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Home My WebLink About2002-176 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2002- 176 Being a By-law to authorize a contract between the Corporation of the Municipality of Clarington and Jeffrey G. Wallan's Construction, Brighton, Ontario, to enter into agreement for the Splash Pad Renovations, Orono Park. 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 and seal with the Corporation Seal, a contract between, Jeffrey G. Wallan's Construction , of Brighton, Ontario, and said Corporation; and 2. THAT the contract attached hereto as Schedule "A'form part of this By-law. 12th November By-law read a first and second time this day of , 2002. 12th November By-law read a third time and finally passed this day of , 2002. 22/ddL John n, ayor Pa i Oar unicipal Clerk Leading the Way MEMO TO: Patti L. Barrie, Municipal Clerk FROM: Lou Ann Birkett, C.P.P., A.M.C.T., Purchasing Manager DATE: Friday, December 06, 2002 RE: EXECUTION OF TENDER CL2002-30 ORONO PARK SPLASH PAD RENOVATIONS Please find enclosed one (1) fully executed contract document for the above noted tender. Thank you for your interest in this matter. Thank You, Lou Ann Birkett LAB*eo ' UH • engineers architects planners CORPORATION OF ' THE MUNICIPALITY OF CLARINGTON ORONO PARK ' SPLASH PAD RENOVATIONS CONTRACT NO. CL2002-30 AUGUST 2002 UH ■ engineers architects planners TSH No. 42-80179 AGREEMENT THIS AGREEMENT made in quadruplicate this 28th day of October, 2002 BETWEEN: JEFFREY G. WALLAHS CONSTRUCTION LIMITED of the Municipality of Brighton 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" 1 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. CL2002-30, Orono Park, Splash Pad Renovations. ADDENDUM NO. 1 — dated October 7, 2002 A. TENDER FORM: GeneralPages 1 and 2 Itemized Bid Page 3 Bonds 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 9 iE. SPECIAL PROVISIONS - TENDER ITEMS Pages 1 to 7 F. STANDARDS AND DRAWINGS 1-5 G. STANDARD SPECIFICATIONS: It shall be the Contractor's responsibility to obtain the applicable edition of the following Ontario Provincial Standard Specifications. OPSS No. Date OPSS No. Date OPSS No. Date 127 Current 314 Dec. 1993 510 Oct. 1993 128 Current 351 Sept. 1996 570 Aug. 1990 201 Feb. 1996 407 Nov. 2001 571 Aug. 1990 206 Nov. 2000 410 Apr. 1999 701 Apr. 1999 310 Mar. 1993 H. 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 fifteen (15) working days from the date of commencement. IN CONSIDERATION WHEREOF said party of the second part agrees to pay to the Contractor for all work done, the unit prices on the Tender. This agreement shall enure to the benefit of and be binding upon the heirs, executors, administrators and assigns of the Contractor and on the heirs and successors of the Purchaser. Page 2 of 3 IN WITNESS WHEREOF, the Contractor and the Purchaser have hereunto signed their names and set their seals on the day first above written. SIGNED and sealed by the Contractor ) v 02 in the presence of ) ) SIGNED and sealed by the Purchaser ) ) J06 (Mutton. Nlavor in the presence of ) L,,-) ) ett" erria, Clerk P:42-80179/Specs/Agreement-SD.doc Page 3 of 3 ' CONTRACT NO. CL2002-30 MUNICIPALITY OF CLARINGTON 1 of 7 ' ORONO SPLASH PAD RENOVATIONS ' ADDENDUM NO. 1 ' Contractors are hereby advised of the following modification to Contract No. CL2002-30: INSTRUCTIONS TO TENDERERS The following clause shall be added: ' 18. AWARD OF THE CONTRACT Award of the contract will be subject to the receipt of the necessary approvals from the Ganaraska Region Conservation Authority (GRCA) and the Ministry of Natural Resources (MNR). SPECIAL PROVISIONS- GENERAL ' Page 1: Clause 2- CONTRACT TIME AND LIQUIDATED DAMAGES The following shall be added to the first paragraph of subsection(2): "Should the Contractor wish to defer start of construction until the Spring of 2003, all works must be completed prior to June 1, 2003." ' ITEMIZED BID ' Page 3, Item No. 2: In the description for this Item, delete "(2 locations)" and replace with "(2 crossings, one location)". ' Item No. 3: Quantity shall read 65. Add the following Item: Item Spec. Description Unit Quantity Unit Total ' No. No. Price 13 SP Replacement of Plumbing at LS 2,000.00 Utility/Change Room SPECIAL PROVISIONS—TENDER ITEMS Page 1: 25 mm SERIES 160 WATER SUPPLY PIPE—ITEM NO. 3 ' CONTRACT NO. CL2002-30 MUNICIPALITY OF CLARINGTON ' ORONO PARK SPLASH PAD RENOVATIONS ADDENDUM NO. 1 2 of 7 ' Delete the first paragraph and replace with: ' "The unit price bid for this Item shall include for the installation of the waterline from the utility room to the proposed supply/drain chamber at the spray pad, including excavating, disposal of excess material off-site, backfill, compaction and restoration of disturbed areas with 100 mm of screened ' topsoil and nursery grown sod." Page 3: Revise the description of Item No. 2 to read: ' "CREEK CROSSING-BY SUBSURFACE METHOD (2 Crossings, 1 Location)" Page 7: CONNECT TO EXISTING WATER SUPPLY AT MAINTENANCE ROOM-ITEM NO. 12 All 50 nun references shall be revised to read "38 nun". ' Add the following sentence to the first paragraph: ' The lump sum price shall also include for all work required to place the supply line from the solenoid valve to the outside of the utility building which may require the coring of the foundation wall." ' Add the following paragraph: "In addition to the work inside the utility room, the lump sum price bid shall include for the removal of the valve and service box on the east side of the building, the permanent capping of the pipes at this location and restoration of all disturbed areas with 100 mm of imported topsoil and nursery grown sod." ' Add the following Special Provision: REPLACEMENT OF PLUMBING AT THE UTILITY/CHANGE ROOM BUILDING- ITEM ' NO. 13 Payment shall be made under this Item for the replacement of the existing piping at the utility/change ' room as required to satisfy the Municipality of Clarington Plumbing Inspector. This may include, but not be limited to, the replacement of galvanized pipes and fittings with copper piping to meet current plumbing code requirements. The $2,000.00 lump sum amount shall be included in the total amount bid. Payment for this Item will be paid for on a time and material basis. DRAWINGS: Drawings 1, 3, 4 and 5 have been revised to reflect the changes in design as noted elsewhere in this Addendum. It should be noted that the water supply line from the utility room to the spray pad will be ' all new pipe. ' CONTRACT NO. CL2002-30 MUNICIPALITY OF CLARINGTON ' ORONO PARK SPLASH PAD RENOVATIONS ADDENDUM NO. 1 3 of 7 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 7, 2002 P:/42-80179/Specs/19327ADD1.doc r t 50 . NORT y REMOVE�OFF VALVE•sErtwcE BOX 0 1 3&rwn COPPER WATER SUPPLY (WJK PAL) < UNDER NO CIRCUMSTANCE SHALL WORK 2i a: BE CARRIED OUT VNTHIN THE CREEK K -- SEE DWG 5 FOR WATER SUPPLY/CONTRCUMt DETAILS TO PROPOSED SPLASH PAD \ 1 PROPOSED'1MIIINII WMANF�OLD/9gEN01D VALVE / / -_- N, 10/702 P.F.M REVISED WATER SUPPLY CONFIGURATION }I PROPOSED PIT LOCATION(TYP.) i 0 `\ I� �I� ' O �( No. DATE BY ISSUES/REVISIONS E ' ' KSA 5 p,Draft 2 f I v TEA 508 a TEL 905-]72-2121 a CRFEI(CROSSMG BY.SUBSURFACE INSTALLATION /rnflnNTf FA: 9os]7x-]621 SLT FENCE MID � arahlL�etw E-m.0 mew9�I.n.w planners I } PROPOSED ELECTRICAL OONDINT FROM CONTROLLER TO ACTIVATION Wa..PU .a.N.w1ro...aA.o. MAMERR By NsT LINE BOLLARD- 3 CONDUCTORS.M14 AM I ` M1.aT.11M1 1,Y�..�n�.... 1. :te a tM ». �. i 11114IUM 1-%BELOW BED 1 LIMIT VEHICLE AOCESS I CLIENT' DINING WADING POOL TO BE �._ ACTIVATION BOLLARD 1 REMOVED AND REPLACED WITH +�+ SPLASH PAD(AT SAME ELEVATION) cloAn"In" SEE DWO 2 FOR E10STING CONDIII AND REMOVALS (I_ ■I■`Q(�� SEE DWG. 3 FOR CONSTRUCTION DETAIL OF SPLASH PAD T SEE DWG. 4 FOR SPRAY FEATURES AND SUPPLY/bRAIN CHAMBER DETAIL t , °di^g the TYay ABANDON— DRAM E%.100mm DRAIN(TO BE MAINTAINED) -- PROJECT: EXISTING 2lMmm SHUT OFF VALVE OUTING 100mm DRAIN VALVE �\ ORONO PARK o SPLASH PAD RENOVATIONS . W CL2002-30 DRAWING: ° EXISTING DETAIL AND (e < PROPOSED CONSTRUCTION LyJ DRAWN BY: CHECKED BY PROJECT NO.: Z L MAY R.ALBRIGHT 42d0119 d pESIGNED BY: APPROVED BY: DRAWING N., } R.ALBRIGHT R.ALBRIGHT v ° SCALE: DATE: 1:600 AUGUST 2002 J TOP SOIL AND SOD PROPOSED 200mm ROUND REPLACE EXISTING WOOD COVER DISTURBED AREAS WITH CAST IRON FRAME AND RUST PROOF FRAME AND ' LOCKING COVER.O.P.S.D.-401.030 GRATE.MAXIMUM GRATE OPENINGS..MOUNTED ON DRAIN CHAMBER.CHAMBER TO BE 900mm IN DEPTH.EXISTING ' PIPE INVERTS TO BE MATCHED. CHAMBER TO BE BENCHED. TOP OF GRATE 99.900 EXISTING 100 m NORTH AND SOUTH INVERT 99.30 SHUT OFF V VE 25mm SERIES 160 WATER LINE TO SPRAY FEATURE(SEE DWG.4) PROPOSED 900mm SUPPLY/DRAIN 3 CHAMBER ' CM FRAME AND LOCKABLE COVER O.P.S.D.-401.030 TOP OF GRATE 100.000 SOUTH INVERT 99.40± ' (SEE DWG.4 FOR VALVE DETAIL) 100. 0 yr °1 .00 PROPOSED 25mm WATER SUPPLY LINE 4.Om 100mm PVC DRAIN PIPE @ 1.0°k MIN. BM ELEV.100.000 TOP OF S.E.CORNER ' 25MPa CONCRETE OF DRAIN CHAMBER EXISTING 100mm DRAIN SAW CUT @ 2400mm O/C PLAN ' PROPOSED CONCRETE 150mm X 150mm WELDED SPLASH PAD DRAIN WIRE MESH(10 GAUGE) PLACE 50mm FROM BOTTOM OF CONCRETE ' EX.DRAIN CHAMBER 200mm� 100mm TOPSOIL AND SOD 3.0% 3.0% C? .. .. .. .. .... . . .... .. ' N I H °f EXISTING 100mm DRAIN PROP.200mm DRAIN PROPOSED 900mm SUPPLY/DRAIN CHAMBER ' PROP.100mm PVC DRAIN PIPE PROPOSED 200mm MIN.GRANULAR'A'BASE VOIDS LEFT BY THE REMOVAL OF THE WADING SECTION POOL TO BE FILLED WITH GRANULAR'A' ORONO PARK SPLASH PAD N PROPOSED DETAILS m MUNICIPALITY OF CLARINGTON ' C.b0 .OnMMI 1d7�Ot .f.M 11EV1lED WATflI SU►RY CONFgUMTI°N � ��/V.QIrb Z MA e« CL2002-30 r- �InNr+ ,ri wsana,r PAX 9aa7i-am plan nore PAXN bupMS A SEPT. 2002 Scale: N.T.S. 3 o 7 1 1 200mm DRAIN SPRAY FEATURE 1 1 3mt VERTICAL SPRAY WITH 3m TO 4m SPRAY COVERAGE (10-20 GPM) 1 SPRAY COVERAGE 25mm SERIES 160 WATER LINE i PROPOSED 900mm SUPPLY/DRAIN CHAMBER I SEE DETAIL BELOW PROPOSED 25mm WATER SUPPLY LINE ACTIVATION BOLLARD 1 SPRAY FEATURE 2 SPRAY AY FEATURE WITH 0.6m TO 2.5m SPRAY COVERAGE 1 (5-10 gpm 1 SPRAY FEATURE LOCATION AND SUPPLY LINE DETAIL 25mm TEE AND 25mm 1/4 TURN DRAIN VALVE 25mm SERIES 160 PIPE SUPPLY TO BE DRAINED 1 TO SPLASH FEATURES ANNUALLY DURING WINTER SHUT DOWN. SEE DETAIL ABOVE FRAME AND GRATE AS PER O.P.S.D.-401.030 SALVAGE 25mm VALVE 1 1%MIN GRADE i 1 --*-1%MIN GRADE PROPOSED 25mm WATER SUPPLY 0 100mm DRAIN H C/W SCREEN n SOUTH INVERT 99.400 ' PROPOSED 900mm SUPPLY/DRAIN CHAMBER DETAIL h 1 ORONO PARK SPLASH PAD FEATURE LOCATION AND WATER SUPPLY LOCATION m N=dMYdlwl. � � o,,.,, MUNICIPALITY OF CLARINGTON KMIW CL2002-30 planners Fi roob.gllre A �, DAM my SEPT. 2002 Scale: N.T.S. 4 -- - - pay 1 1 1 ELECTRICAL CONDUIT C/W(3)14 GAUGE CONDUCTORS TO ACTIVATION BOLLARD EXISTING POWER SUPPLY PROVIDE 15A CIRCUIT BREAKER 1 SINGLE 25mm SOLENOID VALVE CONNECTED TO CONTROLLER AND DISTRIBUTION PIPE/MANIFOLD STRAINER CONTROLLER BLOW OFF VALVE RP BACK FLOW PREVENTER 25mm 1/4 TURN VALVE 25mm TYPE"K"COPPER PIPE(TYP.) EXISTING SUPPLY TO SOUTH WASHROOM EXISTING 38mm VALVE ' 25mm SERIES 160 WATER EXISTING CLEAR STONE FLOOR LINE TO SPLASH PAD (2)14 GAUGE CONDUCTORS AND 14 GAUGE NEUTRAL EXISTING SUPPLY TO NORTH WASHROOM EXISTING 38mm WATER SUPPLY MUNICIPAL WATER SUPPLY EXISTING 38mm X CUT IN 38mm X 38mm X 25mm TEE 38mm X 25mm TEE 1 0 a I r� 1 rn ' $ ORONO PARK SPLASH PAD Cq WATER SUPPLY/CONTROLLER DETAIL ReiemWATERlU►PIYCONFgV"A110N MUNICIPALITY OF CLARINGTON Z NM lOt . CL2002-30;f plmnners z� . 5 �An �, ISM„ SEPT. 2002 7 Scale: N.T.S. PROJECT: TENDER FOR CONTRACT NO. CL2002-30 ORONO PARK SPLASH PAD RENOVATIONS 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 I TENDERER: jeffra G Wallans Construction Limited Name Box 370 Brighton Ontario KOK 11-10 Address (include Postal Code) Tel: (613) 475-3682 Fax: (613)475-0278 Telephone and Fax Numbers ' Jeffrey Wallans Name of Person Signing 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 42-80179/SPECS/19267-si wpd gningdocs. Page 1 of 5 pages TENDER CONTRACT NO. CL2002-30 To: The Mayor and Members of Council Corporation of the Municipality of Clarington Re: Contract No. CL2002-30, Orono Park- Splash Pad Renovations 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. CL2002-30 In accordance with the first paragraph of this Tender, the Contractor hereby offers to complete the work specified for Contract No. CL2002-30 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 a 1 510, 570 Remove Existing Concrete Splash LS 7,800.00 7,800.00 SP Pad and Deck 2 603, SP Creek Crossing -by Subsurface m 18 200.00 3,600.00 ' Method 2 crossings, 1 locations 3 701 25 mm Series 160 Water Supply m 65 120.00 7,800.00 SP Pipe 4 310, 351 3.6 m Radius 150 mm Thick LS 4,000.00 4,000.00 407, 410, Concrete Splash Pad SP 5 SP 3 m +/-Vertical Spray Element ea 1 2,200.00 2,200.00 ' 6 SP Ground Spray Element ea 1 900.00 900.00 7 SP Activation Bollard ea 1 800.00 800.00 ' 8 SP Spray Pad Controller and ea 1 2,500.00 2,500.00 Distribution Manifold/Valve ' 9 407 Maintenance Hole Frame and Grate ea 2 1,300.00 2,600.00 (OPSD 401.030, Including Adjustment) 10 603 Activation Cable and Conduit m 61 50.00 3,050.00 SP 11 407 Supply/Drain Chamber ea 1 2,800.00 2,800.00 SP 12 701 Connect to Existing Water Supply LS 4,000.00 4,000.00 SP at Maintenance Room 13 SP Replacement of Plumbing at LS 2,000.00 2,000.00 Utility/Change Room Total (excluding GST) 44,050.00 GST (7% of Total) 3,083.50 Tenderer's GST Registration No. 138411343 ALT-4 310,314 Credit for 3.6 m Radius 60 mm LS 1,000.00 1,000.00 SP Thick HL-3 Hot Mix Asphalt Splash Pad in lieu of Concrete (Item No. 4) P:\42-80179\Specs\[Itembid-signingdocs.xls]Low Bid Page 3 of 5 pages ' AGREEMENT TO BOND (to be completed by Bonding Company) CONTRACT NO CL2002-30 #7550158-27 ' WE, the Undersigned, HEREBY AGREE to become bound as Surety for JEFFREY G WALLANS CONSTRUCTION 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. CL2002-30 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. Ontario this 3rd day of October 2002 AXA PACIFIC INSURANCE COMPANY Name of Bonding Company Karen Ramsey ' Signature of Authorized Person Signing for Bonding Company ' (BONDING COMPANY SEAL) Attorney-In-Fact Position ' (This Form shall be completed and attached to the Tender Submitted). Page 4 of 5 pages SCHEDULE OF TENDER DATA CONTRACT NO CL2002-30 ' 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 9 E. SPECIAL PROVISIONS -TENDER ITEMS Pages 1 to 7 F. STANDARDS AND DRAWINGS 1-5 G. STANDARD SPECIFICATIONS: It shall be the Contractor's responsibility to obtain the applicable edition of the following Ontario Provincial Standard Specifications. ' OPSS No. Date OPSS No. Date OPSS No. Date 127 Current 314 Dec. 1993 410 Apr. 1999 128 Current 351 Sept. 1996 510 Oct. 1993 ' 201 Feb. 1996 407 Nov. 2001 570 Aug. 1990 206 Nov. 2000 571 Aug. 1990 310 Mar. 1993 701 Apr. 1999 ' H. 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. CL2002-30, executed by me/us bearing date the 9th day of 0OctobvL— 2002 and we have fully read all related documents to tender data as listed above. SIGNATURE ' POSITION begident (COMPANY SEAL) NAME OF FIRM Jeffrw6a, Wallans Construction Limited This is Page 5 of 5 Pages to be submitted as the Tender Submission for Contract No. CL2002-30. CORPORATION OF THE MUNICIPALITY OF CLARINGTON CONTRACT NO. CL2002-30 STANDARD 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 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 $5,000.000,000.00 liability coverage. • Clause 26 of the "Standard Terms and Conditions" shall be superceded by Clause 13 - "Workplace Hazardous Materials Information System(WHMIS)", the Municipality of Clarington's "Contractor Safety" Documents (5 pages) and Clause 15 - "Governmental Requirements" all from the "Special Provisions -General" Section of the Contract. STANDARD TERMS AND CONDITIONS 1. DEFINITIONS Municipality-The Corporation of the Municipality of Clarington, its successors and assigns. Bidder-The person,firm or corporation submitting a bid to the Municipality. Company - The person, contractor, firm or corporation to whom the Municipality has awarded the contract, it successors and assigns. Contract - The purchase order authorizing the company to perform the work, purchase order alterations,the document and addenda,the bid, and surety. Subcontractor-A person, firm or corporation having a contract with the company for, or any part of, the work. Document - The document(s) issued by the Municipality in response to which bids are invited to perform the work in accordance with the specifications contained in the document. Bid-An offer by a Bidder in response to the document issued by the Municipality. Work -All labour, materials, products, articles, fixtures, services, supplies, and acts required to be done,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. 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 fabricate any part of the work outside of Canada, it shall arrange its shipping procedures so that its agent or representative in Canada is the importer of record for customs purposes. Should any additional tax, duty or any variation in any tax or duty be imposed by the Government of Canada or the Province of Ontario become directly applicable to work specified in this document subsequent to its submission by the Bidder and before the delivery of the work covered thereby pursuant to a purchase order issued by the Municipality appropriate increase or decrease in the price of work shall be made to compensate for such changes as of the effective date thereof. 