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HomeMy WebLinkAbout2001-203 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2001- 203 Being a By-law to authorize a contract between the Corporation of the Municipality of Clarington and Langley Utilities Contracting, Bowmanville, Ontario, to enter into an agreement for the Street and Walkway Lighting at Various Locations. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS FOLLOWS: 1. THAT the Mayor and Clerk are hereby authorized to execute, on behalf of the Corporation of the Municipality of Clarington with the Corporation Seal, a contract between Langley Utilities Contracting, Bowmanville, Ontario, and said Corporation; and 2. THAT the contract attached hereto as Schedule "B" form part of this By-law. By-law read a first and second time this 26tdhay of Noveml�ef01. 26th November By-law read a third time and finally passed this day of 200 . John on, ayor atti rrie unicipal Clerk TfH ■ engineers architects - planners CORPORATION OF THE MUNICIPALITY OF CLARINGTON STREET LIGHTING IMPROVEMENTS CONTRACT NO. CL200140 PART "A" - Walkway Lighting, Robert Adams Drive to Whittaker Avenue, Courtice PART `B" - Walkway Lighting, Glenabbey Park, Courtice PART "C" - Street Lighting, Trulls Road, South of Avondale Drive, Courtice ' PART "D" - Street Lighting, Solina Road, South of Hwy. 2 PART "E" - Street Lighting, Baseline Road, West Side Drive to Martin Road, Bowmanville PART "F" - Street Lighting, Mearns Avenue, Concession Street to CPR Crossing, Bowmanville OCTOBER 2001 engineers architects ' planners TSH No. 12-29054 ' AGREEMENT ' THIS AGREEMENT made in quadruplicate this 13th day of November 2001 BETWEEN: LANGLEY UTILITIES CONTRACTING LTD. ' of the Regional Municipality of Durham and Province of Ontario rhereinafter called the "Contractor" ' THE PARTY OF THE FIRST PART ' - and- ' THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON ihereinafter called the "Purchaser" ' THE PARTY OF THE SECOND PART WITNESSETH, that the party of the first part, for and in consideration of the payment or ' payments specified in the tender for this work hereby agrees to furnish all necessary machinery, tools, equipment, supplies, labour, and other means of construction and, to the satisfaction of the Engineer, to do all the work as described hereafter, furnish all the materials except as herein otherwise specified, and to complete such works in strict accordance with the plans, specifications and tender therefore, all of which are 1 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 1 ' DESCRIPTION OF THE WORK AND LIST OF DOCUMENTS Tender for Contract No. CL2001-40, Walkway and Street Lighting Improvements, Various Locations, ' Municipality of Clarington. ADDENDUM NO. 1 - October 30, 2001 ' ADDENDUM NO. 2 - November 1, 2001 ADDENDUM NO. 3 - November 1, 2001 The work specified in the Contract shall be performed in strict accordance with the following Schedule: A. TENDER FORM: General Pages 1 & 2 Itemized Bid Pages 3 - 5 Bonds Schedule of Tender Data Page 7 B. STANDARD TERMS AND CONDITIONS C. INSTRUCTIONS TO TENDERERS Pages 1 to 5 D. SPECIAL PROVISIONS - GENERAL Pages 1 to 17 E. SPECIAL PROVISIONS -TENDER ITEMS Pages 1 to 7 F. STANDARDS G. PLANS: Drawings No. El through E7 inclusive iH. STANDARD SPECIFICATIONS: the applicable edition of the following Ontario Provincial Standard Specifications. ' OPSS No. Date OPSS No. Date OPSS No. Date OPSS No. Date 127 Current 603 March 1993 610 Sept. 1994 617 Sept. 1984 128 Current 604 Sept. 1993 615 Sept. 1993 614 Sept. 1984 601 March 1993 609 Nov. 2000 ' I. GENERAL CONDITIONS: OPS General Conditions of Contract(September 1999) All plans and documents referred to in the Specifications. ' The Contractor further agrees that he will deliver the whole of the works completed in accordance with this agreement on or before the expiration of thirty (30) working days from the commencement date of Monday, December 3, 2001. Page 2 of 3 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. 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 \\j} in the presence of ) } } SIGNED and sealed by the Purchaser ) ) Joh Mutton, Mayor ) in the presence of ) ) a4gaj rri-e, Clerk Page 3 of 3 CONTRACT NO. CL2001-40 MUNICIPALITY OF CLARINGTON STREET LIGHTING IMPROVEMENTS ADDENDUM NO. 1 1 of 1 Contractors are hereby advised of the following clarification/modification to Contract CL2001-40. 1. ITEMIZED BID i) Item El - The quantity is revised to 6. ii) Item F2-Messenger Cables, is revised to be provisional. 2. DRAWINGS i) Drawing E5 Drawing E 5 is revised to show the proposed "bus &connection by Hydro One" and street lights on the south side of the road. The existing pole numbering is revised to be shown on the south side of Baseline Road on the existing Hydro Poles between 30 in west of West Side Drive and Martin Road and are renumbered from FEP 1 through FEP 6 inclusive. (Revised drawing E5 will be sent out in the Tuesday, October 30, 2001 overnight courier). All tenders must be submitted on the basis o f these modifications. This Addendum shall remain attached to and form part of all tenders submitted. TSH Engineers Architects Planners 513 Division Street COBOURG, Ontario K9A 5G6 October 30, 2001 ' P/12-29054/Specs/18872doc TIH CONTRACT NO. CL200140 ' MUNICIPALITY OF CLARINGTON STREET LIGHTING IMPROVEMENTS ADDENDUM NO. 2 1 of 1 ' Contractors are hereby advised of the following clarification/modification to Contract CL2001-40. 1. ITEMIZED BID ' i) Item F10 b) -The following shall be added to the description for this Item: "Roadway Luminaires and Bracket Arms" 2. SPECIAL PROVISIONS-TENDER ITEMS i) Roadway and Walkway Lighting Luminaires and Bracket Assemblies - Items No. A5, B7, C1,Dl, El and F10 The following paragraph shall be added to the Special Provision: "70 watt HPS walkway lights are to be mounted to pole with adapter-Cat. No. OA1063 as supplied by Cooper or approved equivalent. ii) Supply Control Cabinet Assemblies-Items No A6 and F8 The following shall be added: "The reference to MTOD 2440.01 applies to Item F8 only." "Item A6 shall be supplied and installed as per Detail `A' on drawing El." All tenders must be submitted on the basis of these modifications. This Addendum shall remain attached to and form part of all tenders submitted. TSH Engineers Architects Planners 513 Division Street COBOURG, Ontario K9A 5G6 November 1, 2001 P/12-290M/Spccs1Nn-2-&W.doc Y■■ CO NTRACT NO. CL200140 MUNICIPALITY OF CLARINGTON ' STREET LIGHTING IMPROVEMENTS ADDENDUM NO. 3 1 of 2 Contractors are hereby advised of the following clarification/modification to Contract CL2001-40. 1. SPECIAL PROVISIONS -TENDER ITEMS ' i) Supply Control Cabinet Assemblies-Items No F8 The following shall be deleted: "The reference to MTOD 2440.01 applies to Item F8 only." and be replaced with: Amendment to OPSS 614 dated September 1984 614.05.03 SUPPLY CONTROL CABINET ASSEMBLY Section 614.05.03 is deleted in its entirety and replaced with the following: The Supply Control Cabinet Assembly shall be a load centre by square D,Model CQ018MIOORB or an approved ' equal complete with top entry hubs. The Contractor shall supply circuit breakers at each supply location as follows: ' 1 2 Pole-common trip circuit breaker,Square D Catalogue No.QOM IOOVHL(I00amp). This shall be used as the main circuit breaker. 8 30 amp single pole breaker for the illumination circuit. #of spare single pole breakers as indicated Section 614.07.02 is amended by the addition of the following: The Contractor shall leave sufficient wire coiled,rigid ducts,weather head,etc.for Veridian to complete installation and make final connections. The Contractor shall contact the Veridian representative two weeks before the power to the service is required and request a "Service Layout". The Contractor will meet the Veridian representative on site and coordinate the requirements to complete the services. Veridian Representative. Mr.Ross Barnett (905)427-9870 It will also be the Contractor's responsibility to obtain an "Inspection Clearance" from the Hydro One Inspection Department. The"Inspection Clearance"must be obtained at least 48 hours in advance of the power turn on to ensure the local hydro will receive it prior to turn on. Y�■ CONTRACT NO. CL2001-40 MUNICIPALITY OF CLARINGTON ' STREET LIGHTING IMPROVEMENTS ADDENDUM NO. 3 2 of 2 614.10 BASIS OF PAYMENT ' Section 614.10.02 is amended by the addition of the following: ' Payment at the contract price for the tender item `Supply and Install Supply Control Cabinet Assembly' shall include Hydro connection fee payable to Veridian. All tenders must be submitted on the basis of these modifications. This Addendum shall remain attached to and form part of all tenders submitted. TSH ' Engineers Architects Planners 513 Division Street COBOURG, Ontario K9A 5G6 ' November 1, 2001 P/12-290%/SpCM/18872-3-W.doc UH r PROJECT: TENDER FOR CONTRACT NO. CL2001-40 ' WALKWAY AND STREET LIGHTING IMPROVEMENTS, VARIOUS LOCATIONS ' AUTHORITY: CORPORATION OF THE MUNICIPALITY OF CLARINGTON ' CONTRACT ADMINISTRATOR: TSH ENGINEERS, ARCHITECTS and PLANNERS 513 DIVISION STREET COBOURG, ONTARIO. K9A 5G6 Telephone: 905: 372-2121 Fax: 905: 372-3621 ' TENDERER: LANGLEY UTILITIES CONTRACTING LTD Name ' 159 Baseline Road East Unit#2 ' BOWMANVILLE Ontario LIC 3L4 Address (include Postal Code) 905-623-8625 905-623-0735 ' Telephone and Fax Numbers D Shane Hastings Name of Person Signing 1 President Position of Person Signing ' TENDERS RECEIVED BY: Mrs. Patti Barrie, Clerk Corporation of the Municipality of Clarington Municipal Administration Centre 40 Temperance Street BOWMANVILLE, Ontario. L1C 3A6 P/290541/Specs 118849.wpd Page I of 7 pages TENDER CONTRACT NO. CL2001-40 To: The Mayor and Members of Council ' Corporation of the Municipality of Clarington SRe: Contract No. CL2001-40, Walkway and Street Lighting Improvements, Various Locations Dear Mayor and Members of Council: The Contractor has carefully examined the Plans, Provisions, Specifications and Conditions described herein as part of the work to be done under this Contract. The Contractor understands and accepts the said Plans, Provisions, Specifications and Conditions, and, for the prices set forth in this Tender, hereby offers to furnish all machinery, tools, apparatus and other means of construction, furnish all materials, except as otherwise specified in the Contract, and to complete the work in strict accordance with the said Plans, Provisions, ' Specifications and Conditions. The Contractor understands and accepts that the quantities shown are approximate only, and are subject to increase, decrease, or deletion entirely if found not to be required. Attached to this tender is a bid deposit in the amount specified in Clause 3 of the Instructions to Tenderers, made payable to the Authority. This cheque or bid bond shall constitute a deposit which shall be forfeited to the Authority if the successful Contractor fails to file with the Authority a 100% Performance Bond, and a 100% Labour and Material Payment Bond, satisfactory to the Authority within ten(10) calendar days from ' the date of receipt of Notice of Acceptance of the Tender. Notification of acceptance may be given and delivery of the form of Agreement made by prepaid post, addressed to the Contractor at the address contained in this Tender. Page 2 of 7 pages ' ITEMIZED BID CONTRACT NO. CL200140 ' In accordance with the first paragraph of this Tender, the Contractor hereby offers to complete the work specified for Contract No. CL2001-40 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 Item Spec. Description of Item Unit Quantity Unit Price Total ' No. No. PART A: Walkwa Lighting, Robert Adams Drive to Whittaker Avenue, Courtice ' Al. 0604 Low Voltage Cables in Ducts, m 98 7.00 686.00 SP #4 AWG A2. 0609 Ground Wires m 49 2.00 98.00 SP #6 AWG Insulated (P) A3. 0609 Ground Electrodes ea 1 107.00 107.00 ' SP (P) A4. 0615 Concrete Pole, Direct Buried, 6.0 m ea 2 1,000.00 2,000.00 SP (P) ' A5. 0617 Walkway Luminaires and Bracket ea 2 600.00 1,200.00 SP Assemblies, 70 W HPS (P) ' A6. 0614 Supply Control Cabinet and Connect ea 1 878.00 878.00 SP to Supply 'A' I (P) Total Part A-(carried forward to Summary Page) $4,969.00 PART B: Walkway Li&hting, Glenabbey Park, Courtice B1. 0603 Polypipe Duct, Direct Buried m 91 21.00 1,911.00 SP 1-50 mm (P) ' B2. 0603 Rigid Duct, Surface Mounted m 27 7.00 189.00 SP 1-50 mm (P) B3. 0604 Low Voltage Cables in Ducts, #4 m 236 6.00 1,416.00 SP AWG Copper (P) B4. 0609 Ground Wires, #6 AWG Insulated m 118 2.00 236.00 SP (P) B5. 0609 Ground Electrodes ea 1 107.00 107.00 SP (P) B6. 0615 Concrete Pole, Direct Buried, 6.0 m ea 4 1,000.00 4,000.00 SP I (P) B7. 0617 Walkway Luminaires and Bracket ea 4 600.00 2,400.00 SP Assemblies 70 W HPS P ' Page 3 of 7 pages ' ITEMIZED BID CONTRACT NO. CL200140 ' In accordance with the first paragraph of this Tender, the Contractor hereby offers to complete the work specified for Contract No. CL2001-40 for the following unit prices. ' Item Spec. Description of Item Unit Quantity Unit Price Total No. No. B8 SP Connection to Existing Supply 'B" ea 1 427.00 427.00 (P) ' Total Part B (carried forward to summary page2 $10,686.00 ' PART C: Street L' h ' , Trulls Road, South of Avondale Drive, Courtice Cl. 0617 Roadway Luminaires and Bracket ea 4 600.00 2,400.00 SP Assemblies (200 W HPS) I (P) ' Total Part C (carried forward to summary page) $2,400.00 PART D: Street L' h ' , Solina Road, South of Hwy. 2 Dl. 0617 Roadway Luminaires and Bracket ea 6 590.00 3,540.00 SP Assemblies (150 W HPS) (P) ' Total Part D (carried forward to Summa Page) $3,540.00 ' PART E - Street L' htin , Baseline Road, West Side Drive to Martin Road, Bowmanville El. 0617 Roadway Luminaires and Bracket ea 6 590.00 3,540.00 SP Assemblies(150 W HPS) I (P) Total Part E (carried forward to Summary Page) $3,540.00 ' PART F- Street Lighting, Mearns Avenue, Concession Street to CPR Crossing, Bowmanville F1. 0603 Polypipe Duct, Direct Buried, 1-50 m 105 21.00 2,205.00 ' SP mm (P) F2. 0604 Provisional m 941 2.50 2,352.50 SP Messenger Cables, Aerial Grade 110, (P) Galvanized F3. 0604 Low Voltage Cables in Duct#4 AWG m SP Copper (P) 315 7.00 2,205.00 ' F4. 0604 Low Voltage Cables on Messenger, #4 m 2,817 3.00 8,451.00 SP AWG Copper (P) ' F5. 0609 Ground Wires, m 1,046 2.50 2,615.00 SP a)#6 AWG Insulated (P) b)#2/0 AWG Bare m 6 6.25 37.50 P Page 4 of 7 pages ' ITEMIZED BID CONTRACT NO. CL200140 In accordance with the first paragraph of this Tender, the Contractor hereby offers to complete the work specified for Contract No. CL2001-40 for the following unit prices. ' Item Spec. Description of Item Unit Quantity Unit Price Total No. No. ' F6. 0609 Ground Electrodes ea 3 107.00 321.00 SP (P) ' F7. 0610 Removal of Electrical Equipment LS 227.00 227.00 SP F8. 0614 Supply and Connect to Supply 'G' ea 1 827.00 827.00 ' SP (Ener ization by Veridian) (P) F9. 0615 Concrete Pole, Direct Buried, 6.0 in 1,000.00 2,000.00 ' SP a) 6.0 m ea 2 (P) b) 13.7 m ea 2 1,400.00 2,800.00 ' (P) F10. 0617 Walkway Luminaires and Bracket ea 2 600.00 1,200.00 SP Assemblies (P) ' a) 70W HPS Roadway Luminaires and Bracket ea 18 500.00 9,000.00 Arms (P) b) 150W HPS Total Part F-(carried forward to Summary Page) $34,241.00 SUMMARY: Total PART 'A' 4,969.00 Total PART 'B' 10,686.00 Total PART IC' 2,400.00 ' Total PART 'D' 3,540.00 Total PART 'E' 3,540.00 Total PART 'F' 34,241.00 Total (excluding GST) $59,376.00 ' GST (7% of Total) 4,156.3 TQTAL TEit. IQ[ NT Tenderer's GST Registration No. 133922807 SPage 5 of 7 pages AGREEMENT TO BOND (to be completed by Bonding Company) CONTRACT NO CL2001-40 WE, the Undersigned, HEREBY AGREE to become bound as Surety for ' in a Performance Bond totallin g ONE HUNDRED PERCENT(100%) of the Total Tender amount, and a ' Labour and Material Payment Bond totalling ONE HUNDRED PERCENT (100%) of the Total Tender amount, and conforming to the Instruments of Contract attached hereto, for the full and due performance of the works shown or described herein, if the Tender for Contract No. CL2001-40 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 this day of 2001. ' Name of Bonding Company Signature of Authorized Person Signing for Bonding Company ' (BONDING COMPANY SEAL) Position (This Form shall be completed and attached to the Tender Submitted). Page 6 of 7 pages SCHEDULE OF TENDER DATA CONTRACT NO CL2001-40 The work specified in the Contract shall be performed in strict accordance with the following Schedule: A. TENDER FORM: General Pages 1 & 2 Itemized Bid Pages 3 - 5 Agreement to Bond Page 6 Schedule of Tender Data Page 7 B. STANDARD TERMS AND CONDITIONS C. INSTRUCTIONS TO TENDERERS Pages 1 to 5 D. SPECIAL PROVISIONS - GENERAL Pages 1 to 17 E. SPECIAL PROVISIONS -TENDER ITEMS Pages 1 to 7 F. STANDARDS G. PLANS: Drawings No. El through E7 inclusive H. STANDARD SPECIFICATIONS: It shall be the Contractor's responsibility to obtain the applicable edition of the following Ontario Provincial Standard Specifications. OPSS No. Date OPSS No. Date OPSS No. Date OPSS No. Date 127 Current 603 March 1993 610 Sept. 1994 617 Sept. 1984 128 Current 604 Sept. 1993 615 Sept. 1993 614 Sept. 1984 601 March 1993 609 Nov. 2000 �i I. GENERAL CONDITIONS: OPS General Conditions of Contract(September 1999) The Contractor, by this Tender, offers to complete the work of this Contract in strict accordance with the terms contained herein. i By my/our signature hereunder, I/we hereby identify this as the Schedule of Tender Data, Plans and Specifications, for Contract No. CL2001-40, executed by me/us bearing date the 1st day of November 001. SIGNATURE POSITION: President (COMPANY SEAL) NAME OF FIRM: LANGLEY UTILITIES CONTRACTING LTD. This is Page 7 of 7 Pages to be submitted as the Tender Submission for Contract No. CL2001-40. CORPORATION OF THE MUNICIPALITY OF CLARINGTON STANDARD TERMS AND CONDITIONS PH 2-290541SPOC SH 8850 AW 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 10— "Payments" of the"Special Provisions—General" Section of the Contract. • Clause 15 of the "Standard Terms and Conditions" shall be superceded by Clause 2— "Guaranteed Maintenance" of the "Special Provisions—General" Section of the Contract. • Clause 16 of the "Standard Terms and Conditions" is not applicable to this Contract. • Clause 23 of the "Standard Terms and Conditions" shall be superseded by Clause 6.03.02 of the OPS General Conditions of Contract (September 1999)which requires a $5,000,000.00 liability coverage. • Clause 26 of the "Standard Terms and Conditions" shall be superseded by Clause 18— "Workplace Hazardous Materials Information System (WHMIS)", Clause 21 — "Compliance with the Occupational Health and Safety Act" (which also includes the Municipalilty of Clarington's"Contractor Safety" Documents) and Clause 22— "Governmental Requirements" all from the "Special Provisions—General" Section of the Contract. Tern-M0C.DodB2/M STANDARD TERMS AND CONDITIONS 1, DEFINITIONS Municipality-The Corporation of the Municipality of Clarington, its successors and assigns. Bidder-The person,firm or corporation submitting a bid to the Municipality. Company - The person, contractor, firm or corporation to whom the Municipality has awarded the contract, it successors and assigns. Contract - The purchase order authorizing the company to perform the work, purchase order alterations,the document and addenda,the bid, and surety. Subcontractor-A person,firm or corporation having a contract with the company for, or any part of, the work. Document - The document(s) issued by the Municipality in response to which bids are invited to perform the work in accordance with the specifications contained in the document. Bid-An offer by a Bidder in response to the document issued by the Municipality. Work -All labour, materials, products, articles, fixtures, services, supplies, and acts required to be done,fumished or performed by the company,which are subject to the Contract. 2. SUBMISSION OF BID jBid 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 forms) 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. iIf a joint bid is submitted, it must be signed on behalf of each of the Bidders. The bid must be legible, written in ink, or typewritten. Any form of erasure, strikeout or over-writing must be initialled by the Bidder's authorized signing officer. The bid must not be restricted by a covering letter, a statement added, or by alterations to the document unless otherwise provided herein. Failure to return the document or invitation may result in the removal of the Bidder from the Municipality's bidder's list. A bid received after the closing date and time will not be considered and will be returned, unopened. Should a dispute arise from the terms and conditions of any part of the contract, regarding meaning, intent or ambiguity, the decision of the Municipality shall be final. 3. CONTRACT The contract consists of the documents aforementioned. The contract and portions thereof take precedence in the order in which they are named above, notwithstanding the chronological order in which they are issued or executed. The intent of the contract is that the Company shall supply work which is fit and suitable for the Municipality's intended use and complete for a particular purpose. None of the conditions contained in the Bidder's standard or general conditions of sale shall be of any effect unless explicitly agreed to by the Municipality and specifically referred to in the purchase order. 4. CLARIFICATION OF THE DOCUMENT Any clarification of the document required by the Bidder prior to submission of its bid shall be requested through the Municipality's contact identified in the document. Any such clarification so given shall not in any way alter the document and in no case shall oral arrangements be considered. Every notice, advice or other communication pertaining thereto will be in the form of a written addendum. No officer, agent or employee of the Municipality is authorized to alter orally any portion of the document. 5. PROOF OF ABILITY The bidder may be required to show, in terms of experience and facilities, evidence of its ability, as. well as that of any proposed subcontractor, to perform the work by the specified delivery date. 6. DELIVERY Unless otherwise stated, the work specified in the bid shall be delivered or completely performed by the Company as soon as possible and in any event within the period set out herein as the guaranteed period of delivery or completion after receipt of a purchase order therefor. A detailed delivery ticket or piece tally, showing the exact quantity of goods, materials, articles or equipment, shall accompany each delivery thereof. Receiving by a foreperson, storekeeper or other such receiver shall not bind the Municipality to accept the work covered thereby, or the particulars of the delivery ticket or piece tally therefor. Work shall be subject to further inspection and approval by the Municipality. The Company shall be responsible for arranging the work so that completion shall be as specified in the contract. Time shall be of the essence of the contract. 7. PRICING Prices shall be in Canadian Funds,quoted separately for each item stipulated, F.O.S.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 worts. Payments made hereunder, including final payment shall not relieve the company from its obligations or liabilities under the contract. Acceptance by the company of the final payment shall constitute a waiver of claims by the company against the Municipality,except those previously made in writing in accordance with the contract and still unsettled. The Municipality shall have the right to withhold from any sum otherwise payable to the company such amount as may be sufficient to remedy any defect or deficiency in the work, pending correction Of it. Payment may be made 30 days after delivery pursuant to the Bidder submitting an invoice, contract requirements being completed and work being deemed satisfactory. 