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HomeMy WebLinkAbout2002-164 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2002- 164 Being a By-law to authorize a contract between the Corporation of the Municipality of Clarington and Ron Robinson Limited, Bowmanville, Ontario, to enter into agreement for the Storm Sewer Construction Old Scugog Road, Hampton and Storm Sewer Repairs various locations. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS FOLLOWS: 1. THAT the Mayor and Clerk are hereby authorized to execute, on behalf of the Corporation of the Municipality of Clarington with the Corporation Seal, a contract between, Ron Robinson Limited, Bowmanville, 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 28t8ay of Oct"M02 U 28th October By-law read a third time and finally passed this day of , 2 02. John on, Mayor tti L arrie, nicipal Clerk �3A • Leading the Way MEMO TO: Marie P. Knight Stanley, Deputy Clerk FROM: Lou Ann Birkett, C.P.P., A.M.C.T., Purchasing Manager DATE: Tuesday, 01 April 2003 RE: CL2002-27 GREEN ROAD STORM SEWER CONSTRUCTION Please find enclosed one (1) fully executed contract document for each of the above noted tenders. Thank you, Lou Ann Birkett LAB/km CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1 3A6 T(905)623-3379 F (905)623-4169 Clarinaton Leading the Way Municipality of Clarington -- EXECUTED CONTRACT UH ■ engineers architects planners 1 1 i 1 CORPORATION OF THE MUNICIPALITY OF CLARINGTON rGREEN ROAD STORM SEWER CONSTRUCTION CONTRACT NO. CL2002-27 1 1 SEPTEMBER 2002 1 i 1 1 1 Tm 1 ■ engineers architects planners i TSH No. 12 29144 1 1 ' AGREEMENT 1 THIS AGREEMENT made in quadruplicate this 17th day of February, 2003 ' BETWEEN: JOHN BIANCHI GRADING LIMITED ' of the Regional Municipality of Peel 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 the work as described hereafter, furnish all the materials except as herein otherwise specified, and to complete such works in strict accordance with the plans, specifications and tender therefore, all of which are to be read herewith and form part of this present agreement as fully and completely to all intents and purposes as though all the stipulations thereof have been embodied herein. ' Page 1 of 3 ' DESCRIPTION OF THE WORK AND LIST OF DOCUMENTS Contract No. CL2002-27, Green Road Storm Sewer Construction. ' ADDENDUM NO. 1 - dated October 28, 2002 ADDENDUM NO. 2 -dated November 11, 2002 ADDENDUM NO. 3 - dated November 12, 2002 ADDENDUM NO. 4 - dated November 14, 2002 A. TENDER FORM: General Pages 1 and 2 Itemized Bid Pages 3 and 4 Agreement to Bond Page 5 ' Schedule of Tender Data Page 6 B. STANDARD TERMS AND CONDITIONS C. INSTRUCTIONS TO TENDERERS Pages 1 to 5 D. SPECIAL PROVISIONS - GENERAL Pages 1 to 15 ' E. SPECIAL PROVISIONS - TENDER ITEMS Pages 1 to 4 F. STANDARDS ' G. PLANS: Drawings No. 1 - 3 and STM-001 and STM-002 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 410 Apr. 1999 511 Nov. 2001 128 Current 416 Feb. 1990 570 Aug. 1990 314 Dec. 1993 506 Nov. 2001 572 Nov. 2001 407 Nov. 2001 510 Oct. 1993 577 Feb. 1996 I. GEOTECHNICAL INVESTIGATION (Borehole Logs) J. GENERAL CONDITIONS: OPS General Conditions of Contract (September 1999) ' All Plans and Documents referred to in the Specifications. The Contractor further agrees that he will deliver the whole of the works completed in accordance with this agreement on or before Friday, June 27, 2003. ' 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 r ' IN WITNESS WHEREOF, the Contractor and the Purchaser have hereunto signed their ' names and set their seals on the day first above written. r SIGNED and sealed by the Contractor r 1 ) in the presence of ) 1 ) 1 ' SIGNED and sealed by the Purchaser 1 ) in the presence of ) 1 1 ' P:29144/Specs/Signi"Dms-Agr.dm 1 1 ' Page 3 of 3 CONTRACT NO. CL2002-27 MUNICIPALITY OF CLARINGTON i of 1 ' GREEN ROAD STORM SEWER CONSTRUCTION ADDENDUM NO. 1 ' Contractors are hereby advised of the following modification to Contract No. CL2002-27: INSTRUCTIONS TO TENDERERS Clause No. 1 -GENERAL ' Closing date has been changed. Sealed tenders will now be received until: ' 2:00:00 P.M., LOCAL TIME, FRIDAY, NOVEMBER 15,2002. 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 ' October 28, 20M P:/12-29144/Specs/19357-ADD l.doe ' CONTRACT NO. CL2002-27 MUNICIPALITY OF CLARINGTON 1 of 2 ' GREEN ROAD STORM SEWER CONSTRUCTION ' ADDENDUM NO. 2 ' Contractors are hereby advised of the following modifications to Contract No. CL2002-27: ' ITEMIZED BID Item No. 4, Page 3 ' Description of Item No. 4 has been changed as per the attached copy of Page No. 3. ' Item No. 17, Page 4 Item No. 17 is deleted from the Itemized Bid. SPECIAL PROVISIONS-TENDER ITEMS Page 1 STORM SEWERS-ITEM NOS. 1-3 AND 23 ' Changes have been made as per the attached revised copy of Page 1. Page 1 STORM SEWER WITH LINER BY JACK AND BORE-ITEM NO. 4 ' Changes have been made as per the attached revised copy of Page 1. Page 4 REMOVE HEADWALL FROM 1200 mm DIA. PIPE SEWER-ITEM NO. 17 Item No. 17 is deleted from the contract. Page 4 CONSTRUCT CHANNEL OUTLET-ITEM NO. 22 ' Add the following sentences: • Surplus excavated material from channel construction operations shall be disposed of with the development lands adjacent to the new channel. For further details on this, the Contractor is asked to contact the Kaitlin Group, Mr. Kelvin Whalen at 416-495-7050. ' • Remove, salvage and reconstruct barricade in original location. ' Attached revised s pages shall be bound into the documents and the existing pages destroyed. iOne set of revised drawings is also attached. Tender drawings already in your possession shall be discarded. ' CONTRACT NO.CL2002-27 MUNICIPALITY OF CLARINGTON 2 of 2 ' GREEN ROAD STORM SEWER CONSTRUCTION ADDENDUM NO. 2 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 ' November 11, 2002 P:/12-29144/Specs/19375-ADD2.doc PAGE ONE SPECIAL PROVISIONS — TENDER ITEMS ' CONTRACT NO. CL2002-27 ' STORM SEWERS -ITEM NOS. 1 -3 AND 23 Under these Items and for the unit price bid, the Contractor shall supply all materials including pipe of the required type, size and class, other fittings, sand material for cover and crusher run limestone for bedding. ' Backfill shall be native material and shall be placed and compacted to match existing ground. Embedment for PVC pipe shall be crusher run limestone. The soils report results support a classification of Type 3 for soils for the purposes of selecting Class `B' bedding. ' The unit prices bid shall include for the following work where appropriate: • Removal and disposal of brush where encountered and boulder at Maintenance Hole No. 4 off the site of ' the works. • Protection of tree branches when installing 1050 mm dia. Sewer south of Maintenance No. 50 and at Sta. 1+927 approximately. • Maintenance of storm flows. • Remove, salvage and reinstate barricade on Aspen Springs Drive in original location. Restoration of asphalt areas in H1-3 to match existing depth with granular base to match existing. • Restoration of disturbed vegetated areas with 100 nun of topsoil and seed. • Restoration of travelled path(laneway) in native earth material to match existing width. • Protection of Hydro poles which are close to trenching operations. ' • Excavation of swale on approaches to ditch inlet No. 7 and restoration with 100 mm of topsoil and seed. • Remove and reinstate wire fence with 300 mm Dia. and 1350 mm Dia. storm sewer installation. • Cost to supply and lay approximately 28 m of 1200 mm Dia. radius pipe. ' • Remove curb and gutter, dispose of rubble and reinstate curb and gutter from MH No. 50 to west limits of asphalt. STORM SEWER INSTALLATION BY JACK AND BORE-ITEM NO. 4 ' Payment shall be made under this item for the supply of all equipment and materials to install 1050 mm dia. pipe by Jack and Bore method with uncoated 1473 mm dia. steel liner. All in accordance with standard drawing TSH - 1. • Carrier pipe shall be reinforced concrete Class 50-D,jacking quality. . Hydraulically operated jacks shall be sufficient to ensure uniform and smooth advancement of carrier ' pipe and liner. • A jacking head shall be used to transfer pressure uniformly over the entire end bearing areas of the pipe. . Two or more lubricated rails or sill of sufficient length shall be supplied and placed in jacking pit to fully support pipe at specified line and grade. ' . Pipe joints shall be protected from crushing by placing 20 nun thick plywood on spigot shoulder. Cut plywood to form ring with outer surface conforming to our circumference of pipe. . Dispose of excavated material which is surplus to backfill requirements on the project. ' . Timber blocking and grouting shall be as specified on Standard No. TSH - 1. Installation may be carried out by either pushing a pipe forward while excavating with a boring machine or manually inside the pipe. Where difficult jacking is expected, grout holes shall be provided in the pipe and bentonite kept available as lubricant. The Contractor shall note the proximity of a hydro pole to the upstream pit. ' ITEMIZED BID CONTRACT NO. CL2002-27 ' In accordance with the first paragraph of this Tender, the Contractor hereby offers to complete the work specified for Contract No. CL2002-27 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 1 410 300 mm Dia. PVC SDR 35 Storm m 24.3 SP Sewer, Including Excavation Embedment and Native Backfill 2 410 1050 nun Dia. CP Storm Sewer, in 210 ' SP Class 50-D Incl. Excavation, Class 'B' Bedding and Native Backfill. 3 410 1200 mm dia. CP Storm Sewer, m 91 ' SP Class 50-D, Incl. Excavation Class "B" Bedding and Native Backfill. ' 4 416 1050 mm Dia. CP Storm Sewer, m 36 SP Class 50-D (Jacking Quality), with 1473 mm Dia. Uncoated Steel Liner by Jack and Bore Method. 5 506,410 Construct Entrance and Exit Pits. LS ' SP 6 407 1800 mm Dia. Pre-cast ea 1 SP Maintenance Hole. (OPSD ' 701.012) 7 407 2400 mm Dia. Pre-cast ea 2 SP Maintenance Hole. (OPSD 701.013) 8 407 1680 mm x 2440 mm Pre-cast ea 1 SP Maintenance Hole. ' 9 407 600 mm x 600 mm Precast ea 1 SP Concrete Ditch Inlet(OPSD 705.030) ' 10 410 Connect 1050 mm Dia. Pipe to LS 407 Existing Manhole. ' SP 11 410 Connect Existing 450 mm Dia. Pipe LS SP to new 1050 mm Dia. Pipe. 12 410 Connect Existing 300 nun Dia. Pipe LS SP to new 1050 mm Dia. Pipe. 13 510 Remove and Dispose of 450 mm in 3 ' SP Dia. Pipe. 14 510 Remove and Salvage 1200 mm Dia. m 36 SP ICSP. 15 510 Remove and Dispose of Rip Rap in LS SP Existing Channel. ' Page 3 of 6 pages APPROVED CASING SPACERS OR HARDWOOD TIMBER BLOCKING LOCATION OF GROUT HOLES •. �;'ia:`';;..,, ON ADJACENT LINER RING — = SEE NOTE 1 FOR GROUT HOLES `' °,a . STEEL PLATE LINER 1 \ •'",'� STORM SEWER PIPE ANNULUS TO BE GROUTED 1:5 CEMENT/SAND MIX 1 zo GROUT HOLES _ a•aa .es a.a i ,. :. .v PIPE TO BE TEMPORARILY SUPPORTED 0.25 SPAN POINTS OF EACH PIPE LENGTH .::.�.".. "` •' 20 MPa CONCRETE BASE 1 1 NOTES: 1. GROUT TO BE INJECTED INTO THE LOWER GROUT HOLE UNTIL GROUT EMERGES FROM ' THE UPPER HOLE. 2. OUTSIDE OF LINER PLATE TO BE GROUTED TO RESISTANCE WITH 1:5 CEMENT / SAND GROUT AT THE END OF EACH WORKING DAY 3. GROUT HOLES TO BE SECURELY PLUGGED AFTER GROUT INJECTION. ' 4. APPROVED CASING SPACERS SHALL BE USED AND INSTALLED AS PER THE MANUFACTURERS RECOMMENDED PROCEDURE. 5. CASING PIPE TO BE UNCOATED STEEL, WITH AN I.D. OF 1473mm & A THICKNESS OF 20.62mm. 6. CARRIER PIPE TO BE JACKING QUALITY REINFORCED CONCRETE, CLASS 50 — D WITH AN I.D. OF 1050mm. ALL DIMENSIONS IN MILLIMETERS EXCEPT WHERE NOTED. SECTION THROUGH CASING DATE: NOV. 7, 2002 AND CARRIER PIPE TSH - 1 CONTRACT NO. CL2002-27 MUNICIPALITY OF CLARINGTON 1 of 1 GREEN ROAD STORM SEWER CONSTRUCTION rADDENDUM NO. 3 Contractors are hereby advised of the following modification to Contract No. CL2002-27: ITEMIZED BID Item No. 3 Page 3 Quantity of 1200 mm Dia. Concrete Pipe, Class 50-D shall read 102 m and not 91 m. Item No. 23, Page 4 Quantity of 1350 nun Dia. Concrete Pipe, Class 65-D shall read 190.5 m and not 210.5 m. r r All tenders must be submitted on the basis of this modification. r This addendum shall remain attached to and form part of all tenders submitted. r r jTSH Engineer, Architects, Planners 513 Division Street Cobourg, Ontario K9A 5G6 November 12, 2002 P:/12-29144/Specs/19357-ADD3.doc 1 r r ' CONTRACT NO. CL2002-27 MUNICIPALITY OF CLARINGTON 1 of 1 GREEN ROAD STORM SEWER CONSTRUCTION rADDENDUM NO. 4 Contractors are hereby dvised of - y the following modification to Contract No. CL2002 27: ITEMIZED BID Add an additional Item No. 4 (a) after Item No. 4 4 (a) 416 Credit on Item No. 4 for LS SP Installation of 1050 mm Pie Without Liner. SPECIAL PROVISIONS-TENDER ITEMS Credit on Item No. 4-Item No. 4 (a) The value of this Item shall be the cost saving to the Owner if the 1050 mm Dia. pipe under Item No. 4 is installed without a liner. The amount under this Item shall be carried across to the "Total" column and shall be deducted from the bid. CP Rail has the final decision on whether a liner is required or not. The Contractor shall note that the specified diameter of 1473 mm is internal dimension and not outside diameter. 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 November 14, 2002 P:/12-29144/Specs/19357-ADD4.doe PROJECT: TENDER FOR CONTRACT NO. CL2002-27 GREEN ROAD STORM SEWER CONSTRUCTION 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: John Bianchi Grading Limited Name 69 Healey Road BOLTON, Ontario L7E 5A6 Address (include Postal Code) Telephone: 905-951-2650 Fax: 905-951-2113 Telephone and Fax Numbers Bernie Bianchi Name of Person Signing Vice-President Position of Person Signing TENDERS RECEIVED BY: Mrs. Patti Barrie, Clerk Corporation of the Municipality of Clarington ' 40 Temperance Street BOWMANVILLE, Ontario. L1C 3A6 P\29144\Specs\19208-Signingdocs.doc iPage 1 of 6 pages ' TENDER CONTRACT NO. CL2002-27 To: The Mayor and Members of Council Corporation of the Municipality of Clarington Re: Contract No. CL2002-27 Green Road Storm Sewer Construction ' 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. 1 Page 2 of 6 pages ITEMIZED BID CONTRACT NO. CL2002-27 1 In accordance with the first paragraph of this Tender, the Contractor hereby offers to complete the work specified for Contract No. CL2002-27 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 IC r 3`i en 1 410 300 mm Dia. PVC SDR 35 Storm in 24.3 152.58 3,707.69 ' SP Sewer, Including Excavation Embedment and Native Backfill 2 410 1050 mm Dia. CP Storm Sewer, in 210 498.16 104,613.60 ' SP Class 50-D Incl. Excavation, Class 'B' Bedding and Native Backfill. 3 410 1200 mm dia. CP Storm Sewer, in 102 532.93 54,358.86 ' SP Class 50-D, Incl. Excavation Class "B" Bedding and Native Backfill. 4 416 1050 mm Dia. CP Storm Sewer, in 36 3,213.74 115,694.64 ' SP Class 50-D (Jacking Quality), with 1473 mm Dia. Uncoated Steel Liner by Jack and Bore Method. 44-6 (a) Credit e r«,,... No. n F L-9 .l- -46,890.09 46-800-98 Sg ifistallation of 1050 fffin P4 Sw tl out binef 5 506,410 Construct Entrance and Exit Pits. LS 1 8,873.04 8,873.04 SP ' 6 407 1800 mm Dia. Pre-cast ea 1 5,508.38 5,508.38 SP Maintenance Hole. (OPSD 701.012) ' 7 407 2400 mm Dia. Pre-cast ea 2 9,421.11 18,842.22 SP Maintenance Hole. (OPSD 701.013) ' 8 407 1680 mm x 2440 mm Pre-cast ea 1 8,654.33 8,654.33 SP Maintenance Hole. 9 407 600 mm x 600 mm Precast ea 1 1,433.83 1,433.83 ' SP Concrete Ditch Inlet (OPSD 705.030) 10 410 Connect 1050 mm Dia. Pipe to LS 1 1,218.87 1,218.87 407 Existing Manhole. SP 11 410 Connect Existing 450 mm Dia. Pipe LS 1 678.88 678.88 ' SP to new 1050 mm Dia. Pipe. 12 410 Connect Existing 300 mm Dia. Pipe LS 1 678.88 678.88 ' SP Ito new 1050 mm Dia. Pipe. 13 510 Remove and Dispose of 450 mm in 3 113.74 341.22 SP Dia. Pipe. ' 14 510 Remove and Salvage 1200 mm Dia. in 36 32.85 1,182.60 SP CSP. tPage 3 of 6 pages ' ITEMIZED BID CONTRACT NO. CL2002-27 ' In accordance with the first paragraph of this Tender, the Contractor hereby offers to complete the work specified for Contract No. CL2002-27 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 t3/ © IN= 3s' C�?� . 15 510 Remove and Dispose of Rip Rap in LS 1 2,762.14 2,762.14 ' SP Existing Channel. 16 506 Backfill Channel with Surplus LS 1 4,112.31 4,112.31 SP Material from Storm Sewer Installation. Tr §-W De..-...ye 14e-Admeal ftem 1200 .., L-9 Deleted SR Dia. GSP Pipe and D* 18 570 Topsoil and Seed Regraded Channel m2 2,200 1.14 2,508.00 572 Area SP ' 19 506, 314 Gravel Parking t 350 13.59 4,756.50 SP 20 577 Provisional Item in 20 16.83 336.60 ' Light Duty Silt Fence 21 577 ProvisionalItem ea 1 382.28 382.28 ' Rock Flow Checks 22 506, 570 Construct Channel Outlet LS 1 120,557.83 120,557.83 511, 572 ' SP 23 410 1350 mm Dia. CP Storm Sewer, in 190.5 626.76 119,397.78 SP Class 65-D, incl. Excavation, Class ' 'B' Bedding and Native Backfill, (MH No. 4 - MH No. 6) 24 407 1680 mm x 2440 mm Pre-cast SP Maintenance Hole a) Structure No. 5 LS 1 9,310.91 9,310.91 ' b) Structure No. 6 LS 1 8,675.52 8,675.52 ' Total Option WLOteffts �,moo �n'nno 1 n GST- item_ of Total) 29, 08.19 019 al . r y. E n Total Option 'B' (Items No. 1-21, 23 and 24) (excluding GST) 478,029.08 ' GST (7% of Total) 33,462.04 N ' Tenderer's GST Registration No. 102682952 ' P:112-29144\Specs\[19208-itcmbid-signdocs.xls[Itemized Bid Page 4 of 6 pages AGREEMENT TO BOND (to be completed by Bonding Company) CONTRACT NO. CL2002-27 Bond No. SB1231-42 WE, the Undersigned, HEREBY AGREE to become bound as Surety for JOHN BIANCHI GRADING LIMITED 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.CL2002-27 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 Vaughan this 13th day of November 2002 Northern Indemnity Inc. ' Name of Bonding Company Irene Vieira (BONDING COMPANY SEAL) Signature of Authorized Person Signing for Bonding Company Irene Vieira 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. CL2002-27 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 and 4 Agreement to Bond Page 5 ' Schedule of Tender Data Page 6 B. STANDARD TERMS AND CONDITIONS C. INSTRUCTIONS TO TENDERERS Pages 1 to 5 D. SPECIAL PROVISIONS - GENERAL Pages 1 to 15 ' E. SPECIAL PROVISIONS - TENDER ITEMS Pages 1 to 4 F. STANDARDS G. PLANS: Drawings No. 1 — 3 and STM-001 and STM-002 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 410 Apr. 1999 511 Nov. 2001 128 Current 416 Feb. 1990 570 Aug. 1990 314 Dec. 1993 506 Nov. 2001 572 Nov. 2001 407 Nov. 2001 510 Oct. 1993 577 Feb. 1996 I. GEOTECHNICAL INVESTIGATION (Borehole Logs) J. GENERAL CONDITIONS: OPS General Conditions of Contract (September 1999) ' The Contractor, by this Tender, offers to complete the work of this Contract in strict accordance with the terms contained herein. The bidder certifies that it has met all of its obligations to comply with the Provincial Retail Sales Tax ' requirements, so that it is able to do business in Ontario. Yes X No By my/our signature hereunder, I/we hereby identify this as the Schedule of Tender Data, Plans and Specifications, for Contract No. CL2002-27, executed by me/us bearing date the 15 day of November, 2002 and we have fully read all related documents to tender data as listed above. SIGNATURE POSITION Vice-President (COMPANY SEAL) NAME OF FIRM John Bianchi Grading Limited ' This is Page 6 of 6 Pages to be submitted as the Tender Submission for Contract No. CL2002-27. CORPORATION OF THE MUNICIPALITY OF CLARINGTON CONTRACT NO. CL2002-27 ISTANDARD TERMS AND CONDITIONS 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. ' 0 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. ' 0 Clause 26 of the"Standard Terms and Conditions"shall be superceded by Clause 18, "Workplace Hazardous Materials Information System (WHMIS)". P:29144/specs/19208-terms-noc.dce i STANDARD TERMS AND CONDITIONS DEFINITIONS Municipality-The Corporation of the Municipality of Clarington, its successors and assigns. ' Bidder-The person, firm or corporation submitting a bid to the Municipality. Company - The person, contractor, firm or corporation to whom the Municipality has awarded the ' contract, it successors and assigns. Contract - The purchase order authorizing the company to perform the work, purchase order alterations, the document and addenda,the bid, and surety. Subcontractor-A person,firm or corporation having a contract with the company for, or any part of, the work. ' Document - The document(s) issued by the Municipality in response to which bids are invited to perform the work in accordance with the specifications contained in the document. ' Bid-An offer by a Bidder in response to the document issued by the Municipality. Work -All labour, materials, products, articles, fixtures, services, supplies, and acts required to be ' done,fumished or performed by the company,which are subject to the Contract. ' 2. SUBMISSION OF BID Bid invitation shall be in accordance with the Municipality of Clarington Purchasing By-law#94-129 and will apply for the calling, receiving, and opening of bids. The Municipality will be responsible for ' evaluating bids, awarding and administering the contract in accordance with the Purchasing By-law. The bid must be submitted on the form(s) and in the envelope supplied by the Municipality unless ' otherwise provided herein. The envelope must not be covered by any outside wrappings, i.e. courier envelopes or other coverings. The bid must be signed by a designated signing officer of the Bidder. ' If a joint bid is submitted, it must be signed on behalf of each of the Bidders. ' The bid must be legible, written in ink, or typewritten. Any form of erasure, strikeout or over-writing must be initialled by the Bidder's authorized signing officer. The bid must not be restricted by a covering letter, a statement added, or by alterations to the ' document unless 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. i CONDITIONS continued STANDARD TERMS AND ON (continued) ' 3. CONTRACT The contract consists of the documents aforementioned. The contract and portions thereof take precedence in the order in which they are named above, 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 thereof. Work shall be subject to further inspection and approval by the Municipality. The Company shall be responsible for arranging the work so that completion shall be as specified in the contract. ' Time shall be of the essence of the contract. i STANDARD TERMS AND CONDITIONS (continued) 7. PRICING Prices shall be in Canadian Funds, quoted separately for each item stipulated, F.O.B. destination. ' Prices shall be firm for the duration of the contract. ' Prices bid must include all incidental costs and the Company shall be deemed to be satisfied as to the full requirements of the bid. No claims for extra work will be entertained and any additional work must be authorized in writing prior to commencement. Should the Company require more information or clarification on any point, it must be obtained prior to the submission of the bid. ' Payment shall be full compensation for all costs related to the work, including operating and overhead costs to provide work to the satisfaction of the Municipality. ' All prices quoted shall include applicable customs duty, excise tax, freight, insurance, and all other charges of every kind attributable to the work. Goods and Services Tax and Provincial Sales Tax shall be extra and not shown, unless otherwise specified herein. ' If the Bidder intends to manufacture or fabricate any part of the work outside of Canada, it shall arrange its shipping procedures so that its agent or representative in Canada is the importer of ' record for customs purposes. Should any additional tax, duty or any variation in any tax or duty be imposed by the 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 othdrwise 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. STANDARD TERMS AND CONDITIONS (continued) 9. PATENTS AND COPYRIGHTS-cont'd If the work or any part thereof is in any action or proceeding held to constitute an infringement, the company shall forthwith either secure for the Municipality the right to continue using the work or shall at the company's expense, 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. STANDARD TERMS AND CONDITIONS (continued) ' 16. BID ACCEPTANCE The Municipality reserves the right to award by item, or part thereof, groups of items, or parts ' thereof, or all items of the bids and to award contracts to one or more bidders submitting identical bids as to price; to accept or reject any bids in whole or in part; to waive irregularities and omissions, if in so doing, the best interests of the Municipality will be served. No liability shall accrue to the Municipality for its decision in this regard. Bids shall be irrevocable for 90 days after the official closing time. ' The placing in the mail or delivery to the Bidder's shown address given in the bid of a notice of award to a bidder by the Municipality shall constitute notice of acceptance of contract by the Municipality to the extent described in the notice of award. 17. DEFAULT BY COMPANY a. If the company:commits any act of bankruptcy; or if a receiver is appointed on account of its insolvency or in respect of any of its property; or if the company makes a general assignment for the benefit of its creditors; then, in any such case, the Municipality may, without notice:terminate the contract. b. If the company: fails to comply with any request, instruction or order of the Municipality; or fails to pay its accounts;or fails to comply with or persistently disregard statutes, regulations, ' by-laws or directives of relevant authorities relating to the work;or fails to prosecute the work with skill and diligence; or assigns or sublets the contract or any portion thereof without the Municipality's prior written consent; or refuses to correct defective work; or is otherwise in default in carrying out its part of any of the terms, conditions and obligations of the contract, then, in any such case, the Municipality may, upon expiration of ten days from the date of written notice to the company,terminate the contract. C. Any termination of the contract by the Municipality,as aforesaid, shall be without prejudice to any other rights or remedies the Municipality may have and without incurring any liability whatsoever in respect thereto. d. If the Municipality terminates the contract, it is entitled to: i) take possession of all work in progress, materials and construction equipment then at the project site(at no additional charge for the retention or use of the construction equipment), and finish the work by whatever means the Municipality may deem appropriate under the circumstances; ii) withhold any further payments to the company until the completion of the work and the expiry of all obligations under the Correction of Defects section; iii) recover from the company loss, damage and expense incurred by the Municipality 1 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. STANDARD TERMS AND CONDITIONS (continued) ' 19. QUANTITIES Unless otherwise specified herein, quantities are shown as approximate, are not guaranteed to be accurate, are fumished without any liability on behalf of the Municipality and shall be used as a basis for comparison only. Payment will be by the unit complete at the bid price on actual quantities deemed acceptable by the Municipality. 1 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 iThe 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 (WSIB) Workplace Safety and Insurance Board Board has been received. The company shall, if the Municipality in its absolute discretion so desires, be required to satisfy fidelity bonding requirements by providing such bonding in an amount and form determined by the Municipality. Failure to 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. STANDARD TERMS AND CONDITIONS (continued) 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 $3,000,000.00 inclusive per occurrence for third party Bodily Injury and Property Damage or such other coverage or amount as may be requested. The policy shall include the Municipality as an additional insured in respect of all operations performed by or on behalf of the Company. A certified copy of such policy or certificate shall be provided to the respective participant prior to commencement of the work. Further certified copies shall be provided upon request. 24. 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. STANDARD TERMS AND CONDITIONS (continued) 27. UNPAID ACCOUNTS The company shall indemnify the Municipality from all claims arising out of unpaid accounts relating to the work. The Municipality shall have the right at any time to require satisfactory evidence that the work in respect of which any payment has been made or is to be made by the Municipality is free and clear of liens, attachments, claims, demands, charges or other encumbrances. 28. SUSPENSION OF WORK The Municipality may, without invalidating the contract, suspend performance by the company from time to time of any part or all of the work for such reasonable period of time as the Municipality may determine. The resumption and completion of work after the suspension shall be governed by the schedule established by the Municipality. 29. CHANGES IN THE WORK The Municipality may, without invalidating the contract, direct the Company to make changes to the work. When a change causes an increase or decrease in the work, the contract price shall be increased or decreased by the application of unit prices to the quantum of such increase or decrease, or in the absence of applicable unit prices, by an amount to be agreed upon between the Municipality and the Company. All such changes shall be in writing and approved by the Municipality. 30. CONFLICT OF INTEREST No employee or member of Council of the Municipality shall sell goods or services to the Municipality in accordance with the Municipality of Clarington Policy or have a direct or indirect interest in a Company or own a Company which sells goods or services to the Municipality. 31. MUNICIPAL FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY ACT MFIPPA 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. I CORPORATION OF THE MUNICIPALITY OF CLARINGTON CONTRACT NO. CL2002-27 INSTRUCTIONS TO TENDERERS 1 P\29144\Specs\19209.doe INDEX INSTRUCTIONS TO TENDERERS CONTRACT NO. CL2002-27 CLAUSE SUBJECT PAGE 1. GENERAL.......................................................................................................................1 2. BLANK FORM OF TENDER ...............................................................................................1 3. TENDER DEPOSITS..........................................................................................................1 4. BONDS ...........................................................................................................................2 5. RIGHT TO ACCEPT OR REJECT TENDERS ..........................................................................2 6. UNACCEPTABLE TENDERS ..............................................................................................2 7. ABILITY AND EXPERIENCE OF TENDERER........................................................................2 8. PROVINCIAL SALES TAX .................................................................................................2 9. GOODS AND SERVICES TAX (GST) ...................................................................................3 10. EXECUTE CONTRACT DOCUMENTS .................................................................................3 11. COMMENCEMENT OF WORK............................................................................................3 12. LOCATION......................................................................................................................3 13. SOILS INFORMATION AND CROSS-SECTIONS.....................................................................3 14. TENDERERS TO INVESTIGATE..........................................................................................4 15. INQUIRIES DURING TENDERING.......................................................................................4 16. AWARD OF THE CONTRACT ............................................................................................4 17. DEFINITION OF OWNER/AUTHORITY AND ENGINEER/CONTRACT ADMINISTRATOR............4 18. ADDENDA......................................................................................................................4 19. UTILITIES.......................................................................................................................5 20. TEST PIT.........................................................................................................................5 21. PREFERRED OPTION........................................................................................................5 22. TENDER OPENING MEETING............................................................................................5 23. COMPLETION .................................................................................................................5 PAGE ONE INSTRUCTIONS TO TENDERERS CONTRACT NO. CL2002-27 i 1. GENERAL SEALED Tenders plainly marked "Contract No. CL2002-27 " will be received until: 2:00:00 P.M., LOCAL TEWE, FRIDAY, NOVEMBER 1, 2002 and shall be addressed to: Mrs. Patti Barrie, Clerk Corporation of the Municipality of Clarington 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. CL2002-27 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 1 Provincial Retail Sales Tax shall be included in tendered prices for material supplied under this Contract. tINSTRUCTIONS TO TENDERERS CONTRACT NO. CL2002-27 3. 9. GOODS AND SERVICES TAX (GST) The Tenderer shall NOT include any amount in his tender unit prices for the Goods and Services Tax. The GST will be shown on each payment certificate and will be paid to the Contractor in addition to the amount certified for payment and will therefore not affect the ' Contract unit prices. 10. EXECUTE CONTRACT DOCUMENTS Tenders shall be open for acceptance for a period of 30 days after the closing date. After this time the tender may only be accepted with the consent of the successful Tenderer. The successful Tenderer shall execute the Contract Documents and furnish the required bonds within 10 calendar days of receipt of notification of Acceptance of Tender. Failure by the successful Tenderer to meet the above requirements will entitle the Authority to cancel the award of the Contract and to retain the tender deposit as compensation for damages sustained due to the successful Tenderer's default. The Authority may then award the Contract to one of the other Tenderers or take such other action as it chooses. 11. COMMENCEMENT OF WORK The successful Tenderer shall commence work at the site within 7 calendar days of the official commencement date as specified in the written order issued in accordance with GC7.01.02 of the General Conditions. 12. LOCATION ' The work is located on Green Road from 525 in south of Highway No. 2 to 825 m south of Highway No. 2 and in road allowance of future Aspen Springs Drive from Green Road to 210 m easterly, Bowmanville. 13. SOILS INFORMATION AND CROSS-SECTIONS A geotechnical investigation has been undertaken on behalf of the Authority. The results provided are for information only and are not guaranteed by the Authority. A copy of the Borehole Report is included with the Tender Documents as listed in the "Schedule of Tender Data". The Geotechnical Report may be viewed at the TSH Cobourg office. Design cross-sections may also be viewed for information purposes at the same location. INSTRUCTIONS TO TENDERERS ' CONTRACT NO. CL2002-27 4. 14. TENDERERS TO INVESTIGATE Tenderers must satisfy themselves by personal examination of the site and by such other means as they may prefer as to the actual conditions and requirements of the work. The Tenderer shall carefully examine all plans and profiles so that the unit prices tendered are commensurate with the nature of the work. It shall be the Contractor's responsibility to thoroughly inspect the site of the proposed works, determine the location of any buried or obstructing services and make satisfactory arrangements for interference with such service with the proper jurisdictional agency. 15. INQUIRIES DURING TENDERING ' The Tenderer is advised that inquiries regarding the interpretation of the plans or specifications, shall be directed to the Contract Administrator, TSH, Telephone: 905-372-2121, attention: Will ' McCrae, P.Eng. or Roy Kempton, P.Eng. 16. AWARD OF THE CONTRACT The award of this Contract is subject to the approval of the Ministry of the Environment and the Canadian Pacific Railway. 17. DEFINITION OF OWNER/AUTHORITY AND ENGINEER/CONTRACT ' ADMINISTRATOR Wherever the word "Owner" or "Authority" or "Corporation" appears in this Contract, it shall be interpreted as meaning the "Corporation of the Municipality of Clarington". Wherever the word "Ministry", "M.T.C." or "M.T.O." appears it shall be deemed to mean the "Ministry of Transportation, Ontario" or the "Corporation of the Municipality of Clarington". Wherever the word "Contract Administrator" or "Engineer" appears in this Contract it shall be ' deemed to mean the Consultants, Totten Sims Hubicki Associates, or such other officers, as may be authorized by the Authority to act in any particular capacity. ' 18. ADDENDA The Contractor shall ensure that all addenda issued during the tendering period are attached as Ipart of the submitted bid. Failure to do so will result in disqualification of the bid. INSTRUCTIONS TO TENDERERS ' CONTRACT NO. CL2002-27 5. 19. UTILITIES ' Plans illustrating proposals for the relocation of utilities are available for inspection at the office of the Contract Administrator. For additional information regarding existing utilities the Contractor may contact the following personnel: ' Veridian Hydro Enbridge/Consumers Gas Mr. Peter Petriw, P.Eng. Mr. Frank Cholewa Tel: 888-420-0070 Tel: 800-361-0621 Ext. 3252 Ext. 2672 Bell Canada Cable TV Mr. Mark Clarey Ms. Cindy Ward Tel: 905-433-3632 Tel: 905-436-4138 ' 20. TEST PIT ' Contractors are advised that a test pit will be excavated on Tuesday, October 29, 2002, commencing at 9:00 a.m. All prospective bidders and potential subcontractors are asked to attend. ' 21. PREFERRED OPTION The preferred option will be assessed on the bids received and a decision will be made subsequent to closing of tenders. 22. TENDER OPENING MEETING The tender opening meeting is scheduled to take place at 2:15:00 P.M. after the closing time and date in Meeting Room No. 1, Main Floor, 40 Temperance Street, Bowmanville, Ontario and interested bidders are invited to attend. 23. COMPLETION ' The Contractor is advised that all works must be completed by Friday, June 27, 2003. Payment for Items No. 1 to No. 21, allowing for appropriate holdback, shall be made on completion of 1 this work. Payment for the remaining approved Items will not be made until completion in June 2003 and the Contractor shall allow for the financial aspects of this in his bidding. INSTRUCTIONS TO TENDERERS CONTRACT NO. CL2002-27 6. The Municipality of Clarington will be responsible for all payments to the Contractor although, ' the actual cost of Items No. 22 to No. 24 will be borne by the Kaitlin Group, who will deal directly with the Municipality on this matter. 1 1 CORPORATION OF THE MUNICIPALITY OF CLARINGTON ' CONTRACT NO. CL2002-27 SPECIAL PROVISIONS - GENERAL P\29144\Specs\19210.doc ' INDEX SPECIAL PROVISIONS-GENERAL CONTRACT NO. CL2002-27 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 ............................................................................................................. ' 6. RESTRICTIONS ON OPEN BURNING.......................................................................2 7. PAYMENTS .........................................................................................................3 8. UTILITIES ...........................................................................................................3 9. HAUL ROADS ......................................................................................................4 10. DUST CONTROL ................................................................................................4 ' 11. TRAFFIC CONTROL, FLAGGING.......................................................................... 12. CONTRACTOR'S SUPPLY OF CONSTRUCTION SIGNS.............................................5 13. MAINTENANCE OF TRAFFIC...............................................................................5 14. EMERGENCY AND MAINTENANCE MEASURES .................................................... 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. TRAFFIC AND STREET SIGNS..............................................................................9 21. GARBAGE COLLECTION.....................................................................................9 ' 22. ASPHALT MIX DESIGNS.................................................................................... 10 23. REVIEW OF SHOP/WORKING DRAWINGS ........................................................... 10 24. AMENDMENT TO OPSS 1820; CONCRETE PIPE.................................................... 11 25. DELIVERY OF TEST SAMPLES........................................................................... 11 26. PREPARATION AND POSTING OF REQUIREMENTS FOR WORK IN CONFINED SPACES........................................................................................................... 12 27. CONFINED SPACE ENTRY................................................................................. 12 28. ENTRY ONTO PRIVATE PROPERTY.................................................................... ' 29. STORAGE AREAS............................................................................................. 1 30. GENERAL LIABILITY INSURANCE............................ 13 31. CONSTRUCTION LIEN ACT............................................................................... 14 32. PROPERTY OWNERS RELEASE OF PRIVATELY OWNED LAND USED BY THE CONTRACTOR................................................................................................. 15 i PAGE ONE SPECIAL PROVISIONS - GENERAL CONTRACT NO. CL2002-27 1. GUARANTEED MAINTENANCE ' Section GC7.15.02 of the General Conditions is revised in that the Contractor shall guarantee and maintain the entire work called for under this Contract for a period of twenty-four (24) months. ' The Contractor shall make good in a permanent manner, satisfactory to the Authority, any and all defects or deficiencies in the work, both during the construction and during the period of maintenance as aforesaid. The Contractor shall commence repairs on any work identified as ' defective under this clause within 48 hours of receipt of notice from the Authority or the Contract Administrator. ' The decision of the Authority and the Contract Administrator shall be 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, GC1.04 of the General Conditions is revised, in that Contract Time means the time stipulated herein for Completion of the Work as defined in Clause ' GC 1.06. (2) Progress of the Work and Contract Time The Contractor shall accomplish completion of this Contract as defined in GC 1.06 of the General Conditions on or before Friday, June 27, 2003. ' If the contract time above specified is not sufficient to permit completion of the work by the Contractor working a normal number of hours each day or week on a single daylight shift basis, it is expected that additional and/or augmented daylight shifts will be required ' throughout the life of the contract to the extent deemed necessary by the Contractor to insure that the work will be completed within the contract time specified. Any additional costs occasioned by compliance with these provisions will be considered to be included in the prices bid for the various items of work and no additional compensation will be allowed therefor. ' (3) Liquidated Damages It is agreed by the parties to the contract that in case all the work called for under the contract is not completed by the date specified, or as extended in accordance with Section GC3.07 of the General Conditions, a loss or damage will be sustained by the Authority. Since it is and will be impracticable and extremely difficult to ascertain and determine the actual loss or damage which the Authority will suffer in the event of and by reason of such delay, the SPECIAL PROVISIONS-GENERAL CONTRACT NO. CL2002-27 2. ' parties hereto agree that the Contractor will pay to the Authority the sum of$1000.00 (One , Thousand Dollars) as liquidated damages for each and every calendar day's delay in achieving completion of the work beyond the date prescribed. It is agreed that this amount is an estimate of the actual loss or damage to the Authority which will accrue during the period ' in excess of the prescribed date for completion. The Authority may deduct any amount under this paragraph from any moneys that may be ' due or payable to the Contractor on any account whatsoever. The liquidated damages payable under this paragraph are in addition to and without prejudice to any other remedy, action or other alternative that may be available to the Authority. ' 3. CONTRACTOR'S AUTHORIZED REPRESENTATIVE ' Authorized representative as referenced in GC7.01.09 is 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. 