8. TERMS OF PAYMENT Where required by the Construction Lien Act appropriate monies may be held back until 60 days after the completion of the work. Payments made hereunder, including final payment shall not relieve the company from its obligations or liabilities under the contract. Acceptance by the company of the final payment shall constitute a waiver of claims by the company against the Municipality,except those previously made in writing in accordance with the contract and still unsettled. The Municipality shall have the right to withhold from any sum otherwise payable to the company such amount as may be sufficient to remedy any defect or deficiency in the work, pending correction of it. Payment may be made 30 days after delivery pursuant to the Bidder submitting an invoice, contract requirements being completed and work being deemed satisfactory. 9. PATENTS AND COPYRIGHTS The company shall, at its expense, defend all claims, actions or proceedings against the Municipality based on any allegations that the work or any part of the work constitutes an infringement of any patent, copyright or other proprietary right, and shall pay to the Municipality all costs, damages, charges and expenses, including its lawyers' fees on a solicitor and his own client basis occasioned to the Municipality by reason thereof. The company shall pay all royalties and patent license fees required for the work. 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, 1 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 contract. Samples submitted must be accompanied by current Material Safety Data Sheets (MSDS) where applicable. 21. SURETY The successful tenderer shall, if the Municipality in its absolute discretion so desires, be required to satisfy surety requirements by providing a deposit in the form of a certified cheque, bank draft or money order or other form of surety, in an amount determined by the Municipality. This surety may be held by the Municipality until 60 days after the day on which all work covered by the contract has been completed and accepted. The surety may be returned before the 60 days have elapsed providing satisfactory evidence is provided that all liabilities incurred by the company in carrying out the work have expired or have been satisfied and that a Certificate of Clearance from the (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. S/AdmiWF«mssspwwclaringronITemi-mm r 1 i 1 CORPORATION OF THE MUNICIPALITY OF CLARINGTON CONTRACT NO. CL2002-30 INSTRUCTIONS TO TENDERERS r INDEX INSTRUCTIONS TO TENDERERS CONTRACT NO. CL2002-30 CLAUSE SUBJECT PAGE 1. GENERAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 2. BLANK FORM OF TENDER . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 3. TENDER DEPOSITS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 4. BONDS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 5. RIGHT TO ACCEPT OR REJECT TENDERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 6. UNACCEPTABLE TENDERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 7. ABILITY AND EXPERIENCE OF TENDERER . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 8. PROVINCIAL SALES TAX . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 9. GOODS AND SERVICES TAX (GST) 3 10. EXECUTE CONTRACT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 11. COMMENCEMENT OF WORK . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 12. LOCATION 3 13. TENDERERS TO INVESTIGATE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 14. INQUIRIES DURING TENDERING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 15. DEFINITION OF OWNER/AUTHORITY AND ENGINEER/CONTRACT ADMINISTRATOR . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 16. ADDENDA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 17. UTILITIES 4 i r r P/42-80179/SPECS/19268.wpd PAGE ONE INSTRUCTIONS TO TENDERERS CONTRACT NO. CL2002-30 1. GENERAL SEALED Tenders plainly marked"Contract No. CL2002-30" will be received until: 2:00:00 P.M., LOCAL TIME, WEDNESDAY, OCTOBER 9, 2002 and shall be addressed to: Ms. Patti Barrie, Clerk Corporation of the Municipality of Clarington Municipal Administration Centre 40 Temperance Street Bowmanville, Ontario. L1C 3A6 2. BLANK FORM OF TENDER One copy of the Tender, on the forms provided, shall be submitted. All information requested shall be shown in the tender, in the space provided. 3. TENDER DEPOSITS ' All tenders shall be accompanied by a certified cheque or a bid bond issued by a surety approved by and in a form containing terms satisfactory to the Municipality's Treasurer, in the minimum amount defined below, made payable to the Authority, as a guarantee for the execution of the Contract. Tali Tenderrit►upt Mlniur>x posit $ 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 1 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. CL2002-30 2. 4. BONDS ' The Contractor is required to provide a Performance Bond, and a Labour and Material Payment Bond, each in an amount equal to 100 percent of the Total Tender Amount, to guarantee his faithful performance of this Contract and his fulfilment of all obligations in respect of maintenance and payment for labour and materials used on this work. Each Bond shall be with a satisfactory Guarantee Surety Company, resident in Canada or authorized to carry on business in Canada. An agreement to bond must be submitted with the tender bid. Bonding company standard "Agreement to Bond" forms are acceptable. 5. RIGHT TO ACCEPT OR REJECT TENDERS The Authority reserves the right to reject any or all tenders or to accept any tender should it be deemed to be in its best interest to do so. Tenders which are incomplete, conditional or obscure, or which contain additions not called for, erasures, alterations, or irregularities of any kind, may be rejected as informal. Tenders will not be accepted unless submitted in the envelopes provided. 6. UNACCEPTABLE TENDERS ' Each item in the Tender Form shall include a reasonable price for such item. Under no circumstances will an unbalanced tender be considered. The Authority and the Contract Administrator will be the sole judge of such matters, and should any tender be considered to be unbalanced, then it will be rejected by the Authority. 7. ABILITY AND EXPERIENCE OF TENDERER The Authority reserves the right to reject any tender where satisfactory evidence of sufficient ' capital, plant and experience to successfully prosecute and complete the work in the specified time, is not furnished by the Tenderer. 8. PROVINCIAL SALES TAX Provincial Retail Sales Tax shall be included in tendered prices for material supplied under this Contract. INSTRUCTIONS TO TENDERERS ' CONTRACT NO. CL2002-30 3. ' 9. GOODS AND SERVICES TAX (GST) The Tenderer shall NOT include any amount in his tender unit prices for the Goods and Services Tax. The GST will be shown on each payment certificate and will be paid to the Contractor in addition to the amount certified for payment and will therefore not affect the Contract unit prices. 10. EXECUTE CONTRACT Tenders shall be open for acceptance for a period of 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 in Orono Park, Orono. 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. CL2002-30 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 OWNER/AUTHORITY AND ENGINEER/CONTRACT ADMINISTRATOR Wherever the word "Owner" or "Authority" or "Corporation" appears in this Contract, it shall be interpreted as meaning the "Corporation of the Municipality of Clarington". Wherever the word "Ministry", "M.T.C." or "M.T.O" appears it shall be deemed to mean the "Ministry of Transportation, Ontario" or the "Corporation of the Municipality of Clarington". Wherever the word "Contract Administrator" or "Engineer" appears in this Contract it shall be deemed to mean the Consultants, TSH, or such other officers, as may be authorized by the Authority to act in any particular capacity. 16. ADDENDA The Contractor shall ensure that all addenda issued during the tendering period are attached as part of the submitted bid. Failure to do so will result in disqualification of the bid. 17. UTILITIES For additional information regarding existing utilities the Contractor may contact the following personnel: Ontario Hydro: Mr. Scott Goodhand Enbridge Consumers Gas: Mr. Frank Cholewa Tel: 905-623-1071 Tel: 905-884-9105 Bell Canada: Mr. Mark Clarey Cable TV: Ms. Cindy Ward Tel: 905-433-3632 Tel: 905-579-1601 Veridian Hydro Mr. Peter Petriw, P. Eng. Tel: 888-420-0070 Ext. 3250 CORPORATION OF THE MUNICIPALITY OF CLARINGTON CONTRACT NO. CL2002-30 1 1 SPECIAL PROVISIONS - GENERAL INDEX ' SPECIAL PROVISIONS-GENERAL CONTRACT NO. CL2002-30 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. DUST CONTROL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 9. EMERGENCY AND MAINTENANCE MEASURES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 ' 10. ENGINEERING FIELD OFFICE . . . . . . . . . . . . . . . . . . . 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . 11. MANAGEMENT AND DISPOSAL OF EXCESS MATERIAL 5 12. OCCUPATIONAL HEALTH AND SAFETY ACT 1991 - DESIGNATED SUBSTANCES . . . . . . . . 6 13. WORKPLACE HAZARDOUS MATERIAL INFORMATION SYSTEM(WHMIS) . . . . . . . . . . . . . . 7 14. SPILLS REPORTING 7 15. GOVERNMENTAL REQUIREMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 16. ENTRY ONTO PRIVATE PROPERTY . . • . • • . . . • • . • . . • • . • . . . . . . . . • . • • . . . • • . • • . . . 8 17. CONSTRUCTION LIEN ACT 8 18. PROPERTY OWNER'S RELEASE OF PRIVATELY OWNED LAND ' USED BY THE CONTRACTOR . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 CONTRACTOR SAFETY DOCUMENTS (POLICY AND PROCEDURE), 5 PAGES ATTACHED. 1 i 1 P/42-80179/SPECS/19269.wpd i i i 1 f PAGE ONE ' SPECIAL PROVISIONS - GENERAL CONTRACT NO. CL2002-30 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 October 29, 2002 and the Contractor shall ' diligently prosecute the work on this contract to completion on or before the expiration of Fifteen (15) 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 1 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. SPECIAL PROVISIONS-GENERAL ' CONTRACT NO. CL2002-30 2• (3) Working Day ' Working Day as defined in GC 1.04 is modified by the addition of the following under Paragraph(a): ' Except any day from inclusive, even though the Contractor may elect to carry out any approved work as called for under this Contract during this period. The Contract Administrator will furnish to the Contractor for his signature a weekly "Statement of Record of Working Days". The Contractor will be allowed two weeks in which to file a written protest setting forth in what respects the said weekly statement is incorrect, otherwise, the statement shall be deemed to have been accepted by the Contractor as correct. (4) Liquidated Damages It is agreed by the parties to the contract that in case all the work called for under the contract ' is not completed within the number of working days as set forth in the special provisions or as extended in accordance with Section GC3.07 of the General Conditions, a loss or damage will be sustained by the Authority. Since it is and will be impracticable and extremely difficult to ascertain and determine the actual loss or damage which the Authority will suffer in the event of and by reason of such delay, the parties hereto agree that the Contractor will pay to the Authority the sum of FOUR HUNDRED DOLLARS ($400.00) as liquidated damages for each and every calendar day's delay in achieving completion of the work in excess of the number of working days prescribed. It is agreed that this amount is an estimate of the actual loss or damage to the Authority which will accrue during the period in excess of the prescribed number of working days. The Authority may deduct any amount under this paragraph from any moneys that may be due or payable to the Contractor on any account whatsoever. The liquidated damages payable under this paragraph are in addition to and without prejudice to any other remedy, action or other alternative that may be available to the Authority. AUTHORIZED REPRESENTATIVE 3. CONTRACTOR'S AUTH Authorized representative as referenced in GC7.01.07 is defined as an employee of the Contractor. ' 4. OPS GENERAL CONDITIONS ' Wherever in this Contract reference is made to the General Conditions, it shall be interpreted as meaning the OPS General Conditions of Contract, September 1999. 1 SPECIAL PROVISIONS-GENERAL ' CONTRACT NO. CL2002-30 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: 1 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. PAYMENTS Except as herein provided, payments under this Contract will be made in accordance with Section 1 GC8.02.03 of the General Conditions. Notwithstanding the provisions of the General Conditions respecting certification and payment, ' the Authority may withhold 21h percent of the total value of work performed beyond the expiration of 46 days from the date of publication of the Certificate of Substantial Performance, to enable the Contract Administrator to produce the final detailed statement of the value of all work done and material furnished under the Contract. As a condition of holdback reduction from 10% to 2-1/2%, the Contractor shall supply a Statutory Declaration as defined in GC8.02.03.07 03)(b) and advertise the Certificate of Substantial Performance per GC8.02.03.04(03). 1 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 1 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 1 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. i 1 SPECIAL PROVISIONS-GENERAL CONTRACT NO. CL2002-30 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. 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 t 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. ' 9. 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 SPECIAL PROVISIONS-GENERAL CONTRACT NO. CL2002-30 5. 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. ' 10. ENGINEERING FIELD OFFICE A separate field office for the Contract Administrator will not be required on this Contract. The Contractor shall, however, permit the Contract Administrator to make use of his office accommodation and other facilities as required, and at no extra cost to the Authority. 11. 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. r2 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. SPECIAL PROVISIONS-GENERAL CONTRACT NO. CL2002-30 6. 12. 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. Dell ed!Sabstarice Idenf�fiedn 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, M414 1A8, of the location(s) proposed for disposal of Designated Substances. A copy of the notification shall be provided to the Contract Administrator a minimum of two weeks in advance of work starting. In the event that the Ministry of the Environment has concerns with any proposed disposal location, further notification shall be provided until the Ministry of the Environment's concerns have been addressed. All costs associated with the removal and disposition of Designated Substances herein identified, ' shall be deemed to be included in the appropriate tender items. SPECIAL PROVISIONS-GENERAL CONTRACT NO. CL2002-30 7. Should a Designated Substance not herein identified be encountered in the work then management of such substance shall be treated as Extra Work. 13. WORKPLACE HAZARDOUS MATERIAL INFORMATION SYSTEM (WHMIS) ' Reporting Prior to the commencement of work the Contractor shall provide, to the Contract Administrator, a list of those products controlled under WHMIS which he expects to use on this Contract. Related Material Safety Data Sheets shall accompany the submission. All containers used in the application of products controlled under WHMIS shall be labelled. The Contractor shall notify the Contract Administrator of changes to the list in writing and provide the relevant Material Safety Data Sheets. 14. 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. 15. GOVERNMENTAL REQUIREMENTS The Contractor shall obey all Federal, Provincial and Municipal laws, Acts, Ordinances, Regulations, Orders-in-Council and By-laws, which could in any way pertain to the work outlined ' in the Contract or to the Employees of the Contractor. Without limiting the generality of the foregoing, the Contractor shall satisfy all statutory requirements imposed by the Occupational Health and Safety Act and regulations made thereunder on a contractor, a constructor and/or an employer with respect to or arising out of the performance of the Contractor's obligations under this Contract. SPECIAL PROVISIONS-GENERAL CONTRACT NO. CL2002-30 8. 16. 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. 17. 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. CL2002-30 9. 18. 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 Engineering Services Corporation of the Municipality of Clarington Municipal Administration Centre, 40 Temperance Street BOWMANVILLE, Ontario L1C 3A6 Re: Contract No. CL2002-30 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. rNTRACTOR EDULE (C) SAFETY LICY AND PROCEDURE Continued... HEALTH AND SAFETY PRACTICE FORM SCHEDULE "A" Contractor(s): I e Municipality of Clarington is committed to a healthy and safe working environment for all workers. To sure 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 It 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 iftr 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.) SEDULE(C) C TRACTOR SAFETY PJICY 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. Vwe 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 contrac tAender safely and in compliance with the Act. 2. In the performance of all matters required pursuant to this contractAender,the contractor/suc oessful 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 contractor/successful tenderer or any of its subcontractors under the Act. 61 The contractor/successful tenderer shall indemnify and save harmless the Municipality, a) from any loss, inconvenience, damage or cost to the Municipality which may result from the contractor/successful tenderer or any of its employees, its subcontractors or their employees failing to act safely or to comply in all respects with the Act in the performance of any matters required pursuant to this contract/tender, SW EDU LE (C) ANTRACTOR SAFETY IILICY 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. . ........... ... .