9. PATENTS AND COPYRIGHTS The company shall,at its expense,defend all claims, actions or proceedings against the Municipality based on any allegations that the work or any part of the work constitutes an infringement of any patent, copyright or other proprietary right, and shall pay to the Municipality all costs, damages, charges and expenses, including its lawyers'fees on a solicitor and his own client basis occasioned to the Municipality by reason thereof. The company shall pay all royalties and patent license fees required for the work. If the work or any part thereof is in any action or proceeding held to constitute an infringement, the company shall forthwith either secure for the Municipality the right to continue using the work or shall at the company's expense, replace the infringing work with non-infringing work or modify it so that the work no longer infringes. 10. ALTERNATES Any opinion with regard to the use of a proposed alternate determined by the Municipality shall be final. Any bid proposing an alternate will not be considered unless otherwise specified herein. 11. EQUIVALENCY Any opinion determined by the Municipality with respect to equivalency shall be final. 12. ASSIGNMENT AND SUBCONTRACTING The company shall not assign or subcontract the contract or any portion thereof without the prior written consent of the Municipality. 13. FINANCING INFORMATION REQUIRED OF THE COMPANY The Municipality is entitled to request of the Company to fumish reasonable evidence that financial arrangements have been made to fulfill the Municipality's obligations under the Contract. 14. LAWS AND REGULATIONS The company shall comply with relevant Federal, Provincial and Municipal statutes, regulations and by-laws pertaining to the work and its performance. The company shall be responsible for ensuring similar compliance by suppliers and subcontractors. The contract shall be governed by and interpreted in accordance with the laws of the Province of Ontario. 15. CORRECTION OF DEFECTS If at any time prior to one year after the actual delivery date or completion of the work (or specified warranty/guarantee period if longer than one year) any part of the work becomes defective or is deficient or fails due to defect in design, material or workmanship, or otherwise fails to meet the requirements of the contract, the company, upon request, shall make good every such defect, deficiency or failure without cost to the Municipality. The company shall pay all transportation costs for work both ways between the company's factory or repair depot and the point of use. 16. BID ACCEPTANCE The Municipality reserves the right to award by item, or part thereof, groups of items, or parts thereof, or all items of the bids and to award contracts to one or more bidders submitting identical bids as to price;to accept or reject any bids in whole or in part; to waive irregularities and omissions, if in so doing, the best interests of the Municipality will be served. No liability shall accrue to the Municipality for its decision in this regard. Bids shall be irrevocable for 90 days after the official closing time. The placing in the mail or delivery to the Bidders shown address given in the bid of a notice of award to a bidder by the Municipality shall constitute notice of acceptance of contract by the Municipality to the extent described in the notice of award. 17. DEFAULT BY COMPANY a. If the company:commits any act of bankruptcy; or if a receiver is appointed on account of its insolvency or in respect of any of its property; or if the company makes a general assignment for the benefit of its creditors; then, in any such case, the Municipality may, without notice:terminate the contract. b. If the company: fails to comply with any request, instruction or order of the Municipality; or fails to pay its accounts; or fails to comply with or persistently disregard statutes, regulations, by-laws or directives of relevant authorities relating to the work;or fails to prosecute the work with skill and diligence; or assigns or sublets the contract or any portion thereof without the Municipality's prior written consent; or refuses to correct defective work; or is otherwise in default in carrying out its part of any of the terms, conditions and obligations of the contract, then, in any such case, the Municipality may, upon expiration of ten days from the date of written notice to the company,terminate the contract. C. Any termination of the contract by the Municipality, as aforesaid, shall be without prejudice to any other rights or remedies the Municipality may have and without incurring any liability whatsoever in respect thereto. d. If the Municipality terminates the contract, it is entitled to: i) take possession of all work in progress, materials and construction equipment then at the project site(at no additional charge for the retention or use of the construction equipment), and finish the work by whatever means the Municipality may deem appropriate under the circumstances; ii) withhold any further payments to the company until the completion of the work and the expiry of all obligations under the Correction of Defects section; iii) recover from the company loss, damage and expense incurred by the Municipality by reason of the company's default (which may be deducted from any monies due or becoming-due to the company, any balance to be paid by the company to the Municipality). 18. CONTRACT CANCELLATION The Municipality shall have the right, which may be exercised from time to time, to cancel any uncompleted or unperformed portion of the work or part thereof. In the event of such cancellation, the Municipality and the Company may negotiate a settlement. The Municipality shall not be liable to the Company for loss of anticipated profit on the cancelled portion or portions of the work. 19. QUANTITIES Unless otherwise specified herein, quantities are shown as approximate, are not guaranteed to be accurate, are fumished without any liability on behalf of the Municipality and shall be used as a basis for comparison only. Payment will be by the unit complete at the bid price on actual quantities deemed acceptable by the Municipality. 20. SAMPLES Upon request, samples must be submitted strictly in accordance with instructions. If samples are requested subsequent to opening of bids, they shall be delivered within three (3) working days following such request, unless additional time is granted. Samples must be submitted free of charge and will be returned at the bidder's expense, upon request, provided they have not been destroyed by tests, or are not required for comparison purposes. The acceptance of samples by the Municipality shall be at its sole discretion and any such acceptance shall in no way be construed to imply relief of the company from its obligations under the contract. Samples submitted must be accompanied by current Material Safety Data Sheets (MSDS) where applicable. 21. SURETY The successful tenderer shall, if the Municipality in its absolute discretion so desires, be required to satisfy surety requirements by providing a deposit in the form of a certified cheque, bank draft or money order or other form of surety, in an amount determined by the Municipality. This surety may be held by the Municipality until 60 days after the day on which all work covered by the contract has been completed and accepted. The surety may be returned before the 60 days have elapsed providing satisfactory evidence is provided that all liabilities incurred by the company in carrying out the work have expired or have been satisfied and that a Certificate of Clearance from the Workers' Compensation Board has been received. The company shall, if the Municipality in its absolute discretion so desires, be required to satisfy fidelity bonding requirements by providing such bonding in an amount and form determined by the Municipality. Failure to furnish required surety within two weeks from date of request thereof by the Municipality shall make the award of the Contract by the Municipality subject to withdrawal. 22. WORKPLACE SAFETY AND INSURANCE BOARD All of the Company's personnel must be covered by the insurance plan under the Workplace Safety and Insurance Act, 1997. Upon request by the Municipality, an original Letter of Good Standing for the Workplace Safety and Insurance Board shall be provided prior to the commencement of Work indicating all payments by the Company to the Board have been made. Prior to final payment, a Certificate of Clearance must be issued indicating all payments by the Company to the Board in conjunction with the subject Contract have been made and that the Municipality will not be liable to the Board for future payments in connection with the Company's fulfilment of the contract. Further Certificates of Clearance or other types of certificates shall be provided upon request. 23. INSURANCE The company shall maintain and pay for Comprehensive General Liability insurance including premises and all operations. This insurance coverage shall be subject to limits of not less than $2,000,000.00 inclusive per occurrence for third party Bodily Injury and Property Damage or such other coverage or amount as may be requested. The policy shall include the Municipality as an additional insured in respect of all operations performed by or on behalf of the Company. A certified copy of such policy or certificate shall be provided to the respective participant prior to commencement of the work. Further certified copies shall be provided upon request. 24. LIABILITY The company agrees to defend, fully indemnify and save harmless the Municipality from all actions, suits, claims, demands, losses, costs, charges and expenses whatsoever for all damage or injury including death to any person and all damage to any property which may arise directly or indirectly by reason of a requirement of the contract, save and except for damage caused by the negligence of the Municipality or its employees. The Company agrees to defend, fully indemnify and save harmless the Municipality from any and all charges,fines, penalties and costs that may be incurred or paid by the Municipality if the Municipality or any of its employees shall be made a party to any charge under the Occupational Health and Safety Act in relation to any violation of the Act arising out of this contract. 25. VISITING THE SITE The Company shall carefully examine the site and existing building and services affecting the proper execution of the work, and obtain a clear and comprehensive knowledge of the existing conditions. No claim for extra payment will be allowed for work or difficulties encountered due to conditions of the site which were visible or reasonably inferable, prior to the date of submission of Tenders. Bidders shall accept sole responsibility for any error or neglect on their part in this respect. 26. SAFETY The Company shall obey all Federal, Provincial and Municipal Laws, Act, Ordinances, Regulations, Orders-in-Council and By-laws,which could in any way pertain to the work outlined in the Contract or to the Employees of the Company. Without limiting the generality of the foregoing, the Company shall satisfy all statutory requirements imposed by the Occupational Health and Safety Act and Regulations made thereunder, on a contractor, a Constructor and/or Employer with respect to or arising out of the performance of the Company's obligations under this Contract. The Company shall be aware of and conform to all governing regulations including those established by the Municipality relating to employee health and safety. The Company shall keep employees and subcontractors informed of such regulations. The Company shall provide Material Safety Data Sheets(MSDS)to the Municipality for any supplied Hazardous Materials. 27. UNPAID ACCOUNTS The company shall indemnify the Municipality from all claims arising out of unpaid accounts relating to the work. The Municipality shall have the right at any time to require satisfactory evidence that the work in respect of which any payment has been made or is to be made by the Municipality is free and clear of liens,attachments,claims,demands, charges or other encumbrances. 28. SUSPENSION OF WORK The Municipality may, without invalidating the contract, suspend performance by the company from time to time of any part or all of the work for such reasonable period of time as the Municipality may determine. The resumption and completion of work after the suspension shall be governed by the schedule established by the Municipality. 29. CHANGES IN THE WORK The Municipality may, without invalidating the contract, direct the Company to make changes to the work. When a change causes an increase or decrease in the work, the contract price shall be increased or decreased by the application of unit prices to the quantum of such increase or decrease, or in the absence of applicable unit prices, by an amount to be agreed upon between the Municipality and the Company. All such changes shall be in writing and approved by the Municipality. 30. CONFLICT OF INTEREST No employee or member of Council of the Municipality shall sell goods or services to the Municipality in accordance with the Municipality of Clarington Policy or have a direct or indirect interest in a Company or own a Company which sells goods or services to the Municipality. CORPORATION OF THE MUNICIPALITY OF CLARINGTON CONTRACT NO. CL200140 INSTRUCTIONS TO TENDERERS P/29054/Specs/18851.doc INDEX INSTRUCTIONS TO TENDERERS CONTRACT NO. CL2001-40 CLAUSE SUBJECT PAGE 1. GENERAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 2. BLANK FORM OF TENDER . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 3. TENDER DEPOSITS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 4. BONDS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 5. RIGHT TO ACCEPT OR REJECT TENDERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 6. UNACCEPTABLE TENDERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 7. ABILITY AND EXPERIENCE OF TENDERER . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 8. PROVINCIAL SALES TAX . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 9. GOODS AND SERVICES TAX (GST) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 10. EXECUTE CONTRACT DOCUMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 1 11. 'COMMENCEMENT OF WORK . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 12. LOCATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 13. TENDERERS TO INVESTIGATE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 14. INQUIRIES DURING TENDERING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 15. AWARD OF THE CONTRACT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 16. DEFINITION OF OWNER/AUTHORITY AND ENGINEER/CONTRACT ADMINISTRATOR . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 17. ADDENDA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 18. UTILITIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 PAGE ONE INSTRUCTIONS TO TENDERERS CONTRACT NO. CL2001-40 1. GENERAL i SEALED Tenders plainly marked "Contract No. CL2001-40" will be received until: ■ 2:00:00 P.M., LOCAL TIME, FRIDAY, NOVEMBER 2, 2001 and shall be addressed to: Ms. Patti Barrie, Clerk Corporation of the Municipality of Clarington Municipal Administration Centre 40 Temperance Street Bowmanville, Ontario. L1C 3A6 2. BLANK FORM OF TENDER One copy of the Tender, on the forms provided, shall be submitted. All information requested shall be shown in the tender, in the space provided. 3. TENDER DEPOSITS All tenders shall be accompanied by a certified cheque or a bid bond issued by a surety approved by and in a form containing terms satisfactory to the Municipality's Treasurer, in the minimum amount defined below, made payable to the Authority, as a guarantee for the execution of the Contract. 01"dAmfi ne r Mlrrium It R uzr $ 20,000.00 or less $1,000.00 ' 20,000.01 to 50,000.00 2,000.00 50,000.01 to 100,000.00 5,000.00 100,000.01 to 250,000.00 10,000.00 250,000.01 to 500,000.00 25,000.00 500,000.01 to 1,000,000.00 50,000.00 1,000,000.01 to 2,000,000.00 100,000.00 2,000,000.01 and over 200,000.00 All deposits will be returned within ten days after the Tenders have been opened except those which the Authority elects to retain until the successful tenderer has executed the Contract Documents. INSTRUCTIONS TO TENDERERS CONTRACT NO. CL200140 2. The retained tender deposits will be returned when the successful Tenderer has fully complied with the conditions outlined in the Contract Documents. 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. 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. IN STRUCTIONS TO TENDERERS CONTRACT NO. CL200140 3. 9. GOODS AND SERVICES TAX (GST) The Tenderer shall NOT include any amount in his tender unit prices for the Goods and Services Tax. The GST will be shown on each payment certificate and will be paid to the Contractor in addition to the amount certified for payment and will therefore not affect the Contract unit prices. 10. EXECUTE CONTRACT DOCUMENTS ' Tenders shall be open for acceptance for a period of 30 days after the closing date. After this time the tender may only be accepted with the consent of the successful Tenderer. The successful Tenderer shall execute the Contract Documents and furnish the required bonds within 10 calendar days of receipt of notification of Acceptance of Tender. Failure by the successful Tenderer to meet the above requirements will entitle the Authority to cancel the award of the Contract and to retain the tender deposit as compensation for damages sustained due to the successful Tenderer's default. The Authority may then award the Contract to one of the other Tenderers or take such other action as it chooses. 11. COMMENCEMENT OF WORK The successful Tenderer shall commence work at the site within 7 calendar days of the official commencement date as specked in the written order issued in accordance with GC7.01.02 of the General Conditions. 12. LOCATION The work is located at the following locations: PART "A" - Walkway from Robert Adams Drive to Whittaker Avenue, Courtice PART "B" - Glenabbey Parkette, Glenabbey Drive to east limit of Parkette (85 m), Courtice PART "C" - Trulls Road, Avondale Drive to 220 in south, Courtice PART "D" - Solina Road, Hwy. 2 to 400 in south PART "E" - Baseline Road, 30 in west of West Side Drive to Martin Road, Bowmanville PART "F" - Mearns Avenue, Concession Street to 75 in north of Sprucewood Crescent (north leg), Bowmanville t INSTRUCTIONS TO TENDERERS CONTRACT NO. CL2001-40 4. 13. TENDERERS TO INVESTIGATE Tenderers must satisfy themselves by personal examination of the site and by such other means as they may prefer as to the actual conditions and requirements of the work. The Tenderer shall carefully examine all plans and specifications so that the unit prices tendered are commensurate with the nature of the work. It shall be the Contractor's responsibility to thoroughly inspect the site of the proposed works, determine the location of any buried or obstructing services and make satisfactory arrangements for interference with such service with the proper jurisdictional agency. 14. INQUIRIES DURING TENDERING 1 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. or Will McCrae, P.Eng. 15. AWARD OF THE CONTRACT The award of this Contract is subject to approval of the Municipality of Clarington Council. 16. DEFINITION OF OWNER/AUTHORITY AND ENGINEER/CONTRACT ADMINISTRATOR ' Wherever the word "Owner" or "Authority" or "Corporation" appears in this Contract, it shall be interpreted as meaning the "Corporation of the Municipality of Clarington". Wherever the word "Ministry", "M.T.C." or "M.T.O" appears it shall be deemed to mean the "Ministry of Transportation, Ontario" or the "Corporation of the Municipality of Clarington. Wherever the word "Contract Administrator" or "Engineer" appears in this Contract it shall be deemed to mean the Consultants, TSH, or such other officers, as may be authorized by the Authority to act in any particular capacity. 17. ADDENDA ' The Contractor shall ensure that all addenda issued during the tendering period are attached as part of the submitted bid. Failure to do so will result in disqualification of the bid. r INSTRUCTIONS TO TENDERERS CONTRACT NO. CL200140 5. 18. UTILITIES For additional information regarding existing utilities the Contractor may contact the following personnel: Ontario Hydro: Mr. Jim Hisson Enbridge Gas: Ms. Danielle Grbic Tel: 905-623-1071 Tel: 800-361-0621 Ext. 3318 Ext: 2609 Bell Canada: Mr. Mark Clarey Cable TV: Ms. Cindy Ward Tel: 905-433-3632 Tel: 905-436-4138 Veridian Connections: Mr. Terrance Butler Tel: 888-420-0070 Ext: 4308 i 1 1 i t 1 1 CORPORATION OF THE MUNICIPALITY OF CLARINGTON i CONTRACT NO. CL200140 i 1 1 1 1 i 1 SPECIAL PROVISIONS - GENERAL rp/29054/Specs/18852.wpd INDEX SPECIAL PROVISIONS-GENERAL CONTRACT NO. CL2001-40 CLAUSE SUBJECT PAGE I. PLAN QUANTITY ITEMS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 2. GUARANTEED MAINTENANCE 1 3. CONTRACT TIME AND LIQUIDATED DAMAGES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 ' 4. CONTRACTOR'S AUTHORIZED REPRESENTATIVE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 5. OPS GENERAL CONDITIONS 3 6. LAYOUT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 7. LABOUR CONDITIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 8. RESTRICTIONS ON OPEN BURNING 8 9. SUPPLY OF MATERIALS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 10. PAYMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 11. UTILITIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 12. TRAFFIC CONTROL, FLAGGING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 13. CONTRACTOR'S SUPPLY OF CONSTRUCTION SIGNS . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 ' 14. CONSTRUCTION SEQUENCE AND MAINTENANCE OF TRAFFIC . . . . . . . . . . . . . . . . . . . . 10 15. EMERGENCY AND MAINTENANCE MEASURES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 16. MANAGEMENT AND DISPOSAL OF EXCESS MATERIAL . . . . . . . . . . . . . . . . . . . . . . . . . . 11 17. OCCUPATIONAL HEALTH AND SAFETY ACT 1991 - DESIGNATED SUBSTANCES . . . . . . . . 12 18. WORKPLACE HAZARDOUS MATERIAL INFORMATION SYSTEM (WHMIS) . . . . . . . . . . . . . 13 19. SPILLS REPORTING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 20. APPLICABLE STANDARD SPECIFICATIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 21. COMPLIANCE WITH THE OCCUPATIONAL HEALTH AND SAFETY ACT . . . . . . . . . . . . . . 14 22. GOVERNMENTAL REQUIREMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 23. ENGINEERING ARBITRATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 24. STORAGE AREAS . . . . . . . . . . . . . . 15 25. CONSTRUCTION LIEN ACT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 26. PROPERTY OWNER'S RELEASE OF PRIVATELY OWNED LAND USED BY THE CONTRACTOR . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 1 ' PAGE ONE SPECIAL PROVISIONS - GENERAL ' CONTRACT NO. CL2001-40 1. PLAN QUANTITY ITEMS ' Measurement for payment of the items designated (P) in the itemized bid is by plan quantity, as may be revised by adjusted plan quantity. 2. GUARANTEED MAINTENANCE Section GC7.15.02 of the General Conditions is revised in that the Contractor shall guarantee and maintain the entire work called for under this Contract for a period of twenty-four (24) ' .months. The Contractor shall make good in a permanent manner, satisfactory to the Authority, any and all defects or deficiencies in the work, both during the construction and during the period of maintenance as aforesaid. The Contractor shall commence repairs on any work identified as defective under this clause within 48 hours of receipt of notice from the Authority or the Contract Administrator. ' The decision of the Authority and the Contract Administrator shall be final as to the necessity for repairs or for any work to be done under this Section. i 3. 