The URL can be used to link to this page

Home My WebLink About2001-204 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2001- 204 Being a By-law to authorize a contract between the Corporation of the Municipality of Clarington and Ron Robinson Ltd., Bowmanville, Ontario, to enter into an agreement for the Guildwood Park Construction, Bowmanville, Ontario. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS FOLLOWS: 1. THAT the Mayor and Clerk are hereby authorized to execute, on behalf of the Corporation of the Municipality of Clarington with the Corporation Seal, a contract between Ron Robinson Ltd, Bowmanville, Ontario, and said Corporation; and 2. THAT the contract attached hereto as Schedule "A" form part of this By-law. 26th Novembe By-law read a first and second time this day of , 201. By-law read a third time and finally passed this 26t8ay of Noveml John on, ayor atti arri Clerk ■ engineers architects planners ' CORPORATION OF THE MUNICIPALITY OF CLARINGTON GUILDWOOD PARK CONSTRUCTION BOWMANVILLE CONTRACT NO. CL2001-38 OCTOBER 2001 r r i UH ' ■ engineers architects planners TSH No. 42-80010 AGREEMENT THIS AGREEMENT made in quadruplicate this 19th day of November 2001 BETWEEN: RON ROBINSON LIMITED of the Regional Municipality of Durham and Province of Ontario g P t1' hereinafter called the "Contractor" THE PARTY OF THE FIRST PART - and- the CORPORATION OF THE MUNICIPALITY OF CLARINGTON hereinafter called the "Purchaser" THE PARTY OF THE SECOND PART WITNESSETH, that the party of the first part, for and in consideration of the payment or payments specified in the tender for this work hereby agrees to furnish all necessary machinery, tools, equipment, supplies, labour, and other means of construction and, to the satisfaction of the Engineer, to do all the work as described hereafter, furnish all the materials except as herein otherwise specified, and to complete such works in strict accordance with the plans, specifications and tender therefore, all of which are to be read herewith and form part of this present agreement as fully and completely to all intents and purposes as though all the stipulations thereof have been embodied herein. Page 1 of 3 DESCRIPTION OF THE WORK AND LIST OF DOCUMENTS Contract No. CL2001-38, Guildwood Park Construction, Bowmanville ADDENDUM NO. 1 - October 16, 2001 A. TENDER FORM: General Pages 1 and 2 Itemized Bid Pages 3 to 12 Bonds Schedule of Tender Data Page 14 B. STANDARD TERMS AND CONDITIONS C. INSTRUCTIONS TO TENDERERS Pages 1 to 4 D. SPECIAL PROVISIONS - GENERAL Pages 1 to 27 E. SPECIAL PROVISIONS - TENDER ITEMS Pages 1 to 25 F. STANDARDS G. PLANS: Drawings No. 80010-01, 02, 03, 04, 05, 06, 07, 08 H. STANDARD SPECIFICATIONS: the applicable edition of the following Ontario Provincial Standard Specifications and Region of Durham Specifications, revised March 2000. OPSS No. Date OPSS No. Date OPSS No. Date OPSS No. Date 127 Current 405 Feb. 1990 514 Apr. 1999 603 Current 128 Current 407 Oct. 1989 516 Apr. 1999 701 Apr. 1999 201 Feb. 1996 410 Apr. 1999 541 Dec, 1990 902 Dec. 1983 206 Nov. 2000 421 Apr. 1999 570 Aug. 1990 904 Jan. 1995 212 Apr. 1999 501 Feb. 1996 571 Aug. 1990 905 May 1994 314 Dec. 1993 506 May 1994 572 Aug. 1990 913 Sept. 1993 351 Sept. 1996 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 June 28, 2002. 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. Page 2 of 3 This agreement shall enure to the benefit of and be binding upon the heirs, executors, administrators and assigns of the Contractor and on the heirs and successors of the Purchaser. IN WITNESS WHEREOF, the Contractor and the Purchaser have hereunto signed their names and set their seals on the day first above written. SIGNED and sealed by the Contractor JE: ) in the presence of ) r ) ) SIGNED and sealed by the Purchaser ) Joh in the presence of ) ) att" I�arri , Clerk Page 3 of 3 CONTRACT NO. CL2001-38 MUNICIPALITY OF CLARINGTON Guildwood Park Construction, Bowmanville ADDENDUM NO. 1 1 of 3 Contractors are hereby advised of the following clarification/modification to Contract CL2001-38. ITEMIZED BID Item B9 -Remove $15,000 total Lump Sum price. Contractor to provide Lump Sum price for this Item. ' SPECIAL PROVISIONS-TENDER ITEMS Item No. B9 (Provisional) -Power Supply to Water Meter Chamber "The lump sum bid under this item shall include..." shall be revised to read: "The lump sum bid under this Item shall include all excavation, directional bore, sand cover,backfill, conduit, cable, grounding, hydro meter, disconnect switch(housed in weatherproof waterplay enclosure), and connection from meter to disconnect switch, all in accordance with Drawing El, the Electrical Code, and to the satisfaction of Veridian Connections. The unit price bid shall also include all connection and inspection fees. Connection to Transformer to be completed by Veridian Connections." CONTRACT DRAWINGS Drawing No. 3 - Note "Proposed Hydro Meter c/w weatherproof..." shall be revised to read "Proposed Hydro Meter, See Drawing El". - Note "Prop. 1500mm x 1500mm Meter/Control Valve Chamber with sump drain See Detail 1/8" shall be revised to include "and Drawing El". - Note "Torpedo/Directional Bore..." shall be deleted and replaced by "See Drawing El For Power Supply Details". Drawing No. 8 -Detail 1/8, Meter/Control Valve Chamber Detail is revised to exclude the 3 notes relating to the Electrical Enclosure. In place of these 3 notes, the Contractor shall refer to Drawing No. El, Electrical Installation Plans and Details. Drawing No. El, Electrical Installation Plans and Details is added to the contract. A reduction of this drawing is included with this faxed Addendum. A full sized copy of Drawing E1 will be sent by courier. 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 Associates 513 Division Street Cobourg, ON K9A 5G6 October 16, 2001 P/42-80010/Specs-Retetder/18847-Add.dce GENERAL ELECTRICAL SPECIFICATIONS a p T 3. 1. COMPLY WITH THE ONTARIO ELECTRICAL SAFETY CODE. MOST RECENT 17. WIRING DEVICES SHALL BE AS FOLLOWS: EDITION AND THE CODES AND REGULATIONS OF ALL GOVERNING V. GROUND FAULT RECEPTACLES - (BLACK) HUBBELL #GF-5262-1 OR SMITH AUTHORITIES HAVING JURISDICTION OVER THE WORK. AND STONE /4-5000. ! 2. VISIT AND EXAMINE THE SITE AND BECOME FAMILIAR WITH ALL CONDITIONS VIL COVER PLATES - (BUCK) - HUBBELL /S7 SERIES OR SMITH AND STONE AFFECTING THE WORK, PRIOR TO SUBMITTING TENDER. NO ALLOWANCES IN /9700 SERIES COST WILL BE MADE BY THE OWNER FOR ANY DIFFICULTIES ENCOUNTERED + IN THE WORK ARISING OUT OF CONDITIONS EXISTING AT THE TIME OF 18, INSTALL NEW TYPED PANEL DIRECTORIES IN ALL NEW PANELS AND ANY TENDERING. SITE VERIFY ALL DIMENSIONS PRIOR TO ORDERING WIRING OR EXISTING PANELS WHICH HAVE BEEN REVISED. �( EQUIPMENT FOR INSTALLATION. 19. SEAL AND WATERPROOF ALL POWER AND CONTROL ACCESS HOLES <. THE CONTRACTOR IS RESPONSIBLE FOR OBTAINING CABLE AND PIPING THROUGH THE ROOF. SUBMIT SHOP DRAWINGS OF ROOF PENETRATION LOCATES` FOR ANY EXISTING UNDERGROUND SERVICES IN THE AREA SEAL UNIT FOR APPROVAL PRIOR TO INSTALLATION. WHERE THE UNDERGROUND INSTALLATIONS ARE TO BE CARRIED OUT. T ALL EMPTY CONDUITS SHALL BE INSTALLED SA11 0 WITH A POLY PULL ROPE LEFT CO-ORDINATE NEW INSTALLATION WITH OTHER TRADES TO AVOID CONFLICTS FOR FUTURE USE, AND LABELLED S BOTH ENDS. DURING THE DURATION OF THIS CONTRACT. - 3. ARRANGE ALL INSPECTIONS OF DRAWINGS, EQUIPMENT, MATERIALS AND 21. ALL JUNCTION OR WIRING BOXES MUST BE INSTALLED SO THAT THEY ARE INSTALLATION OF WORK, AND PAY FOR ALL PERMITS, INSPECTION FEES. ACCESSIBLE FOR FUTURE MAINTENANCE. CERTIFICATES, ETC. CONNECTED THEREWITH. YC DELIVER FINAL CERTIFICATES TO THE CONSULTANT AT THE COMPLETION OF THE PROJECT. 4. OBTAIN TWO EXTRA SETS OF WHITE PRINTS ON WHICH TO NOTE AND / CLEARLY MARK, ANY APPROVED DEVIATIONS FROM THE WORK SHOWN ON / THE PLANS, AS THE JOB PROGRESSES. THESE SETS OF PRINTS SHALL. BE KEPT UP TO DATE AND RETURNED TO THE OWNER FOR RECORD PURPOSES AT THE COMPLETION OF THE PROJECT. 