�:,�^.�. .. S .............. ..................................... Contractor S c"►U^' 01, e of Person Signing for Contractor ............... ................. ........ ............................................/.�11.V......?.. .... nature of Contractor Date REDUCE (C) NTRACTOR SAFETY TE &TIME OF INFRACTION: DESCRIPTION OF INFRACTION INCLUDING LOCATION: ORDER GIVEN BY MUNICIPALITY: ID THE CONTRACTOR COMPLY WITH THIS ORDER? DATE&TIME OF COMPLIANCE: UED TO: CONTRACTOR'S EMPLOYEE TITLE SUED BY: MUNICIPAL EMPLOYEE, DEPARTMENT TITLE ART"C"-ADDITIONAL COMMENTS IS SECTION IS TO BE USED INTERNALLY TO RECORD ADDITIONAL COMMENTS UBSEQUENT TO ISSUING THE WARNING/STOP WORK ORDER, I.E. DATE AND TIME ORK RESUMED, FURTHER ACTION TAKEN, ETC. I W,HEDULE (C) NTRACTOR SAFETY UCY AND PROCEDURE Continued... Schedule "B" CONTRACTOR HEALTH AND SAFETY WARNING/STOP WORK ORDER e 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 L unsafe work practice described below. URE TO COMPLY WITH THIS WARNING/STOP WOR K ORDER SHALL CONSTITUTE A BREACH OF NTRACT. RT"A"- DETAILS OF CONTRACT NTRACT/P.O.# DESCRIPTION: itME OF FIRM: tRT"B"- DETAILS OF INFRACTION (TO BE COMPLETED BY ISSUER) i i i T CORPORATION OF THE MUNICIPALITY OF GLARING O N CONTRACT NO. CL2002-30 SPECIAL PROVISIONS - TENDER ITEMS P:42-80179/Specs/19270.doc PAGE ONE SPECIAL PROVISIONS - TENDER ITEMS CONTRACT NO. CL2002-30 REMOVE EXISTING CONCRETE WADING POOL AND DECK- ITEM NO. 1 The unit price bid under this Item shall include for the removal and disposal of the existing wading pool and surrounding deck off site by the Contractor. It should be noted that access to the wading pool is limited to an existing 3 in wide pedestrian bridge south of the site. Larger Tandem Trucks and heavy equipment will not be able to utilize this bridge. Alternative methods of accessing the site with larger equipment will be considered but will be subject to the approval of the Ganaraska Region Conservation Authority. The unit price bid for this Item shall also include for the restoration of all disturbed areas with 100 mm of imported topsoil and nursery grown sod. Care should also be taken to ensure that the existing drain pipe under the wading pool remains intact as it is to be reused for the splash pad drain. CREEK CROSSING- BY SUBSURFACE METHOD (2 LOCATIONS) -ITEM NO. 2 The unit price bid for this Item shall include for pit excavation, crossing of creek by means of subsurface installation, provision of silt fence as required to protect Orono Creek from sediment loading at pit locations and backfilling, compaction and restoration of pit locations. Disturbed areas to be restored with 100 mm imported topsoil and nursery sod. The unit price for the 25 mm waterline and for the electrical conduit shall be paid for under Item Nos. 3 and 10 respectively. 25 mm SERIES 160 WATER SUPPLY PIPE-ITEM NO. 3 The unit price bid for this Item shall include for locating and connecting to existing 25 mm PE waterline north of the washroom and change room building. Cap abandoned water supply. Installation of waterline from existing waterline to the utility room including all necessary work to install water supply line in the utility room which may require quarrying of the existing foundation wall at the change room building. Supply pipe from the supply/drain chamber north of the proposed splash pad to the spray features shall also be paid for under this Item. All required fittings, couplings and valving as specified in the contract drawings shall be included in the unit price bid for this Item. Costs of the application for a plumbing permit to complete the work shall be paid for under Item No. 12. All work will be subject to inspection by the Municipality of Clarington Building Department. The Contractor shall install all necessary piping in general accordance with the plan, however the Consultant reserves the right to change the routing, or depth of pipe. Special care should be taken to ensure that all backfill material be free of debris that could damage piping. All piping shall be surrounded by 6" envelope of sand, to ensure compaction and protection and sloped to drain. SPECIAL PROVISIONS - TENDER ITEMS CONTRACT NO. CL2002-30 2. PVC piping (polyvinylchloride) shall be schedule 40 with solvent weld bell ends and meet with all local codes. The pipe shall be laid to grades such that the system drains to the drain chamber. Sand: shall consist of clean builder's sand consisting of hard, durable uncoated grains, free from lumps of clay or other deleterious substances, of such size that when dry 100 percent shall pass a No.20 sieve and not more than five percent (5%)by weight shall pass a No.100 sieve. The sand may be rejected if it contains more than six percent(6%) by volume of loam and silt. Pipe and Fittings: Main line pipe to be series 160 polypipe. The distribution laterals and fittings are to be series 160 polypipe. Ensure that a 2% slope is consistently applied to all piping to ensure positive gravity assisted drainage of the entire system. Ensure all fittings are secured to close openings (off season) to protect from water entry back into the piping system. 3.6 m RADIUS, 150 m THICK CONCRETE SPLASH PAD -ITEM NO. 4 Work under this Item shall be governed by OPSS Form 904 and Form 905 and other specifications incorporated therein by reference. All concrete shall be cured by use of curing compound unless approved otherwise by the Contract Administrator. Payment for this Item shall include excavation and the supply and installation of Granular `A', compaction, all reinforcing,joints, fillers, drain, cover, 4.5 m +/- of 100 mm PVC drain pipe, connection to existing drain and similar items as shown on the Contract Drawings and as required to complete the structure. Concrete shall have a compressive strength of 25 MPa. Concrete surface shall have a brushed finish. A warranty against cracking or deterioration of the pad for a period of two years shall be supplied in writing by the Contractor upon completion of the concrete pouring process. 3 m +/-VERTICAL SPRAY ELEMENT, GROUND SPRAY UNIT AND ACTIVATION BOLLARD -ITEM NOS. 5, 6 AND 7 The unit price bid for Item No. 5 shall include for the supply and installation of a 114 mm dia. 3 m high vertical spray feature with a 10 to 20 gpm flow capacity and a 3 m to 4 m spray coverage area. The unit price bid for Item No. 6 shall include for the supply and installation of a flush mounted ground spray feature with a 5-10 gpm flow capacity and a 0.6 m to 2.5 m spray coverage area. The unit price bid for Item No. 7 shall include for the supply and placement of a 114 mm dia. post top SPECIAL PROVISIONS — TENDER ITEMS CONTRACT NO. CL2002-30 3. activation bollard 1.397 in in overall length installed to be 1.0922 in above finished ground. The activator shall operate on 24 Volts with no visible moving parts. Access to activation unit shall be ' provided by means of a temper resistant entry which can only be removed with a special tool. The Bollard shall be constructed to meet current Electrical Code and ESA Standards. The unit price bid under this Item shall include for all required inspection fees required by local ESA. Comply with requirements of the General Conditions. Supply shop drawings for approval. ' This section specifies the supply and installation of all water spray fixtures and activation bollard, including concrete footings, all excavation, backfill, hardware, fittings, nozzles, accessories and finishes required, in accordance with the plans, specifications and direction of the Consultant. Piping to be paid for under Item No. 3. Equipment to be installed is as per manufacturer's specifications. Silver solder for all spray fixture joints in copper under ground. Spray fixtures shall be constructed of stainless steel of type 304L schedule 40 pipe, with a wall thickness of .280" and stainless steel plate materials will be of a 2B finish stainless steel, or if Aluminum, shall be of 6063 alloy, schedule 40 with a wall thickness of.280" (diameter as specified). Spray fixtures to meet ADA compliance. Spray fixtures shall be supplied with all necessary anchoring hardware (see hardware) and installation templates, shipped in time to accommodate site work. Nozzles: Spray fixture nozzles shall be of brass construction, three-piece assembly, interchangeable with a standard receiving brass body. Nozzles will address water consumption, and variable water displays, through attachments in the interchangeable fittings. All nozzles shall be supplied with 'custom' securing tools for access to interchangeable parts. All ground level spray fixtures to have pressure test and winter close off fittings. All water lines to drain to low point. All spray fixtures are to carry a minimum Warranty in writing of three (3)years, on all workmanship ' and materials. Coating: Fixtures shall receive a coat of weather resistant polyester powder, baked application, similar to that manufactured by Tiger Drylac U.S.A. Inc. or approved equal. Coatings shall have a gloss finish, have ultraviolet inhibitors, withstand 1/10th no removal Q 160 in/lb., exceed all specifications of organic coatings, and a film thickness of between 1.5 to 3.0 mils (determined by colour and finish) Footing: Concrete for footings shall conform to manufacturer's specifications. Fittings: Shall be approved red brass class " A " threadless type, containing no less than 85% copper adaptable for copper tubing. SPECIAL PROVISIONS - TENDER ITEMS CONTRACT NO. CL2002-30 4. Joints: Shall be made by soldering, using silver solder. ' Point of connection hardware fittings as detailed by manufacturer. Double check valve to be Febco, or equal, Wye strainer to be Watts or equal. Master valve to be HBV Brass and component valves are to have pressure regulating, and flow control configuration, or PR V assembly at each valve point as approved by the Clarington Building Department. Hardware: All hardware, fittings and fastenings shall be as indicated on the shop drawings as may be ' required to complete the installation. Anchor fasteners to be stainless steel. Lag Bolts: Shall be of best quality stainless steel with flat type vandal proof head in size indicated on plans. Anchors shall be stainless steel in size required. Hardware to be tamper proof stainless steel. Contractor to supply security tools for access. Electrical: All electrical operating systems including activation fixtures (above grade or flush with grade models), and control panels, shall be CSA/UL approved specifically for waterpark operations. All mechanisms are to have no moving parts, and be made accessible only with use of manufacturers supplied, tamper proof, stainless steel security hardware. All wiring to be specified and approved by the manufacturer of spray fixtures. All fixtures to be bonded to Activation Bollard grounding with continuous#6 copper ground to meet electrical code requirements. The Contractor shall submit drawings of the spray fixtures including spray nozzles and colours for approval. Excavation for Foundation: All excavation shall be cut accurately to required lines and dimensions for work as indicated on the drawings and shall be large enough to provide adequate clearance for the proper execution of the work within them. iCast in Place Footings: Inspection: When the excavation has been carried out to the required depth as shown on the drawings, the Contractor shall do no more work until after the inspection by the Consultant, who shall order the foundation work to proceed, or further excavation as the conditions ' indicate. No other work shall be done until the excavation has been approved by the Consultant. Forms: Forms for footings shall be lined with exterior grade plywood. The form work shall be coated with an approved oil or lacquer. Curing: All finished concrete shall be protected and kept moist continuously for three days, as directed. Installation: The Spray Fixtures and ground sprays shall be installed in accordance with the manufacturer's specification, and approved by the Consultant. The Contractor shall use extreme care when installing spray fixtures, and it is advisable to leave intact all wrapping through installation, to be removed upon completion. Entire assemblies shall be installed in accurate location, square and plumb, and in required location to surrounding finished grade, on footings, as shown on the plans. SPECIAL PROVISIONS - TENDER ITEMS CONTRACT NO. CL2002-30 5. Testing: All Spray Fixture components shall be water pressure tested before backfilling and paving, and/or pouring of concrete slabs and/or asphalt work. The Contractor is to ensure all water supply lines are free of debris, and flushed of any foreign material, prior to the hook-up of any spray fixtures, and, the Contractor shall have inspected the entire system(including all electronic systems) in the presence of the Consultant. Prior to the backfilling of any supply lines,joints or connections, the entire system shall be maintained under full pressure, for no less than one (1) hour. The Contractor is to ensure all nozzles are adjusted and secured to the Owners satisfaction. The Contractor is to test all drainage systems of the spray fixtures. The unit prices bid for each spray fixture shall include the cost of all labor, materials, tools, plant equipment and incidental expenses necessary to furnish, construct and install each of the various fixtures complete including excavation, concrete footing, hardware and fittings, sand and stone and all other work necessary to complete the work in accordance with the plans and specifications to the satisfaction of the Consultant. SPRAY PAD CONTROLLER AND DISTRIBUTION MANIFOLDNALVE-ITEM NO. 8 Provide shop drawings of control system. iPower Supply: 120 Vac 2A full load, maximum. Contractor to provide name of certified electrician in his tender. Supplier to pre-train electrician on electrical installation for trouble free installation. Solenoid Valves: Must be of type having 24 Vac, 250 ma maximum holding coil rating. Valve Wire: #14 AWG type R90, plus one common per valve back to the controller location. Electrical Control Valves: Shall be brass (HBV)P ressure regulating and flow control configuration, c/w pressure gauge, or add brass PR V downstream of the standard brass valve. 24 V ac solenoid, (.2 AMP) c/w manual operating features. With spring loaded diaphragm for positive closing. The body shall be a waterproof encapsulated coil and corrosion roof solenoid. All wiring shall meet local codes and all splices shall be waterproof and insulated. Layout: A single wire connecting the solenoid to the controller and a common neutral wire to the solenoids to the controller shall serve as the power supply ground controller. Quick coupling valve (QC) shall be installed in each supply system such that the entire system may be blown out by use of air pressure. Operating valves should be positioned at the lowest point and allow ' for "Gravity" drain features. All items shall be carefully installed and supported in their positions free from all distortions and strain. All materials shall be inspected for defects in workmanship or materials. All supply lines are to be free of any debris and foreign material. Test all items. TENDER SPECIAL PROVISIONS E - ND ER ITEMS CONTRACT NO. CL2002-30 6. A sufficient number of unions shall be installed to allow the dismantling of any and all valves and equipment. The controller shall be UL listed to Canadian Safety Standards enclosed in a corrosion resistant, water tight electrical enclosure with NEMA 4X rating complete with stainless steel lockable latches. The controller shall be factory programmed to have a 3 minute cycle length. The controller shall be equipped such that the cycle length can be changed by the owner or by the manufacturer with the replacement of a programmable chip or memory cartridge. The controller shall also be equipped with a 24 hr. digital time switch to set operational hours of the spray pad, (same hours 7 days a week). The time switch shall have a minimum 48 hour battery backup system. A 120 V primary/24 V secondary transformer must be provided with the controller complete with electrostatic shield protection. A selector switch shall also be provided with the controller in order that the spray pad be operated by: 1) hand, 2) automatic, or 3) turned off. The controller shall be equipped to receive the signal from the single activation bollard and to relay activation signal to single solenoid valve. ACTIVATION CAB LE AND CONDUIT-ITEM NO. 10 Wire Type: SJO or SJOW having diameter of 0-31", 3 conductor. The activator requires one full, uninterrupted run through conduit to the controller location and additional ground wire#14. All wire connections shall be water tight. The unit price bid shall include for the restoration of all disturbed areas with 100 mm imported topsoil and nursery grown sod and all work required to run the conduit and cable to inside the utility room. Installation method shall be approved by the Contract Administrator. Cost associated with the subsurface installation under the creek shall be paid for under Item No. 2. SUPPLY/DRAIN CHAMBER- ITEM NO. 11 The unit price bid under this Item shall include excavation, backfill, compaction, supply and installation of 900 mm Diameter drain/supply chamber, 25 mm and '/a turn drain valve, salvage and installation as shown on the contract drawings, restoration of disturbed areas with a minimum of 100 mm imported ' topsoil and nursery grown sod. Costs associated with the installation of the existing water supply, spray feature and 100 mm drain pipe complete with grate shall also be included in the unit price bid for this Item. ' SPECIAL PROVISIONS -TENDER ITEMS CONTRACT NO. CL2002-30 7. CONNECT TO EXISTING WATER SUPPLY AT MAINTENANCE ROOM-ITEM NO. 12 The lump sum price bid for this Item shall include for all necessary work required to "cut in" to the existing 50 mm copper water supply in the utility room of the change room building including the routing of the 50 mm copper supply pipe to the controller/manifold unit. The unit price bid shall also include all plumbing permit costs required by the Municipality of Clarington Building Department. Flexible Copper Tubing: Pipe: The water service pipe shall be hard temper type "K" copper tubing. Copper tubing and fittings are to be supplied from valves on the water supply line to the water chamber, with the connection to the fixture to be made with a dielectric coupling. Backflow Preventer: Backflow preventer to be RP type approved by C.S.A. Standards and the Municipality of Clarington local plumbing codes, and meet Consultant's approval. Backflow preventers to be complete with gate valve and test codes. aA sufficient number of unions shall be installed to allow the dismantling of any and all valves and equipment. 