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 Monday, December 3, 2001 and the Contractor shall diligently prosecute the work on this contract to completion on or before the expiration of thirty (30) 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 SPECIAL PROVISIONS-GENERAL CONTRACT NO. CL2001-40 2. ' prices bid for the various items of work and no additional compensation will be allowed therefore. Working days shall be charged until the date of completion of the work as set out in the Certificate of Completion issued in accordance with GC8.02.03.06. Working days will not be charged during "waiting period" for delivery of lights and appurtenances. "Waiting period" is defined as the time between shop drawing approval and ' delivery of lights and appurtenances (complete) to the Contractor. (3) Working Day ' Working Day as defined in GC1.04 is modified by the addition of the following under Paragraph(a): Except any day from .................N/A..................... 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. SPECIAL PROVISIONS-GENERAL ' CONTRACT NO. CL200140 3. ' 4. CONTRACTOR'S AUTHORIZED REPRESENTATIVE Authorized representative as referenced in GC7.01.07 is defined as an employee of the Contractor. ' 5. OPS GENERAL CONDITIONS ' Wherever in this Contract reference is made to the General Conditions, it shall be interpreted as meaning the OPS General Conditions of Contract, September 1999. ' 6. LAYOUT Section GC7.02, Layout, is hereby revised by the deletion of Parts 03), 04), 05), and 06), and by the addition of the following: ' The Contract Administrator shall lay out and establish the primary alignment and grade controls necessary for construction. The Contractor shall provide the Contract Administrator with sufficient advance notice of his requirements to permit appropriate scheduling of the layout work. ' The layout performed by the Contract Administrator shall be sufficient to permit construction of the work by the Contractor in compliance with the Contract Documents, but shall not relieve the Contractor of his responsibility for the provision of qualified personnel and normal tools of the ' trade, as necessary for the transfer or setting of the secondary lines and grades from the primary controls provided. Tools of the trade are interpreted to include but not necessarily be limited to hand and line levels, boning rods, tape measures, lasers, etc. 7. LABOUR CONDITIONS ' General This Special Provision is to be read in conjunction with Section GC8.02.06, Payment of Workers, of the General Conditions of the Contract and is subject to The Industrial Standards Act, The Employment Standards Act, 2000 (ESA) and the regulations made thereunder. The wage rates set out in the Roads and Structures Fair Wage Schedule are subject to change periodically. Any increase in costs incurred by a change in the wage rates shall be borne by the Contractor. Definitions For the purposes of this Special Provision, t (a) "regular rate" means, (i) the hourly rate paid to an employee for their normal non-overtime work week, or; SPECIAL PROVISIONS-GENERAL CONTRACT NO, CL200140 4. ' (ii) in the case of an employee to whom sub-clause (i) does not apply, the amount obtained by dividing their total earnings for the week by the number of hours they worked in the ' week. (b) "work on roads" means the preparation, construction, finishing and construction maintenance of roads, streets, highways and parking lots and includes all work incidental thereto other than work on structures; and; (c) "work on structures" means the construction, reconstruction, repair, alteration, remodelling, renovation or demolition of any bridge, tunnel or retaining wall and includes the preparation for and the laying of the foundation of any bridge; tunnel or retaining wall and the installation ' of equipment and appurtenances incidental thereto; provided, however, that the Minister of Labour, Ontario may at his/her sole discretion determine ' whether any particular work is to be classified as work on roads or as work on structures and such decision may be made notwithstanding the definitions herein contained. Hours of Work and Wages The regular work week for person employed on work on roads being done under this Contract t� P g or any other Contract subject to these or similar labour conditions shall not exceed 55 hours and ' all time worked by such person in excess of 55 hours a week shall be overtime except that part of the hours of work in excess of 55 hours a week which together with the hours worked in the preceding week do not exceed 55 hours in that preceding week. But, in no case shall the number of hours that can be included in the hours of work for that preceding week exceed 22 hours. The regular work week for a person employed on work on structures being done under this Contract or any other Contract subject to these or similar labour conditions shall not exceed 50 hours and all time worked by such person in excess of 50 hours a week shall be overtime except that part of the hours of work in excess of 50 hours a week which, together with the hours worked in the preceding week do not exceed 50 hours in that preceding week. But, in no case shall the number of hours that can be included in the hours of work for that preceding week exceed 22 hours. ' Every person employed by the Contractor or a sub-contractor or other person to do any part of the work contemplated by this Contract shall be paid while employed on such work at not less ' than the wage rate set out in the Roads and Structures Fair Wage Schedule for the appropriate classification of such work or not less than such other wage rates as, during the continuance of the work, are fixed by the Minister of Labour, Ontario, for hours of work that are not overtime and shall be paid one and one half times his/her regular rate for all hours of work that are overtime. Notwithstanding that a Contractor pays wages in excess of the wage rates set out in the Roads and Structures Fair Wage Schedule, he shall not, in computing overtime wages payable to an employee, set off against such overtime wages any part of the wages earned by the employee in respect of their regular work period. i 1 SPECIAL PROVISIONS-GENERAL CONTRACT NO, CL2001-40 5. Where a person is working on more than one Contract that is subject to these conditions, including any municipal Contract that contains similar labour conditions, the regular work week ' and the entitlement to overtime for that person shall be based upon the total hours worked on all such Contracts and if, on this basis, overtime is worked on this Contract the Contractor shall pay such person at the overtime rate and no waiver by that person of this entitlement to overtime wages and no interposition of a third party by way of an employment agency or as the nominal employer of that person shall relieve the Contractor of his/her obligation to pay that person the overtime wages. Decisions by Minister of Labour Where there is no appropriate classification set out in the Roads and Structures Fair Wage Schedule for any particular class of work, the Minister of Labour, Ontario, may designate or establish the appropriate classification and the wage rate. The Contractor, upon receipt of notice of any decision of the Minister of Labour, Ontario, made under this Contract, shall immediately adjust the wage rates, hours and classification of work so as to give the effect to such decision. Fair Wage Schedule The Contractor shall make applicable to this Contract and post, in accordance with Section GC7.11 of the General Conditions of the Contract, the current edition of the Ontario Ministry of Labour's Roads and Structures Fair Wage Schedule and any amendments thereto. Contractor to Keep Records Which are to be Open for Inspection The Contractor shall keep proper books and records showing the names, trades, addresses and hourly wage rates of all workers in his/her employ or employed on this Contract through an employment agency and the wages paid to and time worked by such workers both at regular wage rates and at overtime wage rates, and the books or documents containing such records shall be open for inspection by officers of the Government at any time it may be expedient to the Minister of Labour to have the same inspected. Ministry Requirements Before Payments Made to Contractor The Contractor shall from time to time upon request furnish the Ministry with such detailed information and evidence as may be required in order to establish that these labour conditions have been complied with not only by him/her but by any sub-contractor or other person doing any 1 part of the work contemplated by the Contract. SPECIAL PROVISIONS-GENERAL CONTRACT NO. CL200140 6. Off Site Work The Labour Conditions are intended for application primarily to work on the Contract site. Work that is carried out on sites that are not in the immediate vicinity of the Contract site or that are not used exclusively for the purposes of Contracts including Municipal Contracts, containing similar labour conditions will not be subject to the Labour Conditions. Training Period for Equipment Operators (a) Employees, other than students, learning to operate equipment are classified as "Apprentice Equipment Operators" during, (i) their first three months operating equipment which does not require a licensed operator; or (ii) their first 18 months operating equipment which requires a licensed operator. (b) The wages for apprentice equipment operators are as follows: Windsor Zone The wage rate for Cement Improver Hamilton Zone The wage rate for Asphalt Raker Toronto Zone The wage rate for Asphalt Raker Ottawa Zone The wage rate for Skilled Labourer Provincial Zone The wage rate for Skilled Labourer. Pile Driver Employees other than an operator are to be classified as "Pile Driver Men" and shall be entitled to the wage rate for"Labourer" - Structure Section. Servicing of Equipment by Operator "On Site" The Operator shall be entitled to his/her wage rate for the work in accordance with the terms of the "Special Provisions - Labour Conditions." Travelling Time Travelling time will not be subject to the Fair Wage Schedule. The hours and wages or monies paid for travelling time are to be deleted from the wage record of an employee in computing his/her wage entitlement. SPECIAL PROVISIONS-GENERAL CONTRACT NO. CL2001-40 7. Gravel and Chip Spreader-Provincial Zone Employees engaged in this classification of work shall be paid the wage rate of Equipment and Maintenance Operator, Group 'B'. Room and Board Allowance The amount of room and board allowance will be negotiated between the employer and employee but in no case will the net amount of wages due to an employee be less than such wages an employee in General Construction work would receive at the minimum wage and overtime at one and one-half times that rate for hours worked in excess of forty-four a week and the maximum deduction for Room and Board per week as allowed by Regulation under the Employment Standards Act. Farm or Industrial Tractors with Attachments The attachment must be power operated and be an integral part of the tractor. Wage Rates for Students (a) Students employed as FLAGPERSONS or WATCHPERSONS shall be entitled to the wage rate for these classifications. (b) Students performing work in positions that are classified in the Fair Wage Schedule, other than FLAGPERSONS or WATCHPERSONS, shall be entitled to receive the student rate, notwithstanding the rate set out in the Schedule for the classification applicable to the work. (c) Students employed for more than three months in a classified position shall then be entitled to the wage rate for that classification. (d) Students performing work in positions that are not classified in the Fair Wage Schedule shall be entitled to receive the student rate, regardless of the location of the Contract. SPECIAL PROVISIONS-GENERAL CONTRACT NO. CL200140 8. 8. RESTRICTIONS ON OPEN BURNING Open fires will not be permitted within the limits of this Contract. Brush and debris may as an alternative to burning, be disposed of outside the Contract Limits and in compliance with the requirements specified elsewhere for Management and Disposal of Excess Material. 9. SUPPLY OF MATERIALS All materials necessary for the proper completion of the work shall be supplied by the Contractor, except as specifically noted, and the payment provided in the Contract shall be deemed to include full compensation for the supply of such materials. Materials listed in OPSS 128 and as amended from time to time, shall be supplied only from sources designated in the Ministry of Transportation Manual of Designated Sources for Materials. Amendment to OPSS 128 Section 128.05.02 of OPSS 128 is amended in that the list of materials to be supplied from designated sources is revised: (1) By the deletion of the followine: 6.85.25 Flasher Beacon, Aluminum(121.310) 9.20.10 Coal Tar Epoxy (2) By the addition of the followin¢: 9.20.10 (Structural Steel) Coal Tar Epoxy 9.20.15 (Structural Steel) Coal Tar Epoxy 10. PAYMENTS Except as herein provided, payments under this Contract will be made in accordance with Section GC8.02.03 of the General Conditions. Notwithstanding the provisions of the General Conditions respecting certification and payment, the Authority may withhold 21h percent of the total value of work performed beyond the expiration of 45 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% 1 to 2-1/2%, the Contractor shall supply a Statutory Declaration as deemed in GC8.02.03.07 03)(b) and advertise the Certificate of Substantial Performance per GC8.02.03.04(03). SPECIAL PROVISIONS-GENERAL CONTRACT NO, CL2001-40 9. The Completion Payment Certificate to include statutory holdback release, will be issued within 120 days after the date for completion as specified under GC1.06. The date for interest due to late payment shall commence following 180 days after the date of completion of the work. As a condition of the final holdback payment, the Contractor shall provide the required Property Owner's Releases as specified elsewhere, as appropriate. The Contractor shall include in his price for the publication of the Certificate of Substantial Performance. Publication is mandatory whether Contractor requests Substantial Performance or not. The Contractor is advised that the Authority may withhold payment on Interim and Holdback Release Certificates up to 30 calendar days from the date of receipt of the executed Payment Certificates. 11. UTILITIES Sections GC2.01 and GC7.12 02)of the General Conditions are deleted in their entirety and are replaced by the following: The Contractor shall be responsible for the protection of all utilities at the job site during the time of construction. The Authority will be responsible for the relocation of utilities where required. However, no claims will be considered which are based on delays or inconvenience resulting from the relocation not being completed before the start of this Contract. The location and depth of underground utilities shown on the Contract drawings, are based on the investigations made by the Authority. It is, however, the Contractor's responsibility to contact the appropriate agencies for further information in regard to the exact location of all utilities, to exercise the necessary care in construction operations and to take such other precautions as are necessary to safeguard the utilities from damage. 12. TRAFFIC CONTROL, FLAGGING Flagging for traffic control on this Contract shall be in conformance with the procedure outlined in the pamphlet entitled "Correct Methods for Traffic Control" issued by the Construction Safety Associations of Ontario. Copies of this pamphlet may be obtained by request from the Ministry of Transportation's District Office. Each flagman shall, while controlling traffic, wear the following: (i) an approved fluorescent blaze orange or fluorescent red safety vest, and SPECIAL PROVISIONS-GENERAL CONTRACT NO. CL200140 10. (ii) an approved fluorescent blaze orange or fluorescent red armband on each arm, and (iii) an approved fluorescent blaze orange or fluorescent red hat. 13. CONTRACTOR'S SUPPLY OF CONSTRUCTION SIGNS In accordance with Section GC7.06 of the General Conditions, the Contractor is responsible for the supply, erection, maintenance and subsequent removal of all temporary traffic controls, including signs, lights, barricades, delineators, cones, etc., required on the work. Traffic controls shall be provided in general accordance with the latest edition of the "Manual of Uniform Traffic Control Devices", Division 5. As a minimum requirement and without restricting the Contract Administrator or the Authority in requiring further controls, the following signs shall be supplied for each Part: lniar» ::»::>::>::>: T _>< < TC-1 CONSTRUCTION AHEAD 2 TC-41A CONSTRUCTION ZONE BEGINS 2 TC-41B CONSTRUCTION ZONE ENDS 2 Traffic controls shall be operational before work affecting traffic begins. 14. MAINTENANCE OF TRAFFIC The Contractor must submit a work schedule indicating traffic maintenance procedures for approval by the Contract Administrator prior to commencement of work. It is understood that implementation of traffic controls will require ongoing review and adjustment to suit construction operations. No deviation from the approved procedure will be allowed except with the approval of the Engineer. Notwithstanding the preceding, the Contractor shall at all times maintain two lanes for through traffic (one lane in each direction), within the contract limits in a condition satisfactory to the Engineer and such that any emergency vehicles may have immediate access to any building located within the limits of this Contract. The Contractor shall be responsible for all signing at the contract limits and within the contract limits. The Contractor shall ensure the signing is properly maintained while in use. No road closures will be permitted SPECIAL PROVISIONS-GENERAL CONTRACT NO. CL200140 11. 15. EMERGENCY AND MAINTENANCE MEASURES Whenever the construction site is unattended by the general superintendent, the name, address and telephone number of a responsible official of the contracting firm, shall be given to the Contract Administrator. This official shall be available at all times and have the necessary authority to mobilize workmen and machinery and to take any action as directed by the Contract Administrator in case emergency or maintenance measures are required regardless whether the emergency or requirement for maintenance was caused by the Contractor's negligence, act of God, or any cause whatsoever. Should the Contractor be unable to carry out immediate remedial measures required, the Authority will carry out the necessary repairs, the costs for which shall be charged to the Contractor. 16. MANAGEMENT AND DISPOSAL OF EXCESS MATERIAL The requirements of OPSS 180 shall apply to this Contract, revised as follows: 1 Section 180.03, Definitions, shall be amended by the addition of the following: Work area: means the road allowance, right-of-way, and property with a boundary common to the road allowance or right-of-way within the Contract limits. .2 Subsection 180.07.02, Conditions on Management by Re-Use, shall be amended by the addition of the following: Recycled hot mix asphalt or excess bituminous pavement shall not be used as trench backfill or bedding. r T ho form to tic used Mith Ontario Provinctal Standard Spcaficatton 180 SITE SELECTION NOTIFICATION FOR MANAGEMENT AS DISPOSABLE FILL Conlnact Injornurtion Contract Not Owner. The following describes the notification process between the Owner of the Contract and the Contractor. wherein the Contractor formally notifies the Owner that agreement has been reached with a third party property owner for the disposition of Contract generated excess material. Such excess material, managed as disposable fill shall be limited to one of or a combination of•earth;aggregate;swamp material; rock;natural wood and debris from open Gres,provided the conditions on management are satisfied. Sue Injormatiovs Property Owner(s)for the subject property. The subject property: Lot .Concession .Township of CountyAtegaVDistrict of .Ouantity and Type of E=ess Material used as This is to notify you. as Owner, that permission has been obtained from the property owners) named herein for the management of c=ess materials from this Contract. The property owner has also been provided with a copy of this form and has been advised that a Property Owner's Release Form,OPSF 1803.,wtl be required The use of this management site will comply with the following: Goruff ow on Managawew Bituminous pavement,concrete,masonry,wood which has been treat4 coated or glued,and metal,plastic,and polystyrene products will not be aompted for management as disposable 611. Swamp material managed as disposable 68-wpi be top covered by a mialmi m of 300 mm of earth or topsoil Swamp material managed as disposable M may only be placed: a. a minimum of 2 m above the level of groundwater. b. a minimum of 30 m from water bodies; C. a minimum of 100 m koom any water wells;and d a minimum of 100 m from r+eddenoes. These conditions do not supersede any constraints imposed on this property by Federal,Provincial or Municipal statute or regulations and bylaws made thereto. ' Dated this day of 19_ Print Contractor's Name & Field Representative's Name Contractor's Field Representative signature Property Owner(s)Signature(s) cc: Contract Administrator.Property Owner's).Contracts OPSF 1800 December 1993 Ontario Prnrvinriat Ctandard Form This form to be used with Ontario Provincial Standard Specification 180 SITE SELECTION NOTIFICATION FOR MATERIALS STOCKPILING Conftet Infomotran Contract No. Owner. The following describes the notification process between the Owner of the Contract and the Contractor. wherein the Contractor formally notifies the Owner that agreement has been reached with a third party property owner for the stockpiling of Contract generated excess material.Such excess material,stockpiled for re-use. may be one of or a combination ot: earth; aggregate; swamp material; rock: concrete; masonry; bituminous pavement; natural wood; metal,plastic.and polystyrene;wood which has been treated.coated or glued and debris from open fires, provided the conditions on management are satisfied. Silt Womotion Property Owner(s)for the subject property. The subject property. Lot .Corcessior .Taxnship of County/Region/Disttict .Quantity and Type of Excess Material stockpiled: This is to notify you,as Owner, that permission has been obtained from the property owner(s) named herein for the management of excess materials from this Coauaa. The property owner has also been provided with a copy of tbb form and has been advised that a Property Owner's Release Form,OPSF 1803,will be rcgWmd.The use of this management site wM compty with the following: Conditibm on 1Kanagcmeet ' It is understood that materials are stockpiled to be w used or held for disposal at a eertMod waste disposal site.Stockpiles of natural wood,manubmured wood,deb&from opal Aces and Swamp material may ody be located: a. a mlaimum of 2 m above the level of ground grater. b. a miaimum of 30 m from water bow G a minimum of 100 m from any water wellfi and d. a minimum of 100 m from residenoes. Stockpiles of bituminotu pavement,concrete and masonry may only be located: a. a minimum of 30 m from water bow and b. a minimum of 100 m from residences unkss 1. on property with a boundary common to a fight-d-% y.within the contract omits,for a period rot exceeding 120 calendar days,or 2. such stockpiles are located within a provincial or municipal woks yard or in a commercially licensed pit or qumTy. These conditions do not supersede any constraints Imposed on this property by Federal,Provincial or Municipal statute or regulations and bylaws made thereto. Dated this day of 19 Print Contractor's Name do Field Representative's Name Contractor's Field Representative signature IProperty Owner(s)Signature(s) M Contract Administrator, Property Owner's),Contractor OPSF 1801 fXcemhcr 1991 Ontario Prcrvineiai Standard Form Th,s form to be used with Ontario Prowneral Standard Spearmauon 180 PROPERTY OWNER'S RELEASE Contract No. Work Description: I/We being the owner(s)of Lot .Concession Township of . and County/Region/District of verify that the Contractor for the above noted work has placed excess material from the above noted Contract on my/our property with my/our permission. I/We have been advised by the Contractor of the "Conditions on Management' described in OPS Forms 1800 or 1801."Site Selection Notification for Management as Disposable Fill.or'Site Selection Notification for Materials StockptTing;respectiv*or both,and have been assured by the Contractor that these conditions have been met. Where materials are able managed as disposable M I/We agree to be responsible for any subsequent g P� relocation and management of the material so placed. Where materials are to be stockpiled.I/We agree that the stockpile(s)will be removed by the date(s) herein noted. Dated this day of 19 Print Contractor's Name & Feld Representative's Name Contractor's Feld Representative signature Property Owner(s) Signature(s) Copies to: Contract Administrator,Property Owner(s),contractor OPSF 1803 December 1993 Ontario Provincial Standard Form r rform to be uscd vAvh Ontario Pr(mncW Standard Spcartcatron 180 WASTE QUANTITY REPORT For Solid Non-hazardous Industrial and Commercial Waste Contract No. Contractor- Material Description Location of Disposal Site and Quantity of Materials Certificate of Approval Number r . r r - r r- r - r - i - 1 OPSF 1805 Oecemtxr 1993 Ontario Prowxiat Standard SPECIAL PROVISIONS-GENERAL CONTRACT NO. CL200140 12. 