page 5 Schedule of Tender Data Page 6 B. STANDARD TERMS AND CONDITIONS C. INSTRUCTIONS TO TENDERERS Pages 1 to 4 D. SPECIAL PROVISIONS - GENERAL Pages 1 to 12 E. SPECIAL PROVISIONS -TENDER ITEMS Pages 1 to 4 F. STANDARDS G. PLANS: Drawings No. 99031-S1, 99033-S2 and 99037-S1. H. STANDARD SPECIFICATIONS: It shall be the Contractor's responsibility to obtain the following specifications. OPSS No. Date OPSS No. Date OPSS No. Date 127 Current 510 Oct. 1993 570 Aug. 1990 128 Current 552 Nov 2001 571 Nov. 2001 201 Feb. 1996 555 July 1991 572 Aug. 1990 206 Nov. 2000 559 Aug. 1994 ' I. GENERAL CONDITIONS: OPS General Conditions of Contract(September 1999) All Plans and Documents referred to in the Specifications. The Contractor further agrees that he will deliver the whole of the works completed in accordance with this agreement on or before the expiration of twenty (20) working days from the date of commencement. IN CONSIDERATION WHEREOF said party of the second part agrees to pay to the ' Contractor for all work done, the unit prices on the Tender. This agreement shall enure to the benefit of and be binding upon the heirs, executors, administrators and assigns of the Contractor and on the heirs and successors of the Purchaser. Page 2 of 3 IN WITNESS WHEREOF, the Contractor and the Purchaser have hereunto signed their names and set their seals on the day first above written. SIGNED and sealed by the Contractor zz) ) in the presence of ) ) SIGNED and sealed by the Purchaser �Z44��- ) J M on, Mayor in the presence of ) ) > a ie, Clark 1 ) ) S/Admin/Spoc Masters/1709A Page 3 of 3 CONTRACT NO. CL2002-26 MUNICIPALITY OF CLARINGTON GUIDE RAIL INSTALLATION ADDENDUM NO. 1 Contractors are hereby advised of the following modification to Contract No. CL2002-26: Instructions to Tenderers, Page 1 Clause 1: General Closing date and time has been revised as follows: 2:00:00 P.M. LOCAL TWE, FRIDAY AUGUST 30, 2002. All tenders must be submitted on the basis of this modification. This addendum shall remain attached to and form part of all tenders submitted. TSH Engineer, Architects, Planners 513 Division Street Cobourg, Ontario K9A 5G6 August 23, 2002 P:/29183/SpcW19264ADD1.doe PROJECT: TENDER FOR CONTRACT NO. CL2002-26 GUIDE RAIL INSTALLATION, BRIDGE NOS. 99031, 99033 AND 99037 AUTHORITY: CORPORATION OF THE MUNICIPALITY OF CLARINGTON CONTRACT ADMINISTRATOR: TOTTEN SIMS HUBICKI ASSOCIATES ENGINEERS, ARCHITECTS and PLANNERS 513 DIVISION STREET COBOURG, ONTARIO. K9A 5G6 Telephone: 905-372-2121 Fax: 905-372-3621 TENDERER: Peninsula Construction Inc. Name 2055 Kottmeier Road, R. R. #1 Fonthill, Ontario LOS IE6 Address (include Postal Code) (905) 892-2661 (905) 892-4692 Telephone and Fax Numbers Del Voth Name of Person Signing Vice President Position of Person Signing TENDERS RECEIVED BY: Mrs. Patti Barrie, Clerk Corporation of the Municipality of Clarington Municipal Administration Centre 40 Temperance Street BOWMANVILLE, Ontario. L1C 3A6 P\291831Specs\19229-TF-Signdocs.doc Page 1 of 6 pages TENDER CONTRACT NO. CL2002-26 To: The Mayor and Members of Council Corporation of the Municipality of Clarington Re: Contract No. CL2002-26 Guide Rail Installation, Bridge Nos. 99031, 99033 and 99037. 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 6 pages ITEMIZED BID CONTRACT NO. CL2002-26 In accordance with the first paragraph of this Tender, the Contractor hereby offers to complete the work specified for Contract No. CL2002-26 for the following unit prices. Spec. No. - The numbers in this column refer to the applicable issue of the Ontario Provincial Standard Specifications SP Refers to Special Provisions c PART A: BRIDGE NO. 99031 Al 201 Site Preparation LS 5,000.00 5,000.00 206 510 SP A2 552 Single Rail Steel Beam Guide Rail m 8 100.00 800.00 SP OPSD 902.03 Type 'A' A3 552 Single Rail Steel Beam Guide Rail in 62 115.00 7,130.00 SP With Channel (OPSD 902.03, Type 'B') A4 552 Connect Guide Rail to Structure ea 4 550.00 2,200.00 SP AS 559 Extruder End Treatment(OPSD ea 3 5,500.00 16,500.00 SP 922.510) A6 555 Eccentric Loader End Treatment ea 1 3,500.00 3,500.00 SP (OPSD 922.430) A7 SP Steel Post Bases (OPSD 912.105) ea 4 250.00 1,000.00 Total Part A (Carried to Summary) 36,130.00 PART B: BRIDGE NO. 99033 B1 201 Site Preparation LS 4500 4,500.00 206 510 SP B2 552 Single Rail Steel Beam Guide Rail in 15 100 1,500.00 SP (OPSD 902.03, Type 'A') B3 552 Single Rail Steel Beam Guide Rail in 34 120.00 4,080.00 SP With Channel (OPSD 902.03, Type 'B') B4 552 Connect Guide Rail to Structure ea 4 550.00 2,200.00 SP B5 559 Extruder End Treatment (OPSD ea 1 5,500.00 5,500.00 SP 922.510) B6 555 Eccentric Loader End Treatment ea 1 3 3,500.00 10,500.00 SP (OPSD 922.430 Total Part B (Carried to Summary) 28,280.00 Page 3 of 6 pages ITEMIZED BID CONTRACT NO. CL2002-26 In accordance with the first paragraph of this Tender, the Contractor hereby offers to complete the work specified for Contract No. CL2002-26 for the following unit prices. Spec. No. - The numbers in this column refer to the applicable issue of the Ontario Provincial Standard Specifications SP - Refers to Special Provisions PART C: BRIDGE NO. 99037 Cl. 201 Site Preparation LS 15,000 15,000.00 206 510 SP C2 552 Single Rail Steel Beam Guide Rail in 31 95 2,945.00 SP (OPSD 902.03, Type 'A') C3 552 Single Rail Steel Beam Guide Rail in 46 120 5,520.00 SP With Channel (OPSD 902.03, Type 'B') C4 552 Connect Guide Rail to Structure ea 4 550 2,200.00 SP C5 555 Eccentric Loader End Treatment ea 4 3,500 14,000.00 SP C6 552 Cable Guide Rail(OPSD 913.130) in 357 17 6,069.00 SP C7 552 Anchor Blocks (OPSD 913.102) ea 8 650 5,200.00 Total Part C (Carried to Summary) 50,934.00 SUMMARY- Total Part A -Bridge No. 99031 36,130.00 Total Part B - Bride No. 99033 28,280.00 Total Part C - Bride No. 99037 50,934.00 Total (excluding GST) 115,344.00 GST (7% of Total) 8,074.08 Tenderer's GST Registration No. R104138151 P\29183\Specs\19229-itembid Page 4 of 6 pages AGREEMENT TO BOND (to be completed by Bonding Company) CONTRACT NO. CL2002-26 Bond No. 307107-37 WE, the Undersigned, HEREBY AGREE to become bound as Surety for PENINSULA CONSTRUCTION INC. in a Performance Bond totalling ONE HUNDRED PERCENT (100%) of the Total Tender amount, and a Labour and Material Payment Bond totalling ONE HUNDRED PERCENT(100%) of the Total Tender amount, and conforming to the Instruments of Contract attached hereto, for the full and due performance of the works shown or described herein, if the Tender for Contract No.CL2002-26 is accepted by the Authority. IT IS A CONDITION of this Agreement that if the above mentioned Tender is accepted, application for a Performance Bond and a Labour and Material Payment Bond must be made to the Undersigned within TEN (10) DAYS of Notice of Contract Award, otherwise the Agreement shall be null and void. DATED AT Hamilton this 15th day of August 2002 The Guarantee Company of North America Name of Bonding Company Doug Corby (BONDING COMPANY SEAL) Signature of Authorized Person Signing for Bonding Company Attorney-In-Fact Position (This Form shall be completed and attached to the Tender Submitted). Page 5 of 6 pages SCHEDULE OF TENDER DATA CONTRACT NO. CL2002-26 The work specified in the Contract shall be performed in strict accordance with the following Schedule: A. TENDER FORM: General Pages 1 and 2 Itemized Bid Pages 3 to 4 Agreement to Bond Page 5 Schedule of Tender Data Page 6 B. STANDARD TERMS AND CONDITIONS C. INSTRUCTIONS TO TENDERERS Pages 1 to 4 1 D. SPECIAL PROVISIONS - GENERAL Pages 1 to 12 E. SPECIAL PROVISIONS -TENDER ITEMS Pages 1 to 4 F. STANDARDS G. PLANS: Drawings No. 99031-S1, 99033-S2 and 99037-S1. H. STANDARD SPECIFICATIONS: It shall be the Contractor's responsibility to obtain the applicable edition of the following Ontario Provincial Standard Specifications. OPSS No. Date OPSS No. Date OPSS No. Date 127 Current 510 Oct. 1993 570 Aug. 1990 128 Current 552 Nov 2001 571 Nov. 2001 201 Feb. 1996 555 July 1991 572 Aug. 1990 206 Nov. 2000 559 Aug. 1994 I. GENERAL CONDITIONS: OPS General Conditions of Contract(September 1999) The Contractor, by this Tender, offers to complete the work of this Contract in strict accordance with the terms contained herein. The bidder certifies that it has met all of its obligations to comply with the Provincial Retail Sales Tax requirements, so that it is able to do business in Ontario. Yes X No By my/our signature hereunder, I/we hereby identify this as the Schedule of Tender Data, Plans and Specifications, for Contr o. CL2002-26, executed by me/us bearing date the 21 day of August 2002 and we have fully re all r ate d do nts to tender data as listed above. SIGNATURE POSITION Vice President (COMPANY SEAL) NAME OF FIRM Peninsula Construction Inc. This is Page 6 of 6 Pages to be submitted as the Tender Submission for Contract No. CL2002-26. i 1 CORPORATION OF THE MUNICIPALITY OF CLARINGTON i i 1 i 1 STANDARD TERMS AND CONDITIONS P/29183/Specs/19229-T&C.doc 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 7- "Payments" of the "Special Provisions -General" Section of the Contract. • Clause 15 of the "Standard Terms and Conditions" shall be superceded by Clause 1 - "Guaranteed Maintenance" of the "Special Provisions - General" Section of the Contract. • Clause 16 of the "Standard Terms and Conditions" is not applicable to this Contract. • Clause 23 of the "Standard Terms and Conditions" shall be superceded by Clause 6.03.02 of the OPS General Conditions of Contract(September 1999) which requires a$5,000,000.00 liability coverage. • Clause 26 of the "Standard Terms and Conditions" shall be superceded by Clause 18 - "Workplace Hazardous Materials Information System(WHMIS)", the Municipalilty of Clarington's "Contractor Safety" Documents (5 pages) and Clause 22 - "Governmental Requirements" all from the "Special Provisions - General" Section of the Contract. j 1. DEFINITIONS STANDARD TERMS AND CONDITIONS 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. jDocument - The document(s) issued by the Municipality in response to which bids are invited to perform the work in accordance with the specifications contained in the document. Bid-An offer by a Bidder in response to the document issued by the Municipality. Work- All labour, materials, products, articles, fixtures, services, supplies, and acts required to be done, furnished or performed by the company, which are subject to the Contract. 2. SUBMISSION OF BID Bid invitation shall be in accordance with the Municipality of Clarington Purchasing By-law #94- 129 and will apply for the calling, receiving, and opening of bids. The Municipality will be responsible for evaluating bids, awarding and administering the contract in accordance with the Purchasing By-law. The bid must be submitted on the form(s) and in the envelope supplied by the Municipality unless otherwise provided herein. The envelope must not be covered by any outside wrappings, i.e. courier envelopes or other coverings. The bid must be signed by a designated signing officer of the Bidder. If a joint bid is submitted, it must be signed on behalf of each of the Bidders. The bid must be legible, written in ink, or typewritten. Any form of erasure, strikeout or over- writing must be initialled by the Bidder's authorized signing officer. The bid must not be restricted by a covering letter, a statement added, or by alterations to the document unless otherwise provided herein. Failure to return the document or invitation may result in the removal of the Bidder from the Municipality's bidder's list. A bid received after the closing date and time will not be considered and will be returned, unopened. Should a dispute arise from the terms and conditions of any part of the contract, regarding meaning, intent or ambiguity, the decision of the Municipality shall be final. r 3. CONTRACT The contract consists of the documents aforementioned. The contract and portions thereof take precedence in the order in which they are named above, notwithstanding the chronological order in which they are issued or executed. The intent of the contract is that the Company shall supply work which is fit and suitable for the Municipality's intended use and complete for a particular purpose. None of the conditions contained in the Bidder's standard or general conditions of sale shall be of any effect unless explicitly agreed to by the Municipality and specifically referred to in the purchase order. 4. CLARIFICATION OF THE DOCUMENT Any clarification of the document required by the Bidder prior to submission of its bid shall be requested through the Municipality's contact identified in the document. Any such clarification so given shall not in any way alter the document and in no case shall oral arrangements be considered. Every notice, advice or other communication pertaining thereto will be in the form of a written addendum. No officer, agent or employee of the Municipality is authorized to alter orally any portion of the document. 5. PROOF OF ABILITY The bidder may be required to show, in terms of experience and facilities, evidence of its ability, as well as that of any proposed subcontractor, to perform the work by the specified delivery date. 6. DELIVERY Unless otherwise stated, the work specified in the bid shall be delivered or completely performed by the Company as soon as possible and in any event within the period set out herein as the guaranteed period of delivery or completion after receipt of a purchase order therefor. A detailed delivery ticket or piece tally, showing the exact quantity of goods, materials, articles or equipment, shall accompany each delivery thereof. Receiving by a foreperson, storekeeper or other such receiver shall not bind the Municipality to accept the work covered thereby, or the particulars of the delivery ticket or piece tally therefor. Work shall be subject to further inspection and approval by the Municipality. The Company shall be responsible for arranging the work so that completion shall be as specified in the contract. Time shall be of the essence of the contract. 7. PRICING Prices shall be in Canadian Funds, quoted separately for each item stipulated, F.O.B. destination. Prices shall be firm for the duration of the contract. Prices bid must include all incidental costs and the Company shall be deemed to be satisfied as to the full requirements of the bid. No claims for extra work will be entertained and any additional work must be authorized in writing prior to commencement. Should the Company require more information or clarification on any point, it must be obtained prior to the submission of the bid. Payment shall be full compensation for all costs related to the work, including operating and overhead costs to provide work to the satisfaction of the Municipality. All prices quoted shall include applicable customs duty, excise tax, freight, insurance, and all other charges of every kind attributable to the work. Goods and Services Tax and Provincial Sales Tax shall be extra and not shown, unless otherwise specified herein. If the Bidder intends to manufacture or fabricate any part of the work outside of Canada, it shall arrange its shipping procedures so that its agent or representative in Canada is the importer of record for customs purposes. Should any additional tax, duty or any variation in any tax or duty be imposed by the Government of Canada or the Province of Ontario become directly applicable to work specified in this document subsequent to its submission by the Bidder and before the delivery of the work covered thereby pursuant to a purchase order issued by the Municipality appropriate increase or decrease in 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 withhold from any sum otherwise payable to the company such amount as may be sufficient to remedy any defect or deficiency in the work, pending correction of it. Payment may be made 30 days after delivery pursuant to the Bidder submitting an invoice, ■ contract requirements being completed and work being deemed satisfactory. 9. PATENTS AND COPYRIGHTS The company shall, at its expense, defend all claims, actions or proceedings against the Municipality based on any allegations that the work or any part of the work constitutes an infringement of any patent, copyright or other proprietary right, and shall pay to the Municipality all costs, damages, charges and expenses, including its lawyers' fees on a solicitor and his own client basis occasioned to the Municipality by reason thereof. The company shall pay all royalties and patent license fees required for the work. If the work or any part thereof is in any action or proceeding held to constitute an infringement, the company shall forthwith either secure for the Municipality the right to continue using the work or shall at the company's expense, replace the infringing work with non-infringing work or modify it so that the work no longer infringes. 10. ALTERNATES Any opinion with regard to the use of a proposed alternate determined by the Municipality shall be final. Any bid proposing an alternate will not be considered unless otherwise specified herein. 11. EQUIVALENCY Any opinion determined by the Municipality with respect to equivalency shall be final. 12. ASSIGNMENT AND SUBCONTRACTING The company shall not assign or subcontract the contract or any portion thereof without the prior written consent of the Municipality. 13. FINANCING INFORMATION REQUIRED OF THE COMPANY The Municipality is entitled to request of the Company to 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. 16. BID ACCEPTANCE The Municipality reserves the right to award by item, or part thereof, groups of items, or parts thereof, or all items of the bids and to award contracts to one or more bidders submitting identical bids as to price; to accept or reject any bids in whole or in part; to waive irregularities and omissions, if in so doing, the best interests of the Municipality will be served. No liability shall 1 accrue to the Municipality for its decision in this regard. Bids shall be irrevocable for 90 days after the official closing time. The placing in the mail or delivery to the Bidder's shown address given in the bid of a notice of award to a bidder by the Municipality shall constitute notice of acceptance of contract by the Municipality to the extent described in the notice of award. 17. DEFAULT BY COMPANY a. If the company: commits any act of bankruptcy; or if a receiver is appointed on account of its insolvency or in respect of any of its property; or if the company makes a general assignment for the benefit of its creditors; then, in any such case, the Municipality may, without notice: terminate the contract. b. If the company: fails to comply with any request, instruction or order of the Municipality; or fails to pay its accounts; or fails to comply with or persistently disregard statutes, regulations, by-laws or directives of relevant authorities relating to the work; or fails to prosecute the work with skill and diligence; or assigns or sublets the contract or any portion thereof without the Municipality's prior written consent; or refuses to correct defective work; or is otherwise in default in carrying out its part of any of the terms, conditions and obligations of the contract, then, in any such case, the Municipality may, upon expiration of ten days from the date of written notice to the company, terminate the contract. C. Any termination of the contract by the Municipality, as aforesaid, shall be without prejudice to any other rights or remedies the Municipality may have and without incurring any liability whatsoever in respect thereto. d. If the Municipality terminates the contract, it is entitled to: i) take possession of all work in progress, materials and construction equipment then at the project site (at no additional charge for the retention or use of the construction equipment), and finish the work by whatever means the Municipality may deem appropriate under the circumstances; ii) withhold any further payments to the company until the completion of the work and the expiry of all obligations under the Correction of Defects section; iii) recover from the company loss, damage and expense incurred by the Municipality by reason of the company's default (which may be deducted from any monies due or becoming due to the company, any balance to be paid by the company to the Municipality). 18. CONTRACT CANCELLATION The Municipality shall have the right, which may be exercised from time to time, to cancel any uncompleted or unperformed portion of the work or part thereof. In the event of such cancellation, the Municipality and the Company may negotiate a settlement. The Municipality shall not be liable to the Company for loss of anticipated profit on the cancelled portion or portions of the work. 19. QUANTITIES Unless otherwise specified herein, quantities are shown as approximate, are not guaranteed to be accurate, are furnished without any liability on behalf of the Municipality and shall be used as a basis for comparison only. Payment will be by the unit complete at the bid price on actual quantities deemed acceptable by the Municipality. 20. SAMPLES Upon request, samples must be submitted strictly in accordance with instructions. If samples are requested subsequent to opening of bids, they shall be delivered within three (3) working days following such request, unless additional time is granted. Samples must be submitted free of charge and will be returned at the bidder's expense, upon request, provided they have not been destroyed by tests, or are not required for comparison purposes. The acceptance of samples by the Municipality shall be at its sole discretion and any such acceptance shall in no way be construed to imply relief of the company from its obligations under the contract. Samples submitted must be accompanied by current Material Safety Data Sheets (MSDS) where applicable. 21. SURETY The successful tenderer shall, if the Municipality in its absolute discretion so desires, be required to satisfy surety requirements by providing a deposit in the form of a certified cheque, bank draft or money order or other form of surety, in an amount determined by the Municipality. This surety may be held by the Municipality until 60 days after the day on which all work covered by the contract has been completed and accepted. The surety may be returned before the 60 days have elapsed providing satisfactory evidence is provided that all liabilities incurred by the company in carrying out the work have expired or have been satisfied and that a Certificate of Clearance from the Workers' Compensation Board has been received. The company shall, if the Municipality in its absolute discretion so desires, be required to satisfy fidelity bonding requirements by providing such bonding in an amount and form determined by the Municipality. Failure to furnish required surety within two weeks from date of request thereof by the Municipality shall make the award of the Contract by the Municipality subject to withdrawal. 22. WORKPLACE SAFETY AND INSURANCE BOARD All of the Company's personnel must be covered by the insurance plan under the Workplace Safety and Insurance Act, 1997. Upon request by the Municipality, an original Letter of Good Standing for the Workplace Safety and Insurance Board shall be provided prior to the commencement of Work indicating all payments by the Company to the Board have been made. Prior to final payment, a Certificate of Clearance must be issued indicating all payments by the Company to the Board in conjunction with the subject Contract have been made and that the Municipality will not be liable to the Board for future payments in connection with the Company's fulfilment of the contract. Further Certificates of Clearance or other types of certificates shall be provided upon request. 23. INSURANCE The company shall maintain and pay for Comprehensive General Liability insurance including premises and all operations. This insurance coverage shall be subject to limits of not less than $2,000,000.00 inclusive per occurrence for third party Bodily Injury and Property Damage or such other coverage or amount as may be requested. The policy shall include the Municipality as an additional insured in respect of all operations performed by or on behalf of the Company. A certified copy of such policy or certificate shall be provided to the respective participant prior to commencement of the work. Further certified copies shall be provided upon request. 24. LIABILITY The company agrees to defend, fully indemnify and save harmless the Municipality from all actions, suits, claims, demands, losses, costs, charges and expenses whatsoever for all damage or injury including death to any person and all damage to any property which may arise directly or indirectly by reason of a requirement of the contract, save and except for damage caused by the negligence of the Municipality or its employees. The Company agrees to defend, fully indemnify and save harmless the Municipality from any and all charges, fines, penalties and costs that may be incurred or paid by the Municipality if the Municipality or any of its employees shall be made a party to any charge under the Occupational Health and Safety Act in relation to any violation of the Act arising out of this contract. 25. VISITING THE SITE The Company shall carefully examine the site and existing building and services affecting the proper execution of the work, and obtain a clear and comprehensive knowledge of the existing conditions. No claim for extra payment will be allowed for work or difficulties encountered due to conditions of the site which were visible or reasonably inferable, prior to the date of submission of Tenders. Bidders shall accept sole responsibility for any error or neglect on their part in this respect. 26. SAFETY The Company shall obey all Federal, Provincial and Municipal Laws, Act, Ordinances, Regulations, Orders-in-Council and By-laws, which could in any way pertain to the work outlined in the Contract or to the Employees of the Company. Without limiting the generality of the foregoing, the Company shall satisfy all statutory requirements imposed by the Occupational Health and Safety Act and Regulations made thereunder, on a contractor, a Constructor and/or Employer with respect to or arising out of the performance of the Company's obligations under this Contract. The Company shall be aware of and conform to all governing regulations including those established by the Municipality relating to employee health and safety. The Company shall keep employees and subcontractors informed of such regulations. The Company shall provide Material Safety Data Sheets (MSDS) to the Municipality for any supplied Hazardous Materials. 27. UNPAID ACCOUNTS ft The company shall indemnify the Municipality from all claims arising out of unpaid accounts relating to the work. The Municipality shall have the right at any time to require satisfactory evidence that the work in respect of which any payment has been made or is to be made by the Municipality is free and clear of liens, attachments, claims, demands, charges or other encumbrances. 28. SUSPENSION OF WORK The Municipality may, without invalidating the contract, suspend performance by the company from time to time of any part or all of the work for such reasonable period of time as the Municipality may determine. The resumption and completion of work after the suspension shall be governed by the schedule established by the Municipality. 29. CHANGES IN THE WORK The Municipality may, without invalidating the contract, direct the Company to make changes to the work. When a change causes an increase or decrease in the work, the contract price shall be increased or decreased by the application of unit prices to the quantum of such increase or decrease, or in the absence of applicable unit prices, by an amount to be agreed upon between the Municipality and the Company. All such changes shall be in writing and approved by the Municipality. 30. CONFLICT OF INTEREST No employee or member of Council of the Municipality shall sell goods or services to the Municipality in accordance with the Municipality of Clarington Policy or have a direct or indirect interest in a Company or own a Company which sells goods or services to the Municipality. 31. MUNICIPAL FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY ACT FIPPA 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. r i 1 1 CORPORATION OF THE MUNICIPALITY OF CLARINGTON CONTRACT NO. CL2002-26 INSTRUCTIONS TO TENDERERS P\29183\Specs\19230•IT.doc INDEX INSTRUCTIONS TO TENDERERS CONTRACT NO. CL2002-26 CLAUSE SUBJECT PAGE 1. GENERAL..... ..........................................................................................................1 2. BLANK FORM OF TENDER ...............................................................................................1 3. TENDER DEPOSITS..........................................................................................................1 ' 4. BONDS ...........................................................................................................................2 5. RIGHT TO ACCEPT OR REJECT TENDERS ......................................................................... 