3.6 m RADIUS 60 mm ASPHALT SPRAY PAD -ITEM NO. ALT. 4 iThe lump sum credit amount bid for this Item shall represent the total savings that would be realized if the splash pad was constructed with HL-3 Hot Mix asphalt at a 60 mm compacted depth instead of the concrete as specified in Item No. 4. The lump sum credit amount shall not be included in the Total ' Tender Amount but on the Itemized Bid. The Municipality will take into account the credit amount bid for this Item when assessing bid ' submissions. i i 1 1 CORPORATION OF THE MUNICIPALITY OF C LARINGTON iCONTRACT NO. CL2002-30 i i STANDARD DRAWINGS r PAGE ONE STANDARD DRAWINGS CONTRACT NO. CL2002-30 1 DRAWING NO. DESCRIPTION MAP 1 SITE LOCATION PLAN 1 EXISTING DETAIL AND PROPOSED CONSTRUCTION 2 EXISTING WADING POOL 3 PROPOSED DETAILS 4 FEATURE LOCATION AND WATER SUPPLY LOCATION 5 WATER SUPPLY/CONTROLLER DETAIL OPSD 219.110 LIGHT DUTY SILT FENCE BARRIER OPSD 401.030 CAST IRON, SQUARE FRAME WITH CIRCULAR WATERTIGHT COVER FOR MAINTENANCE HOLES i r r i r r r r r .. r 0 Z CEWRE STREET LIMB OF PARK LANDS STAN SPLASH PAD SITE iPRlICESS'STREET it 513 Division Street, ®16®�® Ir•faWQ `I COBSIED-.-E- Cobourg,Ontario K9A 5G6 engineers TEL:905-372-2121 architects FAX:905-372-3621 planners E-mail cobourg @tsh.ca I ROAD SOMMER LLE ODNftSS10N � U CREEK Ciffi 019 0 Leading the Way z 0 , 0 CONTRACT CL2002-30 a. z ORONO PARK SPLASH a PAD 0 Z ° SITE LOCATION PLAN 0 DRAWN BY SCALE MAP D. CAMPBELL 1:15,000 DATE PROJECT No. 1 SEPT, 2002 42-80179 ar rr rr rr rr r� r� r� rr rr ar rr r rr rr rr rr rr r� r O � � NOR I ABANDONED TER SUPPLY SR = r We cF ' ��0/Wm COPPER WATER SUPPLY I OR"CI h N < UNDER NO CIRCUMSTANCE SHALL WORK BE CARRIED OUT WITHIN THE CREEK K SEE DWD 5 FOR WATER SUPPLY/OOHTROLLER DETAILS i E r' TO _'PROPOSED SPLASH FAD ♦ //++ -- `` _ _ \ J� MANIFOLD/SOLENOID VALVE 2Qmm WATER SUPPLY LINE / �I LOCATE AND CONNECT TO ' OWING;2knm WATER SUPPLY /O LLJ�f W'L / , W DMebn s-1 V a = c000�2.om.m 2I s PIT LOCATION(TYP.) I ! rein eosBT2.z1x1 �I SLT FENCE =119110 CREEK CROSSING BY SUBSURFACE INSTALLATION ` enaln"re FAk 80,3723621 ' ' �7d�1�LMC1 EwmNl weovB®1en.n �. r� , � •u ore+evle,wo nRmwnoe ewul.e cwe�eo AroveArxeoAeo ox�� i PROPOSED ELECTRICAL CONDUIT .PJa n WATER LINE FROM CONTROLLER TO ACTIVATION — i DACE NST BOLLARD—3 CONDUCTORS. /4 AW& a o « 0 1 New ISOM 1.5m BELOW BED 1 LIGHT VEHICLE ACCESS I � asro eR ere�uec�AeeocA eAm�u�Keee Ar CLIENT'CONNECTIONS ABANDONED EXISTING WADING POOL TO BE ACTIVATION BOLLARD 1 REMOVED AND REPLACED TATH ATION) +u+ t1l r� SPLASH PAD (AT SAME ELENATKN) �p°E a I. SEE DWG 2 FOR EJOSTING CONDITIONS AND REMOVALS (jl T FENCE AS PAR OsRSrQ�-21A110 SEE DWG. 3 FOR CONSTRUCTION DETAIL OF SPLASH PAD l ` Leading tf2e TYay SEE DWG. 4 FOR SPRAY FEATURETi AND SUPPLY/bRAIN CHAMBER DETAIL DRAIN EX 1OOmm DRAIN (TO BE MAINTAINED) --------------- .._..___.___....___ ` PROJECT' Dam 100mm DRAIN VALVE \ OUTING 2Qmm SW OFF VALVE \ ORONO PARK SPLASH PAD RENOVATIONS 0 UJI CL2002-30 DRAWING: a EXISTING DETAIL AND Z PROPOSED CONSTRUCTION 6 i DRAWN BY: CHECKED BY: PROJECT No. W Z L.MAY R.ALBRIGHT 42-60179 — DESIGNED BY: APPROVED BY: DRAWING NO. a R.ALBRIGHT R.ALBRIGHT Q SCMf: DATE: 1:500 AUGUST2002 J REMOVE POOL DRAIN REMOVE POURED CONCRETE DECK (100mm-150mm THICKNESS) REMOVE 600 X 600 CONCRETE VALVE CHAMBER WITH WOOD CAP TYP. 100.0 1� REMOVE POURED WADING POOL 00 (100mm-150mm THICKNESS) PLAN EXISTING CONCRETE WADING POOL DRAIN 1 DECK I DECK 0 1 i EXISTING POOL DRAIN r_ SECTION ' r ORONO PARK SPLASH PAD EXISTING WADING POOL m MUNICIPALITY OF CLARINGTON 617 n � Cab—q.y,OnOW.rb TEL: ?"121 CL2002-30 .r.ti,wr. rte:io.o�aw, .�....�. � .d SEPT. 2002 Scale: N.T.S. �Q TOP SOIL AND SOD REPLACE EXISTING WOOD COVERI DISTURBED AREAS PROPOSED 200mm ROUND ' WITH CAST IRON FRAME AND RUST PROOF FRAME AND LOCKING COVER.O.P.S.D.-401.030 GRATE.MAXIMUM 6mm GRATE OPENINGS.MOUNTED ON DRAIN CHAMBER.CHAMBER ' TO BE 900mm IN DEPTH.EXISTING PIPE INVERTS TO BE MATCHED. CHAMBER TO BE BENCHED. TOP OF GRATE 99.900 EXISTING 100 m NORTH AND SOUTH INVERT 99.30 SHUT OFF V VE 25mm SERIES 160 WATER LINE TO SPRAY FEATURE(SEE DWG.4) "Oo PROPOSED 900mm SUPPLY/DRAIN 'b- CHAMBER C1W FRAME AND LOCKABLE COVER O.P.S.D.-401.030 TOP OF GRATE 100.000 SOUTH INVERT 99.40± (SEE DWG.4 FOR VALVE DETAIL) 100. 0 _ 01 -00 EXISTING 25mm WATER SUPPLY LINE 4.Om 100mm PVC DRAIN PIPE ' @ 1.0%MIN. BM ELEV.100.000 ' TOP OF S.E.CORNER 25MPa CONCRETE OF DRAIN CHAMBER EXISTING 100mm DRAIN SAW CUT @ 2400mm O/C ' PLAN ' PROPOSED CONCRETE 150mm X 150mm WELDED SPLASH PAD DRAIN WIRE MESH(10 GAUGE) PLACE 50mm FROM BOTTOM OF CONCRETE EX.DRAIN CHAMBER 200mm� 100mm TOPSOIL AND SOD 3.0% 3.0% 0 N I Y N F��7� n EXISTING 100mm DRAINPJ ' PROP.200mm DRAINI PROPOSED 900mm SUPPLY/DRAIN CHAMBER PROP. 100mm PVC DRAIN PIPE PROPOSED 200mm MIN.GRANULAR'A'BASE VOIDS LEFT BY THE REMOVAL OF THE WADING SECTION POOL TO BE FILLED WITH GRANULAR'A' ORONO PARK SPLASH PAD N PROPOSED DETAILS MUNICIPALITY OF CLARINGTON m 677 DNNIm lMt Z �arb CL2002-30 w+lwa FAX:90"73-3M 'Ia""o`m SEPT. 2002 Scale: N.T.S. 3 200mm DRAIN , SPRAY FEATURE 1 3mt VERTICAL SPRAY WITH 3m TO 4m SPRAY COVERAGE (10-20 GPM) SPRAY COVERAGE , 25mm SERIES 160 WATER LINE PROPOSED 900mm SUPPLY/DRAIN CHAMBER -Z/ %��//_/ % SEE DETAIL BELOW // EXISTING 25mm WATER SUPPLY LINE r ACTIVATION BOLLARD SPRAY FEATURE 2 GROUND SPRAY FEATURE WITH 0.6m TO 2.5m SPRAY COVERAGE (5-10 gpm) , SPRAY FEATURE LOCATION AND SUPPLY LINE DETAIL r 25mm SERIES 160 PIPE 25mm TEE AND 25mm 1/4 TURN DRAIN VALVE TO SPLASH FEATURES SUPPLY TO BE DRAINED ANNUALLY DURING WINTER SHUT DOWN. , SEE DETAIL ABOVE FRAME AND GRATE AS PER O.P.S.D.-401.030 EXISTING 25mm VALVE TO REMAIN 1%MIN GRADE i a*-1%MIN GRADE , � EXISTING 25mm WATER SUPPLY 0 100mm DRAIN i Y N C/W SCREEN n_ SOUTH INVERT 99.400 i� PROPOSED 900mm SUPPLY/DRAIN CHAMBER DETAIL ' ORONO PARK SPLASH PAD FEATURE LOCATION AND g WATER SUPPLY LOCATION " MUNICIPALITY OF CLARINGTON CL2002-30 '16""OrO `""oobw m SEPT. 2002 Scale: N.T.S. L� . i ELECTRICAL CONDUIT C/W(3)14 GAUGE CONDUCTORS TO ACTIVATION BOLLARD 0 EXISTING POWER SUPPLY PROVIDE 15A CIRCUIT BREAKER ' SINGLE 25mm SOLENOID VALVE CONNECTED TO CONTROLLER AND DISTRIBUTION PIPE/MANIFOLD STRAINER CONTROLLER BLOW OFF VALVE RP BACK FLOW PREVENTER 50mm TYPE"K"COPPER PIPE(TYP.) EXISTING SUPPLY TO SOUTH WASHROOM ' EXISTING 50mm VALVE 25mm SERIES 160 WATER EXISTING CLEAR STONE FLOOR LINE TO SPLASH PAD (2)14 GAUGE CONDUCTORS AND _ 14 GAUGE NEUTRAL EXISTING SUPPLY TO ' NORTH WASHROOM EXISTING 50mm WATER SUPPLY MUNICIPAL WATER SUPPLY EXISTING 50mm X CUT IN 50mm X 50mm X 50mm TEE 50mm X 25mm TEE 3 0 a i Y fn O) n $ ORONO PARK SPLASH PAD N WATER SUPPLY/CONTROLLER DETAIL MUNICIPALITY OF CLARINGTON �oftft Tug vo 72-rr CL2002-30 FAX:10"?14W '''""'" `""'°°"'°O"'° SEPT. 2002 1 Scale: N.T.S. 5 Area under f ^� construction e r 31 1 X, ��` ') End ��i c� run vrw Barrier v main run t End run = vw ' aaG Area under protection qj w •v l iw vur�t� u Z Ww S PERSPECTIVE VIEW Area under Direction of flow construction Area under protection - SECTION VIEW Silt fence barrier h Direction of flow ell) A 17-11. 2.3m max, Typ ' ' Main run A LO, PLAN OF SILT FENCE BARRIER Stake c_ Geotextile ' E E E 0 Direction L� c°D Trench to be of flow backfilled and compacted Earth surface O O N 300mm min I of geotextile 200 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 - - - - - - - - - - SILT FENCE BARRIER Date _ _ _ _ _ _ rO-PSD - 219. 110 800 I , G Ty.0 2 Keyways 13 �9� T �,\'ytc� 1313 1313 2 Lugs 29x25mm e T 'b 13 13 ® ® 13 0 Typ yA [I ® 13 13 1313 ® DT's 45* 13 11 11 13 At- TV 0 13 0 0 A G E a5 �T I 0 0013 000 0 sq °o 1313 ® ® ® ® ® ® ® Co N ■ N o 13 ® ® 13 13 130° D ' N 22 13 13 1113 N 28 I 28 R Typ mm FRAME PLAN COVER PLAN See bar handle detail 0676 0624 0632 87 0624 24 114 14 64 0578 25 _T � 0613 6 See !ug and bar 13mm h dil hole detail SECTION C—C bar handle NT 0575 38mm dia x 64 N 0667 9 lam- 14mm deep 1 SECTION A—A m ' � —+1-018 R=19mm ?s x 57mm oingcap screws LUG AND HOLE BAR HANDLE Rubber washer DETAIL DETAIL 2mm rubber gasket SECTION B—B ' NOTE: SECTION D—D A Lugs and keyways are optional. B All dimensions are in millimetres unless otherwise shown. ONTARIO PROVINCIAL STANDARD DRAWING Nov 2001 1 Rev Ito CAST IRON, SQUARE FRAME WITH CIRCULAR WATERTIGHT COVER - - - - - - - - - FOR MAINTENANCE HOLES rOPSD - 401 .030 1 1 1 1 1 r r 1 CORPORATION OF THE MUNICIPALITY OF CLARINGTON ' CONTRACT NO. CL2002-30 1 1 1 r r r OPS GENERA L CONDITIONS OF CONTRACT (September 1999) r r ONTARIO PROVINCIAL STANDARDS FOR ROADS AND PUBLIC WORKS M ��0 STgH49 9 0 P N G S L-PRA 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...........................................................................................................1 GC 1.03 Gender and Singular References............................................................................1 GC1.04 Definitions................................................................................................................ 1 GC1.05 Substantial Performance.........................................................................................5 GC1.06 Completion...............................................................................................................6 GC 1.07 Final Acceptance...................... . .......................................... ... .........6 GC 1.08 Interpretation of Certain Words... .. .. ....................... .. .......6 SECTION GC 2.0-CONTRACT DOCUMENTS GC 2.01 Reliance on Contract Documents............................................................................7 GC 2.02 Order of Precedence...............................................................................................7 SECTION GC 3.0-ADMINISTRATION OF THE CONTRACT GC 3.01 Contract Administrator's Authority........................... ................ ......... .8 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 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 GC3.11 Changes................................................................................................................12 GC3.11.01 Changes in the Work.................................... .....................................................12 GC3.11.02 Extra Work............................................................................................................. 12 oPS Genw.i s.oaff6.r 19W T010 Of QW4Wft 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 GC.3.14.05 Mediation...............................................................................................................14 GG 3.14.06 Payment..................... ............................................................................................14 GC 3.14.07 Rights of Both Parties.............................................................................................15 GC 3.15 Engineering Arbitration................... ...................................................................... GC 3.15.01 Conditions for Engineering Arbitration..:.::. ........ ........ .. ........ ................15 GC 3.15.02 Arbitration Procedure...............................:.............................................................15 GC 3.16.03 Appointment of Arbitrator......................................................................................Is 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 GC 4.01 Working Area.... .....................................................................................................17 GC 4.02 Approvals and Pennft.......................................................................................... 17 GC 4.03 Management and Disposition of Materials............................................................ 17 17 GC 4.04 Construction Affecting Railway Property...............................................................18 GC 4.05 Default by the Contractor......................................................................................18 GC 4.06 Notification of Default............................................................................................. Is GC 4.07 Contractor's Right to Correct a DefauIL.................................................................is GC 4.08.. Owner's Right to Correct Default.........:................................................................. 18 GC 4.09 Termination Of Contractor's Right to Continue the Work.......................................18 TAW of Cor*wft-I 0P8Qw*n1C&Wft=o1 C&*W-sepWnb*r1M GC 4.10 Final Payment to Contractor..................................................................................19 GC 4.11 Termination of the Contract...................................................................................19 GC 4.12 Continuation of Contractor's 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 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 GC 6.03.01 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 Insurarwe...............................................................................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 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 GerwW Conditloru of Contact-sepWrbw 1M Taw of conboft-vi GC7.02 Layout....................................................................................................................29 GC 7.03 Damage by Vehicles or Other Equipment.............................................................30 GC 7.04 Excess Loading of Motor Vehicles........................................................................30 GC 7.05 Condition of the Working Area...............................................................................30 GC 7.06 Maintaining Roadways and Detours......................................................................30 GC 7.07 Access to Properties Adjoining the Work and Interruption of Utility Services.......31 GC 7.08 Approvals and Permits..........................................................................................31 GC 7.09 Suspension of Work..............................................................................................32 G67.10 Contractor's Right to Stop the Work or Terminate the Contract....................... 32 G&7.11 Notices by the Contractor............. .............................................. .. .............32 GC7.12 Obstructions........................................................................................... ....•...•....33 GC 7.13 Limitations of Operations ..... ... .....33 GC 7.14 Cleaning Up Before Acceptance............. ......... .................... ......... .............33 GC7.15 Warranty................................................................................................................33 r. SECTION GC 8.0-MEASUREMENT AND PAYMENT GC8.01 Measurement.........................................................................................................35 GC8.01.01 Quantities....................................... ..... ...........................................................35 GC8.01.02 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 e....... ...................................... ..............................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 Perf ormance...............................................................