17. OCCUPATIONAL HEALTH AND SAFETY ACT 1991 -DESIGNATED SUBSTANCES In accordance with the requirements of Section 18a(1) of the Occupational Health and Safety Act, the Authority has determined that the designated substances as listed hereunder are present on the site and within the limits of this Contract. designated .1 endri *d va Sine Location ......:.............:.:...........::....................................::.................................................... ............................................................................................................................. .:Substance ...... Acrylonitrile No Arsenic No Asbestos No Benzene No Coke Oven Emissions No Ethylene Oxide No Isoc nates No Lead No Mercury No Silica No Vinyl Chloride No It is the responsibility of the Contractor to ensure that all sub-contractors performing work under P tY P g 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 and Energy at 7 Overlea Boulevard, Toronto, Ontario, M4H 1A8, of the location(s) proposed for disposal of Designated Substances. A copy of the notification shall be provided to the Contract Administrator a minimum of two weeks in advance of work starting. In the event that the Ministry of the Environment and Energy has concerns with any proposed I disposal location, further notification shall be provided until the Ministry of the Environment and Energy's concerns have been addressed. ' SPECIAL PROVISIONS-GENERAL CONTRACT NO. CL200140 13. All costs associated with the removal and disposition of Designated Substances herein identified, shall be deemed to be included in the appropriate tender items. Should a Designated Substance not herein identified be encountered in the work, then management of such substance shall be treated as Extra Work. 18. WORKPLACE HAZARDOUS MATERIAL INFORMATION SYSTEM (WHMIS) Reporting Prior to the commencement of work the Contractor shall provide, to the Contract Administrator, a list of those products controlled under WHMIS which he expects to use on this Contract. Related Material Safety Data Sheets shall accompany the submission. All containers used in the application of products controlled under WHMIS shall be labelled. tThe Contractor shall notify the Contract Administrator of changes to the list in writing and provide the relevant Material Safety Data Sheets. 19. SPILLS REPORTING ' Spills or discharges of pollutants or contaminants under the control of the Contractor, and spills or discharges of pollutants or contaminants that are a result of the Contractor's operations that cause or are likely to cause adverse effects shall forthwith be reported to the Contract Administrator. Such spills or discharges and their adverse effects shall be as defined in the Environmental Protection Act R.S.O. 1980. All spills or discharges of liquid, other than accumulated rain water, from luminaires, internally illuminated signs, lamps, and liquid type transformers under the control of the Contractor, and all spills or discharges from this equipment that are a result of the Contractor's operations shall, unless otherwise indicated in the Contract, be assumed to contain PCB's and shall forthwith be reported to the Contract Administrator. This reporting will not relieve the Contractor of his legislated responsibilities regarding such spills or discharges. 20. APPLICABLE STANDARD SPECIFICATIONS All work shall be completed in strict accordance with the requirements of Hydro One, Veridian Connections, the Canadian Electrical Code and Provincial Amendments. Ontario Provincial Standard Specifications (OPSS)governing the work of this Contract shall be as listed in the "Schedule of Tender Data", Section G, with the applicable date of issue as indicated for each Specification. ' SPECIAL PROVISIONS-GENERAL CONTRACT NO. CL2001-40 14. With the exception of OPSS 127 and 128, these Specifications shall remain in effect throughout the duration of this Contract, whether or not they be modified or re-issued by the responsible agency subsequent to the tender advertising date. The issues of OPSS 127 and 128 which are current at the time the work is performed or material furnished, shall govern. 21. COMPLIANCE WITH THE OCCUPATIONAL HEALTH AND SAFETY ACT Clause GC7.01.06 of the OPS General Conditions of Contract is deleted and replaced by the following: 06) The Contractor shall execute the terms of the Contract in strict compliance with the requirements of the Occupational Health and Safety Act, RSO 1990, c.0.1 (the Act) and ' Ontario Regulation 213/91 (Construction Projects) and any other regulations under the Act (the Regulations)which may affect the performance of the Work, as the Constructor or Employer, as the case may be. The Contractor shall ensure that: (a) worker safety is given first priority in planning, pricing and performing the Work; ' (b) its officers and supervisory employees have a working knowledge of the duties of a Constructor and Employee under the Act and the provisions of the Regulations applicable to the Work, and a personal commitment to comply with them; (c) a copy of the most current version of the Act and the Regulations are available at the Contractor's office within the Working Area, or, in the absence of an office, in the possession of the supervisor responsible for the performance of the Work; (d) workers employed to carry out the Work possess the knowledge, skills and protective devices required by law or recommended for use by a recognized industry association to allow them to work in safety; (e) its supervisory employees carry out their duties in a diligent and responsible manner with due consideration for the health and safety of the workers; and (f) all subcontractors employed by the Contractor to perform part of the Work and their employees are properly protected from injury while they are at the work place. (g) In order to comply with the Municipality of Clarington's "Contractor Safety - Policy and Procedures" the successful bidder shall prior to the award of the Contract execute the attached forms. 1. Contractor's Statement of Liability 2. Notification of Infraction 3. Health and Safety Practice Form- Schedule "A"' 4. Contractor Health and Safety Warning/Stop Work Order SCHEDULE (C) CONTRACTOR SAFETY POLICY AND PROCEDURE Continued... HEALTH AND SAFETY PRACTICE FORM SCHEDULE 'A" To Contractor(s): The Municipality of Clarington is committed to a healthy and safe working environment for all workers. To ensure the Municipal workplace is a healthy and safe working environment, contractors, constructors and subcontractors must have knowledge of and operate in compliance with the Occupational Health and Safety iAct and any other legislation pertaining to employee health and safety. In order to evaluate your company's health and safety experience, please provide the accidentrincident and/or Workplace Safety and Insurance Board (WSIB) information noted below,where applicable. 0 The New Experimental Experience Rating (NEER) -The WSIB experience rating system for non-construction rate groups ............................................................................................. a The Council Amended Draft#7(CA134) 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 e Has the contractor received any Ministry Minis of Labour warnings or orders in the last two years? Of 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.) l l 1 r SCHEDULE (C) CONTRACTOR SAFETY POLICY AND PROCEDURE Continued... CONTRACTOR'S STATEMENT OF RESPONSIBILITY As a contractor working for the Municipality of Clarington, I/we will comply with all procedures and requirements of the Occupational Health and Safety Act, Municipal safety policies, department and site specific policies and procedures and other applicable legislation or regulations. I/we will work safely with skill and care so as to prevent an accidental injury to ourselves, fellow employees and members of the public. 1. The contractor/successful tenderer certifies that it, its employees, its subcontractors and their employees, ' a) are aware of their respective duties and obligations under the Occupational Health and Safety Act, as amended from time to time, and all Regulations thereunder(the"Actl; and r - b) have sufficient knowledge and training to perform all matters required pursuant to this contractAender safely and in compliance with the Act 2. In the performance of all matters required pursuant to this contract/tender,the contractor/successful tenderer shall, ' a) act safely and comply in all respects to the Act, and b) ensure that its employees, it subcontractors and their employees act safely and complying all respects with the Act 3. The contractor/successful tenderer shall rectify any unsafe act or practice and any non- ' compliance with the Act at its expense immediately upon being notified by any person of the existence of such act, practice or non-compliance. 4. The contractor/successful tenderer shall permit representatives of the Municipality and the Health and Safety Committee on site at any time or times for the purpose of inspection to determine compliance with this contractor/tender. ' 5. No act or omission by any representative of the Municipality shall be deemed to be an assumption of any of the duties or obligations of the contractor/successful tenderer or any of its subcontractors under the Act. 6. The contractor/successful tenderer shall indemnify and save harmless the Municipality, r 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, 1 1 r ,SCHEDULE (C) CONTRACTOR SAFETY 'POLICY AND PROCEDURE Continued... b) against any action or claim, and costs related thereto, brought against the Municipality by any person arising out of any unsafe act or practice or any non-compliance with the Act by the contractor/successful tenderer or any of its employees, its subcontractors or their employees in the performance of any matter required pursuant to this contract/tender, and c) from any and all charges,fines, penalties, and costs that may be incurred or paid by the Municipality(or any of its council members or employees) shall be made a party to any charge under the Act in relation to any violation of the Act arising out of this contract/tender. Contract Name of Person Signing for Ctractor Sig ntract 'bate I EPCHEDULE (C) ONTRACTOR SAFETY DATE &TIME OF INFRACTION: DESCRIPTION OF INFRACTION INCLUDING LOCATION: ORDER GIVEN BY MUNICIPALITY: DID THE CONTRACTOR COMPLY WITH THIS ORDER? DATE&TIME OF COMPLIANCE: ISSUED TO: CONTRACTOR'S EMPLOYEE TITLE ISSUED BY: MUNICIPAL EMPLOYEE, DEPARTMENT TITLE PART"C"-ADDITIONAL COMMENTS THIS SECTION IS TO BE USED INTERNALLY TO RECORD ADDITIONAL COMMENTS SUBSEQUENT TO ISSUING THE WARNING/STOP WORK ORDER, I.E. DATE AND TIME WORK RESUMED, FURTHER ACTION TAKEN, ETC. SCHEDULE (C) CONTRACTOR SAFETY ' POLICY AND PROCEDURE Continued... Schedule"B" CONTRACTOR HEALTH AND SAFETY WARNING/STOP WORK ORDER ' The purpose of this form is to: (Issuer to check one of the following) _ Provide warning to the contractor to immediately discontinue the unsafe work practice described below _ Direct the contractor to immediately cease all work being performed under this contract due to the ' unsafe work practice described below. FAILURE TO COMPLY WITH THIS WARNING/STOP WORK ORDER SHALL CONSTITUTE A BREACH OF ' CONTRACT. PART"A"- DETAILS OF CONTRACT CONTRACT/P.O.# DESCRIPTION: E E OF FIRM: ' PART"B"- DETAILS OF INFRACTION (TO BE COMPLETED BY ISSUER) i i i 1 1 SPECIAL PROVISIONS-GENERAL CONTRACT NO, CL2001-40 15. ' (h) The Municipality will retain the right to document contractors for all health and safety warnings and/or to stop any contractors' work if any of the previously mentioned items ' are not in compliance. Similarly, the Municipality or designate will have the right to issue warnings and/or to stop work if there are any violations by the contractor of the Occupational Health and Safety Act, Municipal Health and Safety programs, policies, rules, and/or if the contractor creates an unacceptable health and safety hazard. Written warnings and/or stop work orders can be given to contractors using Contractor Health and Safety Warning/Stop Work Order Form(Schedule 'B)". The Contractor shall provide the Owner with a copy of its health and safety policy and program at the pre-start meeting, and shall respond promptly to requests from the Owner for confirmation that its methods and procedures for carrying out the Work comply with the Act and Regulations. ' The Contractor shall cooperate with representatives of the Owner and inspectors appointed to enforce the Act and the Regulations in any investigations of worker health and safety in the performance of the Work. The Contractor shall indemnify and save the Owner harmless from any additional expense which the Owner may incur to have the Work performed as a result of the Contractor's failure to comply with the requirements of the Act and the Regulations. 22. GOVERNMENTAL REQUIREMENTS ' The Contractor shall obey all Federal, Provincial and Municipal laws, Acts, Ordinances, Regulations, Orders-in-Council and By-laws, which could in any way pertain to the work outlined in the Contract or to the Employees of the Contractor. Without limiting the generality of the foregoing, the Contractor shall satisfy all statutory requirements imposed by the Occupational ' Health and Safety Act and regulations made thereunder on a contractor, a constructor and/or an employer with respect to or arising out of the performance of the Contractor's obligations under ' this Contract. 23. ENGINEERING ARBITRATION The Contractor's attention is drawn to Clause GC3.15 of the General Conditions of Contract. In the event that dispute cannot be resolved by negotiation, arbitration procedures will be followed in ' this Contract. All parties shall agree to binding arbitration to resolve outstanding claims. ' 24. STORAGE AREAS Clause GC3.06.01 of the General Conditions of Contract is amended by the addition of the following: The use of the road right-of-way as a long term storage area is not allowed under this Contract. The storage of materials and movement of equipment will only be allowed for normally accepted construction practices. SPECIAL PROVISIONS-GENERAL CONTRACT NO. CL2001-40 16. ' 25. CONSTRUCTION LIEN ACT ' The Contractor shall give the Authority notice in writing, immediately, of all lien claims or potential lien claims coming to the knowledge of the Contractor or his agents. When a claim for lien is filed by a Subcontractor, labour or material supplier or equipment renter ' acting under the Contractor, and proceedings are commenced by the Authority to vacate the lien, the Contractor agrees and shall forthwith pay to the Authority, in addition to their reasonable legal fees therefore, all interest costs and expenses incurred by the Authority and an additional ' sum equal to ten percent (10%) of the sum found to be owing as liquidated damages, and such remedy shall be in addition to any other remedy available to the Authority under the Contract Documents. ' Where any lien claimant asks from the Authority the production for inspection of the Contract Documents or the state of the accounts between the Authority and the Contractor, the Contractor ' shall be liable for an administration fee of Two Hundred Dollars ($200.00) for each request made as compensation for the preparation of such accounting or for the preparation of the Contract, or 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. r i SPECIAL PROVISIONS-GENERAL CONTRACT NO, CL2001-40 17. ' 26. PROPERTY OWNER'S RELEASE OF PRIVATELY OWNED LAND USED BY THE CONTRACTOR Upon completion of the Contract, the Contractor shall provide the Authority with two (2) copies of a form of release signed by each property owner, upon whose land he has entered for purposes associated with the Contractor's operations but not for the purpose of undertaking works stipulated in the Contract: Date ....................... To: Mr. S.A. Vokes, P.Eng., Director of Engineering Services Corporation of the Municipality of Clarington Municipal Administration Centre, 40 Temperance Street BOWMANVILLE, Ontario L1C 3A6 ' Re: Contract No. CL2001-40 ' 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. MUNICIPALITY OF CLARINGTON CONTRACT NO. CL2001-40 SPECIAL PROVISIONS - TENDER ITEMS ' P/29054/Specs/18853.doc PAGE ONE SPECIAL PROVISIONS -TENDER ITEMS CONTRACT NO. CL2001-40 Polypipe Ducts Direct Buried-Item No. BI and Fl Rigid Ducts Surface Mounted-Item No. B2 Amendment to OPSS 603, March 1993 Ducts direct buried for lighting cables shall be 50 mm polypipe ducts. After installation, the duct shall be cleaned of loose material and free of obstructions. A 3/8 inch polypropylene rope shall be placed in the duct and the duct suitably capped at each end to prevent ingress of foreign material. Ducts shall be direct buried and be placed a minimum of 450 mm and a maximum of 900 mm below finished grade. The trench bottom shall be shaped and uniformly graded to give continuous support throughout the entire length of duct. Lengths of duct shall be connected using couplings suitable to the size and type of duct supplied. Item B2 requires the Contractor to place and secure pedestrian rigid duct on the top of steel cross members of a pedestrian bridge (maximum height above grade = 2.4 mt). This process will require the Contractor to lift the existing deck grating, place the duct and re-secure the grating (currently bolted down) Payment at the contract price for these Tender Items shall be full compensation for earth excavation, disposal of surplus or unsuitable material backfill, bedding, compaction, connections and all mechanical support and mounting equipment required regardless of the size and number of ducts. Such payment shall include compensation for removal and trimming of pavement, sidewalk, curb and gutter and sod as required and restoration work in kind where such work is not included in other Tender Items. All disturbed areas must be restored in kind. Item quantity reflects horizontal measurements from center of pole or structure to the next pole or structure (as per OPSS 604). Low Voltage Cables. in Duct-Item No. Al, B3 and F3 Low Voltage Cables, on Messenger Cable-Item No. F4 Steel Messenger Cable. Aerial-Item No. F2 The cables from the power supply to the handhole shall be two single conductor#4 AWG RWU90 Istranded Cu c/w#6 AWG RWU90 insulated copper ground. Cables are to be inserted into poles via the pole base or cable access ports. Connect ground wires to internal pole ground lug. Compression type tap or approved "Wire-Nut" type connectors are to be used for all connections and the service cable shall not be cut if it is to continue on to another light. All connections to ground and to the luminaire conductors are to be made at the handhold and taped or otherwise insulated after installation. SPECIAL PROVISIONS-TENDER ITEMS CONTRACT NO.CL2001-40 2. Where poles are not in place at the time of street light cable installation, the end of the cable shall be coiled and staked at the intended pole location with adequate cable to make connection at handhole. Where the cable is to continue on to another light, the cable shall be looped and not cut. Payment at the contract price for these Tender Items shall be full compensation for all labour, equipment and materials required to do the work regardless of size and number of conductors in the cable. All disturbed areas must be restored in kind. Item quantity reflects horizontal measurement from centre of pole or structure to next pole or structure (as per OPSS 604). Special Provision 604S01 Amendment to OPSS 604 dated September 1993 604.07.07 Quality Control 604.07.07.01 General 1. Sub-section 604.07.07.01 is amended by the addition the following: Pre-installation Testing and Inspection The Contractor shall inspect the cables, splicing and connection components prior to installation to ensure that they meet the requirements of the contract. Proof of Performance Testing and Inspection The Contractor shall ensure that all cables are installed, tested and spliced as indicated in the contract and that all cables are energized and in working order. The inspection, testing, and test results (responsibility of the Contractor), shall be certified by the Engineer. The Engineer shall certify that the work has been inspected and tested, and that the material and installation are in general conformance with the requirements of the contract. Ground Wires-Item No. A2, B4 and F5 Ground Electrodes -Item No. A3, B5 and F6 Amendment to OPSS 609 dated June 1991 t609.07.01.05 Ground Wire Connectors Subsection 609.07.01.05 of OPSS 609 is amended in that the second paragraph is deleted and replaced with the following: Molded type ground connectors shall be used at pad mounted electrical-electronic equipment, power supply locations and all locations where the ground connectors are directly buried or inaccessible. SPECIAL PROVISIONS-TENDER ITEMS CONTRACT NO.CL2001-40 3. 