2 6. UNACCEPTABLE TENDERS ..............................................................................................2 7. ABILITY AND EXPERIENCE OF TENDERER........................................................................2 8. PROVINCIAL SALES TAX .................................................................................................2 9. GOODS AND SERVICES TAX (GST) ...................................................................................3 10. EXECUTE CONTRACT DOCUMENTS .................................................................................3 ' 11. COMMENCEMENT OF WORK............................................................................................3 12. LOCATION......................................................................................................................3 13. TENDERERS TO INVESTIGATE..........................................................................................3 14. INQUIRIES DURING TENDERING.......................................................................................4 15. DEFINITION OF OWNER/AUTHORITY AND ENGINEER/CONTRACT ADMINISTRATOR............4 16. ADDENDA......................................................................................................................4 17. UTILITIES.......................................................................................................................4 i 1 PAGE ONE INSTRUCTIONS TO TENDERERS CONTRACT NO. CL2002-26 1. GENERAL ' SEALED Tenders plainly marked "Contract No. CL2002-26 " will be received until: 2:00:00 p.m., LOCAL TIME, FRIDAY, AUGUST 23, 2002 and shall be addressed to: Ms. Pattie Barrie, Clerk Corporation of the Municipality of Clarington ' Municipal Administration Centre 40 Temperance Street BOWMANVILLE, Ontario, L1C 3A6 2. BLANK FORM OF TENDER One copy of the Tender, on the forms provided, shall be submitted. All information requested shall be shown in the tender, in the space provided. 3. TENDER DEPOSITS All tenders shall be accompanied by a certified cheque or a bid bond 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 $1,000.00 20,000.01 to 50,000.00 2,000.00 50,000.01 to 100,000.00 5,000.00 100,000.01 to 250,000.00 10,000.00 250,000.01 to 500,000.00 25,000.00 500,000.01 to 1,000,000.00 50,000.00 1,000,000.01 to 2,000,000.00 100,000.00 2,000,000.01 and over 200,000.00 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. INSTRUCTIONS TO TENDERERS CONTRACT NO. CL2002-26 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. i8. PROVINCIAL SALES TAX Provincial Retail Sales Tax shall be included in tendered prices for material supplied under this Contract. INSTRUCTIONS TO TENDERERS CONTRACT NO. CL2002-26 3. 9. GOODS AND SERVICES TAX GST The Tenderer shall NOT include any amount in his tender unit prices for the Goods and Services Tax. The GST will be shown on each payment certificate and will be paid to the Contractor in addition to the amount certified for payment and will therefore not affect the Contract unit prices. 10. EXECUTE CONTRACT DOCUMENTS Tenders shall be open for acceptance for a period of 30 days after the closing date. After this time the tender may only be accepted with the consent of the successful Tenderer. The successful Tenderer shall execute the Contract Documents and furnish the required bonds within 10 calendar days of receipt of notification of Acceptance of Tender. Failure by the successful Tenderer to meet the above requirements will entitle the Authority to cancel the award of the Contract and to retain the tender deposit as compensation for damages sustained due to the successful Tenderer's default. The Authority may then award the Contract to one of the other Tenderers or take such other action as it chooses. 11. COMMENCEMENT OF WORK The successful Tenderer shall commence work at the site within 7 calendar days of the official commencement date as specified in the written order issued in accordance with GC7.01.02 of the General Conditions. 12. LOCATION The works are located as follows: ' Bridge No. 99031, Concession Road No. 6, West of Solina Bridge No. 99033, Concession Road No. 6, West of Old Scugog Road Bridge No. 99037, Concession Road No. 7, West of Old Scugog Road Municipality of Clarington. (See attached Location Plan) 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. INSTRUCTIONS TO TENDERERS CONTRACT NO. CL2002-26 4. ' 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. INQUIRIES DURING TENDERING The Tenderer is advised that inquiries regarding the interpretation of the plans or specifications, ' shall be directed to the Contract Administrator, TSH, Telephone: 905-372-2121, attention: Roy Kempton, P.Eng. ' 15. DEFINITION OF OWNER/AUTHORITY AND ENGINEERICONTRACT ADMINISTRATOR Wherever the word "Owner" or "Authority" or "Corporation" appears in this Contract, it shall be interpreted as meaning the "Corporation of the Municipality of Clarington". ' Wherever the word "Ministry", "M.T.C." or "M.T.O" appears it shall be deemed to mean the "Ministry of Transportation, Ontario" or the "Corporation of the Municipality of Clarington". Wherever the word "Contract Administrator" or "Engineer" appears in this Contract it shall be deemed to mean the Consultants, 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: ' Enbridge Consumers: Mr. Frank Cholewa Bell Canada: Mr. Mark Clarey Gas Tel: 905-884-9105 Tel: 905-433-3632 ' Hydro One: Mr. Jim Hisson Cable TV: Ms. Cindy Ward Tel: 905-623-1071 Tel: 905-579-1601 r 1 1 1 r i i r CORPORATION OF THE MUNICIPALITY OF CLARINGTON CONTRACT NO. CL2002-26 1 1 1 1 1 r r SPECIAL PROVISIONS - GENERAL r r r INDEX SPECIAL PROVISIONS-GENERAL CONTRACT NO. CL2002-26 ' CLAUSE SUBJECT PAGE 1. GUARANTEED MAINTENANCE .......................................................................... 1 2. CONTRACT TIME AND LIQUIDATED DAMAGES...................................................1 3. CONTRACTOR'S AUTHORIZED REPRESENTATIVE ...............................................2 4. OPS GENERAL CONDITIONS...............................................................................2 ' 5. LAYOUT............................................................................................ .3 6. RESTRICTIONS ON OPEN BURNING ....................................................................3 7. PAYMENTS.......................................................................................................3 8. UTILITIES.........................................................................................................4 9. HAUL ROADS ...................................................................................................4 10. DUST CONTROL................................................................................................4 11. TRAFFIC CONTROL, FLAGGING .........................................................................5 ' 12. CONTRACTOR'S SUPPLY OF CONSTRUCTION SIGNS............................................5 13. MAINTENANCE OF TRAFFIC..............................................................................6 14. EMERGENCY AND MAINTENANCE MEASURES ...................................................6 15. ENGINEERING FIELD OFFICE.............................................................................6 16. MANAGEMENT AND DISPOSAL OF EXCESS MATERIAL........................................7 17. OCCUPATIONAL HEALTH AND SAFETY ACT 1991 -DESIGNATED SUBSTANCES.....7 18. WORKPLACE HAZARDOUS MATERIAL INFORMATION SYSTEM (WHMIS) ..............9 19. SPILLS REPORTING ...........................................................................................9 20. GARBAGE COLLECTION ....................................................................................9 21. DELIVERY OF TEST SAMPLES............................................................................9 22. GOVERNMENTAL REQUIREMENTS................................................................... 10 23. ENTRY ONTO PRIVATE PROPERTY................................................................... 10 ' 24. STORAGE AREAS ............................................................................................ 10 25. CONSTRUCTION LIEN ACT ............................................................................. 10 26. PROPERTY OWNER'S RELEASE OF PRIVATELY OWNED LAND USED BY THE CONTRACTOR ................................................................................................ 12 SCHEDULE ( C) - CONTRACTOR SAFETY - POLICY AND PROCEDURE ' P\29183\Specs\19231-SPG.doc i PAGE ONE SPECIAL PROVISIONS -GENERAL CONTRACT NO. CL2002-26 GUARANTEED MAINTENANCE Section GC7.15.02 of the General Conditions is revised in that the Contractor shall guarantee and maintain the entire work called for under this Contract for a period of twenty-four(24)months. The Contractor shall make good in a permanent manner, satisfactory to the Authority, any and all defects or deficiencies in the work, both during the construction and during the period of maintenance as aforesaid. The Contractor shall commence repairs on any work identified as defective under this clause within 48 hours of receipt of notice from the Authority or the Contract Administrator. The decision of the Authority and the Contract Administrator shall be final as to the necessity for repairs or for any work to be done under this Section. 2. CONTRACT TIME AND LIQUIDATED DAMAGES ' (1) Time ' Time shall be the essence of this contract. For purposes of this Contract, GC 1.04 of the General Conditions is revised, in that Contract ' Time means the time stipulated herein for Completion of the Work as defined in Clause GC1.06. (2) Progress of the Work and Contract Time The charging of working days shall commence on Monday, September 23, 2002 and the Contractor shall diligently prosecute the work on this contract to completion on or before the expiration of twenty (20) working days from the date of commencement. If the contract time above specified is not sufficient to permit completion of the work by the Contractor working a normal number of hours each day or week on a single daylight shift basis, it is expected that additional and/or augmented daylight shifts will be required throughout the life of the contract to the extent deemed necessary by the Contractor to insure that the work will be completed within the contract time specified. Any additional costs occasioned by compliance with these provisions will be considered to be included in the prices bid for the various items of work and no additional compensation will be allowed therefore. Working days shall be charged until the date of completion of the work as set out in the 1 Certificate of Completion issued in accordance with GC8.02.03.06. i SPECIAL PROVISIONS-GENERAL CONTRACT NO. CL2002-26 2. ' (3) Working Day ' Working Day as defined in GC1.04 is modified by the addition of the following under Paragraph (a): Except any day from inclusive, even though the Contractor may elect to carry out any approved work as called for under this Contract during this period. The Contract Administrator will furnish to the Contractor for his signature a weekly "Statement of Record of Working Days". The Contractor will be allowed two weeks in which to file a written protest setting forth in what respects the said weekly statement is incorrect, otherwise, the statement shall be deemed to have been accepted by the Contractor ' as correct. (4) Liquidated Damages It is agreed by the parties to the contract that in case all the work called for under the contract is not completed within the number of working days as set forth in the special provisions or as extended in accordance with Section GC3.07 of the General Conditions, a loss or damage ' will be sustained by the Authority. Since it is and will be impracticable and extremely difficult to ascertain and determine the actual loss or damage which the Authority will suffer ' in the event of and by reason of such delay, the parties hereto agree that the Contractor will pay to the Authority the sum of ONE THOUSAND DOLLARS ($1,000.00) as liquidated damages for each and every calendar day's delay in achieving completion of the work in excess of the number of working days prescribed. It is agreed that this amount is an estimate ' of the actual loss or damage to the Authority which will accrue during the period in excess of the prescribed number of working days. The Authority may deduct any amount under this paragraph from any moneys that may be due or payable to the Contractor on any account whatsoever. The liquidated damages payable under this paragraph are in addition to and without prejudice to any other remedy, ' action or other alternative that may be available to the Authority. 3. CONTRACTOR'S AUTHORIZED REPRESENTATIVE ' Authorized representative as referenced in GC7.01.07 is defined as an employee of the Contractor. 4. OPS GENERAL CONDITIONS ' Wherever in this Contract reference is made to the General Conditions, it shall be interpreted as meaning the OPS General Conditions of Contract, September 1999. SPECIAL PROVISIONS-GENERAL CONTRACT NO. CL2002-26 3. 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 alignment and grade controls necessary for construction. The Contractor shall provide the Contract Administrator with sufficient advance notice of his requirements to permit appropriate scheduling of the layout work. The layout performed by the Contract Administrator shall be sufficient to permit construction of the work by the Contractor in compliance with the Contract Documents, but shall not relieve the Contractor of his responsibility for the provision of qualified personnel and normal tools of the trade, as necessary for the transfer or setting of the secondary lines and grades from the primary controls provided. Tools of the trade are interpreted to include but not necessarily be limited to hand and line levels, boning rods, tape measures, lasers, etc. 6. RESTRICTIONS ON OPEN BURNING Open fires will not be permitted within the limits of this Contract. Brush and debris may as an alternative to burning, be disposed of outside the Contract Limits and in compliance with the requirements specified elsewhere for Management and Disposal of Excess Material. 7. PAYMENTS Except as herein provided, payments under this Contract will be made in accordance with Section GC8.02.03 of the General Conditions. Notwithstanding the provisions of the General Conditions respecting certification and payment, the Authority may withhold 2-1l2 percent of the total value of work performed beyond the expiration of 46 days from the date of publication of the Certificate of Substantial Performance, to enable the Contract Administrator to produce the final detailed statement of the value of all work done and material furnished under the Contract. As a condition of holdback reduction from 10% to 2-112%, the Contractor shall supply a Statutory Declaration as defined in GC8.02.03.07 03)(b) and advertise the Certificate of Substantial Performance per GC8.02.03.04(03). The Completion Payment Certificate to include statutory holdback release, will be issued within 120 days after the date for completion as specified under GC 1.06. The date for interest due to late payment shall commence following 180 days after the date of completion of the work. As a condition of the final holdback payment, the Contractor shall provide the required Property Owner's Releases as specified elsewhere, as appropriate. SPECIAL PROVISIONS-GENERAL CONTRACT NO. CL2002-26 4. The Contractor shall include in his ice for the publication of the Certificate of Substantial P 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. 8. UTILITIES Sections GC2.01 and GC7.12 02) of the General Conditions are deleted in their entirety and are replaced by the following: The Contractor shall be responsible for the protection of all utilities at the job site during the time of construction. The Authority will be responsible for the relocation of utilities where required. However, no claims will be considered which are based on delays or inconvenience resulting from the relocation not being completed before the start of this Contract. The location and depth of underground utilities shown on the Contract drawings, are based on the investigations made by the Authority. It is, however, the Contractor's responsibility to contact the appropriate agencies for further information in regard to the exact location of all utilities, to exercise the necessary care in construction operations and to take such other precautions as are necessary to safeguard the utilities from damage. 9. HAUL ROADS When so required by the Contract Administrator, payment for maintenance and restoration of haul roads will be made for the materials provided and the work performed as specified, at tender prices, or at negotiated prices. 10. DUST CONTROL As a part of the work required under Section GC7.06 of the General Conditions, the Contractor shall take such steps as may be required to prevent dust nuisance resulting from his operations either within the right-of-way or elsewhere or by public traffic where it is the Contractor's responsibility to maintain a roadway through the work. Where the work requires the sawing of asphalt or the sawing or grinding of concrete, blades and grinders of the wet type shall be used together with sufficient water to prevent the incidence of dust, wherever dust would affect traffic or wherever dust would be a nuisance to residents of the area where the work is being carried out. SPECIAL PROVISIONS -GENERAL CONTRACT NO. CL2002-26 5. The cost of all such preventative measures shall be borne by the Contractor except however where water or calcium chloride is used to reduce the dust caused by traffic on a roadway which it is the Contractor's responsibility to maintain for public traffic, the cost of such quantities of water and calcium chloride as are authorized by the Contract Administrator to restrict dust to acceptable levels, shall be paid for by the Authority at the contract prices for Application of Water or Application of Calcium Chloride. 11. TRAFFIC CONTROL, FLAGGING Flagging for traffic control on this Contract shall be in conformance with the procedure outlined in the pamphlet entitled "Correct Methods for Traffic Control" issued by the Construction Safety Associations of Ontario. Copies of this pamphlet may be obtained by request from the Ministry of Transportation's District Office. Each flagman shall, while controlling traffic, wear the following: (i) an approved fluorescent blaze orange or fluorescent red safety vest, and (ii) an approved fluorescent blaze orange or fluorescent red armband on each arm, and (iii) an approved fluorescent blaze orange or fluorescent red hat. 12. CONTRACTOR'S SUPPLY OF CONSTRUCTION SIGNS In accordance with Section GC7.06 of the General Conditions, the Contractor is responsible for the supply, erection, maintenance and subsequent removal of all temporary traffic controls, including signs, lights, barricades, delineators, cones, etc., required on the work. Traffic controls shall be provided in general accordance with the latest edition of the `Manual of Uniform Traffic Control Devices', Division 5. As a minimum requirement and without restricting the Contract Administrator or the Authority in requiring further controls, the following signs shall be supplied: Sign Number Sign Message n Required TC-1 CONSTRUCTION TC-41A CONSTRUCTION ZONE BEGINS TC-41B CONSTRUCTION ZONE ENDS Traffic controls shall be operational before work affecting traffic begins. SPECIAL PROVISIONS-GENERAL CONTRACT NO. CL2002-26 6. 13. MAINTENANCE OF TRAFFIC One lane of traffic shall be maintained adjacent to each site during the working day. Two lanes shall be in operation at the end of each working day. Pedestrian traffic shall be maintained at all times. It is understood that implementation of traffic controls will require ongoing review and adjustment to suit construction operations. No deviation from the above procedure will be allowed except with the approval of the Engineer. The Contractor shall be responsible for all signing at the contract limits and within the contract limits. The Contractor shall ensure the signing is properly maintained while in use. It shall be the Contractor's responsibility to directly notify Police, Fire, Hospital and Ambulance services of road closures at least 24 hours in advance of such closures and to notify these same authorities when such closures are no longer in effect in the event that a road closure is required. 14. EMERGENCY AND MAINTENANCE MEASURES Whenever the construction site is unattended by the general superintendent, the name, address and telephone number of a responsible official of the contracting firm, shall be given to the Contract Administrator. This official shall be available at all times and have the necessary authority to mobilize workmen and machinery and to take any action as directed by the Contract Administrator in case emergency or maintenance measures are required regardless whether the emergency or requirement for maintenance was caused by the Contractor's negligence, act of God, or any cause whatsoever. Should the Contractor be unable to carry out immediate remedial measures required, the Authority will carry out the necessary repairs, the costs for which shall be charged to the Contractor. 15. ENGINEERING FIELD OFFICE A separate field office for the Contract Administrator will not be required on this Contract. 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. SPECIAL PROVISIONS-GENERAL CONTRACT NO. CL2002-26 7• 16. MANAGEMENT AND DISPOSAL OF EXCESS MATERIAL The requirements of OPSS 180 shall apply to this Contract, revised as follows: 1 Section 180.03, Definitions, shall be amended by the addition of the following: Work area: means the road allowance, right-of-way, and property with a boundary common to the road allowance or right-of-way within the Contract limits. .2 Subsection 180.07.02, Conditions on Management by Re-Use, shall be amended by the addition of the following: Recycled hot mix asphalt or excess bituminous pavement shall not be used as trench backfill or bedding. The Contractor shall be responsible for obtaining a copy of applicable Form Nos. OPSF 1800, OPSF 1801, OPSF 1803 and OPSF 1805 for use where appropriate with respect to disposal of excess material. 17. OCCUPATIONAL HEALTH AND SAFETY ACT 1991 -DESIGNATED SUBSTANCES In accordance with the requirements of Section 18a(1) of the Occupational Health and Safety Act, the Authority has determined that the designated substances as listed hereunder are present on the site and within the limits of this Contract. SPECIAL PROVISIONS - GENERAL CONTRACT NO. CL2002-26 8. Designated Identified on this Site Location Substance Acrylonitrile No Arsenic No Asbestos No Benzene No Coke Oven Emissions No Ethylene Oxide No Isoc nates No Lead No Mercury No Silica No Vinyl Chloride No It is the responsibility of the Contractor to ensure that all sub-contractors performing work under this Contract have received a copy of this specification, where Designated Substances are identified as being present at the site of the work. The Contractor shall comply with the governing Ministry of Labour Regulations respecting protection of workers, removal, handling and disposition of the Designated Substances encountered on this Contract. Prior to commencement of this work, the Contractor shall provide written notification to the Ministry of the Environment at 7 Overlea Boulevard, Toronto, Ontario, M411 1A8, of the location(s)proposed for disposal of Designated Substances. A copy of the notification shall be provided to the Contract Administrator a minimum of two weeks in advance of work starting. In the event that the Ministry of the Environment has concerns with any proposed disposal location, further notification shall be provided until the Ministry of the Environment's concerns have been addressed. All costs associated with the removal and disposition of Designated Substances herein identified, shall be deemed to be included in the appropriate tender items. Should a Designated Substance not herein identified be encountered in the work, then management of such substance shall be treated as Extra Work. SPECIAL PROVISIONS-GENERAL CONTRACT NO. CL2002-26 9. 18. WORKPLACE HAZARDOUS MATERIAL INFORMATION SYSTEM (WHMIS) Reporting Prior to the commencement of work the Contractor shall provide, to the Contract Administrator, a list of those products controlled under WHMIS which he expects to use on this Contract. Related 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. 19. SPILLS REPORTING Spills or discharges of pollutants or contaminants under the control of the Contractor, and spills or discharges of pollutants or contaminants that are a result of the Contractor's operations that cause or are likely to cause adverse effects shall forthwith be reported to the Contract Administrator. Such spills or discharges and their adverse effects shall be as defined in the Environmental Protection Act R.S.O. 1980. All spills or discharges of liquid, other than accumulated rain water, from luminaires, internally illuminated signs, lamps, and liquid type transformers under the control of the Contractor, and all spills or discharges from this equipment that are a result of the Contractor's operations shall, unless otherwise indicated in the Contract, be assumed to contain PCB's and shall forthwith be reported to the Contract Administrator. This reporting will not relieve the Contractor of his legislated responsibilities regarding such spills P g or discharges. 20. GARBAGE COLLECTION The Contractor will be responsible for ensuring that garbage collection, including recyclables, is maintained and when necessary, the Contractor shall make arrangements directly with the collecting agency, to permit and co-ordinate pick-up. Garbage pick-up is handled by Canadian Waste Services, at 1-800-789-8886. Recyclable material is handled by Miller Waste Systems at 1-800-461-1582. 21. DELIVERY OF TEST SAMPLES 1 The Contractor shall include in his tender prices for the cost of delivery of concrete test cylinders and asphalt samples to a designated testing laboratory. For this contract test cylinders shall be delivered to 100 Scotia Court, Whitby, Ontario. SPECIAL PROVISIONS - GENERAL CONTRACT NO. CL2002-26 10. 22. GOVERNMENTAL REQUIREMENTS The Contractor shall obey all Federal, Provincial and Municipal laws, Acts, Ordinances, Regulations, Orders-in-Council and By-laws, which could in any way pertain to the work outlined in the Contract or to the Employees of the Contractor. Without limiting the generality of the foregoing, the Contractor shall satisfy all statutory requirements imposed by the Occupational Health and Safety Act and regulations made thereunder on a contractor, a constructor and/or an employer with respect to or arising out of the performance of the Contractor's obligations under this Contract. 23. 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. 24. STORAGE AREAS Clause GC3.06.01 of the General Conditions of Contract is amended by the addition of the following: The use of the road right-of-way as a long term storage area is not allowed under this Contract. The storage of materials and movement of equipment will only be allowed for normally accepted construction practices. 25. CONSTRUCTION LIEN ACT The Contractor shall give the Authority notice in writing, immediately, of all lien claims or potential lien claims coming to the knowledge of the Contractor or his agents. When a claim for lien is filed by a Subcontractor, labour or material supplier or equipment renter acting under the Contractor, and proceedings are commenced by the Authority to vacate the lien, the Contractor agrees and shall forthwith pay to the Authority, in addition to their reasonable legal fees therefore, all interest costs and expenses incurred by the Authority and an additional sum equal to ten percent (10%) of the sum found to be owing as liquidated damages, and such remedy shall be in addition to any other remedy available to the Authority under the Contract Documents. Where any lien claimant asks from the Authority the production for inspection of the Contract Documents or the state of the accounts between the Authority and the Contractor, the Contractor shall be liable for an administration fee of Two Hundred Dollars ($200.00) for each request made as compensation for the preparation of such accounting or for the preparation of the Contract, or SPECIAL PROVISIONS-GENERAL CONTRACT NO. CL2002-26 11. both, as the case may be, and the Contractor acknowledges that such administrative fee shall be properly deductible, if the Authority should so choose, from monies otherwise payable to the Contractor under the terms of the Contract Documents. Where an application is brought to a judge of a competent jurisdiction to compel production of any particular document to a lien claimant, the Contractor further agrees to indemnify the Authority from reasonable legal fees incurred in appearing on such an application and in addition agrees to pay to the Authority its reasonable costs incurred in producing such documents to the extent that the same is made necessary under the disposition of the matter by such judge, and the Contractor further agrees that such reasonable costs and fees incurred by the Authority as stated herein may be properly deductible from monies otherwise payable to the Contractor under the terms of the Contract Documents. i t 1 SPECIAL PROVISIONS-GENERAL CONTRACT NO. CL2002-26 12. 2 . 6 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 P P of a form of release signed by each property owner, upon whose land he has entered for purposes associated with the Contractor's operations but not for the purpose of undertaking works stipulated in the Contract: Date ....................... To: Mr. A. S. Cannella, C.E.T., Director of Engineering Services Corporation of the Municipality of Clarington Municipal Administration Centre, 40 Temperance Street BOWMANVILLE, Ontario L1C 3A6 Re: Contract No. CL2002-26 Dear Sir: I hereby certify that (Name of Contractor) have fulfilled the terms of our agreement and have left my property in a satisfactory condition. I have accepted their final payment and release (Name of Contractor) and the Corporation of the Municipality of Clarington from further obligations. Yours very truly, .................................. Signature Property Owner's Name............................Lot......Concession.......... Municipality of ........................................ (Please complete above in printing) Final payment will not be released to the Contractor until all the applicable forms of release have been signed by the property owners and received by the Authority. I TEDULE (C) NTRACTOR SAFETY POLICY AND PROCEDURE Continued... IHEALTH AND SAFETY PRACTICE FORM SCHEDULE W To Contractor(s): I Municipality of Clarington is committed to a healthy and safe working environment for all workers. To ure the Municipal workplace is a healthy and safe working environment, contractors, constructors and s contractors must have knowledge of and operate in compliance with the Occupational Health and Safety and any other legislation pertaining to employee health and safety. In order to evaluate your company's health and safety experience, please provide the accidentrncident al6or Workplace Safety and Insurance Board (WSIB) information noted below,where applicable. 