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-Otf.....................................................................................................40 T"of Contnb-N ope Geftra con w"a of Contract-Sq*w bw Ing GC 8.02.03.12 Delay in Payment..................................................................................................40 GC 8.02.04 Payment on a Time and Material Basis.................................................................40 GC 8.02.04.01 Definitions..............................................................................................................40 GC 8.02.04.02 Daily Work Records...............................................................................................41 GC 8.02.04.03 Payment 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 GC8.02.04.06.02 Standby Time...................................................................................................... .42 GC8.02.04.07 Payment for Hand Tools........................................................................................43 GC 8.02.04.08 Payment for Work by Subcontractors....................................................................43 GC 8.02.04.09 Submission of Invoices..........................................................................................43 GC-8.02.05 Final Acceptance Certificate...................................................................................43 GC 8.02.06 Payment of Workers...............................................................................................44 GC8.02.07 Records.................................................................................................................44 GC8.02.08 Taxes and Duties...................................................................................................44 GC<&02.09- . ;Liquidated Damages..................... ......................... ..,................. .,,.., OPS General CwWRIom of Conhad-September 1999 TORN of Coftifts-v STA 9 Ontario Provincial Standards o p p for s, s � Roads and Public Works September 1999 c�pgt-Pa°� 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 "CESK _ 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) "WO" _ Ministry of Transportation(Ontario) "MUTCD" Manual of Uniform Traffic Control Devices, published by MTO _"OPS" - Ontario Provincial Standard "OPSD" - Ontario Provincial Standard Drawing "OPSS" - Ontario Provincial Standard Specification "PEO" - Professional Engineers Ontario "SAE" - Society of Automotive Engineers "SSPC" - Structural Steel Painting Council "UL" - Underwriters Laboratories "ULC" - Underwriters Laboratories Canada GC 1.03 Gender and Singular References :01 References to the masculine or singular throughout the Contract Documents shall be considered to include the feminine and the plural and vice versa as the context requires: GC 1.04 Definitions .01 For the purposes of this Contract the following definitions apply: Actual Measurement: means the field measurement of that quantity within the approved limits of the Work. OPS GerwW Conditions of Contract-SePfamber 1999 Page 1 Additional Work: means work not provided for in the Contract and not considered by the Contract Administrator to be essential to the satisfactory completion of the Contract within its intended scope. 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, 5 dimensions, quantities, methods, drawings, substantial changes in geotechnicai, subsurface, surface or other conditions, changes in the character of the Work to be done or materials of the Work or part thereof, .within!the intended scope of the Contrail Change Order means a written amendment to the Contract signed by the Contractor and the Owner, or the Contract Administrator where so authorized, covering 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 the n y 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 Owners 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 iistW 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, N delayed,will the Work. delay the completion of Pop 2 OPS Gera!Condkkm of Contract-Sepbmidw 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. "e'Estimate:'means'a calculation of the'quantity,oncost-of-the,Work orlmrt 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`Acceptance4'•Certificate:' `means,-the certificate=issued-�by,the,'Contract Administrator"at°final . Acceptance of the Work. ' Fina[Detaiied'Statement: means a complete''evaluation prepared by the Contrail 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..,,,. condfions,in°the area of'any proposed excavatieon"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 powertools. Highway: means a common and public highway any part of which•is intended for-or used by Ihe-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 tingle tendefed price.'`Payment is not based on a measured quantity,alttwughea 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 Conned Sepwnbw 1999 Paps 3 Owner. means the to the Contract for whom the Work is being g performed, as identified in the -. Agreement, and includes,with the same meaning and import,"Authority". Pavement: means a wearing course or courses placed on the Roadway and consisting of asphaltic concrete, hydraulic cement concrete-Portland cement concrete,or plant or road mixed mulch. Performance Bond: means the type of security 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. ten:- Rate4of Interest: means the rate determined by the Minister of Finance of Ontario-•and issued by,;end ,.. available from,the Owner. ;.Records: mean any books, payrolls, accounts or other information which relate to the Work or.any Change in the Work or claims arising therefrom. +; Roadway: means that part of the Highway designed or intended for use by vehicular traffic and includes the Shoulders. Shoulder: means that portion of the Roadway between the edge of the wearing surface and the top inside edge of the ditch or fill slope. Special Provisions: mean special directions containing requirements peculiar to the Work. Standard Specification: means a standard practice required and stipulated by the Owner; for � performance of the Work. Subbase: means a layer of material of specified type and thickness between the Subgrade and the Base. Subcontractor. means a person, partnership or corporation undertaking the execution of a part of the Work by virtue of an agreement with the Contractor. Subgrade: means the earth or rock surface, whether in cut or fill, as prepared to support the Base, Subbase and Pavement. Subsurface Report: means a report or other information identifying the location of utilities,concealed and adjacent.structures and physical obstructions which fall within the influence of the Work. Superintendent: means the Contractor's authorized representative in responsible charge of the Work. Surety: means the person, partnership or corporation, other than the Contractor, licensed in Ontario to transact business under the Insurance Act, R.S.O. 1990,c.1.8, as amended, executing a bond provided by the Contractor. Tender:'"means an offer in writing from the Contractor, submitted in the format prescribed by the Owner, to complete the Work Time and Material: means costs calculated according to clause GC 8.02.04, Payment on a Time and Material Basis. Where"Cost Plus"and"Force Account"are used they shall have the same meaning. Ppe 4 OP8 General Candkkum of Contract-8eptanbw 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) .r`Idxcept a"Day as determined'by the'Cont*dt'Administrator;vn"which4the-Contractor ts°prevented by Y. • inclerYientv�eather�orcondibons"resulting immediately-therefrom mfr!om-pcoc:eedin9-with-'8-Controtling `Operation: For the'purposes'of this definition, this will-be a°Day tdunng-whichr the Contractor=cannot proceed with at least 60% of the normal labour and equipment forceeeffectivety 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 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. -WorkingZmwings:,or Working Plans:,means any Drawings or Plans prepared by,the Contractorfor_the 'execution of the Work and may,*ithout limiting,the generardy-thereof,-include fatsework plans; Roadway protection plans,shop drawings,shop plans or erection diagrams. GC 1.05 Substantial Perfonnance .01 The Work is substantially performed, a) wheri`the'Work to be'performed under the Contractor'arsubstantal�art!thereof.-is-xeady for use or is being used for the purpose intended; and .b) when'the Work to be performed under the:,,Contract`is capable•of.c ompletion-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. 1%of the balance of the Contract price. .02* For the purposes of this Contract,where the Work or a substantial part thereof is ready for use or is being, used�for,the purposes intended and the remainder of-the Work cannot be,completed expeditiously for reasons beyond the control of the Contractor or, where the Owner and the Contractor agree not to complete the Work expeditiously, the price of the services or materials remaining to be supplied and required to compiete.the Work shall be deducted from the,Contract price in determining Substantial Performance. OPS GWWW Conditns of Cordr A-SOPWnbK 1!199 Pme 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 Administrator's knowledge at that time, the Contractor has rectified all imperfect work and has discharged all of the Contractors obligations under the Contract GC 1.08 Interpretation of Certain Words ,The words "acceptable", "approval", "authorized", "considered necessary", "directed", "required", µ-"satisfactory", or words of,like import, shall mean approval of, directed, required, considered pnecessary or authorized by and acceptable or-satisfactory to the Contract Administrator unless the context dearly indicates otherwise. pap 6 on am"C"INWO of oWO"-8oPftmbK 1 sac 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. .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 General CandWom of Cv**d-eepwnbw 1999 P"e 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, l 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 ;,i lump sum price contract .04 The Contract Administrator will determine the amounts owing to the Contractor under the Contract and will issue certificates for payment in such amounts as provided for in Section GC 8.0, Measurement and Payment .05 The Contract Administrator will with reasonable promptness review and take appropriate action upon the Contractors submissions such as shop drawings, product data, and samples in accordance with .. ._ the Contract Documents. f .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 fast 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 auth ority to reject part of the Work or Material which does not conform to the Contract Documents. .11 Defective work, whether the result of poor workmanship, use of defective material, or damage through carelessness or other act or omission of the Contractor and whether incorporated in the Work or not which has been rejected by the Contract Administrator as failing to conform to the Contract Documents shall be removed promptly from the Work by the Contractor and replaced or re-executed promptly in accordance with the Contract Documents at no additional cost to the Owner. .12 Any part of the Work destroyed or damaged by such removals, replacements or re-executions shall be'made good, promptly,at no additional cost to the Owner. .13 If, in the opinion of the Contract Administrator, it is not expedient to correct defective work or work not performed in accordance with the Contract Documents, the Owner may deduct from monies otherwise due to the Contractor the difference in value between the work as performed and that called for by the Contract Administrator. Paps a OP8 00naral C=NNOM Of Con tract-8apaerbw 199 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 Contractors 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 td'not-'cause delay irr,thet Work°ff,either the'Contractor or the Contract Administrator so requests`I they'shall jointly prepare a .schedule facing the.dates for submission and return of Working Drawings:--Working,Drawings shall:be.submitted in printed form. At the time of submission the Contractor shalt 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'retum Working Drawings in accordance-with an agreed upon schedule, or otherwise,with reasonable promptness so as not to cause delay. .04 'The`Contract Administrators'review'will tie 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. 4.05 '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."�Wheri resubmitting,'the`Contractor shall-notify the Contract Administrator in. . . writing of-any revisions other than'those'mquested-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:Draiwingsi 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 Contractors' 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 Conditlm of Contract•Septt ntw 1999 pap 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 avail able,the Contract Administrator may direct others to remedy the situation. .02 If the emergency situation was the fault of the Contractor, the remedial work shall be done at the Contractors expense. if the emergency situation was not the fault of the Contractor, the Owner will pay for the remedial work. GC 3.05 Layout .01 The Contract Administrator will provide baseline and benchmark`information for the general location, a ..alignment and elevation of the Work. The Owner will be responsible only for the Correctness of the information provided by the Contract Administrator. GC 36 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 —atall times. .02, The Contractor shall confine his construction operations to the Working Area. Should the Contractor require more space than that.shown on the Contract Drawings, the Contractor shall obtain such space at no additional cost to the Owner. .03 :.The Contractor shall not enter upon.or`occupy any private property for any purpose, unless the Contractor has received prior written permission from the property owner. GC 3.07 Extension of Contract Time .01 An application for an extension of Contract Time shall be made in writing b 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. .4 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 wContract 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. Pop 10 OPS General Co WMM of CorK"-septemw 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'Administratorgiving notice under subsection GC7.09;Suspension of Work; d) abnormal inclement weather,or e)'archaeological finds in accordance with subsection GC 3.16,Archaeological Finds, then the Contractor,shall be'reimbursed by the Owner for-reasonable-costs incurred by<the Contractor. as the result of such delay, provided that in the case of an application for an extension of-Contract Time-due to abnormal'inclement'weather,'.'the':Contractor•shall; with-the-Contractor's•application, submit evidence from Environment Canada im.support-of such-application.-�--E tension•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 Iockrouts .-including lock-outs decreed'.or recommended tolts:members by a recognized contractor's association , which'the Contractor.is a Jmember onto which the Coribactor-is"otherwise bound Vhich-are beyond the,Contractoes.control, then the-'Contract Time shall''be`extended'in as ordance:with°subsections GC4`3.07 f-Mension.of Contract Time. In no case shall the extension'of Contract-Time be'less,than the-time-lost as-the = , g y, li ys: result of the•event causing the Beta unless a shorter extension rs agreed Ito by the,1:ontractor:-The ��Contractorshall�not`be`ent�led�to payment<for �incumed as the,result of-such dela unless such �-;;;,�,•,��.>, delays are the result of actions by Owner. GC 3.09 Assignment of Contract .01 The Contractor shall not assign the Contract, either in whole or in part mithout the written consent,of _. the Owner. GC 3.10 Subcontracting by Contractor .01 :'Th6 Contractor°may;subcontract any-part of the•Work; subject to-these General Conditions.and,any limitations specified in the Contract Documents. 02 The Contractor shall notify the Contract Administrator,-,inwrii ing jof;the°intentiomto subcontract Such notification shall identify the part of the Work;-and the Subcontractor with whom it-is intended. .03 'The Contract Administrator will,'within 10=Days,,of'receipt'of•such-,-notification;accept,or,-reject,the intended Subcontractor.,The rejectiorrwili be in writing-and will include the reasons for the-rejection.: .: '.04 The Contractor shall'not;�without the written'consent of the Owner, change a Subcontractor•who has been engaged in accordance with subsection GC 3.10 Subcontracting by the Contractor. `"`,05' Tile-Contraction shall-pr+eserve.and'protect-the`rights Hof 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 Owwal eondWo of Contact-Sspanmsr 1999 Paps 11 .06 The Owners consent to subcontracting o 1 g b y 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 307, Extension of Contract Time. 03 Itthe 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 A2 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 34,1.03 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 Geneml CondN m of conasd-sepwnber 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 noticer,permitted or-required to be given to the Owner or the Contractor shall be given in accordance with the notice provision of the Contract. GC 3.13 Use and Occupancy of the Work Prior to Substantial Performance '".01 Where�it is'not-contemplated,elsewhere in'the Contract Documents,the Owner may--use or occupy the Work or any part thereof prior to Substantial,-Performance;provided—that—at—least 30 Days!written notice has been given to the Contractor. 02 The use or occupancy of the Work or any part"thereof by the°Owner pnorto Sustantial Performance shall not°constitute`an,acceptance of the`,Work for parts so'-occupied. ..1n addition, -the use or -occupancy'of the Work*shall not teliever the'Contractor or-the Contracctoes'Surety from any liability that has arisen, or may adw,from 1W perfomrance,of the•Work'lin-accordance�with,the4Contract Documents. The Owner'wiil 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 snot waive the .r, :Owner's.right too chgrge the'Contractor'liquidated damages,in=�cordance•twith-the-terns of. the tt r 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 rnotification•of a"claim or-,dispute--verbal°or written, continue 1JO'proceed with the-parties thauchtn will not the'Work wdiligence and expedfion Iteis understood,by cio jeopardize any claim it mayhave. GC 3.14.02 Record Keeping 01 Immediately upon commencing work which,may result'in'a claim;-the'Contrailor shall keep Daily -Work Records during the course of-the•Work sufficient,to substantiate the Contractors claim,and the Contract Administrator wilFkeep Daily WWR— eoords to-be used in assessing.the ContraeWs claim, 'all-in accordance with clause GC 8.02.07,Records. .02 The Contractor and-the Contrail Administrator shall reconcile their respective Daily Work Records on a dailybasis,to simplify review-of the,claim,;whensubmitted. ,.