609.09.01.01 Ground Wires Subsection 609.09.01.01 of OPSS 609 is amended in that the word "on" is changed to "or" in the phrase "... of the duct or trench, on open surfaces...". Removal of Electrical Equipment-Item No. F7 Amendment to OPSS 610 dated September 1984 610.07.17.04 Shipping of Salvaged Equipment Clause 610.07.17.04 amended by the addition of the, following: The following equipment shall be salvaged and delivered to the Municipality of Clarington Hampton Works Yard. (2) Luminaires and Brackets 610.10.01 Payment Subsection 610.10.01 is amended by the addition of the following: ' "Compensation for costs associated with the removal, salvage and transportation requirements of pe g Po 610.07.05 shall be deemed to be included in the contract prices for those items requiring the work. Supply Control Cabinet Assemblies-Item No. A6 and F8 Amendment to OPSS 614 dated June 1991 614.05.03 Supply Control Cabinet Assembly ' Subsection 614.05.03 of OPSS 614 is amended in that the first paragraph is deleted and replaced with the following: The Contractor shall supply and install equipment for the power supply on the service pole in accordance with the MTOD 2440.01. Connection To Existing Supply-Item No. B8 Payment at the contract price for the Tender Item shall be full compensation for all labour, equipment and materials required, to complete the connection to the existing service. SPECIAL PROVISIONS-TENDER ITEMS CONTRACT NO.CL2001-40 4. ' Such payment shall include compensation for testing, all accessories required, inspection and energization. Concrete Poles, Direct Buried in Earth-Item No. A4, B6 and F9 Amendment to OPSS 615 dated September 1993 615.05.03 Poles Subsection 615.05.03 of OPSS 615 is amended by the following addition. The poles shall be round, standard mold finish and are to be supplied complete with zinc alloy handhole covers and weatherproof pole caps. 615.07.03.01 Installation in Earth Subsection 615.07.03.01 is deleted and replaced by the following: Concrete direct buried poles to be installed as per manufacturers specifications. The concrete poles shall be supplied as follows: ' Poles for walkway lighting shall be 6.0 in(Item No. A5,B6 and F9) and pole for roadway lighting shall be 13.7 in(Item No. F9)tapered hollow concrete poles meeting C.S.A. Standard Class "BT" requirements and shall have two diametrically opposed cable entrance ports measuring approximately 60 x 120 mm centred at a point 450 mm below finished grade as installed. A handhole centred at a point 2.1 in above the finished grade shall be provided, measuring approximately 90 x 200 mm complete with socket head screw retained metal cover plate. A grounding lug bonded to the reinforced steel shall be located inside the pole, centred at and opposite to the handhold. Payment at the contract price for Tender Items shall be full compensation for all labour, equipment and materials required for the unloading and installation of each pole including all earth excavation, backfilling, compaction and concrete work. Such payment shall include compensation for restoration work where such work is not included in other Tender Items. All disturbed areas must be restored in kind. Roadway and Walkway Lighting Luminaires and Bracket Assemblies-Item No. A5, B7, Cl, Dl, El and F10 Amendment to OPSS 617, September 1984 1 SPECIAL PROVISIONS-TENDER ITEMS CONTRACT NO,CL2001-40 5. 617.02 REFERENCES Section 617.02 is amended in that the reference to OPSS 2432 is deleted. The section is also amended by changing the reference to CSA Standard C 22.2 No. 136 - 1966 to No. 211.2 - M1984. 2. Section 617.05.01 is deleted in its entirety and replaced with the following: ' 617.05.01 Luminaire, Roadway Lighting Type High pressure sodium luminaires shall conform to the requirements of Appendix 617-A and the information as described below: See Charts on Roadway luminaire(s)-150W high-pressure sodium,150 Watt CWA ballast, IFS Drawings type H for 120-Volt operation conforming to Appendix 617-A. Cooper, Curve No. 766566 or approved equal. The luminaires shall be complete with 150 Watt high pressure sodium lamp ANSI designation S55MN-150 The luminaires shall be equipp ed with individual photocell and receptacles. See Charts on Roadway luminaire(s)-200W high-pressure sodium,200 Watt CWA ballast, lES Drawings type H for 120-Volt operation conforming to Appendix 617-A. Cooper, Curve No. 766493 or approved equal. The luminaires shall be complete with 150 Watt high pressure sodium lamp ANSI designation S66MN-200. The luminaires shall be equipped with individual photocell and receptacles. See Charts on Area luminaire(s)— 70 Watt high-pressure sodium, 70 Watt CWA ballast,,IES type Drawings I distribution,for 120 Volt operation conforming to Appendix 617 A. Cooper, Catalogue No.RCL70SH21D14 or approved equal. The luminaire(s)shall be complete with 70 Watt high pressure sodium lamp ANSI designation S62MN-70. The luminaires shall be equipped with individual photocell and receptacles 3. Subsection 617.07.01 is amended in that the first ara raP h is deleted. P g 4. Subsection 617.07.10 is deleted in its entirety and replaced with the following: 617.07.10 Quality Control ' Pre-installation Testing and Inspection The Contractor shall inspect the luminaires and brackets prior to installation to ensure that they meet the requirements of the contract. In particular, the socket position, refractor type and ballast type shall be confirmed. Proof of Performance Testing and Inspection SPECIAL PROVISIONS-TENDER ITEMS CONTRACT NO.CL2001-40 6. The Contractor shall ensure that all lamps, installed in luminaires, have a minimum "burning- in" period of 100 continuous hours prior to acceptance of the work by the Contract Administrator. The Contractor shall perform Low Voltage System tests required on the wiring system conforming to OPSS 604. 5. OPSS 617 is amended by the addition of the following Section: 617.08 Quality Assurance The Contract Administrator may make random inspections of the work. 6. Section 617.09 is deleted and :replaced with the following: g 617.09 Measurement For Payment Where the contract includes tender items using the Individual Item Method, measurement of the ' number of luminaires is by Plan Quantity as may be revised by Adjusted Plan Quantity. Luminaires used shall be suitable for mounting on 2" IPS split fitter on bracket arms and shall be all complete with outdoor 120 volt integral ballast, equipped with a standard socket mounted photo-electric control relay, and suitable for HPS lamp, wattage as noted on contract drawings. Ballasts for all lighting units shall provide satisfactory outdoor operation at± 15 percent of line volts. Each luminaire shall be fused by means of a separable fused secondary cable connector kit utilizing a 10 amp midget fuse(with a 200 amp interrupting rating for underground feed lights). This connector is to be CSA approved and shall be installed with the line supply conductor connected to the female receptacle and the luminaire conductor connected to the male plug. Each luminaire shall be individually controlled by its own integral photo control. The luminaires shall provide I.E.S. Type H lighting distribution pattern as noted on the Contract Drawings or Itemized Bid. Riser wire from the handhole,junction box or splice connection to the luminaire, within the lighting pole, conduit or bracket arm, conductors shall be two single#12 AWG solid copper cables and TW flame-retardant insulation and coloured black and white. Payment at the contract price for these Tender Items shall be full compensation for all labour equipment and materials required to do all work including installation of all brackets, bracket assemblies, and luminaires regardless of size and type, all lamps, riser wires and connections, fuse SPECIAL PROVISIONS-TENDER ITEMS CONTRACT NO.CL2001-40 7. holders and fuses, luminaire ground wire and connections, conduits and fittings. Such payment shall include compensation for all hardware, accessories, adjustments and testing required. Note that luminaires that are to be mounted existing on hydro poles shall be connected to supply wire by Hydro One for Parts C, D and E. Bracket arms for Item No. C1, D1, E1 and F10 are to be 3.65 in tapered elliptical aluminum brackets with 1.2m rise. Brackets to be mounted as per manufacturers specifications. Hydro One and Veridian should be consulted regarding mounting details. Payment at the contract price for these Tender Items shall be full compensation for all labour equipment and materials required to do all work including installation of all brackets and bracket assemblies. Such payment shall include compensation for all hardware, accessories and adjustments required. I I 1 MUNICIPALITY OF CLARINGTON ' CONTRACT NO. CL2001-40 STANDARDS 1 PAGE ONE ' STANDARD DRAWINGS CONTRACT NO. CL2001-40 OPSD 2100.05 Cable and Duct Protection and Marking 2101.01 Duct Installation in Trenches ' 2103.02 Duct Installation Profiles 2103.05 Duct Installation at Utility Crossings 2245.01 Installation of Aerial Cable Systems 2245.02 Minimum Vertical Clearances for Aerial Cable Systems ' 2255.02 Pole Wiring Diagram, 120/240V System 2410.01 Spun Concrete Pole 2440.04 Pole Mounting Bracket for Control Cabinet Assembly ' 2440.05 Supply Control Cabinet Assembly, Type 1 and 2, Dead Front Panels 2440.06 Supply Control Cabinet Assembly, Type 1 and 2, 3-Point Door ' Latch MTOD 2130.010 Supply Control Cabinet Installation 2210.020 Installation of Direct Buried Poles in Slopes 2225.010 Concrete Lighting Pole, Direct Buried ' 2250.010 Aluminum Tapered Elliptical Brackets 2420.010 1.8 m of 2.4 m Aluminum Tapered Elliptical Bracket 2440.010 Supply Control Cabinet Assembly Type 1 N- 632 Standard Horizontal Luminaire Detail Note: Tenderers shall base their bid on the latest revision of these drawings at the date of tender closing. Copies of these Standard Drawings (except N-632) are not included with these tender documents. It shall be the responsibility of the Tenderer to obtain the most recent edition of the applicable Standard Drawings. r� � r r rr rr r �Ir �Ir r +r rr �r rr r .r ar rr �■r Finished grade Concrete duct marker TYP TYP T—777 T` TTT T— E E E E C Marker Tape E g o f 0 E TYP ,nn Trench Cable Brick o I o Concrete slcff E x E x `n protection 0E pE TYp Eo 0 N 0 Duct N o Direct buried o f `� cable N n Trench 0 Sand bedding Typ Sand bedding Duct DUCT IN ROCK DIRECT BURIED CABLE DUCT IN EARTH IN ROCK OR IN EARTH Owners identification Cable brick 8 3 0 N V(l 0 Omm min 0 o XYZ 0 ELECTRICITY u' DUCT 330mm min 300 3mm indented letters T CABLE BRICK _ 450 _I NOTES: CONCRETE DUCT MARKER A This standard to be read in ONTARIO PROVINCIAL STANDARD DRAWING Date 11992 12 15JRevJ 1 conjunction with OPSD-2100.01 , on 2101 .01 . B All 'dimensions are in millimetres CABLE AND DUCT PROTECTION Date _ _ _ _ _ _ or metres unless otherwise shown. — — — — — — — — AND MARKING — 2100.05 TABLE 1 MINIMUM TRENCH WIDTH FOR ONE LAYER AND TWO LAYER DUCT ARRANGEMENT No OF No OF NUMBER OF 50 mm DUCTS ' 100 mm LAYERS DUCTS 0 1 2 3 4 5 6 7 8 9 10 1 N/A 150 205 300 460 610 N/A N/A N/A N/A N/A ' 0 2 N/A N/A N/A N/A 205 300 350 460 460 610 610 1 150 255 460 610 610 N/A N/A N/A N/A N/A N/A ' 1 2 N/A N/A 205 255 300 460 460 610 610 610 N/A 1 300 460 610 N/A N/A N/A N/A N/A N/A I N/A N/A 2 2 150 255 255 460 460 610 610 610 N/A N/A N/A ' i A N A N A N A N A N A N A N 60 6 0 N/A N / /A/ / / / / / 3 1 4 2 300 300 460 460 610 610 610 N/A N/A N/A N/A 1 610 N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A 4 2 300 460 460 610 610 1 N/A N/A N/A N/A N/A N/A NOTES: 1 Install ground wire in the duct, or trench as indicated in the contract. A Install cable brick, or concrete slab, marker tape, concrete duct marker where indicated in the contract. See OPSD-2100.05. B This drawing is used in conjunction with OPSD-2103.02. C Contractor has the option of installing one, or two layer duct arrangement. ' D N/A — Not Applicable, undesirable, or exceeding equipment limits. E All dimensions are in millimetres or metres unless otherwise shown. ' Finished grade Rock line Backfill material Finished grade 0 to 700mm a c F > 0 0 Backfill v material E a . C c 50mm min L 'o c0 � E E Duct Duct r ° 0 0 o n. � 'n ' Ground 0 coo Duct 0 wire Note 1 V) O O -� 50mm min Sand bedding 50mm min Typ Ground wire Ground wire O 50mm 50mm Note 1 ONE LAYER Note 1 TWO LAYER min min ARRANGEMENT ARRANGEMENT IN ROCK IN EARTH IN EARTH ONTARIO PROVINCIAL STANDARD DRAWING Date 1 1992 12 15 Rev -DUCT INSTALLATION Date IN TRENCHES - - - - - - - - - - OPSD 2101 .01_ ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! 750mm min 750mm min Top of finished pavement 1450mm max Finished grade 1450mm max Electrical chamber at chamber 450mm min at chamber Typ, Notes 1 and 3 or pole at mid point or pole 1000mm min 1000mm min 1450mm max 1450mm max I I r 1:400 1:400 I I min slope min Slope L� Slope to povt L/2 crossfall grade J Utilities L=Length of duct run Note 6 FLAT GROUND Electrical chamber Typ, Notes 1 and 2 750mm min OPEN TRENCH METHOD ACROSS ROADWAYS 1450mm max Note 5 at chamber or pole 750mm min 1450mm max I at chamber L or pole 1:400 min slope I I I SLOPED GROUND L_J NOTES: 1 For type and size of electrical chambers, see layout drawings. 2 For duct connection to electrical maintenance hole, 750mm min Top of ducts—Typ 750mm min see MTOD-2123.01 and OPSD-2123.02. at cha max Note 4 t chum max 3 For duct connection to electrical handholes at chamber at chamber or , or pole pole see MTOD-2123.03 MODIFIED. 4 Depth of cover given is to top of direct buried ducts, I I I I or to top of concrete encasement. I I I L_J 5 For subsurface and underpovement installation, the cover 450mm min --� shall be 1000mm min and 1450mm max measured from the top of steel encasement, or duct to the finished grade. UNEVEN GROUND 6 For treatment at utility crossings, see OPSD-2103.05. A All dimensions are in millimetres or metres unless otherwise shown. ONTARIO PROVINCIAL STANDARD DRAWING Date 1992 12 15 Rev DUCT INSTALLATION Date - - - - - - - - - - - - - - PROFILES OPSD - 2103.02 MODIFIED ' 450mm min Utility depth 450mm min Utility depth ' Duct or outer edge of conc encasement TYP ' o '_QO • , �\3 Dio 45' Depth of 150 45 ' Loose / �{ 150 duct or --I 150 styrofoom fill encase duct Typ. CROSSING OVER CONCRETE CROSSING OVER UTILITY ENCASED UTILITY ' Finished grade Typ ' 150 h- E 150 E - 4 Dio/3 I ��o �'� 150 I �� v 45* „sO 0 , 45* "TX , __ _ _—__—__ ____—__ 300 -.10— 300 Slope to avoid low point mm Slope to avoid low point mm where elevations permit min where elevations permit min CROSSING UNDER UTILITY CROSSING UNDER CONCRETE ENCASED UTILITY NOTES: A The required clearance 'x' between the utility B Trench widths shall be kept to the ' and the ducts or concrete encasement is: minimum required for working space. UTILITY 'x' mm min Manual excavation and backfill methods ' shall be used, .with the utility supported Ducts, Direct in place where required, where crossing Buried or 100 under a utility is necessary. Encased C All dimensions ore in millimetres or All other pipes 300 metres unless otherwise shown. High Voltage cables 300 All other cables 300 ONTARIO PROVINCIAL STANDARD DRAWING Date 1992 12 15 1 Rev DUCT INSTALLATION Date _ _ AT UTILITY CROSSINGS OPSD -- 2103.05 ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! 38 83 Chotrea�kd 38 �`L Boss for 35 14mm hole 124 00 ti 460 L o J t 0 oA A B t 2mm topped B C C hole 14mm dia hole Notes 2 and 3 445 PLAN—COVER UNDERSIDE OF COVER PLAN—HANDHOLE 470 500 N I PLAN—FRAME 500 2715 p O N 25 1-- l� 0 LO n 5 f Finished grade T 12 � 23 2 460 0 -- 490 --�12 I---- --I A ZL12mm dia tapped hole SECTION C—C 3-11 mm dia holes equidistant in sidewall 75 of frame ° Precast concrete Notes 4 and 5 NOTES: SECTION B—B O ° ° 1 For installation of ducts see MTOD-2123.03M. 5 One ground lug for #6 AWG Ln 2 Cover to be retained with 2-12mm dia stranded copper to be attached to • x 20mm long stainless steel hex head one frame attaching bolt. 125mm dia hole machine bolts to be flush with top of A For general installation details refer _ for duct entry cover when fastened. to MTOD-2117.02M. Note 1 3 Material for frame and cover—ANSI/ASTM B All dimensions are in millimetres standard A48-1990 gray iron casting, or metres unless otherwise shown. v class No 30C. 4 Frame to be attached using 3-10mm dia x 38mm long machine bolts anchored SECTION A—A in concrete wall. ONTARIO PROVINCIAL STANDARD DRAWING Date 11992 12 151RevI 1 ELECTRICAL HANDHOLE Date — — — — — — PRECAST CONCRETE WITH COVER - - - - - - - - - - - - - - 460mm DIA OPSD - 2112.02 (MODIFIED) ' 1 Service entrance fitting, 50mm, rigid PVC E 2 1.0m coil of cable for connection to incoming supply E S o E 3 Photoelectric controller with bracket ' M 3 4 Service entrance fitting, 25mm, rigid PVC 5 3 No.12 AWG, low voltage cable 5 6 7 ( Clamp for, 25mm, rigid PVC 4 6 23 O Conduit, 25mm, rigid PVC 7 ' 14 8 Reducing adopter, 50mm to 25mm, rigid PVC 90 Meter hub, 50mm, rigid PVC 10 Supply control cabinet 1 23 11 Terminal adapter and locknut. 20mm, rigid PVC 8 6 12 6 12 Terminal adapter and locknut, 50mm, rigid PVC r 8 13 Conduit, 20mm, rigid PVC 12 10 14 Conduit, 50mm, rigid PVC 10 12 15 Standard 90o elbow, 50mm, rigid PVC 12 11 0 11 16 Adapter coupling, 50mm a°p 00 21 13 17 Conduit , 50mm, polyethylene or steel as indicated 21 ' Finished ;, 14 18 Ground wire, Note 1 14 Finished 13 grade ;; grade " 15 1 19 Ground rod, Note 1 g i p 600 600 -@7 20 Meter base, 100A, 600V 21 Expansion coupling. 17 18 19 17 16 15 18 22 Access fitting Type LB, 50mm rigid PVC C� 19 60�p�300� 60 000 23 Clamp for, 50mm, rigid PVC OVERHEAD SUPPLY UNDERGROUND SUPPLY 22 7 14 14 9 NOTES: + 9 1 Number of ground rods and size of To underground 20 duct 20 ground wire shall be as indicated 0 in the contract. A The meter base (if required) shall be 0 ' bonded to the supply control cabinet with a No.6 AWG green insulated wire. 9 B For supply control cabinet schematic 9 14 12 wiring diagram refer to MTOD-2440.010 14 12 ' MTOD— 2440.020. 10 C All dimensions are in millimetres unless 10 DETAIL OF METER BASE otherwise shown. DETAIL OF METER BASE tMINISTRY OF TRANSPORTATION ONTARIO DRAWING March 2001 Rev 3 SUPPLY CONTROL CABINET - - - - - - - - - - INSTALLATION - - - - - - - - - - OVERHEAD AND UNDERGROUND SERVICES FMTOD — 2130-.0101 1 1 Offset Pole Note 1 1 ' ' Edge of travelled I roadway I`I'I III i Burial depth I Note 2 and 3 LJ DIRECT BURIED POLE IN CUT i 1 Offset Note Edge of travelled Note 1 Pole roadway 1 1�4 I ' I I I � I ( j Burial depth �--� Note 2 and 3 DIRECT BURIED POLE IN FILL 1 NOTES: 1 Offset dimension shown elsewhere in the contract. 2 Burial depth shall be measured from the lowest grade elevation at pole. 3 For burial depths see the following standard: Concrete poles: MTOD-2225.01. Metal poles: MTOD-2232.010. A All dimensions are in millimetres unless otherwise shown. 1 MINISTRY OF TRANSPORTATION ONTARIO DRAWING March 2001 1 Rev 2 INSTALLATION OF DIRECT - - - - - - - - - - BURIED POLES IN SLOPES - - MTOD - 2210.020 Tapered elliptical bracket, MTOD-2250.010 Lam"-__ i 4zz ! CONCRETE c ! LIGHTING POLE Installation data Pole Burial length depth Handhole 0m b 9.0 1.65 Finished grade ' 10.7 1.65 12.5 2.00 Underground through 14.0 2.00 wiring aperture Or! 15.8 2.30 T , 18.3 3.20 21.3 3.20 ' Concrete encasement ! in earth , 760mm min NOTES: A For installation in rock, this standard is to be read in conjunction with OPSD-2200.02. B All dimensions are in millimetres unless otherwise shown. MINISTRY OF TRANSPORTATION ONTARIO DRAWING March 2001 1 Rev 12 ! CONCRETE LIGHTING POLE - - - - - ' DIRECT BURIED M 2225.010 r� rI rr rr err rI rr r rr .r rlr r rI r it r r r r High voltage cable Up to 120KV) c: Low voltage cable, span wire Note 4) M E n or communications cable m o E z E OZ ,°�— Tension, Table i LO E LOE o Z Low voltage cable, span wire s or communications cable LPole attachment 1 3 1 see OPSD-2242.01 °C'4 N a o or OPSD-2242.02 a o� ao� o Z Finished grade aa)) Finished roadway 0)N 01 pavement cn < — L ELEVATION (Typical) NOTES: 1 Cables to be installed at the tension shown in Table 1 or to the sag required at the TABLE 1 installation temperatures as given by the cable manufacturer or Ontario Hydro sag (Note 1) tables. Where cables are parallel to an existing cable line on the some poles the tension shall be adjusted to maintain a consistent vertical spacing. TENSIONS FOR INSTALLATION OF AERIAL CABLES 2 Minimum attachment height to be determined by addition of the clearance height ACSR Tension For (See OPSD-2245.02) to the maximum sag. Installation Types NS-1,NSF-2 Steel Strand Tension Temp. Cables — N N 3 Maximum sag is to be based on CSA heavy loading or thermal loading conditions 2 #1 0 #3/0 7mm Gr.1 10 9mm Gr.160 given in CSA standard C22.3 No.1—M1987. For maximum sag refer to cable —29 1480 1320 1500 7600 13500 manufacturer or Ontario Hydro sag tables. —18 1300 1280 1460 6950 12300 4 For minimum vertical clearances between low voltage cables and high voltage 0 1120 1210 1410 5900 10500 cables over 120KV, refer to CSA standard C22.3 No.1—M1987. 16 990 1170 1370 4900 8700 5 Vertical clearance between wires to be measured with the upper wire in its 32 900 1120 1350 3900 6900 maximum sag position and the lower wire is assumed to form a straight 1 38 1 860 1 1070 1 1330 3700 1 6600 line between its points of support. A All dimensions are in millimetres or metres unless otherwise shown. ONTARIO PROVINCIAL STANDARD DRAWING Date 1 1988 12 01 1 Rev 1 INSTALLATION OF AERIAL Date _ _ _ _ — _ CABLE SYSTEMS WFSD — 2245.01-j MINIMUM VERTICAL CLEARANCES MINIMUM VERTICAL CLEARANCES ABOVE FINISHED GRADE LOCATION OF WIRES COMMUNICATIONS LOW VOLTAGE HIGH VOLTAGE CABLE OR CABLES CABLE & SPAN CABLE 750V 22KV 50KV 90KV 120KV 150KV 250KV OVER WIRE 0-750V TO TO TO TO TO TO TO 300KV 22KV 50KV 90KV 120KV 150KV 250KV 300KV OVER FREEWAYS, 6.4m + 7.4m. + 10.9m + EXPRESSWAYS & 6.Om 6.Om 6.Om 6.Om 6.Om 6.1 m 6.4m 1 Omm/KV 70mm/KV 25mm/KV RAMPS OVER 150KV OVER 250KV OVER 300KV OVER KINGS 6.4m + 7.4m + 10.9m + HIGHWAYS & 4.7m 4.7m 5.1 m 5.5m 5.8m 6.1 m 6.4m 1 Omm/KV 70mm/KV 25mm/KV OTHER ROADWAYS OVER 150KV OVER 250KV OVER 300KV OVER AREAS LIKELY TO BE TRAVELLED BY 6.4m + 7.4m + 10.9m + VEHICLES (OTHER THAN 4.7m 4.7m 5.1 m 5.5m 5.8m 6.1 m 6.4m 10mm/KV 70mm/KV 25mm/KV DRIVEWAYS TO RESIDENCES) OVER 150KV OVER 250KV OVER 300KV ALONGSIDE 6.4m + 7.4m + 10.9m + ROADS IN DENSELY 4.7m 4.7m 5.1 m 5.5m 5.8m 6.1 m 6.4m 1 Omm/KV 70mm/KV 25mm/KV POPULATED AREAS OVER 150KV OVER 250KV OVER 300KV ALONGSIDE ROADS OR 5.8m + 6.8m + 10.4m + OVER AREAS UNLIKELY TO 3.3m 3.7m 4.5m 4.9m 5.2m 5.5m 5.8m 1Omm/KV 70mm/KV 25mm/KV BE TRAVELLED BY VEHICLES OVER 150KV OVER 250KV OVER 300KV 6.4m + 7.4m + 10.9m + OVER DRIVEWAYS 4.Om 4.Om 5.1 m 5.5m 5.8m 6.1 m 6.4m 10mm/KV 70mm/KV 25mm/KV TO RESIDENCES OVER 150KV OVER 250KV OVER 300KV OVER AREAS ACCESSIBLE 4.9m + 5.9m + 6.4m + TO PEDESTRIANS ONLY 2.8m 3.4m 3.7m 4.Om 4.3m 4.6m 4.9m 10mm/KV 1Omm/KV 1Omm/KV OVER 150KV OVER 250KV OVER 300KV ABOVE TOP OF 9.3m + 10.3m + 10.8m + RAIL AT RAILWAY 7.6m 7.6m 7.9m 8.4m 8.7m 9.Om 9.3m 1Omm/KV 1Omm/KV 1Omm/KV CROSSINGS OVER 150KV OVER 250KV OVER 300KV NOTES: A Clearances shown are under maximum sag conditions as defined in CSA C22.3 No. 1-M1987. B Voltages are to ground for effectively ONTARIO PROVINCIAL STANDARD DRAWING Date 1 1988 12 01 1 Rev 1 grounded systems and phase to phase for ungrounded systems. Date A All dimensions are in millimetres or MINIMUM VERTICAL CLEARANCES metres unless otherwise shown. FOR AERIAL CABLE SYSTEMS 0 PS D - 2245.02 OPSD - 217.03 rr it rr rr rr r r Ir rr �r rr rr rr rr r rr r r r Tapered elliptical bracket Tapered elliptical bracket MTOD-2420.010 I MTOD-2420.010 DOUBLE BRACKET SINGLE BRACKET SECTION A—A Note 1-� r Note 1 _ Note 2 II I i I 11 Note 2 i I II NII I II ' ll I I I � I I I i l i p III III I I I II Wiring I I II Wiring aperture _ � aperture Lighting pole Lighting pole TAPERED ELLIPTICAL BRACKET NOTES: 1 For sectional steel poles dimension 'a'=300mm. For all other metal poles and concrete pole, dimension 'a'=230mm. 2 1 6m galvanized steel through bolt, nut, 50x5Omm square washer (longer bolt required for double bracket). A All dimensions are in millimetres unless otherwise shown. MINISTRY OF TRANSPORTATION ONTARIO DRAWING March 2001 Rev 2 ALUMINUM TAPERED - - - - - - - - - - ELLIPTICAL BRACKETS - - - - - - - - - - MOUNTING DETAILS FMTOD - 2250. 