1 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. i ' SPECIAL PROVISIONS -GENERAL CONTRACT NO. CL2002-27 3. 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 21/2 percent of the total value of work performed beyond the expiration of 46 days from the date of publication of the Certificate of Substantial Performance, to enable the Contract Administrator to produce the final detailed statement of the value of all work ' done and material furnished under the Contract. As a condition of holdback reduction from 10% to 2-1/2%, the Contractor shall supply a Statutory Declaration as defined in GC8.02.03.07 03)(b) and advertise the Certificate of Substantial Performance per GC8.02.03.04(03). ' The Completion Payment Certificate to include statutory holdback release, will be issued within 120 days after the date for completion as specified under GC 1.06. The date for interest due to ' late payment shall commence following 180 days after the date of completion of the work. As a condition of the final holdback payment, the Contractor shall provide the required Property Owner's Releases as specified elsewhere, as appropriate. The Contractor shall include in his price for the publication of the Certificate of Substantial Performance. Publication is mandatory whether Contractor requests Substantial Performance or not. ' The Contractor is advised that the Authority may withhold payment on Interim and Holdback Release Certificates up to 30 calendar days from the date of receipt of the executed Payment Certificates. Please note the provisions of Clause No. 23 "Completion" in the "Instruction to Tenderers" section of the contract. ' 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. SPECIAL PROVISIONS- GENERAL CONTRACT NO. CL2002-27 q. 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. 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. SPECIAL PROVISIONS-GENERAL CONTRACT NO. CL2002-27 5. 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 ovided in general accordance with the latest edition of the "Manual of P 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: r TC-1 CONSTRUCTION 2 TC-41A CONSTRUCTION ZONE BEGINS 2 TC-41B CONSTRUCTION ZONE ENDS 2 Traffic controls shall be operational before work affecting traffic begins. ' 13. MAINTENANCE OF TRAFFIC fThe following traffic maintenance arrangements shall be in effect during work on this Contract. Green RoadBoswell Drive intersection shall remain open at all times. It is the intention of the Contract that every reasonable effort shall be made to provide vehicular access to homes and other properties within the limits of work operations at the end of each working day. The Contract Administrator shall review road closures with the Contractor to ensure that roadways are reopened to traffic at the earliest opportunity. ' 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. Notwithstanding the preceding, the Contractor shall at all times maintain the roadway surface within the contract limits in a condition satisfactory to the Engineer and such that any emergency vehicles may have immediate access to any building located within the limits of this Contract. The Contractor shall be responsible for all signing at the contract limits and within the contract limits. The Contractor shall ensure the signing is properly maintained while in use. It shall be the Contractor's responsibility to directly notify Police, Fire, Hospital and Ambulance services of road closures at least 24 hours in advance of such closures and to notify these same authorities when such closures are no longer in effect. iIt is the Contractor's responsibility to advertise all road closures in local newspapers a minimum of one week in advance of such closure. The newspaper advertisement shall indicate the date of closing of the roadway and the length of time for which the road will be closed. This advertising SPECIAL PROVISIONS-GENERAL CONTRACT NO. CL2002-27 6. , is in addition to the notification required for Police, Fire, Hospital and Ambulance as indicated above. The Contractor shall be responsible for all detour signing outside the contract limits. 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 The Contractor, shall, at no additional expense to the Authority, supply an office for the exclusive use of the Contract Administrator. This office shall be located as directed by the Engineer, but in no case shall be more than one kilometre from the Contract limit. The Contract Administrator's office shall have a minimum of 17 m2 of floor area, with a clear ceiling height of not less than 2.3 m, weatherproof, insulated walls and roof and a tight wooden floor raised at least 0.3 m clear of the ground. The office shall be fitted with a minimum of two glazed windows, both of which can be opened and are fitted with screens. The door shall have a reliable lock, all keys for which shall be in the care of the Contract Administrator. The , Contractor shall supply electric light, heat when required, and an air conditioner of 8,000 BTU minimum when required, to the Contract Administrator's satisfaction and shall furnish the office with a minimum of one desk with drawers, one drafting table, five chairs, two drafting stools, one filing cabinet, a waste paper basket and a broom. Where the Contractor elects to supply a combination office for the use of the Contract Administrator and his own staff, the minimum requirements for the Contract Administrator's ' accommodation as outlined shall be met. In addition, separate outside access for each office shall be provided and the Contract Administrator's office shall be partitioned off from that of the Contractor, on the inside. Any inside connecting door between the two offices shall be fitted with ' a lock or closer on the Contract Administrator's side. Where the field office is situated remote from a built-up area and where alternate toilet facilities are not available, the Contractor shall also supply an acceptable chemical or equivalent dry toilet, in a location convenient to the Contract Administrator's office. SPECIAL PROVISIONS -GENERAL ' CONTRACT NO. CL2002-27 7. The field office and other facilities shall be provided at the site within 14 days of the Date of Notification to Commence Work or on the date of the Contractor's actual commencement of work, whichever date occurs first, and shall remain at the site, if the Contract Administrator so requires, for a period of up to two months after the completed work is accepted by the Authority. ' 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. CL2002-27 8. ' Designated Substance Identified on this Site Location , Acrylonitrile No Arsenic No Asbestos No ' Benzene No Coke Oven Emissions No Ethylene Oxide No Isocynates No Lead No Mercury No Silica No Vinyl Chloride No It is the responsibility of the Contractor to ensure that all sub-contractors performing work under this Contract have received a copy of this specification, where Designated Substances are identified as being present at the site of the work. The Contractor shall comply with the governing Ministry of Labour Regulations respecting ' protection of workers, removal, handling and disposition of the Designated Substances encountered on this Contract. Prior to commencement of this work, the Contractor shall provide written notification to the Ministry of the Environment at 7 Overlea Boulevard, Toronto, Ontario, M4H 1A8 of the location(s)proposed for disposal of Designated Substances. A copy of the notification shall be provided to the Contract Administrator a minimum of two weeks in advance of work starting. In the event that the Ministry of the Environment has concerns with any proposed disposal location, further notification shall be provided until the Ministry of the Environment's concerns have been addressed. All costs associated with the removal and disposition of Designated Substances herein identified, shall be deemed to be included in the appropriate tender items. Should a Designated Substance not herein identified be encountered in the work, then ' management of such substance shall be treated as Extra Work. The requirements of Section GC4.03 of the General Conditions of the Contract shall apply. SPECIAL PROVISIONS-GENERAL CONTRACT NO. CL2002-27 9. 18. WORKPLACE HAZARDOUS MATERIAL INFORMATION SYSTEM (WHMIS) Reporting Section GC4.03.06 is deleted and replaced with the following: Prior to the commencement of work the Contractor shall provide, to the Contract Administrator, a list of those products controlled under WHMIS which he expects to use on this Contract. Related Material Safety Data Sheets shall accompany the submission. All containers used in the application of products controlled under"MIS shall be labeled. 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 or discharges. 20. TRAFFIC AND STREET SIGNS The Contractor will be responsible for the removal and salvage of existing traffic and street signs, and their delivery to the Authority's Works Department Yard, for re-erection by the Authority following completion of the work. Scheduling for sign removal shall be as approved in advance by the Contract Administrator. Regulatory signs such as "Stop" and "Yield" must be maintained throughout. ' 21. 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 SPECIAL PROVISIONS-GENERAL CONTRACT NO. CL2002-27 10. collecting agency, to permit and coordinate pick-up. Garbage pickup is handled by Canadian Waste Services at 1-800-789-8886. Recyclable material is handled by Miller Waste Systems at 905-723-8588. 22. ASPHALT MIX DESIGNS The Contractor shall be responsible for the provision of current mix designs for all hot mix asphalt required for the work, or for having the necessary mix designs prepared by a certified laboratory. The mix designs proposed for use by the Contractor shall be submitted in writing to the Contract Administrator for his approval and no work shall commence until the design mixes are approved. All costs associated with the provision of approved mix designs shall be borne by the Contractor. Steel slag and blast furnace slag coarse and fine aggregates shall not be used in any hot mix required by this Contract. 23. REVIEW OF SHOP/WORKING DRAWINGS For the portions of the work to be done under this Contract where detail drawings are to be supplied by the Contractor, six (6) copies of same, together with specifications, l�us such additional copies as the Contractor and his subcontractors may require, shall be submitted to the Contract Administrator for review. The shop drawings are also subject to the approval of the Canadian Pacific Railway. The Contractor or his Subcontractor shall check and initial all shop drawings before submission to the Contract Administrator so as to intercept and correct any major errors or omissions. Shop drawings will not be reviewed by the Contract Administrator unless they have been previously checked by the Contractor. The review by the Contract Administrator and CP Rail is for the sole purpose of ascertaining , conformance with the general design concept. This review shall not mean that the Contract Administrator or CP Rail approves the detail design inherent in the shop drawings, responsibility for which shall remain with the Contractor submitting same, and such review shall not relieve the Contractor of his responsibility for errors or omissions in the shop drawings or of his responsibility for meeting all requirements of the Contract Documents. The Contractor is responsible for dimensions to be confirmed and correlated at the job site, for information that pertains solely to fabrication processes or to techniques of construction and installation and for coordination of the work of all subtrades. Work which relates to the shop drawings shall not be carried out before the Contract Administrator's review of the shop drawings is complete. SPECIAL PROVISIONS-GENERAL CONTRACT NO. CL2002-27 11. ' 24. AMENDMENT TO OPSS 1820; CONCRETE PIPE Section 1820.02, References, of OPSS 1820 is deleted and replaced by the following: 1820.02 References This specification refers to the following standards, specifications, or publications: Ontario Provincial Standards Specifications (Material) CSA Standard A257-M1982 - Standards for Concrete Pipe Section 1820.07, Production, of OPSS 1820 is deleted and replaced by the following: I1820.07 Production 1820.07.01 General rProduction methods shall conform to the requirements of CSA A257.1 and CSA A257.2. Pipe for use in sewers up to and including 900 mm designated internal diameter shall be pipe of the size and class required, and shall conform to the MOE Pre-qualification Requirements for Concrete Sewer Pipe Plants. The plant shall have a valid Pre-qualification Certificate at the time of production and delivery of the pipe. L1820.07.03 Marking Marking shall conform to the requirements of CSA Standard A257.1M or A257.2M. Pipe conforming to the MOE Pre-qualification Requirements for Concrete Sewer Pipe Plants shall ' bear the letters "MOE". Jacking Pipe shall be marked with the words "Jacking Quality". 1 25. DELIVERY OF TEST SAMPLES The Contractor shall include in his tender prices for the cost of delivery of concrete test cylinders and asphalt samples to a designated testing laboratory. For this contract the designated testing laboratory is located at 100 Scotia Court in Whitby. SPECIAL PROVISIONS-GENERAL CONTRACT NO. CL2002-27 12. 26. PREPARATION AND POSTING OF REQUIREMENTS FOR WORK IN CONFINED SPACES Clause GC7.01.06 of the OPS General Conditions of Contract is amended by the addition of the following: Detailed written procedures addressing the confined space requirements of the Occupational Health and Safety Act and Ontario Regulations for Construction Projects, Ontario Regulation 213/91, shall be clearly posted at the project site and available to all personnel, including the Contractor's workers, Authority staff, Contract Administrator, and Ministry of Labour inspectors. The procedures must include the rescue procedures to be followed during a rescue or evacuation of all personnel from an unsafe condition or in the event of personal injury. Contractor shall have personnel trained in rescue procedures readily available on site. The P P Y 27. CONFINED SPACE ENTRY Without relieving the Contractor of his responsibilities under the Occupational Health and Safety Act the Contractor shall be responsible for the supply of personal protective equipment for the use of the Contract Administrator, in connection with confined space entry while the Contractor is operating on site. The following equipment shall be made available on request: Mechanical Ventilation Equipment Gloves Gas Detector (C95-80) Full body harness securely attached to a rope Rope Gas mask or dust, mist or fume respirator (optional) 30 minute self-contained breathing apparatus (need not be worn but, if required, be readily available to supply air for instant egress) 7 minute Escape Pack Explosion-proof temporary lighting Adequate clothing to ensure protection against abrasions and contamination. In addition the Contractor shall provide a competent person who shall inspect all safety equipment prior to use to ensure that it is in good working order and appropriate for the task at hand. 28. 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. SPECIAL PROVISIONS-GENERAL CONTRACT NO. CL2002-27 13. 29. 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. i 30. GENERAL LIABILITY INSURANCE Additional Named Insured: Canadian Pacific Railway shall be named as an Additional Named Insured, showing a Cross Liability Clause protecting each named insured as if separately insured. The Certificate of Insurance must include on eof the above endorsements and must be filed with ' the Contract Administrator of the Railway Company. The Certificate is subject to approval as to adequacy of protection prior to the Contractor commencing work on site. ' Railway Operations: Should the Canadian Pacific Railway Company be required to carry out any work or render any services incidental to the Contract, then the main Contractor's Comprehensive Liability Policy should be extended by endorsement along the following lines: It is hereby understood and agreed that the coverage afforded the Canadian Pacific Railway Company under this policy shall apply to legal liability arising from work performed or services rendered by the Railway Company incidental to 1 .............................................................................................( insert Authority letting ' Contract) Contract with ........................................................................( insert name of Contractor) (insert description of project), including temporary support for or diversion or relocation of the ' Railway in connection with this Contract. Or a separate policy shall be provided to cover the Railway Company's operations incidental to ' this Contract. The Contractor shall file with the Authority together with his Performance Bond and Payment Bond, two certified copies of an Insurance Policy, which is in full force and effect. SPECIAL PROVISIONS-GENERAL CONTRACT NO. CL2002-27 14. 31. CONSTRUCTION LIEN ACT The Contractor shall give the Authority notice in writing, immediately, of all lien claims or potential lien claims coming to the knowledge of the Contractor or his agents. When a claim for lien is filed by a Subcontractor, labour or material supplier or equipment renter acting under the Contractor, and proceedings are commenced by the Authority to vacate the lien, the Contractor agrees and shall forthwith pay to the Authority, in addition to their reasonable legal fees therefore, all interest costs and expenses incurred by the Authority and an additional sum equal to ten percent (10%) of the sum found to be owing as liquidated damages, and such remedy shall be in addition to any other remedy available to the Authority under the Contract Documents. Where any lien claimant asks from the Authority the production for inspection of the Contract Documents or the state of the accounts between the Authority and the Contractor, the Contractor shall be liable for an administration fee of Two Hundred Dollars ($200.00) for each request made as compensation for the preparation of such accounting or for the preparation of the Contract, or both, as the case may be, and the Contractor acknowledges that such administrative fee shall be , properly deductible, if the Authority should so choose, from monies otherwise payable to the Contractor under the terms of the Contract Documents. Where an application is brought to a judge of a competent jurisdiction to compel production of any particular document to a lien claimant, the Contractor further agrees to indemnify the Authority from reasonable legal fees incurred in appearing on such an application and in addition agrees to pay to the Authority its reasonable costs incurred in producing such documents to the extent that the same is made necessary under the disposition of the matter by such judge, and the Contractor further agrees that such reasonable costs and fees incurred by the Authority as stated herein may be properly deductible from monies otherwise payable to the Contractor under the terms of the Contract Documents. SPECIAL PROVISIONS-GENERAL ' CONTRACT NO. CL2002-27 15. 32. PROPERTY OWNER'S RELEASE OF PRIVATELY OWNED LAND USED BY THE CONTRACTOR Upon completion of the Contract, the Contractor shall provide the Authority with two (2) copies of a form of release signed by each property owner, upon whose land he has entered for purposes associated with the Contractor's operations but not for the purpose of undertaking works stipulated in the Contract: Date ....................... To: Mr. A.S. Cannella, CET, Director of Engineering Services Corporation of the Municipality of Clarington Municipal Administration Centre, 40 Temperance Street BOWMANVILLE, Ontario L1C 3A6 Re: Contract No. CL2002-27 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. rYours very truly, .................................. Signature Property Owner's Name............................Lot......Concession.......... 1 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 1 SCHEDULE (C) CONTRACTOR SAFETY POLICY AND PROCEDURE Continued... HEALTH AND SAFETY PRACTICE FORM SCHEDULE "A" To Contractor(s): The Municipality of Clarington is committed to a healthy and safe working environment for all workers. To ensure the Municipal workplace is a healthy and safe working environment, contractors, constructors and subcontractors must have knowledge of and operate in compliance with the Occupational Health and Safety Act and any other legislation pertaining to employee health and safety. In order to evaluate your company's health and safety experience, please provide the accidentrncident and/or Workplace Safety and Insurance Board (WSIB) information noted below, where applicable. • The New Experimental Experience Rating (NEER) -The WSIB experience rating system for non-construction rate groups ............................................................................................. • The Council Amended Draft#7(CAD-7) Rating -The WSIB experience rating system for construction rate groups ' ............................................................................................. • Injury frequency performance for the last two years -This may be available from the contractor's trade association ............................................................................................. • Has the contractor received any Ministry of Labour warnings or orders in the last two years? (If the answer is yes, please include the infraction). Confirmation of Independent Operator Status -The WSIB independent operator number assigned: (Bidders to include the letter confirming this status and number from WSIB with their bid submission.) . i 1 I SCHEDULE (C) NTRACTOR SAFETY POLICY AND PROCEDURE Continued... CONTRACTOR'S STATEMENT OF RESPONSIBILITY As a contractor working for the Municipality of Clarington, I/we will comply with all procedures and requirements of the Occupational Health and Safety Act, Municipal safety policies, department and site specific policies and procedures and other applicable legislation or regulations. Uwe 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 Ac,. 3. The contractor/successful tenderer shall rectify any unsafe act or practice and any non- compliance with the Act at its expense immediately upon being notified by any person of the existence of such act, practice or non-compliance. 4. The contractor/successful tenderer shall permit representatives of the Municipality and the Health and Safety Committee on site at any time or times for the purpose of inspection to determine compliance with this contractorAender. 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, or cost to the Municipality which may result from a) from any loss, inconvenience, damage the contractor/successful tenderer or any of its employees, its subcontractors or their ' employees failing to act safely or to comply in all respects with the Act in the performance of any matters required pursuant to this contract/tender, SCHEDULE (C) CONTRACTOR SAFETY POLICY AND PROCEDURE Continued... b) against any action or claim, and costs related thereto, brought against the Municipality by any person arising out of any unsafe act or practice or any non-compliance with the Act by the contractor/successful tenderer or any of its employees, its subcontractors or their employees in the performance of any matter required pursuant to this contract/tender, and c) from any and all charges, fines, penalties, and costs that may be incurred or paid by the Municipality (or any of its council members or employees) shall be made a party to any charge under the Act in relation to any violation of the Act arising out of this contracthender. t Contractor f Name of Person Signing for Contractor ..�. .. ................ j...Co..... ...; ... .,........ .. .............................. ...... ...... . .. ill ...... Ski,fiawwof r - Date I C SCHEDULE (C) ONTRACTOR SAFETY DATE &TIME OF INFRACTION: DESCRIPTION OF INFRACTION INCLUDING LOCATION: ORDER GIVEN BY MUNICIPALITY: DID THE CONTRACTOR COMPLY WITH THIS ORDER? DATE&TIME OF COMPLIANCE: ISSUED TO: CONTRACTOR'S EMPLOYEE TITLE ISSUED BY: MUNICIPAL EMPLOYEE, DEPARTMENT TITLE PART"C"-ADDITIONAL COMMENTS THIS SECTION IS TO BE USED INTERNALLY TO RECORD ADDITIONAL COMMENTS SUBSEQUENT TO ISSUING THE WARNING/STOP WORK ORDER, I.E. DATE AND TIME WORK RESUMED, FURTHER ACTION TAKEN, ETC. SCHEDULE (C) CONTRACTOR SAFETY POLICY AND PROCEDURE Continued... Schedule "B" CONTRACTOR HEALTH AND SAFETY WARNING/STOP WORK ORDER The purpose of this form is to: (Issuer to check one of the following) , Provide warning to the contractor to immediately discontinue the unsafe work practice described below _ Direct the contractor to immediately cease all work being performed under this contract due to the unsafe work practice described below. FAILURE TO COMPLY WITH THIS WARNING/STOP WORK ORDER SHALL CONSTITUTE A BREACH OF t CONTRACT. PART"A"- DETAILS OF CONTRACT CONTRACT/P.O.# DESCRIPTION: NAME OF FIRM: PART"B"- DETAILS OF INFRACTION (TO BE COMPLETED BY ISSUER) r CORPORATION OF THE MUNICIPALITY OF CLARINGTON CONTRACT NO. CL2002-27 SPECIAL PROVISIONS - TENDER ITEMS P/29144/specs/19211.doc ' PAGE ONE SPECIAL PROVISIONS - TENDER ITEMS ' CONTRACT NO. CL2002-27 ' STORM SEWERS - ITEM NOS. 1 -3 AND 23 Under these Items and for the unit price bid, the Contractor shall supply all materials including pipe of the required type, size and class, other fittings, sand material for cover and crusher run limestone for bedding. Backfill shall be native material and shall be placed and compacted to match existing ground. ' Embedment for PVC pipe shall be crusher run limestone. The soils report results support a classification of Type 3 for soils for the purposes of selecting Class `B' bedding. The unit prices bid shall include for the following work where appropriate: Removal and disposal of brush and boulder at Maintenance Hole No. 4 off the site of the works. Protection of tree branches when installing 1050 mm dia. Sewer south of Maintenance No. 50 and at Sta. 1+927 approximately. Maintenance of storm flows. Restoration of asphalt areas in HL-3 to match existing depth with granular base to match existing. • Restoration of disturbed vegetated areas with 100 nun of topsoil and seed. • Restoration of travelled path(laneway) in native earth material to match existing width. • Protection of Hydro poles which are close to trenching operations. ' • Excavation of swale on approaches to ditch inlet No. 7 and restoration with 100 mm of topsoil and seed. • Remove and reinstate wire fence with 300 mm Dia. and 1350 mm Dia. storm sewer installation. STORM SEWER INSTALLATION BY JACK AND BORE-ITEM NO. 4 Payment shall be made under this item for the supply of all equipment and materials to install 1050 mm dia. pipe by Jack and Bore method. Pipe shall be reinforced concrete Class 140-D,jacking quality. • Hydraulically operated jacks shall be sufficient to ensure uniform and smooth advancement of pipe. • A jacking head shall be used to transfer pressure uniformly over the entire end bearing areas of the pipe. • Two or more lubricated rails or sill of sufficient length shall be supplied and placed in jacking pit to fully support pipe at specified line and grade. Pipe joints shall be protected from crushing by placing 20 mm thick plywood on spigot shoulder. Cut plywood to form ring with outer surface conforming to our circumference of pipe. Dispose of excavated material which is surplus to backfill requirements on the project. ' Installation may be carried out by either pushing a pipe forward while excavating with a boring machine or manually inside the pipe. Where difficult jacking is expected, grout holes shall be provided in the pipe and bentonite kept available as lubricant. The Contractor shall note the proximity of a hydro pole to the upstream pit. SPECIAL PROVISIONS -TENDER ITEMS CONTRACT NO. CL2002-27 2. i Measurement for payment shall be from face of bored section to face of bored section. ' The unit price bid under this Item shall include for the supply of shop drawings as per Clause 23 of the "Special Provisions -General". ENTRANCE AND EXIT PITS -ITEM NO. 5 For the lump.sum bid under this Item, the Contractor shall construct entrance and exit pits at locations approved by he Contract Administrator. The lump sum bid shall include the following work: • Support for pit excavation. • Maintain pits in drained condition. Do de-watering to maintain a dry condition with the water table at least one metre below the base of the excavation • Install galvanized chain link fence 1.8 metres high around the entire perimeter of working areas at an offset to ensure the stability and integrity of the fence. • Remove fencing on completion. • Backfill pit areas when maintenance holes No. 2 and 3 are constructed. iSupply of shop drawings as per Clause 23 of the "Special Provisions -General". MAINTENANCE HOLES AND DITCH INLETS-ITEM NOS. 6-9 AND 24 The unit prices bid under these Items shall include for placing of Granular `B' Type 1 material to a lower limit of 300 mm below the floor slab and all around the structure. A 100 mm dia. Drainage opening shall be provided in the base of each new maintenance hole and catch basin. Filter fabric Terrafix Type 270R or equal 600 mm x 600 mm in size shall be placed at drainage openings. All maintenance holes shall be sumped except Nos. 5 and 6 which shall be benched and covers shall be placed to match existing ground elevations. Safety grates shall be installed in all structures 5.0 m or more in depth. Elevation of safety grates within maintenance holes will be determined by the Contract Administrator. ' CONNECTION TO EXISTING MAINTENANCE HOLE-ITEM NO. 10 ' Payment under this Item shall include for connecting proposed 1050 mm dia. storm sewer to existing Maintenance Hole No. 50, including supply of all materials to rebuild opening to suit new pipe and parging the inside of the maintenance hole around the new pipe. SPECIAL PROVISIONS -TENDER ITEMS CONTRACT NO. CL2002-27 3. CONNECT 300 MM DIA. AND 450 MM DIA. PIPES TO NEW 1050 MM DIA. SEWER- ITEM NOS. 11 - 12 tPayment under this Item shall include all labour and materials required to connect existing 300 mm dia. and 450 mm dia. pipes to new 1050 mm dia. pipe. Connections may be made by manufactured tee or an approved coring method. The 450 mm dia. pipe is concrete, the 300 mm dia. pipe is PVC. REMOVAL OF SEWERS-ITEMS NO. 13 AND 14 ' Payment under these Items shall be made for the following work: • Removal and disposal of 450 mm dia. pipe under Item No. 11. • Removal and salvage of 1200 mm dia. CSP under Item No. 10. Pipe shall be temporarily stored on site. ' Backfilling, grading and compaction of areas disturbed by pipe removal. • Supply and place 100 mm of topsoil and seed in restoring grassed areas disturbed by pipe removal. • Restore travelled path with native material to match existing width. This applies to disturbed areas beyond those caused by installation of new storm sewer. Note that paved areas disturbed by removal of 1200 mm dia. CSP will be restored under the new ' 1050 mm dia. pipe installation. • Saw cutting of paved areas and removal and disposal of asphalt off the site of the works. REMOVE AND DISPOSE OF RIP RAP-ITEM NO. 15 ' Payment shall be made under this Item for removal of all rip rap material, including geotextile, from the existing channel and hauling and disposing of this material off the site of the works to a location 1 arranged for by the Contractor. BACKFILL CHANNEL-ITEM NO. 16 Payment shall be made under this Item for the placing and compacting of surplus earth material from trenching operations in the existing channel. Material shall be placed, compacted and graded to suit existing ground contouring and to an elevation to allow for the placing of 100 mm minimum depth of topsoil to match existing ground. It is estimated that there is enough surplus material from trenching operations for fill requirements. Additional fill material, if required, may be taken from the stockpile on site, north of the CP tracks and east of Green Road. Surplus excavated material from trenching operations or channel excavation, this will be deposited on site within the area southeast of the CP Railway tracks. i ' SPECIAL PROVISIONS- TENDER ITEMS CONTRACT NO. CL2002-27 4. ' REMOVE HEADWALL FROM 1200 MM DIA. PIPE SEWER-ITEM NO. 17 ' Payment shall be made under this Item for the removal and disposal of concrete headwall on 1200 mm dia. CSP and for disposal of all rubble off the site of the works at a location arranged for by the Contractor. ' TOPSOIL AND SEED-ITEM NO. 18 Payment shall be made under this Item for topsoiling and seeding of all areas disturbed in connection with the works associated with removal of rip rap and backfilling of channel. ' Payment shall include for regrading of areas disturbed by equipment in the carrying out of operations associated with the channel works and for restoration of swale constructed to outlet to Ditch Inlet No. 7. GRAVEL PAREING-ITEM NO. 19 The unit price bid under this Item shall include for the following work: ' Regrading of parking area and connecting laneway to grades shown on plan and proof rolling. Note that backfill of the sewer within this area is paid for under the 1050 mm dia. sewer item. Grading will be an average depth of 150-200 mm and as directed by the Contract Administrator. ' Supply, place and compact 200 mm depth of crusher run limestone in parking area and laneway. ' CONSTRUCT CHANNEL OUTLET-ITEM NO. 22 Payment shall be made under this Item at the lump sum bid for the following work: • Excavate to form open channel as per cross section. Dispose of surplus excavated material which is not required for fill purposes on site. Estimated volume of earth excavation is 13,500 m3. • Supply and place Geotextile, Terrafix 270R in area of rip rap. • Supply and place two layers of 200 mm dia. rip rap to the limits shown on the channel typical sections. • Supply and place topsoil 100 mm depth and seed and mulch. • Supply and install 27.0 metres of 1350 mm dia. CL-65D concrete pipe as outlet to Maintenance Hole No. 4 and in extended existing 1350 m dia. pipe at point of connecting to existing 1350 mm dia. sewer. Pipe bedding shall be as per the storm sewer "Special Provision" for Item Nos. 1-3. • Supply and install galvanized grates to both outlet and inlet pipes as per Standard no. N-608. • Remove plug from existing 1350 mm dia. pipe and dispose of. r r r r r r r r CORPORATION OF THE MUNICIPALITY OF CLARINGTON CONTRACT NO. CL2002-27 r r i 1 1 r ' STANDARD DRAW IN GS 1 1 r r ' PAGE ONE STANDARD DRAWINGS CONTRACT NO. CL2002-27 ' STANDARD NO. DESCRIPTION N-608 (Mod.) STORM SEWER OUTFALL GRATE r OPSD 219.110 LIGHT DUTY SILT FENCE BARRIER 219.210 TEMPORARY ROCK FLOW CHECK 401.010 CAST IRON FRAME AND GRATE FOR MAINTENANCE HOLE r 701.012 1800 mm DIA. PRECAST MAINTENANCE HOLE 701.013 2400 mm DIA. PRECAST MAINTENANCE HOLE ' 701.021 MAINTENANCE HOLE BENCHING 705.030 600 mm X 600 mm PRECAST CONCRETE DITCH INLET 1680 mm X 2440 mm MAINTENANCE HOLE 802.010 FLEXIBLE PIPE, EMBEDMENT AND BACKFILL EARTH EXCAVATION 802.031 RIGID PIPE BEDDING, COVER AND BACKFILL TYPE 3 SOIL 1 1 r 1 r r 1 1 r r 25 mm 0 RODS 0 100 mm SPACING ' CENTERED ON 65 mm PLATE. 65 mm X 10 mm BENT PLATE 6-19 mm 0 HOLES SPACED EQUALLY AROUND THE PERIMETER 10 mm WELD TYP. MAX 100mm SPACE ' FABRICATION DETAIL 6-16 mm 0 X 300 mm LONG GALVANIZED STUDS 76 mm 6-19 mm 0 DRILLED HOLES COURSE THREAD ' SET BACK 50 mm MINIMUM FROM END OF PIPE so 6-50 mm OD. X 19 mm ID. GALVANIZED WASHERS. ' CONCRETE PIPE ' ASSEMBLY DETAIL NOTES: ' MATERIALS -ALL COMPONENTS SHALL BE OF WELDING QUALITY MILD CARBON STEEL CONFORMING TO ASTM A-425. FINISH - ALL METAL SURFACES TO BE HOT DIP GALVANIZED AFTER FABRICATION. ALL DIMENSIONS IN MILLIMETERS EXCEPT WHERE NOTED. STORM SEWER OUTFALL GRATE MODIFIED (760 mm TO 1350 mm DIA. PIPE) N-608 Area under ^, construction ee o �-1 End \� t� run Barrier main run t 1. End run b Area under protection �j w w � iui Area under PERSPECTIVE VIEW construction Direction of flow Area under protection SECTION VIEW Silt fence barrier ' h Direction of flow n� 2.3m max Typ rt Main run 1 A L-01, PLAN OF SILT FENCE BARRIER Stake Geotextile E ' o Direction W Trench to be of flow oaled and ' compacted Earth surface o 0 N 300mm min I o 0 of geotextile 200 `O in trench ' SECTION A—A NOTE: A All dimensions are in millimetres or metres unless otherwise shown. ONTARIO PROVINCIAL STANDARD DRAWING 1996 02 01 Rev LIGHT DUTY - - - - - - - - - - OP SILT FENCE BARRIER Date - - - _ _ _ OPSD - 219. 110 j .Direction of flow Spillway CMIi��� a. CM PLAN MEW or �• ��� 7 Jr � l 300mm min 300mm Spillway Geotextile SECTION Spillway 150 Second lift of rock Geotextile Direction of flow r- 0 First lift of rock Rock 200 mm Trench to be backfilled and .• compacted NOTE: .. of geotextile A All . or metres unless otherwise shown. 800 R-70mm min 150mm max 1 mm Typ 4 Typ F Q 2 Lugs per cover TOdetail O eeyyww 19 1313 ® 13133 29x25mme ® ® 13 29mm Lift hole Typ 45• Typ ® ® 13 13 13 %Typo - A 13 1313 13 13 13 13 13 13 -'C t— At =- -RD A G E R -W D D I 1313 ® 1313 131313 ® 13 I ® ® ® 131313 13 ® 131313 13 Montana 9 03 03 -� f* Lug TYPE A LUG DETAIL TYPE B FRAME PLAN CLOSED COVER OPEN COVER 0676 0632 0624 0624 0624 114 24 �-- -�I--22 co --1 rl "25 6 4578 19 I q414-124- --� --I I--15 27 --I F--15 27--1 49 50 I 0613 .0 0613 78-' 8 19 6 i SECTION C—C SECTION D—D 0575 --�� NOTES: 0667 A Covers shall be Type A or Type B as specified. SECTION A—A B Lugs and keyways are optional. C All dimensions are in millimetres unless otherwise shown. ONTARIO PROVINCIAL STANDARD DRAWING Nov 2001 Rev 0 r CAST IRON, SQUARE FRAME WITH P ' CIRCULAR CLOSED OR OPEN COVER - - - - - - - - - - _ SECTION B—B FOR MAINTENANCE HOLES FoPSD — 401 .010 For adjustment R-------r ALTERNATIVES unit and frame e+1-------L5 installation see -T-------r-i A CAST-IN-PLACE BASE OPSD-704.010 C_}-- Vdia TYP -E150 Tapered top � 300 See alternative C 330 and D Riser sections T(0" : .• ..J as required 1200mm Granular Steel reinforcement bedding as specified Transition slab e••a' B TAPERED TRANSITION SLAB See alternative B 1800mm die— C �'--1200-1 x--125 c Riser sections 300mm max '� E j os required �� Typ E Bench or sump s► Goo • • ------------- Note 1 y' 300mm :.« r••.. T1. . . •., •. 180 1800 180 TYP Precast slab •� .,• . :`�• base L•:_•:.. .-.�___s___�.___..-:J See alternati ve A Granular bedding D 1800mm PRECAST FIAT CAP C 1200mm PRECAST FLAT CAP Flat cap ! • Riser rJ2=(r1a section Flat . cap 1800mm dia 4 NOTES: 1 For sump detail see OPSD-701.010. D Pipe support according to OPSD-708.020. A Granular backfili to be placed to a E For benching details, maximum pipe hole minimum thickness of 300mm all around diameters and flow configurations, see the maintenance hole. OPSD-701.021. B Precast concrete components according to F All dimensions are nominal. OPSD-701.050, OPSD-703.020 and G All dimensions are in millimetres unless OPSD-706.020. otherwise shown. C Structures exceeding 5.Om in depth to Include safety platform according to OPSD-404.020. ONTARIO PROVINCIAL STANDARD DRAWING April 1999 Rev 2 PRECAST MAINTENANCE HOLE - _ _ - __ _ _ _ 1800mm DIAMETER OPSD - 701 .012 ' ALTERNATIVES A CAST—IN—PLACE BASE • 150 s -E150 For adjustment ��-______r_5 300 ;., �16 unit and frame --i-------r-� `" installation see ►'-'+ r-'+ �. •� 380 OPSD-704.010. Typ 300 :,. •�•. �1:. .:.. :.A Tapered top r r ' ` v 1 See alternative 8 and C y Granular Steel reinforcement bedding as specified e B 1200mm PRECAST FLAT CAP Riser sections 1200mm dia as required not cap } 1 OOmm di Transition t• 'a• �• Riser slab section ' 2400mm dia s 300mm max f Riser sections Typ C 2400mm PRECAST FIAT CAP E as required H .. �.• g Flat �• �. •. a ca £ p 1 Bench or sump ' �'• •: Note 1 :.''•,,'. j::,f '! Riser :t• -V g section Precast slab base .r Y--4•�`,�:i�„�,.ir'�y�'•.%`'. •! 2400mm dia See alternative A Olt tit �r Granular �'•`•'._•'.�,.•:,•• . . • . ::..••.• :. .••s :� bedding LirLir.�_•.��j�i:6.v�J:••4�L'��i�1'.�li.���'.7..• NOTES: 1 For sump detail see OPSD-701.010. D Pipe support according to OPSD-708.020. A Granular backfill to be placed to a E For benching details, maximum pipe hole minimum thickness of 300mm all around diameters and flow configurations, see the maintenance hole. OPSD-701.021. B Precast concrete components according F All dimensions are nominal. to OPSD-701.060. OPSD-703.030 and G All dimensions are in millimetres unless OPSD-706.030. otherwise shown. C Structures exceeding 5.0m in depth to Include safer platform according to OPSD-404.0 0. ONTARIO PROVINCIAL STANDARD DRAWING April 1999 JRevJ2 PRECAST MAINTENANCE HOLE - - - - - - - - - - i 2400mm DIAMETER rOPSD - 701 .013 . PA 1. Right angle bend 2. Tee connection 3. Three way junction Aam 23C . 4. Four way junction 5.. Straight through 6. Dead end -!- 8.1 As specified ;0 min D/2 ���� Concrete' '. 5m nm 7. Wye connection 8. 450 bend Section NOTES: A -Concrete for benching to be 30MPa. B Benching to be given wood float finish, channel to be given steel trowel finish. -C All dimensions are nominal. D All dimensions are in milimetres or metres unless otherwise shown. MAXIMUM SIZE HOLE IN THE WALL IN PRECAST RISER SECTIONS Maintenance No.7 Hole Diameter No. 1-4 No. 5 & 6 No. 8 Inlet Hole Outlet Hole mm mm mm mm mm mm 1200 700 860 780 700 860 1500 860 1220 960 860 1170 1800 1220 1485 1220 1220 1485 2400 1485 2020 1760 1485 2020 3000 1930 2450 2300 1930 2450 3600 2195 1 3085 1 2730 1 2195 3085 ONTARIO PROVINCIAL STANDARD DRAWING .1998 03 011 Rev 11 MAINTENANCE HOLE BENCHING - - - - - - - AND PIPE OPENING DETAILS - - - - - - - - - - OPSD - 701 .021 f A 775mm ----►{ SM� Grate v reference elevation 6 I I Ss 1 l � f f ( I L I P�,,Mt I l = 1 0 1 1 0 150 . .• 150 600 1 ole 1 E WWF E a E 1 Note 1 ( E 185mm 2/m, E E 150 1 l 150 a°� each way 'a `- 600--; � . to I ( I 300mm �. ( }--------- all sides � •: :• • o to Typ lop, Granular bedding A �-► SECTION A—A FRONT VIEW Opening Dimensions NOTES: 1 Outlet hole size 525mm maximum diameter, location Gr e e b as required. one A Where inlet is placed across ditch and 2:1 670 52 is accessible to vehicular traffic, grating 3:1 632 72 slope is to be 6:1 or flatter. 4:1 618 79 B All reinforcing steel shall have 25mm minimum cover. A 6:1 608 83 C Granular backfill to be placed to a minimum 8:1 605 85 thickness of 300mm all around the ditch inlet. 10:1 603 M87 D Grating according to OPSD-403.010. E Pipe support according to OPSD-708.020. HOR soo F All dimensions are nominal. G All dimensions are in millimetres or metres unless otherwise shown. ONTARIO PROVINCIAL STANDARD DRAWING 1996 09 15 1 Rev PRECAST CONCRETE - - - - - - - - - - sP DITCH INLET Date - - - - - - 600mm x 600mm, DEPTH 4.0m MAX 10PSD - 705.030 PIPE IN SUPPORTED PIPE IN UNSUPPORTED PIPE IN SUPPORTED EXCAVATION EXCAVATION EXCAVATION 0 Note 3, Typ Subgrade 2 1'• "'Stem 41 1 yP 1 Backfill material. Clearance, • For culvert frost treatment 1• see table, Typ 300mm min. •• Note 2 1. Typ .• Clearance, ' .r see table 300mm min D C 150 • t' E x . 0 $£ .. TYPE 1 OR 2 TYPE 3 •� • . ,; SOIL SOIL o • : . 2 150 , 0.50 0.50 Bedding grade Note 1 Note 1 PIPE IN SUPPORTED PIPE IN UNSUPPORTED LEGEND: EXCAVATION EXCAVATION D — Inside diameter 2 Subgrode NOTES. •2 .•., 1 The pipe bed shat( be shaped to receive the bottom of the pipe. •��: Backfill material. 2 Pipe culvert frost treatment according to OPSD-803.030 and 803.031. ••,• for culvert frost treatment 3 Condition of trench is symmetrical about centreline of pipe. Note 2 A Granular material placed under the haunches must be compacted 150 I• Bedding grade CLEARANCE TABLE prior to continued placement and compaction of embedment material. 0.5 0 �2 •�E 4 Pe clearance 8 Embedment material shall be homogeneous granular material, and Note 1 SOIL Inside Diameter mm shall be placed and compacted uniformly. around the pipe. mm soo or less 300 C Soil types as defined in the Health do Safety Act and soo Regulations for Construction Projects. Over 900 D Protection against heavy ONTARIO PROVINCIAL STANDARD DRAWING 1996 09 15 Rev construction equipment according O P to OPSD-808.010. IBLE PIPE - - - - - - FLEX - - - - S E All dimensions are in millimetres Date —.