0 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 i ............................................................................................. Injury frequency performance for the last two years -This may be available from the contractor's trade association Has the contractor received any Ministry of Labour warnings or orders in the last two years? (If the answer is yes, please include the infraction). 0 Confirmation of Independent Operator Status -The WSIB independent operator number assigned: (Bidders to include the letter confirming this status and number from WSIB with their bid submission.) I XLTLUCTOR LE (C) SAFETY PILICY AND PROCEDURE Continued... CONTRACTOR'S STATEMENT OF RESPONSIBILITY As a contractor working for the Municipality of Clarington, I/we will comply with all procedures and requirements of the Occupational Health and Safety Act, Municipal safety policies, department and site specific policies and procedures and other applicable legislation or regulations. i/we will work safely with skill and care so as to prevent an accidental injury to ourselves, fellow employees and members of the public. 1. The contractor/successful tenderer certifies that it, its employees, its subcontractors and their employees, a) are aware of their respective duties and obligations under the Occupational Health and Safety Act, as amended from time to time, and all Regulations thereunder(the"Act'); and - b) have sufficient knowledge and training to perform all matters required pursuant to this contract/tender safely and in compliance with the Act. 2. In the performance of all matters required pursuant to this contract/tender,the contractor/successful tenderer shall, a) act safely and comply in all respects to the Act, and b) ensure that its employees, it subcontractors and their employees act safely and complying all respects with the Act. 3. The contractor/successful tenderer shall rectify any unsafe act or practice and any non- compliance with the Act at its expense immediately upon being notified by any person of the existence of such act, practice or non-compliance. 4. The contractor/successful tenderer shall pennit representatives of the Municipality and the Health and Safety Committee on site at any time or times for the purpose of inspection to determine compliance with this contractorttender. 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. 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, SC EDULE (C) C TRACTOR SAFETY PfICY AND PROCEDURE Continued... b) against any action or claim, and costs related thereto, brought against the Municipality by any person arising out of any unsafe act or practice or any non-compliance with the Act by the contractor/successful tenderer or any of its employees, its subcontractors or their employees in the performance of any matter required pursuant to this contract/tender, and c) from any and all charges, fines, penalties, and costs that may be incurred or paid by the Municipality(or any of its council members or employees) shall be made a party to any charge under the Act in relation to any violation of the Act arising out of this contractAender. ............./ 021 l...................................... Contractor Name of Person Signing for Contractor S ....... .. ..... ............................................................ ..� . S � to� Contractor Date I HEDULE (C) NTRACTOR SAFETY ATE &TIME OF INFRACTION: ESCRIPTION OF INFRACTION INCLUDING LOCATION: ORDER GIVEN BY MUNICIPALITY: DID THE CONTRACTOR COMPLY WITH THIS ORDER? ATE&TIME OF COMPLIANCE: ISSUED TO: CONTRACTOR'S EMPLOYEE TITLE ISSUED BY: MUNICIPAL EMPLOYEE, DEPARTMENT TITLE ART"C"-ADDITIONAL COMMENTS THIS SECTION IS TO BE USED INTERNALLY TO RECORD ADDITIONAL COMMENTS SUBSEQUENT TO ISSUING THE WARNING/STOP WORK ORDER, I.E. DATE AND TIME ORK RESUMED, FURTHER ACTION TAKEN, ETC. HEDULE (C) NTRACTOR SAFETY �LICY AND PROCEDURE Continued... Schedule "B" CONTRACTOR HEALTH AND SAFETY WARNING/STOP WORK ORDER Je purpose of this form is to: (Issuer to check one of the following) Provide warning to the contractor to immediately discontinue the unsafe work practice described below Direct the contractor to immediately cease all work being performed under this contract due to the unsafe work practice described below. FAILURE TO COMPLY WITH THIS WARNING/STOP WORK ORDER SHALL CONSTITUTE A BREACH OF NTRACT. PART"A"-DETAILS OF CONTRACT NTRACT/P.O.# DESCRIPTION: ME OF FIRM: PART"B"- DETAILS OF INFRACTION (TO BE COMPLETED BY ISSUER) CORPORATION OF THE MUNICIPALITY OF CLARINGTON CONTRACT NO. CL2002-26 SPECIAL PROVISIONS - TENDER ITEMS P\29183\Specs\19232-SP-Tl.doc PAGE ONE SPECIAL PROVISIONS - TENDER ITEMS CONTRACT NO. CL2002-26 SITE PREPARATION- ITEMS Al, B1, Cl Under these Items and for the Contract price, the contractor shall supply all labour, equipment and materials required to complete the following works in accordance with the Contract Drawings and to the satisfaction of the Engineer: a) Clearing and grubbing all trees, stumps and brush to accommodate widening of roadway embankments as required. b) All equipment, labour and materials required to strip the roadway embankments to allow for widening of the shoulders and installation of the new guide rail posts, as shown on the drawings and as directed by the Engineer. C) Removing and disposing of all obstacles of the nature of guide rail and posts, rubble, boulders, timbers, etc., not specifically provided for under other Tender Items, to accommodate the installation of the new guide rail on the approaches. d) Clean-up and all incidental work not included in specific Tender Items. All old posts, brush, logs, stumps and other debris resulting from the Contractor's operations under this Item shall be disposed of by the Contractor off site at a location to be arranged by the Contractor at no additional cost to the Municipality and to the satisfaction of the Engineer. Burning of trees, brush and other debris will not be permitted within the limits of the contract. In addition to the work required herein and further described under OPSS 201, the Contractor shall remove and dispose of all boulders within the limits of the required clearing and grubbing operation. All boulders encountered under these operations shall be disposed of away from the site at no additional cost to the Municipality. Any damage caused by the Contractor's operations to the surrounding property shall be repaired by the Contractor at no additional cost to the Municipality and the Engineer. All removals from the site shall remain the property of the Contractor to be disposed of by the Contractor off the limits of the Contract, at a location arranged for by the Contractor at his own expense and to the satisfaction of the Engineer. Suitable excavated earth material shall be used as fill material for the roadway and embankment construction to the extent as shown on the Drawings. The Contractor shall be responsible for making all necessary arrangements to secure areas for stockpiling surplus excavated materials, at his own expense, and to the satisfaction of the Engineer. Materials excavated under these Items which are surplus to or unsuitable for the fill requirements shall be disposed of by the Contractor at his own expense, and to the satisfaction of the Engineer. SPECIAL PROVISIONS — TENDER ITEMS CONTRACT NO. CL2002-26 2. All trees, shrubs and other vegetation as designated by the Engineer to be saved shall be carefully protected from danger or injury, during all construction operations by means of a snow fence at the dripline of the trees or as directed by the Engineer. The Contractor may be required to cut only certain selected trees on certain areas, leaving the rest of the trees in the indicated areas unharmed. The price tendered for these Items shall be compensation in full for all work associated with this Item. Work under these Items shall not commence without prior approval in writing from the Engineer. SINGLE RAIL STEEL BEAM GUIDE RAIL— ITEMS A2, B2, C2 SINGLE RAIL STEEL BEAM GUIDE RAIL AND CHANNEL —ITEMS A3, B3, C3 Under these Items and for the Contract unit prices, the Contractor shall supply all equipment, labour and materials necessary for the supply and installation of new steel beam guide rail and channel, in accordance with OPSS 552, as shown on the drawings and as directed by the Engineer. Installation of the steel beam guide rail will include the following work, as shown on the Drawings and as directed by the Engineer: a) Supply and installation of the steel beam guide rail, posts, bolts, etc., as required to complete the installation of the new steel beam guide rail, as shown on the drawings and as directed by the Engineer. b) All equipment, labour and materials required to widen and regrade the roadway embankments to allow for installation of the new guide rail posts, as shown on the drawings and as directed by the Engineer. Unit price shall include for supply of Granular `A' as required. C) All equipment, labour and materials required for placement of topsoil in accordance with OPSS 570 and for placement of seeding and mulching and sod in accordance with OPSS 571 and 572. Seed type shall be the Salt Tolerant Mix as specified in Table 1 of OPSS 572. The Contractor shall dispose of all excavated materials which are unsuitable for or in excess of the fill requirements under this Contract, at a location arranged for by the Contractor at his own expense and to the satisfaction of the Engineer. CONNECT GUIDE RAIL TO STRUCTURE— ITEMS A4, B4, C4 Under these Items and for the Contract unit prices, the Contractor shall supply all equipment, labour and materials necessary to connect the new steel beam guide rail and channel to the existing structure, in accordance with OPSD 912.430, as shown on the drawings and as directed by the Engineer. SPECIAL PROVISIONS - TENDER ITEMS CONTRACT NO. CL2002-26 3. EXTRUDER END TREATMENT - ITEMS A5, B5 Under these Items and for the Contract unit prices, the Contractor shall supply all equipment, labour and materials necessary for the supply and installation of the extruder end treatments, including high intensity object markers, in accordance with OPSD 922.510, as shown on the drawings and as directed by the Engineer. Installation of the extruder end treatments will include the following work, as shown on the Drawings and as directed by the Engineer: a) Supply and installation of the new extruder end treatments as shown on the drawings and as directed by the Engineer. b) All equipment, labour and materials required to strip, widen and regrade the roadway embankments to allow for installation of the new posts, as shown on the drawings and as directed by the Engineer. C) All equipment, labour and materials required for placement of topsoil in accordance with OPSS 570 and for placement of seeding and mulching in accordance with OPSS 572. Seed type shall be the Salt Tolerant Mix as specified in Table 1 of OPSS 572. The Contractor shall dispose of all excavated materials which are unsuitable for or in excess of the fill requirements under this Contract, at a location arranged for by the Contractor at his own expense and to the satisfaction of the Engineer. ECCENTRIC LOADER- ITEMS A6, B6, C5 Under these Items and for the Contract unit prices, the Contractor shall supply all equipment, labour and materials necessary for the supply and installation of the eccentric loader end treatments, in accordance with OPSS 555, as shown on the drawings and as directed by the Engineer. Installation of the eccentric loader end treatment will include the following work, as shown on the Drawings and as directed by the Engineer: a) Supply and installation of the new eccentric loader end treatment as shown on the drawings and as directed by the Engineer. b) All equipment, labour and materials required to strip, widen and regrade the roadway embankments to allow for installation of the new posts, as shown on the drawings and as directed by the Engineer. C) All equipment, labour and materials required for placement of topsoil in accordance with OPSS 570 and for placement of seeding and mulching in accordance with OPSS 572. Seed type shall be the Salt Tolerant Mix as specified in Table 1 of OPSS 572. SPECIAL PROVISIONS — TENDER ITEMS CONTRACT NO. CL2002-26 4. The Contractors shall dispose of all excavated materials which are unsuitable for or in excess of the fill requirements under this Contract, at a location arranged for by the Contractor at his own expense and to the satisfaction of the Engineer. STEEL POST BASES —ITEM A7 Under this Item and for the Contract unit price, the Contractor shall supply all equipment, labour and materials necessary to fabricate and install the steel base plates, including all drilling, anchors, approved non-shrink grout, etc. for the steel beam guide rail posts in the southeast quadrant of Bridge No. 99031, as shown on the drawings and as directed by the Engineer. CABLE GUIDE RAIL—ITEM C6 Under this Item and for the Contract unit price, the Contractor shall supply all equipment, labour and materials necessary for the supply and installation of new steel cable guide rail, in accordance with OPSS 552, as shown on the drawings and as directed by the Engineer. Installation of the steel cable guide rail will include the following work, as shown on the Drawings and as directed by the Engineer: a) Supply and installation of the steel cable guide rail, posts, bolts, anchors etc., as required to complete the installation of the new steel cable guide rail, as shown on the drawings and as directed by the Engineer. b) All equipment, labour and materials required to regrade the roadway embankments to allow for installation of the new guide rail posts, as shown on the drawings and as directed by the Engineer. Unit price shall include for supply of Granular `A' as required. C) All equipment, labour and materials required for placement of topsoil in accordance with OPSS 570 and for placement of seeding and mulching in accordance with OPSS 572. Seed type shall be the Salt Tolerant Mix as specified in Table 1 of OPSS 572. The Contractor shall dispose of all excavated materials and removals which are unsuitable for or in excess of the fill requirements under this Contract, at a location arranged for by the Contractor at his own expense and to the satisfaction of the Engineer. CORPORATION OF THE MUNICIPALITY OF CLARINGTON CONTRACT NO. CL2002-26 STANDARD DRAWINGS PAGE ONE STANDARD DRAWINGS CONTRACT NO. CL2002-26 STANDARD NO. DESCRIPTION LOCATION PLAN OPSD 202.030 EMBANKMENT WIDENING FOR GUIDE RAIL END TREATMENTS AND TRANSITIONS 208.010 BENCHING OF EARTH SLOPES 902.03 UTILITY ISOLATION IN SIDEWALKS 912.105 GUIDE RAIL SYSTEM, STEEL BEAM BASE PLATE COMPONENT 912.140 GUIDE RAIL SYSTEM, STEEL BEAM WOOD POST ASSEMBLY INSTALLATION- SINGLE RAIL 912.382 GUIDE RAIL SYSTEM, STEEL BEAM PERMANENT TRANSITION INSTALLATION STEEL BEAM WITH ECCENTRIC LOADER TO 3 CABLE, DIVIDED AND UNDIVIDED HIGHWAY 912.401 GUIDE RAIL SYSTEM, STEEL BEAM STRUCTURE CONNECTION COMPONENT- RAIL AND CHANNEL 912.430 GUIDE RAIL SYSTEM, STEEL BEAM STRUCTURE CONNECTION 912.531 GUIDE RAIL SYSTEM, STEEL BEAM END TREATMENT INSTALLATION -ENTRANCES AND INTERSECTING ROADWAYS 913.102 GUIDE RAIL SYSTEM, CABLE THREE AND SIX CABLE COMPONENT - CONCRETE ANCHOR BLOCKS 913.130 GUIDE RAIL SYSTEM, CABLE THREE CABLE-WOOD POST INSTALLATION - SHOULDER 922.430 ENERGY ATTENUATOR, END TREATMENT ECCENTRIC LOADER INSTALLATION - LAYOUT AND POST 922.510 ENERGY ATTENUATOR, END TREATMENT EXTRUDER ASSEMBLY ' 922.530 ENERGY ATTENUATOR, END TREATMENT EXTRUDER INSTALLATION rr �r r III I� r � � r� r rr rr r !fir it rl r• r Or Length varies A Typical guide Breakpoint in rounding rail system -- — �\ 7, - -_..... �oeer -- -- -- Edge of shoulder Edge of pavement <= Traffic flow Aj PLAN VIEW OF WIDENED EMBANKMENT A TABLE EMBANKMENT WIDENING „ v+ c END TREATMENTS OPSD E ° a Steel Beam Guide Rail: o+i 0 o a ° —with Eccentric Loader 922.430 W 0 w� m` —buried end treatment 912.233 Widened embankment Pavement Shoulder Varies Width varies Concrete Barrier 911.231 Box Beam 914.230 Typical guide rail system TRANSITIONS Cable to Steel Beam: 6% O —with Eccentric Loader 912.362 � l or 10:1 or flatter or fl --- --- ---•---- 'softer------------- after Subgrade Granular u���Fks F� S/op Note 1 �----'ret)t e � S ---------------�—\/fie----��-------- SECTION A—A NOTES: 1 Existing embankment to be benched according to OPSO-208.010. ONTARIO PROVINCIAL STANDARD DRAWING Nov 2001 jRevj3 STq, EMBANKMENT WIDENING 0 P FOR GUIDE RAIL END TREATMENTS - - _ - - - - - _ _ 5 �� AND TRANSITIONS F&7P�SD - 202.030 New roadway Existing roadway Subgrade Existing outside edge of shoulder rounding Note 1 E Existing slope to be stripped 0 when specified before benching \\..._.—._.._._.._.— . .o 0 Bench height r- >0.3m and <1.Om Bench width Variable —._--....—..._ _..—._..._._. °► NOTES: 1 When the subgrade is below the existing outside B Benches are to be excavated one level at a time and edge of shoulder rounding, benching shall be the compacted fill brought up before the next carried out below the point where the subgrade benching level is excavated. intersects the existing slope. C All dimensions are in millimetres or metres unless A Benching is not required on existing slopes flatter otherwise shown. than 3:1 or where specked. ONTARIO PROVINCIAL STANDARD DRAWING 1996 02 01 Rev OP BENCHING OF EARTH SLOPES Date - - - - - - OPSD - 208.010 4-28x38mm slots 380 2-20mm dia 40 300 40 bolt hole + + 3 0 o 2 G7 1 T M) E! A � � A o cc -- T T 2-50x12mm Centred on base drainage slot PLAN 20mm dia bolt hole, Typ to Square galvanized HSS 203x203x6.35 x 280mm long I 12-1 Drainage slot 16.J� SECTION A—A FOR SQUARE WOOD POST FOR STEEL BEAM GUIDE RAIL NOTES: A All dimensions are in millimetres unless otherwise shown. ONTARIO PROVINCIAL STANDARD DRAWING Nov 2001 Rev 0 sr GUIDE RAIL SYSTEM, STEEL BEAM _ _ _ _ _ _ _ _ _ _ P s BASE PLATE - - - - - - - - - - COMPONENT OPSD - 912. 05 rr r rl r� r► r r rr r rr rr rr r r� rI� nr r■�c �r r 1905 1905 POST BOLT AND HOLE 1905 1905 Hole Post bolt Channel Past Post dia mm Guide rail Offset block mm 4V �42 1 Offset block A 18 16x460 PLAN (91 18 16x310 PLAN Guide rail 15mm dia x 75mm long 4—M16 chemical type anchor bolts, lag bolt each with a min pullout value of Rounding Shoulder--- 95kN in 20MPo concrete, Typ ---Shoulder Rounding Lap in direction of traffic 40 Lap in direction 40 1 of traffic --T ' and P q washer M� O �- b d O M 00 O O ;Nut sees OPSD-912.105 A viZ - - - - M `O z I TYp g c i i c A O E o T• y o I �E �E ELEVATION SIDE VIEW ELEVATION SIDE VIEW SINGLE RAIL SINGLE RAIL WITH CHANNEL NOTES: 1 Where guide rail is adjacent to curb, mounting height shall B Wooden posts and offset blocks: be measured: Size 200x2OOmm nominal, 190090mm ± 1.5mm dressed, a) Vertically at face of guide rail when face of guide rail tops to have 25mm chamfer. is more than 300mm beyond gutter line. C This OPSD to be read in conjunction with OPSD-912.101 b) Vertically at gutter line when face of guide rail is and 912.102. 300mm or less beyond gutter line. D All dimensions are in millimetres unless A Washer not required at front face of rail. One bolt otherwise shown. located at centre of steel beam guide rail. ONTARIO PROVINCIAL STANDARD DRAWING Nov 2001 1 Rev 10 ST,1, GUIDE RAIL SYSTEM, STEEL BEAM _ P WOOD POST ASSEMBLY - _ _ _ _ _ - _ _ INSTALLATION - SINGLE RAIL r-op< -- 912. 140 rr �■r rl� rl r r r Ir rr rr r rr rl� �r r rr rr rr r� Length of SBGR installation 24.26m Eccentric loader end treatment Note 2 Breakpoint in rounding -.-�'��, 5800 �- 0 6.-I Z3000 --- ------ -- _- -- N o v Cable guide rail v- Cable guide rail overlap 16.3m min _I Edge of shoulder Anchor block PLAN 150mm dia See detail B round posts 568 8-1 n 685 685 rTT-' 11 11 : Anchor I i---block G= Traffic flow for approach end Traffic flow for leaving end treatment treatment on divided and undivided highways on undivided highways ELEVATION A 20 SBGR 4-6mm dia zinc plated hex head --19 fine thread, self drilling self topping I 2 fasteners, 19mm long Bracket Post 00 Note 1 Offset block R=9mm °' NOTES' Cable rn 1 3mm thick galvanized steel plate shaped f--70 �— -I- N to fit inside steel beam guide rail. Bracket. Note 1 4-5mm 2 The length of SBGR shall be the calculated rn dia holes Length of Need or 24.26m whichever is 'f Clamp greater. 00 see [:�76 26--IR=3mm detail A --{ A This OPSD to be read in conjunction with r OPSD-912.130, 912.131, 912.140, 913.102, Post bolt 6mm, Typ 913.130, and 922.430. A B All dimensions are in millimetres unless DETAIL A DETAIL B otherwise shown. Butt weld ONTARIO PROVINCIAL STANDARD DRAWING Nov 2001 Rev ro STav 3-13mm dia cables GUIDE RAIL SYSTEM, STEEL BEAM o P PERMANENT TRANSITION INSTALLATION Steel beam guide rail STEEL BEAM WITH ECCENTRIC LOADER TO 3 CABLE SECTION A—A DIVIDED AND UNDIVIDED HIGHWAY OPSD - 912.382 rr rr Ir r >trr r r r rr r rr r rr r r r� irl � r I 1 Steel let 130x1084mm e 10 x r� p 1534 900 475 159 1559 75 rl 80 130 515 108 108 1084 159 A o 0 100 18095130 185 51 330 108 108 475 108 108 51 3-32mm die holes o o .� ..W_ -'(p-1 -es- -<D--- -9—- -�- -— a-_�I -m- 0 0 3-32mm din holes 159--4 Note 2 A L-Oo. B 10-19x29mm 2-19x63mm ANCHORAGE BACK—UP RAIL slotted holes slotted holes FRONT AND SIDE ELEVATION CHANNEL—FRONT AND SIDE ELEVATION 1 1 I 1559 Steel beam a Steel plate 410 515 475 159 — -' guide rail '^ M 25 (t,80 130 75 440 108108 Steel A L channel 0 0 541�- Steel bearing plate 15x66x460mm o o SECTION A—A SECTION B—B Note t —m- NOTES: 3-32mm dia holes 0 0 1 End sections shall be welded with 2.5mm fillets and standard A guide rail element materials shall be used. 2.5 ANCHORAGE FRONT RAIL 2 Channel with swaged end shall be used at structure approach and non swaged end section shall be used at structure exit. FRONT AND SIDE ELEVATION A All welds shall be to low hydrogen classification and shall be ground smooth. Manual electrodes shall be E7015, E7016, and E7018. 15x66x460mm 8 This OPSD to be read in conjunction with OPSD-912.101 1. steel bearing plate and 912.102. 1—"_ C All dimensions are in millimetres unless otherwise shown. to N ONTARIO PROVINCIAL STANDARD DRAWING Nov 2001 JRevJ0 T T— Front rail GUIDE RAIL SYSTEM, STEEL BEAM S STRUCTURE CONNECTION - - - - - - - - - STEEL BEARING PLATE DETAIL COMPONENT — RAIL AND CHANNEL FOPSD - 912.401 it = Traffic flow One standard beam element Vertical transition, Note 1 Post spacing ±5mm 2 standard beam elements 1400 1400 475 1.905m Standard post spacing 135 1 135 5 minim min Note4 M IM C3 C3 C3;;,,9M C3 Top of pavt elevation -----"" LEAVING END I APPROACH END Note 2 Note 3 Structure '' n ectj0n 159 i connection rail ';+' Embedded plate anchor c°n as per OPSD-4010.000 ocb an E 15 3—M22—A490M bolts or threaded N 6—M22x70mm long o rod of equivalent strength in 25mm dia re A325M gale bolts y; holes, drawn tight. Bolt length shall tro°to ago with goly washers include wall thickness plus 75mm 5��;5 Steel �' p 13 plate =;;;' 3-100x150x20mm thick 18 fro o galvanized washers and o Structure 2 lock nuts EMBEDDED ANCHORAGE connection rail y� •`. 2—A490M nuts NEW CROSS—SECTION ° 3—M22—A490M bolts or threaded rod o 'o 0 of equivalent strength in 25mm dia ., ;. holes, drawn tight. Bolt length shall °o Structure connection rail Steel plate include wall thickness plus 75mm o. yt�ero n°0n°o • �po� Off c 11 4.6mm thick galvanized washers p fyPte h ir°1r Bolt—A490M ;'};� and 2 lock nuts ° onc� Washer—A490M Cc BOLT THROUGH EXISTING CROSS—SECTION NOTES: ANCHORAGE DETAIL ; 1 Horizontal and vertical transitions apply 4 Steel beam guide rail and channel to be field drilled to suit. to structure approach and leaving end Coat holes and bolt heads with approved zinc rich paint. curb and gutter termination. A This OPSD to be read in conjunction with OPSD-912.130, 912.131, 912.140, 2 Channel post bolt at offset blocks to be 912.401, and 912.530. 510mm long. End of bolts to be saw—cut, B All dimensions are in millimetres unless otherwise shown. flush with face of nut. 3 When channel is to be discontinued, a 7.62m termination shall ONTARIO PROVINCIAL STANDARD DRAWING Nov 2001 1 Rev I 0 srav commence at the third beam '° element joint beyond the end of o P approach slab. GUIDE RAIL SYSTEM, STEEL BEAM - - - - - - - - - STRUCTURE CONNECTION 0PSD - 912.430 530 C) _ co Shoulder elevation at Structure deck elevation face of guide rail ELEVATION ZEdge of driving lane OPSD-912.430 main highway Channel and curb and gutter transition 7620 0 Note 2 U' °— Curb and gutter Note 1 L Standard 190090mm posts D� and offset blocks I _ _ T– — / – �--Note 3 R=24 J �� nOmm D R Post Beam , m Spaces Elements I 3N I 0 001 2.44 900 2 1 ao 00 ° 3.19 70 2 1 rn vMV �a 3.96 110° 4 2 oN m° 4.85 90° 4 2 6.24 70' 4 2 c o in ~°a 5.95 110° 6 3 y C-4 mo 7.28 1 90° 6 3 m 9.36 700 6 3 � a T 7.94 1100 8 4 9.70 909 8 4 a M 12.47 70° 8 4 NOTES: ' 1 Post shall be Type B breakway wood post, o as per OPSD-922.430. Guide rail at this post Z shall be held in position with metal, m o shelf angle as per OPSD-922.410. o Cn s On larger radii with two or more wood posts, 0. 0 guide rail shall be bolted to the post with a ° o 16mm bolt. Offset blocks are not required. 0 0 2 Post located at end of radius shall be Type A post as per OPSD-922.430 and shall N have a cable attachment. ' o ao 3 For freestanding installations a 15m length of Qa guide rail is required on the leaving end beyond o the end of radius. 4 For low speed and stop condition a turned iC o o down end treatment as per OPSD-912.233, ° may be used. °72 c A Area behind guide rail shall be 2:1 or flatter ° and shall be clear of all hazards. , C B Washers shall not be used on face of guide rail. W� W C All dimensions are in millimetres unless otherwise shown. ONTARIO PROVINCIAL STANDARD DRAWING Nov 2001 Rev 0 GUIDE RAIL SYSTEM, STEEL BEAM P END TREATMENT - - - - - - - - - - s INSTALLATION — ENTRANCES AND INTERSECTING ROADWAYS rQPSD -- 912.531 A B 500 500 –{ 1 —2% 7 ill 1� l �II ' --- — 1 11: IB Jill Ll L. LUJ 1 I TOP FRONT SIDE CUBICAL ANCHOR BLOCK q � A � j B r2% r27. ill 111 I � Jill I ' Al I ' IB ,I 111 I --� - 7� 1' I I! l 1 6A LllJ I R=500mm LI TOP FRONT SIDE 5 5 CYLINDRICAL ANCHOR BLOCK L45x45x6mm 83 W1 50x22 x 1.0m_ long ' 1 steel section N m � 00 ,2 0 0 12-14mm dia holes Six cable guide rail SECTION A—A 517- 5 L45x45x6mm —At-8-3-1 W15042 x 1.0m long 7 L45x45x6mm ' N steel section /C=— N f0 O O 1A 00 1 6-14mm dia holes Concrete } "'� '�: R: •: , c>..� : ., :i:° anchor ,,., r.;.;••'y'= , block Three cable guide rail SECTION A—A SECTION B—B NOTES: A All dimensions are in millimetres unless otherwise shown. ONTARIO PROVINCIAL STANDARD DRAWING Nov 2001 Rev 0 �w GUIDE RAIL SYSTEM, CABLE P ' THREE AND SIX CABLE - - - - - - - - - - - COMPONENT - CONCRETE ANCHOR BLOCKS rO7PSD - 913. 102 ar rr r rr rs rr r r r r r rs rr r r rr ar rr ar I Anchor block spacing - Tablet A Note 3 Ede of sh ---- Intermediate—�- -- t---- anchor block A Edge of pavt 3600mm Standard post spacing <'Traffic flow PLAN One splicer only P per panel 380x100mm --3600 3600 reflectorized strip IE 777 77/7/7Z 71 77777)7777",77,7 W7717771M Note 2704— ELEVATION 2700 4'-- End anchor --I TABLE 1 150mm min dia top with 25mm chamfer n 380x100mm 4-65mm long �I-Rn RADIUS OF ANCHOR BLOCK Typ reflectorized strip Cable clamp standard spiralled, CURVATURE SPACING 30 Note 1 2.5mm min thickness flat head, diamond See M m max g mild steel, point, galvanized nails 3-13mm dia o fastener O 600 300 steel cables, Top o0 Over to detail 250 to 600 100 10 clamped to post --1 33 of sh LO J•/ <°o Co ao _ _` 100mm ;•'.: NOTES: of p ca M M - ® min cover'_' sh 1 Reflectorized strips on 0.5mm f3'� o = ° al , aluminum, fastened to the m m over �n c wooden post with two 50mm E Granular_ `o. = g I bgrade ====s •• iii• aluminum nails. E Typ Su I j Typ e i 'I Concrete Reflector spacing shall start ,9,E ( I Post ;p;;e, anchor at the second post from the j L J traffic approach end and on: l�- CLAMP DETAIL Curves, every third post, and on: POST DETAIL SECTION A—A Tangent, every fifth post. Ferrous casting Note 2 Reflectors according to Ontario Traffic Manual Book 11. 2 Ends of cable strands must protrude past Ferrule the end of the wedge 10mm. 3 Minimum length of installation 46.8m. A Cable guide rail shall only be placed on FASTENER DETAIL steel s 2 x t.om long steel section tangent sections and outside ONTARIO PROVINCIAL STANDARD DRAWING Nov 2001 Rev o Sr curves with radii 250m or greater . B This oPSD to be read in GUIDE RAIL SYSTEM o P conjunction with OPSD-913.101 ' CABLE — — — — — — — — — — S and 913.102. THREE CABLE — WOOD POST - - - - - - - - - - C All dimensions are in millimetres INSTALLATION — SHOULDER OPSD -- 913. 130 unless otherwise shown. End of SBGR installation Eccentric loader end treatment 1 OPSD-912.130, 912.131, OR`'� and 912.140 j----No bolts through steel beam---- R'38 0 `s�f_ R=28.10m kpDint in 1905 0``` 3810 t Br Un"S., Z - - 7 � 3810 3810 1270 Note 2 ro 0 0 I---1270 - O - w 500 �.— 1905 - --- ----------------- ----- ------Elm--------- -- Q© O O Z Y X OPSD-922.410 1y Ede of shoulder x=Omm PLAN y=0mm Channel termination See detail Type B Guide rail SBGR transition in height from 610 to 530mm _E870 710 Cable attachment Jb Strut -610 Top of Channel to 530 Drilled 70 0 ° 2 Timshoulder be buried (� holes M°,� ,n posts,Note 1 I I Typ I i detail OFFSET TABLE ELEVATION See a detail Shoulder 190 to face of hole dia R�)) 140 —'1 I� -y x-152 Roll Post � I { 76 hole 152 I I 203 pas15 X mm Y mm I mm 190e o 0 220 140 _ _ 140 22mm dia N 7 t9o5 25 295 19mm dia o I ° hole i, m e sots 10S �s hole 0 003 , 1 19mm dia � 00 - 1 i : o 'I I' 2-22mm GWs ') on L - hole 0 —T �� dia holes 4 202 482 _ 3 7595 355 835 N ° t 2-88mm 2-19mm 9475 830 910 o g dia holes o 95 dia holes ' 1345 1 12— 1310 OFFSET BLOCK ° N 22mm dia NOTES: hole � ,°n diamhole I 1 Where channel is required it shall be terminated U ro at post©or within SBGR installation. End of TYPE B TYPE A channel shall be bolted at all post locations POST ANCHOR—DETAIL except when terminated at post©. POSTS (3) TO © POSTS (1) AND 02 2 Curved rail elements shall be shop bent BREAKAWAY TIMBER POST DETAIL 4. 