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 vernal 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 Gw ww cawitima of convect•seplwnbw 1999 Page 13 .03 The Contractor shall submit detailed claims as soon as reasonably possible and in any event no later than 30 Days after completion of the work affected by the situation. The detailed claim shall: a) identify the item or items in respect of which the claim arises; b) state the grounds, contractual or otherwise, upon which the claim is made;and c) include the Records maintained by the Contractor supporting such claim. In exceptional cases the 30 Days may be increased to a maximum of 90 Days with approval in writing from the Contract Administrator. .04 Within 30 Days of the receipt of the Contractor's detailed claim, the Contract Administrator may request the Contractor to submit any further and other particulars as the Contract Administrator considers necessary to assess the claim. The Contractor shall submit the requested information within 30 Days of receipt of such request. .05 Within 90 Days of receipt of the detailed claim,the Contract Administrator shall advise the Contractor, in writing, of the Contract Administrator's opinion with regard to the validity of the claim. GC 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 daim,ahe Contn�ct 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 r 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 shalt meet.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. . Pale 14 OPS G*fM*Cadkbm of conbad-Sepwntw IM 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`Dayslibilowing-lhe-opinion-•given in paragraph GC 3.14.03:05: Where the use of a third parVmediator 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 Arbltratidn Act,1991, &O. 1991;.,a17-as'amended shall apply to i-any°,arbitration-conducted.hereunder-except to the.extent.that they,-are modified:by: 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'varbitrator has exceeded'his or,her jurisdiction or have otherwise disqualified him or herself a) All existing-actions inrespect bf 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 schedule will be.arbitiated;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 uporrbythe:Ownet.and Contracwctaadjudicate 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 pennons to assist him or her. OPS General Conditions of contract-Sq)Wrbw 190 Pps 16 .06 The arbitrator is not bound b the rules of evidence which govern the trial of cases i Y 9 n 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: 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 vernal provided that such notice is confirmed in writing TM_ within 2 Da ys. 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 P"°1s oPS o.nM CWMIOM of contra-sepw6w 1M 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:certficatesLsolelyi.equired--_for Project , approval. GC 4.03 Management'and Disposition of Materials :01"The'Owner will identify,in the Contract Documents the:materials to be moved within orremoved>from .: the Working:Area,and any characteristics`of those materials which will necessitate special-materials management and disposition. " = c0ndSafety4c�# S:O. �99b;' 1,�rr acbordahce'ih#eulations,Underthe Odcupadoria[Heafh� .".. _: 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; `'= dYthe j folldMng'Hazardous%materialsFare ordinarily present in,construction�activities° �Aimestone,: gypsum,marble, mica and Portland cement;and d)'exposure,to these`,substances,,may occ Urr,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.,fiazardous materials other than those identified above and their location in the Working Area. .04. If the Owner or-Contractor discovers or is-advised-of they presence Vf-:designated,substances or %"hazardous•materials,which,-are-in addition to those listed in-.paragraph GC 4.03.02, or,not dearly. . ; e al;notice will be identfied in the.-Contact-Documentsraccording�oiparagraph.W:4�a3:03;.;t . 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"Ifor any "reasonable•additional,c of removing,°managing.•and disposing'of any material'not�identified in the°Contract'DoW ents. or where conditions~exist that could not have been reasonably'foreseen,at'the:time of tendering.—°AJl work under,this paragraph shall be deemed to be Extra Work. Owner will pro to the Contractor a list of-those products 06 'Prior to commencement of the Work,the p 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. AJI 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 Oanvoi Co oftions of Contract-8"WOW 1999 Paps 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 r 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 Contractors Right to Correct a Default .01 The Contractor shall have the right within the 5 full Working Days following the receipt of a notice of default to correct the default and provide the Owner with satisfactory proof that appropriate.corrective measures have been taken. .02 If the correction of the default cannot be completed within the 5 full Working Days following receipt of the notice,the Contractor shall not be in default if the Contractor, a) commences the correction of the default within the 5 full Wonting 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, 6Jontractoes 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 cast 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, Contractors Right to Correct a Default,or subsequently agreed upon,the Owner,without prejudice to any other right or remedy the Owner may have, may terminate the Contractors right to continue the Work in whole or in part by giving written notice to the Contractor. .02 If the Owner terminates the 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; Paps 1s OPS Genwal Condklons of Contract-sepmn*er inn d) charge the Contractor the additional cost over the Contract price of completing the Work or portion thereof withdrawn from the Contractor, as certified by the Contract Administrator and any additional compensation paid to the Contract Administrator for such additional service arising from the correction of the default; e) charge the Contractor a reasonable allowance, as determined by the Contract Administrator, to cover correction to the Work performed by the Contractor that may be required under subsection GC 7.15,Warranty; f) charge the Contractor for any damages the Owner may have sustained as a result of the default and g) charge the Contractor the amount by which the cost of corrections to the Work under,subsection GC 7.15,Warranty,exceeds the allowance provided for such corrections. GC 4.10 Final Payment to Contractor .01 If the Owner's cost to correct and complete the Work in whole,orin part-.is.less than the amount withheld from the Contracthr ,under°subsection'�C X4:09, Termination.°of contractor' ; Right to Continue the Work;`the Owner will pay thetalance.to' theContractor 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 ior'remedy the.Owner-mayfiave,'terminate�the'Contract-by'giving`Nritten'notice`of termination to the �';:Contractor,"the'Surety'-and zany trustee,,or•receiver acting ion:behalf'of,-the'Contractors'.'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 Contractoes Obligations .01 The`Contractors"obligation under-the Contract as to-quality; .correction`and warranty-of. the Work performed prior to'the time of termination of the Contract or termination`of'the Contractor's right.to continue with the Work in whole or in part shall continue to be in force after such termination. GC 4.13 Use of Performance Bond 01 If the Contractor is in default of the Contract'and:the,Contractdrihas;provided-a Performance Bond, the provisions of this Section shall be exercised,in accordance with the-conditions,of the Performance Bond. ops Gwwmi co xwo u of ewbad-sepambW 19M PWO 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. .02 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 t' inspection or testing a sample of any Material to be supplied by the Contractor. .04 y?he Contractor shall obtain for the Contract Administrator the right to enter upon the premises of the Material manufacturer or supplier to carry out such inspection,sampling and testing as specified or a requested by the Contract Administrator. .05 The Contractor shall.notify the Contract Administrator of the sources of supply sufficiently in advance of,the Material shipping dates to enable the Contract Administrator to perform the required,inspection, sampling and testing. - .06 'The Owner will not be responsible for any delays to the Contractor's operations where the Contractor fails to give sufficient advance notice to the Contract Administrator to enable the Contract Administrator to carry out the required inspection, sampling and testing before the scheduled shipping date. .07 The Contractor shall not change the source of supply pply of any Material without the written authorization .. of the Contract Administrator. .08 Material which is not specified shall be of a quality best suited to the purpose required and the use of such Material shall be subject to the approval of the Contract Administrator. GC 5.0 Rejected Material Y :01 F1fifected Material shall be removed from the Working Area expeditious) 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 b the s the Contractor m a y specification. After the acceptance of the Tender, >:. 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 prig for the proposed substitute Material designated as aforesaid, and such other information as the Contract Administrator may require. Paps 20 oPS Gann)caw"*of co*w-saal wdw log .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 mason 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 Ownevand where Ahis�Material:-is-ordered by the Contractor in excess of the.amount specified to.complete the Work--Such_`excess.Mathnal 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 aThetContractor,shall in,advance=of°receiptof-shipments-of Material,supplied.bythe Owner,:provide .> .: adequate'and proper stbrage facilities acceptable to the>ContractLAdminisbator,��and,on,the,receiptbf �.;- 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. F underthe:controi of.the-Contractor it=shall be repiace&or repaired by:the Conbactor,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 notthe fault of the•Contrador,itshall remain in:the care and at the risk 'of'the Contractor until its disposition has, been-"determined by the Contract. Administrator. A3 'Where,Material-supplied by the Owner arrives at the delivery.point::in.a damaged condition-or where there are discrepancies between the quantities received•,and*the-,;quantities:shown on the bills of lading, the Contractor'.shall immediately-report such damage:.or discrepancies.to ,the.Contract Administrator who-.shall arrange'.for,an:immediate:-:inspection,-of the.;shipnit nt,and.provide the M Contractor with a written release from responsibility for such%damage.orideficiancies 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 accounte Material the ',Contractor and such'Material shall beat the risk of the Contractor after taking delivery.-Such Mats shall not,except with the written permission of the Contract Administrator, be used by the Contractor for purposes other than the performance of the Work under the Contract .05 Empty reels, crates, containers and other type of packaging from Material supplied by the Owner shall become the property of the Contractor when they are no longer required for their original purpose and shall be disposed of by the Contractor unless otherwise specified in the Contract Documents. OPS General Conditions of Contrad-Sephm*er 1999 Ppe 21 .06 The Contractor shall provide the Contract Administrator, immediately upon receipt of each shipment, copies of bills of lading, or such other documentation the Contract Administrator may require to tl 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. r:. Paps 22 OPS Oenerd Condk ma of CordnCt'Septoftr 1M SECTION GC 6.0-INSURANCE, PROTECTION AND DAMAGE GC 6.01 Protection of Work,Persons and Property .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 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 lhe°Contract'Admin'istrator'of-a11.-damage and injuries which occur during the term of the Contract .04 The Contractor shall not be responsible for'loss°and damage`that occurs,as-a result of, a) war, b) blockades.and civil commotion; c)=errors in the Contract Documents;or ' "" d);acts or omissions•of thenwner,the Contract Administratof;their agents and em I or.others, _P oya 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�indemn'ify and hold harmless the Owner and he-Contrad Administrator, their .. agents, ,officers•and •employees from and against all claims,;,demands,,kisses, expenses,,:costs, damages;';actions,.'suiits,or,proeeedings.'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 om Of tissions he=Contractor or_anyone.-forvhose ads the Contractor may be liable; and c) made in writing within a period of 6years from the date,of;Substantiat,Performanoe:of the Work,as, getout in"the Certificate of Substantial Performance of the Work or, where so specified-in the Contract from the date of certification of Final Acceptance. 02 The Contractor shall indemnify and hold harmless the Owner from'all;and every claim for.damages, royalties or fees for the infringement of any patented invention or copyright occasioned by the Contractor in connection with the Work,performed,or Material furnished by the Contractor under the Contract. .03 The Owner expressly waives the, right to indemnity,for claims other than those ;stated_above in paragraphs GC 6.02.01 and GC 6.02.02. .04 The Owner shall Indemnify and hold harmless the Contractor, his agents; officers and employees from and against all claims, demands, losses, expenses, costs, damages, actions, suits, or proceedings arising out of the 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 o.nsni wwkiom of Cw*m-September 19 Pop 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 #1�d,ministrator named as additional insureds, with limits of not less than 5 million dollars inclusive per gpwrrence 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 Y .##surance 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 Insurers certificate of equivalency to.the required insurance.` .03 The insurance shall be maintained continuously from the commencement of the Work until 12 months following the date of Substantial Performance of the Work, as set out in the Certificate of Substantial Performance of the Work, or until the Final Acceptance Certificate Is issued, whichever is later, and with respect to completed operations coverage for a period of not less than 24 months from the date of Final Acceptance of the Work as set out in the Final Acceptance Certificate, and thereafter to be maintained for a further period of 4 years. .04 The Contractor shall submit annually to the Owner, proof of continuation of the completed operations ' ° coverage and N 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 Subcontractor; for operations requiring the use of w explosives for blasting,or pile driving or caisson work, or removal or weakening of support of property uildrng 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 r occurrence for bodily Injury,death and dam Pe IY j ry, age to property, in the following forms 'e o `reed``loo provide the Owner with not less`than 30 Days' written notice'in advance of any cancellation,change or amendment restricting coverage: a) standard non-owned automobile policy including standard contractual liability endorsement,and b) standard owner's form automobile policy providing third party liability and accident benefits Insurance and covering licensed vehicles owned or operated by the Contractor. Page 24 OPS General COndi M Of Contract-sepwrd r 1 ng 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 GC4.03.05.01 Property Insurance 01: All risks property insurance shall be in the name of the.Contractor,�.with theater---and,.the Contract Administrator.named.as:additional insureds;-insuring of the._.. , Contract price.and the full value, as may.be.stated.E.in the;-SupplementaL.GeneraLConditons, of_ Material Ghat is,specified to be provided by.the..OwderA&jncorooration,Into, he°.;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:l0.Days.after.the date,of.: _.. . Final Acceptance of the Work,as set out in the Final Acceptance Certificate.. •'GC1.03.05.02 '�'`Boiler Insurance &:a..01 wBdilerinsuranaetinsurirl '.the interests of the'Contractor,the Ownerand the Contract-Administratorfor not less than the replacement value of boilers and-pressure vessels forming part of the Work,shall be in a form acceptable to the Owner. This insurance shall be maintained .continuously from commencement of use or operation of the property insured until 10 Days after the date of Final Acceptance of the Work,as set out in the Final Acceptance Certificate. GC 6.03.05:03° -,Use and-Occupancy`of the'Work Prior to.Completion :01 °Should the>Ownerwish to use or occupy Part or all of the'Work priorto:Substantial:Performance,the 'Om erVAII•give•30'WW"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 inmriting 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- written notice from„the Contractorrandr:prior.Ao•suc�b;:use:Ar,occupancy _ <.shall provide;,maintain and.pay;for property`.and.:boiler:insurance:insuring;the Mvalue of the Work including coverage for such use or occupancy,°and-shall;provide:-the�Contractor-.wittt-proof of such insurance. -The-Contractor.shall refund to the-Owner the tnheamed�-spremiums.applicable AD 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 ad.