010] ' #12 AWG stranded copper I b — #12 AWG low voltage ground wire to luminaires) I riser wires Note 1 Note 1 r I I I I I I I I l II I Fuse holder kit II I I ' Compression connectors, I I with 600V, 10A copper to copper with II I 1 1 KTK fuse insulating covers II I I I I I I Ground stud I u� j I I I Pole Hondhole L _ I — 1-- -- — -------- �— � Tap run where required Line 1 Low voltage Neutral I cables I Cable to ground -- ----J electrode connection #6 AWG bare stranded copper ground wire Ground electrode located Cable to cable round connection as indicated on lighting g layout drawings r NOTE: 1 Broken lines indicate additional conductors for double luminaire installation. ONTARIO PROVINCIAL STANDARD DRAWING 1996 09 15 Rev ' - - - - - - - - - S . POLE WIRING DIAGRAM Date - - — - _ - r 120V SYSTEM 10PSD - 2255.010 rr rr ■r r �r r� rr rr �r r� r r� r r r r �r �Ir r� 100 6mm dia x 25mm Top plate l l 120 NC stainless Detail 'D' , Concrete steel hex head bolt-ti 19mm dia hole insert I , 19mm dio hole - ° POLE FABRICATION DATA o ; J ; ,n U) , ; Pole Aperture Bottom Top --a F-- I r- I , , Length Location Diameter Diameter 6mm dio x 25mm o b c d Wiring r� X38 -20NC stainless m mm mm mm apertures __� �__ —H H-- steel round socket Detail 'A' --; -- 19mm dio—;-+ hole head machine screws 9.0 1150 290 165 FRONT VIEW SIDE VIEW 10.7 1150 312 165 DETAIL 'A' 12.5 1500 338 165 6mm dia 20 NC 14.0 1500 373 165 topped hole Hondhole frame 15.8 1750 401 165 , cast zinc 95 18.3 2670 439 1 165 21.3 2670 485 1 165 8mm dia hole Grounding conductor o #6 AWG bare ' o stranded copper o rn R rn 1" Hondhole Hondhole and B _ NN Reinforcing rod cover cost zinc C Lt cover plate ° Detail 'B' T- e d 8mm dia hole .on -� 108 Imo— Compression e o connector e DETAIL '8' Underground o , p wiring A I `n N aperture 1 Detail 'C' v �100 0 8mm dio hole i -mil 75 If Grounding � +. � e v conductor a Reinforcing � rod and 1.6mm thick stainless I compression steel or aluminum plate C `-► SECTION C—C Handhole frame connector DETAIL 'D' DETAIL 'C' and cover SECTION B—B NOTE: A All dimensions are in millimetres ONTARIO PROVINCIAL STANDARD DRAWING 1993 12 15 1 Rev 12 it or metres unless otherwise shown. SPUN CONCRETE POLE pate- - CLASS `D' OPSD - 2410.01 L 60mm OD section F 50mm die IPS 5" For welding refer to detail 'C' ' SECTION A � 4.775mm wall thickness H 16mm galvanized / Elliptical section ' steel bolt and 50x50mm square washer by others _=F I I Pole DIMENSION BRACKET BRACKET outline 1.8m 2.4m 1"Iqz I L 1.8 2.4 ' / H 0.9 1.2 ~4S° 62 ,;> F 560 56* Elliptical 0.0640.108 0.0704.125 ' SECTION B—B section t N Continuous weld N bracket to base + 77 ia—` _ plate 1 1 N II I I 1 II 1 I 1 II 1 1 27 , O II I I 1 prl II 1 � I I II I I � 1 CD II 1 I t 11 I I 1 N N CD B 1 I B N II 1 \ 1 1 II I \ 1 1 11 I Cable slot I 11 I 25mm die hole 32mm die hole t 1 1 11 1 5� Deburr ' Deburr 1 1 n 1 I n r 1 11 --1- I I 1 II L ' 1 10 11 1 II 1 CL BRACKET MOUNTING PLATE DETAIL `C' ' NOTES: A Do not use the aluminum bracket on non—concrete bridges, particularly `Skyway' type bridges. B All dimensions are in millimetres unless otherwise shown. MINISTRY OF TRANSPORTATION ONTARIO DRAWING March 20011 Rev 12 1 .8m or 2.4m ALUMINUM - - - - - - - TAPERED ELLIPTICAL BRACKET - - - - - - - - - - IMTOD 2420.010 ' EQUIPMENT LAYOUT SCHEMATIC WIRING DIAGRAM Photoelectric ' Incomming supply controller 11 120/240V 1 L1 L2 N r 8 I I ' a I L DEAD FRONT 1 'A' ' ' I li I 1 --------------------- ,11 , �-6 5 ' li i I I 4 li i 1 I 11 `-----J 4 L---- _J DEAD FRONT ' = 1 1 11 1 '13' _ 1 1 ' r---Li 1 - 1 1 1 "--VI 1 1 1 1 1 1 r------- - -------� 1 1 9 a ® a ® a ® a ® oil® 0 ® 7 9 1 ' ; 1 9 a ® i i ELECTRICAL EQUIPMENT LIST + To highway lighting To traffic 10 Main circuit breaker — 240V, 100A, 2—pole. signal controller O Lighting circuit breaker — 240V, 60A, 2—pole. ® Primary barrier. Q3 Traffic signal circuit breaker — 240V, 1—pole. ® Secondary barrier. (ampacity, as indicated elsewhere in the contract). 1 ® No.3 AWG RWU90 wire. Circuit breaker used for relamping — ® 240V. 15A, 1—pole. © No.6 AWG RWU90 wire. 05 Circuit breaker for photoelectric controller — 240V. 1 15A, 1—pole. ® No.12 AWG RWU90 wire. © Lighting contactor — 240V, 60A, 3—pole, 120V coil. t�7 Branch circuit breakers — 240V, 30A, 1—pole LEGEND: (number of breakers as indicated elsewhere Denotes terminal connection. ' in the contract). Solid neutral assembly — 100A minimum Denotes: No.3, No.4 or No.6 AWG RWU90 wire. ® 90 Ground lug for No.6 AWG stranded copper ground wire. Denotes No.12 AWG RWU90 wire. ' ® Ground lug for No.2/0 AWG stranded copper ground wire. -- Denotes field wiring (sizes as indicated elsewhere on the contract drawings). 11 Secondary lightning arrester, 650V, 2—pole. ® Ground bus. ' ® Drip shield. NOTE: © Secondary neutral and ground bus according A This standard is read in conjunction with to CSA and project requirements. OPSDs 2440.030, 2440.050 and 2440.060 ' MINISTRY OF TRANSPORTATION ONTARIO DRAWING March 2001 1 Rev 12 SUPPLY CONTROL CABINET - - - - - - - - - - ASSEMBLY TYPE 1 ._ - - - - - - - - - - - 120/24OV, 100A, 1 -PHASE, 3-WIRE rMTOD - 2440.010 ' i Stainless steel Pole N I banding strop mounting N I )450 bracket LO I N I I Supply 0) 1`0 I control ' I cabinet 00 I I POLE I o0 I I .o ° 0) I °� o° I I oo I Holes I I ' I I I I I I I II o I I I I I I I Pole mounting I I I bracket I I The above figure shows the installation ' I I of pole mounting bracket for supply 00 I control cabinet. I ' I I a, I 00 I I I I NOTES: ' I rn A The pole mounting bracket for supply control cabinet assembly shall be of 0) I #11 gauge galvanized steel. ' 8 All burrs and sharp corners shall be ,n I I smoothed. N I C Pole mounting bracket is required N I { 45° only when the supply cabinet does ' I not have built in pole mounting 76 provision. 12 12 12 D All dimensions are in millimetres 1 unless otherwise shown.'L==3 N I I — 4 25 If ONTARIO PROVINCIAL STANDARD DRAWING Date 1985 04 15 Rev POLE MOUNTING BRACKET Date FOR SUPPLY CONTROL CABINET ASSEMBLY I OPSD - 2440.04 i o m m M FRONT VIEW SIDE VIEW o N 1_,_ - 406 t BOTTOM VIEW, Note 1 ' DEAD FRONT A ' ° LO BACK VIEW OF `n RETAINING SCREW DETAIL `A' ' Retaining screw detail 'A ' m m ' FRONT VIEW SIDE VIEW BOTTOM VIEW NOTES: DEAD FRONT B 1 Size and position of openings to suit main and branch circuit breakers. A All dimensions are in millimetres with tolerances f3mm unless otherwise shown. B All dimensions are in millimetres unless otherwise shown. ONTARIO PROVINCIAL STANDARD DRAWING 1998 03 01 Rev sT SUPPLY _ CONTROL CABINET SP ASSEMBLY TYPE 1 AND 2 - - - - - - - - - - c'�"�- DEAD FRONT PANELS OPSD - 2440.050 0 N Ground stud ----0 Detail 1 I- 410 INSIDE DOOR VIEW SIDE VIEW ' NOTES: DETAIL 1 A All dimensions are in millimetres with tolerances t3mm unless otherwise shown. B All dimensions ore in millimetres unless otherwise shown. ONTARIO PROVINCIAL STANDARD DRAWING 1998 03 01 1 Rev ST o SUPPLY CONTROL CABINET - - - - - - - - - - - S ASSEMBLY TYPE 1 AND 2 --- - - - - - - - - - 3—POINT DOOR LATCH OPSD - 2440.060 I X P - IL P"m COKT*" FOR LENGTH OF ARM SEE CHART BELOW 0 TTPICAL OISTu1ATvM Of A COBRA SrOA LWO MRE ANO A TAP0= [SLJPYKAL ALVAM t 6RAC7QT CSJ- CUSS R srW ROVKD STAMMARD CORAE'K POLE s coP4ER woe i lDx2OO KAPON IE An cwo pLJi,TE #4 COPPGR WIRE 0 .w IIKTiYE 6AC1t}O L R1tSL® 8MLEVARD TRADE E - X Co CA1LE OCrR$JLCE PORT t - L11Lmom swmm" P-Acm LA TO o"RARm Pom Aim COWACTO To too% PROCTOR DEXUW ?3 L?s ROTE= eowm=vLL TYPE cota+E=m TO eE u= Z+aoua+out. *HT-OF-WAY/ROAD SURFACE ARM LENGTK LUMINAIRE WATTAGE LUMINAIRE HEIGHT(M) 23m / 100 3m 150 9.1 20 m / §: as 2-4 m 100 9.1 26m / IO m 3.6 m 150 9.1 2601 14.5m 2-4 m' 250 12-1 20LR / 10 m 18 m L 150 9.1 ALJ. OtNUMsc! to W JJMETR£S EXCEPT *HERS NOTED 70Mm Of N2MfC35��E r PUhuIC wocks f'ftilE�lit �1 CHEtYEO REY1510K N. 2 STANDARD HORIZONTAL LUMINAIRE 01� DEC. x 1992 DETAIL- N-632. JULY 25 .t988 r MUNICIPALITY OF GLARING TON CONTRACT NO. CL2001-40 OPS GENERAL CONDITIONS OF CONTRACT (September 1999) GENERAL CONDITIONS OF CONTRACT Table of Contents SECTION GC 1.0-INTERPRETATION GC1.01 Captions................................................................................................................... 1 GC1.02 Abbreviations........................................................................................................... 1 GC 1.03 Gender and Singular References............................................................................ 1 GC 1.04 Definitions........................................... GC1.05 Substantial Performance.........................................................................................5 GC1.06 Completion...............................................................................................................6 GC1.07 Final Acceptance.....................................................................................................6 GC 1.08 Interpretation of Certain Words...............................................................................6 SECTION GC 2.0-CONTRACT DOCUMENTS GC 2.01 Reliance on Contract Documents............................................................................7 GC 2.02 Order of Precedence...............................................................................................7 SECTION GC 3.0-ADMINISTRATION OF THE CONTRACT GC3.01 Contract Administrators Authority...........................................................................8 GC3.02 Working Drawings...................................................................................................9 GC 3.03 Right of the Contract Administrator to Modify Methods and Equipment.................9 GC 3.04 Emergency Situations.............................................. .......................................10 GC3.05 Layout....................................................................................................................10 GC3.06 Working Area......................................................................................................... 10 GC 3.07 Extension of Contract Time...................................................................................10 GC 3.08 Delays................... ............11 GC 3.09 Assignment of Contract.........................................................................................11 1 GC 3.10 Subcontracting by the Contractor..........................................................................11 GC3.11 Changes................................................................................................................12 GC 3.11.01 Changes in the Work.............................................................................................12 GC3.11.02 Extra Work........................ ......... ......... ....... ......... .................... ................12 ' OPS General Conditions of Convect-September 1999 Table of Ccrnerrts-i GC 4.10 Final Payment to Contractor..................................................................................19 ' GC 4.11 Termination of the Contract................................................................................... 19 GC 4.12 Continuation of Contractors Obligations............................................................... 19 GC 4.13 Use of Performance Bond..................................................................................... 19 SECTION GC 5.0-MATERIAL GC5.01 Supply of Material..................................................................................................20 GC5.02 Quality of Material..................................................................................................20 GC5.03 Rejected Material...................................................................................................20 GC 5.04 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 GC6.03 Contractor's 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 Insurance...............................................................................25 GC 6.03.05.01 Property Insurance................................................................................................25 GC 6.03.05.02 Boiler Insurance.....................................................................................................25 GC 6.03.05.03 Use and Occupancy of the Work Prior to Completion...........................................25 GC 6.03.05.04 Payment for Loss or Damage................................................................................26 GC 6.03.06 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 General Conditions of Contract-September 1999 Table of Contents iii GC8.02.03.12 Delay in Payment..................................................................................................40 ' GC 8.02.04 Payment on a Time and Material Basis.................................................................40 GC8.02.04.01 Definitions..............................................................................................................40 GC8.02.04.02 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 GC8.02.06 Payment of Workers........................................ ..........................._...................44 GC8.02.07 Records.................................................................................................................44 GC8.02.08 Taxes and Duties...................................................................................................44 .,,•,Liquidated Damages ....,.... ...45., i 1 i 1 1 1 OPS General Conditions of Contract-September 1999 Table of Contents-v CPa`O STA 9 p Ontario Provincial Standards for o p °� s, s `2 Roads and Public Works September 1999 C�pgL.Pvt GENERAL CONDITIONS OF CONTRACT SECTION GC 1.0-INTERPRETATION GC 1.01 Captions 01 The captions appearing in these General Conditions have been inserted as a matter of convenience and for ease of reference only and in no way define, limit or enlarge the scope or meaning of the General Conditions or any provision hereof. GC 1.02 Abbreviations .01 The abbreviations on the left below are commonly found in the Contract Documents and represent the organizations and phrases listed on the right: "AASHTO" - 'American Association of State Highway Transportation Officials "ANSI" - American National Standards Institute "ASTM" _ American Society for Testing and Materials "AWG" American Wire Gauge "AWWA" - American Water Works Association "CESA" _ Canadian Engineering Standards Association "CGSB" Canadian General Standards Board "CSA" - Canadian Standards Association "CWB" - Canadian Welding Bureau "GC" _ General Conditions "MOE" Ministry of the Environment(Ontario) "MTC" - Ministry of Transportation(Ontario) "MTO" - `'Ministry of Transportation(Ontario) t "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 Geneow coodidom of comad `September 1999 Pl 1_ 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. tEquipment: means all machinery and equipment used for preparing, fabricating, conveying or erecting the Work and normally referred to as construction machinery and equipment. , `Estimate:'means`a calculation of the quantity oncost of-the Work orlmrt of it-depending on the context. Extra'Work: means`work not provided for in the Contract as awarded but considered by the Contract "Administrator to" be' essential to the satisfactory completion of the-Contract-within its intended'scope, rincluding unanticipated work required to comply with legislation and regulations which affect the Work. finale=Acceptance°Certificate:` means the certificate'issued- by the 'Contract Administrator at final ' Acceptance of the Work. Final Detailed'Statement:',means a complete'evaluation prepared by the Contract Administrator showing the quantities, unit prices and final dollar amounts of all items of work completed under the Contract, including variations in tender items and Extra Work, all as set out in the same general form as the monthly estimates. Force-Account: See'"1"tme and Material". _ Geotechnical Report: means a report or other information identifying soil, rock and.ground water, -conditions-in1he area of any,proposed excavation or fill: - . Grade: means the required elevation of that part of the work. Hand Tools: means tools that are commonly-called tools orT implements of-the trade and include small power tools. Highway: means a common and public highway any part of which,is intended for-or used.by the general public'for the passage of Vehicles and includes the area between the lateral property lines thereof. Lump Sum Item: means a tender item indicating a portion of the Work for which payment will be made at a single tendered price.;,Payment is not based on a measured quantity, although,a quantity may given r 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. 1 _ 0 General-Conditions of Convect-September I N9 Pa98.3. 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)""'inclement VDa as determined,by'theContractAdminWmtor ivn�whichthe- ontractorisprevented by " . p y weather-or condition&resulting immediay-therefrom;,-from-pmeeeding-with•a-Controlling "Operation:�For the purposes"of this'definition, this will-be a•DWuring�whictr the'Contractor cannot proceed with at least 60% of the normal labour and equipment force-effectively engaged on the Controlling Operation for at least 5 hours; c) except a Day on,which the Contractor is prevented from proceeding with a Controlling Operation, as determined by the Contract Administrator by reason of, I -any-breach of the Contract'by the Owner or if such prevention is due to the:Owner, another "contractor,.hired bythe�Owner "or�an`employee of anyone°of=them, or-by.anyone:else,acting on behalf of the Owner. ii. on-delivery of Owner-supplied materials, iii. any cause beyond the reasonable control of the Contractor which can be substantiated by the Contractor to the satisfaction of the Contract Administrator. <Working�Drawings:,or:Working Plans: means any:Drawings or Plans prepared by,the Cantractor;f _the execution'of the Work and may,"without limiting,the generality thereof,,include falsework plans, Roadway, protection plans,shop drawings,shop plans or erection diagrams. ' GC 1.05 Substantial Performance .01 The Work is substantially performed, a) wheh'the Work to be`performed under the Contract or a-substantial=partlthereof-is,ready for use or is being used for the purpose intended;and b)° when"the Work to be performed under the°Contract-is-capableof:completion-or,-where there is a known defect,the cost of correction,is not more than L 3%of the first$500,000 of the Contract price, ii. 2%of the next$500,000 of the Contract price, and iii. I%of the balance of the Contract price. 02 For the purposes of this Contract, where the Work or a substantial part thereof is ready for use or is being"=used for the' purposes intended and the remainder of•the Work cannot be completed expeditiously for reasons beyond the control of the Contractor or, where the Owner and the Contractor agree not to complete the Work expeditiously, the price of the services or materials remaining to be supplied and required to complete the Work shall be deducted from the Contract price in determining Substantial Performance. 1 OPS CwWml Condit wa of CW t *-September 1999 - Page 6 �i SECTION GC 2.0-CONTRACT DOCUMENTS tGC 2.01 Reliance on Contract Documents .01 The Owner warrants that the information furnished in the Contract Documents can be relied upon with the following limitations or exceptions: a) The location of all mainline underground utilities which will affect the Work will be shown to a tolerance of: i. 1 m horizontal and ii. 0.3 m vertical b) The Owner does not warrant interpretations of data or opinions expressed in any Subsurface Report available for the perusal of the Contractor and excluded from the Contract Documents;and ' c) Other information specifically excluded from this warranty. GC 2.02 Order of Precedence 01 In the event of any inconsistency or conflict in the contents of the .following documents, such documents shalt take precedence and govern in the following order. -a) 'Agreement b) Addenda c) Special Provisions d) Contract Drawings e) Standard Specifications 1 f) Tender g) Supplemental General Conditions h) General Conditions 7 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 shalt 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 f the:following order of - precedence shall govem: a) Ontario Provincial Standard Specifications;then b) Other Standard.Specifications, such as'those produced by OSA;`'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. I OPS General Conditions of Conrad-September 1999 Page 7- 14 Notwithstanding any inspections made by the Contract Administrator or the issuance of any certificates or the making of any payment by the Owner, the failure of the Contract Administrator to reject any defective work or Material shall not constitute acceptance of defective work or Material. .15 The Contract Administrator will have the authority to temporarily suspend the Work for such reasonable time as may be necessary to facilitate the checking of any portion of the Contractor's construction layout or the inspection of any portion of the Work. There shall not be any extra compensation for the suspension of work. GC 3.02 Working Drawings .01 The Contractor shall arrange for the preparation of clearly identified and dated Working Drawings as ' called for by the Contract Documents. .02 The 'Contractor shall submit Working Drawings to the Contract Administrator with reasonable promptness and in orderly sequence so as to not cause delay irr the-Work. '-If either the Contractor or the Contract Administrator so requests they shall jointly prepare'a schedule feting the.dates for submission and return of Working Drawings. Working-Drawings-shall_be-submitted in printed form. At the time of submission the Contractor shall notify the Contract Administrator in writing of any deviations from the Contrail requirements that exist in the'Working Drawings. .03 The Contract Administrator will review and return Working Drawings in accordance with an agreed upon schedule, or otherwise,with reasonable promptness so as not to cause delay. 04' Th e'.Contract Administrators review'will tieI6'check`'for{conformity r 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. 1.05 �The'Contrailor"shall make any changes`in Woiiring`Drawings.which the Contrac t�Administrator may, require consistent with the Contract ;Documents and resubmit unless otherwise directed by the :''.­:`Contract Administrator.":When resubmitting,'th&'Contractor shag notifythw Contract Administrator in 'writing-of any revisions'other rthan'those equested.by the'ContractAdministrator. 06 Work related to the Working'Drawings shall not proceed until the Working Drawings have been signed and dated by the Contract Administrator and marked with the words"Reviewed. Permission ' to construct granted." .07 The Contractor shall keep one set-of the reviewed Working:Drawings,-marked-as above, at the site at all times. GC 3.03 Right of the Contract Administrator to Modify Methods and Equipment 01 The Contractor shall, when requested in writing, make alterations in the method,Equipment or work ford at any time the Contract Administrator considers the Contractor's actions to be unsafe, or damaging to either the Work or existing facilities or the environment. 02 The Contractor shall, when requested in writing, alter the sequence of its operations on the Contract so as to avoid interference with work being performed by others. ' 03 Notwithstanding the foregoing, the Contractor shall ensure that all necessary safety precautions and protection are maintained throughout the Work. ops Gemm Cw4 t m d Comma'=September 1999 Pa"W, 1 GC 3.08 Delays ' .01 If the Contractor is delayed in the performance of the Work by, a) war, blockades, and civil commotions,errors in the Contract Documents; an act or omission of the Owner or Contract Administrator, or anyone employed or engaged by them directly or indirectly, contrary to the provisions of the Contract Documents; b) a stop work order issued by a court or public authority, provided that such order was not issued as the result of an act or omission of the Contractor or anyone employed or engaged by the Contractor directly or indirectly; c) 'the Contract Administrator giving notice under subsection GC 7.09;Suspension of Work; d) abnormal inclement weather, or e)"archaeological finds in accordance with subsection GC 3.16,Archaeological Finds, then the Contractor shall be'reimbursed by the Owner for-reasonable-costs incurred by.the Contractor as the result of such delay, provided that in the case of an application for an extension of Contract 'Time due to abnormal inclement weather,-°the, Contractor°shall; with,the Contractor's application, submit evidence from Environment Canada in support of such application -Extension-of Contract ' Time will be granted in accordance with subsection GC 3.07, Extension of Contract Time. 02 �If the,Work­is delayed try 116bour'disputes,-strikes'°or kxk-outs =--including; lockouts decreed or ' recommended to ft members by alecognized contractor's association; of which,the Contractor is a member or to which the Contractor-is otherwise bound =which-are beyond the,Contractoes control, then the'Contract Time 'shall"be'extended in'aeeordance-with-subsection-GC,3.07;,Extension of Contract Time. In no case shall the extension of Contract Time be less,than the time=lost-as the result of the,event causing the delay,unless a shorter extenslon'is agreed to by the Contractor.