0 � 78 x 1525mm long to the specified radius. A Timber posts and offset blocks: ONTARIO PROVINCIAL STANDARD DRAWING Nov 2001 Rev 10 STS,,, Size 190x140mm dressed, tops to hove 25mm chamfer. ENERGY ATTENUATOR, END TREATMENT P 8 This OPSD to be read in conjunction - - - - - - - - - - S u` with OPSD-922.401 and 922.402. ECCENTRIC LOADER _ _ _ _ _ _ _ _ _ _ C M dimensions are in millimetres unless otherwise shown. INSTALLATION — LAYOUT AND POST OPSD — 922.430 stdor� --� 170 r-- 'K� Post 2Q Post T ( I r High intensity V 01� el e� object marker Ulated i Of 15 24 when specified j ` 9th M of need to be In t ood°rd ' J '�� 0 on t o St 4 9edti P°5 e {yid Jl�e9 L yJ °� Q 62n, sec meat r---I IF -- of 5no , R el I of 5�t Note 1 END VIEW 1 ISO IL J, ,a 1Yp ISO flow METRE i i 1 19oS HI terro der NOTES: tia°/ 1,�.J Este 2 1 A level granular or paved surface is Vd° it , ' ' �o required gto support Extruder terminal. Steele fw it" to$ l , 2 This OPSD shows right shoulder t�be.rg P y' ith i• I installation. The Extruder terminal e°r� d , , , and offset strut must be inverted b yse�blandte I,I , for left shoulder installation. ble °�ch°r PI° 4 t �� A The Extruder terminal and cable Gable beorn9 feel 5try I anchor bracket depicted on this cable Sate 2 l OPSD are proprietary to Syro Steel Co. 0 -� C This OPSD to be read in ONTARIO PROVINCIAL STANDARD DRAWING Nov 2001 JRevJ0 conjunction with OPSD-912.130, 912.131, 912.140, 922.530, and ENERGY ATTENUATOR, END TREATMENT — 922.531. — ' - - - - - - - - i S D All dimensions are in millimetres EXTRUDER - - - - - - unless otherwise shown. ASSEMBLY OPSD — 922.510 Traffic flow Edge of shoulder Calculated length of need Extruder terminal Guide rail not attached to block 48 and post at post Q5 Steel beam guide rail 3810 3810 —{ Cable anchor bracket Breakaway wood posts _I c Channel to be buried Guide rail exit Offset strut action — Note 2 slot to be pointed Cable assembly Extruder System 15.24m away from traffic PLAN Bearing plate 0 ® 0 Channel termination 905mm 4-16mm dia x 32mm long SBGR transition in height �1 splice bolts and nuts g A Typ 13 C 530-1 from 610 to 530mm 610 I Soil bearing,. N N plate M To of A foundation C Wood post shoulder 13 6 tube ELEVATION 140x190mm Wood post 140090mm Wood post Wood post 16mm dia x 460mm long bolt 140x190mm 140090mm with hex nut and washer Note 1 Pipe sleeve nserted Note 1 y Breakowa 25mm cable assembly into post 6 Breakaway hole hole with 25mm hex nut Offset strut 140x190mm offset block Breakaway and washer each and holes 203x203x16mm 16mm dia x 250mm tong 16mm dia x 250mm cable bearing plate bolt and nut with long bolt and nut NOTES' 2 washers 2-16mm dia x 178mm long 1 The 16mm flat washer at back 2-16mm dia x 178mm bolts and nuts long bolts and nuts Front face of post only. Washers are not Soil bearing plate of system to be used between bolt Soil bearing plate at edge of shoulder Sea 4 and 6 rail at p sts Q Foundation tube Typ O O O O O Foundation tube ELEVATION SECTION A-A SECTION B-B SECTION C-C 2 Channel shall not be used POST 1Q POST Q POSTS 9® POSTS QS © Q within the Extruder system. A The Extruder terminal and cable ONTARIO PROVINCIAL STANDARD DRAWING Nov 2001 1 Rev 0 sr,t, anchor bracket depicted on this ENERGY ATTENUATOR, END TREATMENT o P 2 OPSD is proprietary to Syro - - - - - - - - - - i S Steel Co. EXTRUDER - - - - - - - - - - B All dimensions are in millimetres INSTALLATION unless otherwise shown. rOPSD — 9 2 2.5 3 0 CORPORATION OF THE MUNICIPALITY OF CLARINGTON ' CONTRACT NO. CL2002-26 OPS GENERAL CONDITIONS OF CONTRACT ' (September 1999) i 1 t ' ONTARIO PROVINCIAL STANDARDS FOR ROADS AND PUBLIC WORKS �P��o STq NO9 9 G $ Q L.-PRA GENERAL CONDITIONS OF CONTRACT SEPTEMBER 1899 t GENERAL CONDITIONS OF CONTRACT Table of Contents SECTION GC 1.0-INTERPRETATION GC1.01 Captions...................................................................................................................1 GC1.02 Abbreviations...........................................................................................................1 GC 1.03 Gender and Singular References............................................................................1 GC1.04 Definitions................................................................................................................1 GC 1.05 Substantial Performance............................................... ..........................................5 GC1.06 Completion...............................................................................................................6 GC1.07 Final Acceptance.....................................................................................................6 GC 1.08 Interpretation of Certain Words...............................................................................6 SECTION GC 2.0-CONTRACT DOCUMENTS GC 2.01 Reliance on Contract Documents............................................................................7 GC 2.02 Order of Precedence...............................................................................................7 SECTION GC 3.0-ADMINISTRATION OF THE CONTRACT GC 3.01 Contract Administrators Authority...........................................................................8 GC3.02 Working Drawings................................................................................................:..9 GC 3.03 Right of the Contract Administrator to Modify Methods and Equipment.................9 GC 3.04 Emergency Situations......................... ...10 ................................................................ GC3.05 Layout....................................................................................................................10 GC3.06 Working Area.........................................................................................................10 GC 3.07 Extension of Contract Time............................................................................:......10 GC3.08 Delays....................................................................................................................11 GC 3.09 Assignment of Contract......................................................................................... 11 GC 3.10 Subcontracting by the Contractor..........................................................................11 GC3.11 Changes................................................................................................................12 ' GC 3.11.01 Changes in the Work.............................................................................................12 GC3.11.02 Extra Work.............................................................................................................12 ' OPS Owww Condw"of Contract-8"wrd r 1999 - T"of COM M%-i GC 3.11.03 Additional Work..................................................................................................... 12 GC3.12 Notices........................................................... 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 GC3.14.02 Record Keeping..................................................................................................... 13 GC3.14.03 Claims Procedure.................................................................................................. 13 GC3.14.04 Negotiations...........................................................................................................14 GC 3.14.05 Mediation.................................................................... 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 Arbitration................................................................... 15 GC 3.15.02 Arbitration Procedure............................................................................................. 15 GC 3.15.03 Appointment of Arbitrator....................................................................................... 15 GC3.15.04 Costs...................................................................................................................... 16 GC3.15.05 The Decision..........................................................................................................16 GC 3.16 Archaeological Finds............................................................................................. 16 SECTION GC 4.0-OWNER'S RESPONSIBILITIES AND RIGHTS GC4.01 Working Area......................................................................................................... 17 GC 4.02 Approvals and Permits.......................................................................................... 17 GC 4.03 Management and Disposition of Materials............................................................ 17 GC 4.04 Construction Affecting Railway Property............................................................... 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 Table of Contents-a OPS General CondRbns of Contract-September 1999 , GC 4.10 Final Payment to Contractor.................................................................................. 19 GC 4.11 Termination of the Contract...................................................................................19 GC 4.12 Continuation of Contractors Obligations...............................................................19 GC 4.13 Use of Performance Bond..................................................................................... 19 SECTION GC 5.0-MATERIAL GC5.01 Supply of Material..................................................................................................20 GC5.02 Quality of Material..................................................................................................20 GC5.03 Rejected Material...................................................................................................20 GC5.04 Substitutions..........................................................................................................20 GC5.05 Owner Supplied Material.......................................................................................21 GC 5.05.01 Ordering of Excess Material................................................................. .........21 GC 5.05.02 Care of Material.............................................................................................................21 SECTION GC 6.0-INSURANCE, PROTECTION AND DAMAGE GC 6.01 Protection of Work, Persons and Property............................................................23 GC6.02 Indemnification......................................................................................................23 GC 6.03 Contractors Insurance...........................................................................................24 GC6.03.01 General..................................................................................................................24 GC 6.03.02 General Liability Insurance....................................................................................24 GC 6.03.03 Automobile Liability Insurance...............................................................................24 GC 6.03.04 Aircraft and Watercraft Liability insurance.............................................................25 GC 6.03.05 Property and Boiler Insurance...............................................................................25 GC 6.03.05.01 Property Insurance................................................................................................25 GC 6.03.05.02 Boiler Insurance..................................................................................................... GC 6.03.05.03 Use and Occupancy of the Work Prior to Completion...........................................25 GC 6.03.05.04 Payment for Loss or Damage................................................................................26 GC 6.03.06 Contractors Equipment Insurance........................................................................26 GC 6.03.07 Insurance Requirements and Duration..................................................................26 GC6.04 Bonding..................................................................................................................27 SECTION GC 7.0-CONTRACTOR'S RESPONSIBILITIES AND CONTROL OF THE WORK GC7.01 General........................................................... ...................................................28 OPS Gensal CondO ne of CoMad-Sepwnbw 190 Tow of Content-Ni GC7.02 Layout....................................................................................................................29 GC 7.03 Damage by Vehicles or Other Equipment.............................................................30 GC 7.04 Excess Loading of Motor Vehicles........................................................................30 GC 7.05 Condition of the Working Area...............................................................................30 GC 7.06 Maintaining Roadways and Detours......................................................................30 GC 7.07 Access to Properties Adjoining the Work and Interruption of Utility Services.......31 GC 7.08 Approvals and Permits..........................................................................................31 GC 7.09 Suspension of Work.................................:............................................................32 Gd 7.10 Contractor's Right to Stop the Work or Terminate the Contract............................32 GC 7.11 Notices by the Contractor.................:....................................................................32 GC7.12 Obstructions...........................................................................................................33 GC 7.13 Limitations of Operations.......................................................................................33 GC 7.14 Cleaning Up Before Acceptance...........................................................................33 GC7.15 Warranty................................................................................................................33 SECTION GC 8.0-MEASUREMENT AND PAYMENT GC8.01 Measurement.........................................................................................................35 GC8.01.01 Quantities...............................................................................................................35 GC 8.01.02 Variations in Tender Quantities.............................................................................35 GC8.02 Payment.................................................................................................................35 GC8.02.01 Price for Work........................................................................................................35 GC 8.02.02 Advance Payments for Material.............................................................................36 GC 8.02.03 Certification and Payment.....................................................................................36 GC 8.02.03.01 Progress Payment Certificate................................................................................36 GC 8.02.03.02 Certification of Subcontract Completion................................................................37 GC 8.02.03.03 Subcontract Statutory Holdback Release Certificate and Payment......................37 GC 8.02.03.04 Certification of Substantial Performance...............................................................37 GC 8.02.03.05 Substantial Performance Payment and Substantial Performance Statutory Holdback Release Payment Certificates...............................................................38 GC 8.02.03.06 Certification of Completion....................................................................................38 GC 8.02.03.07 Completion Payment and Completion Statutory Holdback Release PaymentCertificates.............................................................................................39 GC8.02.03.08 Interest...................................................................................................................39 GC 8.02.03.09 Interest for Late Payment......................................................................................39 GC 8.02.03.10 Interest for Negotiations and Claims.....................................................................40 GC 8.02.03.11 Owner's Set-0 ff.....................................................................................................40 , Table of Contents-w OPS General Conditions of Contract-Septenber 1999 GC8.02.03.12 Delay in Payment..................................................................................................40 GC 8.02.04 Payment on a Time and Material Basis.................................................................40 GC8.02.04.01 Definitions..............................................................................................................40 GC 8.02.04.02 Daily Work Records...............................................................................................41 GC8.02.04.03 Payment for Work..................................................................................................41 GC 8.02.04.04 Payment for Labour...............................................................................................42 GC 8.02.04.05 Payment for Material.............................................................................................42 GC 8.02.04.06 Payment for Equipment.........................................................................................42 GC8.02.04.06.01 Working Time........................................................................................................42 GC8.02.04.06.02 Standby Time........................................................................................................42 GC8.02.04.07 Payment for Hand Tools........................................................................................43 GC 8.02.04.08 Payment for Work by Subcontractors....................................................................43 GC 8.02.04.09 Submission of Invoices..........................................................................................43 GC 8.02.05 Final Acceptance Certificate................................................._................................43 GC8.02.06 Payment of Workers..............................................................................................44 GC8.02.07 Records.................................................................................................................44 GC8.02.08 Taxes and Duties...................................................................................................44 GC 8.02.09 liquidated Damages............................. 45 , _. OPS General Cw4ft a of Canted-September 1999 - - Table of Cornert-v STA 9 0 o P A Ontario Provincial Standards for September 1999 s `ice Roads and Public Works o�pAC_P��s GENERAL CONDITIONS OF CONTRACT SECTION GC 1.0-INTERPRETATION GC 1.01 Captions .01 The captions appearing in these General Conditions have been inserted as a matter of convenience and for ease of reference only and in no way define, limit or enlarge the scope or meaning of the General Conditions or any provision hereof. GC 1.02 Abbreviations 01 The abbreviations on the left below are commonly found in the Contract Documents and represent the organizations and phrases listed on the right: "AASHTO" - American Association of State Highway Transportation Officials "ANSI" - American National Standards Institute "ASTM" - American Society for Testing and Materials "AWG" - American Wire Gauge "AWWA" - American Water Works Association "CESA" Canadian Engineering Standards Association "CGSB" - Canadian General Standards Board "CSA" - Canadian Standards Association "MITTS - Canadian Welding Bureau "GC" General Conditions "MOE, - Ministry of the Environment(Ontario) MT C" _ Ministry of Transportation(Ontario) "MTO" Ministry of Transportation(Ontario) "MUTCD" - Manual of Uniform Traffic Control Devices, published by MTO "OPS" - Ontario Provincial Standard -"OPSD" - Ontario Provincial Standard Drawing "OPSS" - Ontario Provincial Standard Specification "PEO" - Professional Engineers Ontario "SAE" - Society of Automotive Engineers "SSPC" Structural Steel Painting Council "UL" - Underwriters Laboratories "ULC" - Underwriters Laboratories Canada j GC 1.03 Gender and Singular References .01 References to the masculine or singular throughout the Contract Documents shall be considered to jinclude the feminine and the plural and vice versa as the context requires. GC 1.04 Definitions .01 For the purposes of this Contract the following definitions apply: Actual Measurement: means the field measurement of that quantity within the approved limits of the Work. oPS General conditions d comad-September 1999 Pape 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 Performance: means the certificate issued by the Contract Administrator at Substantial Performance. Change Directive: means any written instruction signed by the Owner, or by the Contract Administrator where so authorized,directing that a Change in the Work or Extra Work be performed. Change in the Work: means the deletion, extension, increase, decrease or alteration of lines, grades, dimensions, quantities, methods, drawings, substantial changes in geotechnical, subsurface, surface or other conditions, changes in the character of the Work to be done or materials of the Work or part thereof, _withintthe intended scope of the 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 Time. Completion Certificate: means the certificate issued by the Contract Administrator at completion. Constructor means, for the purposes of, and within the meaning of the Occupational Health and Safety Act R.S.O. 1990, c.0.1,as amended and amendments thereto,the Contractor who executes the Contract. Contract: means the undertaking by the Owner and the Contractor to perform their respective duties, responsibilities and obligations as prescribed in the Contract Documents. Contract Administrator. means the person, partnership or corporation designated by the Owner to be the Owner's representative for the purposes of the 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 Geotechnicai Report, any Subsurface Report and other reports and information provided by the Owner for the Work, and without limiting the generality thereof, may include soil profiles, foundation investigation reports, reinforcing steel schedules, aggregate sources lists,Quantity Sheets,cross-sections and standard drawings. Contract Time: means the time stipulated in the Contract Documents for Substantial Performance of the Work,including any extension of Contract Time made pursuant to the Contract Documents. Contractor means the person, partnership or corporation undertaking the Work as identified in the Agreement Controlling Operation: means any component of the Work,which, if delayed,will delay the completion of the Work. POW 2 OPS Gsneal Conditions of Contract-September IM r Cost Plus: See'Time and Material". Cut-Off Date: means the date up to which payment will be made for work performed. Daily Work Records: mean daily Records detailing the number and categories of workers and hours worked or on standby; types and quantities of Equipment and number of hours in use or on standby; and description and quantities of Material utilized. Day: means a calendar day. Drawings: or Plans: mean any Contract Drawings or Contract Plans or any Working Drawings or Working Plans, or any reproductions of drawings or plans pertaining to the Work. Equipment, means all machine and equipment used for preparing, fabricating, conveying or erecting machinery � p the Work and normally referred to as construction machinery and equipment. Estimate:'means a calculation of the quantity oncost-of-the-Work orpartof it-depending on the context. Extra Work: means work not provided for in the Contract as awarded but considered by the Contract Administrator to be essential to the,satisfactory completion of the Contract,within its intended scope, including unanticipated work required to comply with legislation and regulations which affect the Work. final Acceptance e 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 Administratorshowing the quantities, unit prices and final dollar amounts of all items of work completed under the Contract, including variations in tender items and Extra Work, all as set out in the same general form as the monthly estimates. Force Account: See'Time and Material'. Geotechnical Report: means a report or other information identifying soil, rock and ground water conditions'in-the area of any proposed excavation or fill. Grade: means the required elevation of that part of the work. Hand Tools: means tools that are commonly called tools or-implements of-the-trade and include small power tools. Highway: means a common and public highway any part of which is intended for-or used by the general public for the passage of vehicles and includes the area between the lateral property lines thereof. Lump Sum Item: means a tender item indicating a portion of the Work for which payment will be made at a single tendered price. Payment is not based on a measured quantity, aithough,a quantity may be given in the Contract Documents. Major Item: means any tender item that has a value, calculated on the basis of its actual or estimated tender quantity, whichever is the larger, multiplied by its tender unit price, which is equal or greater than the lesser of, a) $100,000,or b) 5% of the total tender value calculated on the basis of the total of all the estimated tender quantities and the tender unit prices. Material: means material.machinery,equipment and fixtures forming part of the Work. OPS Gemmi Conditions of Cw*ad-September 1999 Pap 3 Owner. means the to the Contract for whom the Work is being g performed, as identified in the ... Agreement,and includes,with the same meaning and import, "Authority". Pavement: means a wearing course or courses placed on the Roadway and consisting of asphaltic concrete, hydraulic cement concrete-Portland cement concrete,or plant or road mixed mulch. Performance Bond: means the type of security furnished to the Owner to guarantee completion of the Work in accordance with the Contract and to the extent provided in the bond. Plan Quantity: means that quantity as computed from within the boundary lines of the Work as shown in the Contract Documents. Project: means the construction of the Work as contemplated by this Contract. Quantity Sheet: means a list of the q uantities of Work to be done. .,r. Rate of Interest: means the rate determined by the Minister of Finance of Ontario and issued by, and available from,the Owner. Records: mean any books, payrolls, accounts or other information which relate to the Work or any Change in the Work or claims arising therefrom. Roadway: means that part of the Highway designed or intended for use by vehicular traffic and includes the Shoulders. Shoulder means that portion of the Roadway between the edge of the wearing surface and the top inside edge of the ditch or fill slope. Special Provisions: mean special directions containing requirements peculiar to the Work. Standard Specification: means a standard practice required and stipulated by the Owner: for performance of the Work. Subbase: means a layer of material of specified type and thickness between the Subgrade and the Base. Subcontractor. means a person, partnership or corporation undertaking the execution of a part of the Work by virtue of an agreement with the Contractor. Subgrade: means the earth or rock surface, whether in cut or fill, as prepared to support the Base, Subbase and Pavement. Subsurface Report: means a report or other information identifying the location of utilities,concealed and adjacent.structures and physical obstructions which fall within the influence of the Work. Superintendent: means the Contractor's authorized representative in responsible charge of the Work. Surety: means the person, partnership or corporation, other than the Contractor, licensed in Ontario to transact business under the Insurance Act, R.S.O. 1990,c.1.8, as amended, executing a bond provided by the Contractor. Tender.'means an offer in writing from the Contractor, submitted in the format prescribed by the Owner, to complete the Work. Time and Material: means costs calculated according to clause GC 8.02.04, Payment on a Time and Material Basis. Where"Cost Pius"and"Force Account"are used they shall have the same meaning. Pape 4 OPS Genera!Conditions or Contract-Sepwnber 1999 Utility: means an aboveground or underground facility maintained by a municipality, public utility authority or regulated authority and includes services such as sanitary sewer, storm sewer, water, electric, gas, oil, steam,data transmission,telephone and cable television. Warranty Period: means the period of 12 months from the date of Substantial Performance or such longer period as may be specified for certain Materials or some or all of the Work Where a date of Substantial Performance is not established, the Warranty Period shall commence on the date of Completion. Work: means the total construction and related services required by the Contract Documents. Working Area: means all the lands and easements owned or acquired by the Owner for the construction of the Work. Working Day: means any Day, a) except Saturdays, Sundays and statutory holidays; b) except a'Day as determined by the Contract,Administrator;°on•whicirthe-tontrattor-is prevented by inclement weather or conditions resulting immediately therefrorrr,-from-proceeding-with•a•-Controlling "Operation. For the purposes of this definition, this will be a Day°during,which,the Contractorcannot proceed with at least 60% of the normal labour and equipment force'effectively engaged on the Controlling Operation for at least 5 hours; c) except a Day on which the Contractor is prevented from proceeding with a Controlling Operation, as determined by the Contract Administrator by reason of, L any breach of the Contract by the Owner or if such prevention is due to the Owner, another contractor hind by the Owner, or-an employee ofany one of them,-or by anyone else acting on behalf of the Owner. ii. on-delivery of Owner-supplied materials, iii. any cause beyond the reasonable control of the Contractor which can be substantiated by the Contractor to the satisfaction of the Contract Administrator. Working.Drawings:or Working Plans: means any Drawings or Plans prepared by the Contractor for the execution of the Work and may, without limiting the generality thereof,include falsework plans, Roadway protection plans, shop drawings,shop plans or erection diagrams. GC 1.05 Substantial Performance 01 The Work is substantially performed, a) when the Work to be'performed under the Contract or a-substantial-partAhereof is ready for use or is being used for the purpose intended; and b) when the Work to be performed under-the Contract is°°capable,of.completion-or, where there is a known defect,the cost of correction, is not more than L 3%of the first$500,000 of the Contract price, ii. 2%of the next$500,000 of the Contract price,and W. I%of the balance of the Contract price. .02 For the purposes of this Contract, where the Work or a substantial part thereof is ready for use or is being used for the purposes intended and the remainder of the Work cannot be completed expeditiously for reasons beyond the control of the Contractor or, where the Owner and the Contractor agree not to complete the Work expeditiously, the price of the services or materials remaining to be supplied and required to complete the Work shall be deducted from the Contract price in determining Substantial Performance. OPS Gemml CondRIOM of cwbva-Sepwnw 1999 Ppe 6 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 than the lesser of, a) 1%of the Contract price;or b) $1,000. GC 1.07 Final Acceptance .01 Final Acceptance shall be deemed to occur when the Contract Administrator is satisfied that, to the best of the Contract Administrator's knowledge at that time, the Contractor has rectified all imperfect work and has discharged all of the Contractors obligations under the Contract. GC 1.08 interpretation of Certain Words 09 .'The words "acceptable", "approval", "authorized", "considered necessary", "directed", "required", "satisfactory", or words of like import, shall mean approval of, directed, required, considered necessary or authorized by and acceptable or satisfactory to the Contract Administrator unless the context clearly indicates otherwise. i Pa"a OPS General corrdtbm of conbad-SGP*ftK 1995 SECTION GC 2.0-CONTRACT DOCUMENTS GC 2.01 Reliance on Contract Documents 01 The Owner warrants that the informaation furnished in the Contract Documents can be relied upon with the following limitations or exceptions: a) The location of all mainline underground utilities which will affect the Work will be shown to a tolerance of L 1 m horizontal and ii. 0.3 m vertical b) The Owner does not warrant interpretations of data or opinions expressed in any Subsurface Report available for the perusal of the Contractor and excluded from the Contract Documents; and c) Other information specifically excluded from this warranty. GC 2.02 Order of Precedence .01 In the event of any inconsistency or conflict in the contents of the following documents, such documents shall take precedence and govern in the following order. a) Agreement b) Addenda c) Special Provisions d) Contract Drawings e) Standard Specifications f) Tender g) Supplemental General Conditions h) General Conditions i) Working Drawings Later dates shall govern within each of the above categories of documents. 