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 Gwwai Cwwftiom of C Amd-Sepamber 19W Pape 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. GCS 03.06 Contractors Equipment insurance .01 Ail risks Contractor's equipment insurance.covering construction machinery and equipment used by "the Contractor for the performance of the Work, Including boiler insurance on:temporary boilers and pressure vessels, shall be in a fort 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 forthe Contractor to grant prior releases with respect to damage to the Contractor's Equipment. i GC 6.03.07 Insurance,Requirements and Duration .01 Unless specified otherwise the duration of each insurance policy shall be from the date of commencement of the Work until 10 Days after the date of Final Acceptance of the Work,as set out in the Final Acceptance Certificate. .02 The Contractor shall provide the Owner, on a form acceptable to the Owner, proof of Insurance prior to commencement of the Work, and signed by an officer of the Contractor and either the underwriter or the broker. .03 The Contractor shall, on request, promptly provide the Owner with a certified true copy of each insurance policy exclusive of information pertaining to premium or premium bases used by the insurer to determine the cost of the insurance. The certified true copy shall include a signature by an officer of the Contractor and in addition, a signature by an officer of the insurer or the underwriter or the broker. .04 Where a policy is renewed the Contractor shall provide the Owner, on a form acceptable to the Owner, renewed proof of insurance Immediately following completion of renewal. .05 Unless specified otherwise the Contractor shall be responsible for the payment of deductible amounts `under the policies. .06 If the Contractor fails to provide or maintain insurance as required in subsection GC 6.03, Contractor's Insurance, or elsewhere in the Contract Documents,then the Owner will have the right to provide and maintain such insurance and give evidence thereof to the Contractor. The Owner's cost thereof shall be payable by the Contractor to the Owner on demand. Pape 26 OPS General Conti tt m of contract.September Igo .07 If the Contractor fails to pay the cost of the insurance placed by the Owner within 30 Days of the date on which the Owner made a formal demand for reimbursement of such costs the Owner may deduct the costs thereof from monies which are due or may become due to the Contractor. GC 6.04 Bonding .01 The Contractor shall provide the Owner with the surety bonds in the amount required by the tender documents. :02 Such-bonds shall be issued by-a'duly licensed surety company authorized to-transact a business of suretyship in the Province of Ontario and shall be maintained in good standing until the fulfilment of the Contract. OPS General Conditbra of Conbi d-SepWnbw 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 e g 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 fps for.construction means, methods, techniques, sequences and procedures and for coordinating he. various parts of the Work. g .04`The Contractor shall have the sole responsibility for the design, enaction, operation, maintenance and removal of temporary structures and other temporary facilities and the design and execution of iconstruction 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 1 the Occupational Health and Safety,Act, R.S.O. 1990, c.O.1 (the "Act") and Ontario Regulation 213191 (which regulates Construction Projects) and any other regulations under the Act (the "Regulations")which may affect the performance of the Work, as the "constructor'or"employer", as defined by the Act,as the case may be. The Contractor shall ensure that a) worker safety is given first priority in planning, pricing and performing the Work; b) its officers and supervisory,employees have a working knowledge of the duties of a "constructor" and"employer'as defined by the Act and the provisions of the Regulations applicable to the Work, and a personal commitment to comply with them; c)'-a copy of the most current version of the Act and the Regulations are available at the Contractors 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; dworkers 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 enfbroe 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. Paps 28 OPS Gen"Conditlons of Contract-Saplanbsr 1 M 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 oron 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, famish 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 ct,on.sc eduleandicati the timing of .11 The Contractor shall prepare;and update as,nrquired,-a:,constnu n9 ,. . the major and critical activities of`the Wok-1-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! `inconsistency-or`?omiission',relating`to'�the Contract, the n. `°A`Corrtrac torshall promptlyjreportl to the Contract Administrator and shall not proceed with 111102cbAV-.. "'sffected'until'receivingdirection 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 I1he,stake`out`ocations are`within-,the- tolerances-,given, in-paragraph GC 2.01.01a). GC 7.02 Layout ' .01'1x-Priot.to commencement'of construction;the Contract-Administrator and,the-Contractor will.iocate on site those property-bars,•baselines and benchmarks which are necessary to delineate,he Working Area and to layout-the Work,all as shown on the Contract.Drawings. .02 The Contractor shall be-responsible .for-theypreservation.of all•property-~bsarst'while the.Work is.in progress, except.those:property bars,-which�jmust•.be.-removed Jo.facilitate;;�the Work.. Any other property,bars disturbed,damag+ed'orremoved,by 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 maybe necessary to layout the baseline and°benchmarks, and as may,be necessary for the inspection of the Work. 04 The Contractor shall provide qualified personnel to 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 thatthe same may be checked by the-Contract Administrator. r, .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 Genwal condor of C msd•SePwrA sr ION Pale 29 .06 The Contractor shall assume full respons bili i '' ty 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. ` V 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 .^ `,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 Ac4 R.S.O. 1990, y, 4c.H.8, as amended,'4whether such-vehicle is registered in the name;of the Contractor_or otherwise, r_F7 except where there are designated areas within the Working Area where,:overloading Is:permided. 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 f .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 'f '"Contractor shall not be required to maintain a road through the Working Area until such time as the Contractor has commenced operations or.during seasonal shut down;or on any part of the Contract that has been accepted in accordance with these General Conditions. The Contractor shall not be required to apply deicing chemicals or abrasives or carry out snowplowing. .03 Where localized and separated sections of the Highway only are affected by the Contractor's operations, the Contractor will not be required to maintain intervening sections of the Highway until such times as these sections are located within the limits of the Highway affected by the Contractor's general operations under the Contract .04 Where the Contract Documents provide for or the Contract Administrator requires detours at specific locations, payment for the construction of the detours, and If required, for the subsequent removal of the detours,will be made at the Contract prices appropriate to such work. Pfte 30 OPS Oeneal CondkWa of conbad-Sspwnlw 1 N9 .05 The Contractor shall maintain, in a satisfactory condition for traffic, a road through the Working Area, at the Owner's expense. The road through the Working Area will include any detour constructed in accordance with the Contract Documents or required by the Contract Administrator. Compensation for all labour, equipment and materials to do this work shall be at the Contract prices appropriate to the work and where there are no'such prices, at negotiated prices. Notwithstanding the foregoing, the cost of blading required to maintain the surface of such roads and detours shall be deemed to be included in the prices bid for the various tender items and no additional payment will be made. 06- °'Where-work under the'Contractis discontinued forany 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 .fore in the Contract Documents;or required by the- the construction of the detour and, if required, the subsequent,removal,-shall be performed'at•then Contractor's.expegsef,.,:;The detour shall be constructed.'and maintained to structural'`and `geometric" standards-ppprgired. 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 Highwayto any`otherHighway the-Contractor shall,at-no extra cost,to the Owner;lsupply,`erectand'maintain"traffic control devices in,acoonlancevith the MUTCD., `-09 'Coinpiianoe-withrthe'foregoing provisions shall in noway relieve'thw ontrac tor;of obligations ruder '-' aubset�on°'GC 6'o1 ,'Protection,'bf"Work.-..Persons''and'"Property, .:.dealing°.with the;rContracters 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 P rovide at all times,and at no extra cost to the,Owner, a)"adequate'pedesbian and vehicular access;and b) continu'rty-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;andore authorized by.the Contract Administrator,-the,Contractor`shall give the`affected-properfy`owherwhotice 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 shail 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 Gsnaral Cw4klora of Cw"d-Sep*nbsr 1999 Paps 31 GC 7.09 Suspension of Work pe o .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 r '`of insolvency or if a receiver is appointed because of insolvency, the Contractor may, without �. prejudice to any other right or remedy the Contractor may have, by giving the Owner or receiver or trustee in bankruptcy written notice,terminate the Contract f r. .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:Contracbor, 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 ff 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 x, Contractor shall be entitled to be paid for all work performed according to the Contract Documents . aannd� any losses or damage as the Contractor-may sustain as a result of the termination of the GC 7A- 1 Notices by the Contractor .01. Before work is carried out which may affect the property or operations of any Ministry or agency of .g emment 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 Oft Gen"Condiftw d Conn -&*Wnbw 199 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, 7 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=responsibiWi toxonsut-.with Utility companies orotherappropriate=authoribesforfurtherkinformadoninlregard.tothe.exectiocation.of.these Utilities,. to'exercise the necessary-care in construcfon'operations,-and rtor take sdctt er.precautions as are necessary to safeguard the Utility from damage. GC 7.13 Limitations of Operations 01 Except for such work`as may be:required by the Contract Administratorto-maintain"the Work.in.a,safe: and satisfactory:condition,,,the f.Contractor shall not carry on•.operations under.the-.Contract_on Sundays,without permission in-writing from the Contract Administrator. .02 The Contractor shall cooperate with other Contractors, Utility companies and the Owner and they shall be allowed access to their work or plant at all reasonable times. GC 7.14 Cleaning Up Before Acceptance ' -..01' 7 Upon attaining Substantial:Performance of the Work-, the Contractor shall remove surptusm%aterials, >tools;construction.machinery cind equipment notrequired for the performance-of-there me ,g Work.,.;. -The-Contractor-shall<�alsojemove all temporary works and debris other.than that.caused•by,-,the,, Owner, -ou others and•leave,,the Work and Working Area clean_and suitable for-occupancy,by the Owner unless otherwise specified. 02 The Work shall not be deemed to have-reached Completion-until-theContractor•has removed surplus materials, toots, construction machinery:and-,"equipmeri The°Contractor shall also.have removed debris, other than that caused by the Owner,or:others. GC 7.15 Warranty .01 - The Contractor shall be responsible for the proper performance of the Work only to the extent that the. design and specifications permit such performance. °.02 >Subject to th6previous:'paiagraph 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 OP8 Gomm owwworo of Contra-Sepwn*w 1 X99 Pop 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. z'.r a- Pope 34 Oft Oemal Cormiora of C4numd-Sepbmber ION SECTION GC 8.0-MEASUREMENT AND PAYMENT GC 8.01 Measurement GC 8.01.01 Quantities .01 The Contract Administrator will make an estimate once a month, in writing, of the quantity of Work performed. The first estimate will be the quantity of Work performed since the Contractor commenced the-Contract,'and every,subsequent estimate; except the final one,will be of the..quantity of Work performed since the preceding estimate was.made. The Contract.Administrator will provide. the copy of each estimate to the Contractor within 10 Days of the Cut-Off Date. :02 "Such 'quantities for progress=payments-shall be construed and held to approximate.--The final i quantities for'the issuance ofthe'Completion°Certificate shall be based on the measurement of Work completed. 03 t'Measurement of the quantities of the-Woric.performed>will be,°either byActua1;Measurement or by Plan'Quantity principles as-indicated ln1W.Contract Adustments 101"P1arn:Quantity:measurements will normally-be'made'using' Plan`Quantity-'prindples•but may l:where,appropriate ,be made;using 'Actual Measurements. Those'itemvidentfied'on`the Tenderby�the,notation�(P),in`the,unit column shal[be�polq-according',W the'-'Plan,Quantity.-Items where the`notation.(P) does not occur shall be , paid according lo Actual Measurement GC 8 0102 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 lender 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♦suppl'ied.at the unit prices stated'in the-Tender except as provided below. 1,-a)�Inthetcaseof'a Major,ltem'where the quantity of Work performed and/or Matenal suppined:,by the Contractoreicceedsthe tender quantity by more than 15%; eitherparty..to the Contract'may make 4ritten`tequest4o'the'other'party`to negotiate a°revised unit price for,that;portion.of:the.Work performed_and/or`Materiat supplied-which"exeeeds 115%-of•the lender quantity: :The negotiatwn 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 reasonabWallowancelbr.profit and applicable overhead. b)'Inthe case of a Major`Item where`the°q'uantity-of' tkVerf0mied-and/6rW8tenal 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 actuak overheads,and.-fixed o.sts applicable,to the amount of,the undemrn in excess of 15%of,the tenderquantity: For purposesvf.#w,negotiation ,the ovVrheads., and Axed 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, wh ere"both"parties.agree;an allowance,equal-to A0%-.of the'unit price'on,the:::amount-of:the und errun 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 CondkWo of Contract-September 1999 pop 35 .02 Payment for work not specifically detailed as part of any one item and without specified details of payment will be deemed to be included in the items with which it is associated. GC 8.02.02 Advance Payments for Material .01 The Owner will make advance payments for Material intended for incorporation in the Work upon the written request of the Contractor and according to the following terms and conditions: a) The Contractor shall, in advance of receipt of the shipment of the Material, arrange for adequate and proper storage facilities and notify the Contract Administrator of their locations. = b) The value of aggregates, processed and stockpiled,shall be assessed by the following procedure: i. Sources Other Than Commercial F' (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 aggregate stockpiled. P for each > 11. 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 kx3ted 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 s 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 kxcations, 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 -Uhere 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 all only be determined when the material meets the requirements of the appropriate specification. GC 8.02.03 ' Certification and Payment GC 8.02:03.01 Progress Payment Certificate .01 The value of the Work performed and Material supplied will be calculated once a month by the Contract Administrator in accordance with the Contract Documents and clause GC 8.01.01, Quantities. .02 The progress Payment Certificate will show, a) the quantities of Work performed; b) the value of Work performed; t),2.