5. GUARANTEE ALL WORK OF THE ELECTRICAL DIVISION OF THE CONTRACT FOR A PERIOD OF ONE YEAR AFTER THE DATE OF ISSUE OF THE FINAL EXISTING ER CERTIFICATE. UNLESS STATED OTHERWISE ON 711E DRAWINGS OR N THE M 70 CONNECT SPECIFICATKINS. ERVICE AT TRANSFORMER) IT SHALL BE UNDERSTOOD THAT IF ANY DEFECTS BECOME EVIDENT WITHIN THE GUARANTEE PERIOD, ALL NECESSARY REPAIRS AND REPLACEMENTS TO THE WORK SHALL BE MADE WITHOUT COSTS TO THE OWNER. ALSO PAY FOR REPAIRS TO ANY OTHER WORK DAMAGED THROUGH DEFECTS IN THE WORK OF THIS SECTION DURING BOTH CONSTRUCTION AND GUARANTEE mmC Pte. RACTOR TO SUPPLY NSTAL) 6. NO ORAL INTERPRETATIONS SHALL BE EFFECTIVE TO MODIFY ANY OF THE PROVISIONS OF THE CONTRACT DOCUMENTS.AL REQUESTS FOR INTERPRETATIONS OR CHANGES SHALL.BE MADE IN WRING TO THE REDUCE TO 41mmC Tom• YDRO METER(SUPPLIED AND INSTALLED BY AN 7. PERFORM ANY AND AL TESTS AS SPECIFIED HEREINAFTER OR AS BASE BY CONTRACTOR REQUIRED BY THE CONSULTANT. 3C/4 SUPPLY ALL NECESSARY LABOUR AND EQUIPMENT FOR THE TESTS. SUPPLY it 41 mmC ALL NECESSARY LABOUR AND EQUIPMENT FOR THE TESTS MEGGER ALL WIRING TO ENSURE THAT INSULATION RESISTANCE IS N ACCORDANCE WITH THE ONTARIO ELECTRICAL SAFELY CODE. DEFECTIVE WIRING SHALL BE REPLACED AND RETESTED. 8. ALL MATERIALS AND EQUIPMENT UNLESS SPECF7CALLY NOTED OTHERWISE ARE TO BE NEW AND HAVE C.SJI AND/OR INSPECTION DEPARTMENT APPROVAL MATERIALS AND EQUIPMENT ARE SPECIFIED BY NAME TO ESTABLISH A STANDARD OF QUALITY AND WORKMANSHIP. PANG.'A' 9. WHERE THE SUPPLY OF AN ITEM,THE WRING OR INSTALLATION METHOD, IS 1 SINGLE LINE DIAGRAM SPECIFIED WIHOUT EXTENSIVE DETAIL.THE REM AND/OR WORK SHALL L N.T.S. CONFORM WTIT•1 THE REQURIEMENTS OF THE GOVERNING AUTHORITY VIZ., HYDRO NSPEC110N DEPARTMENT. PUBLIC UTILITIES TELEPHONE COMPANY. ETC. 10. UNLESS 07HMWISE NOTED,AL EXPOSED WIRING SHALL BE RUN IN E.M.T. CONDUIT. FINAL CONNECTIONS 70 LIGHT FIXTURES AND MOTORS SHAT BE IN LIQUID-TITS CONDIRT. WIRING RUN IN OR BELOW CONCRETE SUBS IN THE BUILDING SHALL BE RUN IN RIGID PVC CONDLNT. CONDUIT DIRECT BURIED BELOW GRADE OR ENCASED IN CONCRETE SHAT BE TYPE R PVC DUCT. 11. EXPOSED CONDUITS SHALL BE RUN IN A MANNER THAT IS AS _ INCONSPICUOUS AS POSSIBLE AND THE NUMBER OF RUNS KEPT TO A MINIMUM. 12. EXPOSED WIRING SHALL BE RUN PARALLEL AND PERPENDICULAR TO BUILDING LANES, WITH EQUAL SPACING AND CONCENTRIC BENDS IN CONDUITS. NO SINGLE RUN SHALL EXCEED THREE EQUIVALENT 90 DEGREE BENDS. INSTAL.PULL BOXES AS REQUIRED WHETHER SHOWN OR NOT. FINISHED GRADE 13. TYPE AC-90. FLEXIBLE ARMOURED CABLE SHALL NOT BE USED. 150 .-•+ BURIAL MARKER TAPE 14. ALL POWER WIRING SHALL BE COPPER. MINIMUM /12AWG, TYPE TWH �- CLEW NATIVE BACK ILL EXCEPT WHERE NOTED OTHERWISE AL CONTROL WIRING SHALL BE 600 COPPER, MINIMUM #14AWG,TYPE TWH. (MIN.) 15. ALL CUTTING AND PATCHING TO BE DONE BY THE CONTRACTOR 16. MOUNTING HEIGHTS - 75 CLEAN SCREENED SAND NORMAL MOUNTING HEIGHT DESIGNATIONS ARE MEASURED FROM THE CENTRE LINE OF THE DEVICE TO THE TOP OF FINISHED FLOOR UNLESS OTHERWISE NOTED: RECEPTACLES - ELEVATED - 1065 MM (3'-6' PANEL80ARDS - 1800 MM MAXIMUM TO TOP OF PANELBOARO. 75 1-75mm RIGID PVC CONDUIT 75 s UNDERGROUND DUCT___ E1 N.T.S. lln 011UL In lawns Hot 3. LEGEND PROVIDE LOCATE FO tSTING U/G SERVICES. qO.p ;� £ -N DvQL0 FO PAN�LL..��IAYOUT. \ iRATEj �, CO-ORDINATE VERI�XAFl FOR w 1 7p � Yr NNECTIO METER. 1{ 1 Z PROVIDE (3) x 19mm COPPER Cl11D RODS VACED AT 3M. P /6 BARE DIED COPPER t1 NO WIRE AT -\DEPTH C/W T1 ADWEID/CpN f RE TRENCH UNDER SIDEW R H U ROAD C/W RIGID \ CONDU 10DOmm(MIN) BELOW ` s P OF 75MAMIN) CONDUIT NOTE WITH NSFO, FOR AT 1 1RANSF JEtt'. P o`s 3�> -� Ifll YOUT 1.30• Panel Schedule GUIIDWOOD PARK 10 Pond PANEL'11' SPL SHPAD 120 / 240 DOb' 05-=-2001 GOA. 1P. 120/240V Ph/Vwe 1P 3W HOW SURFACE dCR DESCRIPTION WATTS I CC1 bU3 I CCI I WATTS I DESCRIPTION BRKR SM VORTEX 1000 1 1 2 1 SPARE 15A sm CFl nffff 200 - SPARE 15A 5 6 yA 7 8 SA. 9 10 1000 1000 iA, 200 200 'B' 1200 Watt � 513 66 Caba.%*Ms% MA 5= on IEL i0905-3n-M21 rA rAIC 906-•372-]621 plennetrat E-.a oa—votd. SECONDARY LIGHTNING ARRESTOR /u saos we uawuxa tuu R amo Mo w®ax xx x.wa wn esoivwxss wr a■va�m to x aoaAwn me l120/24OV. 1 PHASE. 3 WIRE. 0°rB°°TK xOx 12 CIRCUIT PANfl.80ARD WTTH n s we ivas.n s we oa.w�a+ui x,as x osier 2 BREAKER. CONTROL CABINET EEMAC 4X a FPE NBLP SERIES 1524N x 1524W x 4060mm we99- x t Y APPROVED EQUAL. (APPROX)WITH INNER PANEL C/W DRIP SHIELD. PADLOCKABLE �Kln�iK°m IK w°O w mum°ro som DUPLEX GR RECEPTACLE DOUBLE DOORS. CONTRACTOR TO C/W WP COVER VERIFY EQUIPMENT DIMENSIONS. xis r�ose�c w e° °e�wto 1 aTeo a�O° s° °u.m1Ot WATER METER REMOTE READING ivmx: � rr nwac RECEPTACLE MOUNTING HEIGHT O SOA METER BASE A METER ' m. PROVIDE 3X/22 TO A-3 WATER METER IN VALVE CHAMBER CO-OROINATE WITH VORTEX 75mm CONDUIT FOR IPALITY OF F�PMEW OUIREME F� A-1 ELECTRICAL CE01.1laWiLnigton CONDUIT REQUIREMEN,S.300mm HUGH MOUNTING s FOOT.(TYP.) VORTEX VO1-26 CONTROLLER ONTARIO HILTI KWIK-BOLT ANCHOR U C/W WASHER LOCKWASHER AND NUT.(3 PER MTG V v :•:: Fool TYP.) :.y•�-:r, :. :,' GUILDWOOD PARK 25mm NON-SHRINK GROUT.(iYP.) ti'+:i <' •;1:�: ;rt' ;?' #6 AWG BARE COPPER BOWMANMUE •i*a:4.•;.y•••?• �r.•:v :H•a� GROUND CONDUCTOR. DISTRIBUTION MANIFOLD I--�3000mm IN VAULT(BY VORTEX) 19mm EMBEDDED CONDUIT FOR GROUNDING. ELECTRICAL INSTALLATION 3 PANEL LAYOUT PLANS AND DETAILS E1 SCALE: 1:20 6rrdORE00 D11~OLLARD OCG 2001 Irk J.0RE00 DLPOLi/1110 4s-80010 6uu sH. 6wasti AS NOW CLM-38 E'1 PROJECT: TENDER FOR CONTRACT NO. CL2001-38 GUILDWOOD PARK CONSTRUCTION, BOWMANVILLE 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: RON ROBINSON LIMITED Name 307 MaQlegrove Road BOWMANVILLE Ontario. L1C 3K4 +� Address (include Postal Code) 905-697-0400 905-697-0581 Telephone and Fax Numbers Ronald R Robinson Name of Person Signing President Position of Person Signing TENDERS RECEIVED BY: Mrs. Patti Barrie, Clerk Corporation of the Municipality of Clarington Municipal Administration Centre 40 Temperance Street BOWMANVILLE, Ontario. L1C 3A6 P/42-80010/Specs-Retender/18806-sign.wpd Page 1 of 14 pages TENDER CONTRACT NO. CL2001-38 To: The Mayor and Members of Council Corporation of the Municipality of Clarington Re: Contract No. CL2001-38, Guildwood Park Construction, Bowmanville 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, LSpecifications and Conditions. The Contractor understands and accepts that the quantities shown are approximate only, and are subject to I� increase, decrease, or deletion entirely if found not to be required. s 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 14 pages ITEMIZED BID CONTRACT NO. CL2001-38 In accordance with the first paragraph of this Tender, the Contractor hereby offers to complete the work specified for Contract No. CL2001-38 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. SECTION A- SITE WORKS Al. 201 Clearing, grubbing, removals, LS 9,275.00 $ 9,275.00 sp construction fencing, site preparation, construction access and restoration A2. SP Tree pruning LS 300.00 $ 300.00 A3. 570 Topsoil augmentation LS 7,500.00 $ 7,500.00 SP A4. 570 Topsoil delivery&placing to 150 mm m2 16000 2.25 $ 36,000.00 SP depth compacted in place A5. 206 Earth excavation(Rough Grading) m3 2000 12.49 $ 24,980.00 SP (P) A6. SP Supply and install field stone retaining in 67 64.21 $ 4,302.07 walls c/w geotextile AT 212 Earth Borrow(Provisional) m3 500 DELETED SP A8. 421 300 mm dia. Corrugated HDPE in 4 103.95 $ 415.80 SP culvert including excavation, OPSD 802-010 bedding and granular backfill A9 603 Directional Bore in 14 128.25 $ 1,795.50 SP A10 577 Flow Checks (Provisional) 3 54.00 $ 162.00 a) Straw Bale ea b) Silt Fence ea 3 135.00 $ 405.00 c) Rock ea 3 108.00 $ 324.00 Total Section A- (carried forward to Summa 85 459.37) $ , SECTION B - SITE SERVICES B1, 410 250 mm dia. PVC ribbed storm sewer, in 96 101.87 $ 9,779.52 SP 320 Kpa stiffness, incl. excavation, OPSD 802.010 and native backfill Page 3 of 14 pages ITEMIZED BID CONTRACT NO. CL2001-38 In accordance with the first paragraph of this Tender, the Contractor hereby offers to complete the work specified for Contract No. CL2001-38 for the following unit prices. Item Spec. Description of Item Unit Quantity Unit Price Total No. No. B2. 410 300 mm dia. PVC ribbed storm sewer, m 15 109.16 $ 1,637.40 SP 320 Kpa stiffness, incl. excavation, OPSD 802.010 and native backfill B3. 405 Subdrains including excavation, 1840 Granular '13' Type 1 bedding and SP backfill m 846 14.85 $ 12,563.10 a) 100 mm dia. b) 150 mm dia. m 150 17.55 $ 2,632.50 B4. 701 Supply and install 50 mm Type 'K' m 33 100.76 $ 3,325.08 SP Copper Water Line including Connection to Existing Curb Stop. (Provisional) B5. 