02 In the event of any conflict among or inconsistency in the information shown on Drawings, the following rules shall apply: a) Dimensions shown in figures on a Drawing shall govern where they differ from dimensions scaled from the same drawing; b) Drawings of larger scale shall govern over those of smaller scale; c) Detailed Drawings shall govern over general Drawings;and d) Drawings of a later date shall govern over those of an earlier date in the same series. .03 In the event of any conflict in the contents of Standard Specifications the following. order of precedence shall govem: a) Ontario Provincial Standard Specifications;then b) Other Standard Specifications, such as those produced by CSA;"CGSB, ASTM and ANSI, and referenced in the Ontario Provincial Standard Specifications. .04 The Contract Documents are complementary, and what is required by any one shall be as binding as N required by all. OPS General Condkiom of Contract-SOPWMer 1999 Poe 7 SECTION GC 3.0-ADMINISTRATION OF THE CONTRACT GC 3.01 Contract Administrators Authority .01 The Contract Administrator will be the Owner's representative during construction and until the issuance of the Completion Certificate or the issuance of the Final Acceptance Certificate whichever is later. All instructions to the Contractor including instructions from the Owner will be issued by the Contract Administrator. The Contract Administrator will have the authority to act on behalf of the Owner only to the extent provided in the Contract Documents. .02 All claims, disputes and other matters in question relating to the performance and the quality of the Work or the interpretation of the Contract Documents shall be referred to the Contract Administrator. .03 The Contract Administrator will inspect the Work for its conformity with the plans and specifications, and to record the necessary data to establish payment quantities under the.-schedule of tender quantities and unit prices or to make an assessment of the value of the work completed in the case of _aJump sum price contract .04 The Contract Administrator will determine the amounts owing to the Contractor under the Contract and will issue certificates for payment in such amounts as provided for in Section GC 8.0, Measurement and Payment .05 The Contract Administrator will with reasonable promptness review and take appropriate action upon the Contractor's submissions such as shop drawings, product data, and samples in accordance with r the Contract Documents. .06 The Contract Administrator will investigate all allegations of a change in the character of the Work made by the Contractor and issue appropriate instructions. .07 The Contract Administrator will prepare Change Directives and Change Orden;. .08 Upon written application by the Contractor,the Contract Administrator and the Contractor will jointly conduct an inspection of the Work to establish the date of Substantial Performance of the Work and/or the date of Completion of the Work. .09 The Contract Administrator will be, in the first instance,the interpreter of the Contract Documents and the judge of the performance thereunder by both parties to the Contract. interpretations and decisions of the Contract Administrator shall be consistent with the intent of the Contract Documents and in making these decisions the Contract Administrator will not show partiality to either party. .10 The Contract Administrator will have the authority to reject part of the Work or Material which does not conform to the Contract Documents. .11 Defective work, whether the result of poor workmanship, use of defective material, or damage through carelessness or other act or omission of the Contractor.and whether incorporated in the Work or not which has been rejected by the Contract Administrator as failing te conform to the Contract Documents shall be removed promptly from the Work by the Contractor and replaced or re-executed promptly in accordance with the Contract Documents at no additional cost to the Owner. .12 Any part of the Work destroyed or damaged by such removals, replacements or rye-executions shall be made good, promptiy,at no additional cost to the Owner. .13 If, in the opinion of the Contract Administrator, it is not expedient to correct defective work or work not performed in accordance with the Contract Documents, the Owner may deduct from monies otherwise due to the Contractor the difference in value between the work as performed and that called for by the Contract Administrator. Pape a OPS General con 00M of conhud-sepw"11 r 1999 .14 Notwithstanding any inspections made by the Contract Administrator or the issuance of any certificates or the making of any payment by the Owner, the failure of the Contract Administrator to reject any defective work or Material shall not constitute acceptance of defective work or Material. 15 The Contract Administrator will have the authority to temporarily suspend the Work for such reasonable time as may be necessary to facilitate the checking of any portion of the Contractor's construction layout or the inspection of any portion of the Work. There shall not be any extra compensation for the suspension of work. GC 3.02 Working Drawings .01 The Contractor shall arrange for the preparation of clearly identified and dated Working Drawings as called for by the Contract Documents. .02 The'Contractor shall submit Working Drawings to the Contract ;Administrator with reasonable promptness and in orderly sequence so as-to-not cause delay Wthe-Work if either the Contractor or the Contract Administrator so requests they shall jointly prepare a schedule fixing the.dates for submission and return of Working Drawings: Working Drawings'shall be-submitted in printed form. At the time of submission the Contractor shall notify the Contract Administrator in writing of any 'deviations from the Contract requirements that exist in the`Working Drawings. .03 The Contract Administrator will review and return Working Drawings in acoordance-with an agreed upon schedule,or otherwise,with reasonable promptness so as not to cause delay. .04 The'Contract Administrator's review"will be to check for Conf xII ity to the.design-concept and-for general arrangement only and such review shall not relieve the Contractor of responsibility for errors or omissions in the Working Drawings or of responsibility for meeting all requirements of the Contract Documents unless a deviation on the Working Drawings has been approved in writing by the Contract Administrator. '.05 The Contractor'shall make any changes in Working-Drawings which the ContractiAdministrator may, require consistent with the Contract Documents and resubmit unless otherwise directed by the `Contract Administrator.''When resubmitting, the Contractor shall notify they Contract Administrator in. . writing'of any revisions'other than those requested by the'Contract Administrator. .06 Work related to the Working Drawings shall not proceed until the Working Drawings have been signed and dated by the Contract Administrator and marked with the words "Reviewed. Permission to construct granted." .07 The Contractor shall keep one set of the-reviewed Working:DrmMngs;:marked-as above, at the site at all times. GC 3.03 Right of the Contract Administrator to Modify Methods and Equipment .01' The'Contractor shall,when requested in writing, make alterations in the method, Equipment or work force at any time the Contract Administrator considers the Contractor's actions to be unsafe, or damaging to either the Work or existing facilities or the environment .02 The Contractor shall, when requested in writing, alter the sequence of its operations on the Contract -so as to avoid interference with work being performed by others. .03 Notwithstanding the foregoing, the Contractor shall ensure that all necessary safety precautions and protection are maintained throughout the Work OPS General Conditlons of Contract-September 190 Pape 9 GC 3.04 Emergency Situations r9 Y .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 general location, .alignment and elevation of the Work. The Owner will be responsible only for the correctness of the ynformation provided by the Contract Administrator. r, GC 316 Working Area .01 The Contractor's sheds,site offices,toilets, other temporary structures and storage areas for material and equipment shall be grouped in a compact manner and maintained in a neat and orderly condition at all times. .021 The Contractor shall confine his construction operations to the Working Area. Should the Contractor require more space than that shown on the Contract Drawings, the Contractor shall obtain such space at no additional cost to the Owner. .03 The Contractor shall not enter upon or occupy any private property for any purpose, unless the Contractor has received prior written permission from the property owner. GC 3.07 Extension of Contract Time .01 Ana application for an extension of Contract Time shall be made in writing the Contractor e PP ng by ntracto to th Contract Administrator as soon as the need for such extension becomes evident and at least 15 Days prior to the expiration of the Contract Time. The application for an extension of Contract Time shall enumerate the reasons,and state the length of extension required. .02 -,Circumstances suitable for consideration of an extension of Contract Time.include the following: a) Delays; See subsection GC 3.08. b) Changes in the Work;See clause GC 3.11.01. .c$,,Extra Work; See clause GC 3.11.02. d) Additional Work; See clause GC 3.11.03. .03 The Contract Administrator will, in considering an application for an extension to the Contract Time, take into account whether the delays, Changes in the Work, Extra Work or Additional Work involve a Controlling Operation. .04 The Contract Time shall be extended for such additional time as may be recommended by the Contract Administrator and deemed fair and reasonable by the Owner. .05 The terms and conditions of the Contract shall continue for such extension of Contract Time. Pap 10 oPS c w."condo"of cow"-septem w 1X99 GC 3.08 Delays .01 If the Contractor is delayed in the performance of the Work by, a) war, blockades, and civil commotions, errors in the Contract Documents; an act or omission of the Owner or Contract Administrator, or anyone employed or engaged by them directly or indirectly, contrary to the provisions of the Contract Documents; b) a stop work order issued by a court or public authority, provided that such order was not issued as the result of an act or omission of the Contractor or anyone employed or engaged by the Contractor directly or indirectly; c)'the Contract Administrator giving notice under subsection GC 7.09;Suspension of Work; d) abnormal inclement weather,or e)`archaeological finds in accordance with subsection GC 3.16,Archaeological Finds, then the Contractorshall belreimbursed by the Owner for-reasonable-costs incurred bythe Contractor as.the result of such delay, provided that in the case of an application for an extension of Contract °Tme-due to abnormal'inclement'weather,'the' Contractor�shall; with .the Contractor's application, submit evidence from Environment Canada in.support-of°such,application � nsion•of Contract Time will be granted in accordance with subsection GC 3.07, Extension of:Contract Time. .02 'If the Work-is delayed,by labour, disputes,-strikes'or locka�outs -_including lock-outs decreed or `recommended to its members by a�recognized contractor's association; of'which the Contractor is a `.'member or to which"the Contractor-is'otherwise bound -which are beyond the Contractors control, then the'Contract Time shall:`be` extended'in'accordance,with subsection GC 3:07; Extension of Contract Time. In no case shall the extension of Contract Time be less°than the time lost-as the result of the-event causing the delay, unless a shorter extension,is agreed-to by the Contractor.°.The Contrdctorshall not`be'entitled'rto payment for costs•incurred as the result oUsuch delays sunless such��.. •:.�,..:;;•,. delaysare the result of actions by the owner. GC 3.09 Assignment of Contract 01 The Contractor shall not assign the Contract, either in whole.or in part, Without the written consent of the Owner. GC 3.10 ' Subcontracting by the Contractor ';':01 �iThe'Contractormay subcontract'anypart of the Work; subject to these General Conditions and>any limitations specified in the Contract Documents. .02 The Contractor shall notify the Contract Administrator, in wming',`of'theIntention-to subcontract Such notification shall identify the part of the Work,and the Subcontractor with�whom it is intended. 03 •The Contract Administrator will,'within 10 Days,-of receipt''of-such-notification;•accepts or,reject the intended Subcontractor.'The rejectiorr will be in writing-and will include the-reasons for the rejection.. 04 ; The Contractor shall'not; without the written consent of the Owner,=change a Subcontractor•who has been engaged in accordance with subsection GC 3.10 Subcontracting by the Contractor. :05' The-Contractor shall preserve vid'protect the-rights of the parties`underthe Contract with respect to that part of the Work to be performed under subcontract and shall, a) enter into agreements with the intended Subcontractors to require them to perform their work in accordance with the Contract Documents;and b) be as fully responsible to the Owner for acts and omissions of the Contractor's Subcontractors and of persons directly or indirectly employed by them as for acts and omissions of persons directly employed by the Contractor. OPS Gwwal Conditions of Coftad-SaptaiMM 1M Pad°ii .06 The Owners consent to subcontracting bco tracting by the Contractor shall not be construed to relieve the Contractor from any obligation under the Contract and shall not impose any liability upon the Owner. Nothing contained in the Contract Documents shall create a contractual relationship between a Subcontractor and the Owner. GC 3.11 Changes GC 3.11.01 Changes in the Work .01 `The Owner, or the Contract Administrator where so authorized, may, by order in writing, make a Change in the Work without invalidating the Contract. The Contractor shall not be required to proceed with a Change in the Work until in receipt of a Change Directive. Upon the receipt of such Change Directive the Contractor shall proceed with the Change in the Work. .02 The Contractor may apply for an extension of Contract Time acxordin to the terms of subsection G 9 C 3:07, Extension of Contract Time. 03 Is.the Changes in the Work relate solely to quantities, payment for that part of the Work will be made according to the conditions specified in clause GC 8.01.02, Variations in Tender Quantities. If the Changes in the Work do not solely relate to quantities, payment may be negotiated pursuant to subsection GC 3.14, Claims, Negotiations, Mediation or payment may be made according to the conditions contained,in clause GC 8.02.04,Payment on a Time and Material Basis. GC 3.11.02 Extra,Work , .01 The Owner, or Contract Administrator where so authorized, may instruct the Contractor to perform Extra Work without invalidating the Contract The Contractor shall not be required to proceed with the Extra Work until in receipt of a Change Directive. Upon receipt of such Change Directive the Contractor shall proceed with the Extra Work. s .02 The Contractor may apply for an extension of Contract Time according to the temps of subsection GC 3.07, Extension of Contract Time. .03 Payment for the Extra Work may be negotiated pursuant to subsection GC 3.14, Claims, Negotiations, Mediation, or payment may be made according to the conditions contained in clause GC 8.02.04,Payment on a Time and Material Basis. GC 3j,1.03 Additional Work z .01 The Owner, or Contract Adm'in'istrator where so authorized, may request the Contractor to perform Additional Work without invalidating the Contract. If the Contractor agrees to perform Additional Work,the Contractor shall proceed with such Additional Work upon receipt of a Change Order. .02 The Contractor may apply for an extension of Contract Time.according to the terms of subsection GC 3.07, Extension of Contract Time. .03 Payment for the Additional Work be negotiated pursuant to subsection 3.14, Claims �..., �Y ce9 p GC 31 , Negotiations, Mediation, or payment may be made according to the conditions contained in clause GC 8.02.04,Payment on a Time and Material Basis. GC 3.12 Notices .01 Any notice permitted or required to be given to the Contract Administrator or the Superintendent in respect of the Work shall be deemed to have been given to and received by the addressee on the date of delivery if delivered by hand or by facsimile transmission and on the fifth Day after the date of mailing If sent by mail. Pepe 12 OPS General Condigons of Cow"-Seownber 190 02 The Contractor and the Owner shall provide each other with the mailing addresses, telephone �. numbers and facsimile terminal numbers for the Contract Administrator and the Superintendent at the commencement of the Work 03 In the event of an emergency situation or other urgent matter the Contract Administrator or the Superintendent may give a verbal notice, provided that such notice is confirmed in writing within 2 Days. 04 Any notice permitted or required to be-given to the Owner or the Contractor shall be given in accordance with the notice provision of the Contract GC 3.13 1 Use and Occupancy of the Work Prior to Substantial Performance 01 `Where it is'not contemplated elsewhere in'the Contract Documents.-the Owner may use or occupy the Work or any part thereof prior to Substantial Performance;°.provided.that atleast 30 Days'written notice has been given to the Contractor. 02 The use or occupancy of the Work or any part thereof by the Owner priorto Substantial Performance shall not constitute an°acceptance of the'-Work•or parts'-so-occupied: In-addition, the use.or occupancy of the Work'shalt�'not relieve,the Contractor or the Contractor's Surety from any liability •'that has arisen, or may arise, th from performance-of the,Work"in accordance�with the Contract Documents. The Owner will be responsible for any damage that occurs because of the Owners use or occupancy.` 'Such use:or occupancy of any part--of the Work,by the Owner does-hot waive the Owner's right la,charge,the.Contractor•liquidated damages,in-accordance-with the,-terms of the Contract LGC 3.14 Claims,Negotiations,Mediation GC 3.14.01 Continuance of the Work .01 Unless the-Contract has been terminated or completed, the Contractor.shall in every case, after serving or receiving any notification-of a claim or dispute;-verbal-or written,-continue to proceed with the Work with-due diligence and expedition. It pis understood,bylthe parties that such.action will not jeopardize any claim it may have. GC 3.14.02 Record Keeping .01 Immediately upon commencing work which may result in a claim;-the Contractor shall keep Daily Work Records during the course of the Work;sufficientto substantiate the Contractor's claim,and the Contract Administrator will',keep Daily Work'Records,to be used in:assessing'the Contractors claim, jall 1n accordance with clause GC 8.02.07, Records. .02 The Contractor and the Contract Administrator shall reconcile their respective Daily Work Records on 'a daily basis;to simplify review,of the claim,-when submitted. ,03 The keeping of Daily Work Records by the Contract Administrator or the reconciling of such Daily Work Records'with those of the'Contractor shall not be construed to be acceptance of the,claim. GC 3.14.03 Claims Procedure 01 The Contractor shall give verbal notice of any situation which may lead to a claim for additional payment immediately upon becoming aware of the situation.. .02 The Contractor shall provide written notice in the standard form "Notice of Intent to Claim" within 7 Days of the commencement of any part of the Work which may be affected by the situation. oPS cmrw"corwwom of cowed-Sepwnbw 1999 Page 13 .03 The Contractor shall submit detailed claims as soon as reasonably possible and in any event no later than 30 Days after completion of the work affected by the situation. The detailed claim shall: a) identify the item or items in respect of which the claim arises; b) state the grounds, contractual or otherwise, upon which the claim is made;and c) include the Records maintained by the Contractor supporting such claim. In exceptional cases the 30 Days may be increased to a maximum of 90 Days with approval in writing from the Contract Administrator. .04 Within 30 Days of the receipt of the Contractor's detailed claim, the Contract Administrator may request the Contractor to submit any further and other particulars as the Contract Administrator considers necessary to assess the claim. The Contractor shall submit the requested information within 30 Days of receipt of such request ,05 Within 90 Days of receipt of the detailed claim,the Contract Administrator shall advise the Contractor, in writing,of the Contract Administrator's opinion with regard to the validity of the claim. GC 3 14.04 Negotiations .01 The parties shall make all reasonable efforts to resolve their dispute by amicable negotiations and agree to provide, without prejudice, open and timely disclosure of relevant facts, information, and ,.documents to facilitate these negotiations. .02 Should the Contractor disagree with the opinion given in paragraph GC 3.14.03.05, with respect to any part of the claim, the Contract Administrator shall enter into negotiations with the Contractor to resolve the matters in dispute. Where a negotiated settlement cannot be reached and it is agreed that payment cannot be made on a Time and Material basis in accordance with clause GC 8.02.04, Payment on a Time and Material Basis, the parties shall proceed in accordance with clause GC 3.14.05, Mediation,or subsection GC 3.15, Engineering Arbitration. i GC 3.14.05 Mediation .01 If a claim is not resolved satisfactorily through the negotiation stage noted in clause GC 3.14.04, Negotiations, within a period of 30 Days following the opinion given in paragraph GC 3.14.03.05, and the Contractor wishes to pursue the issue further,the parties may, upon mutual agreement, utilize the services of an independent third party mediator. .02 The mediator shall be mutually agreed upon by the Owner and Contractor. .03 The mediator shall be knowledgeable regarding the area of the disputed issue. The mediator shall meet with the parties together and separately, as necessary, to review all aspects of the issue. In a Mil attempt to assist the parties in resolving the issue themselves prior to proceeding to arbitration the mediator shall provide,without prejudice,a non-binding recommendation for settlement .04 The review by the mediator shall be completed within 90 Days following the opinion given in paragraph GC 3.14.03.05. .05 Each party is responsible for its own costs related to the use of the third party mediator process. The cost of the third party mediator shall be equally shared by the Owner and Contractor. GC 3.14.06 Payment .01 Payment of the claim will be made no later than 30 Days after the date of resolution of the claim or dispute. Such payment will be made according to the terms of Section GC 8.0, Measurement and Payment. . Pope 14 OPS Gomm cons mss or Conuad-8epWmber 1990 GC 3.14.07 Rights of Both Parties .01 It is agreed that no action taken under this subsection GC 3.14, Claims, Negotiations, Mediation, by either party shall be construed as a renunciation or waiver of any of the rights or recourse available to the parties, provided that the requirements set out in this subsection are fulfilled. GC 3.15 Engineering Arbitration GC 3.15.01 Conditions for Engineering Arbitration .01 If a claim is not resolved satisfactorily through the negotiation stage noted in clause GC 3.14.04, Negotiations, or the mediation stage noted in clause GC 3.14.05, Mediation,either party may invoke the provisions-of'subsection GC 3:15, Engineering Arbitration, by giving written notice to the other party. .02 Notification that arbitration shall be implemented to resolve the issue shall be-communicated in writing as-soon as"possible and 'no' later-than460�*Days following the--opinion-given in paragraph GC 3.14.03:05: Where the use of a third party,mediator was-implemented;-notification shall be within 120 Days of the opinion given in paragraph GC 3.14.03.05. .03 The parties shall be bound by the decision of the arbitrator. .04 The rules and procedures of the Arbitration Act,1991, S.O. 1991, c.17, as'amended, shall apply to :.any -arbitration conducted-hereunder except to:the.extent that they are modified:by-.toe.express provisions of this subsection GC 3.15, Engineering Arbitration. GC 3.15.02 Arbitration Procedure .01 The following provisions are to be included in the agreement to arbitrate and are subject only to.such right of`appeal-as exist where the arbitrator has exceeded,his or her jurisdiction or have otherwise disqualified him or herself`. a) All existing`actions inrespect'of the matters under arbitrationwill•bestayed pending arbitration; -b) All outstanding claims and matters to be settled are to be set out in a schedule to the agreement .; Only such claims and-maiters as are in the schedule will be arbitrated;and c) Before proceeding with the arbitration, the'Contractor shall confirm that all matters in dispute are set out in the schedule. tGC 3.15.03 Appointment of Arbitrator .01"The arbitrator shall be mutually agreed upon bythe Owner and.Contractor:�to adjudicate the.dispute. ...02 Where the Owner and Contractor cannot agree on a sole arbitrator within.30 Days of the notification of arbitration noted in paragraph GC 3.15.01.02, the Owner and the Contractor shall each choose an appointee within 37 Days of the notice of arbitration. .03 The appointees shall mutually agree upon an arbitrator to adjudicate'the dispute within 15 Days after the last appointee was chosen or they shall refer the matter to the Arbitration and Mediation Institute of Ontario Inc. which will select an arbitrator to adjudicate the dispute within 7 Days of being requested to do so. 04 The arbitrator shall not be interested financially in the Contract nor in either party's business and shall not be employed by either party. .05 The arbitrator may appoint independent experts and any other persons to assist him or her. OPS Geneal Conditions of Contact-Sepb~199g Pepe 15 .06 The arbitrator is not bound b the rules of evidence which Y govern the teal of cases in court but may hear and consider any evidence which the arbitrator considers relevant .07 The hearing will commence within 90 Days of the appointment of the arbitrator. GC 3.15.04 Costs .01 The arbitrator's fee shall be equally shared by the Owner and the Contractor. .02 The fees of any independent experts and any other persons appointed to assist the arbitrator shall be shared equally by the Owner and the Contractor. .03 The arbitration hearing shall be held in a place mutually agreed upon by.both parties or in the event the parties do not agree, a site shall be chosen by the arbitrator. The cost of obtaining appropriate facilities shall be shared equally by the Owner and the Contractor. .04 ' The arbitrator may, in his or her discretion,award reasonable costs,related to the arbitration. GC 3.15.05 The Decision .01. The reasoned decision will be made In writing within 90 Days of the conclusion of the hearing. An extension of time to make a decision may be granted with consent of both parties. Payment shall be made in accordance with clause GC 3.14.06,Payment. GC 3.16 Archaeological Finds .01 if the Contractors operations expose any items which may indicate an archaeological find, such as building remains, hardware, accumulations of bones, pottery, or arrowheads, the Contractor shall immediately notify the Contract Administrator and suspend operations within the area identified by the Contract Administrator. Notification may be verbal provided that such notice is confirmed in writing within 2 Days. Work shall remain suspended within that area until otherwise directed by the Contract Administrator in writing,in accordance with subsection GC 7.09,Suspension of Work .02 Any delay in the completion of the Contract that is caused by such a suspension of Work will be considered to be beyond the Contractors control in accordance with paragraph GC 3.08.01. .03 Any work directed or authorized in connection with an archaeological find will be considered as Extra Work in accordance with clause GC 3.11.02, Extra Work Pape 16 oPS Gomm Condkkm of Carm t-September 1999 SECTION GC 4.0-OWNER'S RESPONSIBILITIES AND RIGHTS GC 4.01 Working Area 01 The Owner will acquire all property rights which are deemed necessary by the Owner for the construction of the Work, including temporary working easements, and will indicate the full extent of the Working Area on the Contract Drawings. .02,'The Geotechnical Report and-Subsurface Report which will be provided by the Owner as part of the tender documents shall form part of the Contract Drawings. GC 4.02 Approvals and Permits .01 The Owner will pay for all plumbing and building permits. .02 The Owner will obtain and pay for all permits, licenses and certificates°,solelysequired,for Project approval. GC 4.03 Management and Disposition of Materials .01`'The Owner will identify in the Contract Documents the materials to be moved within orremoved from. the Working'Area, and any characteristics°of those materials which will necessitate special materials management and disposition. ' Safety Act;RcS:0..1990;c.0:1;=as-".'Inac bordance�th.tegulabons under the°D�pationaf Heatth.and - amended,the Owner advises that a) the designated substances silica, lead and arsenic are generally present throughout the Working Area occurring naturally or as a result of vehicle emissions; b) the designated substance asbestos is present in asbestos conduits for utilities; '_'c) the,following-hazardous materials 'are'-ordinarily present in,construction;activities- ,•limestone, . gypsum,marble,mica and Portland cement;and d)'exposure,10 these substances,may-occur as -a result of activities by-the-Contractor such as sweeping;grinding,crushing, drilling,^blasting,cutting and abrasive blasting. - .03 The Owner will identify in the Contract, Documents any designated substances or:hazardous materials other than those identfied above and their location in the Working Area. :04' If the Owner or-Contractor discovers or. is advised of<the,presence:•of-:designated.substances or hazardous materials which are in addition to those listed•in r.paragraph GC:4.03.02, or.not clearly 1ddentified in the'Contract'Documents according:•to paragraph.