�The s'Contractorshall nott4'entitledIonpayment for costs•incurred as the'result of-such delays unless such delays are the result of actions by the Owner. GC 3.09 Assignment of Contract .01 The Contractor shall not assign the Contract, either in whole or in part, without the written consent of the Owner. GC 3.10 Subcontracting by the Contractor 01 ~The'Contractorrnay 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,inwn'ting,-cftielntention-to subcontract. Such notification shall identify the part of the Work`and the Subcontractor with whom it is intended. .03 "The Contract Administrator will,'within '10 Days-of,receipt,of-suc v notfication,:accept or-reject the intended Subcontractor:'The rejection-mwill'bein writing,and will include the-reasons for the rejection. '.04 The Contractor shall not`without the written consent of the Owner,-change a Subcontractor,who has been engaged in accordance with subsection GC 3.10 Subcontracting by the Contractor. ":05' The=Contractor'shall reserve-arld rotect-the°ri hts of the parties underthe Contract with respect to P P 9 that part of the Work to be performed under subcontract and shall, ' a) enter into agreements with the intended Subcontractors to require them to perform their work in accordance with the Contract Documents;and b) be as fully responsible to the Owner for acts and omissions of the Contractor's Subcontractors and of persons directly or indirectly employed by them as for acts and omissions of persons directly employed by the Contractor. OPS General Conditions of CoMract-September 1999 -Page 1 l 02 The Contractor and the Owner shall provide each other with the mailing addresses, telephone numbers and facsimile terminal numbers for the Contract Administrator and the Superintendent at the ' commencement of the Work .03 In the event of an emergency situation or other urgent matter the Contract Administrator or the ' Superintendent may give a verbal notice, provided that such notice is confirmed in writing within 2 Days. 04 Any notice permitted or required to be given to the Owner or the Contractor shall be given in accordance with the notice provision of the Contract GC 3.13 Use and Occupancy of the Work Prior to Substantial Performance :01 Where it is not-contemplated.elsewhere in'the Contract Documents, the Owner may use or occupy the Work or any part thereof prior to Substantial Performance, providedthatat,ieast 30 Days'written notice has been given to the Contractor. .02 The use or occupancy of the Work or any part by-the Owner'priortoSubstantial Performance shalt not constitute'an,acceptance of,the-:Work'or parts'so<occupied: Ar Aaddition, the use or occupancy of the Work'shall-not relieve`the Contractor or the Contractor's Surety from any liability that has arisen, or may arise; from'the' performance,of the WorkIn accordance with1he-Contract .Documents. The Owner will be responsible for any damage that occurs because of the Owner's use or occupancy. Such use,or. of any part''of the Work by the Owner does not waive the ' Owner"s=right,to,charge ft'Contractor-liquidated damages in-accordance 4 th the.lerms of the Contract GC 3.14 Claims,Negotiations,Mediation GC 3.14.01 Continuance of the Work 01 ° Unless the-Contract has•been-terminated �or completed, the Contractor_shall in every case, after ' serving•or receiving anynotification-of a'claim ordispute ,verbal or written, continue to'prooeed with 'Work with due diligence and-expedfion. 1t`is understood by the parties that such;action will not the jeopardize anydaiim it may have. GC 3.14.02 Record Keeping 01 Immediately upon commencing work which-,may result'in a claim;the'Contractor shall keep Daily ' _Work Records during the course of the Work;sufficient to substantiate the Contractor's claim, and the Contract Administrator will keep Daily Wort Records`twbe used in assessing the Contracts claim, all'in accordance with clause GC 8.02.07,Records. ' .02 The Contractor and the Contract Administrator shall reconcile their respective Daily Work Records on a dailybasis,to simplify review of the Claim,when submitted. .03 The keeping of Daily Work Records by the Contract Administrator or the reconciling of such Daily Work Records`with those of the'Contractor shall notbe construed to be acceptance,of the,claim. GC 3.14.03 Claims Procedure .01 The Contractor shall give verbal notice of any situation which may lead to a claim for additional Ipayment immediately upon becoming aware of the situation. 02 The Contractor shall provide written notice in the standard form "Notice of Intent to Claim" within 7 Days of the commencement of any part of the Work which may be affected by the situation. OPS General Conditions of Contrast-SeMMOW 1999 Page 13 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°"ti0,,Days°following,,the opinion:-given in paragraph GC 3.14.03.05. Where the use of a third party^mediatorwas 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 Arbftbon°Act,'1991, S.O. 1991, 07,°as;amended shall apply to any.arbitration conducted hereunder except to the extent that they are modified_by.the express provisions of this subsection GC 3.15, Engineering Arbitration. GC 3.15.02 Arbitration Procedure .01 The following provisions are to be included in the agreement to arbitrate and are subject only to such right of appeal-as exist where 1he'arbitrator has exceeded`his or her jurisdiction or have otherwise disqualified him or herself a) All existing actions;inrespect of the matters under arbitration,will°be'stayed pending'arbitration; b),AII outstanding claims and matters to be°settledare to be set out in a schedule.to the.agreement , Only such claims and matters as are in the schedule will be arbitrated;and c) Before proceeding with the arbitration, the Contractor shall confirm that all matters in dispute are set out in the schedule. GC 3.15.03 Appointment of Arbitrator .01 The arbitrator shall be mutually agreed upon-by-the Owner.and Co ul actor1or,2dJudicate the dispute. 02 Where the Owner and Contractor cannot agree on a sole arbitrator within 30 Days of the notification of arbitration noted in paragraph GC 3.15.01.02, the Owner and the Contractor shall each choose an appointee within 37 Days of the notice of arbitration. .03 The appointees shall mutually agree upon an arbitrator to adjudicate the dispute within 15 Days after the last appointee was chosen or they shall refer the matter to the Arbitration and Mediation Institute of Ontario Inc. which will select an arbitrator to adjudicate the dispute within 7 Days of being requested to do so. .04 The arbitrator shall not be interested financially in the Contract nor in either party's business and shall ' not be employed by either party. .05 The arbitrator may appoint independent experts and any other persons to assist him or her. OPS General Conditions of Contract=September 1999 - Page 15 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:c ertifitates°_solelysequired for Project approval GC 4.03 •Management and Disposition of Materials` ' '01'.'The Owner will identify in the Contract Documents the materials to be moved within or removed from the Working Area,and any characteristics'of those'materials which will necessitate special materials management and disposition. A rl Safety Ac R:S:0.1990;c:01 as:D2 .tt-acbbrd!hoewh�ulations'Under the OccupadonafHea/th.and amended,the Owner advises that a) the designated substances silica, lead and arsenic are generally present throughout the Working ' Area occurring naturally or as a result of vehicle emissions; b) the designated substance asbestos is present in asbestos conduits for utilities; c)'the;fdllowing'hazardous',materials.,are'.ordinarily,present in constructron,activities° limestone, ' gypsum,marble,mica and Portland cement; and dYbxposure tto ithese'-substances,may,occtJr as�1a:result of activities by-the°Contractor,such as sweeping,grinding,,crushing,drilling,4blasting,cutting and abrasive,blasting. ' 03 The Owner will identify in the Contract. Documents- any designated substances or hazardous materials other than those identified above and their location in the Working Area. .04',If the Owner`or Contractor discovers or is advised of�fte presertce=vCxiesignated_substances or ' hazardous,materials,which are-in addition to,=those listed in .paragraph GC:4A3:02, or,not clearly . 'identified in the Contract>Documents�according:toiparagraphAC-4.4303;xhera-verbat:notice will be provided-to the other party immediately with written confirmation.within>2.Days.;:,The.Contractor will stop work in the ar6wimmediately and will,determine the,necessary steps required to complete the work in accordance with applicable legislation and regulation. .05 The Owner"will be'responsible'for any reasonable additional costs of removing, -managing and disposing'of any material not•identified in the°Contract'Documents, or where conditions exist that could not have been reasonably foreseen'at`the.time-of tendering.,-All work under,this paragraph shall be deemed to be Extra Work. 06 Prior to commencement of the Work, the Owner will provide to the Contractor a list of those products controlled under the Workplace Hazardous Materials Information System or WHMIS, which the Owner will supply or use on the Contract, together with copies of the Materials Safety Data Sheets for these products. All containers used in the application of products controlled under WHMIS shall be labelled. The Owner will notify the Contractor in writing of changes to the list and provide relevant Material Safety Data Sheets. OPS General Conditions of Contract-September 1999 Page 17 d) charge the Contractor the additional cost over the Contract price of completing the Work or portion thereof withdrawn from the Contractor, as certified by the Contract Administrator and any additional compensation paid to the Contract Administrator for such additional service arising from the correction of the default: e) charge the Contractor a reasonable allowance, as determined by the Contract Administrator, to ' cover correction to the Work performed by the Contractor that may be required under subsection GC 7.15,Warranty; f) charge the Contractor for any damages the Owner may have sustained as a result of the default; ' and g) charge the Contractor the amount by which the cost of corrections to the Work under subsection 'GC 7.15,Warranty,exceeds the allowance provided for such corrections. ' GC 4.10 Final Payment to Contractor .01 If the Owner's cost to correct and complete the Work in whole or in-part is.less than the amount .withheld from the Contractor under subs"ection�.'GC =4:09,' Termination .ofnaContractor's. Right to Continue the Work;the Owner will pay the'balance-to the`Contractor as soon as the final accounting for the Contract is complete. GC 4.11 •Termination of the Contract .01 Where the Contractor is in default of the Contract the Owner may,without prejudice to any other right or remedy the Owner-may have,'terminate the Contract by-giving rwrittem notice of termination to the " :,Contractor.�the''tSurety'-and-any trusteeaor receiver`.'acting on:behalf of,the'Contractor's.estate or- creditors. 02 if the Owner elects to terminate the Contract the Owner will provide the Contractor and the trustee or receiver with a complete accounting to the date of termination. GC 4.12 Continuation of Contractors Obligations '01 "The Contractor's"obligation under--the Contract as`to'quality; comedion`and_warranty_of. the Work performed prior to the time of termination of the Contract tor termination`of-the Contractor's right to continue with the Work in whole or in part shall continue to be in force after such termination. GC 4.13 Use of Performance Bond 01 if the Contractor is in default of the Contract and-the Contractor�has�provided°a Performance Bond, the provisions of this Seon shall be exercised,in accordance with the conditions of the Performance Bond. pap oPS General CondRions of Cor*ad-Sephwnber IM �� j .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 "Certficabon of Equality",and if any adjustment to the Contract price,is made by reason of such substitution a Change Order shall be issued as well. ' GC 5.05 Owner Supplied Material GC 5.05.01 Ordering of Excess Material 01 Where Material is supplied by the Owner,and where.this Material-is.ordered-,,* the Contractor in excess of the amount specified to complete-,the .Work,:such:,,excess_.Material shall .become the property of the Contractor on completion of the Work and shall be-charged to the Contractor at cost ' plus applicable overheads. GC 5.05.02 Care of Material 01 The,.Contractor:.shall. in.advance of receipt of shipments of Material-supplied by the.Owner,provide- �adequate'and proper storage#acilities acceptable°to the Contract Administrator,and<on he,receipt-of j. 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 r -'underathe.control of.,the-Contractor itshall,be replaced=or,repaired,by the Contractor:at no expense,to,'.,;: .:"the.Owner,sand to'the satisfaction of the`Contract Administrator such Material is rejected by the Contract Administrator br reasonswhich are not.the fault of the,Contractor itshali remain in-the care and at the risk of the Contractor until its disposition has been n- determined by the 1 Contract Administrator. 03 Where Material"supplied by the Owner arrives at the delivery point in:aAamaged condition or where- there are discrepancies between the quantities received-,,,and Nthe:.quantities-shown on the bills of lading, the Contractor:shall. immediately,,.-,report such damage .or-discrepancies to the,Contract Administrator who arrange`for'an :immediate,.inspection:>of:.the;.:shipmint and:provide the Contractorwith a written release from=responsibilityforsuch damage or,,deficienncies. Where damage ' or deficiencies are not so reported it will be assumed that the-shipment arrived in good order and any- damage or deficiencies reported thereafter shall be made good by the Contractor at no extra cost to . the Owner. 04 The full amount of Material supplied by the Owner in each shipment shall be accounted for by the Contractor and such Material shall be at the risk of the Contractor after taking delivery.-Such Material shall not, except with the written permission of the Contract Administrator, be used by the Contractor for purposes other than the performance of the Work under the Contract .05 Empty reels, crates, containers and other type of packaging from Material supplied by the Owner shall become the property of the Contractor when they are no longer required for their original purpose and shall be disposed of by the Contractor unless otherwise specified in the Contract Documents. iOPS General Conditions of Conhad-Septernber 1999 -- - Pale 21 SECTION GC 6.0-INSURANCE, PROTECTION AND DAMAGE ' GC 6.01 Protection of Work,Persons and Property .01 The Contractor, the Contractor's agents and all workers employed by or under the control of the ' Contractor, including Subcontractors, shall protect the Work, persons and property from damage or injury, and shall be responsible for all losses and damage which may arise as the result of the Contractor's operations under the Contract unless indicated to the contrary below. 02' The Contractor is responsible for the full cost of any necessary temporary provisions and the restoration of all damage where the Contractor damages the Work or property in the performance of the Contract. If the Contractor is not responsible for the damage that occurs to the Work or property ' the Contractor shall restore such damage, and such work shall be administered according to these General Conditions. .03 The Contractor shall immediately inform the Contract Administrator of all-damage and injuries which ' occur during the term of the Contract .04 The Contractor shall not be responsible forloss'and damage that occurs as s-a result of, a) war, b) blockades and civil commotion; c) errors in the Contract Documents;or d) ads or omissions:of the Owner,the Contract Administrator,their agents and'employeesor.others;, not under the control of the Contractor,'but within the Working Area with the Owner's permission. .05 The Contractor and his Surety or Sureties..shall not be released from any term or provision of any responsibility, obligation or liability under the Contract or waive or impair any of the rights of the Owner except by a release duly executed by the Owner. GC 6.02 Indemnification .01: The Contractor shall indemnify and hold harmless the Owner and the Contract Administrator, their agents,°'officers°and°~employees from and against all :claims,. demands, tosses, ;expenses,-,:costs, damages,'actions, 'suits`or proceedings.,by third parties,' hereinafter"called "claims", ,directly or indirectly arising or alleged to arise out of the performance of or the.failure to perform the Work, provided such claims are, a) attributable to bodily injury, sickness, disease, or death or to damage to or destruction of tangible Property; b) caused by negligent ads or omissiona;of:the�Contractor or anyone-for-,whose acts the Contractor may be liable; and c) made in writing within a period of 6 years from the date-of Substantiat,Performance of the Work as. set out in'the Certificate of Substantial Performance of the Work or, where so specified in the Contract from the date of certification of Final Acceptance. 02 The Contractor shall indemnify and hold harmless the Owner from all and every claim for damages, royalties or fees for the infringement of any patented invention or copyright occasioned by the Contractor in connection with the Work,performed'or Material fumished by the Contractor under the Contract 03 The Owner expressly waives the. right to indemnity for claims other than those stated above in paragraphs GC 6.02.01 and GC 6.02.02. .04 The Owner shall indemnify and hold harmless the Contractor, his agents, officers and employees from and against all claims, demands, losses, expenses, costs, damages, actions, suits, or proceedings arising out of the Contractor's performance of the Contract which are attributable to a lack of or defect in title or an alleged lack of or defect in title to the Working Area. OPS General Conditions of Contract September 1999 Page 23 GC 6.03.04 Aircraft and Watercraft Liability Insurance ' .01 Aircraft and watercraft liability insurance with respect to owned or non-owned aircraft and watercraft if used directly or indirectly in the performance of the Work, including use of additional premises, shall be subject to limits of not less than 5 million dollars inclusive per occurrence for bodily injury, death, and damage to property including loss of use thereof, and limits of not less than 5 million dollars for aircraft passenger hazard. Such insurance shall be in a form acceptable to the Owner. The policies shall be endorsed to provide the Owner with not less than 30 Days' written notice in advance of cancellation,change or amendment restricting coverage. ' GC 6.03.05 Property and Boiler Insurance GC 6.03.05.01 Property Insurance .01 All risks property insurance shall be in the name of the Contractor,.-wdh.the<Owner-.,and.the Contract Administrator named,as;additional insureds, insuring-.not.less .than,the sum,jo:the.amount of the _ ' Contract price-and-the full value, as may.be.:stated rn.the, upplemental_.General..Conditions, of Material>that is=specified to be provided�by'-the�Owner for=incorporation into:the:;Work, with_a deductible not exceeding 1%of the amount insured at the site of the Work. This insurance shall be in a,form acceptable to the`Owner`and shall:be maintained continuously until IO,Days.after.the date-of- .._ _ .._. Final Acceptance of the Work,as set out in the Final Acceptance Certificate. GC 6.03.05.02 ' Boiler Insurance :01 BolierinsuranceI'nsuring`d*interests of the Contractor;the`Ownerand the Contract-Administ atorfor 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 �oommencement of use or operation of the property insured until 10 Days after the date of Final Acceptance of the Work,as set out in the Final Acceptance Certificate. ' GC 6:03.05.03 ­Use and Occupancy-of the'Work°Priorto Completion 01:>:Should the Owner wish to use or,.occupy part or all of the Work,prior to.Substantial_Performance,:the ",'Owner will giveI'30'Days.Written notice toAhe°Contractor of the intended purpose and extent of such use or occupancy.=,Priorto such use or occupancy the Contractor shall notify the Owner in writing of the additional premium cost, if any, to maintain property and boiler insurance,which shall be at the Owner's'expense.,°"If because of such use or occupancy,the i Contractor.:is.:unable to provide . coverage;'the Owner:°upon written notice from,the,Contractor,and~:prior!D. ,,sucla;;use�,or.occupancy :..:shall provide;,maintain and pay for property.and.,boiler.insurance:insuring the full:value:of the Work, including coverage for such use or occupancy,-:and:shall:provide the�Contractbr.,Ath--proof of such insurance. -'The `Contractor shall refund to the Owner the uneamed=premiums applicable to the Contractor's policies upon termination of coverage. 02 The policies shall provide that in the event of a loss or damage, payment shall be made to the Owner and the Contractor as their respective interests may appear. The Contractor shall act on behalf of both the Owner and the Contractor for the purpose of adjusting the amount of such loss or damage payment with,the-insurers.,,When the extent of the loss or damage is determined the Contractor shall proceed to restore the Work. Loss or damage shall not affect the rights and obligations of either party under the Contract except that the Contractor shall be entitled to such reasonable extension of ,:Contract Time relative,to the extent of the loss or damage as the Contract Administrator may decide in consultation with the Contractor. OPS General Conditions of Contract-September 1999 Page 25 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 COWWOM of Conftdt-sotembew 1999 Page 27 1 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 actforor'on the Contractor's behalf. Prior to commencement of construction,_the Contractor shall notify the Contract Administrator of the names, addresses;positions and telephone numbers of the Contractor's representatives who can be contacted at any time to deal with matters relating to the Contract .10 The Contractor'shall, at'no,additional cost to the Owner, furnish all reasonable aid, facilities and -assistance required by the Contract Administrator,for the proper inspection and examination of the Work or the'taking of measurements forthe purpose,of payment 11 The Contractor shall prepare,and update as required,a.constr:uction,schedule indicating the timing of the major and critical activities of'the Wont:--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 finds any 1,error, -inconsistency=or omission°`relating to'the Contract, the �`;�Corttractor shall promptipreport'it to the Contract Administrator and shall not.praeed,with`the acctivity . 