701 Supply and Install 38 mm Type 'K' m 5 85.75 $ 428.75 SP Copper Waterline to Yard Hydrant and Curb Stop and Box outside of Chamber(Provisional) B6. 407 Supply and Install Water Meter/ LS 19.202.58 $ 19,202.58 SP Equipment Chamber (Provisional) B7. 701 Supply and Install Yard Hydrant, LS 2,970.81 $ 2,970.81 SP Model No. 13-AF108 as supplied by Turf Care, or Approved Equal, including all Nipple and Hose Fittings, Backflow Preventer, Gravel Drainage Sump, Backfill and Compaction (Provisional) B8. 407 Supply and Install Catchbasin- ea 4 3,147.43 $ 12,589.72 SP maintenance Hole including Frame and Grate B9. 603 Supply and Install Electrical Power LS 9,557.25 $ 9,557.25 SP Supply to Water Meter Chamber (Provisional) $ 74,686.71 Total Section B - carried forward to Summa Page 4 of 14 pages ITEMIZED BID CONTRACT NO. CL2001-38 In accordance with the first paragraph of this Tender, the Contractor hereby offers to complete the work specified for Contract No. CL2001-38 for the following unit prices. Item Sp ec. Description of Item Unit Quantity Unit Price Total No. I No. SECTION C -PLANT MATERIAL Cl. 570,571 Sod m2 5,000 2.10 $ 10,500.00 SP (P) C2. 572 Mechanical Seed 1112 11,000 0.65 $ 7,150.00 SP (P) C3. 572 Hydraulic Mulch(Provisional) m2 11,000 DELETED (P) C4. 570 Provide and Install the Following Plant SP Material including Excavation, Pruning, Planting Mixture, Mulch, Watering, Staking. a) Amur Maple,Acer ginnala ea 6 280.00 $ 1,680.00 'Flame', W.B. Single Stem b) Amur Maple,Acer ginnala, ea 7 250.00 $ 1,750.00 W.B. multi-stem. c) Sugar Maple,Acer saccharum ea 13 350.00 $ 4,550.00 d) Serviceberry,Amelanchier ea 5 400.00 $ 2,000.00 canadensis e) Paper Birch, Betula papyrifera ea 5 230.00 $ 1,150.00 fl Hackberry, Celtis occidentalis ea 7 350.00 $ 2,450.00 Autumn Purple Ash Fraxinus ea 11 290.00 $ 3 190.00 g) rP , americana 'Autumn Purple' h) Ginkgo, Ginkgo biloba ea 1 400.00 $ 400.00 i) Shademaster Locust, Gleditsia ea 13 290.00 $ 3,770.00 triacanthos 'Shademaster' j) Seedless Amur Cork Tree, ea 4 290.00 $ 1,160.00 Phellodendron amurense 'Macho' k) Red Oak, Quercus rubra ea 3 350.00 $ 1,050.00 Page 5 of 14 pages ITEMIZED BID CONTRACT NO. CL2001-38 In accordance with the first paragraph of this Tender, the Contractor hereby offers to complete the work specified for Contract No. CL2001-38 for the following unit prices. MItem Spec. Description of Item Unit Quantity Unit Price Total No. No. t1) Ivory Silk Tree Lilac, Syringa ea 3 350.00 $ 1,050.00 reticulata 'Ivory Silk' m) Little Leaf Linden, Tilia cordata ea 11 250.00 $ 2,750.00 n) White Spruce, Picea glauca ea 20 250.00 $ 5,000.00 o) Colorado Blue Spruce, Picea ea 1 350.00 $ 350.00 un ens 'Glauca' p) Eastern White Pine, Pinus ea 3 250.00 $ 750.00 strobus q) Eastern White Cedar, Thuja ea 52 40.00 $ 2,080.00 occidentalis r) Eastern Hemlock, Tsuga ea 2 250.00 $ 500.00 canadensis s) Silverleaf Dogwood, Cornus ea 14 23.00 $ 322.00 alba 'Ele antissima' t) Red Osier Dogwood, Cornus ea 16 25.00 $ 400.00 sericea u) Coral Beauty Cotoneaster, ea 78 25.00 $ 1,950.00 Cotoneaster dammeri 'Coral Beauty' v) Bush Honeysuckle, Diervilla ea 58 27.00 $ 1,566.00 lonicera w) Dwarf Burning Bush, Euonymus ea 101 49.00 $ 4,949.00 alatus 'Com actus' x) Early Forsythia, Forsythia ovata ea 9 25.00 $ 225.00 'Ottawa' y) Common Witch Hazel, ea 3 45.00 $ 135.00 Hamamelis vir iniana z) Annabelle Hydrangea, ea 28 25.00 $ 700.00 Hydrangea arborescens 'Annabelle' aa) Peegee Hydrangea, Hydrangea ea 23 25.00 $ 575.00 aniculata 'Grandi ora' Page 6 of 14 pages ITEMIZED BID CONTRACT NO. CL2001-38 In accordance with the first paragraph of this Tender, the Contractor hereby offers to complete the work specified for Contract No. CL2001-38 for the following unit prices. Item Spec. Description of Item Unit Quantity Unit Price Total No. No. bb) Shrubby Cinquefoil, Potentilla ea 75 25.00 $ 1,875.00 fruticosa 'Abbotswood' cc) Staghorn Sumac, Rhus typhina ea 6 25.00 $ 150.00 dd) Steeplebush, Spiraea alba ea 46 28.00 $ 1,288.00 ee) Goldflame Spiraea, Spiraea x ea 145 25.00 $ 3,625.00 bumalda 'Gold me' ff) Shirobana Spiraea, Spiraea ea 27 27.00 $ 729.00 japonica 'Shirobana' gg) Common Purple Lilac, Syringa ea 36 29.00 $ 1,044.00 vul aris hh) Common White Lilac, Syringa ea 35 29.00 $ 1,015.00 vul aris 'Alba' ii) American Highbush Cranberry, ea 23 26.00 $ 598.00 Viburnum trilobum Johnson's Blue Geranium, ea 66 14.00 $ 924.00 Geranium x 'Johnson's Blue' kk) Stella D'oro Daylily, ea 90 14.00 $ 1,260.00 Hemerocallis 'Stella D'oro' Total Section C- carried forward to Summa Page) $ 76,610.00 SECTION D - SITE FEATURES Dl 310 Supply and install Hot Mix HL3A m2 1770 27.25 $ 48,232.50 314 Asphalt Pathway 1200 mm and 2000 SP mm wide, play pod edging, and bench and bike rack pads, including excavation, Granular `A', compaction, and asphalt surface. D2 314 Supply and install limestone screening m2 90 18.31 $ 1,647.90 SP pathway 1200 mm wide, including excavation, Granular'A', compaction, and limestone screening surface Page 7 of 14 pages ITEMIZED BID CONTRACT NO. CL2001-38 In accordance with the first paragraph of this Tender, the Contractor hereby offers to complete the work specified ' for Contract No. CL2001-38 for the following unit prices. ' Item Spec. Description of Item Unit Quantity Unit Price Total No. No. ' D3 310 Supply and install complete basketball LS 28,885.83 $ 28,885.83 314 court including excavation, Granular SP `A', compaction, HUA Asphalt ' surface, and line painting, 6 goals including concrete footings, standards, backboards, nets and mesh. ' D4 310 Supply and install complete double LS 56,967.02 $ 56,967.02 314 tennis court including excavation, SP Granular `A', compaction, HUA Asphalt surface, and black vinyl fence with two gates and concrete footings, net posts and sleeves, concrete ' footings, nets, cranks, centre anchor bands and line painting. (Provisional) ' Total-Section D (carried forward to Summa Page) $ 135,733.25 ' SECTION E-PLAY PODS E1. SP Provide and Install the following play equipment as per manufacturer's ' specifications and C.S.A. a) Senior play structure by Kompan LS DELETED ' Model Galax - Zibal GXY 904 b) Intermediate play structure by LS 28,667.47 $ 28,667.47 Gametime Model Clarington ' #PS0524 c) Junior play structure by Kompan LS 11,295.19 $ 11,295.19 Model Bungalow#EC670 ' d) Junior play toy by Kompan Model LS 1,531.44 $ 1,531.44 Rabbit#M117 ' e) Junior play toy by Kompan Model LS 1,558.19 $ 1,558.19 Turtle#M 124 f) Junior play toy by Kompan Model LS 4,942.06 $ 4,942.06 Super S ring Seesaw#M142 g) Swings by Gametime Model LS 4,555.95 $ 4,555.95 Primetime Swing with 2 bays, 2 Su erseat-2 2 enclosed tot seats Page 8 of 14 pages ITEMIZED BID CONTRACT NO. CL2001-38 In accordance with the first paragraph of this Tender, the Contractor hereby offers to complete the work specified for Contract No. CL2001-38 for the following unit prices. Item Spec. Description of Item Unit Quantity Unit Price Total Pe P Y No. No. E2. SP Supply and install play pod sand play m2 555 19.45 $10,794.75 surfaces Total Section E- (carried forward to Summa Page) $ 63,345.05 SECTION F- SPRAY PAD (PROVISIONAL) F1. 