�GC 4:03:03;jMhenwerbal,notice will be provided to the other party°immediately with written confirmation-within 2 Days r,The Contractor,will stop work in the area immediately and will,determine the'necessary steps required to complete the work in accordance with applicable legislation and regulation. .05''The Owner'will' be' responsible'for any reasonable additional costs of.removing, imanaging <and disposing of any material not-identified in the°Contract,Documents;,orwhere conditions exist that could not have been reasonably-,foreseen at the-time-of tendering. -All work under this paragraph shall be deemed to be Extra Work. .06 Prior to commencement of the Work,the Owner will provide to the Contractor a list of those products controlled under the Workplace Hazardous Materials Information'System or WHMIS, which the Owner will supply or use on the Contract, together with copies of the Materials Safety Data Sheets for these products. All containers used in the application of products controlled under WHMIS shall be labelled. The Owner will notify the Contractor in writing of changes to the list and provide relevant Material Safety Data Sheets. oPS General CwWftk)na or Contract-September 1999 Paps 17 GC 4.04 Construction Affecting Railway Y ProPertY .01 The Owner will pay the costs of all flagging and other traffic control measures required and provided by the railway company unless such costs are solely a function of the Contractors chosen method of completing the Work. GC 4.05 Default by the Contractor .01 The Contractor shall be in default of the Contract if, a) the Contractor fails to commence the Work or execute the Work properly or otherwise fails to comply with the requirements of the Contract to a substantial degree; or b) d the Contractor is adjudged bankrupt or makes a general assignment for the benefit of creditors because of insolvency or if a receiver is appointed because of insolvency. GC 4.06 Notification of Default .01 .4he Owner will give written notice of a default to the Contractor as soon as the Owner becomes aware of the alleged default but failure to give such notice in a timely way shall not constitute condonation of the default The notice will include Instructions to correct the default within 5 Working Days. GC 4.07 Contractors Right to Correct a Default .01 The Contractor shall have the right within the 5 full Working Days following the receipt of a notice of default to correct the default and provide the Owner with satisfactory proof that appropriate corrective measures have been taken. .02 If the correction of the default cannot be completed within the 5 full Working Days following receipt of the notice,the Contractor shall not be in default if the Contractor, a) commences the correction of the default within the 5 full Working Days following receipt of the notice; b) provides the Owner with an acceptable schedule for the progress of such correction;and c) completes the correction in accordance with such schedule. GC 4.08 Owners Right to Correct Default .01 If the Contractor fails to correct the default within the time specified in subsection GC 4.07, Contractor's Right to Correct a Default, or subsequently agreed upon,the Owner,without prejudice to .,:any other right or remedy the Owner may have, may correct such default and deduct the cost thereof, as certified by the Contract Administrator,from any payment then or thereafter due to the Contractor. GC 4.09 Termination of Contractors Right to Continue the Work .01 Where the Contractor fails to correct a default within the time specified in subsection GC 4.07, Contractor's Right to Correct a Default,or subsequently agreed upon,the Owner,without prejudice to any other right or remedy the Owner may have, may terminate the Contractor's right to continue the Work in whole or in part by giving written notice to the Contractor. .02 If the Owner terminates the Contractor's right to continue with the Work in whole or in part, the Owner will be entitled to, a) take possession of the Working Area or that portion of the Working Area devoted to that part of the Work terminated; b) utilize the Equipment of the Contractor and any Material within the Working Area which is intended to be incorporated into the Work,the whole subject to the right of third parties; c) withhold further payments to the Contractor with respect to the Work or the portion of the Work withdrawn from the Contractor until the Work or portion thereof withdrawn Is completed; Page Is OPS General Condkbns of Conrad-September 190 i . . 1 d) charge the Contractor the additional cost over the Contract price of completing the Work or portion thereof withdrawn from the Contractor, as certified by the Contract Administrator and any additional compensation paid to the Contract Administrator for such additional service arising from the correction of the default; e) charge the Contractor a reasonable allowance, as determined by the Contract Administrator, to cover correction to the Work performed by the Contractor that may be required under subsection GC 7.15,Warranty; f) charge the Contractor for any damages the Owner may have sustained as a result of the default; and g) charge the Contractor the amount by which the cost of corrections to the Work under subsection 'GC 7.15,Warranty,exceeds the allowance provided for such corrections. GC 4.10 Final Payment to Contractor .01 If the Owner's cost to correct and complete the Work in whole or in part-is less than the amount withheld from the Contractor under L subsection-"GC '4.09,' Termination :ofn.Contra Wfs Right to Continue the Work,the Owner will pay the,balance to the'Contractor as soon as the final accounting for the Contract is complete. GC 4.11 Termination of the Contract .01 Where the Contractor is in default of the Contract the Owner may,without prejudice to any other right or remedy the Owner-may have;terminate the Contract by giving written notice of termination to the Contractor,`he'Surety'-and-any trustee?or receiver acting on behalf of•the 'Contractces'.estate or creditors. 02 If the Owner elects to terminate the Contract the Owner will provide the Contractor and the trustee or receiver with a complete accounting to the date of termination. GC 4.12 Continuation of Contractor's Obligations .01 The'Contractors-obligation under the Contract as to quality; correction and warranty of the Work performed prior to the time of termination of the Contract or termination of the Contractor's right to continue with the Work in whole or in part shall continue to be in force after such termination. GC 4.13 Use of Performance Bond .01 If the Contractor is in default of the Contract and the,Contractorrhas'provided;-a Performance Bond, the provisions of this Section shall be exercised,in accordance with the-conditions of the Performance Bond. OPS General CondM=of Contract-September 1999 Paps 19 SECTION GC 5 .0- MATERIAL GC 5.01 Supply of Material .01 All Material necessary for the proper completion of the Work, except that listed as being supplied by the Owner, shall be supplied by the Contractor. The Contract price for the appropriate tender items shall be deemed to include full compensation for the supply of such Material. GC 5.02 Quality of Material .01 All Material supplied by the Contractor shall be new or unless otherwise specified in Documents. P� the Contract .02J Material supplied by the Contractor shall conform to the requirements of the Contract , .03 'BAs specified or as requested by the Contract Administrator, the Contractor shall make available for ,uispection or testing a sample of any Material to be supplied by the Contractor. - .04. YThe Contractor shall obtain for the Contract Administrator the right to enter upon the premises of the Material manufacturer or supplier to carry out such inspection, sampling and testing as specified or a requested by the Contract Administrator. .05 The Contractor shall notify the Contract Administrator of the sources of supply sufficiently in advance ,of the Material shipping dates to enable the Contract Administrator to perform the required inspection, sampling and testing. .06 The Owner will not be responsible for any delays to the Contractor's operations where the Contractor fails to give sufficient advance notice to the Contract Administrator to enable the Contract Administrator to carry out the required inspection, sampling and testing before the scheduled shipping date. .07 The Contractor shall not change the source of supply of any Material without the written authorization of the Contract Administrator. .08 Material which is not specified shall be of a quality best suited to the purpose required and the use of such Material shall be subject to the approval of the Contract Administrator. GC 5.0 ,. Rejected Material :01 Rejected Material shall be removed from the Working Area expeditiously after the notification to that affect from the Contract Administrator. Where the Contractor fails to comply with such notice the Contract Administrator may cause the rejected Material to be removed from the Working Area and i disposed of in what the Contract Administrator considers to be the most appropriate manner and the Contractor shall pay the costs of disposal and the appropriate overhead changes. GC 5.04 Substitutions .01 Where the specifications require the Contractor to supply a Material designated by a trade or other name, the Tender shall be based only upon supply of the Material so designated, which shall be regarded as the standard of quality required by the specification. After the acceptance of the Tender, the Contractor may apply to the Contract Administrator to substitute another Material Identified by a different trade or other name for the Material designated as aforesaid. The application shall be in writing and shall state the price for the proposed substitute Material designated as aforesaid, and such other information as the Contract Administrator may require. Pape 20 OPS GOMM Conditlom of Owftet•s*pWiibw 1999 .02 Rulings on a proposed substitution will not be made prior to the acceptance of the Tender. Substitutions shall not be made without the prior approval of the Contract Administrator. The approval or rejection of a.proposed substitution will be made at the discretion of the Contract Administrator. .03 If the proposed substitution is approved by the Contract Administrator,the Contractor shall be entitled to the first$1000 of the aggregate saving in cost by reason of such substitution and to 50% of any additional saving in cost in excess of such $1000. Each such approval shall be conveyed to the Contractor in writing ,or by issuance' of a Certificate of Equality on the Owners standard form of "Certification of Equality"'and• if any adjustment to the Contract price is made by reason of such substitution a Change Order shall be issued as well. GC 5.05 Owner Supplied Material GC 5.05.01 Ordering of Excess Material .01 Where Material is supplied by the Owner and where<this.Material-;is ordered by the Contractor in excess of the amount specified to complete•the-Work;'suchzexcess-Matenal shall=become the property of the•,Contractor on completion of the Work and shalt be charged to the Contractor at cost ' plus applicable overheads. GC 5.05.02 Care of Material 01 Jhe; ntractorshall, in:advance of receipt of shipments of Materiaf.supplied by.the--Owner, provide "adequate-and properstorage facilities acceptable to the Contract`Administrator,and-on,-the receipt of-,y = such Material shall,promptly place it in storage except where it is to be incorporated forthwith into the Work. .02 The Contractor shall be responsible for acceptance of Material supplied by the Owner, at the specfied delivery point and for its safe handling and storage. If.such Material_is damaged while. under-.the-control of.the Contractor it shall be replaced or repaired bythe Contractor at no expense to the Owner, and to the satisfaction of the Contract Administrator: If.such Material is rejected by the Contract Administratorsfor reasons which are not the fault of the,Contractor it shall_remain in the care and at the risk of` the Contractor until its disposition has been- determined by the Contract Administrator. 03 Where Material supplied by the Owner arrives at the delivery point in.aAamaged condition or where there are discrepancies between the quantities received and the.:quantities shown on the bills of lading, the Contractor shall immediately.°.report such damage .or-•discrepancies to the Contract Administrator who shall arrange for an, immediate..-inspection.-Of the: hipment and.provide the Contractor with a written release from-responsibility for such damage ordeficlencies Where.damage. or deficiencies are not so reported it will be assumed that the'shipment arrived in good order and any damage or deficiencies reported thereafter shall be made good by the Contractor at no extra cost to . the Owner. 04 The full amount of Material supplied by the Owner in each shipment shall be accounted for by the Contractor and such Material shall be at the risk of the Contractor after taking delivery Such Material shall not, except with the written permission of the Contract Administrator, be used by the Contractor for purposes other than the performance of the Work under the Contract. .05 Empty reels, crates, containers and other type of packaging from Material supplied by the Owner shall become the property of the Contractor when they are no longer required for their original purpose and shall be disposed of by the Contractor unless otherwise specified in the Contract Documents. OPS Generel conditions of Contract-September 1999 Pape 21 .06 The Contractor shall provide the Contract Administrator, immediately medlately upon receipt of each shipment, copies of bills of lading, or such other documentation the Contract Administrator may require to substantiate and reconcile the quantities of Material received. !� .07 Where Material supplied by the Owner is ordered and stockpiled prior to the award of the Contract, the Contractor shall, at no extra cost to the Owner, immediately upon commencement of operations, check the Material, report any damage or deficiencies to the Contract Administrator and take charge of the Material at the stockpile site. Where damage or deficiencies are not so recorded by the Contractor it shall be assumed that the stockpile was in good order when the Contractor took charge of it and any damage or deficiencies reported thereafter shall be made good by the Contractor at no extra lost to the Owner. Z' Ppe 22 on Oenml CondOM of contract-September 1999 SECTION GC 6.0-INSURANCE, PROTECTION AND DAMAGE GC 6.01 Protection of Work, Persons and Property ' 01 The Contractor, the Contractor's agents and all workers employed by or under the control of the Contractor, including Subcontractors, shall protect the Work, persons and property from damage or injury, and shall be responsible for all losses and damage which may arise as the result of the Contractor's operations under the Contract unless indicated to the contrary below. 02' The Contractor is responsible for the full cost of any necessary temporary provisions and the restoration of all damage where the Contractor damages the Work or property in the performance of the Contract. If the Contractor is not responsible for the damage that occurs to the Work or property the Contractor shall restore such damage, and such work shall be administered according to these General Conditions. 03 The Contractor shall immediately inform1he'Contract Administrator of.alFdamage and injuries which occur during the term of the Contract .04 The Contractor shall not be responsible for'loss and damage`that occurs as a result of, a) war, b) blockades and civil commotion; c) errors in the Contract Documents;or d) acts or omissions of the Owner, the Contract Administrator,their agents and;employees,.or.others not under the control of the Contractor, but within the Working Area with the Owner's permission. .05 The Contractor and his Surety or Sureties shall not be released from any term or provision of any responsibility, obligation or liability under the Contract or waive or impair any of the rights of the Owner except by a release duly executed by the Owner. GC 6.02 Indemnification .01 The Contractor shall tindemnify and hold harmless the Owner and the Contract Administrator, their . agents, officers and'employees from and against all claims, demands, losses, expenses,,costs, , `damages, actions, suits`or procc eeedings."by third parties, hereinafter called "claims directly or indirectly arising or alleged to arise out of the performance of or the failure to perform the Work, provided such claims are, ' a) attributable to bodily injury,sickness, disease, or death or to damage to or destruction of tangible property, b) caused by negligent acts or omissions:Of the"Contractor or anyone_for.,,whose acts the Contractor may be liable; and c) made in writing within a period of 6 years from the date°of Substantial Pertormance of the Work as set out in'the Certificate of Substantial Performance of the Work or, where so specified in the Contract from the date of certification of Final Acceptance. r02 The Contractor shall indemnify and hold harmless the Owner from-all and every claim for damages, royalties or fees for the infringement of any patented invention or copyright occasioned by the Contractor in connection with the Work performed or Material furnished by the Contractor under the Contract .03 The Owner expressly waives the right to indemnity for claims other than those stated above in paragraphs GC 6.02.01 and GC 6.02.02. 04 The Owner shall indemnify and hold harmless the Contractor, his agents, officers and employees from and against all claims, demands, losses, expenses, costs, damages, actions, suits, or proceedings arising out of the Contractor's performance of the Contract which are attributable to a lack of or defect in title or an alleged lack of or defect in title to the Working Area. OPS General conditions of Contract-8eptarnlW 19M Pne 23 .05 The Contractor expressly waives the right to indemnity for claims other than those s ' XP Y �Y fated above in paragraph GC 6.02.04. GC 6.03 Contractors Insurance GC 6.03.01 General .01 Without restricting the generality of subsection GC 6.02, Indemnification,the Contractor shall provide, maintain and pay for the insurance coverages listed under clauses GC 6.03.02 and GC 6.03.03. Insurance coverage in clauses GC 6.03.04, GC 6.03.05 and GC 6.03.06 will only apply when so specified in the Contract Documents. GC 6.03.02 General Liability Insurance ' .01 General liability insurance shall be in the name of the Contractor, with the Owner and the Contract .,?,A dministrator named as addiitional insureds, with limits of not less than 5 million;dollars inclusive per occurrence for bodily injury, death, and damage to property including loss of use thereof, with a property damage deductible of not more than $5000. The form of this insurance shall be the kjsurance Bureau of Canada Form IBC 2100, dated 8-87. .02`-Another form of insurance equal to or better than that required in IBC Form 2100 may used, provided all the requirements listed in the Contract are included. Approval of this insurance will be conditional upon the Contractor obtaining the services of an insurer licensed to underwrite insurance in the Province of Ontario and obtaining the insurers certificate of equivalency to the required insurance. .03 The insurance shall be maintained continuously from the commencement of the Work until 12 months following the date of Substantial Performance of the Work, as set out in the Certificate of Substantial Performance of the Work, or until the Final Acceptance Certificate is issued, whichever is later, and with respect to completed operations coverage for a period of not less than 24 months from the date of Final Acceptance of the Work as set out in the Final Acceptance Certificate, and thereafter to be maintained for a further period of 4 years. .04 The Contractor shall submit annually to the Owner, proof of continuation of the completed operations coverage and if the Contractor fails to do so, the limitation period for claiming indemnity described in paragraph GC 6.02.01 c),will not be binding on the Owner. .05 Should the Contractor decide not to employ Subcontractors for operations requiring the use of explosives for blasting,or pile driving or caisson work, or removal or weakening of support of property , uriding or land, IBC Form 2100 as required shall include the appropriate endorsements. .06 The policies shall be endorsed to provide the Owner with not less than 30 Days' written notice in advance of cancellation,change or amendment restricting coverage. .07 "Claims Made"insurance policies will not be permitted. GC 6.03.03 Automobile Liability Insurance .01 Automobile liabllity insurance in respect of licensed vehicles shall have limits of not less than 5 million dollars,inclusive per occurrence for bodily injury, death and damage to property, in the following forms 'eiklorsed"to provide the Owner with not less than 30 Days' written notice in advance of any cancellation,change or amendment restricting coverage: a) standard non-owned automobile policy including standard contractual liability endorsement,and b) standard owners form automobile policy providing third party liability and accident benefits insurance and covering licensed vehicles owned or operated by the Contractor. Pme 24 OPS Gerw W Con ftm of Cwftd-September 1999 GC 6.03.04 Aircraft and Watercraft Liability Insurance .01 Aircraft and watercraft liability insurance with respect to owned or non-owned aircraft and watercraft if used directly or indirectly in the performance of the Work, including use of additional premises, shall be subject to limits of not less than 5 million dollars inclusive per occurrence for bodily injury, death, and damage to property including loss of use thereof, and limits of.not less than 5 million dollars for aircraft passenger hazard. Such insurance shall be in a form acceptable to the Owner. The policies shall be endorsed to provide the Owner with not less than 30 Days' written notice in advance of cancellation,change or amendment restricting coverage. GC 6.03.05 Property and Boiler insurance ' GC'6.03.05.01 Property Insurance .01:• All risks property insurance shall be in the name of the.Contractor,:with the<4wner.and the Contract :Administrator named.as:additional-insureds, insuring.,not,less: sum than:the :jof:the:amount of the_ Contract price and the full value, as may-be statedAn:the-S.uppiemental-General.,Conditions, of Material that is-specified to be provided%by:the,Owner-„for.:incorporation into the:;Work, <with.a deductible not exceeding I%of the amount insured at the site of the Work. This insurance shall be in a form acceptable to the Owner`and shall be maintained continuously until.lO Days after.the date:of. Final Acceptance of the Work,as set out in the Final Acceptance Certificate. GC 6.03.05.02 Boiler Insurance 1301lerinsuranewinsuringthe interests of the Contractor;the'Ownerand the Contact. for not less than the replacement value of boilers and pressure vessels,forming part of the Work, shall be in a form acceptable to the Owner. This insurance shall be maintained continuously from commencement of use or operation of the property insured until 10 Days after the date of Final Acceptance of the Work,as set out in the Final Acceptance Certificate. rGC 6.03.05.03• -Use and Occupancy of theWork•Priorto Completion :01 Should the Owner wish°to use or occupy part or all of the Work prior.to Substantial Performance,.the ` Owner will•give 30`Days'`written notice to the'Contractor of the-intended purpose and.extent of such use or occupancy. -Priorto-such use or occupancy the Contractor shall notify the Owner in writing of the additional premium cost, if any, to maintain property and boiler insurance, which shall be at the Owner's expense. If because of such use or occupancy.the Contractor, is,unable to provide coverage, the Owner upon written notice from the.Contractor�and prior.tio;sucb-.use..or.occupancy shall provide,, and pay for property',and..boiler,,insurance,insuring:,the=full value of the Work, including coverage for such use or occupancy, and shall;provide he�Contrac orc with-.proof of such insurance. -The Contractor shall refund to the Owner the”uneamed I"miums applicable to the Contractor's policies upon termination of coverage. .02 The policies,shall provide that in the event of a loss or damage, payment shall be made to the Owner and the Contractor as their respective interests may appear. The Contractor shall act on:behalf of both the Owner and the Contractor for the purpose of adjusting the amount of such loss or damage payment with the-insurers.,-When the extent of the loss or damage is determined the Contractor shall proceed to restore the Work. Loss or damage shall not affect the rights and obligations of either party under the Contract except that the Contractor shall be entitled to such reasonable extension of Contract Time relative;to the extent of the loss or damage as the Contract Administrator may decide in consultation with the Contractor. OPS General Condo w of Contrad-September!999 Pape 26 GC 6.03.05.04 Payment for ym Loss or Damage .01 The Contractor shall be entitled to receive from the Owner, in addition to the amount due under the Contract, the amount at which the Owner's interest in restoration of the Work has been appraised, such amount to be paid as the restoration of the Work proceeds and in accordance with the requirements of Section GC 8.0, Measurement and Payment In addition the Contractor shall be entitled to receive from the payments made by the insurers the amount of