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. Paps 36 OP8 oenww CwWklo m of Cmmrad-Sepwnber 1 M .03 One copy of the progress Payment Certificate will be sent to the Contractor. .04 Payment will be made within 30 Days of the Cut-Off Date. GC 8.02.03.02 Certification of Subcontract Completion .01 Before the Work has reached the stage of Substantial Performance, the Contractor may notify the Contract Administrator, in writing that a subcontract is completed satisfactorily and ask that the - Contract Administrator certify.the completion of such subcontract .02 The Contract Administrator will issue:a Certificate of.Subcontract Completion if the subcontract has been completed satisfactorily, and all required inspection and testing of the works covered by the subcontract have been carried out and the results.are satisfactory. .03 The Contract'Administrator-will set out in the Certificate,of.SubcontractZ.gmPletion the date,on which the subcontract was completed.and within 77 Days'of the date the.subaontracfias certified-,complete, the Contract Administratorwiitgive a copy ofthe:certificate`to:the.Contractorand;to.the Subcontractor . concerned. GC 8.02.03.03 . Subcontract,Statutory Holdback Release Certificate.and Payment i 01 ''Following`rec eipt'of the Certificate of'Subcontract.Completion,.the:Ownerr*11,rrelease.and,pay the } Contradorthe statufiay hokibadc'retained in respect of tfie.subcontract_Such lease iiW(be-made = 46 Days-,after•.the data-the subcontract;was certfied:complete:Snd.providing,the;-Contrac ksubmits; :�: ..._ the following to the Contract Administrator a) a document'satisfactory to the'ContractAdministrator 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 etter from,the ,Workplaee..Safety,.ands Insuranm Board relatin to the'subcontract;and ,. d) a copy-of'the•contract'betwebmthe.Contractor and,the Subcontractor and,asatisfactorystatement 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 ContractorAshall lbrthwith:-give��the. Subcontractor the payment due under the subcontract 04 Release of statutory holdback by`the Owner-,in respect W .8-subcontract., not=relieve the Contractor,or the Contractors 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 Administratorwill set out in the Certificate of Substantial Performance the date.on which # ;. ; the Contract,was,,substantially-=performed and within 7 Days after signing the-saidd 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 Lion 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 Dairy Commercial News. OPS Gerard Conftkm of Conrad-89OWMOr 1M Pape 37 .04 Where the Contractor fails to publish a copy of the Certificate of Substantial Performance as ~ required above within 7 Days after receiving a copy of the certificate signed by the Contract Administrator, the Owner may publish a copy of the certificate at the 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. GC}8.02.03.05 Substantial Performance Payment and Substantial Performance Statutory Holdback Release Payment Certificates .01 When the Contract Administrator issues the Certificate of Substantial .Performance the Contract Administrator will also issue the Substantial Performance Payment Certificate and the Substantial Performance Statutory Holdback Release Payment Certificate or where appropriate, a combined payment certificate. .02 e'Substantial Performance Payment Certificate will show, arthe value of Work performed to the date of Substantial Performance; b) the value of outstanding or incomplete Work; s c)'the amounf of the statutory holdback, allowing for any previous releases of statutory holdback to the Contractor m respect of completed subcontracts and deliveries of pre-selected equipment; a d) the amount of maintenance security required; and ' e) the amount due the tontractor. 4 .03 ;Payment of the amount certified will be made within 30 Days of the date of issuance of the payment certificate. . _- .04 The Substantial Performance Statutory Holdback Release Payment Certificate will be a payment certificate releasing to the Contractor the statutory holdback due in respect of Work performed up to 'the date of Substantial Performance. Payment of such statutory holdback shall be due 46 Days after the date of publication of the Certificate of Substantial Performance but subject to the provisions of the Construction Lien Act and the submission by the Contractor of the following documents: a) a release by the Contractor in a form satisfactory to the Contract Administrator releasing the Owner from all further claims relating to the Contract, qualified by stated exceptions such as outstanding work or matters arising out of subsection GC 3.14, Claims, Negotiations, Mediation; b) a statutory declaration in a form satisfactory to the Contract Administrator that all liabilities incurred by the Contractor and the Contractor's Subcontractors in carrying out the.Contract have been r discharged except for statutory holdbacks properly retained; c) a satisfactory Certificate of Clearance from the Workplace Safety and Insurance Board;and a '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. Paps 38 OPS Gensar CondW"of CMb"-8" t"*W 1 n 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 rwiil;,be .a,;payment;certificate °releasing-to'the-Contractor.the''further'atatutory'holdback:='-Paymentbf.,su tr tdtutory holdback-shall be due 46 Days after the date'of Completwniofthe`Wotk,as estgblished by>the�Completior.Certificate but subject to,the..provisionsof the�Constructfon Lien-Act:and.Ihe;submission�by,the Contractor of..the , following documents: a) a release by.the Contracbor_in a form satisfactory to the Contract Administrator:releasing_the Owner from all further claims, relating to the `Contract ,qualified by tathd exceptions where appropriate; b)`;a'statutory declaration:in a1brm satisfactory to the.CoritractAdrrimrstrabor'that;ap liabilities incurred by the'Contractor.and'the`Contractor's Subcontractors In,canying out the Contract have been -discharged,'qualified by stated exceptions where appropriate;and c)'a satisfactoy Certificate of Clearance ftm 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,applimble.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,f then the.Contractor shall_ be entitled to receive interest on the outstanding payment°at the`Rate°of`interest zif paymentitis not received on the dates set out below: a) Progress Payment Certificates: 30'Days alfterahe Cut-Off Date; b) Certificate`of°Subcontract Completion::30 Days•afterth&4- atevertifiedas-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; ys ate cettified as g),Completion.Statutory.Holdback Release Payment Certificate:, 76 Da after the,d _. the date which the Work was completed. i .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 Contrast-sepEer dw 1999 Pape 39 GC 8.02.03.10 interest for Negotiations and Claims 3 � .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. r_ .04. :"re,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. �. 4t'_ GC 8'02:0.11 Owner's Set-Off 01 Pursuant to Section 12 of the Construction Uen Act, the Owner may retain from monies owing to the 1.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 wrung`by the Contractors insurer, undetermined claims by the Owner under paragraph GC 8.01.02.01 a), any assessment due the Workplace Safety and Insurance Board and any monies to be'paid to the workers in accordance with clause GC 8.02.06,Payment of Workers. .02 Under these circumstances the Owner will give the Contractor appropriate notice of such action. GC 8.02.03.12 Delay in Payment .011 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 y paragraph GC 8.02.03.09.01. GC 8.02.04. Payment on a Time and Material Basis GC.W.p 4.01 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 ' k 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 Conditkma of contrail-Sep*nber 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 lots and includes all work incidental thereto other than work on.structures.,-,., Sewer ,and `Watermain'Work: means the preparation, construction, finishing and :construction -maintenance-of sewer-systems and watermain systems,'and includes all work incidental thereto other than-' work on structures. Standby�Time:"mean$any,period of-time which`-rs`not consideredWorkingT une nd which.together with `the Working Time does°notexceed,10 houminaany:,onekWorking Day.and duang-:-which ,-time.a unit of equipment-cannot practically be_used on othenwork-butmustnemaict;on the.,:sitej"rderto.cootinue:with , _ its°assigned'task-and during which time the unit Is Wfully-,operable condition. ' Structure Work: means,the construction;'reconstruction, repair,alteration, remodelling, 'renovation or ",",demolition of any bridge,`building,,tunnel or wall and includes the-preparation for and the laying of the foundation oV ahy''bridge,.building,,tunnel'or'vetaining wall land the',installation oft equipment and r appurtenances incidental;thereto.. _, The 127 Rate:- means the rate for a unit of equipment as iisted 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 Tlrnwvnd�Material-Basis: means Changes in the,Work,-Extra,Work.and.Additional.Work approved,by'the}Contract Administratorrforpaymenton a'Time land Material°basis. -,The Work=.on a Time "r��and-Material'Basis,'-shall bet°subject`'to ,alk`fthe°:temps; conditions, .specifications and:proyi ions 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.•operabon,and:the first hours-of,each.immediately,following-period:during which ,. tithe unit is,not so engaged but'during whichithez operation>.is-othenwise-proceeding and.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:-j;..r 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 P =;Cont da ,Mminibl r rimd%repotting•the iabourand°Equipment=employed'-and the.MatedaL:used.on-. each Time•and'Vaterial-project-shall,be•,reconciled and signed each,day by both-the Contractor's• representative and the Contract Administrator. GC 8.02.04.03 Payment for Work .01 Payment as herein provided shall,be•full compensation for'all,labour,-Equipment and Material to do the Work on a Time and Material Basis except where there is agreement to the contrary prior to the commencement of the Work on a Time and Material Basis. The payment adjustments on a Time and Material basis shall apply to each individual Change Order authorized by the Contract Administrator. OPS General Conditions of Contract-September 1999 Paps 41 M r. GC 8.02.04.04 Payment for Labour .01 The Owner will pay the Contractor for labour employed on each Time and Material project at 135%of the Cost of Labour up to $3000, then at 120% of any portion of the Cost of Labour in excess of ' $3000. .02 The Owner will make payment in respect of Payroll Bunsen for Work on a Time and Material Basis at the Contractors actual cost of Payroll Bunsen. .03 ;At the Owners discretion, an audit may be conducted in which case the actual Payroll Bunsen 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 xr 4�R ost of the Material up to $3000, then at 115% of any portion of the Cost of Material in excess of GC'8f2:04.06 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 v `,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 Tune 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 i ° 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 Alia'ierial Basis. GC 8:02:04:06.02 Standby Time .01 The Owner will pay the Contractor for Standby Time of Equipment at 35%�of The 127 Rate or 35%�of the invoice price whichever is appropriate. The Owner will pay reasonable costs for Rented Equipment where this is necessarily retained in the Working Area for extended periods agreed to by the Contract Administrator.' This will include Rented Equipment intended for use on other work, but has been idled due to the circumstances giving rise to the Work on a Time and Material Basis. .02 In addition, the Owner will include the Cost of Labour of operators or associated labourers who cannot be otherwise employed during the standby period or.during the period of idleness caused by ' the circumstances giving rise to the Work on a Time and Material Basis. .03 The Contract Administrator may require Rented Equipment idled by the circumstances giving rise to the Work on Time and Material Basis to be returned to the lessor until the work requiring the equipment can be resumed. The Owner will pay such costs as result from such return. Pape 42 OPS General Conditions of Conbad-SepWnbw 1999 .04 When Equipment is transported, solely for the purpose of the Work on a Time and Material Basis, to or from the Working Area on a Time and Material basis, payment will be made by the Owner only in respect of the transporting units. When Equipment is moved under its own power it shall be deemed to be working. The method of moving Equipment and the rates shall be subject to the approval of the ' Contract Administrator. GC 8.02.04.07 Payment for Hand Tools 01 :Notwithstanding any.other provision of this,-Section,.-no-payment shall,be,made to,the;Contractor..for: or in respect of Hand Tools or equipment that are tools of the trade. GC 8.02.04.08 Payment for Work By Subcontractors . .01 Wherethe Contractor arrangesforWork,on a•Time and Material Basis, or-..a part_of it; to.be performed ._. :- by Subcontractors- on, �Time>.and.Material ,�basis,.-an&has-4-aceived wapprpval pnor -;,to the _commenoement�-of such work:,,-in accordance with. thei.-requirements4ofi4 GC: 3.10, O Subcontracting by the Contractor;the=Owner will pay,the-costz of:,,Work*n,a;F4me�and*{aterial Basis • 'by he-Subcontractor-calculatedes.-if the.Contractor had-donethe Work�s��a;�a��at�d�lllaterial Basis, plus-a markup calculated on the•following basis: _a).20%,of the.first,$3,000; plus b) 15%of the amount from$3,000 to$10,000;plus c) 5%of the amount in excess.of$10,000. 402.,No•furthermarkup.will be applied,regardless=of,the extent-to:which,the work is assigned,or,sublet.to.- ' -.others:r f work is assigned.orsublet,tolan;associate.;as.defined,:by the,Secudhes,Act,,no,markup:.:.. whatsoever will be applied. GC 8.02.04.09 Submission of invoices .01 -At the start-of-the Woric-on:a Time and,Material.•Basis, the Contractor,<shall,,provjde the;:appl'ICable.. . }• 'labour and-Equipmentrates'not already•submitted to the Contract Administrator-during the course of:. such work. .02 Separate+summaries:shall?be`completed by.thwContractor according to.the!.standard fotm,rSummary; ' for Payment.of Accounts:on a,Time.and Material Basis". . Each•summary shall,inciude;the.order number and covering dates of the work and shall itemize,separately,labour,.,Materials,and,Equipment. .. , i Invoices.for Materials;Rented Equipment and other charges incurred by the Contractor.on:the Work an a Time and Material Basis shall be included with.each•summary. 3-Each month:the Contract<�Administratorwill include wittxhe;monthiy prQgcessy9�t;;cefbflca!te, the. costs of the Work on a TimeWand Material Basis incurred dunng� the,-preceding-month all in -A -.accordance with.the contract administrative;procedures and the Contractors invoice of the.Work on a , Time and Material Basis. :D4 The final"Summaryfor°Payment of Accountson a Time and Material Basis".shali:besubmitied 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 Conft"of Conrad-September 1999 Page 43 r GC 8.02.06 Payment of Workers • .01 The Contractor shall, in addition to any fringe benefits, pay the workers employed on the Work in accordance with the labour conditions set out in the Contract and at intervals of not Less than twice a month. .02 The Contractor shall require each Subcontractor doing any part of the Work to pay the workers employed by the Subcontractor on the Work in accordance with paragraph GC 8.02.06.01. .03 Where any person employed by the Contractor or any Subcontractor or other person on the Work is paid less than the amount required to be paid under the Contract, the Owner may set off monies in accordance with clause GC 8.02.03.11,Owner's Set-Off. GC 8.02.07 Records .01 The Contractor shall maintain and keep accurate Records relating to the Work, Changes in the Work, Extra Work and claims arising therefrom. Such Records shall be of sufficient detail to support the total cost of the Work, Changes in the Work, and Extra Work. The Contractor shall preserve all such original Records until 12 months after the Final Acceptance Certificate is issued or until all claims have been settled, whichever is longer. The Contractor shall require that Subcontractors employed by the Contractor preserve all original Records pertaining to the Work, Changes in the Work, Extra Work and claims arising therefrom for a similar period of time. .02 If, in the opinion of the Contract Administrator, Daily Work Records are required, such records shall report the labour and Equipment employed and the Material used on any specific portion of the Work. The Daily Work Records shall be reconciled with and signed by the Contractor's representative each day. .03 The Owner may inspect and audit the Contractor's Records relating to the Work, Extra Work and Changes in the Work at any time during the period of the Contract. The Contractor shall supply certified copies of any part of its Records required whenever requested by the Owner. GC 8.02.08 Taxes and Duties .01 Where a change in Canadian Federal or Provincial taxes occurs after the date of tender dosing for this Contract,and this change could not have been anticipated at the time of bidding, the Owner will increase or decrease Contract payments to account for the exact amount of tax change involved. .02 Claims for compensation for additional tax cost shall be submitted by the Contractor to the Contract Administrator on forms provided by the Contract Administrator to the Contractor. Such claims for additional tax costs shall be submitted not less than 30 Days after the date of Final Acceptance. .03 Where the Contractor benefits from a change in Canadian Federal or Provincial taxes, the Contractor ' shall submit to the Contract Administrator, on forms provided by the Contract Administrator, a statement of such benefits. This statement shall be submitted not later than 30 Days after Final Acceptance. .04 Changes in Canadian Federal or Provincial taxes which impact upon commodities,which when left in place form part of the finished Work,or the provision of services,where such services form part of the Work and where the manufacture or supply of such commodities or the provision of such services is ' carried out by the Contractor or a Subcontractor, are subject to a claim or benefit as detailed above. Services in the latter context means the supply and operation of equipment, the provision of labour and the supply of commodities,which do not form part of the Work. 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 Condon d Contract-September 1999 ��4'S