310 Supply and Install the poured in place LS 37,078.12 $ 37,078.12 351 monolithic concrete spray pad SP complete with rebar, drain and surface treatment. (Provisional) F2. SP Provide and Install the following spray pad equipment as per manufacturer's specifications and C.S.A. (Provisional) a) Ground spray by Vortex Model ea 6 534.14 $ 3,204.84 V02-14 including all required appurtenances (excavation, sand bedding &cover, backfill, Schedule 40 PVC pipe, all required fittings, bases as per manufacturer's requirements) b) Water Tunnel by Vortex Model LS 3,887.01 $ 3,887.01 V02-10 including all required appurtenances (excavation, sand bedding & cover, backfill, Schedule 40 PVC pipe, all required fittings, bases as per manufacturer's requirements) c) Fire hydrant activator by Vortex LS 6,306.74 $ 6,306.74 Model V02-23 including all required appurtenances (excavation, sand bedding & cover, backfill, Schedule 40 PVC pipe, all required fittings, bases as per manufacturer's requirements, and electrical cable & conduit to controller Page 9 of 14 pages ITEMIZED BID CONTRACT NO. CL2001-38 In accordance with the first paragraph of this Tender, the Contractor hereby offers to complete the work specified for Contract No. CL2001-38 for the following unit prices. Item Spec. Description of Item Unit Quantity Unit Price Total No. No. d) Elephant shower by Vortex Model ea 2 6,415.02 $ 12,830.04 V02-29 including all required appurtenances (excavation, sand bedding & cover, backfill, Schedule 40 PVC pipe, all required fittings, bases as per manufacturer's requirements) e) Magic mist by Vortex Model LS 1,608.86 $ 1,608.86 V02-37 including all required appurtenances (excavation, sand bedding &cover, backfill, Schedule 40 PVC pipe, all required fittings, bases as per manufacturer's requirements) f) Three Fall by Vortex Model V02- LS 7,361.61 $ 7,361.61 509 including all required appurtenances (excavation, sand bedding &cover, backfill, Schedule 40 PVC pipe, all required fittings, bases as per manufacturer's requirements) g) Spray loops (4) by Vortex Model LS DELETED V02-49 including all required appurtenances (excavation, sand bedding& cover, backfill, Schedule 40 PVC pipe, all required fittings, bases as per manufacturer's requirements) h) Controller with weatherproof LS 20,245.79 $ 20,245.79 enclosure, 60 amp disconnect manifold switch, back flow preventer and all other equipment required to make the spray equipment functional as per manufacturer's specifications Total Section F (Provisional) - carried forward to Summa Page) $ 92 523.01 Page 10 of 14 pages ITEMIZED BID CONTRACT NO. CL2001-38 In accordance with the first paragraph of this Tender, the Contractor hereby offers to complete the work specified for Contract No. CL2001-38 for the following unit prices. Item Spec. Description of Item Unit Quantity Unit Price Total No. I No. SECTION G- SITE FURNITURE G1 SP Supply and Install Trystan bike racks ea 2 555.01 $ 1,110.02 Model# TC-7 galvanized as per manufacturer's specifications and including concrete footings G2 SP Supply and Install Urbain backless ea 3 1,226.34 $ 3,679.02 benches Model##Laviolette 594002 Ultraplast silver and sand as per manufacturer's specifications and including concrete footings G3. SP Supply and Install Urbain benches ea 7 1,357.02 $ 9,499.14 with backs Model# Laviolette 594101 Ultraplast silver and sand as per manufacturer's specifications and including concrete footings G4. SP Supply and Install Urbain garbage ea 5 968.75 $ 4,843.75 cans, Public Place Model# 184418 sand colour&cover 1OCA402 as per manufacturer's specifications and including concrete footings Total Section G- (carried forward to Summa Page) $ 19,131.93 Page 11 of 14 pages ITEMIZED BID CONTRACT NO. CL2001-38 In accordance with the first paragraph of this Tender, the Contractor hereby offers to complete the work specified for Contract No. CL2001-38 for the following unit prices. Item Sec. Descri P P tion of Item Unit I Quantity Unit Price Total No. No. SUMMARY: Total Section A- Site Works $ 85,459.37 Total Section B - Site Services $ 74,686.71 Total Section C -Plant Material $ 76,610.00 Total Section D- Site Features $ 135,733.25 Total Section E-Play Pods $ 63,345.05 Total Section F- Spray Pad $ 92,523.01 Total Section G- Site Furniture $ 19,131.93 Testing Allowance $ 2,000.00 Contingency $ 50,000.00 Total (excluding GST) $ 599,489.32 GST (7% of Total) $ 41,964.25 '1`E1TA1 ' �'1�w1D x4UU1'T ti41,45 . 7; Tenderer's GST Registration No. R104620729 i 1 Page 12 of 14 pages AGREEMENT TO BOND (to be completed by Bonding Company) CONTRACT NO. CL2001-38 Bond No. TS306323/88 WE, the Undersigned, HEREBY AGREE to become bound as Surety for RON ROBINSON LIMITED in a Performance Bond totalling ONE HUNDRED PERCENT (100%) of the Total Tender Amount, and a Labour and Material Payment Bond totalling ONE HUNDRED PERCENT (100%) of the Total Tender Amount, and conforming to the Instruments of Contract attached hereto, for the full and due performance of the works shown or described herein, if the Tender for Contract No. CL2001-38 is accepted by the Authority. IT IS A CONDITION of this Agreement that if the above mentioned Tender is accepted, application for a Performance Bond and a Labour and Material Payment Bond must be made to the Undersigned within TEN (10) DAYS of Notice of Contract Award, otherwise the Agreement shall be null and void. DATED AT Toronto this 11th day of October 2001 The Guarantee Company of North America Name of Bonding Company Brian Edmunds Signature of Authorized Person Signing for Bonding Company (BONDING COMPANY SEAL) Attorn -in-Fac Position (This Form shall be completed and attached to the Tender Submitted). Page 13 of 14 pages SCHEDULE OF TENDER DATA CONTRACT NO CL2001-38 The work specified in the Contract shall be performed in strict accordance with the following Schedule: A. TENDER FORM: General Pages 1 and 2 Itemized Bid Pages 3 to 12 Agreement to Bond Page 13 Schedule of Tender Data Page 14 B. STANDARD TERMS AND CONDITIONS C. INSTRUCTIONS TO TENDERERS Pages 1 to 4 D. SPECIAL PROVISIONS - GENERAL Pages 1 to 27 E. SPECIAL PROVISIONS -TENDER ITEMS Pages 1 to 25 F. STANDARDS G. PLANS: Drawings No. 80010-01, 02, 03, 04, 05, 06, 07, 08 H. STANDARD SPECIFICATIONS: It shall be the Contractor's responsibility to obtain the applicable edition of the following Ontario Provincial Standard Specifications and Region of Durham Specifications, revised March 2000. OPSS No. Date OPSS No. Date OPSS No. Date OPSS No. Date 127 Current 405 Feb. 1990 514 Apr. 1999 603 Current 128 Current 407 Oct. 1989 516 Apr. 1999 701 Apr. 1999 201 Feb. 1996 410 Apr. 1999 541 Dec, 1990 902 Dec. 1983 206 Nov. 2000 421 Apr. 1999 570 Aug. 1990 904 Jan. 1995 212 Apr. 1999 501 Feb. 1996 571 Aug. 1990 905 May 1994 314 Dec. 1993 506 May 1994 572 Aug. 1990 913 Sept. 1993 351 Sept. 1996 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. By my/our signature hereunder, I/we hereby identify this as the Schedule of Tender Data, Plans and Specifications, for Contract No. CL2001-38, executed by me/us bearing date the 19th day of October 2001. SIGNATURE POSITION: PRESIDENT (COMPANY SEAL) NAME OF FIRM: RON ROBINSON LIMITED This is page 14 of 14 pages to be submitted as the tender submission for Contract No. CL2001-38. i 1 CORPORATION OF THE MUNICIPALITY OF CLARINGTON STANDARD TERMS AND CONDITIONS P/42-80010/Specs-Retended18607.dW 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 9— "Payments"of the "Special Provisions—General" Section of the Contract. ' . Clause 15 of the "Standard Terms and Conditions"shall be superceded by Clause 1— "Guaranteed Maintenance" of the "Special Provisions—General" Section of the Contract. Clause 16 of the"Standard Terms and Conditions" is not applicable to this Contract. Clause 23 of the"Standard Terms and Conditions" shall be superceded by Clause 6.03.02 of the OPS General Conditions of Contract (September 1999)which requires a $5,000,000.00 liability coverage. Clause 26 of the"Standard Terms and Conditions" shall be superceded by Clause 18— "Workplace Hazardous Materials Information System (WHMIS)", Clause 30— "Compliance with the Occupational Health and Safety Act" (which also includes the Municipalilty of Clarington's "Contractor Safety" Documents) and Clause 31 — "Govemmental Requirements" all from the "Special Provisions—General" Section of the Contract. iTerm-MOC_Doc/B21M 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. iContract - The purchase order authorizing the company to perform the work, purchase order alterations,the document and addenda,the bid,and surety. ' Subcontractor-A person,firm or corporation having a contract with the company for,or any part of, the work. Document - The document(s) issued by the Municipality in response to which bids are invited to perform the work in accordance with the specifications contained in the document. ' Bid-An offer by a Bidder in response to the document issued by the Municipality. Work-All labour, materials, products, articles, fixtures, services, supplies, and acts required to be done,furnished or performed by the company,which are subject to the Contract. 