the Contractor's interest in the restoration of the Work. .02 The Contractor shall be responsible for deductible amounts under the policies except where such amounts may be excluded from the Contractors responsibility by the terms of this Contract. .03 In the event of a loss or damage to the Work arising from the action or omission of the Owner or others, the Owner shall pay the Contractor the cost of restoring the Work as the restoration of the ' Work proceeds and in accordance with the requirements of Section GC 8.0, Measurement and Payment GC 6.03.06 Contractor's Equipment Insurance .01 Ail risks Contractor's equipment insurance covering construction machinery and equipment used by the Contractor for the performance of the Work, including boiler insurance on temporary boilers and pressure vessels, shall be in a form acceptable to the Owner and shalt not allow subrogation claims by the insurer against the Owner. The policies shall be endorsed to provide the Owner with not less than 30 Days' written notice in advance of cancellation, change or amendment restricting coverage Subject to satisfactory proof of financial capability by the Contractor for self-insurance of the Contractor's Equipment, the Owner agrees to waive the equipment insurance requirement, and for the purpose of this Contract, the Contractor shall be deemed to be insured. This policy shall be amended to provide permission for the Contractor to grant.prior releases with respect to damage to the Contractor's Equipment GC 6.03.07 Insurance Requirements and Duration .01 Unless specified otherwise the duration of each insurance policy shall be from the date of commencement of the Work until 10 Days after the date of Final Acceptance of the Work, as set out in the Final Acceptance Certificate. .02 The Contractor shall provide the Owner, on a form acceptable to the Owner, proof of Insurance prior to commencement of the Work, and signed by an officer of the Contractor and either the underwriter or the broker. .03 The Contractor shall, on request, promptly provide the Owner with a certified true copy of each insurance policy exclusive of information pertaining to premium or premium bases used by the insurer to determine the cost of the insurance. The certified true copy shall include a signature by an officer of the Contractor and in addition, a signature by an officer of the insurer or the underwriter or the broker. .04 Where a policy is renewed the Contractor shall provide the Owner, on a form acceptable to the Owner, renewed proof of insurance immediately following completion of renewal. .05 Unless specified otherwise the Contractor shall be responsible for the payment of deductible amounts under the policies. .06 If the Contractor fails to provide or maintain insurance as required in subsection GC 6.03, Contractor's Insurance,or elsewhere in the Contract Documents,then the Owner will have the right to provide and maintain such insurance and give evidence thereof to the Contractor. The Owner's cost thereof shall be payable by the Contractor to the Owner on demand. Pape 26 OPS Gowml Condkbns of Contact-September 1999 .07 If the Contractor fails to pay the cost of the insurance placed by the Owner within 30 Days of the date on which the Owner made a formal demand for reimbursement of such costs the Owner may deduct the costs thereof from monies which are due or may become due to the Contractor. GC 6.04 Bonding .01 The Contractor shall provide the Owner with the surety bonds in the amount required by the tender documents. .02 Such bonds shall be issued by-a duly licensed surety company authorized to transact a business of suretyship in the Province of Ontario and shall be maintained in good standing until the fulfilment of the Contract. _y I oPS GerwW CoWkkxa or conftd-September 1999 pop 27 SECTION GC 7.0-CONTRACTOR'S RESPONSIBILITIES AND CONTROL OF THE WORK GC 7.01 General .01 The Contractor warrants that the site of the Work has been visited during the preparation of the Tender and the character of the Work and all local conditions which may affect the performance of the Work are known. .02 The Contractor shall not commence the Work nor deliver anything to the Working Area until the !Contractor has received a written order to commence the Work,signed by the Contract Administrator. .03 The Contractor shall have complete control of the Work and shall effectively direct and supervise the Work so as to ensure conformity with the Contract Documents. The Contractor shall be responsible for construction means, methods, techniques, sequences and procedures and for coordinating the various parts of the Work. .04 The Contractor shall have the sole responsibility for the design, enaction,operation, maintenance and -removal of temporary structures and other temporary facilities and the design and execution of construction methods required in their use. .05 f-Notwithstanding paragraph GC 7.01.04, where the Contract Documents include designs for temporary structures and other temporary facilities or specify a method of construction in whole or part, such facilities and methods shall be considered to be part of the design of the Work, and the Contractor shall not be held responsible for that part of the design.or.the specified method of `construction. The Contractor shall, however, be responsible for the execution of such design or specified method of construction in the same manner that the Contractor is responsible for the execution of the Work. .06 The Contractor shall execute the terms of the Contract in strict compliance with the requirements of the Occupational Health and Safety Act, R.S.O. 1990, c.O.1 (the "Act") and Ontario Regulation 213191 (which regulates Construction Projects) and any other regulations under the Act (the "Regulations")which may affect the performance of the Work, as the"constructor"or"employer", as defined by the Act,as the case may be. The Contractor shall ensure that a) worker safety is given first priority in planning, pricing and performing the Work; b) its officers and supervisory employees have a working knowledge of the duties of a "constructor" and"employer"as defined by the Act and the provisions of the Regulations applicable to the Work, and a personal commitment to comply with them; c)-a copy of the most current version of the Act and the Regulations are available at the Contractor's office.within the Working Area, or, in the absence of an office, in the possession of the 'supervisor responsible for the performance of the Work; drworkers employed to carry out the Work possess the knowledge, skills and protective devices "required by law or recommended for use by a recognized industry association to allow them to work in safety, e) its supervisory employees carry out their duties in a diligent and responsible manner with due consideration for the health and safety of the workers;and f) all Subcontractors and their employees are properly protected from injury while they are at the work place. .07 The Contractor when requested shall provide the Owner with a copy of its health and safety policy and program at the pre-start meeting, and shall respond promptly to requests from the Owner for confirmation that its methods and procedures for carrying out the Work comply with the Act and Regulations. The Contractor shall cooperate with representatives of the Owner and inspectors appointed to enforce the Act and the Regulations in any investigations of worker health and safety in the performance of the Work. The Contractor shall indemnify and save the Owner harmless from any additional expense which the Owner may incur to have the Work performed as a result of the Contractor's failure to comply with the requirements of the Act and the Regulations. Page 28 OPS General Conditions of contract-September 1999 08 Prior to commencement of the Work the Contractor shall provide to the Contract Administrator a list of those products controlled under the Workplace Hazardous Materials Information System or WHMIS, which the Contractor expects to use on the Contract Related Materials Safety Data Sheets shall accompany the submission. All containers used in the application of products controlled under WHMIS shall be labelled. The Contractor shall notify the Contractor Administrator of changes in writing and provide relevant Material Safety Data Sheets. .09 The Contractor shall have an authorized representative on the site while any work is being performed, to act-for or on the Contractor's behalf. Prior to commencement of construction, the Contractor.shall notify the Contract Administrator of the names, addresses;positions and telephone numbers of.the_ Contractor's representatives who can be contacted at any time to deal with matters relating to the Contract 10 The Contractor shall;-at°no,additional cost to the Owner, furnish all reasonable aid; facilities and assistance required by the Contract Administrator for the proper inspection-and examination of the Work or the`taking of measurements for thei purpose-of.payment 11 The Contractor shall prepare;and update as required,a,construction:schedule indicating the,timing of the major and critical activities of the Work`-The schedule.shall be designed to ensure conformity with the specified Contract Time. The schedule shall be submitted to the Contract Administrator within 14 Days from the date`of the Contract award. .12 'Where- the Contractor finds any!,error, inconsistency or omission`relating to`the°Contract, the Contractorshall promptly-report'it to the Contract Administrator and shall not proceed,with`the activity affected until receiving-direction from the Contract Administrator. 13 The Contractor shall arrange with the appropriate utility authorities for the stake out of all underground utilities and service connections which may be affected by the Work. The Contractor shall be responsible for any damage done to the underground utilities by the Contractor's.,-forces during construction Iif the stake'out locations are within 'the tolerances given in-paragraph GC 2.01.01 a). GC 7.02 Layout .0V` Prior to commencement`of construction;the Contract'Administiator 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;jpreservation of all property-bars_"while the Work is in progress, except those property bars,•which-:must.be removed,ta.facilitate::the Work. Any other property bars disturbed, damaged.or removed,by the Contractor's operations°shall be replaced by,an Ontario Land Surveyor,at the Contractor's expense. 03 At no extra cost to,the.Owner,-the Contractor shall provide the Contract Administraator with such. materials and devices as may be necessary to lay out the baseline and benchmarks, and as may be necessary for the inspection of the Work 04 The Contractor shall provide qualified personnel to lay out and establish all lines and grades necessary for construction. The Contractor shall notify-the Contract Administrator of any layout work - carried out, so that the same may be checked by the Contract Administrator. .05 The Contractor shall install and maintain substantial alignment markers and secondary benchmarks as may be required for the proper execution of the Work. The Contractor shall supply one copy of all alignment and grade sheets to the Contract Administrator. OPS Geneai Conditions of Contact•SWanber 190 pop 29 .06 The Contractor shall assume full responsibility for alignment, elevations and dimensions Of each and all parts of the Work, regardless of whether the Contractor's layout work has been checked by the Contract Administrator. .07 All stakes, marks and reference points provided by the Contract Administrator shall be carefully preserved by the Contractor. In the case of their destruction or removal as a result of the Contractor's operations, such stakes, marks and reference points will be replaced by the Contract Administrator at ' the Contractor's expense. GC-7.03 Damage by Vehicles or Other Equipment .01 If at any time, in the opinion of the Contract Administrator, damage is being done or is likely to be. done to any Roadway or any improvement thereon, outside the Working Area, by the Contractor's ' vehicles or other equipment, whether licensed or unlicensed equipment, the Contractor shall, on the direction of the Contract Administrator, and at no extra cost to the Owner,,:make changes or substitutions for`such vehicles or equipment, and shall alter loadings, or in some other manner, remove the cause of such damage to the satisfaction of the Contract Administrator. GC 7.04 Excess Loading of Motor Vehicles .01 'Vhere a vehicle is hauling Material for use on the Work, in whole or in part upon a Highway, and where motor vehicle registration is required for such vehicle, the Contractor shall not cause or permit such vehicle to be loaded beyond the legal limit specified in the Highway Traffic Act, R.S.O. 1990, ,c.H.8, as amended, whether such.vehicle is registered in the name of the Contractor or otherwise, .,, except where there are designated areas within the Working Area where overloading is permitted. The Contractor shall bear the onus of weighing disputed loads. GC 7.05 Condition of the Working Area .01 The Contractor shall maintain the Working Area in a tidy condition and free from the accumulation of debris,other than that caused by the Owner or others. GC 7.06 Maintaining Roadways and Detours .01 Where an existing Roadway is affected by construction, it shall be kept open to traffic, and the Contractor shall, except as otherwise provided in this subsection, be responsible for providing and maintaining for the duration of the Work, a road through the Working Area, whether along an existing Highway, including the road under construction, or on detours within or adjacent.to the Highway, in accordance with the MUTCD. .02 M6'Contractor shall not be required to maintain a road through the Working Area until such time as the Contractor has commenced operations or.during seasonal shut down :or on any part of the Contract that has been accepted in accordance with these General Conditions. The Contractor shall not be required to apply deicing chemicals or abrasives or carry out snowplowing. .03 Where localized and separated sections of the Highway only are affected by the Contractor's operations, the Contractor will not be required to maintain intervening sections of the Highway until such times as these sections are kucated within the limits of the Highway affected by the Contractor's general operations under the Contract. .04 Where the Contract Documents provide for or the Contract Administrator requires detours at specific locations, payment for the construction of the detours, and if required, for the subsequent removal of the detours,will be made at the Contract prices appropriate to such work. Page 30 OPS Geneml ConditWa of CW"d-September 1999 .05 The Contractor shall maintain, in a satisfactory condition for traffic, a road through the Working Area, ' at the Owner's expense. The road through the Working Area will include any detour constructed in accordance with the Contract Documents or required by the Contract Administrator. Compensation for all labour, equipment and materials to do this work shall be at the Contract prices appropriate to the work and, where there are no such prices, at negotiated prices. Notwithstanding the foregoing, the cost of blading required to maintain the surface of such roads and detours shall be deemed to be included in the prices bid for the various tender items and no additional payment will be made. 06 Wherework under the'Contract is discontinued for any extended period including seasonal.shutdown, the Contractor shall, when directed by the Contract Administrator, open and place the Roadway and detours in a passable, safe and satisfactory condition for public travel. 07 Where the Contractor constructs a detour which is not specifically provided .for. in the Contract Documents or required by the Contract Administrator,the construction of the detour and, if required, the subsequent t-removal shall be performed at-the.Contractors expense.,..The detour shall be constructed and 'maintained to structural"and 'geometric°'standards°.approved by..the Contract Administrator. Removal and site 'restoration. shall�-be-performed as directed .by the Contract Administrator. ' .08 Where, with,the,prior written approval of the Contract Administrator, the.Highway,is closed and the 'traffic diverted entirely-off the Highway-to any'other Highway,the Contractor shall,at-no extra cost,to the Owner,supply,'ertct and maintain-traffic control devices in,accordance with the MUTCD. 09 "Compliance-with•the'foregoing-provisions shall in no*way relieve the Contractor of obligati owunder y: subsection"GC 16:01;,Protection -of'•Work;.,Persons'and`i'Property.' dealing. with >the � ntracboes responsibility for damage claims, except for claims arising on sections of Highway within the Working Area that are being maintained by others. GC 7.07 Access to Properties Adjoining the Work and Interruption -of .Utility Services 01 The Contractor shall provide at all times, and at no extra cost to the Owner, a) adequate pedestrian and vehicular access;and b) continuity of Utility services to properties adjoining the Working Area. 02 The Contractor shall provide at all times and at no extra cost to the Owner access to fire hydrants, and water and gas valves located in the Working Area. .03 Where any interruptions in the supply..of-Utility'services are°required,and:4are authorized by.the Contract Administrator,-the°Contractor'shall give the affected-property'owners!notice in acxordance with subsection'GC 7.11, Notices by the Contractor, and shall arrange such interruptions so as to create a minimum of interference to those affected. GC 7.08 Approvals and Permits .01 ' Except as,specified in subsection GC 4.02.. Approval and Permits,the Contractor shall obtain and pay for any permits, licenses,;and certificates which at the date of tender dosing, are required for the perforrnance of the Work. .02 The Contractor shall arrange for all necessary inspections required by the approvals and permits specified in paragraph GC 7.08.01. ' OPS General Conditions of Contract-September 1 M Pape 31 GC 7.09 Suspension of Work .01 The Contractor shall, upon written notice from the Contract Administrator, discontinue or delay any or all of the Work and work shall not be resumed until the Contract Administrator so directs in writing. Delays, in these circumstances,will be administered according to subsection GC 3.08, Delays. GC 7.10 Contractor's Right to Stop the Work or Terminate the Contract .01 If the Owner is adjudged bankrupt or makes a general assignment for the benefit of creditors because "of insolvency or if a receiver is appointed because of insolvency, the Contractor may, without .r prejudice to any other right or remedy the Contractor may have, by giving the Owner or receiver or trustee in bankruptcy written notice,terminate the Contract .02 If the Work is stopped or otherwise delayed for a period of 30 Days or more under an order of a court or other public authority and provided that such order was not issued as the result of an act or fault of the,Contractor or of anyone directly employed or engaged by the Contractor,tthe Contractor may, out prejudice to any other right or remedy the Contractor may have, by giving the Owner written notice,terminate the Contract. .03 The Contractor may notify the Owner in writing, with a copy to the Contract Administrator, that the Owner is in default of contractual obligations if, a) the Contract Administrator fails to issue certificates in accordance with the provisions of Section GC 8.0, Measurement and Payment; b) the Owner fails to pay the Contractor, within 30 Days of the due dates identified in clause GC 8.02.03, Certification and Payment, the amounts certified by the Contract Administrator or within , 30 Days of an award by an arbitrator or court;or c) the Owner violates the requirements of the Contract .04 The Contractor's written notice to the Owner shall advise that if the default is not corrected in the 7 Days immediately following the receipt of the written notice the Contractor may, without prejudice to any other right or remedy the Contractor may have,stop the Work or terminate the Contract .05 if the Contractor terminates the Contract under the conditions set out in this subsection the Contractor shall be entitled to be paid for all work performed according to the Contract Documents and n for any losses or damage as the Contractor-may sustain as a result of the termination of the GC 7A 1 ,- Notices by the Contractor .01. Before work is carried out which may affect the property or operations of any Ministry or agency of government or any person, company, partnership-or corporation, including a municipal corporation or any board or commission thereof, and in addition to such notices of the commencement of specified , operations as are prescribed elsewhere in the Contract Documents, the Contractor shall give at least 48 hours advance written notice of the date of commencement of such work to the person, company, partnership, corporation, board,or commission so affected. .02 In the case of damage to, or interference with any utilities, pole lines, pipe lines, conduits, farm tiles, or other public or privately owned works or property, the Contractor shall immediately notify the Owner and the Contract Administrator of the location and details of such damage or interference. Pape 32 OPS General CWWWOn of Contrad-SGPMMbW 1999 GC 7.12 Obstructions .01 Except as otherwise noted in these General Conditions, the Contractor assumes all the risks and responsibilities arising out of any obstruction encountered in the performance of the Work and any traffic conditions, including traffic conditions on any Highway or road giving access to the Working Area caused by such obstructions, and the Contractor shall not make any claim against the Owner for any loss, damage or expense occasioned thereby. .02 Where the obstruction is z Utility or other man-made object, the Contractor shall not be.required to,:,.... assume the risks=and responsibilities arising out of such obstruction, unless the location of the, obstruction is shown on the plans or described in the specifications and the location.so shown is within the tolerance specified in paragraph GC 2.01.01 a), or unless the presence and location of the obstruction has otherwise been made known to the Contractor or could have been determined by the visual site investigation made by the Contractor in accordance with these General Conditions. 03 During the course of the Contract, it is-the.Contractorst responsibility;to,.,consulti-:with UU14 companies or other appropriate authorities for further.information-in•regard,to,the exadlocation.of these Utilities, to exercise the necessary care in construction=operations,--and 4oIake-such er.precautions as are necessary to safeguard the Utility from damage. GC 7.13 Limitations of Operations .01 Except for such work as may'be,required by the Contract Administratorto'Maintain the Work in a safe and satisfactory condition,, the Contractor shall not carry on operations under the_Contract:on Sundays without permission in writing from the Contract Administrator. .02 The Contractor shall cooperate with other Contractors, Utility companies and the Owner and they shall be allowed access to their work or plant at all reasonable times. GC 7.14 Cleaning Up Before Acceptance .01 Upon attaining Substantial Performance of the Work, the Contractor shall remove surpiusvmaterials, tools,construction.machinery and equipment not required for the performance of the.remaining Work..,. The Contractor,shall;also remove all temporary works and debris other than that caused-by.:the Owner, or,others and leave the Work and Working Area dean and suitable for occupancy by the Owner unless otherwise specified. 02 The Work shall not be deemed to have reached Completion°tmtil the 0ontractor-has removed surplus materials, tools, construction machinery�and:`equipment.= The Contractor shall also.have removed debris,other than that caused by the Owner,or_others. GC 7.15 Warranty .01 The Contractor shall be responsible for the proper performance of the Work only to the extent that the design and specifications permit such performance. •.02 Subject to the previous'paragraph-the Contractor shall correct promptly, at no additional cost:to the Owner,defects or deficiencies in the Work which appear, a) prior to and during the period of 12 months from the date of Substantial Performance of the Work, as set out in the.Certificate of Substantial Performance of the Work, b) where the work is completed after the date of Substantial Performance, 12 months after Completion of the Work, c) where there is no Certificate of Substantial Performance, 12 months from the date of Completion of the Work as set out in the Completion Certificate,or OPS General OwwRiona of comact-September 1 M Ppe 33 d such longer periods as may be specified for certain Materials or some of the Work. 9 P Y Pe The Contract Administrator will promptly give the Contractor written notice of observed defects or deficiencies. .03 The Contractor shall correct or pay for damage resulting from corrections made under the requirements of paragraph GC 7.15.02. ik _ r z _p 34 OPS Genml C,onditfm of CoMnCt-Swtnibw 1999 SECTION GC 8.0-MEASUREMENT AND PAYMENT GC 8.01 Measurement ' GC 8.01.01 Quantities .01 The Contract Administrator will make an estimate once a month, in writing, of the quantity of Work performed. The first estimate will be the quantity of Work performed since the Contractor commenced the Contract,'and every,subsequent estimate; except the final one,will be of the.,quantity ' of Work performed since the preceding estimate was made. The Contract Administrator will provide. the copy of each estimate to the Contractor within 10 Days of the Cut-Off Date. '.02 ' Such 'quantities for progress'payments- shall be construed and held to approximate.--The final quantities forthe issuance of the Completion Certificate shall be based on the measurement of Work completed. ' .03 Measurement of the-quantities,of the Work performed will be either-,.by-Actual:Measurement or by Plan'Quantity principles as indicated yin,the,ContracC.�°Adjustments..WPlarrQuantity measurements will'normally be made'using Plan,Quantity;principles but may,-where-,appropriate, be made using Actual Measurements. Those`items identified on°the'Tenderby the notation (P) in'the_unit column r shall°be paid acxording•to the'Plan,Quantity. Items where the notation (P) does not oocur shall be paid according to Actual Measurement. - GC 8.01.02 Variations in Tender Quantities .01 Where it-appears that the quantity of Work to be done-and/or,Material,to be-.supplied by the Contractor under a unit price tender item will exceed or be less than the tender quantity, the Contractor shall proceed to do the Work and/or supply the Material required to complete the tender item and payment will be made for the actual amount of Work done and/or.Material supplied.at the unit prices stated in theTender except as provided below. r e)1n of'a Major Item where the quantity of Work performed and/or Material,supplied by the Contracmrrexceeds,the-tender quantity by more than 15%, either.party to the Contract may make a`written request to the other party to-negotiate a revised unit price for that portion of the Work performed and/or`Material supplied which exceeds 115% of the'tender quantity:'The negotiation shall be carried out as soon as reasonably possible. Any revision of the unit price shall be based on the reasonable cost of doing the Work and/or supplying the Material under the tender item plus ' 'a reasonable allowance for profit and applicable overhead. b)'In the case of a Major Item where the`quantityvf'Work-performed and/orMaterial supplied by the Contractor is less than 85% of the tender`quantity, the Contractor may:make a written request to negotiate for the portion of the actual?overheads,and.fixed;costs:applicable;to the amount of.the underrun in excess of 15%of the tender quantity.