— — — — — or metres unless otherwise shown. EMBEDMENT AND iiC.KFILL •EARTH EXCAVATION OPSD - 802.010 1� l� illlll�I lilies iii r l� l� ,� MM M Ilia iilr 111111101111111111M M PIPE IN SUPPORTED PIPE IN UNSUPPORTED PIPE IN UNSUPPORTED PIPE IN SUPPORTED EXCAVATION EXCAVATION EXCAVATION EXCAVATION Note 4 00 Subgrade DD Typ 2 2 OOmm min, Typ Support system Backfill material. Q•1 • Clearance, 1 ' Typ / •: •� For culvert frost treatmen 1.5 • see table .. Note 3 TO D D Cover material ` 0.1500 300mm min, Typ ° Compacted granular bedding material Note 1 Bedding grade OD Typ 2 2 0.500 O.60D Note 2 Note 2 CLASS B — BEDDING CLASS C — BEDDING NOTES: 1 The minimum bedding depth below the pipe shall be 0.150. CLEARANCE TABLE In no case shall this dimension be less than 150mm or LEGEND: pipe greater than 300mm. 0 — Inside diameter Inside Diameter Clearance 2 The pipe bed shall be shaped to receive the bottom of the pipe. 00 — Outside diameter mm mm 3 Pipe culvert frost treatment according to OPSD-803.030 and 803.031. 900 or less 300 4 Condition of trench is symmetrical about centreline of pipe. over 900 500 A Soil types as defined in the Health & Safety Act and Regulations for Construction Projects. B Protection against heavy .1996 09 15 Rev construction equipment according ONTARIO PROVINCIAL STANDARD DRAWING to OPSD-808.010. RIGID PIPE BEDDING, sP C All dimensions are in millimetres — — — — — — — " — — or metres unless otherwise shown. COVER AND BACKFILL Date — — — — — — TYPE 3 SOIL - EARTH EXCAVATION JOPSD - 802.031 i 1 1 r CORPORATION OF THE MUNICIPALITY OF CLARINGTON CONTRACT NO. CL2002-27 i i i 1 GEOTECHNICAL INVESTIGATION (Borehole Logs) Log of Borehole: BH-1 Project No:02-G-131 Geo-Logic Inc. 347 Pido Road, Unit 29 Peterborough, Ontario CAM 194 - Project:Green Road Storm Sewer Extension K9J-6Z8 Location:2+190, Centreline of roadway SUBSURFACE PROFILE SAMPLE Moisture Content Z^ •10ist 20 C 3n0ten40• o O E - - ----=----1-- - m REMARKS = O DESCRIPTION `� w E a M ¢= m Standard Penetration Index E W } w w 2 a- Q • N in blows/0.3m . N o co w o z Z _20 40 -60 80 a Ground Surface _ _ __ 0 -8:6.--- ; — 19mm piezometer installed GRANULAR FILL o 00 r 1 AS — ! ( as shown. 1 Brown Gravelly Sand _ _ EARTH / L --v.so — 3 Grey Sandy Silt Till r �= ORGANICS 3 1 Black Organic Topsoil 7 t = 2 AS — ' ` Water level:approximately 1.22m depth upon r L completion of drilling Light brown Sandy Silt with Gravel, wet Water level:at 1.90 m .. depth on June 002 2 .. : 3 AS ` d th 4 2 Sandy Silt Till,dry,dense ; — 1 8 4 AS 3 Grey . 4 10.0 5 AS — 16 - - encountered Cobbles and Boulders 518 i 18 i 20 6 6.10 Open borehole wet upon Borehole terminated completion of drilling. 22 Elevation(m): on grade Geologist/Technologist: Eric Emery& Dale Manley Completion Depth (m):6.10 Drilling Company: Tri-Aqua Drilling Date of Boring: May 17, 2002 Drilling/Sampling Equipment: Solid stem augers/Split spoon sampler Plate No.: A-1 Log of Borehole: BH-2 p �► Geo-Logic Inc. Project No:02-G-131 347 Pido Road, Unit 29 « ,107777 d�' Peterborough, Ontario Project: Green Road Storm Sewer Extension K9J-6Z8 Location:2+090,Centreline of roadway SUBSURFACE PROFILE SAMPLE Moisture Content � z., .MOOist 20 Co 0en40 ° O_>_ m REMARKS O DESCRIPTION v w D m X M >a CO w Q Standard Penetration Index E W U w o z z 20�n40 60 3 80 a 0 I Grouna-S-uTa-ce M AR FILL 1 velly Sand 2 2 R CS nic Topsoil AS LAY n mottled Silty Clay,very 1 2 AS — .. ...................................... rRO1St 2 3 AS — — 1 Grey Sandy Silt Till,dry,dense 4 AS 3 4 14 " ................ ...................................... Silt with Gay 16 5 1 5 AS — 18 20 6 Open borehole d on Borehole terminated completion of drilling. 22 Elevation(m): on grade Goo logist/Technologist: Eric Emery& Dale Manley lCompletion Depth (m): 6.10 Drilling Company: Tri-Aqua Drilling Date of Boring: May 17, 2002 Drilling/Sampling Equipment: Solid stem augers/Split spoon sampler Plate No.: A-2 Log of Borehole: BH-3 '. Project No:02-G-131 347 Pido Inc. 1 347 Pido Road, Unit 29 .. � Peterborough, Ontario 0 A' clv Q Project:Green Road Storm Sewer Extension K9J-6Z8 Location:2+009, Centreline of roadway SUBSURFACE PROFILE SAMPLE Moisture Content 2 Z^ .10ist 20 C 30 40 ° p E m REMARKS = O DESCRIPTION P— w m m m D Standard Penetration Index E f- w a . N in blows/0.3m • N W ai w o z z 20 40 60 80 a tt 0 Ground Surface EARTH FILL Black Silty Sand trace Organics, 1 AS — 1 moist ORGANICS Black Silty Organics,moist 1 EARTH RLL 1 2 SS 15 Brown Sandy Silt Till,moist Water Level:approximately 1.17m depth upon SANDY SILT completion of drilling. Light brown/grey mottled Sandy Silt layered,damp 3 SS 39 2 ILL Light grey Silty Clay Till with Sand, damp,dense 4 SS 52 3 5 SS 100 4 14 16 6 SS 100 5 18 20 6 7 SS 100 22 Borehole terminated completion olf drilling. Elevation(m): on grade Geologist/Technologist: Eric Emery& Dale Manley Completion Depth (m): 6.53 Drilling Company: Tri-Aqua Drilling Date of Boring: May 17, 2002 Drilling/Sampling Equipment: Solid stem augers/Split spoon sampler Plate No.: A-3 Log of Borehole: BH-4 f Project No:02-G-131 Geo-Logic Inc. 347 Pido Road, Unit 29 Peterborough, Ontario °IIR G 19�71�CM , Project:Green Road Storm Sewer Extension K9J-6Z8 Location: 1+981, Centreline of roadway SUBSURFACE PROFILE SAMPLE Moisture Content :o Z^ .Monist r 3 Content%** o O_E a; REMARKS = O DESCRIPTION �3: w E Q= m Standard Penetration Index E a wa. '- ow ¢ • N in blows/0.3m . N W w a z Z 20 40 60 80 a. 0-_ 0 Ground Surface 13.9 19 mm piezometer installed X. EARTH FILL 1 As — as shown 1 — Dark brown Silty Sand some Gravel, •=.moist •:• Dark ligtif brown mottled Sandy Silt Water Level:approximately ��..• trace Gravel,moist 0.30m depth upon . P Po 3 1 ••. Dark 7light*lirown'Clayey Silt.trace of 2 SS 7 1 .7 completion of drilling. Sand and Gravel,moist Water level at 020 m depth • on June 4,2002. • CLAYEY SILT Dark brown/light grey mottled 8 Clayey Slit Layered,moist 3 SS 26 2 ILL Light grey Sandy Silt Till some Clay 4 SS 31 3 t�aifc grey Silty Claji Till'vvitfi Sarin, damp 5 SS 38 2 4 ...... •tjense • 14 16 6 SS 100 5 18 20 6 .. 7 SS 100 22 Borehole terminated Elevation (m): on grade Geologist/Technologist: Eric Emery& Dale Manley Completion Depth (m): 6.53 Drilling Company: Tri-Aqua Drilling Date of Boring: May 17, 2002 Drilling/Sampling Equipment: Solid stem augers/Split spoon sampler Plate No.: A-4 Log of Borehole: BH-5 I � ProProject No:02-G-131 Gea-Logic Inc. / 347 Pido Road, Unit 29 t� r Peterborough, Ontario ; Project:Green Road Storm Sewer Extension K9J-6Z8 Location: 1+921,Centreline of roadway SUBSURFACE PROFILE SAMPLE Moisture Content � *Moisture Content%• a o 10 20 -30 40 m REMARKS = m DESCRIPTION Q= m D LU Standard Penetration Index E I-- W a M a Q N in blows/0.3m N W v}i w e z Z 20 40 60 80 -a- roun u ace 0 0 t TOPSOIL V-.00 *r Topsoil/Organics _ 1 * 1 AS — 2 SANDY SILT Brown Sandy Silt,trace Gravel,wet, 3 soft Water Level:approximately 1 = 0.91 m depth upon 4 TILL completion of drilling. 5 Brown Clayey Silt,moist,firm Slightly mottled from 4-5' 1 .4 6 3 AS — 2 7 8 :: ; Greji Silty Clay'Till,moist 1 9 4 AS — 0 3 1 2 SIL TY CLAY -3�s 3 4 Grey Silty Clay,wet,saturated 9 4 5 AS — – - — I 5 ---- I s I-- i 5 i 1 I 7 '' I 18 _ 21.6 9 6 AS — • 6 207 Borehole terminated 6.10 Open borehole wet upon completion of drilling. 1 22 Elevation (m): on grade Geologist/Technologist: Eric Emery&Dale Manley Completion Depth (m): 6.10 Drilling Company: Tri-Aqua Drilling Date of Boring: May 17, 2002 Drilling/Sampling Equipment: Solid stem augers/ Split spoon sampler Plate No.: A-5 CORPORATION OF THE MUNICIPALITY OF CLARINGTON ' CONTRACT NO. CL2002-27 ' OPS GENERAL CONDITIONS OF CONTRACT (September 1999) ONTARIO PROVINCIAL STANDARDS FOR ROADS AND PUBLIC WORKS `p STAN 9 o p p c°n ' G S �Q y�c Jam? i /AqL_PRO GENERAL CONDITIONS OF CONTRACT SEPTEMBER 1999 GENERAL CONDITIONS OF CONTRACT Table of Contents SECTION GC 1.0-INTERPRETATION GC 1.01 Captions....................................... ............................................................................ GC1.02 Abbreviations........................................................................................................... 1 GC 1.03 Gender and Singular References............................................................................ 1 GC 1.04 Definitions...................................................... .......................................................... ' GC 1.05 Substantial Performance.........................................................................................5 GC 1.06 Completion.............................................. ................................................................. 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 ' GC 3.06 Working Area................................................. ...........................................10 GC3.07 Extension of Contract Time............................................................................:......10 GC3.08 Delays....................................................................................................................11 ' GC 3.09 Assignment of Contract......................................................................................... 11 GC 3.10 Subcontracting by the Contractor..........................................................................11 ! GC 3.11 Changes................................................................................................................12 GC 3.11.01 Changes in the Work.............................................................................................12 GC3.11.02 Extra Work.............................................................................................................12 OPS Gwwsl CondKbm of Context-SepWnbw 1999 Tom of Conwo-1 �1 GC3.11.03 Additional Work..................................................................................................... 12 GC3.12 Notices................................................................................................................... 12 GC 3.13 Use and Occupancy of the Work Prior to Substantial Performance..................... 13 GC3.14 Claims, Negotiations, Mediation............................................................................ 13 GC 3.14.01 Continuance of the Work....................................................................................... 13 GC3.14.02 Record Keeping..................................................................................................... 13 GC 3.14.03 Claims Procedure.................................................................................................. 13 GC,3.14.04 Negotiations........................................................................................................... 14 GC3.14.05 Mediation............................................................................................................... 14 ' GC.3.14.06 Payment................................................................................................................. 14 GC 3.14.07 Rights of Both Parties............................................................................................ 15 GC 3.15 Engineering Arbitration..........................................................................................15 GC 3.15.01 Conditions for Engineering 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 r 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 TOW of CoMwds-9 OPS G nsar C Wkbm of Conbw-sepwnber ION 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 GC 5.01 Supply of Material..................................................................................................20 GC 5.02 Quality of Material..................................................................................................20 GC 5.03 Rejected Material...................................................................................................20 GC 5.04 Substitutions..........................................................................................................20 GC 5.05 Owner Supplied Material....................................................................I...................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 GC 6.02 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.....................................................................................................25 GC 6.03.05.03 Use and Occupancy of the Work Prior to Compl etion...........................................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 Gerd"CondiNone of Cwbu t-SepwnbW 19M TAW of Conte-N1 GC7.02 Layout....................................................................................................................29 GC 7.03 Damage by Vehicles or Other Equipment.................................................... GC 7.04 Excess Loading of Motor Vehicles........................................................................30 GC 7.05 Condition of the Working Area...............................................................................30 GC 7.06 Maintaining Roadways and Detours......................................................................30 GC 7.07 Access to Properties Adjoining the Work and Interruption of Utility Services.......31 GC 7.08 Approvals and Permits..........................................................................................31 GC7.09 Suspension of Work..............................................................................................32 GC 7.10 Contractors 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 r 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......................................................r......................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-Off.....................................................................................................40 ' Table of contend-H oPS General Conditions of Contract-September 190 GC 8.02.03.12 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 GC 8.02.04.03 Payment for Work..................................................................................................41 GC 8.02.04.04 Payment for labour...............................................................................................42 GC 8.02.04.05 Payment for Material.............................................................................................42 GC 8.02.04.06 Payment for Equipment.........................................................................................42 GC 8.02.04.06.01 Working Time........................................................................................................42 GC 8.02.04.06.02 Standby Time........................................................................................................42 GC8.02.04.07 Payment for Hand Tools........................................................................................43 GC 8.02.04.08 Payment for Work by Subcontractors....................................................................43 GC 8.02.04.09 Submission of Invoices..........................................................................................43 GC 8.02.05 Final Acceptance Certificate..................................................................................43 GC 8.02.06 Payment of Workers..............................................................................................44 GC8.02.07 Records.................................................................................................................44 GC 8.02.08 Taxes and Duties...................................................................................................44 GC 8.02.09 .Liquidated Damages................................................... . ........... .. ....... ..45 . OPS General CaWltlons of Contract-September 1999 Table of Contents-v Sp TA o NO9 9 Ontario Provincial Standards for 0 °� s, s r Roads and Public Works September 1999 e�pA�_PAp� ' 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. tGC 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 pCWB" _ Canadian Welding Bureau GC General Conditions "MOE" - Ministry of the Environment(Ontario) "MTC" - Ministry of Transportation(Ontario) $INTO" _ Ministry of Transportation(Ontario) "MUTCD" Manual of Uniform Traffic Control Devices, published by MTO "OPS" - Ontario Provincial Standard -"OPSD" - Ontario Provincial Standard Drawing "OPSS" Ontario Provincial Standard Specification "PEO" Professional Engineers Ontario "SAE" - Society of Automotive Engineers "SSPC" - Structural Steel Painting Council "UL" Underwriters Laboratories "ULC" - Underwriters Laboratories Canada GC 1.03 Gender and Singular References .01 References to the masculine or singular throughout the Contract Documents shall be considered to include the feminine and the plural and vice versa as the context requires: GC 1.04 Definitions 1 .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 1 Work. M General CoWWom of Contract-September 1999 page t 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, within'#he 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 Geotechnical Report, any Subsurface Report and other reports and information provided by the Owner for the Work, and without limiting the generality thereof, may include soil profiles, foundation investigation reports, reinforcing steel schedules, aggregate sources lists, Quantity Sheets, cross-sections and standard drawings. Contract Time: means the time stipulated in the Contract Documents for Substantial Performance of the Work, including any extension of 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. Pepe 2 OPS tiWWW Contiftwo of Contract-September 1999 Cost Plus: See'Time and Material". iCut-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 ry and equipment used for preparing, fabricating, conveying or erecting the Work and normally referred to as construction machinery and equipment. Estimate: means'a calculation of the quantity or-cost-of the Work or=part-tf itbdepending 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 regulationswhich affect the Work. Final Acceptance, Certificate means the certificate issued by the Contract Administrator at Final Acceptance of the Work. Final Detailed'Statement: means a complete'evaluation prepared by the Contract Administrator showing the quantities, unit prices and final dollar amounts of all items of work completed under the Contract, including variations in tender items and Extra Work, all as set out in the same general form as the monthly estimates. Force Account: See"Tune and Material'. Geotechnical Report: means a report or other information identifying soil, rock and ground water. conditionsin,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 furor used by the general public for the passage of vehicles'and includes the area between the lateral property,lines thereof. Lump Sum Item: means a tender item indicating a portion of the Work for which payment will be made at a single tendered price. Payment is not based on a measured quantity, although a quantity may be given in the Contract Documents. 1 Major Item: means any tender item that has a value, calculated on the basis of its actual or estimated tender quantity, whichever is the larger, multiplied by its tender unit price, which is equal or greater than the lesser of, a) $100,000,or b) 5% of the total tender value calculated on the basis of the total of all the estimated tender quantities and the tender unit prices. Material: means material, machinery, equipment and fixtures forming part of the Work. OPS General conditions of Cur vw-Septernber 1999 Page 3 Owner. means the party to the Contract for whom the Work is being performed, as identified in the Agreement, and includes,with the same meaning and import, "Authority". Pavement: means a wearing course or courses placed on the Roadway and consisting of asphaltic i concrete, hydraulic cement concrete-Portland cement concrete,or plant or road mixed mulch. Performance Bond: means the type of security furnished to the Owner to guarantee completion of the Work in accordance with the Contract and to the extent provided in the bond. Plan Quantity: means that quantity as computed from within the boundary lines of the Work as shown in the Contract Documents. Project: means the construction of the Work as contemplated by this Contract Quantity Sheet: means a list of the quantities of Work to be done. �:. Rate.of Interest: means the rate determined by the Minister of Finance of Ontario•and issued by, and available from,the Owner. Records: mean any books, payrolls, accounts or other information which relate to the Work or any Change in the Work or claims arising therefrom. Roadway: means that part of the Highway designed or intended for use by vehicular traffic and includes the Shoulders. Shoulder means that portion of the Roadway between the edge of the wearing surface and the top inside edge of the ditch or fill slope. Special Provisions: mean special directions containing requirements peculiar to the Work. Standard Specification: means a standard practice required and stipulated by the Owner, for performance of the Work. Subbase: means a layer of material of specified type and thickness between the Subgrade and the Base. Subcontractor means a person, partnership or corporation undertaking the execution of a part of the Work by virtue of an agreement with the Contractor. Subgrade: means the earth or rock surface, whether in cut or fill, as prepared to support the Base, Subbase and Pavement. 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 b the Owner P Y . to complete the Work. Time and Material: means costs calculated according to clause GC 8.02.04, Payment on a Time and Material Basis. Where"Cost Plus"and"Force Account"are used they shall have the same meaning. i Poe 4 OPS General Conditions of contract-September 1999 Utility: means an aboveground or underground facility maintained by a municipality, public utility authority or regulated authority and includes services such as sanitary sewer, storm sewer, water, electric, gas, oil, steam,data transmission,telephone and cable television. Warranty Period: means the period of 12 months from the date of Substantial Performance or such ' longer period as may be specified for certain Materials or some or all of the Work. Where a date of Substantial Performance is not established, the Warranty Period shall commence on the date of Completion. Work: means the total construction and related services required by the Contract Documents. Working Area: means all the lands and easements owned or acquired by the Owner for the construction of the Work. Working Day: means any Day, a) except Saturdays, Sundays and statutory holidays; b) " except a'Day as determined,by'the Contratct'Administrator;°on-which,•the-�Contrac or is prevented by inclembnt weather,or conditions,resulting immediately°therefrom;-froin-proceedino�with'a-Controlling Operation. For the purposes of this definition, this will be a flay Auring°whictr the Contractor cannot proceed with at least 60% of the normal labour and equipment force effectively engaged on the Controlling Operation for at least 5 hours; c) except a Day on which the Contractor is prevented from proceeding with a Controlling Operation, as determined by the Contract Administrator by reason of, i. any breach of the Contract by the Owner or if such prevention is due to the Owner, another contractor hired by the Owner,-'or an employee of any one'of them,or by anyone else,acting on behalf of the Owner. ' ii. on-delivery of Owner-supplied materials, iii. any cause beyond the reasonable control of the Contractor which can be substantiated by the Contractor to the satisfaction of the Contract Administrator. ' Woridng.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 iii. I%of the balance of the Contract price. .02 For the purposes of this Contract, where the Work or a substantial part thereof is ready for use or is being used for the purposes intended and the remainder of-the Work cannot be completed expeditiously for reasons beyond the control of the Contractor or, where the Owner and the Contractor agree not to complete the Work expeditiously, the price of the services or materials remaining to be supplied and required to complete-the Work shall be deducted from the Contract price in determining Substantial Performance. OPS General CondWo of contract-SepWnbW 1999 Paps 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) I%of the Contract price; or b) $1,000. GC 1.07 Final Acceptance _ .01 Final Acceptance shall be deemed to occur when the Contract Administrator is satisfied that, to the best of the Contract Administrator's knowledge at that time, the Contractor has rectified all imperfect work and has discharged all of the Contractor's obligations under the Contract. GC 1.08 Interpretation of Certain Words .01 -...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 Pepe 6 OPS Owera Condkkm of Conuw-Sepuffdw 1999 SECTION GC 2.0-CONTRACT DOCUMENTS GC 2.01 Reliance on Contract Documents 01 The Owner warrants that the information fumished in the Contract Documents can be relied upon with the following limitations or exceptions: a) The location of all mainline underground utilities which will affect the Work will be shown to a tolerance of. i. 1 m horizontal and ii. 0.3 m vertical b) The Owner does not warrant interpretations of data or opinions expressed in any Subsurface Report available for the perusal of the Contractor and excluded from the Contract Documents;and C) Other information specifically excluded from this warranty. GC 2.02 Order of Precedence .01 In the event of any inconsistency or conflict in the contents of the'following documents, such documents shall take precedence and govern in the following order. a) Agreement b) Addenda c) Special Provisions d) Contract Drawings ' e) Standard Specifications f) Tender g) Supplemental General Conditions ' h) General Conditions i) Working Drawings Later dates shall govern within each of the above categories of documents. 1 .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. i03 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 ' if required by all. OPS General Condi lm of Conrad•Sepiarnber IM pop 7 SECTION GC 3.0-ADMINISTRATION OF THE CONTRACT GC 3.01 Contract Administrator's Authority .01 The Contract Administrator will be the Owners representative during construction and until the issuance of the Completion Certificate or the issuance of the Final Acceptance Certificate whichever is later. All instructions to the Contractor including instructions from the Owner will be issued by the Contract Administrator. The Contract Administrator will have the authority to act on behalf of the Owner only to the extent provided in the Contract Documents. .02 All claims, disputes and other matters in question relating to the performance and the quality of the Work or the interpretation of the Contract Documents shall be referred to the Contract Administrator. .03 The Contract Administrator will inspect the Work for its conformity with the plans and specifications, and to record the necessary data to establish payment quantities under the.schedule of tender quantities and unit prices or to make an assessment of the value of the work completed in the case of 'a lump sum price contract .04 The Contract Administrator will determine the amounts owing to the Contractor under the Contract and will issue certificates for payment in such amounts as provided for in Section GC 8.0, Measurement and Payment .05 The Contract Administrator will with reasonable rom p ptness review and take appropriate action upon the Contractor's submissions such as shop drawings, product data, and samples in accordance with ,,. the Contract Documents. , .06 The Contract Administrator will investigate all allegations of a change in the character of the Work made by the Contractor and issue appropriate instructions. ' .07 The Contract Administrator will prepare Change Directives and Change Orders. .08 Upon written application by the Contractor, the Contract Administrator and the Contractor will jointly conduct an inspection of the Work to establish the date of Substantial Performance of the Work and/or the date of Completion of the Work .09 The Contract Administrator will be, in the first instance,the interpreter of the Contract Documents and the judge of the performance thereunder by both parties to the Contract Interpretations and decisions of the Contract Administrator shall be consistent with the intent of the Contract Documents and in making these decisions the Contract Administrator will not show partiality to either party. .10 The Contract Administrator will have the authority to reject part of the Work or Material which does not conform to the Contract Documents. .11 Defective work, whether the result of poor workmanship, use of defective material, or damage through carelessness or other act or omission of the Contractor and whether incorporated in the Work or not which has been rejected by the Contract Administrator as failing to conform to the Contract ' Documents shall be removed promptly from the Work by the Contractor and replaoed or re-executed promptly in accordance with the Contract Documents at no additional cost to the Owner. .12 Any part of the Work destroyed or damaged by such removals, replacements or re-executions shall be made good, promptly, at no additional cost to the Owner. .13 If, in the opinion of the Contract Administrator, it is not expedient to correct defective work or work not performed in accordance with the Contract Documents, the Owner may deduct from monies otherwise due to the Contractor the difference in value between the work as performed and that called for by the Contract Administrator. Pape 8 OPS dorsal Condkbn of Conf a-Sepwnw 1899 14 Notwithstanding any inspections made by the Contract Administrator or the issuance of any certificates or the making of any payment by the Owner, the failure of the Contract Administrator to reject any defective work or Material shall not constitute acceptance of defective work or Material. 15 The Contract Administrator will have the authority to temporarily suspend the Work for such ' reasonable time as may be necessary to facilitate the checking of any portion of the Contractor's construction layout or the inspection of any portion of the Work. There shall not be any extra compensation for the suspension of work GC 3.02 Working Drawings 01 The Contractor shall arrange for the preparation of clearly identified and dated Working Drawings as ' called for by the Contract Documents. .02 The Contractor shall submit Working,Drawings ,to the Contract`..Administrator with reasonable promptness and in orderly sequence so as to,not cause delay in`the•Work 'If either the'Contractor or the Contract Administrator so requests they'shall jointly prepare: a schedule fixing the.dates for submission and return of Working Drawings >-Working,Drawings,shall_be-submitted in printed form. At the time of submission the Contractor shall notify the Contract Administrator in writing of any deviations from the Contract requirements that exist in the'Working Drawings. .03 The Contract Administrator will review and return Working Drawings in accordance-with an agreed upon schedule, or otherwise,with reasonable promptness so as not to cause delay. .04 The Contract Admin'istrator's review'will be to check for"conformity to r the-design-concept and-for general arrangement only and such review shall not relieve the Contractor of responsibility for errors or omissions in the Working Drawings or of responsibility for meeting all requirements of the Contract Documents unless a deviation on the Working Drawings has been approved in writing by the Contract Administrator. .05 The Contractor shall make any changes in Working-Drawings which the Contract,Administrator may, require consistent with the Contract Documents and resubmit unless otherwise directed by.the Contract Administrator.`When resubmitting, the Contractor shall notify the Contract Administrator in. , writing*of any revisions other than those requested by the'Contract Administrator. .06 Work related to the Working Drawings shall not proceed until the Working Drawings have been signed and dated by the Contract Administrator and marked with the words "Reviewed. Permission ' to construct granted." .07 The Contractor shall keep one set of the-reviewed Working.Drawings,marked-as above, at the site at all times. GC 3.03 Right of the Contract Administrator to Modify Methods and Equipment 01 The Contractor shall, when requested in writing, make alterations in the method, Equipment or work force at any time the Contract Administrator considers the Contractor's actions to be unsafe, or damaging to either the Work or existing facilities or the environment .02 The Contractor shall, when requested in writing, alter the sequence of its operations on the Contract �so as to avoid interference with work being performed by others. .03 Notwithstanding the foregoing, the Contractor shall ensure that all necessary safety precautions and protection are maintained throughout the Work. OPS General Comm"of convact-Sow-A er 1999 Pope 9 GC 3.04 Emergency Situations .01 The Contract Administrator has the right to determine the existence of an emergency situation, and when such an emergency situation is deemed to exist, the Contract Administrator may instruct the Contractor to take action to remedy the situation. If the Contractor does not take timely action, or if the Contractor is not available, the Contract Administrator may direct others to remedy the situation. .02 If the emergency situation was the fault of the Contractor, the remedial work shall be done at the 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 formation provided by the Contract Administrator. ,GC 3..06 Working Area ' .01 The Contractor's sheds, site offices, toilets, other temporary structures and storage areas for material and equipment shall be grouped in a compact manner and maintained in a neat and orderly condition times. stall y , .02 The Contractor shall confine his construction operations to the Working Area. Should the Contractor require more space than that shown on the Contract Drawings, the Contractor shall obtain such ' space at no additional cost to the Owner. .03 The Contractor shall not enter upon or occupy any private property for any purpose, unless the Contractor has received prior written permission from the property owner. GC 3.07 Extension of Contract Time .01 An application for an extension of Contract Time shall be made in writing by the Contractor to the Contract Administrator as soon as the need for such extension becomes evident and at least 15 Days • .;f:, 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. , ,x- .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 General CondkWw of contract-September 1999 GC 3.08 Delays ! .01 If the Contractor is delayed in the performance of the Work by, a) war, blockades, and civil commotions, errors in the Contract Documents; an act or omission of the Owner or Contract Administrator, or anyone employed or engaged by them directly or indirectly, ' contrary to the provisions of the Contract Documents; b) a stop work order issued by a court or public authority, provided that such order was not issued as the result of an act or omission of the Contractor or anyone employed or engaged by the Contractor directly or indirectly; C) 'the`Contract Administrator giving notice under subsection GC 7.09;Suspension of Work; d) abnormal inclement weather, or e)`archaeological finds in accordance with subsection GC 3.16;Archaeological Finds, then the Contractorr shall be�reimbursed by the Owner for-reasonable-costs incurred by:the Contractor as the result of such delay, provided that in the case of an application for an extension of-Contract Time-due to abnormal inclementweather;,the'Contractor shall; wdh�.the-Contractoes-application, submit evidence from Environment Canada in support of-such-application "Extension-of Contract ' Time will be granted in accordance with subsection GC 3.07, Extension.of:Contract Time. A2 'If the,Work- is delayed,by labour disputes,-'strikes or lock-outs --.including lock-outs decreed or recommended to its members by a�recognized contractor's association, of which,the Contractor is a "member or to which the Contractor-is`otherwise bound which are beyond the Contractor's control, then the Contract Time shall""extended in accordance with subsection GC 3.,07;,Extension of Contract Time. In no case shall the extension of Contract Time be less than the time lost.as the result of the-event causing the delay, unless a shorter extension~is agreed to by the Contractor.-The Contractor shall riot'be'entitled to payment for costs incurred as the,result of such delays unless such delays are the result of actions by the Owner. GC 3.09 Assignment of Contract 01 The Contractor shall not assign the Contract, either in whole-or in part.without the written consent of the Owner. GC 3.10 Subcontracting by the Contractor i :01 The'Contractor may subcontract zany part of the Work; subject to-these General,Conditions and.any limitations specified in the Contract Documents. ' 02 The Contractor shall notify the Contract Administrator,-in-wrlting iof°the*fntention to subcontract. Such notification shall identify the part of the WorK and the Subcontractor with whom it is intended. ' 03 'The ContractAdmin'istrator will,'within 10'Days,-of receipt of!such notification;•accept or reject the intended Subcontractor., The rejection WIl 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. 'i05' The Contractor shall preserve arid`protect the-tights 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 Geneml Condlibn of cw to-Sepbmber 1999 Pope 11 .06 The Owners consent to subcontracting by the Contractor shall not be construed to relieve the ' Contractor from any obligation under the Contract and shall not impose any liability upon the Owner. Nothing contained in the Contract Documents shall create a contractual relationship between a Subcontractor and the Owner. GC 3.11 Changes GC 3.11.01 Changes in the Work .01 `The Owner, or the Contract Administrator where so authorized, may, by order in writing, make a Change in the Work without invalidating the Contract The Contractor shall not be required to proceed with a Change in the Work until in receipt of a Change Directive. Upon the receipt of such Change Directive the Contractor shall proceed with the Change in the Work. _ .02 The Contractor may apply for an extension of Contract Time according to the terms of subsection GC 3'.07, Extension of Contract Time. .03 Ifzthe 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. .02 The Contractor may apply for an extension of Contract Time according to the terms of subsection GC 3.07, Extension of Contract Time. .03: Payment for the Extra Work may be negotiated pursuant to subsection GC 3.14, Claims, Negotiations, Mediation, or payment may be made according to the conditions contained in clause GC 8.02.04, Payment on a Time and Material Basis. GC 3:x,1.03 Additional Work .01 The Owner, or Contract Administrator where so authorized, may request the Contractor to perform Additional Work without invalidating the Contract If the Contractor agrees to perform Additional Work,the Contractor shall proceed with such Additional Work upon receipt of a Change Order. ' .02 The Contractor may apply for an extension of Contract Time according to the terms of subsection GC 3.07, Extension of Contract Time. .03 Payment for the Additional Work may be negotiated pursuant to subsection GC 3.14, Claims, Negotiations, Mediation, or payment may be made according to the conditions contained in clause GC 8.02.04, Payment on a Time and Material Basis. GC 3.12 Notices .01 Any notice permitted or required to be given to the Contract Administrator or the Superintendent In respect of the Work shall be deemed to have been given to and received by the addressee on the date of delivery if delivered by hand or by facsimile transmission and on the fifth Day after the date of mailing If sent by mail. Page 12 OPS General ConAtlom of Contra!-september 1999 1` .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'noYtontemplated•elsewhere in'the Contract Documents;the Owner may use or occupy the Work or any part thereof prior to Substantial.Pertormance .provided that-at.least 30 Days'written notice has been given to the Contractor. .02 The use or occupancy of the Work or any part thereof bythe Ownerpriorto°Substantial Performance shall not constitute an acceptance of the` Work 'or parts so`occupied. 1n;addition, the use or ' occupancy of the Work'shali hot relieve the Contractor or the Contractor's Surety from any liability that has arisen, or may arise, from the performance-of the Work in-accordance-with-the-Contract Documents. The Owner will be responsible for any damage that occurs because,of the Owner's use or occupancy. 'Such use:or.occupancy of any part of the Work by the Owner does not waive the Owner's right Ito`;charge i the°Contractor1quidated damages in-accordance with the temps of the Contract GC 3.14 Claims, Negotiations,Mediation GC 3.14.01 Continuance of the Work 1 01 Unless the Contract has been terminated or completed, the Contractor shall in every case, after serving or receiving any notification of a claim or dispute;-verbal or written, continue to proceed with the Work with due diligence and expedition.`;It�is understood,by`the-parties that such;action will not jeopardize any claim it may have. GC 3.14.02 Record Keeping 01 Immediately upon commencing work which may result in a claim,-the Contractor shall keep Daily Work Records during the course of the Work,sufficient to substantiate the Contractor's claim, and the Contract Administrator will keep Daily WoW.Records to be used iwassessing the Contractor's claim, ' all in accordance with clause GC 8.02.07, Records. .02 The Contractor and the Contract Administrator shall reconcile their respective Daily Work Records on a daily basis,to simplify review of the claim,,when submitted. ' .03 The keeping of Daily Work Records by the Contract Administrator or the reconciling of such Daily Work Records with those of the Contractor shall not be construed to be acceptance of the claim. GC 3.14.03 Claims Procedure .01 The Contractor shall give verbal notice of any situation which may lead to a claim for additional payment immediately upon becoming aware of the situation.- .02 The Contractor shall provide written notice in the standard form "Notice of Intent to Claim" within 7 Days of the commencement of any part of the Work which may be affected by the situation. OPS GenwW CorWkk a of CoMr 4-SeMmbw 1999 Pale 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 314.04 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. 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 rpeet with the parties together and separately, as necessary, to review all aspects of the issue. In a final attempt to assist the parties in resolving the issue themselves prior to proceeding to arbitration the mediator shall provide,without prejudice, a non-binding recommendation for settlement , .04 The review by the mediator shall be completed within 90 Days following the opinion given in paragraph GC 3.14.03.05. .05 Each party is responsible for its own costs related to the use of the third party mediator process. The cost of the third party mediator shall be equally shared by the Owner and Contractor. GC 3.14.06 Payment .01 Payment of the claim will be made no later than 30 Days after the date of resolution of the claim or dispute. Such payment will be made according to the terms of Section GC 8.0, Measurement and Payment. Pop 14 OPS General Condkim of Contract-September 1999 1 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. tGC 3.15 Engineering Arbitration ' GC 3.15.01 Conditions for Engineering Arbitration .01 If a claim is not resolved satisfactorily through the negotiation stage noted in clause GC 3.14.04, Negotiations, or the mediation stage noted in clause GC 3.14.05, Mediation, either party may invoke the provisions,of subsection GC 3:15, Engineering Arbitration, by giving written notice to the other party. ' .02 Notification that arbitration shall be implemented to resolve the issue-shall be•communicated in writing as soon as''possible and 'no later,than`60"Days-following-the--opinion given in paragraph GC 3.14.03.05. Where the use of a third partymediator 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, 07, as amended,.zhall apply to -any arbitration conducted,hereunder except to-the.extent that they are modified by the express provisions of this subsection GC 3.15, Engineering Arbitration. GC 3.15.02 Arbitration Procedure .01 The following provisions are to be included in the agreement to arbitrate and are subject only to such right of appeal-as exist where'the arbitrator has exceeded'his or her jurisdiction or have otherwise ' disqualified him or herself a) All existing-actions inrespect'of the matters under arbitration will,be,stayed pending arbitration; b) All outstanding claims and matters to be settled are to be set out in a schedule to the agreement ' Only such claims and-matters as are in the schedule will be arbitrated;and c) Before proceeding with the arbitration, the Contractor shall confirm that all matters in dispute are set out in the schedule. ' GC 3.15.03 Appointment of Arbitrator .01 - The arbitrator shall be mutually agreed:upon`by-the Owner.and Contractor.:taadjudicate the dispute. ' .02 Where the Owner and Contractor cannot agree on a sole arbitrator within 30 Days of the notification of arbitration noted in paragraph GC 3.15.01.02, the Owner and the Contractor shall each choose an appointee within 37 Days of the notice of arbitration. 