2. SUBMISSION OF BID Bid invitation shall be in accordance with the Municipality of Clarington Purchasing By-law#94-129 and will apply for the calling, receiving, and opening of bids. The Municipality will be responsible for evaluating bids,awarding and administering the contract in accordance with the Purchasing By-law. The bid must be submitted on the form(s) and in the envelope supplied by the Municipality unless otherwise provided herein. The envelope must not be covered by any outside wrappings, i.e.courier envelopes or other coverings. The bid must be signed by a designated signing officer of the Bidder. If a joint bid is submitted,it must be signed on behalf of each of the Bidders. The bid must be legible, written in ink, or typewritten. Any form of erasure, strikeout or over-writing must be initialled by the Bidder's authorized signing officer. , The bid must not be restricted by a covering letter, a statement added, or by alterations to the document unless otherwise provided herein. Failure to return the document or invitation may result in the removal of the Bidder from the Municipality's bidder's list. A bid received after the closing date and time will not be considered and will be returned,unopened. Should a dispute arise from the terms and conditions of any part of the contract, regarding meaning, intent or ambiguity,the decision of the Municipality shall be final. 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 specked in the contract. Time shall be of the essence of the contract. ' 7. PRICING Prices shall be in Canadian Funds,quoted separately for each item stipulated, F.O.B.destination. Prices shall be firm for the duration of the contract. Prices bid must include all incidental costs and the Company shall be deemed to be satisfied as to the full requirements of the bid. No claims for extra work will be entertained and any additional work must be authorized in writing prior to commencement. Should the Company require more information or clarification on any point, it must be obtained prior to the submission of the bid. Payment shall be full compensation for all costs related to the work, including operating and overhead costs to provide work to the satisfaction of the Municipality. All prices quoted shall include applicable customs duty, excise tax, freight, insurance, and all other charges of every kind attributable to the work. Goods and Services Tax and Provincial Sales Tax shall be extra and not shown, unless otherwise specified herein. If the Bidder intends to manufacture or fabricate any part of the work outside of Canada, it shall ' arrange its shipping procedures so that its agent or representative in Canada is the importer of record for customs purposes. Should any additional tax, duty or any variation in any tax or duty be imposed by the Government of Canada or the Province of Ontario become directly applicable to work specified in this document subsequent to its submission by the Bidder and before the delivery of the work covered thereby pursuant to a purchase order issued by the Municipality appropriate increase or decrease in the price ' of work shall be made to compensate for such changes as of the effective date thereof. ' 8. TERMS OF PAYMENT Where required by the Construction Lien Act appropriate monies may be held back until 60 days ' after the completion of the work. Payments made hereunder,including final payment shall not relieve the company from its obligations or liabilities under the contract. Acceptance by the company of the final payment shall constitute a waiver of claims by the company against the Municipality, except those previously made in writing in accordance with the contract and still unsettled. The Municipality shall have the right to withhold from any sum otherwise payable to the company such amount as may be sufficient to remedy any defect or deficiency in the work, pending correction Of it. Payment may be made 30 days after delivery pursuant to the Bidder submitting an invoice, contract ' requirements being completed and work being deemed satisfactory. 9. PATENTS AND COPYRIGHTS The company shall,at its expense,defend all claims,actions or proceedings against the Municipality based on any allegations that the work or any part of the work constitutes an infringement of any patent, copyright or other proprietary right, and shall pay to the Municipality all costs, damages, charges and expenses, including its lawyers'fees on a solicitor and his own client basis occasioned to the Municipality by reason thereof. The company shall pay all royalties and patent license fees required for the work. If the work or any part thereof is in any action or proceeding held to constitute an infringement, the company shall forthwith either secure for the Municipality the right to continue using the work or shall at the company's expense, replace the infringing work with non-infringing work or modify it so that the work no longer infringes. 10. ALTERNATES Any opinion with regard to the use of a proposed alternate determined by the Municipality shall be final. Any bid proposing an alternate will not be considered unless otherwise specified herein. 11. EQUIVALENCY ' Any opinion determined by the Municipality with respect to equivalency shall be final. ' 12. ASSIGNMENT AND SUBCONTRACTING The company shall not assign or subcontract the contract or any portion thereof without the prior ' written consent of the Municipality. 13. FINANCING INFORMATION REQUIRED OF THE COMPANY The Municipality is entitled to request of the Company to furnish reasonable evidence that financial arrangements have been made to fulfill the Municipalitys obligations under the Contract. i 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 specked 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 Bidder's shown address given in the bid of a notice of award to a bidder by the Municipality shall constitute notice of acceptance of contract by the Municipality to the extent described in the notice of award. 17. DEFAULT BY COMPANY a. If the company:commits any act of bankruptcy; or if a receiver is appointed on account of its insolvency or in respect of any of its property; or if the company makes a general assignment for the benefit of its creditors; then, in any such case, the Municipality may, without notice:terminate the contract. b. If the company: fails to comply with any request, instruction or order of the Municipality; or fails to pay its accounts; or fails to comply with or persistently disregard statutes,regulations, by-laws or directives of relevant authorities relating to the work;or fails to prosecute the work with skill and diligence; or assigns or sublets the contract or any portion thereof without the ' Municipality's prior written consent; or refuses to correct defective work; or is otherwise in default in carrying out its part of any of the terms, conditions and obligations of the contract, then, in any such case, the Municipality may, upon expiration of ten days from the date of written notice to the company,terminate the contract. tC. Any termination of the contract by the Municipality, as aforesaid, shall be without prejudice to any other rights or remedies the Municipality may have and without incurring any liability ' whatsoever in respect thereto. d. If the Municipality terminates the contract, it is entitled to: i) take possession of all work in progress, materials and construction equipment then at the project site(at no additional charge for the retention or use of the construction equipment), and finish the work by whatever means the Municipality may deem ' appropriate under the circumstances; ii) withhold any further payments to the company until the completion of the work and ' the expiry of all obligations under the Correction of Defects section; iii) recover from the company loss, damage and expense incurred by the Municipality by reason of the company's default (which may be deducted from any monies due or becoming due to the company, any balance to be paid by the company to the Municipality). ' 18. CONTRACT CANCELLATION The Municipality shall have the right, which may be exercised from time to time, to cancel any uncompleted or unperformed portion of the work or part thereof. In the event of such cancellation, ' the Municipality and the Company may negotiate a settlement. The Municipality shall not be liable to the Company for loss of anticipated profit on the cancelled portion or portions of the work. 19. QUANTITIES Unless otherwise specified herein, quantities are shown as approximate, are not guaranteed to be accurate,are furnished without any liability on behalf of the Municipality and shall be used as a basis for comparison only. Payment will be by the unit complete at the bid price on actual quantities deemed acceptable by the Municipality. 