- For purposes,of;the,negotiation,.the.overheads., and fixed costs applicable to the item are'deemed to,have been prorated uniformly over 100%.of the tender quantity for the item. Overhead costs shall be confirmed by a statement certified by the Contractor's senior financial officer or auditor and may be audited by the Owner. Alternatively, where•both'parties,agree;an allowance`equal to'10% of-the unit price on the amount of the underrun in excess of 15%of the tender quantity will be paid. Written requests for compensation must be received no later than 60 Days after the issuance of the Completion Certificate. GC 8.02 Payment GC 8.02.01 Price for Work .01 Prices for the Work shall be full compensation for all labour, Equipment and Material required in its performance. The tern "all labour, Equipment and Material" shall include Hand Tools, supplies and other incidentals. OPS General Cwwklom of Contrad-September 1999 Pape 35 .02 Payment for work not specifically detailed as art of an one item .' Ym pec y p y and without specified details of - payment will be deemed to be included in the items with which it is associated. GC 8.02.02 Advance Payments for Material .01 The Owner will make advance payments for Material intended for incorporation in the Work upon the written request of the Contractor and according to the following terms and conditions: a) The Contractor shall, in advance of receipt of the shipment of the Material, arrange for adequate and proper storage facilities and notify the Contract Administrator of their locations. b) The value of aggregates,processed and stockpiled,shall be assessed by the following procedure: i. Sources Other Than Commercial (1)Granular'A', V and'M'shall be assessed at the rate of 60%of the Contract price. (2)Coarse and fine aggregates for hot mix asphaltic concrete, surface treatment and Portland cement concrete shall be assessed at the rate of 25% of the Contract price for each aggregate stockpiled. Commercial Sources Payment for separated coarse and fine aggregates will be considered at,the above rate when such materials are stockpiled at a commercial source where further processing is to be carried out before incorporating such materials into a final product Advance payments for other materials located at a commercial source will not be made. c) Payment for all other materials, unless otherwise specified elsewhere in the Contract, shall be ' based on the invoice price, and the Contractor shall submit proof of cost to the Contract Administrator before payment can be made by the Owner. -° d) The payment for all Materials shall be prorated against the appropriate tender item by paying for sufficient units of the item to cover the value of the material. Such payment shall not exceed 80% of the Contract price for the item. e) All Materials for which the Contractor wishes to receive advance payment shall be placed in the designated storage location immediately upon receipt of the material and shall thenceforth be held by the Contractor in trust for the Owner as collateral security for any monies advanced by the • Owner and for the due completion of the Work The Contractor shall not exercise any act of ownership inconsistent with such security, or remove any Material from the storage locations, except for inclusion in the Work,without the consent,in writing,of the Contract Administrator. r f) Such materials shall remain at the risk of the Contractor who shall be responsible for any loss, damage,theft,improper use or destruction of the material however caused. .02 Where the Owner makes advance payments subject to the conditions listed in paragraph GC 8.02.02.01, such payment shall not constitute acceptance of the Material by the Owner. Acceptance ail only be determined when the material meets the requirements of the appropriate specification. GC 8.02.03' Certification and Payment ' y. GC 8.02:03.01 Progress Payment Certificate .01 The value of the Work performed and Material supplied will be calculated once a month by the Contract Administrator in accordance with the Contract Documents and clause GC 8.01.01, Quantities. .02 The progress Payment Certificate will show, a) the quantities of Work performed; b) the value of Work performed; c),.any advanced payment for Materials; d) the amount of statutory holdback, liens, Owner's set-off, e) the amount of GST as applicable;and f) the amount due the Contractor. Page 36 OPS Gen"Conditions of Contract-September 1999 r . r: .03 One copy of the progress Payment Certificate will be sent to the Contractor. .04 Payment will be made within 30 Days of the Cut-Off Date. GC 8.02.03.02 Certification of Subcontract Completion .01 Before the Work has reached the stage of Substantial Performance, the Contractor may notify the Contract Administrator, in writing that a subcontract is completed satisfactorily and ask that the Contract Administrator certify.the completion of such subcontract .02 The Contract Administrator will issue a Certificate of Subcontract Completion if the subcontract has been completed satisfactorily, and all required.inspection and testing of the works covered by the subcontract have been carried out and the results are satisfactory.. 03 "The`Contract`Administrator will set out in the Certificate of SubcontractL.ompletion the date.on which the subcontract was completed and within'7 Days-of the date:the subcontractbis certified-,complete, the Contract Administrator will give a copy of the certificate to.the Contractorand;to the Subcontractor concerned. GC 8.02.03.03 Subcontract Statutory Holdback Release Certificate.and Payment _01 Following'receipt of the Certificate of"Subcontract.Completion, the.Owner;will .release and pay the Contractor the statutory holdback retained in respect of the.subcontract....Such.release.shail.be made_ > 46 Days:after they date the subcontract;was certifed,complete and:providing,the:Contractorsubmits the following to the Contract Administrator. a) a document satisfactory to the'Contract Administrator that will release the Owner_from all further claims relating to the subcontract, qualified by stated exceptions such as holdback monies; b) evidence satisfactory to the Contract Administrator that the Subcontractor has discharged all liabilities incurred in carrying out the subcontract; c).a satisfactory clearance certificate or letter from the Workplace. Safety,.and Insurance=Board relating to the subcontract;and d) a copy"of-the contract between'.the Contractor and the Subcontractor andasatisfactory statement _ showing the total:amount due.the Subcontractor from the Contractor. .02 Paragraph'GC 8.02.03.03.01 d),will only apply to Lump Sum Items and then only when the Contract Administrator specifically requests it .03 Upon receipt of the statutory holdback,'the Contractor-shall-forthwith.°give:the Subcontractor the payment due under the subcontract. 04 Release of statutory holdback by the Owner in 'respect- of°a-subcontract. shall not relieve the Contractor, or the Contractor's Surety,of any of their responsibilities. GC 8.02.03.04 Certification of Substantial Performance .01 Upon application by the Contractor and where the Contract has been substantially performed the Contract Administrator will issue a Certificate of Substantial Performance. r .02 The Contract Administrator will set out in the Certificate of Substantial Performance the date,on which the Contract-was,substantially-performed and within 7 Days after signing the said certificate the Contract Administrator will provide a copy to the Contractor. 03 Upon receipt of a copy of the Certificate of Substantial Performance,the Contractor shall forthwith, as required by Section 32(1) Paragraph 5 of the Construction Uen Act, R.S.O. 1990, c.C.30, as amended, publish a copy of the certificate in a construction trade newspaper. Such publication shall include placement in the Daily Commercial News. OPS General Cwolom of Contract-September 1999 Pape 37 .04 Where the Contractor fails to publish y p sh a copy of the Certificate of Substantial Performance as required above within 7 Days after receiving a copy of the certificate signed by the Contract Administrator, the Owner may publish a copy of the certificate at the Contractor's expense. .05 Except as otherwise provided for in Section 31 of the Construction Lien Act, the 45-day lien period prior to the release of holdback as referred to in clause GC 8.02.03.05, Substantial Performance Payment and Statutory Holdback Release Payment Certificates, shall commence from the date of publication of the Certificate of Substantial Performance as provided for above. GG-8.02.03.05 Substantial Performance Payment and Substantial Performance Statutory Holdback Release Payment Certificates .01 When the Contract Administrator issues the Certificate of Substantial Performance the Contract Administrator will also issue the Substantial Performance Payment Certificate and the Substantial Performance Statutory Holdback Release Payment Certificate or where appropriate, a combined a ##zyment certificate. .02 die Substantial Performance Payment Certificate will show, �.. . a the value of Work performed to the date of Substantial Performance; b) the value of outstanding or incomplete Work; c) the amount of the statutory holdback, allowing for any previous releases of statutory holdback to ' the Contractor in respect of completed subcontracts and deliveries of pre-selected equipment; d) the amount of maintenance security required;and e) the amount due the Contractor. .03 Payment of the amount certified will be made within 30 Days of the date of issuance of the payment certificate. .04 The Substantial Performance Statutory Holdback Release Payment Certificate will be a ent certificate releasing to the Contractor the statutory holdback due in respect of Work performed up to the date of Substantial Performance. Payment of such statutory holdback shall be due 46 Days after the date of publication of the Certificate of Substantial Performance but subject to the provisions of the Construction Lien Act and the submission by the Contractor of the following documents: a) a release by the Contractor in a form satisfactory to the Contract Administrator releasing the Owner from all further claims relating to the Contract, qualified by stated exceptions such as outstanding work or matters arising out of subsection GC 3.14, Claims, Negotiations, Mediation; b) a statutory declaration in a form satisfactory to the Contract Administrator that all liabilities incurred ` by the Contractor and the Contractor's Subcontractors in carrying out the.Contract have been distharged except for statutory holdbacks properly retained; c) a satisfactory Certificate of Clearance from the Workplace Safety and Insurance Board;and WR proof of publication of the Certificate of Substantial Performance. GC 8.02.03.06 Certification of Completion .LT .01 Upon application by the Contractor, and when the Contract reaches Completion, the Contract Administrator will issue a Completion Certificate. .02 The Contract Administrator will set out in the Completion Certificate the date on which the Work was completed and within 7 Days of signing the said certificate the Contract Administrator will provide a copy to the Contractor. Peps 38 OPS C wwml Condkions of Contract-Septwdw 1999 GC 8.02.03.07 Completion Payment and Completion Statutory Holdback Release ' Payment Certfficates .01 When the Contract Administrator issues the Completion Certificate, the Contract Administrator will ' also issue the Completion Payment Certificate and the Completion Statutory Holdback Release Payment Certificate or where appropriate, a combined payment certificate. .02 The Completion Payment Certificate will show, a) measurement and value of Work at Completion; b) the amount of the further:statutory holdback based on the value of further work.completed over and above the value of work completed shown in the Substantial Performance Payment Certificate ' referred to above; and c) the amount due the Contractor. .03 The Completion Statutory. Holdback Release;.Payment .Certificate.will;.be.-a.payment .certificate releasing to the Contractor the'further`statutory'holdback: 'Payment,of,sucNstatutory holdback shall be due 46 Days after the date of Completiort;oftheMorkas established by.theCompletion.Cer ificate but subject to the provisions of the Construction Lien.Actand;the=subrnission5oy;the Contractor of.the , following documents: 'a) a release by.the Contractor in a form satisfactory to the Contract Administrator releasing the Owner from all further claims relating to the Contract,, qualified by.stated-exceptions where appropriate; b) a statutory declaration in a form satisfactory to the:Contract Administrator that.all liabilities incurred.. by the'Contractor and the Contractor's Subcontractors in.carrying out the .Contract have been discharged,qualified by stated exceptions where appropriate;and c)'a satisfactory Certificate of Clearance from the Workplace Safety and Insurance Board.. GC 8.02.03.08 Interest 01 Interest due the Contractor is based on simple interest and is calculated-using the applicable Rate.of Interest. GC 8.02:03.09 Interest for Late Payment .01 Provided the Contractor has complied with the requirements of the Contract including all documentation requirements,when payment by the Owner to the Contractor for Work performed, or for release of statutory holdback, is delayed by the Owner, then the Contractor shall be entitled to receive interest on the outstanding payment at.the Rate,of^interest lff,paymentfis not received on the dates set out below. a) Progress Payment Certificates: 30 Days'afterthe Cut-Off Date; ' b) Certificate`of,Subcontract Completion:,30 Days"after the:date certified°-as,the date on which.the subcontract was completed; c) Subcontract Statutory Holdback Release Payment Certificate: 76 Days after the date on which the subcontract was completed; d) Substantial Performance Payment Certificate: 30 Days after the date of issuance of the certificate. . e) Substantial Performance Statutory Holdback' Release' Payment Certificate: 76 Days after publication of the Payment Certificate of Substantial Performance; ' f) Completion Payment Certificate: 30 Days after the date certified as the date on which the Contract reached Completion; y g)-Completion Statutory.Holdback Release Payment Certificate:. 76 Days.after the.datp.certified as the date which the Work was completed. .02 If the Contractor has not complied with the requirements of the Contract, including all documentation requirements, prior to expiration of the time periods described in paragraph GC 8.02.03.09.01, Interest will only begin to accrue when the Contractor has completed those requirements. OPS General Conditlons of Contact-September 1999 Page 39 GC 8.02.03.10 Interest for Negotiations and Claims ' .01 Except as hereinafter provided, where a notice of negotiation, notice of intent to claim and the subsequent claims are submitted in accordance with the time limits and/or procedure described by subsection GC 3.14, Claims, Negotiations, Mediation, the Owner will pay the Contractor the Rate of Interest on the amount of the negotiated price for that part of the Work or on the amount of the settled ' claim. Such interest will not commence until 30 Days after the satisfactory completion of that part of the Work. .02 Where the Contractor does not attempt to resolve the negotiation or the claim in an expeditious manner, interest shall be negotiable. .03 Where the Contractor fails to give notice of a claim within the time limit prescribed by subsection GC 4'3.14, Claims, Negotiations, Mediation, interest shall not be paid. t, .04.,dare,a Contractor fails to comply with the 30-day time limit and the procedures prescribed in �i paragraph GC 3.14.03.03 for submission of claims, interest shall not be paid for the delay period. GC 8.02-.03.11 Owner's Set-Off .01 -Pursuant to Section 12 of the Construction Lien Act the Owner may retain from monies owing to the Contractor under this Contract an amount sufficient to cover any outstanding or disputed liabilities ` including e cost to remedy deficiencies,the reduction in value of substandard 9 Y portions of the Work, ciaims for damages by third parties which have not been determined in writing by the Contractor's ` insurer, undetermined claims b the Owner under ' y paragraph GC 8.01.02.01 a), any assessment due the Workplace Safety and Insurance Board and any monies to be paid to the workers In accordance with clause GC 8.02.06, Payment of Workers. r-- .02 `Under these circumstances the Owner will give the Contractor appropriate notice of such action. GC 8.02.03.12 Delay in Payment .01 The Owner shall not be deemed to be in default of the Contract provided any delay in payment does not exceed 30 Days from the due dates as defined in paragraph GC 8.02.03.09.01. GC 8.02.04 Payment on a Time and Material Basis ' GC,8 04.01 Definitions R,�'. ... .01 For the purpose of this clause the following definitions apply: ' Cost of Labour means the amount of wages, salary,travel,travel time,food, lodging or similar items and ' Payroll Burden paid or incurred directly by the Contractor to or in respect of tabour and supervision actively and necessarily engaged on the Work based on the recorded time and hourly rates of pay for such labour and supervision, but shall not include any payment or costs incurred for general supervision, administration of management time spent on the entire Work or any wages, salary or Payroll Burden for which the Contractor is compensated by any payment made by the Owner for Equipment Cost of Material: means the cost of Material purchased, or supplied from stock, and valued at current ' market prices, for the purpose of carrying out Extra Work, by the Contractor, or by others when such arrangements have been made by the Contractor for completing the Work,as shown by itemized invoices. Operated Rented Equipment: means Rented Equipment for which an operator is provided by the supplier of the equipment and for which the rent or lease includes the cost of the operator. -. Pape 40 OPS General conditions of contract-September 1999 Payroll Burden: means the payments in respect of workplace insurance, vacation pay, employment insurance, public liability and property damage insurance, sickness and accident insurance, pension fund and such other welfare and benefit payments forming part of the Contractors normal labour costs. Rented Equipment: means equipment that is rented or leased for the special purpose of Work on a Time and Material Basis from a person, firm or corporation that is not an associate of the lessee as defined by the Securities Act, R.S.O. 1990,c.S.5,as amended, and is approved by the Contract Administrator. Road Work: - means the preparation, construction,,finishing and construction maintenance of:roads,- '' I_r streets; highways and,parking'lotsand includes all work incidental thereto other than.work on structures. Sewer and 'Watermain Work- means the preparation, construction, finishing and .construction maintenance-of sewer systems and watermain systems,and includes all work incidental thereto other than work on structures. Standby Time:"means any�period of-time which'is`not-considered'Working...vn which together with the Working Time does°not exceed�10°hours-In•anyone,Working Day::and.during.which time.a unit of equipment cannot practically be used on otherwork but.inust;remain;oa..the.:sitejmDrder to continue.with its,assigned task°and during which time the unit is in fully°operable condition. Structure-Work: ` means the construction reconstruction, repair,,alteration, remodelling, renovation or ,"demolition of anybridge, building,`tunnel or retaining wall and includes the preparation for and the laying of the foundation of any',bridge, building, tunnel or,retaining wall and theAnstallation of,equipment and appurtenances incidental thereto. The 127 Rate: means the rate for a unit of equipment as listed in,OPSS 127,'Schedule of'Rental Rates for Construction Equipment Including Model and Specification Reference, which is current at the time the work is carried out or for equipment which is not so listed, the rate which has been calculated by the Owner, using the same principles as used in determining The 127 Rates. ..Work,on-a-rime•and Material Basis: means Changes in the.Work,-Extra Work.and.Additional.Work ''approved:by the Contract Administrator°for payment-on a Time and Material basis. The Work.on a,Time iand,Material'>Basts'shall be~subject to alFthe terms; conditions,,Specifications and provisions of e Contract Working Time: means each period of time during which a unit of equipment is.acctively.and of necessity -engaged,on a speeft,operation and the first 2 hours of each.immediately following.period during.which; ' the unit is not so engaged but during which the operation.1s otherwise-proceeding.-and.during,wh ch time the unit cannot practically be transferred to otherwork but must remain on the site in order to continue with. its assigned tasks and during which time the;unit is:in-a fully operable condition..,;y, GC 8.02.04.02 Daily Work Records -.01 Daily`Work Records prepared-as,the case maybe by either the Contractor's representative or the ContractfiAdministrator snd~reporting•the tabour and Equipment employed-and the.Material.used,on each Time.and`Material project, shall be-reconciled and signed each day by both,the Contractor's representative and the Contract Administrator. ' GC 8.02.04.03 Payment for Work .01 Payment as herein provided shall be full compensation for all,labour, Equipment and Material to do the Work on a Time and Material Basis except where there is agreement to the contrary prior to the 'commencement of the Work on a Time and Material Basis. The payment adjustments on a Time and Material basis shall apply to each individual Change Order authorized by the Contract Administrator. OPS General Conditions of Contract-September 1999 Pays 41 GC 8.02.04.04 Payment for Labour .01 The Owner will pay the Contractor for labour employed on each Time and Material project at 135%of ' the Cost of Labour up to $3000, then at 120% of any portion of the Cost of Labour in excess of $3000. .02 The Owner will make payment in respect of Payroll Burden for Work on a Time and Material Basis at ' the Contractor's actual cost of Payroll Burden. .03--�At the Owner's discretion, an audit may be conducted in which case the actual Payroll Burden so determined shall be applied to all Time and Material work on the Contract. GC 8.02.04.05 Payment for Material .01 The Owner will pay the Contractor for Material used on each Time and Material project at 120%of the " 4ost of the Material up to $3000, then at 115% of any portion of the Cost of Material in excess of :$3000. GC 02.04.06 Payment for Equipment 9 _ GC 8.02.04.06.01 Working Time , .01 The Owner will pay the Contractor for the Working Time of all equipment other than Rented Equipment and Operated Rented Equipment used on the Work.on a Time and Material basis at The ' "127 Rates with a cost adjustment as follows: a) Cost$10,000 or less no adjustment; b) Cost greater than $10,000 but not exceeding $20,000-payment$10,000 plus 90% of the portion in excess of$10,000;and c) Cost greater than$20,000-$19,000 plus 80%of the portion in excess of$20,000. .02 The Owner will pay the Contractor for the Working Time of Rented Equipment used on the Work on a T t Time and Material Basis at 110%of the invoice price approved by the Contract Administrator up to a maximum of 1.10% of The 127 Rate. This constraint will be waived when the Contract Administrator approves the invoice price prior to the use of the Rented Equipment .03v 'The Owner will pay the Contractor for the Working Time of Operated Rented Equipment used on the Work on a Time and Material Basis at 110% of the Operated Rented Equipment invoice price approved by the Contract Administrator prior to the use of the equipment on the Work on a.Time and ' ' Material Basis. GC 8.t}T04.06.02 Standby Time .01 The Owner will pay the Contractor for Standby Time of Equipment at 35%of The 127 Rate or 35%of ' the invoice price whichever is appropriate. The Owner will pay reasonable costs for Rented Equipment where this is necessarily retained in the Working Area for extended periods agreed to by Y the Contract Administrator. This will include Rented Equipment intended for use on other work, but has been idled due to the circumstances giving rise to the Work on a Time and Material Basis. .02 In addition, the Owner will include the Cost of Labour of operators or associated labourers who ' cannot be otherwise employed during the standby period or.during the period of idleness caused by the circumstances giving rise to the Work on a Time and Material Basis. .03 The Contract Administrator may require Rented Equipment idled by the circumstances giving rise to , the Work on Time and Material Basis to be returned to the lessor until the work requiring the equipment can be resumed. The Owner will pay such costs as result from such return. i Page 42 OPS General Conditions of Contract-September 1999 .04 When Equipment is transported, solely for the purpose of the Work on a Time and Material Basis, to or from the Working Area on a Time and Material basis, payment will be made by the Owner only in respect of the transporting units. When Equipment is moved under its own power it shall be deemed to be working. The method of moving Equipment and the rates shall be subject to the approval of the ' Contract Administrator. GC 8.02.04.07 Payment for Hand Tools ' 01 Notwithstanding any.other,provision of this;Section,-no.payment shall.be.,made to.the;Contractor for : or in respect of Hand Tools or equipment that are tools of the trade. GC 8.02.04.08 Payment for Work By Subcontractors . 01 Where the Contractor arran es for Woric on a.Time and Material Basis, or-a part.of it,to be performed 9 by Subcontractors-on,,a Time ,and. Material ..basis>:and has_.received.appippyal-i_pdor to the - commencement•Hof.,such..work;An',accordance with thee.nquirements :�ofx�spbsection_.GC..3.10, Subcontracting by the Contractor;the:Owner will pay the-c ost of,Work,on,a;une and4Aaterial Basis by the:Subcontractor calculated-as:if the.Contractor had-done-the Work onA.,Tu and,Material Basis, plus-a markup calculated on the following basis: ' a): 20°k of the first$3,000; plus b) 15%of the amount from$3,000 to$10,000;plus c) 596 of the amount in excess of$10,000. :02 ,,No further marku P,will be applied regardless=of,the extent to.which.the work is.assigned.or sublet to, others. _ If work ivi iWigned:orsublet%to:an;associate,:as.defined.by;the Secti es<Acgt,.no markup..:. , .,.;;, whatsoever will be applied. GC 8.02.04.09 Submission of Invoices ' 01 At the start-of the Work-on a Mme and Material.Basis, the Contractor shall,provide„the.,applicable labour and-Equipment.rates not already-submitted to:the Contract Administrator:during the course of. such work. .02 SeparaW summaries shall be-completed bythe,Contractor according to thestandard form,"Summary•:; . for:Payment•of Accounts on a..Time and Material Basis". . Each summary shall.include,the order, number and covering dates of the work and shall itemize separately labour,Materials and,Equipment. Invoices for Materials,Rented Equipment and other charges incurred by the Contractor on the Work ' on a Time and Material Basis shall be included with-eachsummary.- =-= < -D3 Each month.the.ContractAdministrator will include with the,mgnthly;progress�!aycne�ceftificate, the. ' costs of the Work on a Time and Material Basis incurred during•the preceding month all in .,accordance with the contract administrative,procedures and the Contractor's invoice of the Work-on a Time and Material Basis. ' .04 The final,"Summary-for'Payment of Accounts on a Time and Material Basis"•shall be submitted by the Contractor within 60 Days after the completion of the.Work on a Time and Material Basis. GC 8.02.05 Final Acceptance Certificate .01 After, the .acceptance of .the .Work..the_Contract,:Administrator,will. issue the.Final,-A.cceptanoe Certificate, or, where applicable, after the Warranty Period has .expired. The Final Acceptance Certificate will not be issued until all known deficiencies have been adjusted or corrected,as the case may be,and the Contractor has discharged all obligations under the Contract. OPS General Conditions of contract-September 1999 Pape 43 GC 8.02.06 Payment of Workers .01 The Contractor shall, in addition to any fringe benefits, pay the workers employed on the Work in accordance with the labour conditions set out in the Contract and at intervals of not less than twice a month. .02 The Contractor shall require each Subcontractor doing any part of the Work to pay the workers ' employed by the Subcontractor on the Work in accordance with paragraph GC 8.02.06.01. .03 Where any person employed by the Contractor or any Subcontractor or other person on the Work is ' paid less than the amount required to be paid under the Contract, the Owner may set off monies in accordance with clause GC 8.02.03.11, Owner's Set-Off. GC 8.02.07 Records ' .01 The Contractor shall maintain and keep accurate Records relating to the Work, Changes in the Work, Extra Work and claims arising therefrom. Such Records shall be of sufficient detail to support the ' total cost of the Work, Changes in the Work, and Extra Work. The Contractor shall preserve all such Al-original Records until 12 months after the Final Acceptance Certificate is issued or until all claims have been settled, whichever is longer. The Contractor shall require that Subcontractors employed by the Contractor preserve all original Records pertaining to the Work, Changes in the Work, Extra ' Work and claims arising therefrom for a similar period of time. .02 If, in the opinion of the Contract Administrator, Daily Work Records are required, such records shall report the labour and Equipment employed and the Material used on any specific portion of the Work. The Daily Work Records shall be reconciled with and signed by the Contractor's representative each day. .03 The Owner may inspect and audit the Contractor's Records relating to the Work, Extra Work and Changes in the Work at any time during the period of the Contract. The Contractor shall supply certified copies of any part of its Records required whenever requested by the Owner. GC 8.02.08 Taxes and Duties ' .01 Where a change in Canadian Federal or Provincial taxes occurs after the date of tender dosing for ' this Contract, and this change could not have been anticipated at the time of bidding, the Owner will increase or decrease Contract payments to account for the exact amount of tax change involved. .02 Claims for compensation for additional tax cost shall be submitted by the Contractor to the Contract , Administrator on forms provided by the Contract Administrator to the Contractor. Such claims for additional tax costs shall be submitted not less than 30 Days after the date of Final Acceptance. .03 Where the Contractor benefits from a change in Canadian Federal or Provincial taxes, the Contractor shall submit to the Contract Administrator, on forms provided by the Contract Administrator, a statement of such benefits. This statement shall be submitted not later than 30 Days after Final Acceptance. , .04 Changes in Canadian Federal or Provincial taxes which impact upon commodities,which when left in place form part of the finished Work, or the provision of services,where such services form part of the Work and where the manufacture or supply of such commodities or the provision of such services Is carried out by the Contractor or a Subcontractor, are subject to a claim or benefit as detailed above. Services in the latter context means the supply and operation of equipment, the provision of labour and the supply of commodities,which do not form part of the Work. Page 44 OPS General Conditions of Contract-September 1999 GC 8.02.09 Liquidated Damages ' .01 When liquidated damages are specified in the Contract and the Contractor fails to complete the Work in accordance with the Contract, the Contractor shall pay such amounts as are specified in the Contract Documents. OPS General Conditions of contract-September 1999 Page 45 •