03 The appointees shall mutually agree upon an arbitrator to adjudicate the dispute within 15 Days after the last appointee was chosen or they shall refer the matter to the Arbitration and Mediation Institute ' of Ontario 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. i OPS General CwwWns of C x*vd-SepWrdw 1999 Pape 16 .06 The arbitrator is not bound b the rules of evidence which ovem the t y g trial of cases in court but may hear and consider any evidence which the arbitrator considers relevant. .07 The hearing will commence within 90 Days of the appointment of the arbitrator. , GC 3.15.04 Costs .01 The arbitrator's fee shall be equally shared by the Owner and the Contractor. ' .02 The fees of any independent experts and any other persons appointed to assist the arbitrator shall be shared equally by the Owner and the Contractor. , .03 The arbitration hearing shall be held in a place mutually agreed upon by.both parties or in the event the parties do not agree, a site shall be chosen by the arbitrator. The cost of obtaining appropriate ' facilities shall be shared equally by the Owner and the Contractor. .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 Contractor's operations expose any items which may indicate an archaeological find, such as building remains, hardware, accumulations of bones, pottery, or arrowheads, the Contractor shall immediately notify the Contract Administrator and suspend operations within the area identified by the Contract Administrator. Notification may be verbal provided that such notice is confirmed in writing within 2 Days. Work shall remain suspended within that area until otherwise directed by the Contract Administrator in writing, in accordance with subsection GC 7.09,Suspension of Work. ' .02 Any delay in the completion of the Contract that is caused by such a suspension of Work will be considered to be beyond the Contractor's control in accordance with paragraph GC 3.08.01. , .03 Any work directed or authorized in connection with an archaeological find will be considered as Extra Work in accordance with clause GC 3.11.02, Extra Work Pape 16 Oft Genml Conditions Of COMM-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.oerff=tesLsoIelysequired:.for Project approval. GC 4.03 Management and Disposition of Materials v'.'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. " " ''02'�in acoorbahoe`with�-egulations under the Odcupationaf Health and-Safety Act;R:S.O.:.1990;`c.O:1 as-:� amended,the Owner advises that a) the designated substances silica, lead and arsenic are generally present throughout the Working Area 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-oocur°as,�a result of activities=by the Contractor such as sweeping,grinding,crushing,drilling,blasting;cutting and abrasive Vasting. ' 03 The Owner will identify in the Contract- Documents any designated substances or hazardous materials other than those identified above and their location in the Working Area. -.04',If the Owner or Contractor discovers or is advised-of,the,presence..vf:designated .substances or - hazardous,materials which are in addition to those listed in .paragraph GC.4.03.02, or.not clearly identified in the Contract"-Documents-according-to,paragraph GG 4:03:03;-t we .verbal;notice will be provided to the other party immediately with written confirmation-within,2 flays »The Contractor will stop work in the area'immediately and wily determine the,necessary steps required to�complete the work in accordance with applicable legislation and regulation. ' 05' The Owner will be responsible'for any reasonable additional costs of removing, ,managing and disposing of any material'not identified in the Contract Documents,- or where conditions exist that could not have been reasonably foreseen at the-time-of tendering.,-All work under,this paragraph shall be deemed to be Extra Work. 06 Prior to commencement of the Work,the Owner will provide to the Contractor a List of those products controlled under the Workplace Hazardous Materials Information System or WHMIS, which the Owner will supply or use on the Contract,together with copies of the Materials-Safety Data Sheets for these products. All containers used in the application of products controlled under WHMIS shall be labelled. The Owner will notify the Contractor in writing of changes to the list and provide relevant Material Safety Data Sheets. OPS General Condit m or Contract-September 1 NO Paps 17 GC 4.04 Construction Affecting Railway Property 9 Y P rtY .01 The Owner will pay the costs of all flagging and other traffic control measures required and provided ' by the railway company unless such costs are solely a function of the Contractor's chosen method of completing the Work. GC 4.05 Default by the Contractor ' .01 The Contractor shall be in default of the Contract if, a) the Contractor fails to commence the Work or execute the Work property or otherwise fails to ' comply with the requirements of the Contract to a substantial degree; or b) if the Contractor is adjudged bankrupt or makes a general assignment for the benefit of creditors because of insolvency or if a receiver is appointed because of insolvency. GC 4.06 Notification of Default F_ .01 he Owner will give written notice of a default to the Contractor as soon as the Owner becomes aware of the alleged default but failure to give such notice in a timely way shall not constitute i condonation of the default The notice will include instructions to correct the default within 5 Working Days. GC 4.07 Contractor's Right to Correct a Default .01 The Contractor shall have the right within the 5 full Working Days following the receipt of a notice of default to correct the default and provide the Owner with satisfactory proof that appropriate corrective ' measures have been taken. .02 If the correction of the default cannot be completed within the 5 full Working Days following receipt of , the notice,the Contractor shall not be in default if the Contractor, a) commences the correction of the default within the 5 full Working Days following receipt of the notice; b) provides the Owner with an acceptable schedule for the progress of such correction;and c) completes the correction in accordance with such schedule. GC 4.08 Owner's Right to Correct Default , .01 If the Contractor fails to correct the default within the time specified in subsection GC 4.07, 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; Pays 18 OP8 General Conditions of Contract-September 1999 d) charge the Contractor the additional cost over the Contract price of completing the Work or portion thereof withdrawn from the Contractor, as certified by the Contract Administrator and any additional compensation paid to the Contract Administrator for such additional service arising from the correction of the default; e) charge the Contractor a reasonable allowance, as determined by the Contract Administrator, to tcover 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 subsection,`GC 4-.09,'_Temmnnabon..of..aContractoes Right to Continue the Work:the Owner will pay the'r 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,'the`Surety'-and-any trusteeror receiver-acting on behalf oUthe Contractor's',estate or creditors. ' 02 If the Owner elects to terminate the Contract the Owner will provide the Contractor and the trustee or receiver with a complete accounting to the date of termination. GC 4.12 Continuation of Contractor's Obligations .01 The`Contractor's obligation under-the Contract as to quality; correction and warranty of the Work performed prior to the time of termination of the Contract or termination of*the Contractor's right to continue with the Work in whole or in part shall continue to be in force after such termination. GC 4.13 Use of Performance Bond 01 If the Contractor is in default of the Contract and the,Contractorrhas,provided°a Performance Bond, the provisions of this Section shall be exercised,in accordance with the-conditions of the Performance Bond. OPS General Condidom of Contract-September I M Pape 19 SECTION C ' G 5.0-MATERIAL GC 5.01 Supply of Material ' .01 All Material necessary for the proper completion of the Work, except that listed as being supplied by the Owner, shall be supplied by the Contractor. The Contract price for the appropriate tender items shall be deemed to include full compensation for the supply of such Material. ' GC 5.02 Quality of Material .01 All Material supplied by the Contractor shall be new or unless otherwise specified in the Contract , Documents. .023 Material supplied by the Contractor shall conform to the requirements of the Contract ' .03 "As specified or as requested by the Contract Administrator, the Contractor shall make available for rnspection or testing a sample of any Material to be supplied by the Contractor. ` .04 )The Contractor shall obtain for the Contract Administrator the right to enter upon the premises of the Material manufacturer or supplier to carry out such inspection,sampling and testing as specified or a requested by the Contract Administrator. ' .06 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 , s; .. 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 5.01'._ Rejected Material .01 Rejected Material shall be removed from the Working Area expeditious) after the notification to that Y effect from the Contract Administrator. Where the Contractor fails to comply with such notice the Contract Administrator may cause the rejected Material to be removed from the Working Area and disposed of in what the Contract Administrator considers to be the most appropriate manner and the ' Contractor shall pay the costs of disposal and the appropriate overhead charges. GC 5.04 Substitutions .01 Where the specifications require the Contractor to supply a Material designated by a trade or other name, the Tender shall be based only upon supply of the Material so designated, which shall be regarded as the standard of quality required b the specification.the Contractor may a PP I t the Contract Administrator o 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. Pale 20 OPS General Conditions of Contract.8epMa"r 1999 .02 Rulings on a proposed substitution will not be made prior to the acceptance of the Tender. ' Substitutions shall not be made without the prior approval of the Contract Administrator. The approval or rejection of a-proposed substitution will be made at the discretion of the Contract Administrator. ' 03 If the proposed substitution is approved by the Contract Administrator, the Contractor shall be entitled to the first$1000 of the aggregate saving in cost by reason of such substitution and to 50% of any additional saving in cost in excess of such $1000. Each such approval shall be conveyed to the ' Contractor,in writing or'by:issuance` of a Certificate of Equality on the Owner's standard form of "Certification of Equality"'and=if any adjustment to the Contract prioe=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-4he WorK;zsuch,,:excess-Material shall .become the property of the-Contractor on completion of the Work and shall be charged to the Contractor at cost ' plus applicable overheads. GC 5.05.02 Care of Material .01 -The Contractor shall, in advance of receipt of shipments of Material.supplied by the.Owner, provide ''adequate-and properstorage facilities acceptable to the Contract Administrator,and on the receipt of such Material shall promptly place it in storage except where it is to be incorporated forthwith into the ' Work. .02 The Contractor shall be responsible for acceptance of Material supplied by the Owner, at the specified delivery point and for its safe handling and storage. If such•Material is damaged while ' under.the-control of the Contractor it=shall be replaced or.repaired by the Contractor at no expense to the Owner, and to the satisfaction of the Contract Administrator: If.such Material is rejected by the Contract Administrator#or reasons which are not the fault of the,Contractor it shall remain in:the care - and at the risk of the Contractor until its disposition has been determined by the Contract Administrator. .03 Where Material supplied by the Owner arrives at the delivery point in.a,damaged condition or where ' there are discrepancies between the quantities received,,and°the::quantities shown on the bills of lading, the Contractor shall immediately,:,report-such damage .or°discrepancies to the Contract Administrator who shall arrange for animmediate :inspection:..of:°:.the hipment and provide the ' Contractor with a written release from,responsibility for such'damage ortdeficiencies. 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. i OPS General Conditkm of Contract-Sepwrnber 1 M Pays 21 .06 The Contractor shall provide the Contract Administrator, immediately ediately 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 cost to the Owner. ■ Pepe 22 OPS General Conditions of Contract-September 1999 SECTION GC 6.0-INSURANCE, PROTECTION AND DAMAGE GC 6.01 Protection of Work,Persons and Properly .01 The Contractor, the Contractors 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 Contractors operations under the Contract unless indicated to the contrary below. :02' The Contractor is responsible for the full cost of any necessary temporary provisions and the restoration of all damage where the Contractor damages the Work or property in the performance of the Contract If the Contractor is not responsible for the damage that occurs to the Work or property the Contractor shall restore such damage, and such work shall be administered according to these General Conditions. ' .03 The Contractor shall immediately inform the'Contract Administrator of alVdamage 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, t 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 Owners permission. .05 The Contractor and his Surety or Sureties shall not be released from any term or provision of any responsibility, obligation or liability under the Contract or waive or impair any of the rights of the Owner except by a release duly executed by the Owner. GC 6.02 Indemnification .01 The Contractor shall indemnify and hold harmless the Owner and the Contract Administrator, their . agents, officers and employees from and against all claims, demands, losses, :expenses,>,.c:osts, damages; actions, suits` or proceedings.'by third parties, hereinafter called "claims", directly or indirectly arising or alleged to arise out of the performance of or the failure to perform the Work, provided such claims are, a) attributable'to bodily injury,sickness,disease, or death or to damage to or destruction of tangible ' property; b) caused by negligent acts or omissions-*of 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 Substantiat Performance of the Work as. "set out in'the Certificate of Substantial Performance of the Work or, where so specified in the Contract from the date of certification of Final Acceptance. 02 The Contractor shall indemnify and hold harmless the Owner from-all and every claim for damages, royalties or fees for the infringement of any patented invention or copyright occasioned by the Contractor in connection with the Work performed'or Material fumished by the Contractor under the ' Contract 03 The Owner expressly waives the right to indemnity for claims other than those stated above in paragraphs GC 6.02.01 and GC 6.02.02. .04 The Owner shall indemnify and hold harmless the Contractor, his agents, officers and employees from and against all claims, demands, losses, expenses, costs, damages, actions, sub, or proceedings arising out of the Contractors 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 Conditbna of Contract-September 1999 P"e 23 .05 The Contractor expressly waives the right to indemnity for claims other than those stated above in paragraph GC 6.02.04. GC 6.03 Contractor's Insurance GC 6.03.01 General .01 Without restricting the generality of subsection GC 6.02, Indemnification, the Contractor shall provide, maintain and pay for the insurance coverages listed under clauses GC 6.03.02 and GC 6.03.03. Insurance coverage in clauses GC 6.03.04, GC 6.03.05 and GC 6.03.06 will only apply when so , specified in the Contract Documents. GC_6.03.02 General Liability Insurance .01 General liability insurance shall be in the name of the Contractor, with the Owner and the Contract Administrator named as additional insureds, with limits of not less than 5 million'.dollars inclusive per 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 ' Insurance Bureau of Canada Form IBC 2100, dated 8-87. .02 -,Another form of insurance equal to or better than that required in IBC Form 2100 may be used, ' provided all the requirements listed in the Contract are included. Approval of this insurance will be conditional upon the Contractor obtaining the services of an insurer licensed to underwrite insurance in the Province of Ontario and obtaining the insurer's certificate of equivalency to the required 'insurance. ' .03 The insurance shall be maintained continuously from the commencement of the Work until 12 months following the date of Substantial Performance of the Work, as set out in the Certificate of Substantial Performance of the Work, or until the Final Acceptance Certificate is issued, whichever is later, and with respect to completed operations coverage for a period of not less than 24 months from the date of Final Acceptance of the Work as set out in the Final Acceptance Certificate, and thereafter to be maintained for a further period of 4 years. ' .04 The Contractor shall submit annually to the Owner, proof of continuation of the completed operations coverage and if the Contractor fails to do so, the limitation period for claiming indemnity described in paragraph GC 6.02.01 c),will not be binding on the Owner. .05 Should the Contractor decide not to employ Subcontractors for operations requiring the use of explosives for blasting,or pile driving or caisson work,or removal or weakening of support of property ' s L�uilding or land, IBC Form 2100 as required shall include the appropriate endorsements. i.•7cg r...: .06 The policies shall be endorsed to provide the Owner with not less than 30 Days' written notice in advance of cancellation,change or amendment restricting coverage. .07 "Claims Made"insurance policies will not be permitted. GC 6.03.03 Automobile Liability Insurance ' .01 Automobile liability insurance in respect of licensed vehicles shall have limits of not less than 5 million dollars,inclusive per occurrence for bodily injury, death and damage to property, in the following forms enorsed'to provide the Owner with not less than 30 Days' written notice in advance of any cancellation,change or amendment restricting coverage: a) standard non-owned automobile policy including standard contractual liability endorsement,and b) standard owner's form automobile policy providing third party liability and accident benefits Insurance and covering licensed vehicles owned or operated by the Contractor. Papa 24 OPS(WWW conditions of Contrast-SaPWftW 1999 1 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.„withAhe Owner and.the Contract Administrator named,as additional insureds, insuring,not.less I than._the sum.-iof.the..amount of the. Contract price and the full value, as may..be..stated,.in_the.SEupplementa l-General...Conditions, of Material that is.specified to be provided byahe:*.Owner<,for incorporation. nto::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..10 Days after.the date:of. ,• Final Acceptance of the Work,as set out in the Final Acceptance Certificate. GC 6.03.05.02 Boiler Insurance _. Boilerinaurance�insurin `the interests of the Contractor;the Ownerand the Contract Administrator for not less than the replacement value of boilers and pressure vessels.forming part of the Work, shall be in a form acceptable to the Owner. This insurance shall be maintained continuously from commencement of use or operation of the property insured until 10 Days after the date of Final Acceptance of the Work,as set out in the Final Acceptance Certificate. GC 6.03.05.03 -Use and Occupancy,of the'Work,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. -Prior to-such use or occupancy the Contractor shall notify the Owner in writing of the additional premium cost, if any, to maintain property and boiler insurance, which shall be at the Owner's expense. ,If because of such use or occupancy.the Contractor is.unable to t provide coverage; the Owner upon written notice from:-the:Contractorand-.prior o_s ytucb;:use.or,occupancy shall provide,-maintain and pay-for property'and.boilerAnsurance.insuring the.hill,-value of the Work, including coverage for such use or occupancy,-.and shall.provide.-the�Contracthr with-proof of such ' insurance • The Contractor shall refund to the Owner the unearned ipremiums 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 relative4o the extent of the loss or damage as the Contract Administrator may decide in consultation with the Contractor. ' On Generd Condit om of CorrzrW-SepWffftr 1999 Pepe 26 GC 6.03.05.04 Payment for Loss or Damage .01 The Contractor shall be entitled to receive from the Owner, in addition to the amount due under the Contract, the amount at which the Owner's interest in restoration of the Work has been appraised, such amount to be paid as the restoration of the Work proceeds and in accordance with the requirements of Section GC 8.0, Measurement and Payment. In addition the Contractor shall be entitled to receive from the payments made by the insurers the amount of the Contractor's interest in , the restoration of the Work. _ .02 The Contractor shall be responsible for deductible amounts under the policies except where such amounts may be excluded from the Contractor's responsibility by the terms of this Contract. .03 In the event of a loss or damage to the Work arising from the action or omission of the Owner or others, the Owner shall pay the Contractor the cost of restoring the Work as the restoration of the Work proceeds and in accordance with the requirements of Section GC 8.0, Measurement and Payment GC 6.03.06 Contractors Equipment Insurance .01 All risks Contractor's equipment insurance covering construction machinery and equipment used by the Contractor for the performance of the Work, including boiler insurance on temporary boilers and pressure vessels, shall be in a form acceptable to the Owner and shall not allow subrogation claims by the insurer against the Owner. The policies shall be endorsed to provide the Owner with not less than 30 Days' written notice in advance of cancellation, change or amendment restricting coverage Subject to satisfactory proof of financial capability by the Contractor for self-insurance of the 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, ' Contractors Insurance, or elsewhere in the Contract Documents,then the Owner will have the right to provide and maintain such insurance and give evidence thereof to the Contractor. The Owners cost thereof shall be payable by the Contractor to the Owner on demand. ' Page 26 OPS Owwal Conditiom of Contract-September 1999 I .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. 1 :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. 1 1 1 1 1 1 1 1 1 1 ' OPS General Conditions of Contrad-Septsrnber 1999 Paps 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, erection, operation,-maintenance and -removal of temporary structures and other temporary facilities and the design and execution of i construction methods required in their use. .05 �;-Notwithstanding paragraph GC 7.01.04, where the Contract Documents include designs for temporary structures and other temporary facilities or specify a method of construction in whole or part, such facilities and methods shall be considered to be part of the design of the Work, and the Contractor shall not be held responsible for that part of the design or the specified method of construction. The Contractor shall, however, be responsible for the execution of such design or ' specified method of construction in the same manner that the Contractor is responsible for the execution of the Work. .06 The Contractor shall execute the terms of the Contract in strict compliance with the requirements of the Occupational Health and Safety Act, R.S.O. 1990, c.0.1 (the "Act") and Ontario Regulation 213/91 (which regulates Construction Projects) and any other regulations under the Act (the "Regulations")which may affect the performance of the Work, as the "constructor"or"employer", as defined by the Act,as the case may be. The Contractor shall ensure that a) worker safety is given first priority in planning, pricing and performing the Work; b) its officers and supervisory employees have a working knowledge of the duties of a "constructor" ` and"employer"as defined by the Act and the provisions of the Regulations applicable to the Work, and a personal commitment to comply with them; c)°a copy of the most current version of the Act and the Regulations are available at the Contractor's office within the Working Area, or, in the absence of an office, in the possession of the supervisor .,responsible for the performance of the Work; d)�workers employed to carry out the Work possess the knowledge, skills and protective devices required by law or recommended for use by a recognized industry association to allow them to work in safety; , e) its supervisory employees carry out their duties in a diligent and responsible manner with due consideration for the health and safety of the workers;and f) all Subcontractors 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. Pais 28 OP8 General Conditions of Contrad-t3eptember 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 Contractors behalf. Prior to commencement of construction, the Contractor shall ' notify the Contract Administrator of the names,-addresses; positions and telephone numbers of_the,. Contractors 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.the purpose of-payment .11 The Contractor shalt prepare;and update as required,a,constnuctionschedule:indicating the timing of the major and critical activities of'the Work.-=The schedule-shall be designed to ensure conformity ' with the specified Contract Time. The schedule shall be submitted to the Contract Administrator -within 14 Days from the date of the Contract award. 12 Where the Contractor finds any°error, inconsistency or omission relating to 'the Contract, the ;Contractor-shall promptly report`it to the Contract Administrator and shall not proceed with`the activity 'affected until receiving-direction from the Contract Administrator. ' 13 The Contractor shall arrange with the appropriate utility authorities for the stake out of all underground utilities and service connections which may be affected by the Work. The Contractor shall be responsible for any damage done to the underground utilities by the Contractors,forces during construction I the stake'out locations are within the-tolerances-given in-paragraph GC 2.01.01 a). GC 7.02 Layout .01' Prior to commencement`of construction;the Contract,Administrator and the Contractor will locate on site those property bars, baselines and benchmarks which are necessary to delineate the Working ' Area and to lay out the Work,all as shown on the Contract Drawings. 02 The Contractor shall be responsible for-the preservation,.of all-property bars;while the Work is.in progress, except those property bars which must-.be. removedAD.facilitate::.,the Work. Any other 1 property bars disturbed, damagedlor removed by the Contractors operations shall be replaced by.an Ontario Land Surveyor,at the Contractors expense. .03 At no extra cost to,the'Owner, -the Contractor shall provide the Contract Administrator with such . fmaterials 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 Gensrel conditions of Contred•septwnbsr IM 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. GC7.03 Damage by Vehicles or Other Equipment .01 If at any time, in the opinion of the Contract Administrator, damage is being done or is likely to be done to any Roadway or any improvement thereon, outside the Working Area, by the 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 ''Where a vehicle is hauling Material for use on the Work, in whole or in part upon a Highway, and , where motor vehicle registration is required for such vehicle, the Contractor shall not cause or permit such vehicle to be loaded beyond the legal limit specified in the Highway Traffic Act, R.S.O. 1990, c.H.8, as amended, whether such vehicle is registered in the name of the Contractor or otherwise, except where there are designated areas within the Working Area where overloading is permitted. The Contractor shall bear the onus of weighing disputed loads. GC 7.05 Condition of the Working Area ' .01 The Contractor shall maintain the Working Area in a tidy condition and free from the accumulation of debris, other than that caused by the Owner or others. GC 7.06 Maintaining Roadways and Detours .01 Where an existing Roadway is affected by construction, it shall be kept open to traffic, and the Contractor shall, except as otherwise provided in this subsection, be responsible for providing and maintaining for the duration of the Work, a road through the Working Area, whether along an existing Highway, including the road under construction, or on detours within or adjacent to the Highway, in accordance with the MUTCD. , .02 1141e'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 cant'out snowplowing. .03 Where localized and separated sections of the Highway only are affected by the Contractor's operations, the Contractor will not be required to maintain intervening sections of the Highway until such times as these sections are located within the limits of the Highway affected by the Contractor's general operations under the Contract. .04 Where the Contract Documents provide for or the Contract Administrator requires detours at specific locations, payment for the construction of the detours, and if required, for the subsequent removal of the detours,will be made at the Contract prices appropriate to such work. ' ftP 30 OPS General Condltlom of contract-8eptember 1999 r r .05 The Contractor shall maintain, in a satisfactory condition for traffic, a road through the Working Area, r 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-Mhere work underthe'Contract is discontinued for any extended period including seasonal.shutdown, 'the Contractor shall, when directed by the Contract Administrator, open and place the Roadway and detours in a passable, safe and satisfactory condition for public travel. 07 Where the Contractor constructs a detour which is not specifically provided for, in the Contract Documents;or required by the Contract Administrator, the construction of the detour and, if required, the subsequent-removal shall be performed at the.Contractors expertise.,,.,The detour shall be constructed.'and °maintained to structural"and `geometric-standards"ppproved by the Contract Administrator: Removal and site restoration.'shall �>be performed.:as-directed by the Contract Administrator. .08 Where, with,the prior written approval of the Contract Administrator,the,Highway is dosed and the 'traffic`diverted'entirely off the Highway-to any'other Highway,the Contractor shall,at no extra cost to the Owner,,supply,'erect and maintain-traffic control devices in,acxordance with the MUTCD. - 09 Compliance withAhe foregoing-provisions shall in noway relieve the Contractor of obligations:under subsection'"GC 16.01-, °Protection -of"Work;"?ersons'and-'Property,!dealing:with the Contractor's responsibility for damage claims, except for claims arising on sections of Highway within the Working Area that are being maintained by others. GC 7.07 Access to Properties Adjoining the Work and Interruption of Utility Services ' .01 The Contractor shall provide at all times, and at no extra cost to the Owner, ap 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 l required and;we authorized by.the Contract Administrator,-the Contractor'shall give the affected-property'owhers notice in accordance with subsection GC 7.11, Notices by the Contractor,'and shall arrange such interruptions so as to create a minimum of interference to those affected. GC 7.08 Approvals and Permits .01 Except as"specified in subsection GC 4.02;Approval and Permits,the Contractor shall obtain and pay for any permits, licenses, and certificates which at the date of tender closing, are required for the performance of the Work .02 The Contractor shall arrange for all necessary inspections required by the approvals and permits 1 specified in paragraph GC 7.08.01. 1 rOPS General Conditions of contract-Sepurnbsr 1999 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 r .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 X` 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, ,the Contractor may, without prejudice to any other right or remedy the Contractor may have, by giving the Owner written notice,terminate the Contract. ' .03 The Contractor may notify the Owner in writing, with a copy to the Contract Administrator, that the Owner is in default of contractual obligations if, , a) the Contract Administrator fails to issue certificates in accordance with the provisions of Section GC 8.0, Measurement and Payment; gib) the Owner fails to pay the Contractor, within 30 Days of the due dates identified in clause GC 8.02.03, Certification and Payment, the amounts certified by the Contract Administrator or within 30 Days of an award by an arbitrator or court or c) the Owner violates the requirements of the Contract .04 The Contractor's written notice to the Owner shall advise that if the default is not corrected in the 7 Days immediately following the receipt of the written notice the Contractor may, without prejudice to any other right or remedy the Contractor may have,stop the Work or terminate the Contract .05 If the Contractor terminates the Contract under the conditions set out in this subsection, the Contractor shall be entitled to be paid for all work performed according to the Contract Documents and for any losses or damage as the Contractor.may sustain as a result of the termination of the Contract , GC 7x1:1 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 Geeeral Condltfom of contract-September 1999 r 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 ber required to, ' assume the risks,and responsibilities arising out of such obstruction, unless the location of the, obstruction is shown on the plans or described in the specifications and the location.so shown is _ within the tolerance specified in paragraph GC 2.01.01 a), or unless the presence and location of the obstruction has otherwise been made known to the Contractor or could have been determined by the visual site investigation made by the Contractor in accordance with these General Conditions. 03 During the course of the Contract, it is-the:Contractor's=responsibility;to>consultpwdh Utility companies or other appropriate authorities for furtherinformatiowin regard.tothe exactiocation of these Utiliities,. to exercise the necessary care in construction'operations;-and 4a-take-such-other.precautions as are necessary to safeguard the Utility from damage. 1 GC 7.13 Limitations of Operations 01 Except for such work as may required by the Contract Administratorto maintain the Work in a safe ' and satisfactory condition, the Contractor shall not cant' on operations under the;Contract on Sundays without permission in writing from the Contract Administrator. 02 The Contractor shall cooperate with other Contractors,Utility companies and the Owner and they shall be allowed access to their work or plant at all reasonable times. GC 7.14 Cleaning Up Before Acceptance .01` Upon attaining Substantial Performance of the Work, the Contractor shall remove surplus>materials, tools,construction.machinery and equipment not-required for the performance of-the remaining Work..,,: The Contractor shall also remove all temporary works and debris other than that caused by,.the ' Owner, or others and leave the Work and Working Area clean.and suitable for occupancy by the Owner unless otherwise specified. ' 02 The Work shall not be deemed to have reached Completion-xmtif the-Contractor has removed surplus materials, tools, construction machinery and.'equipment. The Contractor shall also have removed debris, other than that caused by the Owner,orothers. 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 1 Completion of the Work, c) where there is no Certificate of Substantial Performance, 12 months from the date of Completion of the Work as set out in the Completion Certificate, or OPS General Conditions of Contract-September 1999 Poke 33 d) such longer periods as may be specified for certain Materials or some of the Work. The Contract Administrator will promptly give the Contractor written notice of observed defects or deficiencies. , .03 The Contractor shall correct or pay for damage resulting from corrections made under the requirements of paragraph GC 7.15.02. W, 1 i 1 1 1 i page U OPS General Condon of Contract-September 1999 r r SECTION GC 8.0-MEASUREMENT AND PAYMENT ' GC 8.01 Measurement GC 8.01.01 Quantities r .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;World performed>will be either,by2,Actual Measurement or by Plan`Quantity principles as indicated,in the`Contr act"Adjustments°tol:PlamQuantity measurements will normally be made using Plan Quantity'principles but may;°where-appropriate, be made using Actual Measurements. Those`items'identified on"the Tender,by,the'notation (P) in`the.unit column �1 shall be paid ac cording,to'the'Plan,Quantity. Items where the notation (P) does not occur shall be paid according to Actual Measurement ' GC 8.01.02 Variations in Tender Quantities .01 Where it-appears that the quantity of Work to be done and/or-Material;to be supplied by the ' Contractor under a unit price tender item will exceed or be less than the tender quantity, the Contractor shall proceed to do the Work and/or supply the Material required to complete the tender item and payment will be made for the actual amount of Work done and/or.Material supplied.at the unit prices stated in the Tender except as provided below. a) In the�case of a Major Item where the quantity of Work performed and/or MateriaLsupplied by the Contractorexceedsthe tender quantity by more than 15%, ether-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/orMaterial supplied-which`exceeds 915% of the tender quantity:'The negotiation ' shall be carried out as soon as reasonably possible. Any revision of the unit price shall,be based on the reasonable cost of doing the Work and/or supplying the Material under the tender item plus 'a reasonable allowance for profit and applicable overhead. ' b),In,the case of a Major Item where the"quantity-of Work-performed'and/or°Material supplied by the Contractor is less than 85% of the tenderquantity, the Contractor may,make a written request to negotiate for the portion of the actualoverheads,and.fixed-,costs,applicable;to the amount of the ' underrun in excess of 15%of the tender quantity. For purposes,ofthe,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, 1 where both parties-agree,�an allowance equal to 10% of the unit price on the amount of the underrun in excess of 15%of the tender quantity will be paid. Written requests for compensation must be received no later than 60 Days after the issuance of the ' Completion Certificate. GC 8.02 Payment ' GC 8.02.01 Price for Work .01 Prices for the Work shall be full compensation for all labour, Equipment and Material required in its performance. The term "all labour, Equipment and Material" shall include Hand Tools, supplies and other incidentals. OPS General CowIftlons&Contract-September 1999 Pape W r .02 Payment for work not specifically detailed as part of any one item and without specified details y , 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',', 'B'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. ---ii: °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 a p yment can be made by the Owner. a d) The payment for all Materials shall be prorated against the appropriate tender item by paying for sufficient units of the item to cover the value of the material. Such payment shall not exceed 80% ' of the Contract price for the item. e) All Materials for which the Contractor wishes to receive advance payment shall be placed in the designated storage location immediately upon receipt of the material and shall thenceforth be held , by the Contractor in. trust for the Owner as collateral security for any monies advanced by the Owner and for the due completion of the Work. The Contractor shall not exercise any act of ownership inconsistent with such security, or remove any Material from the storage locations, except for inclusion in the Work,without the consent, in writing,of the Contract Administrator. ' f) Such materials shall remain at the risk of the Contractor who shall be responsible for any loss, damage,theft, improper use or destruction of the material however caused. .02 ;Where the Owner makes advance payments subject to the conditions listed in paragraph GC i 8.02.02.01, such payment shall not constitute acceptance of the Material by the Owner. Acceptance - shall 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. Pays 36 OPS General Conditions of Contract-September 1999 .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'Administratorwill set out in the Certificate of Subcontract Completion the date.on which ' the subcontract-was completed and within'? Days of:the'date"the subcontract is certified:complete, the Contract Administrator will give a copy of the.certificate to°the.Contractor°and lo.the Subcontractor concerned. ' GC 8.02.03.03 Subcontract Statutory Holdback Release Certificate-and Payment .01 Following'receiptof the Certificate of Subcontract.Completion, the-Owner will release and pay the ' Contractor the statutory holdback retained in respect of the.subcontract._:Such release:shall:,be made :46 Days after the date the subcontract�was certified-complete and:providingahe..Contractorsubmits the following to the Contract Administrator a) a documentsatisfactory 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.contracfbetween.the Contractor and.the Subcontractor and,a:satisfactory:statement showing the total:amount due the Subcontractor from the Contractor. ' .02 Paragraph GC 8.02.03.03.01 d), will only apply to Lump Sum Items and then only when,the Contract Administrator specifically requests it 03 Upon receipt of the statutory holdback, 'the Contractor-shallµforthwith, give:,the Subcontractor the payment due under the subcontract ' 04 Release of statutory Holdback by the Owner- in respect-of°a~subcontract shall not relieve the Contractor,or the Contractor's Surety, of any of their responsibilities. ' GC 8.02.03.04 Certification of Substantial Performance .01 Upon application by the Contractor and where the Contract has been substantially performed the Contract Administrator will issue a Certificate of Substantial Performance. ' .02 The Contract Administrator will set out in the Certificate of Substantial Performance the date.on which the Contract was substantially performed and within 7 Days after signing the said certificate the Contract Administrator will provide a copy to the Contractor. 