20. SAMPLES Upon request, samples must be submitted strictly in accordance with instructions. If samples are requested subsequent to opening of bids, they shall be delivered within three (3) working days following such request, unless additional time is granted. Samples must be submitted free of charge and will be returned at the bidder's expense, upon request, provided they have not been destroyed by tests,or are not required for comparison purposes. The acceptance of samples by the Municipality shall be at its sole discretion and any such acceptance shall in no way be construed to imply relief of the company from its obligations under the contract. Samples submitted must be accompanied by current Material Safety Data Sheets (MSDS) where applicable. 21. SURETY The successful tenderer shall, if the Municipality in its absolute discretion so desires, be required to satisfy surety requirements by providing a deposit in the form of a certified cheque, bank draft or ' money order or other form of surety, in an amount determined by the Municipality. This surety may be held by the Municipality until 60 days after the day on which all work covered by the contract has been completed and accepted. The surety may be returned before the 60 days have elapsed ' providing satisfactory evidence is provided that all liabilities incurred by the company in carrying out the work have expired or have been satisfied and that a Certificate of Clearance from the Workers' Compensation Board has been received. The company shall, if the Municipality in its absolute discretion so desires, be required to satisfy fidelity bonding requirements by providing such bonding in an amount and form determined by the Municipality. ' Failure to furnish required surety within two weeks from date of request thereof by the Municipality shall make the award of the Contract by the Municipality subject to withdrawal. ' 22. WORKPLACE SAFETY AND INSURANCE BOARD All of the Company's personnel must be covered by the insurance plan under the Workplace Safety and Insurance Act, 1997. Upon request by the Municipality, an original Letter of Good Standing for the Workplace Safety and Insurance Board shall be provided prior to the commencement of Work indicating all payments by the Company to the Board have been made. Prior to final payment, a 1 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. 1 1 1 r 1 r i 1 CORPORATION OF THE MUNICIPALITY OF CLARINGTON CONTRACT NO. CL2001-38 i 1 1 1 1 r r INSTRUCTIONS TO TENDERERS r P/42-80020/Specs-Retender/18808.wpd INDEX ' INSTRUCTIONS TO TENDERERS ' CONTRACT NO. CL2001-38 ' CLAUSE SUBJECT PAGE 1. GENERAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 2. BLANK FORM OF TENDER . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 3. TENDER DEPOSITS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 4. BONDS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 5. RIGHT TO ACCEPT OR REJECT TENDERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 6. UNACCEPTABLE TENDERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 7. ABILITY AND EXPERIENCE OF TENDERER . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 8. PROVINCIAL SALES TAX . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 9. GOODS AND SERVICES TAX (GST) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 10. EXECUTE CONTRACT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 11. COMMENCEMENT OF WORK . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 r13. CROSS-SECTIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 14. TENDERERS TO INVESTIGATE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 15. INQUIRIES DURING TENDERING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 16. DEFINITION OF OWNER/AUTHORITY AND ENGINEER/CONTRACT ADMINISTRATOR . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 17. ADDENDA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 18. UTILITIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 PAGE ONE 1 INSTRUCTIONS TO TENDERERS CONTRACT NO. CL2001-38 ' 1. GENERAL SEALED Tenders in the envelopes provided marked "Contract No. CL2001-38" will be received until: 2:00:00 p.m., FRIDAY, OCTOBER 19, 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. $ 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. CL2001-38 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. An agreement to bond must be submitted with the tender bid. Bonding company standard "Agreement to Bond" forms are acceptable. ' 5. RIGHT TO ACCEPT OR REJECT TENDERS The Authority reserves the right to reject any or all tenders or to accept any tender should it be deemed to be in its best interest to do so. Tenders which are incomplete, conditional or obscure, or which contain additions not called for, erasures, alterations, or irregularities of any kind, may be rejected as informal. Tenders will not be accepted unless submitted in the envelopes provided. 6. UNACCEPTABLE TENDERS Each item in the Tender Form shall include a reasonable price for such item. Under no circumstances will an unbalanced tender be considered. The Authority and the Contract Administrator will be the sole judge of such matters, and should any tender be considered to be unbalanced, then it will be rejected by the Authority. 7. ABILITY AND EXPERIENCE OF TENDERER The Authority reserves the right to reject any tender where satisfactory evidence of sufficient capital, plant and experience to successfully prosecute and complete the work in the specified time, is not furnished by the Tenderer. iINSTRUCTIONS TO TENDERERS CONTRACT NO. CL2001-38 3. 8. PROVINCIAL SALES TAX Provincial Retail Sales Tax shall be included in tendered prices for material supplied under this Contract. 9. GOODS AND SERVICES TAX (GST) The Tenderer shall NOT include any amount in his tender unit prices for the Goods and Services Tax. The GST will be shown on each payment certificate and will be paid to the Contractor in addition to the amount certified for payment and will therefore not affect the Contract unit prices. 10. EXECUTE CONTRACT Tenders shall be open for acceptance for a period of 30 days after the closing date. After this time the tender may only be accepted with the consent of the successful Tenderer. The successful Tenderer shall execute the Contract Documents and furnish the required bonds within 10 calendar days of receipt of notification of Acceptance of Tender. Failure by the successful Tenderer to meet the above requirements will entitle the Authority to cancel the award of the Contract and to retain the tender deposit as compensation for damages sustained due to the successful Tenderer's default. The Authority may then award the Contract to one of the other Tenderers or take such other action as it chooses. 11. COMMENCEMENT OF WORK The successful Tenderer shall commence work at the site within 7 calendar days of the official commencement date as specified in the written order issued in accordance with GC7.01.02 of the General Conditions. i12. LOCATION The work is located west of Guildwood Drive between Sprucewood Crescent and Lownie Court, Bowmanville, Municipality of Clarington. 13. CROSS-SECTIONS Design cross-sections may be viewed for information purposes at the Consultant's office. i INSTRUCTIONS TO TENDERERS CONTRACT NO. CL2001-38 4. 14. TENDERERS TO INVESTIGATE Tenderers must satisfy themselves by personal examination of the site and by such other means as they may prefer as to the actual conditions and requirements of the work. The Tenderer shall carefully examine all plans and profiles so that the unit prices tendered are commensurate with the nature of the work. It shall be the Contractor's responsibility to thoroughly inspect the site of the proposed works, determine the location of any buried or obstructing services and make satisfactory arrangements for interference with such service with the proper jurisdictional agency. 