'affected'until,receiving,dirdc ion from theContrad-Administrator 13 The Contractor shall arrange with the appropriate utility authorities for the stake out of all ' .underground utilities and service connections which may be affected by the Work. The Contractor shall be responsible for any damage done to the underground utilities by the Contractor's forces during'construction 'if the stake`'out locations are`within 'the-`tolerances,given in-paragraph GC ' 2.01.01a). GC 7.02 Layout ' :01';}°Prior-to commencement,of construction;the Contract'Administrator,and the Contractor will:locate on site those property bars, baselines and benchmarks which are necessary to delineate the Working Area and to layout the Work,all as shown on the Contract Drawings. ' .02 The Contractor shall be responsible for the ipreservation.of-all,property barCwhile the.Work is.in progress, except-those property bars.which---must:be-removed„to,.facilitate: the Work. Any other property-bars disturbed, damaged�orremoved by the Contractor's operations-.shall be replaced by an ' Ontario Land Surveyor,at the Contractor's expense. .03 At no extra cost-to the Owner,tie Contractor shall provide the Contract Administrator with such materials and devices as may be necessary to lay out the baseline and benchmarks, and as may be necessary for the inspection of the Work. .04 The'Contractor shall provide qualified personnel to lay out and establish all lines and grades necessary for construction. The Contractor shall notify-the Contract Administrator of any layout work 4 carried out, so that the same may be checked by the Contract Administrator. 05 The Contractor shall install and maintain substantial alignment markers and secondary benchmarks as may be required for the proper execution of the Work. The Contractor shall supply one copy of all alignment and grade sheets to the Contract Administrator. OPS General Conditions of Contract-September 1999 Page 29 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'Contract is discontinued for any extended period including seasonal,-shutdown, ' the Contractor shall, when directed by the Contract Administrator, open and place the Roadway and detours in a passable, safe and satisfactory condition for public travel. 07 Where the Contractor constructs a detour which is .not specifically provided for in the Contract _ Documents;or required by the Contract Administrator, the construction of the detour and, if required, the subsequent removal shalt be performed at the Contractors expense. .-.The detour shall be constructed :and maintained to structural`and ;geometric°standards`:approved by the Contract 'Administrator. Removal and site restorations-shell 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 r traffic diverted'entirelyoff the Highway to any'other Highway,'the Contractor shall,at-no extra cost to `the Owner;1 supply,'erect and maintain`trafftc control devices in,accordance with the MUTCD. 05 Compliance with°the foregoing pro visions shall in no way.relieve theaContractor of obligations under subsection'"°GC 6:01j;°-PMteCtion t^uf'.WorK".'Persons Srfd`-Property, dealing' with.ahe, Contrac toes responsibility for damage claims, except for claims'arising on sections of Highway within the Working Area that are being maintained by others. GC 7.07 Access to Properties Adjoining the Work and Interruption -of Utility Services .01 The Contractor shall provide at all times,and at no extra cost to the Owner, 0 adequate pedestrian and vehicular access;and b) continuity of Utility services ' to properties adjoining the Working Area. .02 The Contractor shall provide at all times and at no extra cost to the Owner access to fire,hydrants, and water and gas valves located in the Working Area. .03 -Where any interruptions in the supply.of_:Utility services are required,-and rare authorized by.the Contract-Administrator, the`Contractor'-shall give the affected--property'owners notice in accordance with subsection'GC 7.11, Notices by the Contractor, and shall arrange such interruptions so as to create a minimum of interference to those affected. GC 7.08 Approvals and Permits :01 Except as'specified in subsection GC 4:02;`Approval and Permits,the Contractor shall obtain:and pay for any permits, licenses,'and certificates which at the date of tender closing, are required for the performance of the Work. .02 The Contractor shall arrange for all necessary inspections required by the approvals and permits specified in paragraph GC 7.08.01. _OPS General Conditions of Contract-September 1999 Page 31 1 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 ma Utility or other man-made object, the Contractor shall not be.required to; ' assume the risks 'and responsibilities arising out of such obstruction, unless the location of the obstruction is shown on the plans or described in the specifications and the location so shown is within the tolerance specified in paragraph GC 2.01.01 a), or unless the presence and location of the ' obstruction has otherwise been made known to the Contractor or could have been determined by the visual site investigation made by the-Contractor in accordance with these General Conditions. .03 During the'course of the Contract, it is the Contractor's�responsibility;to:wnsult-.with Utility companies or other-appropriate authorities for furtheranformation in,regard:to the exactiocation of these Utilities, ' `to exercise the necessary care in construction`operations,-and to-take-such other precautions as are necessary to safeguard the Utility from damage. 1 GC 7.13 Limitations of Operations :01 Except forsuch work as may required by the Contract Administrator to maintainthe Work in a safe_ and satisfactory condition, the •Contractor shall not carry on-operations under the;Contract.on, Sundays without permission in writing from the Contract Administrator. .02 The Contractor shall cooperate with other Contractors, Utility companies and the Owner and they shall be allowed access to their work or plant at all reasonable times. GC 7.14 Cleaning Up Before Acceptance ._.,01''Upon attaining°Substantial Performance of the Work;the Contractor-shall remove surplus-materials,,-< ' of wired for,the rfomianoe of-the remajning Work ; tools,construction machinery and equipment n required pe The Contractor shall also remove all temporary works and debris other than that caused by the Owner,-or others and-leave the Work and Working Area dean and suitable for occupancy by the Owner unless otherwise specified. 02 The Work shall not be deemed to have reached Completion-mtil°the-Contractor•has removed surplus materials,, tools,>construction,machinery and:'equipment. -The Contractor shall also have removed debris, other than that caused by the Owner,or.others. GC 7.15 Warranty .01 The Contractor shall be responsible for the proper performance of the Work only to the extent that the ' design and specifications permit such performance. 02 Subjectto the previous paragraph•the Contractor shall correct promptly, at no additional cost.to the Owner,defects or deficiencies in the Work which appear, ' a) prior to and during the period of 12 months from the date of Substantial Performance of the Work, as set out in the Certificate of Substantial Performance of the Work, b) where the work is completed after the date of Substantial Performance, 12 months after Completion of the Work, c) where there is no Certificate of Substantial Performance, 12 months from the date of Completion of the Work as set out in the Completion Certificate, or OPS Coimrai Conditions of Comma:-sepwr9w 1999 Pape 33 SECTION GC 8.0-MEASUREMENT AND PAYMENT ' GC 8.01 Measurement GC 8.01.01 Quantities .01 The Contract Administrator will make an estimate once a month, in writing, of the quantity of Work performed. The first estimate will be the quantity of Work performed since the Contractor commenced the Contract,'and every subsequent estimate, except the final one, will be of the.quantity of Work performed since the preceding estimate was made. The Contract Administrator will provide the copy of each estimate to the Contractor within 10 Days of the Cut-Off Date. ' ,.02 Such quantities for progress payments shall be construed and held to approximate.- -The final quantities for the issuance of the Completion Certificate shall be based on the measurement of Work completed. .03 Measurement of the,quantities,of the Work.,performed will be either by_!Actual Measurement or by "Plan,Quantity principles as indicated in the�Contract:Adjustments_to�Plan,Quantity measurements =will normally be'made°using'Plan°Quantity pprinciples-but may,°where appropriate, be made using 'Actual Measurements.- Those1temv identified,on-the-Tender`byAhe'notation (P) in the_unit column y.F.;x'shall°be paid ac cording�t6 the'.Plan°Quantity.- ltems`where the'notation (P) does not occur shall be - paid aocording to Actual Measurement ' GC 8.01.02 Variations in Tender Quantities .01 Where it-appears that the quantity of Work to be done'and/or,Material to be supplied by the Contractor under a unit price tender item will exceed or be less-than the.tender quantity, the ' Contractor shall proceed to do the Work and/or supply the Material required to complete the tender item and payment will be made for the.actual amount of Work done and/or Material supplied at the unit prices stated in the Tender except as provided below. a),,Inthe�c ase of-a Allajor Item where the:quantity of Work performed and/or Material.supplied_by the . ., . Contraittorrexceeds the tender quantity-by more than 15%,-either.party to the'Contract-may make a--written request-ta the°other party Ito-. otiate a Arevised unit price for that portion of;the Work performed and/or'Material supplied-which`exceeds 115%af,the tender-quantity., The negotiation shall be carried out as soon as reasonably possible. Any revision of the unit price shall be based on the reasonable cost of doing the Work and/or supplying the Material under the tender item plus a reasonable allowance for profit and applicable overhead. b)`In the case of a Major Item where the`quantity'bf'Workperfotmed vndtor°Material supplied by the Contractor is less than 85% of the tender--quantity,-the Contractor may- a written.request to negotiate for the portion of the actual.;overheads°,and.fixed costs applicable,,,to the amount of the underrun in excess of 15%of the tender quantity: For purposes of,xhe,negotiation,the,overheads ' and fixed costs-applicable to the item are deemed to have been prorated uniformly over 100%of the tender quantity for the item. Overhead costs shall be confirmed by a statement certified by the Contractor's senior financial officer or auditor and may be audited by the Owner. Alternatively, where both parties-agree;..an allowance equal to 10% of the unit price on the amount of.the underrun in excess of 15%of the tender quantity will be paid. Written requests for compensation,must be received no later than 60 Days after the issuance of the Completion Certificate. GC 8.02 Payment 1 GC 8.02.01 Price for Work .01 Prices for the Work shall be full compensation for all labour, Eq.uipment and Material required in its performance. The term "all labour, Equipment and Material" shall include Hand Tools, supplies and other incidentals. OPS General Conditions of Contract-September 1999 Page 35 .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 TheContract'Administratorwill set out in the Certificate of Subcontract<Completion the date on which the subcontract was completed and withiw7-Days of:the date ahe;subcontractis certified,complete, ' = the ContractAdministrator will give a copy of the.certficate to the.Contractor and;to.the Subcontractor concerned. GC 8.02.03.03 '.Subcontract-Statutory Holdback Release Certificate.and Payment .01 Following receipt"of the Certificate of`Subcontract,Completion. the,Owner will release and pay the Contractor the statutory holdback retained in respect of tfie.subcontract.-:Such:release.shall.,be made _ r. 546:Days=after the-date:-the subcontract1was certified complete.,and::providing;the,:Contractor,3submits the following to-the Contract Administrator a) a document'satisfactory to the'Contract Administrator that will release the Owner from all further ' claims relating to the subcontract,qualified by stated exceptions such as holdback monies; b) evidence satisfactory to the Contract Administrator that the Subcontractor has discharged all " liabilities incurred in carrying out the subcontract; c)':a satisfactory clearance certificate or letter from,-the Workplace:Safety,and..Insurance Board ' relating:to the subcontract;and d) a copy-of'the bontractbetween tie Contractor and:.the Subcontractor and,a.satisfactory tatement showing the total amount due the Subcontractor from the Contractor. 02 =Paragraph'GC 8.02:03.03.01.d),will only apply to Lump Sum Items and then only when.the Contract Administrator specifically requests it .03 Upon receipt of the statutory holdback, 'the Contractor-shalt-forthwith.-Vive.the Subcontractor the payment due under the subcontract .04 Release"of statutory holdback by the Owner-in -respect-°of.-a .04 shall not relieve the ' Contractor, or the Contractor's Surety,of any their responsibilities. GC 8.02.03.04 Certification of Substantial Performance ' .01 Upon application by the Contractor and where the Contract has been substantially performed the Contract Administrator will issue a Certificate of Substantial Performance. ' 02 The Contract Administrator will set out in the Certificate of Substantial Performance the date on which x the Contract was substantially performed and within 7 Days after signing the said certificate the Contract Administrator will provide a copy to the Contractor. .03 Upon receipt of a copy of the Certificate of Substantial Performance,the Contractor shall forthwith, as required by Section 32(1) Paragraph 5 of the Construction Lien Act, R.S.O. 1990, c.C.30, as amended, publish a copy of the certificate in a construction trade newspaper. Such publication shall include placement in the Daily Commercial News. OPS General Conditions of Contract-September 1999 Page 37 1 _ GC 8.02.03.07 Completion Payment and Completion Statutory Holdback Release ' Payment Certificates .01 When the Contract Administrator issues the Completion Certificate, the Contract Administrator will also issue the Completion Payment Certificate and the Completion Statutory Holdback Release ' Payment Certificate or where appropriate, a combined payment certificate. .02 The Completion Payment Certificate will show, a) measurement and value of Work at Completion; ' b) the amount of the further statutory holdback based on the value of further work completed over and above the value of work completed shown in the Substantial Performance Payment Certificate referred to above; and ' c) the amount due the Contractor. 03 The Completion Statutory Holdback Release Payment .Certificate,:will: be _a payment certificate 'releasing'-to the Contractorthe'further`statutory holdback: Payment_of suchstatutory holdback shall ' be due 46 Days after the date of Completionbf,#WWork as established by the✓Completion.Certificate but subject to the provisions ofthe Conshvc6on Lien.Act-and:the submission;by;the Contractor of.the _ following documents: a) a release by:the Contractor in a form satisfactory to the Contract Administrator-.releasing the ' Owner from all further 'claims, relating to the Contract; qualified by stated exceptions where appropriate; b) a:statutory declaration in a form satisfactory to the:Contract Administrator that all liabilities incurred ' by the'Contractor.and the'Contractor's Subcontractors in carrying out the Contract have been 'discharged,-qualified by stated exceptions where appropriate;and 0'a satisfactory Certificate of Clearance from the Workplace Safety and Insurance Board.. ' GC 8.02.03.08 Interest 01 Interest due the Contractor is based on simple interest and is calculated-using the applicable Rate of ' Interest. GC 8.02.03.09 Interest for Late Payment ' 01 Provided the Contractor=has complied with the requirements of the Contract including all documentation requirements,when payment by the Owner to the Contractor for Work performed, or for release-of statutory holdback, is delayed by the Owner,�then the.Contractor shall be.entitled to receive interest on the outstanding payment`at the Rate°ofllnterest-Af-paymentA not received on the dates set out below. a) Progress Payment Certificates: 30 Days after-the Cut-Off Date; . b) Certificate bf°Subcontract Completion:-!30 Days after the:date-ortified•as the date on;which,the subcontract was completed; c) Subcontract Statutory Holdback Release Payment Certificate: 76 Days after the date on which the subcontract was completed; d)'Substantial Performance Payment Certificate: 30 Days after the date of issuance of the certificate. e) Substantial -Performance Statutory Holdback' Release' Payment Certificate: 76 Days after publication of the Payment Certificate of Substantial Performance; f) Completion Payment Certificate: 30 Days after the date certified as the date on which the Contract reached Completion; g),Completion.Statutory Holdback Release Payment Certificate: 76 Days after the_date,certified as the date which the Work was completed. .02 If the Contractor has not complied with the requirements of the Contract, including all documentation requirements, prior to expiration of the time periods described in paragraph GC 8.02.03.09.01, interest will only begin to accrue when the Contractor has completed those requirements. OPS General Conditions of contract-September 1999 Page 39 Payroll Burden: means the payments in respect of workplace insurance, vacation pay, employment insurance, public liability and property damage insurance, sickness and accident insurance, pension fund ' and such other welfare and benefit payments forming part of the Contractor's normal labour costs. Rented Equipment: means equipment that is rented or leased for the special purpose of Work on a Time ' and Material Basis from a person, firm or corporation that is not an associate of the lessee as defined by the Securities Act;R.S.O. 1990, c.S.5,as amended,and is approved by the Contract Administrator. Road Work: means-the preparation, construction, finishing and construction maintenance of.roads, streets, highways and-parking lots and includes all work incidental thereto other than work on structures. Sewer and 'Watermain Work: means the preparation, construction, finishing and construction maintenance of sewer systems and watermain systems, and includes all work incidental thereto other than work on structures. ,Standby'Time::',means anyt period of time which'is,not-considered'Working:Ttme.and which.together with the Working Time does not'exceed,10-hours.in:any one KWorking Day:and:during which.time a unit of ' equipment.cannot practically be used,on other:,workbutmust:remaimmn,.the::siteJmorder to,continue.with h itvassigned task-,and during which time the unit is in'fully operable condfion. Structure-Work: "means the construction,-reconstruction, repair,,alteration, remodelling,-renovation or demolition of any-bridge, building,:tunnel or retaining wall and includes the preparation for and the laying of the foundation`of�any'bridge,"building,1unnel'or'retaining-wall"And theAnstallation of equipment and appurtenances incidental thereto. -- The 127 Rate:, means the rate for a unit of equipment as listed in,OPSS"127;Schedule of Rental Rates for Constructioni 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. Y Work-on,a Time vnd-Material-Basis:, means Changes in the:Work; Extra:Work.and,Additional.Work ' approve&by`the'Contract'Administratorfor payment,on a'Tiime sand,'Matenal basis. The Work.on a�Time r «°and yMaterial Basis'shall be=subject to all<'the- term , conditions,'speafications;and:prrovrsions of;the.. .. Contract ' Working Time: ;means each'period of time during which a unit of;:equipment is,-actively,and of.necessity ;engaged on a,specific operation'-and the first 2 hours of each:immediately following period;.during which,:, sthe-unit is-not so engaged but.'during which-the operation{is other rise prQOeediragand.durirrg which time ' _the unit cannot practically be transferred to-otherwork but must remain on the site.in.order to continue with its assigned tasks and during which time the:unit is.in-a,fully operable condition. ' GC 8.02.04.02 Daily Work Records -:01 Daily Work'Records prepared as,the case may be by either the Contractor's. representative or the ContracVAdminishatorand�reporting•thee labour and 1Equipment employed and the.Material used=on each Time and"'Material project,`shall,be,reconciled and signed each day by both the Contractor's representative and the Contract Administrator. ' GC 8.02.04.03 Payment for Work .01 Payment as herein provided shall be full compensation for all labour, Equipment and Material to do the Work on a Time and Material Basis except where there is agreement to the contrary prior to the commencement of the Work on a Time and Material Basis. The payment adjustments on a Time and Material basis shall apply to each individual Change Omer authorized by the Contract Administrator. OPS General Conditions of contract-September 1999 Page 41 .04 When Equipment is transported, solely for the purpose of the Work on a Time and Material Basis, to or from the Working Area on a Time and Material basis, payment will be made by the Owner only in ' respect of the transporting units. When Equipment is moved under its own power it shall be deemed to be working. The method of moving Equipment and the rates shall be subject to the approval of the Contract Administrator. ' GC 8.02.04.07 Payment for Hand Tools .01` Notwithstanding any.other provision of this Section, no payment shall..be made to.the;Contractor for or in respect of Hand Tools or equipment that are tools of the trade. GC 8.02.04.08 Payment for Work By Subcontractors . ' .01 Where the Contractor arranges for Work on a-Time and Material Basis, or_a part of it, to be.performed by Subcontractors-on..a .Time and ;Material ::basis, and,. has..,,received ,approval� prior to the commencement-.of such-;work °in accordance with�,they requirements of subsection . GC: 3.10, Subcontracting bythe Contractor;the Owner will pay,the-,costofYW.ork-one--l"i ne:andiMateriaI Basis by-heSubcontractor.calculatedas,it the.Contrac tor-bad,done-the•Work. n,4T4me�and=Material Basis, plus•a markup calculated on the following basis: a):201/6 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. e02:f,No,further.markup•will be applied.regardless-of,the extent.to which,the work is.assigned or,sublet . to, Jf orissigned: rxublean asothers: w sociate;:as defined �by;the Securities Act mo,markup whatsoever will be applied. GC 8.02.04.09 Submission of Invoices .01 At the start-of-the Work:on:a Time and,Material,.Basis,.the Contractor,,shall,provide the.,applicable x;=labour and,Equipment rates-not already Asubmittedao,the-ContractAdministratorduring the course.of ,, . . ' such work. 02 Separate summaries<shall be,completed bythe'Contractor according:to the=stanoard form, Summary, 1 -for:Payment,of Accounts r on a,Tme.and_Material Basis". . Each.summary shall,include,the order, number and covering dates of the work and shall itemize,separately.labour,:Materials;and-Equipment s Invoices for:Materials;-Rented Equipment and other charges incurred by,the Contractor.on the Work on aTime and Material Basis shallbe included-with_.each..summary. 03 Each.month.the.ContractAdministrator will include<with.the.monthly.,progress paymer}t<ceftifjcate, the costs of the Work on a 'Time sand Material Basis incurred:Auring-the:-preceding-month all in ' accordance with,the contract administrative,procedures and the Contractors invoice of the.Work on a . Time and Material Basis. .04 The'final"Summary for Payment of Acoounts on a Time and Material Basis".shall.be,submitted by the i Contractor within 60 Days after the completion of the Work on a Time and Material Basis. GC 8.02.05 Final Acceptance Certificate ' ,.01;_.After-the.acceptance..of the .Work-,the-Contract Administrator.will issue the.Final. Acceptance Certificate, or, where applicable, after the Warranty Period has expired. The Final.Acceptance Certificate will not be issued until all known deficiencies have been adjusted or corrected, as the case ' may be, and the Contractor has discharged all obligations under the Contract OPS General Conditions of Contract-September 1999 Page 43 i � _ GC 8.02.09 es Liquidated Damages 9 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. t t i OPS General CoWitiom d Contrad-September 1999 Page 45 d