03 Upon receipt of a copy of the Certificate of Substantial Performance,the Contractor shall forthwith, as required by Section 32(1) Paragraph 5 of the Construction Lien Act, R.S.O. 1990, c.C.30, as amended, publish a copy of the certificate in a construction trade newspaper. Such publication shall include placement in the Daily Commercial News. ' OPS General Condon of Contract-September 1999 Pape 37 .04 Where the Contractor fails to publish a copy of the Certificate of Substantial Performance as r v , equrred 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 Contractors expense. .05 Except as otherwise provided for in Section 31 of the Consbucdon Lien Act, the 45-day lien period prior to the release of holdback as referred to in clause GC 8.02.03.05, Substantial Performance Payment and Statutory Holdback Release Payment Certificates, shall commence from the date of ' publication of the Certificate of Substantial Performance as provided for above. GC 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 ' ", ment certificate. .02 die Substantial Performance Payment Certificate will show, ar . ` }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 payment , certificate releasing to the Contractor the statutory holdback due in respect of Work performed up to the date of Substantial Performance. Payment of such statutory holdback shall be due 46 Days after the date of publication of the Certificate of Substantial Performance but subject to the provisions of ' the Construction Lien Act and the submission by the Contractor of the following documents: a) a release by the Contractor in a form satisfactory to the Contract Administrator releasing the Owner from all further claims relating to the Contract, qualified by stated exceptions such as , " outstanding work or matters arising out of subsection GC 3.14, Claims, Negotiations, Mediation; b) a statutory declaration in a form satisfactory to the Contract Administrator that all liabilities incurred by th e Contractor and the Contractors Subcontractors in carrying out the.Contract have been `discharged except for statutory holdbacks properly retained; 'c) a satisfactory Certificate of Clearance from the Workplace Safety and Insurance Board;and d proof of publication of the Certificate of Substantial Performance. GC 8.02.03.06 Certification of Completion , .01 Upon application by the Contractor, and when the Contract reaches Completion, the Contract Administrator will issue a Completion Certificate. ' .02 The Contract Administrator will set out in the Completion Certificate the date on which the Work was completed and within 7 Days of signing the said certificate the Contract Administrator will provide a ' copy to the Contractor. Page 38 OPS General Conditions of Contract-September 1999 GC 8.02.03.07 Completion Payment and Completion Statutory Holdback Release ' Payment Certificates .01 When the Contract Administrator issues the Completion Certificate, the Contract Administrator will also issue the Completion Payment Certificate and the Completion Statutory Holdback Release Payment Certificate or where appropriate, a combined payment certificate. .02 The Completion Payment Certificate will show, ' a) measurement and value of Work at Completion; 'b) the amount of the further statutory holdback based on the value of further work.completed over 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,suoh statutory holdback shall be due 46 Days after the date of Completiortiof the Work as established by'theCompletion,Certificate but subject to the 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 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 -paymentis not received =if 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�certifed as'the date on.which the subcontract was completed; c) Subcontract Statutory Holdback Release Payment Certificate: 76 Days after the date on which the subcontract was completed; d) Substantial Performance Payment Certificate: 30 Days after the date of issuance of the certificate. e) Substantial Performance Statutory Holdback Release Payment Certificate: 76 Days after publication of the Payment Certificate of Substantial Performance; ' f) Completion Payment Certificate: 30 Days after the date certified as the date on which the Contract reached Completion; g),Completion.Statutory Holdback Release Payment Certificate: . 76 Days after the,date,certified as the date which the Work was completed. .02 If the Contractor has not complied with the requirements of the Contract, including all documentation requirements, prior to expiration of the time periods described in paragraph GC 8.02.03.09.01, interest will only begin to accrue when the Contractor has completed those requirements. OPS General Conditions of contract-September 1999 Pays 39 r. 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 t 3.14, Claims, Negotiations, Mediation, interest shall not be paid. ' :. .04,,�ftre,a Contractor fails to comply with the 30-day time limit and the procedures prescribed in pgragraph GC 3.14.03.03 for submission of claims, interest shall not be paid for the delay period. G68.02.43.11 Owner's Set-Off p .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 F including the cost to remedy deficiencies, the reduction in value of substandard portions of the Work, claims for damages by third parties which have not been determined in writing by the Contractor's "insurer, undetermined claims by the Owner under paragraph GC 8.01.02.01 a), any assessment due ' the Workplace Safety and Insurance Board and any monies to be paid to the workers in accordance „ with clause GC 8.02.06, Payment of Workers. .02 Under these circumstances the Owner will give the Contractor appropriate notice of such action. ' GC 8.02.03.12 Delay in Payment w V .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_8.02.04.01 Definitions .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 labour and supervision actively , and necessarily engaged on the Work based on the recorded time and hourly rates of pay for such labour and supervision, but shall not include any payment or costs incurred for general supervision, ' administration of management time spent on the entire Work or any wages, salary or Payroll Burden for which the Contractor is compensated by any payment made by the Owner for Equipment. Cost of Material: means the cost of Material purchased, or supplied from stock, and valued at current market prices, for the purpose of carving 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 Contractor's normal labour costs. Rented Equipment: means equipment that is rented or leased for the special purpose of Work on a Time ' and Material Basis from a person, firm or corporation that is not an associate of the lessee as defined by the Securities Act,R.S.O. 1990, c.S.5, as amended,and is approved by the Contract Administrator. Road Work: means the preparation, construction,-finishing and construction maintenance of roads, ' streets, highways and--parking'lotsr and includes all work incidental thereto other than work on structures. Sewer and 'Watermain' Work: means the preparation, construction, finishing. and .construction maintenance,of sewer systems and watermain systems, and includes all work incidental thereto other than - work on structures. Standby Time:',means any°period of time which is--not-considered'Working`Lun�and which together with ' the Working Time does not exceed-10 hours.innanyione kWorking Day.:and:during-which:time a unit of equipment cannot practically be used onotherworkbutanust:remain:onJbe::site..imorder to con.tinue.with its assigned task'and during which time the unit is in'fully operable condition. ' Structure Work: means,,the construction, reconstruction, repair,•'alteration, remodelling, renovation or "demolition of any bridge,building,tunnel or retaining wall and includes the preparation for and the laying of " the foundation of`any -bridge, building,-tunnel°or,°retaining wall and the installation of,`equipment and appurtenances incidental thereto. The 127 Rate: means the rate for a,unit of equipment as listed ln,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 lContract Administrator°for payment-on a Time land Material,basis. The Work on a lTime and Material'Basis'shall be+subject to all the terms, condfions, specifications and provisions of the ' Contract Working Time: means each period of time during which a unit of equipment is,actively and of necessity engaged on a specific•operation and the first 2 hours of each.immediately following.period during which, the unit is,not so engaged but'during which,4he.operation=is-otherwise--proceediragand.during,which 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...::. _ ' GC 8.02.04.02 Daily Work Records .01 Daily'Work Records prepares-as'the case'may be by either the Contractor's representative or the Contract'Administrator and repor ing•the labour and Equipment employed and the Material:used on each Time-and°Material project, shall-be~reconciled and signed each'day by both the Contractor's representative and the Contract Administrator. ' GC 8.02.04.03 Payment for Work .01 Payment as herein provided shall be full compensation for all labour, Equipment and Material to do ' the Work on a Time and Material Basis except where there is agreement to the contrary prior to the commencement of the Work on a Time and Material Basis. The payment adjustments on a Time and Material basis shall apply to each individual Change Order authorized by the Contract Administrator. OPS General Condkkxw of contract-September 1999 Pape 41 1 GC 8.02.04.04 Payment for Labour 4 � .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 Owners 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 ' 4 ost of the Material up to $3000, then at 115% of any portion of the Cost of Material in excess of =liVb00. GC 8-02.04.06 Payment for Equipment } GC 8.02.04.06.01 Working Time ' .01 The Owner will pay the Contractor for the Working Time of all equipment other than Rented Equipment and Operated Rented Equipment used on the Work on a Time and Material basis at The 127 Rates with a cost adjustment as follows: x,g 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. w .02 The Owner will pay the Contractor for the Working Time of Rented Equipment used on the Work on a 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. .03 The Owner will pay the Contractor for the Working Time of Operated Rented Equipment used on the , Work on a Time and Material Basis at 110% of the Operated Rented Equipment invoice price •- approved by the Contract Administrator prior to the use of the equipment on the Work on a,Time and Material Basis. , GC 8 x204:06.02 Standby Time .01 The Owner will pay the Contractor for Standby Time of Equipment at 35% of The 127 Rate or 35% of , the invoice price whichever is appropriate. The Owner will pay reasonable costs for Rented Equipment where this is necessarily retained in the Working Area for extended periods agreed to by the Contract Administrator. This will include Rented Equipment intended for use on other work, but ' has been idled due to the circumstances giving rise to the Work on a Time and Material Basis. .02 In addition, the Owner will include the Cost of Labour of operators or associated labourers who ' cannot be otherwise employed during the standby period or,during the period of idleness caused by the circumstances giving rise to the Work on a Time and Material Basis. .03 The Contract Administrator may require Rented Equipment Idled by the circumstances giving rise to , the Work on Time and Material Basis to be returned to the lessor until the work requiring the equipment can be resumed. The Owner will pay such costs as result from such return. i Page 42 OPS General Conditions of Contract-September I%* .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 arranges forWork•on a.Time and Material Basis,or..apart of it,to be-performed by .Subcontractors<.,on..,a ,Time -and,.,Material.obasis4: and,,.has-.3 received,approval;, prior to the commencement,-of.,such-'work °in accordance wither.:the,requirements 0f7�subsect1o�_GC. 3.10, Subcontracting by4 the Contractor;-,the-Owner will pay,the cost;of-Work,,on a Mme and Material Basis bytie.Subcontractor:calculatedes;ifthe.Contractorhad-donethe-Worlwna,FT�ro and:Material Basis, . . plus s-a markup calculated on the following basis: ' -a): 20%of the first$3,000; plus b) 15%of the amount from$3,000 to$10,000; plus c) 5%of the amount in excess of$10,000. 02 ­No furthermarkup,will be applied regardless-of4he extent to.which.the work is assigned or,sublet to ; others: If work is 7assigned:or,sublet.to an,associate,:as.defined:by;the,Securides.Act•no markup whatsoever will be applied. ' GC 8.02.04.09 Submission of Invoices .01 At the start-of the Work-on-a .Time and Material Basis, the Contractor,;shall,provide;.the:.applicable_. ' labour and-Equipment rates;not;already-submitted to,the Contract Administrator during the course of such work. 02 -Separate summaries shall be�completed by.the-Contractor according to the.standard form".Summary;; for Payment.-of Accounts:on a .Time.and Material Basis". Each summary shall.include,the order number and covering dates of the work and shall itemize separately.labour,.Materials and Equipment. . Invoices for Materials, Rented Equipment and other charges incurred by the Contractor on-the Work ' on a Time and Material Basis shall be included with each summary.- s03 Each month.the.Contract;AdmWstratorwi11 includ&with.th&monthly;progcess paycr�er,tc tificate, the costs of the 'Work on a Time and Material Basis incurred-during the preceding month all in ' ..accordance with.the contract administrative,procedures and the Contractors invoice of the Work-on a Time and Material Basis. .04 The-final"Summary for Payment of Accounts on a Time and Material Basis".shall be submitted by the Contractor within 60 Days after the completion of the Work on a Time and Material Basis. GC 8.02.05 Final Acceptance Certificate ..01 After.the .acceptance of .the Work•.the_Contract..Administrator.will issue the,Final. Acceptance Certificate, or, where applicable, after the Warranty Period has expired. The Final Acceptance Certificate will not be issued until all known deficiencies have been adjusted or corrected, as the case may be, and the Contractor has discharged all obligations under the Contract. OPS General Conditions of Conbud-September 1999 Pape 43 r GC 8.02.06 Payment of Workers • , .01 The Contractor shall, in addition to any fringe benefits, pay the workers employed on the Work in accordance with the labour conditions set out in the Contract and at intervals of not less than twice a month. .02 The Contractor shall require each Subcontractor doing any part of the Work to pay the workers employed by the Subcontractor on the Work in accordance with paragraph GC 8.02.06.01. .03 Where any person employed by the Contractor or any Subcontractor or other person on the Work is paid less than the amount required to be paid under the Contract, the Owner may set off monies in accordance with clause GC 8.02.03.11, Owners Set-Off. GC 8.02.07 Records ' .01 The Contractor shall maintain and keep accurate Records relating to the Work, Changes in the Work, Extra Work and claims arising therefrom. Such Records shall be of sufficient detail to support the 'total cost of the Work, Changes in the Work, and Extra Work. The Contractor shall preserve all such f-0 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 Contractors representative each day. .03 The Owner may inspect and audit the Contractors Records relating to the Work, Extra Work and ' Changes in the Work at any time during the period of the Contract. The Contractor shall supply certified copies of any part of its Records required whenever requested by the Owner. GC 8.02.08 Taxes and Duties , .01 Where a change in Canadian Federal or Provincial taxes occurs after the date of tender closing for this Contract, and this change could not have been anticipated at the time of bidding, the Owner will increase or decrease Contract payments to account for the exact amount of tax change involved. .02 Claims for compensation for additional tax cost shall be submitted by the Contractor to the Contract Administrator on forms provided by the Contract Administrator to the Contractor. Such claims for additional tax costs shall be submitted not less than 30 Days after the date of Final Acceptance. .03 Where the Contractor benefits from a change in Canadian Federal or Provincial taxes, the Contractor t 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. Pape 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 Pape 45 ( arm n Leading the Way Municipality of Clarington EXECUTED CONTRACT UH ■ engineers architects planners CORPORATION OF THE MUNICIPALITY OF CLARINGTON t STORM SEWER CONSTRUCTION OLD SCUGOG ROAD, HAMPTON AND STORM SEWER REPAIRS VARIOUS LOCATIONS ' CONTRACT NO. CL2002-36 SEPTEMBER 2002 UH ■ engineers architects planners TSH No. 12-29186 1 ' AGREEMENT THIS AGREEMENT made in quadruplicate this 22 nd day of October 2002 ' BETWEEN: RON ROBINSON LIMITED of the Regional Municipality of Durham and Province of Ontario ' hereinafter called the "Contractor" THE PARTY OF THE FIRST PART - and- the CORPORATION OF THE MUNICIPALITY OF CLARINGTON hereinafter called the "Purchaser" THE PARTY OF THE SECOND PART ' WITNESSETH, that the party of the first part, for and in consideration of the payment or payments specified in the tender for this work hereby agrees to furnish all necessary machinery, tools, ' equipment, supplies, labour, and other means of construction and, to the satisfaction of the Engineer, to do all the work as described hereafter, furnish all the materials except as herein otherwise specified, and to complete ' such works in strict accordance with the plans, specifications and tender therefore, all of which are to be read herewith and form part of this present agreement as fully and completely to all intents and purposes as though ' all the stipulations thereof have been embodied herein. ' Page 1 of 3 DESCRIPTION OF THE WORK AND LIST OF DOCUMENTS ' Contract No. CL2002-36, Storm Sewer Construction Old Scugog Road, Hampton and Storm Sewer Repairs Various Locations A. TENDER FORM: General Pages 1 and 2 ' Itemized Bid Page 3 Bonds Schedule of Tender Data Page 5 1 B. STANDARD TERMS AND CONDITIONS ' C. INSTRUCTIONS TO TENDERERS Pages 1 to 4 D. SPECIAL PROVISIONS - GENERAL Pages 1 to 13 ' E. SPECIAL PROVISIONS - TENDER ITEMS Pages 1 to 5 F. STANDARDS ' G. PLANS: Drawing No. 1 ' 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 OPSS No. Date ' 127 Current 314 Dec. 1993 353 Sept. 1996 510 Oct. 1993 128 Current 407 Nov. 2001 355 Sept. 1996 570 Aug. 1990 310 Mar. 1993 351 Sept. 1996 410 Apr. 1999 571 Nov. 2001 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 commencement date of October 29, 2002. rIN CONSIDERATION WHEREOF said party of the second part agrees to pay to the Contractor for all work done, the unit prices on the Tender. Page 2 of 3 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. 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 ) ) in the presence of ) ) ) ' SIGNED and sealed by the Purchaser ) Jo 6n Mutton, Mayor ) in the presence of ) ' P/29186/Specs/Agnxtnent.doc Patti L Barrie, Clerk Page 3 of 3 ' PROJECT: TENDER FOR CONTRACT NO. CL2002-36 STORM SEWER CONSTRUCTION, OLD SCUGOG ROAD, HAMPTON, AND STORM SEWER REPAIRS VARIOUS LOCATIONS 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: RON ROBINSON LIMITED Name 3075 Maplegrove Road ' BOWMANVILLE, Ontario. L1C 31.4 Address (include Postal Code) ' 905-796-0400 905-697-0581 Telephone and Fax Numbers Ronald D. Robinson 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:29186/Specs/19294-signingAm ' Page 1 of 5 pages ' TENDER CONTRACT NO. CL2002-36 To: The Mayor and Members of Council Corporation of the Municipality of Clarington Re: Contract No. CL2002-36 ' Storm Sewer Construction, Old Scugog Road, Hampton and Storm Sewer Repairs, Various Locations ' Dear Mayor and Members of Council: ' The Contractor has carefully examined the Plans, Provisions, Specifications and Conditions described herein as part of the work to be done under this Contract. The Contractor understands and accepts the said Plans, Provisions, Specifications and Conditions, and, for the prices set forth in this Tender, hereby offers to furnish ' all machinery, tools, apparatus and other means of construction, furnish all materials, except as otherwise specified in the Contract, and to complete the work in strict accordance with the said Plans, Provisions, Specifications and Conditions. ' The Contractor understands and accepts that the quantities shown are approximate only, and are subject to increase, decrease, or deletion entirely if found not to be required. Attached to this tender is a bid deposit in the amount specified in Clause 3 of the Instructions to Tenderers, made payable to the Authority. This cheque or bid bond shall constitute a deposit which shall be forfeited to the ' Authority if the successful Contractor fails to file with the Authority a 100% Performance Bond, and a 100% Labour and Material Payment Bond, satisfactory to the Authority within ten (10) calendar days from the date of receipt of Notice of Acceptance of the Tender. ' Notification of acceptance may be given and delivery of the form of Agreement made by prepaid post, addressed to the Contractor at the address contained in this Tender. Page 2 of 5 pages ITEMIZED BID CONTRACT NO. CL2002-36 In accordance with the first paragraph of this Tender, the Contractor hereby offers to complete the work specified for Contract No. CL2002-36 for the following unit prices. ' Spec. No. - The numbers in this column refer to the applicable issue of the Ontario Provincial Standard Specifications SP Refers to Special Provisions (P) - Plan Quantity Payment Item ll. p; STORM SEWER CONSTRUCTION- HAMPTON ' 1 410 150 mm Dia. PVC SDR 28 Storm Laterals, in 10 218.75 2,187.50 SP incl. Excavation Embedment, Native Backfill and Restoration 2 410 250 mm Dia. HDPE, Smooth Wall Storm in 91.5 224.00 20,496.00 SP Sewer, incl. Excavation Embedment, ' Native Backfill and Restoration 3 407 600 in x 600 mm Precast Catchbasins ea 2 1,418.75 2,837.50 SP (OPSD 705.010) ' 4 410 Connect Existing Sump Drains to CB No. 2 LS 187.50 SP 5 510 Removal of Sewers in 90 12.50 1,125.00 SP 6 510 Removal of Catchbasins ea 2 250.00 500.00 SP ' STORM SEWER REPAIRS - VARIOUS LOCATIONS 7 310, 314 Third Street, Bowmanville LS 2,012.50 353, SP ' 8 310, 314 Simpson Avenue and Southway Drive, LS 6,662.50 407, 570 Bowmanville 571, SP ' 9 310, 314 Parkway Crescent, Bowmanville LS 3,562.50 407, 570 571, SP ' 10 310, 314 Scugog Street, Bowmanville LS 2,200.00 353, 570 ' 571, SP - 11 310, 314 Nash Road, Courtice - Entrance to LS 8,887.50 353, 407 Parkway Condominiums 570, 571 SP 12 310, 314 Nash Road, Courtice - Between House No. LS 351, 353 1518 and House No. 1524 ITEM DELETED 355, 570 571, SP Total (excluding GST) 50,658.50 GST (7% of Total) 3,546.10 Tenderer's GST Registration No. R104620729............................ ' P:29186/Specs/ItemBid.xls Page 3 of 5 pages AGREEMENT TO BOND (to be completed by Bonding Company) CONTRACT NO. CL2002-36 ' WE, the Undersigned, HEREBY AGREE to become bound as Surety for RON ROBINSON LIMITED ' 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.CL2002-36, Storm Sewer Construction, Old Scugog ' Road, Hampton and Storm Sewer Repairs, Various Locations, Clarington, is accepted by the Authority. ' IT IS A CONDITION of this Agreement that if the above mentioned Tender is accepted, application for a Performance Bond and a Labour and Material Payment Bond must be made to the Undersigned within TEN (10) DAYS of Notice of Contract Award, otherwise the Agreement shall be null and void. ' DATED AT Toronto this 30th day of September 2002 The Guarantee Company of North America Name of Bonding Company Brian Edmunds (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 4 of 5 pages SCHEDULE OF TENDER DATA CONTRACT NO. CL2002-36 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 Page 3 Agreement to Bond Page 4 Schedule of Tender Data Page 5 B. STANDARD TERMS AND CONDITIONS ' C. INSTRUCTIONS TO TENDERERS Pages 1 to 4 ' D. SPECIAL PROVISIONS - GENERAL Pages 1 to 13 E. SPECIAL PROVISIONS - TENDER ITEMS Pages 1 to 5 F. STANDARDS G. PLANS: Drawing No. 1 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 OPSS No. Date 127 Current 314 Dec. 1993 353 Sept. 1996 510 Oct. 1993 128 Current 407 Nov. 2001 355 Sept. 1996 570 Aug. 1990 310 Mar. 1993 351 Sept. 1996 410 Apr. 1999 571 Nov. 2001 ' 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 Contract No. CL2002-36, executed by me/us bearing date the 2 nd day of October, 2002 and we have fully read all related documents to tender data as listed above. SIGNATURE ' POSITION: Vice-President (COMPANY SEAL) NAME OF FIRM: RON ROBINSON LIMITED This is Page 5 of 5 Pages to be submitted as the Tender Submission for Contract No. CL2002-36. 1 1 r 1 r r r CORPORATION OF THE MUNICIPALITY OF CLARINGTON CONTRACT NO. CL2002-36 r 1 r r r STANDARD TERMS AND CONDITIONS r STANDARD TERMS AND CONDITIONS ' The Municipality of Clarington's"Standard Terms and Conditions" shall apply to this Contract except where noted below. • Clause 8 of the "Standard Terms and Conditions" shall be superceded by Clause 6, "Payments" of the"Special Provisions—General" Section of the Contract. • Clause 15 of the "Standard Terms and Conditions" shall be superceded by Clause 1, "Guaranteed Maintenance" of the "Special Provisions—General" Section of the Contract. • Clause 16 of the "Standard Terms and Conditions" is not applicable to this Contract. • Clause 23 of the "Standard Terms and Conditions" shall be superceded by Clause 6.03.02 of the OPS General Conditions of Contract (September 1999)which requires a $5,000,000.00 liability coverage. • Clause 26 of the "Standard Terms and Conditions" shall be superceded by Clause 17, "Workplace Hazardous Materials Information System (WHMIS)". STANDARD TERMS AND CONDITIONS 1. DEFINITIONS Municipality-The Corporation of the Municipality of Clarington, its successors and assigns. Bidder-The person,firm or corporation submitting a bid to the Municipality. Company - The person, contractor, firm or corporation to whom the Municipality has awarded the contract, it successors and assigns. Contract - The purchase order authorizing the company to perform the work, purchase order alterations,the document and addenda, the bid, and surety. Subcontractor-A person,firm or corporation having a contract with the company for, or any part of, the work. Document - The document(s) issued by the Municipality in response to which bids are invited to perform the work in accordance with the specifications contained in the document Bid-An offer by a Bidder in response to the document issued by the Municipality. Work-All labour, materials, products, articles, fixtures, services, supplies, and ads required to be done,fumished or performed by the company,which are subject to the Contract 2. SUBMISSION OF BID Bid invitation shall be in accordance with the Municipality of Clarington Purchasing By-law#94-129 and will apply for the calling, receiving, and opening of bids. The Municipality will be responsible for evaluating bids,awarding and administering the contract in accordance with the Purchasing By-law. The bid must be submitted on the form(s) and in the envelope supplied by the Municipality unless ' otherwise provided herein. The envelope must not be covered by any outside wrappings,i.e.courier envelopes or other coverings. The bid must be signed by a designated signing officer of the Bidder. If a joint bid is submitted, it must be signed on behalf of each of the Bidders. The bid must be legible, written in ink, or typewritten. Any form of erasure, strikeout or over-writing must be initialled by the Bidder's authorized signing officer. The bid must not be restricted by a covering letter, a statement added, or by alterations to the document unless 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. 1 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. STANDARD TERMS AND CONDITIONS (continued) 3. CONTRACT The contract consists of the documents aforementioned. The contract and portions thereof take precedence in the order in which they are named above, 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 thereof. Work shall be subject to further inspection and approval by the Municipality. The Company shall be responsible for arranging the work so that completion shall be as specified in ' the contract Time shall be of the essence of the contract. STANDARD TERMS AND CONDITIONS (continued) 7. PRICING Prices shall be in Canadian Funds, quoted separately for each item stipulated, F.O.B. destination. Prices shall be 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 fabricaie 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. STANDARD TERMS AND CONDITIONS (continued) 9. PATENTS AND COPYRIGHTS-cont'd If the work or any part thereof is in any action or proceeding held to constitute an infringement, the company shall forthwith either secure for the Municipality the right to continue using the work or shall at the companys 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. STANDARD TERMS AND CONDITIONS (continued) 16. BID ACCEPTANCE The Municipality reserves the right to award by item, or part thereof, groups of items, or parts thereof, or all items of the bids and to award contracts to one or more bidders submitting identical bids as to price; to accept or reject any bids in whole or in part; to waive irregularities and omissions, if in so doing, the best interests of the Municipality will be served. No liability shall accrue to the ' Municipality for its decision in this regard. Bids shall be irrevocable for 90 days after the official closing time. SThe 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. STANDARD TERMS AND CONDITIONS (continued) 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 rcontract 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 (WSIB) Workplace Safety and Insurance Board Board has been received. ' The company shall, if the Municipality in its absolute discretion so desires, be required to satisfy fidelity bonding requirements by providing such bonding in an amount and form determined by the Municipality. ' Failure to fumish required surety within two weeks from date of request thereof by the Municipality shall make the award of the Contract by the Municipality subject to withdrawal. ' 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. STANDARD TERMS AND CONDITIONS (continued) 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 $3,000,000.00 inclusive per occurrence for third party Bodily Injury and Property Damage or such other coverage or amount as may be requested. The policy shall include the Municipality as an additional insured in respect of all operations performed by or on behalf of the Company. A certified copy of such policy or certificate shall be provided to the respective participant prior to commencement of the work. Further certified copies shall be provided upon request. 24. 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 dear 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. i STANDARD TERMS AND CONDITIONS (continued) 27. UNPAID ACCOUNTS The company shall indemnify the Municipality from all claims arising out of unpaid accounts relating to the work. The Municipality shall have the right at any time to require satisfactory evidence that the work in respect of which any payment has been made or is to be made by the Municipality is free and clear of liens, attachments, claims,demands, charges or other encumbrances. t 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(MFIPPA) 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. S/AdmiNForm"specs/cla"wrJ1w.. oc CORPORATION OF THE MUNICII'ALITY OF CLARINGTON ' CONTRACT NO. CL2002-36 1 INSTRUCTIONS TO TENDERERS P:29186/Specs/19295.doc 1 INDEX INSTRUCTIONS TO TENDERERS CONTRACT NO. CL2002-36 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/CONTRACTADMINISTRATOR.............4 ' 16. ADDENDA......................................................................................................................4 17. UTILITIES.......................................................................................................................4 PAGE ONE INSTRUCTIONS TO TENDERERS CONTRACT NO. CL2002-36 1. GENERAL SEALED Tenders plainly marked "Contract No. CL2002-36 " will be received until: 2:00:00 P.M., LOCAL TIME, WEDNESDAY, OCTOBER 2, 2002 and shall be address:d to: Mrs. Patti Barrie, Clerk Corporation of the Municipality of Clarington Municipal Administration Centre 40 Temperance Street BOWMANVILLE, Ontario. L1C 3A6 2. BLANK FORM OF TENDER One copy of the Tender, on the forms provided, shall be submitted. All information requested shall be shown in the tender, in the space provided. 3. TENDER DEPOSI'CS All tenders shall be ;accompanied by a certified cheque or a bid bond in the minimum amount defined below, mado payable to the Authority, as a guarantee for the execution of the Contract. vq�1 iii � �� i ` 4 j • „f'c 5,x $yM 20, h.. 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 P Y 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. CL2002-36 2. 4. BONDS The Contractor is required to provide a Performance Bond, and a Labour and Material Payment Bond, each in an amount equal to 100 percent of the Total Tender Amount, to guarantee his faithful performance of this Contract and his fulfillment of all obligations in ' respect of maintenance and payment for labour and materials used on this work. Each Bond shall be with a satisfactory Guarantee Surety Company, resident in Canada or authorized to carry on business in Canada. An Agreement to Bond must be submitted with the tender bid. Bonding company standard "Agreement to Bond" forms are acceptable. 5. RIGHT TO ACCEPT OR REJECT TENDERS The Authority reserves the right to reject any or all tenders or to accept any tender should it be deemed to be in its best interest to do so. Tenders which are incomplete, conditional or obscure, or which contain additions not called for, erasures, alterations, or irregularities of any kind, may be rejected as informal. Tenders will not be accepted unless submitted in the envelopes provided. 6. UNACCEPTABLE TENDERS Each item in the Tender Form shall include a reasonable price for such item. Under no circumstances will an unbalanced tender be considered. The Authority and the Contract Administrator will be the sole judge of such matters, and should any tender be considered to be unbalanced, then it will be rejected by the Authority. 7. ABILITY AND EXPERIENCE OF TENDERER The Authority reserves the right to reject any tender where satisfactory evidence of sufficient capital, plant and experience to successfully prosecute and complete the work in the specified time, is not furnished by the Tenderer. 8. PROVINCIAL SALES TAX Provincial Retail Sales Tax shall be included in tendered prices for material supplied under this Contract. ' INSTRUCTIONS TO TENDERERS CONTRACT NO. CL2002-36 3. 9. GOODS AND SERVICES TAX (GST) The Tenderer shall NOT include any amount in his tender unit prices for the Goods and Services Tax. The GST will be shown on each payment certificate and will be paid to the Contractor in addition to the amount certified for payment and will therefore not affect the Contract unit prices. 10. EXECUTE CONTRACT DOCUMENTS Tenders shall be open for acceptance for a period of 30 days after the closing date. After this time the tender may only be accepted with the consent of the successful Tenderer. The successful Tenderer shall execute the Contract Documents and furnish the required bonds within 10 calendar days of receipt of notification of Acceptance of Tender. Failure by the successful Tenderer to meet the above requirements will entitle the Authority to cancel the award of the Contract and to retain the tender deposit as compensation for damages sustained due to the successful Tenderer's default. The Authority may then award the Contract to one of the other Tenderers or take such other action as it chooses. 11. COMMENCEMENT OF WORK The successful Tenderer shall commence work at the site within 7 calendar days of the official commencement date as specified in the written order issued in accordance with GC7.01.02 of the General Conditions. 12. LOCATION The work is located on Old Scugog Road at the intersection with Mill Street, Hampton and at various locations as identified on the itemized bid sheet. 13. TENDERERS TO INVESTIGATE Tenderers must satisfy themselves by personal examination of the site and by such other means as they may prefer as to the actual conditions and requirements of the work. The Tenderer shall carefully examine all plans and profiles so that the unit prices tendered are commensurate with the nature of the work. It shall be the Contractor's responsibility to thoroughly inspect the site of the proposed works, determine the location of any buried or obstructing services and make satisfactory arrangements for interference with such service with the proper jurisdictional agency. ' INSTRUCTIONS TO TENDERERS CONTRACT NO. CL2002-36 4. 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: Ron Albright, P. Eng. 15. DEFINITION OF OWNERlAUTHORITY AND ENGINEER/CONTRACTADMINISTRATOR Wherever the word "Owner" or "Authority" or "Corporation" appears in this Contract, it shall ' be interpreted as meaning the Corporation of the Municipality of Clarington. Wherever the word "Ministry", "M.T.C." or "M.T.O" appears it shall be deemed to mean the "Ministry of Transportation, Ontario" or the "Corporation of the Municipality of Clarington. Wherever the word "Contract Administrator" or "Engineer" appears in this Contract it shall be deemed to mean the Consultants, Totten Sims Hubicki Associates, or such other officers, as may be authorized by the Authority to act in any particular capacity. 16. ADDENDA The Contractor shall ensure that all addenda issued during the tendering period are attached as part of the submitted bid. Failure to do so will result in disqualification of the bid. 17. UTILITIES Plans illustrating proposals for the relocation of utilities are available for inspection at the office of the Contract Administrator. For additional information regarding existing utilities the Contractor may contact the following personnel: Hydro One Enbridge Consumers Gas Mr. Jim Hisson Mr. Frank Cholewa Tel: 800-347-8842 Tel: 800-361-0621 Ext. 3318 Ext. 2672 Bell Canada Cable TV Mr. Mark Clarey Ms. Cindy Ward Tel: 905-433-3632 Tel: 905-436-4138 CORPORATION OF THE MUNICIPALITY OF CLARINGTON CONTRACT NO. CL2002-36 SPECIAL PROVISIONS - GENERAL P:29186/Specs/19296.doc INDEX SPECIAL PROVISIONS-GENERAL CONTRACT NO. CL2002-36 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. PAYMENTS.......................................................................................................3 7. UTILITIES.........................................................................................................4 8. HAUL ROADS ...................................................................................................4 9. DUST CONTROL................................................................................................4 10. TRAFFIC CONTROL, FLAGGING.........................................................................5 a11. CONTRACTOR'S SUPPLY OF CONSTRUCTION SIGNS............................................5 12. MAINTENANCE OF TRAFFIC..............................................................................5 13. EMERGENCY AND MAINTENANCE MEASURES ...................................................6 14. ENGINEERING FIELD OFFICE.............................................................................6 15. MANAGEMENT AND DISPOSAL OF EXCESS MATERIAL........................................7 16. OCCUPATIONAL HEALTH AND SAFETY ACT 1991 -DESIGNATED SUBSTANCES.....7 17. WORKPLACE HAZARDOUS MATERIAL INFORMATION SYSTEM (WHMIS) ..............8 18. SPILLS REPORTING ...........................................................................................8 19. PROTECTION OF WATER QUALITY.....................................................................9 20. TRAFFIC AND STREET SIGNS.............................................................................9 21. GARBAGE COLLECTION .................................................................. 10 22. ASPHALT MIX DESIGNS................................................................................... 10 23. DELIVERY OF TEST SAMPLES.......................................................................... 10 24. PREPARATION AND POSTING OF REQUIREMENTS FOR WORK IN CONFINED SPACES.......................................................................................................... 10 25. CONFINED SPACE ENTRY................................................................................ 11 26. ENTRY ONTO PRIVATE PROPERTY................................................................... 11 27. STORAGE AREAS ............................................................................................ 11 28. CONSTRUCTION LIEN ACT .............................................................................. 11 29. PROPERTY OWNER'S RELEASE OF PRIVATELY OWNED LAND USED BY THE CONTRACTOR................................................................................................ 13 ' PAGE ONE SPECIAL PROVISIONS - GENERAL ' CONTRACT NO. CL2002-36 1. GUARANTEED MAINTENANCE ' Section GC7.15.02 of the General Conditions is revised in that the Contractor shall guarantee and maintain the entire work called for under this Contract for a period of twenty-four (24) months. ' The Contractor shall make good in a permanent manner, satisfactory to the Authority, any and all defects or deficiencies in the work, both during the construction and during the period of maintenance as aforesaid. The Contractor shall commence repairs on any work identified as ' defective under this clause within 48 hours of receipt of notice from the Authority or the Contract Administrator. ' The decision of the Authority and the Contract Administrator shall be 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 GC 1.06. ' (2) Progress of the Work and Contract Time ' The charging of working days shall commence on Tuesday, October 29, 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 Certificate of Completion issued in accordance with GC8.02.03.06. t ' SPECIAL PROVISIONS-GENERAL CONTRACT NO. CL2002-36 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 ($1000.00) 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. 1 The Authority may deduct any amount under this paragraph from any moneys that may be due or payable to the Contractor on any account whatsoever. The liquidated damages payable under this paragraph are in addition to and without prejudice to any other remedy, action or other alternative that may be available to the Authority. 3. CONTRACTOR'S AUTHORIZED REPRESENTATIVE Authorized representative as referenced in GC7.01.09 is 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. CL2002-36 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 1 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. PAYMENTS ' Except as herein provided, payments under this Contract will be made in accordance with Section GC8.02.03 of the General Conditions. Notwithstanding the provisions of the General Conditions respecting certification and payment, the Authority may withhold 2-1/2 percent of the total value of work performed beyond the expiration of 46 days from the date of publication of the Certificate of Substantial Performance, to enable the Contract Administrator to produce the final detailed statement of the value of all work done and material furnished under the Contract. As a condition of holdback reduction from 10% to 2-1/2%, the Contractor shall supply a Statutory Declaration as defined in GC8.02.03.07 03)(b) 1 and advertise the Certificate of Substantial Performance per GC8.02.03.04(03). The Completion Payment Certificate to include statutory holdback release, will be issued within 120 days after the date for completion as specified under GC1.06. The date for interest due to late payment shall commence following 180 days after the date of completion of the work. As a condition of the final holdback payment, the Contractor shall provide the required Property Owner's Releases as specified elsewhere, as appropriate. The Contractor shall include in his price for the publication of the Certificate of Substantial Performance. Publication is mandatory whether Contractor requests Substantial Performance or not. The Contractor is advised that the Authority may withhold payment on Interim and Holdback Release Certificates up to 30 calendar days from the date of receipt of the executed Payment Certificates. ' SPECIAL PROVISIONS-GENERAL CONTRACT NO. CL2002-36 4. 7. 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. ' 8. 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. 9. DUST CONTROL As a part of the work required under Section GC7.06 of the General Conditions, the Contractor shall take such steps as may be required to prevent dust nuisance resulting from his operations either within the right-of-way or elsewhere or by public traffic where it is the Contractor's responsibility to maintain a roadway through the work. Where the work requires the sawing of asphalt or the sawing or grinding of concrete, blades and grinders of the wet type shall be used together with sufficient water to prevent the incidence of dust, wherever dust would affect traffic or wherever dust would be a nuisance to residents of the area where the work is being carried out. The cost of all such preventative measures shall be borne by the Contractor except however where water or calcium chloride is used to reduce the dust caused by traffic on a roadway which it is the Contractor's responsibility to maintain for public traffic, the cost of such quantities of water and calcium chloride as are authorized by the Contract Administrator to restrict dust to acceptable levels, shall be paid for by the Authority at the contract prices for Application of Water or Application of Calcium Chloride. ' SPECIAL PROVISIONS - GENERAL CONTRACT NO, CL2002-36 5. 