15. INQUIRIES DURING TENDERING The Tenderer is advised that inquiries regarding the interpretation of the plans or specifications, shall be directed to the Contract Administrator, TSH, Telephone: 905-372-2121, attention: Mike Hubicki, OALA or Ron Albright, P.Eng. 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. 18. UTILITIES For additional information regarding existing utilities the Contractor may contact the following personnel: Veridian Hydro: Mr. Peter Petriw, P.Eng. EnbridgeConsumers Gas:Mr. Frank Cholewa Tel: 888-420-0070 Tel: 800-361-0621 extension 3252 extension 2672 Bell Canada: Mr. Mark Clarey Rogers Cable Inc.: Ms. Cindy Ward Tel: 905-433-3632 Tel: 905-436-4138 r �r CORPORATION OF THE MUNICIPALITY OF CLARINGTON CONTRACT NO. CL2001-38 SPECIAL PROVISIONS - GENERAL P/42-80010/Specs-Re[ender/18809.wpd INDEX SPECIAL PROVISIONS-GENERAL CONTRACT NO. CL2001-38 CLAUSE SUBJECT PAGE 1. GUARANTEED MAINTENANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 2. CONTRACT TIME AND LIQUIDATED DAMAGES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 3. CONTRACTOR'S AUTHORIZED REPRESENTATIVE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 4. OPS GENERAL CONDITIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 5. LAYOUT 2 6. LABOUR CONDITIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 7. RESTRICTIONS ON OPEN BURNING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 8. SUPPLY OF MATERIALS 6 9. PAYMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 10. UTILITIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 11. DUST CONTROL 8 12. TRAFFIC CONTROL, FLAGGING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 13. CONTRACTOR'S SUPPLY OF CONSTRUCTION SIGNS . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 14. MAINTENANCE OF TRAFFIC 9 15. EMERGENCY AND MAINTENANCE MEASURES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 16. MANAGEMENT AND DISPOSAL OF EXCESS MATERIAL . . . . . . . . . . . . . . . . . . . . . . . . . 10 17. OCCUPATIONAL HEALTH AND SAFETY ACT 1991 - DESIGNATED SUBSTANCES . 11 18. WORKPLACE HAZARDOUS MATERIAL INFORMATION SYSTEM (WHMIS) . . . . . . . . . . . 12 19. SPILLS REPORTING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 20. ASPHALT MIX DESIGNS 12 21. CONCRETE MIX DESIGNS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 22. APPLICABLE STANDARD SPECIFICATIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 23. AMENDMENT TO OPSS 353 16 24. AMENDMENT TO OPSS 102 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 25. AMENDMENT TO OPSS 570 . . . . . . . . . . . . . . . 16 26. AMENDMENT TO OPSS 1820; CONCRETE PIPE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 27. DELIVERY OF TEST SAMPLES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 28. PREPARATION AND POSTING OF REQUIREMENTS FOR WORK IN CONFINED SPACES 18 29. CONFINED SPACE ENTRY . 18 30. COMPLIANCE WITH THE OCCUPATIONAL HEALTH AND SAFETY ACT . . . . . . . . . . . . . 19 31. GOVERNMENTAL REQUIREMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 32. ENTRY ONTO PRIVATE PROPERTY 21 33. STORAGE AREAS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 34. GENERAL LIABILITY INSURANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 35. CONSTRUCTION LIEN ACT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 36. PROPERTY OWNER'S RELEASE OF PRIVATELY OWNED LAND USED BY THE CONTRACTOR . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 37. WORKPLACE SAFETY AND INSURANCE BOARD . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 38. REVIEW OF SHOP/WORKING DRAWINGS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 39. TREE PROTECTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 40. OPERATION AND MAINTENANCE MANUAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 PAGE ONE SPECIAL PROVISIONS - GENERAL CONTRACT NO. CL2001-38 1. GUARANTEED MAINTENANCE Section GC7.15.02 of the General Conditions is revised in that the Contractor shall guarantee and maintain the entire work called for under this Contract for a period of twenty-four(24) months. The Contractor shall make good in a permanent manner, satisfactory to the Authority, any and all defects or deficiencies in the work, both during the construction and during the period of maintenance as aforesaid. The Contractor shall commence repairs on any work identified as defective under this clause within 48 hours of receipt of notice from the Authority or the Contract Administrator. The decision of the Authority and the Contract Administrator shall be final as to the necessity for repairs or for any work to be done under this Section. 2. CONTRACT TIME AND LIQUIDATED DAMAGES (1) Time Time shall be the essence of this Contract. For purposes of this Contract, GC 1.04 of the General Conditions is revised, in that Contract Time means the time stipulated herein for Completion of the Work as defined in Clause GC 1.06. (2) Progress of the Work and Contract Time The Contractor shall accomplish completion of this Contract as defined in GC1.06 of the General Conditions on or before June 28, 2002. If the contract time above specified is not sufficient to permit completion of the work by the Contractor working a normal number of hours each day or week on a single daylight shift basis, it is expected that additional and/or augmented daylight shifts will be required throughout the life of the contract to the extent deemed necessary by the Contractor to insure that the work will be completed within the contract time specified. Any additional costs occasioned by compliance with these provisions will be considered to be included in the prices bid for the various items of work and no additional compensation will be allowed therefor. (3) Liquidated Damages It is agreed by the parties to the contract that in case all the work called for under the contract is not completed by the date specified, or as extended in accordance with Section GC3.07 of the General Conditions, a loss or damage will be sustained by the Authority. Since it is and P I PROVISIONS- S EC ALGENERAL CONTRACT NO. CL2001-38 2. will be impracticable and extremely difficult to ascertain and determine the actual loss or damage which the Authority will suffer in the event of and by reason of such delay, the parties hereto agree that the Contractor will pay to the Authority the sum of FOUR HUNDRED DOLLARS ($400.00) as liquidated damages for each and every calendar day's delay in achieving completion of the work beyond the date prescribed. It is agreed that this amount is an estimate of the actual loss or damage to the Authority which will accrue during the period in excess of the prescribed date for completion. The Authority may deduct any amount under this paragraph from any moneys that may be due or payable to the Contractor on any account whatsoever. The liquidated damages payable under this paragraph are in addition to and without prejudice to any other remedy, action or other alternative that may be available to the Authority. 3. CONTRACTOR'S AUTHORIZED REPRESENTATIVE Authorized representative as referenced in GC7.01.07 is defined as an employee of the 1 Contractor. 4. OPS GENERAL CONDITIONS Wherever in this Contract reference is made to the General Conditions, it shall be interpreted as meaning the OPS General Conditions of Contract, September 1999. 5. LAYOUT Layout shall be in accordance with Section GC7.02. The Contract Administrator shall supply digital coordinates to the Contractor for the establishment of primary alignment and grade controls necessary for construction. 6. 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, 1980 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. i SPECIAL PROVISIONS-GENERAL CONTRACT NO. CL2001-38 3. Definitions 1 For the purposes of this Special Provision, (a) "regular rate" means, (i) the hourly rate paid to an employee for their normal non-overtime work week, or; (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 a person employed on work on roads being done under this Contract 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 person employed on work on structures being done under this g P mP 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 SPECIAL PROVISIONS-GENERAL CONTRACT NO. CL2001-38 4. 