10. 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. ' 11. 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: TC-1 Construction 2 TC-3R Lane Closed Ahead 2 TC-3tR Right Lane Closed 2 TC-41A Construction Zone Begins 1 TC-41B Construction Zone Ends 1 Traffic controls shall be operational before work affecting traffic begins. 12. MAINTENANCE OF TRAFFIC ' The following traffic maintenance arrangements shall be in effect during work on this Contract. Old Scugog Road may be reduced to one lane of traffic during the working day. The intersection with Mill Street shall remain open to traffic. SPECIAL PROVISIONS -GENERAL CONTRACT NO. CL2002-36 6. It is the intention of the Contract that every reasonable effort shall be made to provide vehicular access to homes and other properties within the limits of work operations at the end of each working day. The Contract Administrator shall review road closures with the Contractor to ensure that the full roadway is reopened to traffic at the earliest opportunity. 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. Notwithstanding the preceding, the Contractor shall at all times maintain the roadway surface within the contract limits in a condition satisfactory to the Engineer and such that any emergency vehicles may have immediate access to any building located within the limits of this Contract. The Contractor shall be responsible for all signing at the contract limits and within the contract limits. The Contractor shall ensure the signing is properly maintained while in use. It shall be the Contractor's responsibility to directly notify Police, Fire, Hospital and Ambulance services of road closures at least 24 hours in advance of such closures and to notify these same authorities ' when such closures are no longer in effect. It is the Contractor's responsibility to advertise all road closures in local newspapers a minimum ' of one week in advance of such closure. The newspaper advertisement shall indicate the date of closing of the roadway and the length of time for which the road will be closed. This advertising is in addition to the notification required for Police, Fire, Hospital and Ambulance as indicated ' above. The Contractor shall be responsible for all detour signing outside the contract limits. 13. 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. 14. ENGINEERING FIELD OFFICE I 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. CL2002-31 7. ' 15. 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. 16. OCCUPATIONAL HEALTH AND SAFETY ACT 1991 -DESIGNATED SUBSTANCES ' In accordance with the requirements of Section 18a(l) of the Occupational Health and Safety Act, the Authority has determined that the designated substances as listed hereunder are present on the site and within the limits of this Contract. Zti D i entifi Site Location U stance Acrylonitrile No Arsenic No Asbestos No Benzene No Coke Oven Emissions No Ethylene Oxide No Isocynates No Lead No Mercury No Silica No Vinyl Chloride No SPECIAL PROVISIONS-GENERAL CONTRACT NO. CL2002-36 8- ' It is the responsibility of the Contractor to ensure that all sub-contractors performing work under this Contract have received a copy of this specification, where Designated Substances are identified as being present at the site of the work. The Contractor shall comply with the governing Ministry of Labour Regulations respecting protection of workers, removal, handling and disposition of the Designated Substances ' encountered on this Contract. Prior to commencement of this work, the Contractor shall provide written notification to the Ministry of the Environment at 7 Overlea Boulevard, Toronto, Ontario M4H 1A8, of the ' location(s) proposed for disposal of Designated Substances. A copy of the notification shall be provided to the Contract Administrator a minimum of two weeks in advance of work starting. In the event that the Ministry of the Environment has concerns with any proposed disposal location, further notification shall be provided until the Ministry of the Environment's concerns have been addressed. ' All costs associated with the removal and disposition of Designated Substances herein identified, shall be deemed to be included in the appropriate tender items. Should a Designated Substance not herein identified be encountered in the work, then management of such substance shall be treated as Extra Work. ' The requirements of Section GC4.03 of the General Conditions of the Contract shall apply. 17. WORKPLACE HAZARDOUS MATERIAL INFORMATION SYSTEM (WHIVIIS) ' Reporting Section GC4.03.06 is deleted and replaced with the following: Prior to the commencement of work the Contractor shall provide, to the Contract Administrator, a list of those products controlled under WHMIS which he expects to use on this Contract. Related Material Safety Data Sheets shall accompany the submission. All containers used in the ' application of products controlled under WHMIS shall be labelled. The Contractor shall notify the Contract Administrator of changes to the list in writing and provide the relevant Material Safety Data Sheets. 18. SPILLS REPORTING Spills or discharges of pollutants or contaminants under the control of the Contractor, and spills or discharges of pollutants or contaminants that are a result of the Contractor's operations that cause or are likely to cause adverse effects shall forthwith be reported to the Contract Administrator. Such spills or discharges and their adverse effects shall be as defined in the Environmental Protection Act R.S.O. 1980. SPECIAL PROVISIONS-GENERAL CONTRACT NO. CL2002-36 9. ' All spills or discharges of liquid, other than accumulated rain water, from luminaires, internally illuminated signs, lamps, and liquid type transformers under the control of the Contractor, and all ' spills or discharges from this equipment that are a result of the Contractor's operations shall, unless otherwise indicated in the Contract, be assumed to contain PCB's and shall forthwith be reported to the Contract Administrator. ' This reporting will not relieve the Contractor of his legislated responsibilities regarding such spills or discharges. 19. PROTECTION OF WATER QUALITY ' At all times, the Contractor shall maintain existing stream flows and shall control all construction work so as not to allow sediment or other deleterious materials to enter streams. No waste or surplus organic material including topsoil is to be stored or disposed of within 30 metres of any watercourses. Run-off from excavation piles will not be permitted to drain directly into watercourses but shall be diffused onto vegetative areas a minimum of 30 metres from the watercourse. Where this measure is not sufficient or feasible to control sediment entering the watercourses, sedimentation traps or geotextile coverage will be required. If dewatering is required, the water shall be pumped into a sedimentation pond or diffused onto vegetated areas a minimum of 30 metres from the watercourses and not pumped directly into the watercourses. ' No machinery shall enter the creek bed of any watercourse. Movement of construction equipment in the vicinity of any creeks shall be limited to the minimum required for construction. ' The Contractor shall not carry out equipment maintenance or refueling or store fuel containers within 100 metres of any watercourse. The Contractor shall not stockpile construction debris or empty fuel/pesticide containers within the Contract limits. ' 20. TRAFFIC AND STREET SIGNS The Contractor will be responsible for the removal and salvage of existing traffic and street signs, and their delivery to the Authority's Works Department Yard, for re-erection by the Authority following completion of the work. Scheduling for sign removal shall be as approved in advance by the Contract Administrator. ' Regulatory signs such as "Stop" and "Yield" must be maintained throughout. ' SPECIAL PROVISIONS-GENERAL CONTRACT NO, CL2002-36 10. ' 21. GARBAGE COLLECTION The Contractor will be responsible for ensuring that garbage collection, including recyclables, is maintained and when necessary, the Contractor shall make arrangements directly with the collecting agency, to permit and coordinate pick-up. Garbage pick up is handled by Canadian Waste Services at 1-800-789-8886. Recyclable material is handled by Miller Waste Systems at ' 905-723-8588. 22. ASPHALT MIX DESIGNS The Contractor shall be responsible for the provision of current mix designs for all hot mix asphalt required for the work, or for having the necessary mix designs prepared by a certified ' laboratory. The mix designs proposed for use by the Contractor shall be submitted in writing to the Contract Administrator for his approval and no work shall commence until the design mixes are approved. All costs associated with the provision of approved mix designs shall be borne by the Contractor. Steel slag and blast furnace slag coarse and fine aggregates shall not be used in any hot mix required by this Contract. 23. DELIVERY OF TEST SAMPLES ' The Contractor shall include in his tender prices for the cost of delivery of concrete test cylinders and asphalt samples to a designated testing laboratory. For this contract the designated testing laboratory is 100 Scotia Court in Whitby. 24. PREPARATION AND POSTING OF REQUIREMENTS FOR WORK IN CONFINED SPACES Clause GC7.01.06 of the OPS General Conditions of Contract is amended by the addition of the ' following: Detailed written procedures addressing the confined space requirements of the Occupational Health and Safety Act and Ontario Regulations for Construction Projects, Ontario Regulation 213/91, shall be clearly posted at the project site and available to all personnel, including the Contractor's workers, Authority staff, Contract Administrator, and Ministry of Labour inspectors. ' The procedures must include the rescue procedures to be followed during a rescue or evacuation of all personnel from an unsafe condition or in the event of personal injury. The Contractor shall have personnel trained in rescue procedures readily available on site. SPECIAL PROVISIONS-GENERAL CONTRACT NO. CL2002-36 11. 25. CONFINED SPACE ENTRY Without relieving the Contractor of his responsibilities under the Occupational Health and Safety Act the Contractor shall be responsible for the supply of personal protective equipment for the use of the Contract Administrator, in connection with confined space entry while the Contractor is operating on site. ' The following equipment shall be made available on request: • Mechanical Ventilation Equipment • Gloves • Gas Detector (C95-80) • Full body harness securely attached to a rope ' Rope • Gas mask or dust, mist or fume respirator(optional) • 30 minute self-contained breathing apparatus (need not be worn but, if required, be readily available to supply air for instant egress) • 7 minute Escape Pack • Explosion-proof temporary lighting ' Adequate clothing to ensure protection against abrasions and contamination. In addition the Contractor shall provide a competent person who shall inspect all safety equipment prior to use to ensure that it is in good working order and appropriate for the task at hand. ' 26. 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. 27. 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. 28. CONSTRUCTION LIEN ACT The Contractor shall give the Authority notice in writing, immediately, of all lien claims or potential lien claims coming to the knowledge of the Contractor or his agents. SPECIAL PROVISIONS-GENERAL CONTRACT NO. CL2002-36 12. When a claim for lien is filed by a Subcontractor, labour or material supplier or equipment renter acting under the Contractor, and proceedings are commenced by the Authority to vacate the lien, the Contractor agrees and shall forthwith pay to the Authority, in addition to their reasonable legal fees therefore, all interest costs and expenses incurred by the Authority and an additional sum equal to ten percent (10%) of the sum found to be owing as liquidated damages, and such remedy shall be in addition to any other remedy available to the Authority under the Contract Documents. Where any lien claimant asks from the Authority the production for inspection of the Contract Documents or the state of the accounts between the Authority and the Contractor, the Contractor shall be liable for an administration fee of Two Hundred Dollars ($200.00) for each request made as compensation for the preparation of such accounting or for the preparation of the Contract, or both, as the case may be, and the Contractor acknowledges that such administrative fee shall be properly deductible, if the Authority should so choose, from monies otherwise payable to the Contractor under the terms of the Contract Documents. ' Where an application is brought to a judge of a competent jurisdiction to compel production of any particular document to a lien claimant, the Contractor further agrees to indemnify the Authority from reasonable legal fees incurred in appearing on such an application and in addition ' agrees to pay to the Authority its reasonable costs incurred in producing such documents to the extent that the same is made necessary under the disposition of the matter by such judge, and the Contractor further agrees that such reasonable costs and fees incurred by the Authority as stated herein may be properly deductible from monies otherwise payable to the Contractor under the terms of the Contract Documents. SPECIAL PROVISIONS-GENERAL CONTRACT NO. CL2002-36 13. 29. PROPERTY OWNER'S RELEASE OF PRIVATELY OWNED LAND USED BY THE CONTRACTOR Upon completion of the Contract, the Contractor shall provide the Authority with two (2) copies of a form of release signed by each property owner, upon whose land he has entered for purposes associated with the Contractor's operations but not for the purpose of undertaking works stipulated in the Contract: Date ....................... To: Mr. A. S. Cannella, CET, Director of Engineering Services Corporation of the Municipality of Clarington Municipal Administration Centre, 40 Temperance Street BOWMANVILLE, Ontario L1C 3A6 Re: Contract No. CL2002-36 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 i SCHEDULE (C) CONTRACTOR SAFETY POLICY AND PROCEDURE Continued... ' HEALTH AND SAFETY PRACTICE FORM SCHEDULE W To Contractor(s): The Municipality of Clarington is committed to a healthy and safe working environment for all workers. To ensure the Municipal workplace is a healthy and safe working environment, contractors, constructors and subcontractors must have knowledge of and operate in compliance with the Occupational Health and Safety Act and any other legislation pertaining to employee health and safety. In order to evaluate your company's health and safety experience, please provide the accidentrncident and/or Workplace Safety and Insurance Board (WSIB) information noted below, where applicable. • The New Experimental Experience Rating (NEER) -The WSIB experience rating system for non-construction rate groups ............................................................................................. 10 The Council Amended Draft#7(CAD-7) Rating -The WSIB experience rating system for construction rate groups ............................................................................................. • Injury frequency performance for the last two years -This may be available from the contractor's trade association ............................................................................................. 1 • Has the contractor received any Ministry of Labour warn ings or orders in the last two years? if the answer is yes, please include the infraction). • Confirmation of Independent Operator Status -The WSIB independent operator number assigned: (Bidders to include the letter confirming this status and number from WSIB with their bid submission.) ICHEDULE (C) ONTRACTOR SAFETY IOLICY AND PROCEDURE Continued... CONTRACTOR'S STATEMENT OF RESPONSIBILITY As a contractor working for the Municipality of Clarington, Itwe 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"Ad); and b) have sufficient knowledge and training to perform all matters required pursuant to this contract/tender safely and in compliance with the Act. 2. In the performance of all matters required pursuant to this contract/tender,the contractor/successful tenderer shall, a) act safely and comply in all respects to the Act, and b) ensure that its employees, it subcontractors and their employees act safely and complying all respects with the Act. 3. The contractor/successful tenderer shall rectify any unsafe act or practice and any non- compliance with the Act at its expense immediately upon being notified by any person of the existence of such act, practice or non-compliance. 4. The contractor/successful tenderer shall permit representatives of the Municipality and the Health and Safety Committee on site at any time or times for the purpose of inspection to determine compliance with this contractor/tender. 5. No act or omission by any representative of the Municipality shall be deemed to be an assumption of any of the duties or obligations of the contractodsuccessful tenderer or any of its subcontractors under the Act. 16. 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 contractAender, I rHEDULE (C) NTRACTOR SAFETY IOLICY AND PROCEDURE Continued... b) against any action or claim, and costs related thereto, brought against the Municipality by any person arising out of any unsafe act or practice or any non-compliance with the Act by the contractor/successful tenderer or any of its employees, its subcontractors or their employees in the performance of any matter required pursuant to this contract/tender, and c) from any and all charges,fines, penalties, and costs that may be incurred or paid by the Municipality(or any of its council members or employees) shall be made a party to any charge under the Act in relation to any violation of the Act arising out of this contract/tender. .ntractor .................:..........................................Name of Person Signing for Contractor .......................................................................................................................... ignature of Contractor Date r SCHEDULE (C) CONTRACTOR SAFETY DATE &TIME OF INFRACTION: DESCRIPTION OF INFRACTION INCLUDING LOCATION: ORDER GIVEN BY MUNICIPALITY: DID:HE CONTRACT OR COMPLY WITH THIS ORDER? DATE&TIME OF COMPLIANCE: ISSUED TO: CONTRACTOR'S EMPLOYEE TITLE ISSUED BY: ff MUNICIPAL EMPLOYEE, DEPARTMENT TITLE PART"C"-ADDITIONAL COMMENTS THIS SECTION IS TO BE USED INTERNALLY TO RECORD ADDITIONAL COMMENTS SUBSEQUENT TO ISSUING THE WARNING/STOP WORK ORDER, I.E. DATE AND TIME WORK RESUMED, FURTHER ACTION TAKEN, ETC. I UHEDULE(C) NTRACTOR SAFETY F OUCY AND PROCEDURE Continued... Schedule"B" CONTRACTOR HEALTH AND SAFETY WARNING/STOP WORK ORDER khe purpose of this form is to: (Issuer to check one of the following) tProvide 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 ONTRACT. FART"A"- DETAILS OF CONTRACT CONTRACT/P.O.# DESCRIPTION: NAME OF FIRM: PART"B"- DETAILS OF INFRACTION (TO BE COMPLETED BY ISSUER) CORPORATION OF THE MUNICIPALITY OF CLARINGTON CONTRACT NO. CL2002-36 r r SPECIAL PROVISIONS - TENDER ITEMS P:29186/Specs/19297.doc PAGE ONE SPECIAL PROVISIONS — TENDER ITEMS CONTRACT NO. CL2002-36 STORM SEWER CONSTRUCTION, HAMPTON Note: Notwithstanding the indication of location of utilities, the Contractor is responsible for organizing locates to determine the location of utilities before commencing operations under all Items. STORM SEWER AND LATERALS —ITEM NOS. 1 AND 2 Under these Items and for the unit prices bid the Contractor shall supply all materials including pipe of the required type size and class, other fittings, sand material for cover and crusher run limestone for bedding. Backfill shall be native material. For bedding purposes a Type 3 soil can be assumed. Pipe for storm sewer shall be High Density Polyethylene and shall be smooth wall with bell and spigot gasket joints such as Big `O' Boss Poly—Tite or approved equivalent. Pipe for storm laterals shall be PVC SDR 28. The unit prices bid shall include for restoration of all disturbed surfaces as follows: Grassed areas shall be restored with a 100 mm depth of topsoil and nursery sod. • Paved entrances shall be restored with 50 mm of HL-3 and 200 mm of Granular `A'. • Asphalt gutter shall be restored to match existing with Hot Mix HL-3. • All concrete and asphalt surfaces and asphalt gutter shall be saw cut at the limits of restoration. • Concrete sidewalk shall be restored to match existing width in 30 MPa concrete at a thickness of 125 mm on a 100 mm deep foundation of Granular 'A'. The Contractors attention is drawn to the proximity of utilities to the proposed works with special emphasis on the presence of fibre optic cable. The unit prices bid shall include for maintenance of flow in existing storm laterals. All laterals encountered shall be connected to the new storm sewer. CATCHBASINS — ITEM NO. 3 The unit price bid under this Item shall include for placing of Granular `B' Type 1 material to a lower limit of 300 mm below the bottom and all around the structure. A 100 mm dia. drainage opening shall be provided in each base of each catchbasin. Filter fabric Terrafix Type 270R or equal, 600 mm x 600 mm in size shall be placed at drainage openings. All catchbasins shall be fitted with sumps. The unit price bid shall include for restoration of all disturbed surfaces in accordance with specifications outlined for Items 1 and 2. i SPECIAL PROVISIONS - TENDER ITEMS CONTRACT NO. CL2002-36 2. CONNECT SUMP DRAINS - ITEM NO. 4 Under this Item at the lump sum bid the Contractor shall supply all materials necessary and connect sump pump drain outlets to new catchbasin No. 2. Four sump drains have been identified ranging in diameter from 25 mm to 50 mm. Existing pipe material is polypropylene. The Contractor has the choice of how to make the connections. REMOVAL OF SEWERS -ITEM NO. 5 Payment under this Item shall include for the disposal of removed pipe material off the site of the works to a location arranged for by the Contractor. The locations of all pipes connected to the CSP sewer to be removed, shall be identified for connection to the new sewer. REMOVAL OF CATCHBASINS -ITEM NO. 6 All rubble resulting from removal of structures shall be disposed of off the site of the works. Frames and grates shall be salvaged and stored on site for reuse with new catchbasins No. 1 and No. 2. STORM SEWER REPAIRS, VARIOUS LOCATIONS SETTLEMENT AND SINK HOLE REPAIRS THIRD STREET, BOWMANVILLE-ITEM NO. 7 Payment shall be made under this Item at the lump sum bid for the following work: • Removal and disposal of a 1 metre length of curb including sawcutting. • Excavate in roadway to depth of subdrain, expose subdrain and remove or repair damaged section. • Saw cut asphalt pavement to remove an area 1.0 metres x 1.0 metre. Dispose of asphalt and other excavated materials. • Supply and place 150 mm of Granular `A' and Granular `B' Type 1 to match existing in excavated area to level of asphalt and compact. • Supply and place asphalt, HL-3, to match existing depth. • Restore disturbed grassed area behind curb with 100 mm depth of topsoil and nursery sod. • Supply and place 30 MPa concrete in curb to match existing. • Clean up the area and level in a tidy condition. Utilities: Hydro and Bell are believed to be aerial in this area. Location of gas is unknown. Watermain is located in the boulevard. SPECIAL PROVISIONS - TENDER ITEMS CONTRACT NO. CL2002-36 3. SIMPSON AVENUE AND SOUTHWAY DRIVE, BOWMANVILLE- ITEM NO. 8 Payment shall be made under this Item at the lump sum bid for the following work: • Saw cut asphalt to sufficient width to remove settled area of asphalt and underlying materials. • Remove and dispose of block built catchbasin and frame and grate. Protect existing storm sewer pipe. • Supply and place 600 mm x 600 mm precast concrete catchbasin complete with frame and grate. • Connect existing storm sewer to new catchbasin. Storm sewer pipe size is unknown. • Supply, place and compact 150 mm of Granular `A' and Granular `B' Type 1 to match existing in roadway around catchbasin. Utilize excavated material as backfill up to subgrade level. • Supply and place Hot Mix, HL-3 to match existing depth. • Restore disturbed grassed area with 100 mm depth of topsoil and sod as required. • Clean up the area and leave in a tidy condition. Utilities: Hydro and Bell appear to be aerial. Location of gas is unknown. Watermain is in the boulevard on the north side. PARKWAY CRESCENT, BOWMANVILLE-ITEM N0. 9 Payment shall be made under this item at the lump sum bid for the following work: • Saw cut and remove asphalt and underlying materials for an area approximately 2.5 in x 1.5 in and dispose of materials down to subgrade level. • Remove and dispose of existing block built catchbasin and grate. • Supply and place 600 mm x 600 mm precast concrete catchbasin complete with frame and grate. • Connect existing pipe to new catchbasin. Pipe size is unknown. • Supply, place and compact 150 mm of Granular 'A' and Granular `B' Type 1 to match existing in roadway and entrance to match existing granular depths. • Supply and place Hot Mix, HL-3 to match existing depths in roadway and private entrance. Shape asphalt in roadway to match existing gutter profile. • Restore disturbed grassed areas with 100 mm depth of topsoil and nursery sod as required. • Clean up the area and leave in a tidy condition. Utilities: Bell appears to be both aerial and underground. Hydro is aerial with underground service to House No. 66. Gas appears to be located close to the existing structure. Location of watermain is unknown. SPECIAL PROVISIONS - TENDER ITEMS CONTRACT NO. CL2002-36 4. SCUGOG STREET, BOWMANVILLE-ITEM NO. 10 Payment shall be made under this Item at the lump sum bid for the following work: • Saw cut and excavate an area approximately 1.0 metre from edge of pavement and 1.5 metres from edge of catchbasin frame. Remove and dispose of asphalt and underlying material down to level of subdrain pipe. • Saw cut and remove concrete curb and gutter for a length of 1.5 m approximately from edge of catchbasin frame. • Repair or replace subdrain pipe including supply of new pipe as required. Standard subdrain pipe is 150 mm dia. ' Supply, place and compact 150 mm of Granular `A' and Granular `B' Type 1 to match existing in roadway to match existing depth. Utilize existing excavated material as backfill to road subgrade level. • Supply and place 30 MPa concrete in curb to match existing. • Supply and place Hot Mix, HL-3 to match existing depth. • Restore disturbed grassed areas with 100 mm depth of topsoil and sod. • Clean up the area and leave in a tidy condition. Utilities: Bell is underground near the catchbasin. Hydro is aerial. Location of gas is unknown as is the watermain. NASH ROAD, COURTICE, ENTRANCE TO PARKWAY CONDOS -ITEM NO. 11 Payment shall be made under this Item at the lump sum bid for the following work: • Saw cut and remove asphalt and underlying granulars to a depth of 300 mm below base of catchbasin. Area removed shall be sufficient to allow for repairs to sink holes and replacement of catchbasin structures. • Remove existing catchbasin and dispose of concrete rubble. Salvage frames and grates for reuse. • Saw cut and remove a 1.5 m length of curb and gutter at each location. • Remove and salvage brick pavers in boulevard on the west side of the entrance. • Supply and place 600 mm x 600 mm precast concrete catchbasin including placing Granular `B' ' Type 1 material all around the structure. • Connect existing HDPE pipe to new catchbasin and parge around openings. Storm sewer pipe sizes are 300 mm and 150 mm dia. The east catchbasin has two inlets. ' Supply, place and compact 150 mm of Granular `A' and Granular `B' Type 1 to match existing in road restoration. Excavated material shall be used as backfill up to subgrade level. • Supply and place 30 MPa concrete in curb to match existing. ' Supply and place Hot Mix, HL-3 to match existing depth. • Replace salvaged bricks in west boulevard including supply of bedding sand as required. • Restored disturbed grassed area on east side with 100 mm depth of topsoil and sod. SPECIAL PROVISIONS -TENDER ITEMS CONTRACT NO. CL2002-36 5. • Clean up area and leave in tidy condition. Utilities: Hydro and Bell are aerial. Gas is located on the south boulevard of Nash Road. Watermain is located in the north boulevard of Nash Road. NASH ROAD, COURTICE, BETWEEN HOUSE NO. 1518 AND 1524- ITEM NO. 12 Payment shall be made for the lump sum bid under this Item for the following work: • Saw cut and excavate to expose existing storm sewer pipe from ditch inlet to outlet from maintenance hole in roadway. • Remove and reset pipe or replace pipe if in poor condition. • Remove and dispose of minimum four bays of settled concrete sidewalk. Determine extent of removal by site inspection. • Remove and dispose of concrete curb and gutter which has settled. • Saw cut all asphalt and concrete surfaces at limits of removal. • Backfill pipe with granular material from road excavation and compact. • Supply and place 150 mm of Granular `A' and Granular `B' Type 1 to match existing in roadway and 100 mm of Granular `A' in sidewalk foundation. • Supply and place 30 MPa concrete in curb and gutter to match existing. • Supply and place 30 MPa concrete in sidewalk, minimum thickness of 125 mm to match existing. • Restore disturbed grassed areas with minimum 100 mm depth of topsoil and sod to a level consistent with adjacent grassed area. • Clean up the area and leave in a tidy condition. CORPORATION OF THE MUNICIPALITY OF CLARINGTON CONTRACT NO. CL2002-36 STANDARD DRAWINGS PAGE ONE STANDARD DRAWINGS CONTRACT NO. CL2002-36 STANDARD NO. DESCRIPTION Map No. 1 Courtice Work Locations Map No. 2 Bowmanville(North)Work Locations Map No. 3 Bowmanville (South) Work Locations Map No. 4 Hampton Sewer 400.020 Cast Iron Square Frame with Square Flat Grate 705.010 Precast Concrete Catchbasin ' 802.010 Flexible Pipe Embedment and Backfill Earth Excavation ���� �,��IIIi1I��\v��1111■■�Ilj��q/lli Ililll�IIIIIIIIIIII 111 � �■�������I ���1111111►ii ���.� '-X11//�= � ♦ �I� �� 11111 5. 1111111������� iii//onus■ �� �_� — �►�111 11111 Illlillr/= �►�� ��i11111111� _ ■ CC = men 11111111111111= =� �,I�I 11111 - �I11 = .:C 11111111111111 11 ■ — — LEGEND 11��11 ��"'�� ■■► 111111111111_ Illllllllllllllt tt• _ ITEM NO. ROAD c Qlllll � �,� �...�� ■�■► �� � ■_ 11111111111111 = _ � � ■_ _� _ ENTRANCE TO PARKWAY C• .• ~♦ — 1111111 C —� _ � � C � �11' = ■= 1111111111111111�� ; �= 111111111 \ ITEM NO. ROAD B �� D .11 11111111111\�� '\\1111111 ���1111111111111111111►� HOUSE NO. 1518 AND NO. C � � ► d�\I/� =X11111111111111111111111 III � 111111��� � 111111111111 111111111111 � —_ —• p �� p i ►IIIIII��i �` i■ -. � X111► ■_ �1111� _ � �� I. — 11111111111/I _ E1111111 513 Division Street, 11��� � � — �/� 11� �� _11 111111111111► I j11� _ � 111111. �_ r. �� �� � ��� �■� �� = � 11111111.�=III �����111� . ►►�� r� ��11� � 11111111. 1111111 �r i1 • 'll�� ����III .—. ■ �' ��. f-'iivu", Cobourg,Ontario VH K9A 5G6 M engineers TEL:905-372-2121 architects FAX:905-372-3621 planners E-mail cobourg@tsh.r-a 111 SEEN �► I 111 li /` 111 � ��� � _ —��� __ �■ Leading the Way �1r 1- �/ , ���'� = 111111111111►��= _— 1 __ _� .11111111111111 ,�� _..•�� ,1 11 �IIIIII p11 mount 1111111 ���,,�1/ �►�� �� %��1111i/�� /111111/11 _= 11111 -- _- • � . �� �� C�"' /= 1111 �� 11111111111 =III/_ __ _= 1111 • � �■� � ���1� �� � �� C- - � � 11111110 =__ FAII ,� �I► �� ��� CONTRACT 1 1�� �\ ���� �jI1 1111111111/ • --� • M E � �z ME !�Illillllll �/ �� ■ _ � LOCATIONS- 111111111111111so. E� DRAWN 1111111111►/ /// ��.•I �I�� �� �' !� \ ��� � ������ �� ��llllllllllllll = //// /// ��� =- 1111111111/I /i D. CAMPBELL 1: 10,000 �� �.�,, ,/II_=� ►►`,I��111111/1►��� �������IIIIIIIillllllllll►� ♦ �� I� _ __ _�O x/11111 _ ATE PROJECT No. �� _= IIIIIIII� _.♦ SEPT, 2002 :. ii ♦ i� �•� �11� X1111 � � i X111■ �� �IIIIIIIIIIIIIIiII� � LEGEND ,��IIIII� =� X11111111111111 � Q�IIIIIIIIIIIIiI =�111111111111IIIIC � X111111= ;�� ���- 11111; THIRD STREET WEST OF LIBERTY STREET MM .p 11M p ;1� SCUGOG STREET BETWEEN JACKMAN ROAD AND FREDRICK AVENUE Ell Ell i� X1111\�� 11 . 111111: _•• ME '' __��� 11111111= �_��■ 111111111/ 11111 �1� ■ � ��� �� �1111\�/1/111111111 _ • .. .��■ ■. _l\i� 1111►... . _ r , �.. ... . Ontario II _•• ••� ..oII�IIIIIIII� MINA 111111 �_ �� -���IIr�/ I�, �►lii ❑ engineers`IIIIII� �� 1 =_ C ,�: 111 / • architects planners E-mail cobourg@tsh.ca ME Leading the Way . ��� �■. �.,_ , � � p� _= 111111111 _um ���1 ���►�i�� �IIIIIIII� :_ 111111111 Ili ■■. . � �_.. � � � � � ■ IIIIIIIII \IIIII • _ . C p� „iii111 i1 �1� 1`11111111 111 • LOCATIONS .. ► ► ICI��I►i � i�.: � �: Imiiiiiiiiiiiiiiiii , - . BY SCALE INS ► �� GI � — -- 111111111111111►i % ITEM NO. : -SIMPSON AVENUE AND PC SOUTHWAY DRIVE �♦ �� ���jIIIIIIIIIIIIIIIIIIIII� \�11111111111� �/� NO. . CRESCENT ♦�► � ♦ � ♦♦� X1111111111111111�—_ _� ��io�� ��♦ �j� ���' � .,,_ �� �� 1111111111, ������♦ ♦���, 11111111�� ���� � ■� IIIIIIIIIIC �� _ � ��� � ♦ ••��•� �� : o ��I/1111111/� �� , ♦ ,���, � C � ■ CIIIIIIIIIIII►� � ♦ ♦ ♦ .ice ������� ,� _1111/= ■■ ■� ■� �III►� ��� ♦,� � '�_■= X11 • •- : I�IIII�►�� -- ��� �IIIIIII 1■�I�IIIII ��111�� � _ - _ �" ; ' - � �� _ _ ■� ■11111111111■ � �� • : � - - ... .. ■ ��� �■ ■�_ ■11 _ �i �1'li - �� ■111111111111■ � _■_ ■111 RNM — ■ __ ■ ■1■1■�► . Leading the Way • mom _ CONTRACT CL2002-36 BOWMANVILLE (SOUTH) ! LOCATIONS DRAWN BY SCALE D. CAMPBELL 1: 7,500 DATE PROJECT No. SEPT, 2002■ •i . :. Z LEGEND HAMPTON STORM SEWER REPLACEMENT HAMPTON STORM SE PLACEMENT um 513 Division Street G�g'� Cobourg,Ontario CO �y K9A 5G6 engineers TEL:905-372-2121 architects FAX:905-372-3621 S+O planners E-mail Cobourg @tsh.ca ciar GCO i Leading the Way 401a >n o a o O w O CONTRACT CL2002-36 0 a. TAUNTON ROAD(REG..RD.4) HAMPTON LOCATION 3 `o DRAWN BY SCALE MAP R.ALBRIGHT 1: 7,500 DATE PROJECT No. 4 N SEPT,2002 1 12-29186 ar r rr r rt rr rr rr rr r■ rr rr r �r ■r r rr rr rl 820 604 AThe ribs are optional, Typ 19mm dia hinge pin 86 n N 3IF M B �'e III 305 305 i M 62 R=1.5m 655 N 00 I t7 I L I r , I I N I to I 38 M a 51 F-- li � 32 to I I n I 32d �-- C 571 64 4J A GRATE PLAN SECTION C—C FRAME PLAN SECTION A—A 64 a 25mm 657 "1 132 Typ--j I�'I �--25mm 17 623 17 Ty 70mm min .r 95mm max � fOfO—W. , see slot detail t--32 a R=25mm II �-3 3 44 f--10 RM G i T— --1 29 TYP - I ILL SECTION D—D SECTION E—E L76J L!_ --� , I-38 2s 7s NOTES: 305--f----- 305 A This OPSD to be read in conjunction with OPSD-610.010 and 610.020. SECTION B—B B All dimensions are in millimetres unless otherwise shown. 58 ONTARIO PROVINCIAL STANDARD DRAWING rNov 001 Rev 0 T14.5 m CAST IRON, SQUARE FRAME • P R=14.5mm WITH SQUARE FLAT GRATE FOR _ _ _ _ _ _SLOT DETAIL CATCH BASINS, HERRING BONE OPENINGS D - 400.020 150mm B overlap 1s ' ALTERNATE STANDARD — —� HEIGHTS A A A 1980mm B 1830mm WWF C 1520mm 185mm 2/m. each way B PLAN ' 830 830 . 115 115 600 115 115 600^—� I 111 • o + a Knockout iNote 2 Note 2 o v. 250 1 CL l r ° ° o V. ° E E( ° Outlet hole r o E E 185 m 2/m, E Note 1 to �° each way E ° o • ' +• 300mm cco a all sides _ r° ° TYp 0 o 'y. Granular SECTION A A bedding SECTION B-13 NOTES: 1 Outlet hole size 525mm diameter maximum, C Frame, grate and adjustment units shall location as required. be installed according to OPSD-704.010. 2 200mm diameter knockout to accommodate 0 Pipe support according to OPSD-708.020. subdrain. Knockout to be 60mm deep. E All dimensions are nominal. ' A All reinforcing steel shall have 25mm F 111 metres 1 un are oIn millimetres swn. minimum cover. B Granular backfill to be placed to a minimum thickness of 300mm ail around the catch basin. ONTARIO PROVINCIAL STANDARD DRAWING 1996 09 15 Rev PRECAST CONCRETE °sP CATCH BASIN Date _ _ _ _ _ _ I 600mm x 600mm, DEPTH — 4-Om MAX — 5 010 PiPE iN SUPPORTED PiPE IN UNSUPPORTED RTED r� PiPE IN SUPPORTED EXCAVATION D Note 3, Typ Subgrade 2 s,Aport system TYP , 1 . Backfill material. • ' Clearance, • For culvert frost treatment 1• see table, Typ • 300mm m n. '• Note 2 1. 'J.Typ 4 Clearance, -�a see table 300mm min D C 150 OE ' B x • D NE '• ' TYPE 1 OR 2 TYPE 3 •� • . ,; SOiL SOiL D 150 , 2 0.5 0, 0.50 Bedding grade Note 1 Note 1 PIPE IN SUPPORTED PiPE IN UNSUPPORTED LEGEND. EXCAVATION D EXCAVATION ,0 — Inside diameter 2 Subgrade • • '" 7-1 1 NOTES' :..'2 • '':•., 1 The pipe bed shall be shaped to receive the bottom of the pipe. .•,.�: D •. ,'' Backfill material. 2 Pipe culvert frost treatment according to OPSD-803.030 and 803.031. • •, ' For culvert frost treatment 3 Condition of trench is symmetrical about centreline of pipe. Note 2 A Granular material placed under the haunches must be compacted 150 Bedding grade l CLEARANCE TABLE prior to continued placement and compaction of embedment material. 0.5 D F�2 TYPE 4 Pipe Clearance B Embedment material shall be homogeneous granular material, and ote 1 SOiL Inside Diameter mm shall be placed and compacted uniformly. around the pipe. soo oMI 300 C Soli types as defined in the Health & Safety Act and Over soo 500 Regulations for Construction Projects. D Protection against heavy ONTARIO PROVINCIAL STANDARD DRAWING 1996 09 15 Rev - - - - - - - construction equipment according SP to OPSD-808.010. FLEXIBLE PIPE - - - E All dimensions are in millimetres EMBEDMENT AND 6XQKFILL Date —.— — — — — or metres unless otherwise shown. 'EARTH aCAVATiON OPSD - 802.010 NIL.ji INN. -Zq NNW�a�.vnza•.y a ��.i�cr�A '�. . 1 ;r --- -- - - ---------- ---- ---- -- r'I iONE ta ic .,�• .. ,•3 (�,i�,r i��!�.i:.' 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CL2002-36 i 1 r r 1 r ors GENERAL CONDITIONS OF CONTRACT r (September 1999) r 1 1 ONTARIO PROVINCIAL STANDARDS FOR ROADS AND PUBLIC WORKS i 9 o p p can S s z� y'c�pAL_pR0J� GENERAL CONDITIONS OF CONTRACT SEPTEMBER 1999 1 ' GENERAL CONDITIONS OF CONTRACT Table of Contents SECTION GC 1.0-INTERPRETATION GC1.01 Captions................................................................................................................... 1 GC1.02 Abbreviations........................................................................................................... GC 1.03 Gender and Singular References............................................................................ 1 GC1.04 Definitions................................................................................................................1 GC1.05 Substantial Performance.........................................................................................5 GC1.06 Completion...............................................................................................................6 GC1.07 Final Acceptance.....................................................................................................6 GC 1.08 Interpretation of Certain Words...............................................................................6 SECTION GC 2.0•CONTRACT DOCUMENTS GC 2.01 Reliance on Contract Documents............................................................................7 GC 2.02 Omer of Precedence ........................................................7 SECTION GC 3.0-ADMINISTRATION OF THE CONTRACT r GC 3.01 Contract Administrator's Authority...........................................................................8 GC3.02 Working Drawings................................................................................................:..9 GC 3.03 Right of the Contract Administrator to Modify Methods and Equipment.................9 GC 3.04 Emergency Situations............................................................................................10 GC3.05 - Layout....................................................................................................................10 GC3.06 Working Area............................... ..............................................................10 GC 3.07 Extension of Contract Time............................................................................:......10 GC3.08 Delays....................................................................................................................11 GC 3.09 Assignment of Contract.........................................................................................11 GC 3.10 Subcontracting by the Contractor..........................................................................11 GC 3.11 Changes ....................................................12 GC 3.11.01 Changes in the Work.............................................................................................12 GC3.11.02 Extra Work.............................................................................................................12 i Conditions a WOW-SWWrA sr 19" Taw d coot"o-I oPS c�� GC 3.11.03 Additional Work..................................................................................................... 12 GC3.12 Notices............................................................................ GC 3.13 Use and Occupancy of the Work Prior to Substantial Performance..................... 13 GC3.14 Claims, Negotiations, Mediation............................................................................ 13 GC 3.14.01 Continuance of the Work....................................................................................... 13 GC3.14.02 Record Keeping..................................................................................................... 13 GC 3.14.03 Claims Procedure.................................................................................................. 13 GC3.14.04 Negotiations........................................................................................................... 14 GC-3.14.05 Mediation............................................................................................................... 14 GC.3.14.06 Payment.................................................................................................................14 GC 3.14.07 Rights of Both Parties............................................................................................15 GC 3.15 Engineering Arbitration..........................................................................................15 GC 3.15.01 Conditions for Engineering 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................................ SECTION GC 4.0-OWNER'S RESPONSIBILITIES AND RIGHTS GC:4.01 Working Area......................................................................................................... 17 GC 4.02 - Approvals and Permits ...................17 GC 4.03 Management and Disposition of Materials............................................................ 17 GC 4.04 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 Contractors Right to Continue the Work.......................................18 TOW of Contents-0 oPS GOMMI CoMMM Of COM"-Sept mbw 190 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 GC 5.05 Owner Supplied Material.......................................................................................21 GC 5.05.01 Ordering of Excess Material..................................................................................21 GC 5.05.02 Care of Material.....................................................................................................21 CE SECTION GC 6.0-INSURANCE,PROTECTION AND DAMAGE GC 6.01 Protection of Work, Persons and Property............................................................23 GC6.02 Indemnification......................................................................................................23 GC 6.03 Contractor's Insurance...........................................................................................24 GC6.03.01 General..................................................................................................................24 GC 6.03.02 General Liability Insurance....................................................................................24 GC 6.03.03 Automobile Liability Insurance...............................................................................24 Aircraft and Watercraft Liability Insurance.............................................................25 GC 6.03.04 lty GC 6.03.05 Property and Boiler Insurance...............................................................................25 GC 6.03.05.01 Property Insurance................................................................................................25 GC 6.03.05.02 Boiler Insurance.....................................................................................................25 GC 6.03.05.03 Use and Occupancy of the Work Prior to Completion...........................................25 GC 6.03.05.04 Payment for Loss or Damage................................................................................26 GC 6.03.06 Contractor's Equipment Insurance........................................................................26 GC 6.03.07 Insurance Requirements and Duration..................................................................26 GC6.04 Bonding..................................................................................................................27 SECTION GC 7.0-CONTRACTOR'S RESPONSIBILITIES AND CONTROL OF THE WORK GC7.01 General..................................................................................................................28 OPS General CondWna of Conbvd-September IM Table or Conwft-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........................................................ GC 7.06 Maintaining Roadways and Detours......................................................................30 GC 7.07 Access to Properties Adjoining the Work and Interruption of Utility Services.......31 GC 7.08 Approvals and Permits..........................................................................................31 GC 7.09 Suspension of Work..............................................................................................32 GC 7.10 Contractor's Right to Stop the Work or Terrninate the Contract....................... 32 GC 7.11 Notices by the Contractor.................:...................................................................a 32 GC7.12 Obstructions...........................................................................................................33 GC7.13 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 Owners Set-Off.....................................................................................................40 Tab&of Conan&-iv OPS Gamral Con Mww of Conrad-Sepwnbw 199 GC 8.02.03.12 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 GC 8.02.04.06.01 Working Time............................... GC 8.02.04.06.02 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 GC 8.02.07 Records ...........................44 ...................................................................................... GC8.02.08 Taxes and Duties...................................................................................................44 ..GC 8.02.09- - :. Liquidated Damages............................................ ....,............. .. 45" . . _ OPS General ConciRkwo of cw*ad-September 199 Table Of Co*Kft-v STgNO9 c o P 9 Ontario Provincial Standards for September 1999 s, s `20`` Roads and Public Works - c�pgL-PROS 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 "CWB" _ Canadian Welding Bureau "GC" General Conditions "MOE, - Ministry of the Environment(Ontario) "MTC" - Ministry of Transportation (Ontario) r "MTO" - I Ministry of Transportation(Ontario) i "MUTCD" - Manual of Uniform Traffic Control Devices, published by MTO _"OPS" - Ontario Provincial Standard "OPSD" _ Ontario Provincial Standard Drawing "OPSS" Ontario Provincial Standard Specification "PEO" - Professional Engineers Ontario "SAE" - Society of Automotive Engineers "SSPC" Structural Steel Painting Council "UL" - Underwriters Laboratories "ULC" - Underwriters Laboratories Canada GC 1.03 Gender and Singular References .01 References to the masculine or singular throughout the Contract Documents shall be considered to include the feminine and the plural and vice versa as the context requires. GC 1.04 Definitions 01 For the purposes of this Contract the following definitions apply: Actual Measurement: means the field measurement of that quantity within the approved limits of the Work. OPS General Condillons of Contract-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 b p y the Contract Administrator at completion. Constructor means, for the purposes of, and within the meaning of the Occupational Health and Safety Act R.S.O. 1990, c.O.1, as amended and amendments thereto,the Contractor who executes the Contract Contract: means the undertaking by the Owner and the Contractor to perform their respective duties, responsibilities and obligations as prescribed in the Contract Documents. Contract Administrator means the person, partnership or corporation designated by the Owner to be the Owner's representative for the purposes of the Contract. Contract Documents: mean the executed Agreement between the Owner and the Contractor, the Tender, the General Conditions of Contract, the Supplemental General Conditions of Contract, Standard Specifications, Special Provisions, Contract Drawings, addenda incorporated in a Contract Document before the execution of the Agreement, such other documents as may be listed in the Agreement and subsequent amendments to the Contract Documents made pursuant to the provisions of the Agreement. Contract Drawings: or Contract Plans: mean drawings or plans, any Geotechnical Report, any Subsurface Report and other reports and information provided by the Owner for the Work, and without limiting the generality thereof, may include 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. Pape 2 OPS General Conditions of contract-8epternber 1999 Cost Plus: See'Time and Material". Cut-Off Date: means the date up to which payment will be made for work performed. Daily Work Records: mean daily Records detailing the number and categories of workers and hours worked or on standby; types and quantities of Equipment and number of hours in use or on standby; and description and quantities of Material utilized. Day: means a calendar day. Drawings: or Plans: mean any Contract Drawings or Contract Plans or any Working Drawings or Working Plans,or any reproductions of drawings or plans pertaining to the Work. Equipment: means all machinery and equipment used for preparing, fabricating, conveying or erecting the Work and normally referred to as construction machinery and equipment. Estimate: means`a calculation of the quantity-or-cost'�of the Work orVart of itAepending on the context. Extra`Work: means work not provided for in the Contract as'awarded-but considered by the Contract "Administrator to' be'essential to the'satisfactory completion of the-Contract,within its intended'scope, including unanticipated work required to comply with legislation and regulations which affect the Work. .'Final Acceptance`Certificate:' `means the certificate-issued by the, Contract Administrator at- Final Acceptance of the Work. Final Detailed'Statement: means a complete'evaluation prepared by the Contract Administrator showing the quantities, unit prices and final dollar amounts of all items of work completed under the Contract, including variations in tender items and Extra Work, all as set out in the same general form as the monthly estimates. Force Account: See'"Time and Material". Geotechnical Report: means a report or other information identifying soil, rock and ground water conditions,irrthe area of any proposed excavation or fill:, - Grade: means the required elevation of that part of the work. Hand Tools: means tools that are commonly called tools or-implements of,-the trade and include small power tools. Highway: means a common and public highway any part of which is-intended for-or used by the general public for the passage of vehicles,and includes the area between the lateral property lines thereof. Lump Sum Item: means a tender item indicating a portion of the Work for which payment will be made at a single tendered price.'Payment is not based on a measured quantity,although`a quantity may be given in the Contract Documents. Major Item: means any tender item that has a value, calculated on the basis of its actual or estimated tender quantity, whichever is the larger, multiplied by its tender unit price, which is equal or greater than the lesser of, a) $100,000,or b) 5% of the total tender value calculated on the basis of the total of all the estimated tender quantities and the tender unit prices. Material: means material, machinery,equipment and fixtures forming part of the Work. OPS General Conditions of Conuad-Sepamber 1999 Poe 3 Owner. means the to the Contract for whom the Work ork is being performed, as identified in the Agreement, and includes, with the same meaning and import, "Authority". Pavement: means a wearing course or courses placed on the Roadway and consisting of asphaltic concrete, hydraulic cement concrete-Portland cement concrete,or plant or road mixed mulch. Performance Bond: means the type of security fumished to the Owner to guarantee completion of the Work in accordance with the Contract and to the extent provided in the bond. Plan Quantity: means that quantity as computed from within the boundary lines of the Work as shown in the Contract Documents. Project: means the construction of the Work as contemplated by this Contract. Quantity Sheet: means a list of the quantities of Work to be done. .., Rate of:Interest: means the rate determined by the Minister of Finance of Ontario and issued by, and available from,the Owner. Records: mean any books, payrolls, accounts or other information which relate to the Work or any } Change in the Work or claims arising therefrom. ..,.l. 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 ti 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 Plus"and"Force Acoount"are used they shall have the same meaning. Poe 4 OPS General Conditions of contract-September 1999 Utility: means an aboveground or underground facility maintained by a municipality, public utility authority or regulated authority and includes services such as sanitary sewer, storm sewer, water, electric, gas, oil, steam,data transmission,telephone and cable television. Warranty Period: means the period of 12 months from the date of Substantial Performance or such longer period as may be specified for certain Materials or some or all of the Work Where a date of Substantial Performance is not established, the Warranty Period shall commence on the date of Completion. Work: means the total construction and related services required by the Contract Documents. Working Area: means all the lands and easements owned or acquired by the Owner for the-construction of the Work. Working Day: means any Day, Day y statutory holidays; b except D Saturdays,a determined b" `-the Contract,Administrator;to wvhich�the'Ceedin torits prevented by Ys "`inclement weather or conditions resulting immediately therefrom~finmypro is ftthg-with-ractontrolling "'Operation: For,the purposes'of this definition, this will-be a,-Day during whichr the Contractorrcannot 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,hired by-the'Owner,or an employee of,any one of them,-or by anyone else acting on behalf of the Owner. ii. on-delivery of Owner-supplied materials, iii. any cause beyond the reasonable control of the Contractor which can be substantiated by the Contractor to the satisfaction of the Contract Administrator. Woridng Drawings:or Working Plans:'means any Drawings or Plans prepared by the Contractor for-the execution of the Work and may,,without limiting the generality thereof, include falsework plans, Roadway protection plans, shop drawings,shop plans or erection diagrams. GC 1.05 Substantial Performance 01 The Work is substantially performed, a) when the Work to be'performed under the Contract or a-substantial-part!thereof is ready for use or is being used for the purpose intended; and b) when the Work to be performed under 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 iii. I%of the balance of the Contract price. 02 For the purposes of this Contract, where the Work or a substantial part thereof is ready for use or is being used.for the purposes intended and the remainder of-the Work cannot be completed expeditiously for reasons beyond the control of the Contractor or, where the Owner and the Contractor agree not to complete the Work expeditiously, the price of the services or materials remaining to be supplied and required to complete the Work shall be deducted from the Contract price in determining Substantial Performance. OPS Gwwal co ww"of c=**d-8epamber 1999 pne 5 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 Administrators knowledge at that time, the Contractor has rectified all imperfect work and has discharged all of the Contractors obligations under the Contract. GC 1.08 Interpretation of Certain Words 01, The words "acceptable", "approval", "authorized", "considered necessary", "directed", "required", "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. 1 Paps 6 OP8 General CondRIMS of Contract-8eptw*w 1999 SECTION GC 2.o-CONTRACT DOCUMENTS GC 2.01 Reliance on Contract Documents 01 The Owner warrants that the information fumished in the Contract Documents can be relied upon with the following limitations or exceptions: a) The location of all mainline underground utilities which will affect the Work will be shown to a tolerance of i. 1 m horizontal and ii. 0.3 m vertical b) The Owner does not warrant interpretations of data or opinions expressed in any Subsurface Report available for the perusal of the Contractor and excluded from the Contract Documents;and c) Other information specifically excluded from this warranty. GC 2.02 Order of Precedence .01 In the event of any inconsistency or conflict in the contents of the".following documents, such documents shall take precedence and govern in the following order. a) Agreement b) Addenda c) Special Provisions d) Contract Drawings e) Standard Specifications f) Tender g) Supplemental General Conditions h) General Conditions i) Working Drawings Later dates shall govern within each of the above categories of documents. 02 In the event of any conflict among or inconsistency in the information shown on Drawings, the following rules shall apply: a) Dimensions shown in figures on a-Drawing shall govern where they differ from dimensions scaled from the same drawing; b) Drawings of larger scale shall govern over those of smaller scale; c) Detailed Drawings shall govern over general Drawings;and d) Drawings of a later date shall govern over those of an earlier date in the same series. .03 In the event of any conflict in the contents of Standard Specifications-the following, order of precedence shall 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 If required by all. OPS Generai Condkiwa of Contract-September Ion Pepe 7 SECTION GC 3.0-ADMINISTRATION OF THE CONTRACT GC 3.01 Contract Administrator's Authority .01 The Contract Administrator will be the Owners representative during construction and until the issuance of the Completion Certificate or the issuance of the Final Acceptance Certificate whichever is later. All instructions to the Contractor including instructions from the Owner will be issued by the Contract Administrator. The Contract Administrator will have the authority to act on behalf of the Owner only to the extent provided in the Contract Documents. .02 All claims, disputes and other matters in question relating to the performance and the quality of the Work or the interpretation of the Contract Documents shall be referred to the Contract Administrator. .03 The Contract Administrator will inspect the Work for its conformity with the plans and specifications, and to record the necessary data to establish payment quantities under the schedule of tender quantities and unit prices or to make an assessment of the value of the work completed in the case of YaJump 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 K the Contract Documents. .06 The Contract Administrator will investigate all allegations of a change in the character of the Work made by the Contractor and issue appropriate instructions. .07 The Contract Administrator will prepare Change Directives and Change Orders. .08 Upon written application by the Contractor, the Contract Administrator and the Contractor will jointly conduct an inspection of the Work to establish the date of Substantial Performance of the Work and/or the date of Completion of the Work. .09 The Contract Administrator will be, in the first instance,the interpreter of the Contract Documents and the judge of the performance thereunder by both parties to the Contract Interpretations and decisions of the Contract Administrator shall be consistent with the intent of the Contract Documents and in making these decisions the Contract Administrator will not show partiality to either party. .10 The Contract Administrator will have the authority to reject part of the Work or Material which does not conform to the Contract Documents. .11 Defective work, whether the result of poor workmanship, use of defective material, or damage through carelessness or other act or omission of the Contractor and whether incorporated in the Work or not which has been rejected by the Contract Administrator as failing to conform to the Contract r Documents shall be removed promptly from the Work by the Contractor and replaced or re-executed promptly in accordance with the Contract Documents at no additional cost to the Owner. .12 Any part of the Work destroyed or damaged by such removals, replacements or re-executions shall be made good, promptly, at no additional cost to the Owner. .13 If, in the opinion of the Contract Administrator, It Is not expedient to correct defective work or work not performed in accordance with the Contract Documents, the Owner may deduct from monies otherwise due to the Contractor the difference in value between the work as performed and that called for by the Contract Administrator. Page a OPS Oemml Condkbm of Conf d-September 1 M 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 tomot cause delay in`the Work 'If either the'Contractor or the Contract Administrator so requests they'shall jointly prepare a schedule fixing the.dates for submission and return of Working Drawings. Working`Drawings-shall be.submitted in printed form. At the time of submission the Contractor shall notify the Contract Administrator in writing of any deviations from the Contract requirements that exist in the'Working Drawings. 03 The Contract Administrator will review and return Working Drawings in accordance-with an agreed upon schedule, or otherwise,with reasonable promptness so as not to cause delay. .04 The Contract Administrator's review will be to'check'for'-conformity to the-design-concept and for general arrangement only and such review shall not relieve the Contractor of responsibility for errors or omissions in the Working Drawings or of responsibility for meeting all requirements of the Contract Documents unless a deviation on the Working Drawings has been approved in writing by the Contract Administrator. .05 The Contractor shall make any changes in Working-Drawings which the Contract=Administrator may. require consistent with the Contract Documents and resubmit unless otherwise directed by the Contract Administrator.'When resubmitting, the Contractor shall notify the Contract Administrator in writing'of any revisions other than those requested by the'Contract Administrator. .06 Work related to the Working Drawings shall not proceed until the Working Drawings have been signed and dated by the Contract Administrator and marked with the words "Reviewed. Permission to construct granted." .07 The Contractor shall keep one set of the reviewed Working:Drdwings,-marked-as above, at the site at all times. GC 3.03 Right of the Contract Administrator to Modify Methods and Equipment r .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 Oensal CondBlons d ConbIM*-8aptember 1999 Page 9 GC 3.04 Emergency Situations .01 The Contract Administrator has the right to determine the existence of an emergency situation, and when such an emergency situation is deemed to exist, the Contract Administrator may instruct the Contractor to take action to remedy the situation. If the Contractor does not take timely action, or if the Contractor is not available, the Contract Administrator may direct others to remedy the situation. .02 If the emergency situation was the fault of the Contractor, the remedial work shall be done at the 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 information provided by the Contract Administrator. GC 3r.0' Working Area .01 The Contractor's sheds, site offices,,toilets, other temporary structures and storage areas for material and equipment shall be grouped in a compact manner and maintained in a neat and orderly condition at-all times. .02_ The Contractor shall confine his construction operations to the Working Area. Should the Contractor require more space than that shown on the Contract Drawings, the Contractor shall obtain such space at no additional cost to the Owner. .03 The Contractor shall not enter upon or occupy any private property for any purpose, unless the Contractor has received prior written permission from the property owner. GC 3.07 Extension of Contract Time .01 An application for an extension of Contract Time shall be made in writing by the Contractor to the Contract Administrator as soon as the need for such extension becomes evident and at least 15 Days . prior to the expiration of the Contract Time. The application for an extension of Contract Time shall enumerate the reasons,and state the length of extension required. .02 ,Circumstances suitable for consideration of an extension of Contract Time,include the following: a) Delays; See subsection GC 3.08. b), Changes in the Work; See clause GC 3.11.01. c� Extra Work; See clause GC 3.11.02. d) Additional Work; See clause GC 3.11.03. , .03 The Contract Administrator will, in considering an application for an extension to the Contract Time, take into account whether the delays, Changes in the Work, Extra Work or Additional Work involve a Controlling Operation. .04 The Contract Time shall be extended for such additional time as may be recommended by the Contract Administrator and deemed fair and reasonable by the Owner. .05 The terms and conditions of the Contract shall continue for such extension of Contract Time. P"s 10 OPS General Condkim of Contra**-September IM GC 3.08 Delays .01 If the Contractor is delayed in the performance of the Work by, a) war, blockades, and civil commotions, errors in the Contract Documents;an act or omission of the Owner or Contract Administrator, or anyone employed or engaged by them directly or indirectly, contrary to the provisions of the Contract Documents; b) a stop work order issued by a court or public authority, provided that such order was not issued as the result of an act or omission of the Contractor or anyone employed or engaged by the Contractor directly or indirectly; c) 'the`Contract Administrator giving notice under subsection GC 7.09;Suspension of Work; d) abnormal inclement weather,or e)`archaeological finds in accordance with subsection GC 3.16,Archaeological Finds, then the Contractor,shall be`reimbursed by the Owner for-reasonable-costs incurred by-the Contractor as the result of such delay, provided that in the case of an application for an extension of Contract Time due to abnormal inclement weather,' the'Contractor,shall; with 4-the-Contractor's application, submit evidence from Environment Canada in support-of such-application:-Extension of Contract Time will be granted in accordance with subsection GC 3.07,Extension.of:Contract Time. 02 If the Work. is`delayed by labour disputes,�strikes or lock=outs including,lock-outs decreed or recommended to-its members by a-recognized contractor's association,of which,the Contractor is a `.''member or toWhich'the Contractor-is`otherwise bound -which are beyond the�Contractors control, then the Contract Time shall 'be'extended i 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 extensiomis agreed to by the Contractor.•The �Contractor'shall not be'entltied to payment for costs incurred as the,result otsuch delays unless such;r delays are the result of actions by the Owner. GC 3.09 Assignment of Contract 01 The Contractor shall not assign the Contract, either in whole or in par t,.without the written consent of the Owner. GC 3.10 Subcontracting by the Contractor v 'Te'Contractormay subcontract any part of the Work; subject to these General,Conditions and any limitations specified in the Contract Documents. .02 The Contractor shall notify the Contract Administrator, inw- citing ofthe°intention-to subcontract. Such notification shall identify the part of the Work;and the Subcontractor withwhom it is intended. 03 'The Contract Administrator will, within 10 Days-of receipt`of-such-notification;--accept or reject the intended Subcontractor. The rejectiorrwill'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. Y" M' The Contractor shall preserve and protect the tights of the parties under the Contract with respect to that part of the Work to be performed under subcontract and shall, a) enter into agreements with the intended Subcontractors to require them to perform their work in accordance with the Contract Documents;and b) be as fully responsible to the Owner for acts and omissions of the Contractors Subcontractors and of persons directly or indirectly employed by them as for acts and omissions of persons directly employed by the Contractor. OPS General cwwwom of Contract-September 190 Peps 11 .06 The Owners consent to subcontracting the Contractor shall not be construed t 9 Y o relieve the Contractor from any obligation under the Contract and shall not impose any liability upon the Owner. Nothing contained in the Contract Documents shall create a contractual relationship between a Subcontractor and the Owner. GC 3.11 Changes GC 3.11.01 Changes in the Work .01°'The Owner, or the Contract Administrator where so authorized, may, by order in writing, make a Change in the Work without invalidating the Contract. The Contractor shall not be required to proceed with a Change in the Work until in receipt of a Change Directive. Upon the receipt of such Change Directive the Contractor shall proceed with the Change in the Work. .02 The Contractor may apply for an extension of Contract Time according to the terms of subsection GC 3:07, Extension of Contract Time. .03 ;1f;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 Y to perform Extra Work without invalidating the Contract The Contractor shall not be required to proceed with the Extra Work until in receipt of a Change Directive. Upon receipt of such Change Directive the Contractor shall proceed with the Extra Work. .02 The Contractor may apply for an extension of Contract Time according to the terms of subsection GC 3.07, Extension of Contract Time. ' .03 ' Payment for the Extra Work may be negotiated pursuant to subsection GC 3.14, Claims, Negotiations, Mediation, or payment may be made according to the conditions contained in clause GC 8.02.04, Payment on a Time and Material Basis. GC 3:11.03 Additional Work .01 The Owner, or Contract Administrator where so authorized, may request the Contractor to perform Additional_Work without invalidating the Contract If the Contractor agrees to perform Additional Work,the Contractor shag proceed with such Additional Work upon receipt of a Change Order. .02 The Contractor may apply for an extension of Contract Time according to the terms of subsection GC 3.07, Extension of Contract Time. : .03 Payment for the Additional Work may be negotiated pursuant to subsection GC 3.14, Claims, Negotiations, Mediation, or payment may be made according to the conditions contained in clause GC 8.02.04, Payment on a Time and Material Basis. GC 3.12 Notices .01 Any notice permitted or required to be given to the Contract Administrator or the Superintendent in respect of the Work shall be deemed to have been given to and received by the addressee on the date of delivery if delivered by hand or by facsimile transmission and on the fifth Day after the date of mailing if sent by mail. Page 12 OPS Owwrai Conditions of Contrad-September 1999 .02 The Contractor and the Owner shall provide each other with the mailing addresses, telephone numbers and facsimile terminal numbers for the Contract Administrator and the Superintendent at the commencement of the Work 03 In the event of an emergency situation or other urgent matter the Contract Administrator or the Superintendent may give a verbal notice, provided that such notice is confirmed in writing within 2 Days. 04 -Any notice permitted or required to be given to the Owner or the Contractor shall be given in accordance with the notice provision of the Contract GC 3.13 Use and Occupancy of the Work Prior to Substantial Performance `Where it is'not-contemplated•elsewhere in'the Contract Documen ts the Owner may use or occupy :01 the Work or any part thereof prior to Substantial:Performance;provided that at least 30 Days'written notice has been given to the Contractor. .02 The use or occupancy of the Work or any part thereof by the Owner priorto Substantial Performance shall not constitute an acceptance of the'Vork•or parts so-occupied: 1n-addition, the use or -occupancy of the Work shall not telieve the Contractor or the.Contractor's Surety from any liability -'that has arisen, or may arise;,from'the performance-of the Work An-accordance-with t 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 not waive-the i -Owner's right•to°•charge,the;Contractor-liquidated damages in-accordance-with the terms of the Contract. GC 3.14 Claims,Negotiations,Mediation GC 3.14.01 Continuance of the Work .01 Unless the-Contract has been terminated or completed the Contractor shall in every case, after serving or receiving any°notification of a claim or dispute,-verbal-or written, continue to proceed with the Work with-due diligence and.expedition.`;It<is understood,by'the parties that such,action will not jeopardize any claim it may have. GC 3.14.02 Record Keeping 01 Immediately upon commencing work which may result in a claim, the Contractor shall keep Daily Work Records during the course of the•Work,sufficientto substantiate the Contractor's claim, and the Contract Administrator will-keep Daily WorK'Records,to be used in assessing the Contractor's claim, all'-in accordance with clause GC 8.02.07, Records. .02 The Contractor and the Contract Administrator shall reconcile their respective Daily Work Records on a dailybasis,to simplify review of the claim,when submitted. .03 The keeping of Daily Work Records by the Contract Administrator or the reconciling of such Daily Work Records with those of the'Contractor shall not be construed to be acceptance of the,claim. GC 3.14.03 Claims Procedure .01 The Contractor shall give verbal notice of any situation which may lead to a claim for additional payment immediately upon becoming aware of the situation.- .02 The Contractor shall provide written notice in the standard form "Notice of Intent to Claim" within 7 Days of the commencement of any part of the Work which may be affected by the situation. OPS General Conftom of Contra-September 1999 Pape 13 .03 The Contractor shall submit detailed claims as soon as reasonably possible and in y puss 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 314.04 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. 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 'fin-meet with the parties together and separately, as necessary, to review all aspects of the issue. In a 61 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 part y 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. Pape 14 oPS Q4mr 11 Conftm of Contract-September 1999 GC 3.14.07 Rights of Both Parties .01 It is agreed that no action taken under this subsection GC 3.14, Claims, Negotiations, Mediation, by either party shall be construed as a renunciation or waiver of any of the rights or recourse available to the parties, provided that the requirements set out in this subsection are fulfilled. GC 3.15 Engineering Arbitration GC 3.15.01 Conditions for Engineering Arbitration .01 If a claim is not resolved satisfactorily through the negotiation stage noted in clause GC 3.14.04, Negotiations, or the mediation stage noted in clause GC 3.14.05, Mediation, either party may invoke the provisions•of subsection GC 3:15, Engineering Arbitration, by giving written notice to the other party. .02 Notification that arbitration shall be implemented to resolve the issue shall be,communicated in writing as soon as''possible and 'no-later,than'60-,Vaysl,foIlowing,the-opinion---given in paragraph GC 3.14.03.05. Where the use of a thins 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 pros edures:of the Arbitration Act, 1991, S.O..1991, c.17, as'amended;.shall apply to any>arbitrati on conducted•hereunder,except.to the,extent that they are modified :by ahe,express provisions of this subsection GC 3.15, Engineering Arbitration. GC 3.15.02 Arbitration Procedure .01 The following provisions are to be included in the agreement to arbitrate and are subject only to.such right of appeal-as exist where the arbitrator has exceeded'his or her jurisdiction or have otherwise disqualified him or herself: a) All existing`actions in respect of the matters under arbitrationwill'be,stayed pending arbitration; b) All outstanding claims and matters to be settled are to be set out in a schedule to the agreement Only such claims and-matters as are in the schedule will be arbitrated;and c) Before proceeding with the arbitration, the Contractor shall confirm that all matters in dispute are set out in the schedule. GC 3.15.03 Appointment of Arbitrator .01 The arbitrator shall be mutually agreed upon'bythe Owner-and Contractonta-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 General ConcI t ra of Cor td-September 1999 Pape 15 .06 The arbitrator is not bound by the rules of evidence which overn the trial of cases in court urt 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 accordance6 with clause GC 3.14.06, Payment GC 3.16 Archaeological Finds .01 If the Contractor's operations expose any items which may indicate an archaeological find, such as building remains, hardware, accumulations of bones, pottery, or arrowheads, the Contractor shall immediately notify the Contract Administrator and suspend operations within the area identified by the Contract Administrator. Notification may be verbal provided that such notice is confirmed in writing within 2 Days. Work shall remain suspended within that area until otherwise directed by the Contract Administrator in writing, in accordance with subsection GC 7.09,Suspension of Work. .02 Any delay in the completion of the Contract that is caused by such a suspension of Work will be considered to be beyond the 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 �;:.:... w Pape le oPS General Condkions of Conftd-September 1 M 1 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,,soielysequired.for Project approval. GC 4.03 Management and Disposition of Materials .01 "The Owner will identify in the Contract Documents the materials to be moved within or removed from the Working Area, and any characteristics'of those materials which will necessitate special materials management and disposition. ^ ", ':02'`;In acboidance' th tegulations under the 0ocupationaf-Health•arid Safety Act;RtS:0.9990;c:0:1, as amended,the Owner advises that a) the designated substances silica, lead and arsenic are generally present throughout the Working Area occurring naturally or as a result of vehicle emissions; b) the designated substance asbestos is present in asbestos conduits for utilities; 'c)'the,foliowing7 hazardous-materials are'•ordinarily,present im construction,activities: limestone, gypsum,marble, mica and Portland cement;and d) exposure,-to these substances may-occur, as"a result of-activities'by the°Contractor such as sweeping,grinding,crushing,drilling, blasting;cutting and abrasive blasting. .03 The Owner will identify in the Contract. Documents any designated substances or hazardous materials other than those identified above and their location in the Working Area. -.04',If the Owner or Contractor discovers or is advised-of-the'presence Hof:designated-substances or hazardous materials which are in addition to those listed,in .paragraph GC 4:03.02, or not clearly identified in the-Contract Documents according:to' paragraph:GC 4�a303 thenzverbal;notice will be provided to the other party immediately with written confirmation-within,2,Days. ,The:Contractor will stop work in the area immediately and will,determine the necessary steps required to-complete the work in accordance with applicable legislation and regulation. .05' The "Owner will' be responsible for any reasonable,additional costs of removing, managing_and disposing of any material!not,identified in the Contract•Documents, or where conditions exist that could not have been reasonably foreseen at the.time of tendering.-AII 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 Conclitkma of Contrad-September 1909 Pays 17 GC 4.04 Construction Affecting Railway 9 Y .01 The Owner will pay the costs of all flagging and other traffic control measures required and provided by the railway company unless such costs are solely a function of the Contractor's chosen method of completing the Work. GC 4.05 Default by the Contractor .01 The Contractor shall be in default of the Contract if, a) the Contractor fails to commence the Work or execute the Work properly or otherwise fails to comply with the requirements of the Contract to a substantial degree; or b) if the Contractor is adjudged bankrupt or makes a general assignment for the benefit of creditors because of insolvency or if a receiver is appointed because of insolvency. GC 4.06 Notification of Default .01 the Owner will give written notice of a default to the Contractor as soon as the Owner becomes "aware of the alleged default but failure to give such notice in a timely way shall not constitute condonation of the default The notice will include instructions to correct the default within 5 Working Days. GC 4.07 Contractor's Right to Correct a Default ' .01 The Contractor shall have the right within the 5 full Working Days following the receipt of a 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, _Contractors Right to Correct a Default, or subsequently agreed upon, the Owner,without prejudice to -Rpy 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 18 OPS Gomel Condidone of contract-September 190 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 Owners cost to correct and complete the Work in whole or in part_is less than the amount -withheld from the Contractor under subsection;'GC 4:09; Termination .of-Lontractor's Right to Continue the Work;the Owner will pay the',balance to-the`ContraCtorr 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 bave,'lerrninate the Contract by giving written`notice,of termination to the Contractor,"the °Surety-and=any trustee<or receiver-acting on behalf of•the Contractor's',,"estate or . creditors. 02 If the Owner elects to terminate the Contract the Owner will provide the Contractor and the trustee or receiver with a complete accounting to the date of termination. GC 4.12 Continuation of Contractors 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 Contractors right•to continue with the Work in whole or in part shall continue to be in force after such termination. GC 4.13 Use of Performance Bond .01 If the Contractor is in default of the Contract and the Contractor has,provided-a Performance Bond, the provisions of this Section shall be exercised in accordance with the-conditions of the Performance Bond. oPS oeneml Concifts of conwcx-Sepbmbw 190 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 the Contract Documents. .0i Material supplied by the Contractor shall conform to the requirements of the Contract. .03 As specified or as requested by the Contract Administrator, the Contractor shall make available for ,*pection or testing a sample of any Material to be supplied by the Contractor. .04 The Contractor shall obtain for the Contract Administrator the right to enter upon the premises of the Material manufacturer or supplier to cant'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 5.03._ Rejected Material .01 Rejected Material shall be removed from the Working Area expeditiously after the notification to that effect from the Contract Administrator. Where the Contractor fails to comply with such notice the Contract Administrator may cause the rejected Material to be removed from the Working Area and disposed of in what the Contract Administrator considers to be the most appropriate manner and the Contractor shall pay the costs of disposal and the appropriate overhead charges. GC 5.04 Substitutions .01 Where the specifications require the Contractor to supply a Material designated 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. Pwe 20 OPS General Coodk"of Contract-sepwnber 1999 02 Rulings on a proposed substitution will not be made prior to the acceptance of the Tender. Substitutions shall not be made without the prior approval of the Contract Administrator. The approval or rejection of a-proposed substitution will be made at the discretion of the Contract Administrator. 03 If the proposed substitution is approved by the Contract Administrator, the Contractor shall be entitled to the first $1000 of the aggregate saving in cost by reason of such substitution and to 50% of any additional saving in cost in excess of such $1000. Each such approval shall be conveyed to the Contractor,in writing or by issuance of a Certificate of Equality on the Owner's standard form of "Certification of Equality"'and if any adjustment to the Contract price•is made by reason of such substitution a Change Order shall be issued as well. GC 5.05 Owner Supplied Material GC 5.05.01 Ordering of Excess Material .01 Where Material is supplied by the Owner and where:this:Material-is ordered ty the Contractor in excess of the,amount specfied to complete the Work;zuch,,"excess--Material shall :become the property of the Contractor on completion of the Work and shall be charged to the Contractor at cost plus applicable overheads. GC 5.05.02 Care of Material .01 .The°Contractor shall; in;advance of'receipt of shipments of Material.supplied by the-Owner, provide adequate-And proper storage facilities acceptable to the Contract Administrator and-on�the receipt of such Material shall,promptly place it in storage except where it is to be incorporated forthwith into the Work. .02 The Contractor shall be responsible for acceptance of Material supplied by the Owner, at the specified delivery point and for its safe handling and storage. If such Material is damaged while under-the:control of the Contractor it shall be replaced or repaired bythe Contractor at no expense to the Owner, and to the satisfaction of the Contract Administrator: If.such Material is rejected by the Contract Administrator for reasons which are not the fault of the,Contractoritshall remain in the care and at the risk of the Contractor until its disposition has been -determined by the Contract Administrator. 03 Where Material supplied by the Owner arrives at the delivery point in.a,damaged condition or where there are discrepancies between the quantities received and the:quantitie --shown on the bills of .lading, the Contractor shall immediately-report rsuch damage or discrepancies to the Contract Administrator who shall arrange for'an­'immediate-:inspection...of,:_the°shipment and. provide the Contractor with a written release from responsibility for such damage w deficiencies. Where damage or deficiencies are not so reported it will be assumed that the,shipment arrived in good order and any damage or deficiencies reported thereafter shall be made good by the Contractor at no extra cost to the Owner. .04 The full amount of Material supplied by the Owner in each shipment shall be accounted for by the Contractor and such Material shall be at the risk of the Contractor after taking delivery.. Such Material shall not, except with the written permission of the Contract Administrator, be used by the Contractor for purposes other than the performance of the Work under the Contract .05 Empty reels, crates, containers and other type of packaging from Material supplied by the Owner shall become the property of the Contractor when they are no longer required for their original purpose and shall be disposed of by the Contractor unless otherwise specified in the Contract Documents. OPS General conditions or contract-sepwnbsr 1999 Paps 21 .06 The Contractor shall provide the Contract Administrator, immediately p ed ately 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 cost to the Owner. 1 Pape 22 OPS General Condkima of Conftd-September 1999 SECTION GC 6.0-INSURANCE, PROTECTION AND DAMAGE GC 6.01 Protection of Work,Persons and Properly 01 The Contractor, the Contractor's agents and all workers employed by or under the control.of the Contractor, including Subcontractors, shall protect the Work, persons and property from damage or injury, and shall be responsible for all losses and damage which may arise as the result of the Contractor's operations under the Contract unless indicated to the contrary below. .02' The Contractor is responsible for the full cost of any necessary temporary provisions and the restoration of all damage where the Contractor damages the Work or property in the performance of the Contract. If the Contractor is not responsible for the damage that occurs to the Work or property the Contractor shall restore such damage, and such work shall be administered according to these General Conditions. .03 The Contractor shall immediately inform the Contract Administrator of,alVdamage 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;employeps,.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 indemnity and hold harmless the Owner and the Contract Administrator, their agents, officers and -employees from and against all claims, demands, losses, .expenses, costs, damages;'actions, suits`or,proceedings,"by third parties,. hereinafter called "claims", directly or indirectly arising or alleged to arise out of the performance of or the failure to perform the Work, provided such claims are, a) attributable to bodily injury, sickness, disease, or death or to damage to or destruction of tangible property; b) caused by negligent acts or omissions:of the-Contractor or anyonefor,whose acts the Contractor may be liable; and c) made in writing within a period of 6 years from the"date of"Substantial•Perfdrmance of the Work as, set out in'the Certificate of Substantial Performance of the Work or, where so specified in the Contract from the date of certification of Final Acceptance. 02 The Contractor shall indemnify and hold harmless the Owner from all and every claim for damages, royalties or fees for the infringement of any patented invention or copyright occasioned by the Contractor in connection with the Work performed or Material fumished by the Contractor under the Contract .03 The Owner expressly waives the right to indemnity for claims other than those stated_above in paragraphs GC 6.02.01 and GC 6.02.02. .04 The Owner shall indemnify and hold harmless the Contractor, his agents, officers and employees from and against all claims, demands, losses, expenses, costs, damages, actions, suits, or proceedings arising out of the Contractor's performance of the Contract which are attributable to a lack of or defect in title or an alleged lack of or defect in title to the Working Area. oPS General condition of conaad-Sepwnber 1M Pape 23 .05 The Contractor expressly waives the right to indemnity for claims other than those stated above in paragraph GC 6.02.04. GC 6.03 Contractor's Insurance GC 6.03.01 General .01 Without restricting the generality of subsection GC 6.02, Indemnification, the Contractor shall provide, maintain and pay for the insurance coverages listed under clauses GC 6.03.02 and GC 6.03.03. 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 !igministrator named as additional 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 ' Insurance Bureau of Canada Form IBC 2100,dated 8-87. =� .02 4Another form of insurance equal to or better than that required in IBC Form 2100 may be used, provided all the requirements listed in the Contract are included. Approval of this insurance will be conditional upon the Contractor obtaining the services of an insurer licensed to underwrite insurance in the Province of Ontario and obtaining the insurer's certificate of equivalency to the required insurance. .03 The insurance shall be maintained continuously from the commencement of the Work until 12 months following the date of Substantial Performance of the Work, as set out in the Certificate of Substantial Performance of the Work, or until the Final Acceptance Certificate is issued, whichever is later, and with respect to completed operations coverage for a period of not less than 24 months from the date of Final Acceptance of the Work as set out in the Final Acceptance Certificate, and thereafter to be maintained for a further period of 4 years. .04 f The Contractor shall submit annually to the Owner, proof of continuation of the completed operations coverage and if the Contractor fails to do so, the limitation period for claiming indemnity described in paragraph GC 6.02.01 c),will not be binding on the Owner. .05 Should the Contractor decide not to employ Subcontractors for operations requiring the use of explosives for blasting,or pile driving or caisson work, or removal or weakening of support of property building or land, IBC Form 2100 as required shall include the appropriate endorsements. .06 The policies shall be endorsed to provide the Owner with not less than 30 Days' written notice in advance of cancellation,change or amendment restricting coverage. .07 "Claims Made"insurance policies will not be permitted. GC 6.03.03 Automobile Liability Insurance .01 Automobile liability insurance in respect of licensed vehicles shall have limits of not less than 5 million dollars.inclusive per occurrence for bodily injury,death and damage to property, in the following forms endorsed"to provide the Owner with not less than 30 Days' written notice In advance of any cancellation,change or amendment restricting coverage: a) standard non-owned automobile policy including standard contractual liability endorsement, and b) standard owner's form automobile policy providing third party liability and accident benefits insurance and covering licensed vehicles owned or operated by the Contractor. Pape 24 OPS Geneal Condkion of contract-Septwnber 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.„withthe.0uuner,and,the Contract Administrator named.as additional insureds; insuring,,not:aess:.than,the sum:�of:the..amount of the _ Contract price and. the full value, as maybe stated,.in..the, Supp lemental-General.4Conditions, of Material-that is=specified to be provided by=.the-'Owner far incorporation into.the :Work, <with.a deductible not exceeding 1%of the amount insured at the site of the Work. This insurance shall be in a form acceptable to the Owner and-shall be maintained continuously until 10 Days.after.the date-of. . Final Acceptance of the Work,as set out in the Final Acceptance Certificate. GC16.03.05.02 Boiler Insurance 01 PBoilerinsurance`insuriog'.the interests of the Contractor the Ownerand the Contract. for not less than the replacement value of boilers and pressure vessels.forming part:of the Work, shall be in a form acceptable to the Owner. This insurance `shall be maintained .continuously from commencement of use or operation of the property insured until 10 Days after the date of Final Acceptance of the Work,as set out in the Final Acceptance Certificate. GC 6.03.05.03 ­Use and Occupancy of the�Work�Priorto Completion °.01 Should the Owner wish to use or occupy part or all of the Work priorao Substantial Performance,the "Owner will•give,30'Days"written notice to`the°Contractor of the.intended purpose and,extent of such use oroccupancy. Prior~to-such use or occupancy the Contractor shall notify the Owner in writing of the additional premium cost, if any, to maintain property and boiler insurance, which shall be at the Owner's expense. If because of such use or'occupancy,the Contractor is,unable to provide coverage, the Owner upon written notice from:the:Contractorand .prior.bo^such use.or,occupancy shall provide, maintain and pay for property'.and boiler.insurance.insuring.the-full:value of the Work, including coverage for such use or occupancy,-and shall.provide the CContractor with-proof of such insurance: •'The Contractor,shall refund to the Owner,the'uneamed cpremiums 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 Cwdidons of Contred-September I M Peps 26 GC 6.03.05.04 Payment for Loss or Damage .01 The Contractor shall be entitled to receive from the Owner, in addition to the amount due under the Contract, the amount at which the Owners interest in restoration of the Work has been appraised, such amount to be paid as the restoration of the Work proceeds and in accordance with the requirements of Section GC 8.0, Measurement and Payment. In addition the Contractor shall be entitled to receive from the payments made by the insurers the amount of the Contractor's interest in the restoration of the Work. .02 The Contractor shall be responsible for deductible amounts under the policies except where such amounts may be excluded from the Contractor's responsibility by the terms of this Contract. .03 In the event of a loss or damage to the Work arising from the action or omission of the Owner or others, the Owner shall pay the Contractor the cost of restoring the Work as the restoration of the Work proceeds and in accordance with the requirements of Section GC 8.0, Measurement and Payment GC 6.03.06 Contractoes Equipment Insurance .01 All risks Contractor's equipment insurance covering construction machinery and equipment used by the Contractor for the performance of the Work, including boiler insurance on temporary boilers and pressure vessels, shall be in a form acceptable to the Owner and shall not allow subrogation claims by the insurer against the Owner. The policies shall be endorsed to provide the Owner with not less than 30 Days' written notice in advance of cancellation, change or amendment restricting coverage Subject to satisfactory proof of financial capability by the Contractor for self-insurance of the 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 hall 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. A5 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 General Conditbne 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. oPS Oenenl Condkkxw of C rArad•September 19W Page 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 zp> various parts of the Work. .04 The Contractor shall have the sole responsibility for the design, erection, operation, maintenance and removal of temporary structures and other temporary facilities and the design and execution of construction methods required in their use. .05 ��-Notwithstanding paragraph GC 7.01.04, where the Contract Documents include designs for temporary structures and other temporary facilities or specify a method of construction in whole or _ part, such facilities and methods shall be considered to be part of the design of the Work, and the Contractor shall not-be held responsible for that po 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 213/91 (which regulates Construction Projects) and any other regulations under the Act (the "Regulations")which may affect the performance of the Work, as the "constructor"or"employer", as defined by the Act, as the case may be. The Contractor shall ensure that a) worker safety is given first priority in planning, pricing and performing the Work; b) its officers and supervisory employees have a working knowledge of the duties of a "constructor" and"employer"as defined by the Act and the provisions of the Regulations applicable to the Work, and a personal commitment to comply with them; c)-a copy of the most current version of the Act and the Regulations are available at the Contractor's office within the Working Area, or, in the absence of an office, in the possession of the supervisor responsible for the performance of the Work; df'workers employed to carry out the Work possess the knowledge, skills and protective devices required by law or recommended for use by a recognized industry association to allow them to work in safety; e) its supervisory employees carry out their duties in a diligent and responsible manner with due consideration for the health and safety of the workers;and f) all Subcontractors 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. Pape 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 Contractors 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, famish all reasonable aid; facilities and assistance required by the Contract Administrator for the:tproper inspection and examination of the Work or the'taking of measurements for th&purposeoft.payment 11 The Contractor shall Pd and re are, update as required,a.construcbon_scbsdule indicating the timing of P P the major and critical activities of'the Wok-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 r, ';Contractorshall promptly=report'it to the Contract Administrator and shall not prooeed`with the activity `affected until receiving-direction from theContractAdministrator. 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 Contractors forces during construction ,if'the`'stake'out locations are within 1he`-tolerances,given in-paragraph GC 2.01.01 a). GC 7.02 Layout .01''` Prior to commencement`of construction,the Contract'Administrator and the Contractor will locate on site those property bars, baselines and benchmarks which are necessary to delineate the Working Area and to lay out the Work,all as shown on the Contract Drawings. .02 The Contractor shall be responsible for the,preservation of all,property barsFwhile the Work is in progress, except those property bars.•which-must,.be. removedAo.faalitate::1he Work. Any other property bars disturbed, damaged`or removed by the Contractors operations.shall be replaced by.an Ontario Land Surveyor,at the Contractors expense. .03 At no extra cost to,the`Owner, ,the Contractor shall provide the Contract Administrator with such materials and devices as may be necessary to lay out the baseline and benchmarks, and as may be necessary for the inspection of the Work. 04 The Contractor shall provide qualified personnel to lay out and establish all lines and grades necessary for construction. The Contractor shall notify 1he 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 Geneal ConciNkma of contract•September IWO Pays 29 .06 The Contractor shall assume full responsibility n i '' po s ty for alignment, elevations and dimensions of each and all parts of the Work, regardless of whether the Contractors layout work has been checked by the Contract Administrator. .07 All stakes, marks and reference points provided by the Contract Administrator shall be carefully preserved by the Contractor. In the case of their destruction or removal as a result of the Contractors operations, such stakes, marks and reference points will be replaced by the Contract Administrator at the Contractors expense. ' 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 Contractors _t 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 '`Where a vehicle is hauling Material for use on the Work, in whole or in part upon a Highway, and where motor vehicle registration is required for such vehicle, the Contractor shall not cause or permit such vehicle to be loaded beyond the legal limit specified in the Highway Traffic Act, R.S.O. 1990, _�p.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 The'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 cant'out snowplowing. .03 Where localized and separated sections of the Highway only are affected by the Contractors operations, the Contractor will not be required to maintain intervening sections of the Highway until such times as these sections are located within the limits of the Highway affected by the Contractors general operations under the Contract. .04 Where the Contract Documents provide for or the Contract Administrator requires detours at specific 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 General CwWkk ns of contrad-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 th e Roadway and detours in a passable, safe and satisfactory condition for public travel ' 07 Where the Contractor constructs a detour which is not specifically provided .for. in the Contract Documents;or required by the Contract Administrator,'the construction of the detour and, if required, the subsequent removal shall be performed at-the.Contractor's expertise.,.,The detour shall be constructed and maintained to strutturgV'and geometric'-staodards�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,`erect and maintain-traffic control devices in,accordance with the MUTCD. '~ -09 'Compliance"with1he foregoing-provisions shall in no'way relieve the Contractor of.obligations under a,-:.` subsection'GC f601 Protection bf'Work;'.Persons'and'Property,,'.dealing:with the:-Contractor's responsibility for damage claims, except for claimS'arising on sections of Highway within the Working Area that are being maintained by others. GC 7.07 Access to Properties Adjoining the Work and Interruption of Utility Services 01 The Contractor shall provide at all times,and at no extra cost to the Owner, a),adequate'pedestrian and vehicular access;and b) continuity of Utility services to properties adjoining the Working Area. 02` The Contractor shall provide at all times and at no extra cost to the Owner access to fire hydrants, and water and gas valves located in the Working Area. -.03 -Where any interruptions in the supply-of utility services are required;and are authorized by.the Contract Administrator,-the Contractor shall give the affected prop""owners°notice in accordance with subsection`GC 7:11, Notices by the Contractor,'and shall arrange'such interruptions so as to create a minimum of interference to those affected. GC 7.08 Approvals and Permits 01 ' Except as,specified in subsection'GC 4.02;Approval and Permits,the Contractor shall obtain and pay for any permits, licenses,,and certificates which at the date of tender closing, are required for the performance of the Work. .02 The Contractor shall arrange for all necessary inspections required by the approvals and permits specified in paragraph GC 7.08.01. OPS General conditions of contract-September 1999 Page 31 GC 7.09 Suspension of Work .01 The Contractor shall, upon written notice from the Contract Administrator, discontinue or delay any or all of the Work and work shall not be resumed until the Contract Administrator so directs in writing. Delays, in these circumstances,will be administered according to subsection GC 3.08, Delays. GC 7.10 Contractor's Right to Stop the Work or Terminate the Contract .01 If the Owner is adjudged bankrupt or makes a general assignment for the benefit of creditors because of insolvency or if a receiver is appointed because of insolvency, the Contractor may, with 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 „i .02 If the Work is stopped or otherwise delayed for a period of 30 Days or more under an order of a court or other public authority and provided that such order was not issued as the result of an act or fault of he,Contractor or of anyone directly employed or engaged by the Contractor,rthe Contractor may, 'thout 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 r_ Contractor shall be entitled to be paid for all work performed according to the Contract Documents and for any losses or damage as the Contractor-may sustain as a result of the termination of the Contract. GC 71:1 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. , Page 32 OPS tienaral Conditions of Contract-September 1999 GC 7.12 Obstructions .01 Except as otherwise noted in these General Conditions, the Contractor assumes all the risks and responsibilities arising out of any obstruction encountered in the performance of the Work and any traffic conditions, including traffic conditions on any Highway or road giving access to the Working Area caused by such obstructions, and the Contractor shall not make any claim against the Owner for any loss, damage or expense occasioned thereby. ` .02 Where the obstruction is;a Utility or other man-made object, the Contractor shall not be required to; assume the risks and responsibilities arising out of such obstruction, unless the location of the. obstruction is shown on the plans or described in the specifications and the location.so shown is within the tolerance specified in paragraph GC 2.01.01 a), or unless the presence and location of the obstruction has otherwise been made known to the Contractor or could have been determined by the visual site investigation made by the Contractor in accordance with these General Conditions. 03 During the course of the Contract, it is-the.Contractor's,responsibility.to;consult-.with Utility companies or other appropriateauthorities for further information-in;regard tothe.exactiocation-of these Utilities, to exercise the necessary care in construction operations;and Ito=take-such Omer precautions as are necessary to safeguard the Utility from damage. GC 7.13 Limitations of Operations .01 Except for such work as may required by the Contract Administrator-to maintain the Work in-a safe: and satisfactory condition, the Contractor shall not carry on operations under the Contract-on. 'Sundays without permission in writing from the Contract Administrator. ' 02 The Contractor shall cooperate with other Contractors, Utility companies and the Owner and they shall be allowed access to their work or plant at all reasonable times. GC 7.14 Cleaning Up Before Acceptance A1' Upon attaining Substantial Performance of the Work, the Contractor shall remove surplus materials, tools,=nstruction.machinery and equipment not-required for the performance of the remaining Work...,The Contractor,shall also remove all temporary works and debris other than that caused by-,the Owner, or others and-leave the Work and Working Area clean and suitable for occupancy by the Owner unless otherwise specified. 02 The Work shall not be deemed to have-reached'Completion,vntil the�-Contractor has removed surplus materials, tools, construction machinery and"equipment: The Contractor shall also have removed debris, other than that caused by the Owner,orothers. 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 Cori tNons of contred-September 1999 Pape 33 d) such longer periods as may be specified for certain Materials or some of the Work. The Contract Administrator will promptly give the Contractor written notice of observed defects or deficiencies. .03 The Contractor shall correct or pay for damage resulting from corrections made under the requirements of paragraph GC 7.15.02. ,e ^YvE Pays 34 OPS General Conditions of Contract-September 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 i 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 fot the 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 in Ihe�Contract`"Adjustments tozPlarr Quantity measurements Twill normally be'made'using Plan Quantity,principles°but may;°where appropriate, be made using Actual Measurements. Those`items'identified'on°the'Tender'-by the'notation (P) in'the_unit column shall be paid according`to`the•'Plan,Quantity.' Items where the notation (P) doe s,not occur shall be a paid according to Actual Measurement ' GC 8.01.02 Variations in Tender Quantities .01 Where it appears that the quantity of Work to be done'and/or-Material-to be supplied by the ' Contractor under a unit price tender'item will exceed or be less'than the tender quantity, the 'Contractor shall proceed to do the Work and/or supply the Material required to complete the tender item and payment will be made for the actual amount of Work done and/or,Material supplied at the unit prices stated in the Tender except as provided below: ' a)•In the,case of a Major Item'where the quantity of Work performed and/or Mated 1,supplied by the . Contractor exceeds•the tender quantity by more than 15%, e'Itherpady 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 r the case of a Major Item where the`quantihy'bFWbtk7performed 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 actuakoverheads and fixed: o.sts;applicable to the amount of the underrun in excess of 15%of the tender quantity: For purposewof the negotiation, the,overheads and fixed costs'-applicable to the item are-deemed to have,been prorated uniformly over 100%-of the tender quantity for the item. Overhead costs shall be confirmed by a statement certified by the Contractor's senior financial officer or auditor and may be audited by the Owner. Alternatively, where •both'parties,agree,",an allowance°equal to 10% of the unit price on the amount of the. underrun in excess of 15%of the tender quantity will be paid. 'Written requests for compensation must be received no later than 60 Days after the issuance of the Completion Certificate. GC 8.02 Payment GC 8.02.01 Price for Work .01 Prices for the Work shall be full compensation for all labour, Equipment and Material required in its performance. The term "all labour, Equipment and Material" shall include Hand Tools, supplies and other incidentals. OPS General Condkkms of Contrast-September 1999 Page 35 .02 Payment for work not specifically detailed as art of an one item and without n Ym PeC Y p y ut 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', 'B'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. *11. Commercial Sources Payment for separated coarse and fine aggregates will be considered at the above rate when ' y'Y 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. r e) All Materials for which the Contractor wishes to receive advance payment shall be placed in the designated storage location immediately upon receipt of the material and shall thenceforth be held by the Contractor in trust for the Owner as collateral security for any monies advanced by the Owner and for the due completion of the Work The Contractor shall not exercise any act of ownership inconsistent with such security, or remove any Material from the storage locations, except for inclusion in the Work,without the consent,in writing,of the Contract Administrator. , f) Such materials shall remain at the risk of the Contractor who shall be responsible for any loss, damage,theft, improper use or destruction of the material however caused. .02 ;Where the Owner makes advance payments subject to the conditions listed in paragraph GC , 8.02.02.01, such payment shall not constitute acceptance of the Material by the Owner. Acceptance shall only be determined when the material meets the requirements of the appropriate specification. GC 8.02.03 Certification and Payment GC 8.02:03.01 Progress Payment Certificate .01 The value of the Work performed and Material supplied will be calculated once a month b the PP y 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, Owners set-off; e) the amount of GST as applicable;and f) the amount due the Contractor. Pays 36 OPS General Condwons of Contract-September 1999 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,ContractAdministrator will set out in the Certificate of.Subcontract pietion the date on which the subcontract-was completed and within'? Days`ofthe`date the-subcontrach,is certified-complete, the Contract Administrator will give a copy -of the certificate°to:the_Contractor aQd:to the Subcontractor concerned. ' GC 8.02.03.03 'Subcontract Statutory Holdback Release Cerdficate.and Payment .01 ' Foliowirig'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."lease.shall-be made = 46 Days after the dateAhe subcontract zwas certified,complete.and providingahe.-Contradotsubmits the following to the Contract Administrator. a) a document'satisfactory to the'Contract Administrator that will release the Owner.from all further ' claims relating to the subcontract, qualified by stated exceptions such as holdback monies; b) evidence satisfactory to the Contract Administrator that the Subcontractor has discharged all liabilities incurred in carrying out the subcontract; c).a satisfactory clearance certificate or letter from the Workplace Safety and. Insurance Board relating to the subcontract~and d) a copy of-the.contract"between'.the Contractor and.the Subcontractor and,a.satisfactory statement showing the total.amount due the Subcontractor from the Contractor. .02 Paragraph'GC 8.02.03.03.01 d),will only apply to Lump Sum Items and then only when the Contract Administrator specifically requests it -.03 Upon receipt of the statutory holdback, 'the Contractor-shall-forthwith give-the Subcontractor the payment due under the subcontract ' 04 Release of statutory holdback by the Owner-in respect of°a°subcontract shall not relieve the Contractor,or the Contractor's Surety, of any of their responsibilities. GC 8.02.03.04 Certification of Substantial Performance .01 Upon application by the Contractor and where the Contract has been substantially performed the Contract Administrator will issue a Certificate of Substantial Performance. .02 The Contract Administrator will set out in the Certificate of Substantial Performance the date.on which the Contract was substantially performed and within 7 Days after signing the said certificate the Contract Administrator will provide a copy to the Contractor. .03 Upon receipt of a copy of the Certificate of Substantial Performance, the Contractor shall forthwith, as required by Section 32(1) Paragraph 5 of the Construction Lien Act, R.S.O. 1990, c.C.30, as amended, publish a copy of the certificate in a construction trade newspaper. Such publication shall include placement in the Daily Commercial News. OPS General Conclftna of cwftct•Sepiarnber 1999 Page 37 .04 Where the Contractor fails to ublish a co of the p copy 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. 130°8.02.03.05 Substantial Performance Payment and Substantial Performance Statutory Holdback Release Payment Certificates .01 When the Contract Administrator issues the Certificate of Substantial Performance the Contract ` Administrator will also issue the Substantial Performance Payment Certificate and the Substantial Performance Statutory Holdback Release Payment Certificate or where appropriate, a combined payment certificate. 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 payment , certificate releasing to the Contractor the statutory holdback due in respect of Work performed up to the date of Substantial Performance. Payment of such statutory holdback shall be due 46 Days after the date of publication of the Certificate of Substantial Performance but subject to the provisions of , the Construction Lien Act and the submission by the Contractor of the following documents: a) a release by the Contractor in a form satisfactory to the Contract Administrator releasing the Owner from all further claims relating to the Contract, qualified by stated exceptions such as outstanding work or matters arising out of subsection GC 3.14, Claims, Negotiations, Mediation; b) a statutory declaration in a form satisfactory to the Contract Administrator that all liabilities incurred , by the Contractor and the Contractor's Subcontractors in carrying out th e.Contract have been discharged except for statutory holdbacks properly retained; , c)„a satisfactory Certificate of Clearance from the Workplace Safety and Insurance Board;and ""proof of publication of the Certificate of Substantial Performance. GC 8.02.03.06 Certification of Completion , .01 Upon application by the Contractor, and when the Contract reaches Completion, the Contract Administrator will issue a Completion Certificate. .02 The Contract Administrator will set out in the Completion Certificate the date on which the Work was completed and within 7 Days of signing the said certificate the Contract Administrator will provide a copy to the Contractor. Pap 38 OPS General Conditions of Contract-September 1999 GC 8.02.03.07 Completion Payment and Completion Statutory Holdback Release ' Payment Certificates .01 When the Contract Administrator issues the Completion Certificate, the Contract Administrator will ' also issue the Completion Payment Certificate and the Completion Statutory Holdback Release Payment Certificate or where appropriate, a combined payment certificate. .02 The Completion Payment Certificate will show, a) measurement and value of Work at Completion; b) the amount of the further'statutory holdback based on the value of further work.completed over 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..Certil jcate,will; be.a.payment-certificate ' releasing to the Contractorthe'further`statutory'holdback Payment A such:statutory holdback shall be due 46 Days after the date of Completiori�ofthe-Work,as established:by>th& ompletion.Certificate but subject to the provisions of the Construction-Lien:Actand:thesubmission-by;the Contractor of , ' 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 thot`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'lnterest Iif payment1s not received on the dates set out below. a) Progress Payment Certificates: 30 Days after-the Cut-Off Date; b) Certificate of,Subcontract Completion:��30 Days'after the:date-oertified as-the date on.which the subcontract was completed; c) Subcontract Statutory Holdback Release Payment Certificate: 76 Days after the date on which the subcontract was completed; d) Substantial Performance Payment Certificate: 30 Days after the date of issuance of the certificate. e) Substantial Performance Statutory Holdback, Release Payment Certificate: 76 Days after publication of the Payment Certificate of Substantial Performance; f) Completion Payment Certificate: 30 Days after the date certified as the date on which the Contract reached Completion; g)Completion.Statutory.Holdback Release Payment Certificate: . 76 Days after the.date,certified as the date which the Work was completed. 02 If the Contractor has not complied with the requirements of the Contract, including all documentation requirements, prior to expiration of the time periods described in paragraph GC 8.02.03.09.01, interest will only begin to accrue when the Contractor has completed those requirements. OPS General Conditions of Contract-September 1999 Pape 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 3.14, Claims, Negotiations, Mediation, interest shall not be paid. ' .04.,, iere,a Contractor fails to comply with the 30-day time limit and the procedures prescribed in p-!*graph 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 r. .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 the cost to remedy deficiencies, the reduction in value of substandard portions of the Work, claims for damages by third parties which have not been determined in writing by the Contractor's insurer, undetermined claims by the Owner under paragraph GC 8.01.02.01 a), any assessment due , the Workplace Safety and Insurance Board and any monies to be paid to the workers in accordance with clause GC 8.02.06, Payment of Workers. _ .02 Under these circumstances the Owner will give the Contractor appropriate notice of such action. ' GC 8.02.03.12 Delay in Payment , 01 The Owner shall not be deemed to be in default of the Contract provided any delay in payment does not exceed 30 Days from the due dates as defined in paragraph GC 8.02.03.09.01. GC 8.02.04 Payment on a Time and Material Basis , GC 8.01. Definitions .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 labour and supervision actively and necessarily engaged on the Work based on the recorded time and hourly rates of pay for such labour and supervision, but shall not include any payment or costs incurred for general supervision, administration of management time spent on the entire Work or any wages, salary or Payroll Burden for which the Contractor is compensated by any payment made by the Owner for Equipment. Cost of Material: means the cost of Material purchased, or supplied from stock, and valued at current market prices, for the purpose of carrying out Extra Work, by the Contractor, or by others when such , arrangements have been made by the Contractor for completing the Work,as shown by itemized invoices. Operated Rented Equipment: means Rented Equipment for which an operator is provided by the supplier of the equipment and for which the rent or lease includes the cost of the operator. 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, `streets, highways and-parking'lotsand includes all work incidental thereto other than work on structures. Sewer -and 'Waterrnain 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 Tm-and which together ' the Working Time does not exceed X10 hours m anyone.Working Day.:and:during which time a unit of equipment cannot practically be used on otherwork but mustA m in n.1he::site:in:.order to-continue.with its'assignedtask`and during which time the unit is irefully operable condition. Structure-Work: means the construction, reconstruction, repair,•'alteration, remodelling, renovation or "demolfion of any-bridge, building,tunnel or retaining wall and includes the preparation for and the laying of , the foundation of,any',bridge, building,tunnel`or retaining wall-and the installation of equipment and ' appurtenances incidental thereto. The 127 Rate: means the rate for a unit of equipment as listed in,OPSS 127, Schedule of Rental Rates for Construction Equipment Including Model and Specification Reference, which is current at the time the work is carried out or for equipment which is not so listed, the rate which has been calculated by the Owner, using the same principles as used in determining The 127 Rates. ' •Work on-a•Time°,and Material Basis: means Changes in the.Work, Extra Work and Additional.Work ''approved:by the lContract Administrator~for payment-on a Time and Material,basis. The Work on a Time and Material Basis shall be��subject to all the terms; conditions, specifications and provisions of.the Contract. Working Time: means each period of time during which a unit of equipment is:actively.and of necessity engaged on a specific operation and the first 2 hours of each,immediately following period during which ' the unit is not so engaged but'during which°the operation-is othermse_proceeding..and.during,which time the unit cannot practically be transferred to other work but must remain on the site in order to continue with its assigned tasks and during which time the-,unit is:in=a.fully,operable condition...;,.. GC 8.02.04.02 Daily Work Records -.01 Daily Work Records prepared as the case may be by either the Contractors representative or the Contract-Administratorandi reporting>thetabour and Equipment employed and the Material used on each Time.and,-Material project, shall-be-reconciled and signed each'day by both the Contractors 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 Pop 41 T t ,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 w. .01 The Owner will pay the Contractor for Material used on each Time and Material project at 120%of the , ��ost of the Material up to $3000, then at 115% of any portion of the Cost of Material in excess of :$3000. - '4V,' GC&02.04.06 Payment for Equipment s 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 Time and Material Basis at 110% of the invoice price approved by the Contract Administrator up to a ' maximum of 110% of The 127 Rate. This constraint will be waived when the Contract Administrator approves the invoice price prior to the use of the Rented Equipment .03 The Owner will pay the Contractor for the Working Time of Operated Rented Equipment used on the Work on a Time and Material Basis at 110% of the Operated Rented Equipment invoice price r approved by the Contract Administrator prior to the use of the equipment on the Work on a7iime and Material Basis. , GC 8 07:04.06.02 Standby Time .01 The Owner will pay the Contractor for Standby Time of Equipment at 35% of The 127 Rate or 35%of ' the invoice price whichever is appropriate. The Owner will pay reasonable costs for Rented Equipment where this is necessarily retained in the Working Area for extended periods agreed to by the Contract Administrator. This will include Rented Equipment intended for use on other work, but has been idled due to the circumstances giving rise to the Work on a Time and Material Basis. .02 In addition, the Owner will include the Cost of Labour of operators or associated labourers who cannot be otherwise employed during the standby period or during the period of idleness caused by the circumstances giving rise to the Work on a Time and Material Basis. .03 The Contract Administrator may require Rented Equipment idled by the circumstances giving rise to the Work on Time and Material Basis to be returned to the lessor until the work requiring the equipment can be resumed. The Owner will pay such costs as result from such return. Page 42 OPS General Conditions of 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. 1 GC 8.02.04.08 Payment for Work By Subcontractors .01 Where the Contractor arranges forWork on a•Time and Material Basis, or_a part of it, to be performed by Subcontractors-,on:.a -Time and. Material ::basis:.and.--has_ireceived,a approval.;—prior to the ' commencement--of.,such":work.—in-.accordance with: they-requirements -of4subsection-._GC, 3.10, Subcontracting by the Contractor;the:Owner will pay the,cost,,of,Vork,,on ea Tree and+Uterial Basis r and Material Basis,bytie:Subcontractor calculatedssif the.Contractor had•done< ae-Workmen a plus-a markup calculated on the following basis: ' a). 20%.of•the first$3,000; plus b) 15%of the amount from$3,000 to$10,000; plus c) 5%of the amount in excess of$10,000. :02 ,,No further markupmill be-applied regardless-of,the extent-to:which,the-work is,assigned or,sublet to..,. .. , others. If work is,assigned:or=sublet::to an;associate,:as defined:by;the,Securrties.Act,no,markup, whatsoever will be applied. ' GC 8.02.04.09 Submission of Invoices 01 At the start,of,the Work;on a .Time and Material.Basis, the Contractor:shall,provide;ahe..applicable labour and-Equipment.rates;not already•submitted to,the Contract Administrator during the course of such work. .02 Separate,summaries shall be-completed by the-Contractor according to the�standard form,"Summary, . for Payment�of Accounts on a,.Time.and Material Basis". . Each-summary shall include,the order number and covering dates of the work and shall itemize,separately labour,Materials and Equipment. Invoices for Materials,Rented Equipment and other charges incurred by the Contractor on the Work on a Time and Material Basis shall be included with-each summary._-.... - 03 Each month.the.ContractAdministrator-will include with.the.monthly-,progress paymeRt certificate, the ' costs of the Work on a Time and Material Basis incurred during,the preceding month all in -accordance with.the contract administrative:procedures and the4 Contractoi',s invoice of the Work on a Time and Material Basis. .04 The final"Summary for Payment of Accounts on a Time and Material Basis"•shall be submitted by the Contractor within 60 Days after the completion of the Work on a Time and Material Basis. ' GC 8.02.05 Final Acceptance Certificate ..01 After..the .acceptance of ..the .Work-the_Contract.Administrator.will issue the,Final, Acceptance Certificate, or, where applicable, after the.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 Conditlons or 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, Owners Set-Off. GC 8.02.07 Records , .01 The Contractor shall maintain and keep accurate Records relating to the Work, Changes in the Work, Extra Work and claims arising therefrom. Such Records shall be of sufficient detail to support the ' `total cost of the Work, Changes in the Work, and Extra Work. The Contractor shall preserve all such original Records until 12 months after the Final Acceptance Certificate is issued or until all claims have been settled, whichever is longer. The Contractor shall require that Subcontractors employed by the Contractor preserve all original Records pertaining to the Work, Changes in the Work, Extra ' Work and claims arising therefrom for a similar period of time. .02 If, in the opinion of the Contract Administrator, Daily Work Records are required, such records shall ' report the tabour and Equipment employed and the Material used on any specific portion of the Work. The Daily Work Records shall be reconciled with and signed by the Contractors representative each day. .03 The Owner may inspect and audit the Contractors Records relating to the Work, Extra Work and ' Changes in the Work at any time during the period of the Contract. The Contractor shall supply certified copies of any part of its Records required whenever requested by the Owner. GC 8.02.08 Taxes and Duties , .01 Where a change in Canadian Federal or Provincial taxes occurs after the date of tender closing for this Contract, and this change could not have been anticipated at the time of bidding, the Owner will increase or decrease Contract payments to account for the exact amount of tax change involved. .02 Claims for compensation for additional tax cost shall be submitted by the Contractor to the Contract Administrator on forms provided by the Contract Administrator to the Contractor. Such claims for additional tax costs shall be submitted not less than 30 Days after the date of Final Acceptance. .03 Where the Contractor benefits from a change in Canadian Federal or Provincial taxes, the Contractor ' shall submit to the Contract Administrator, on forms provided by the Contract Administrator, a statement of such benefits. This statement shall be submitted not later than 30 Days after Final Acceptance. ' .04 Changes in Canadian Federal or Provincial taxes which impact upon commodities,which when left in place form part of the finished Work, or the provision of services,where such services form part of the ' Work and where the manufacture or supply of such commodities or the provision of such services is carried out by the Contractor or a Subcontractor, are subject to a claim or benefit as detailed above. Services in the 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'" OPS General Conditions of CoMred-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 Pape 45 i