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. 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 tWhere 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.I I 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 SPECIAL PROVISIONS-GENERAL CONTRACT NO. CL2001-38 5. 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 part of the work contemplated by the Contract. 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 i (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 SPECIAL PROVISIONS-GENERAL CONTRACT NO. CL2001-38 6. 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. 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. 7. 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. j ' SPECIAL PROVISIONS-GENERAL CONTRACT NO, CL2001-38 7• S. 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 1 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 following:_ 6.85.25 Flasher Beacon, Aluminum(121.310) 9.20.10 Coal Tar Epoxy (2) fly the addition of the following_ 9.20.10 (Structural Steel) Coal Tar Epoxy 9.20.15 (Structural Steel) Coal Tar Epoxy ' 9. PAYMENTS 1 Except as herein provided, payments under this Contract will be made in accordance with Section GC8.02.03 of the General Conditions. Notwithstanding the provisions of the General Conditions respecting certification and payment, the Authority may withhold 21/2 percent of the total value of work performed beyond the expiration of 46 days from the date of publication of the Certificate of Substantial Performance, to enable the Contract Administrator to produce the final detailed statement of the value of all work done and material furnished under the Contract. As a condition of holdback reduction from 10% to 2-1/2%, the Contractor shall supply a Statutory Declaration as defined in GC8.02.03.07 03)(b) and advertise the Certificate of Substantial Performance per GC8.02.03.04(03). The Completion Payment Certificate to include statutory holdback release, will be issued within 120 days after the date for completion as specified under GC 1.06. The date for interest due to late payment shall commence following 180 days after the date of completion of the work. As a condition of the final holdback payment, the Contractor shall provide the required Property Owner's Releases as specified elsewhere, as appropriate. ' SPECIAL PROVISIONS-GENERAL CONTRACT NO. CL2001-38 8. 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 I 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. 10. 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. 11. DUST CONTROL As a part of the work required under Section GC7.06 of the General Conditions, the Contractor shall take such steps as may be required to prevent dust nuisance resulting from his operations either within the right-of-way or elsewhere or by public traffic where it is the Contractor's responsibility to maintain a roadway through the work. Where the work requires the sawing of asphalt or the sawing or grinding of concrete, blades and grinders of the wet type shall be used together with sufficient water to prevent the incidence of dust, wherever dust would affect traffic or wherever dust would be a nuisance to residents of the area where the work is being carried out. The cost of all such preventative measures shall be borne by the Contractor except however where water or calcium chloride is used to reduce the dust caused by traffic on a roadway which it is the Contractor's responsibility to maintain for public traffic, the cost of such quantities of water and calcium chloride as are authorized by the Contract Administrator to restrict dust to acceptable levels, shall be paid for by the Authority at the contract prices for Application of Water or Application of Calcium Chloride. ' SPECIAL PROVISIONS-GENERAL CONTRACT NO. CL2001-38 9. t12. TRAFFIC CONTROL, FLAGGING Flagging for traffic control on this Contract shall be in conformance with the procedure outlined in the pamphlet entitled "Correct Methods for Traffic Control" issued by the Construction Safety Associations of Ontario. Copies of this pamphlet may be obtained by request from the Ministry of Transportation's District Office. Each flagman shall, while controlling traffic, wear the following: (i) an approved fluorescent blaze orange or fluorescent red safety vest, and (ii) an approved fluorescent blaze orange or fluorescent red armband on each arm, and (iii) an approved fluorescent blaze orange or fluorescent red hat. ' 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: t TC-41A CONSTRUCTION ZONE BEGINS 8 ' 1 TC-41B CONSTRUCTION ZONE ENDS 8 ' Traffic controls shall be operational before work affecting traffic begins. 14. MAINTENANCE OF TRAFFIC The following traffic maintenance arrangements shall be in effect during work on this Contract. Guildwood Drive shall remain open to traffic at all Wines. lane reductions with flagging will be allowed for road crossings. It is understood that implementation of traffic controls will require ongoing review and adjustment to suit construction operations. No deviation from the above procedure will be allowed except with the approval of the Engineer. SPECIAL PROVISIONS-GENERAL CONTRACT NO. CL2001-38 10. Notwithstanding the preceding, the Contractor shall at all times maintain the roadway surface within the contract limits in a condition satisfactory to the Engineer and such that any emergency vehicles may have immediate access to any building located within the limits of this Contract. The Contractor shall be responsible for all signing at the contract limits and within the contract limits. The Contractor shall ensure the signing is properly maintained while in use. It shall be the Contractor's responsibility to directly notify Police, Fire, Hospital and Ambulance services of road closures at least 24 hours in advance of such closures and to notify these same authorities when such closures are no longer in effect. ' It is the Contractor's responsibility to advertise all road closures in local newspapers a minimum of one week in advance of such closure. The newspaper advertisement shall indicate the date of closing of the roadway and the length of time for which the road will be closed. This advertising is in addition to the notification required for Police, Fire, Hospital and Ambulance as indicated above. The Contractor shall be responsible for all detour signing outside the contract limits. 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: rWork 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. This form to be used with Ontario Provincial Standard Specification 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 Stockpiling%respectively,or both, and have been assured by the Contractor that these conditions have been met. able fill e agree to be responsible for an subsequent Where materials are managed as disposable , T/W gr po y bseq 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 Field Representative signature Property Owner(s) Signature(s) Copics to: Contract Administrator. Property Ownerm, Contractor OPSF 1803 December 1993 Ontario Provincial Standard Form This form to be used with Ontario Provincial Standard Spcafication 180 SITE SELECTION NOTIFICATION FOR MATERIALS STOCKPILING Contruct Infomiatzon Contract No. Owncr. 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 of: 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 Gres, provided the conditions on management are satisfied. Site Injoartation ' Property Owner(s) for the subject property. The subject property: ' Lot ,Concession Township of County/Region/District of Quantity and Type of Excess Material stockpiled: This is to notify you, as Owner, that permission has been obtained from the property owners) named herein for the management of excess 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,aril be required.The use of this management site will comply with the following ' Cbnd111ont on Management , It is understood that materials are stockpiled to be cc-used or held for disposal at a certified waste disposal sites Stockpiles of natural wood,manufactured wood,dcbtis from open fires and Swamp material may only be fiocated: ' a a minimum of 2 m above the keel of ground water. b. a minimum of 30 in from water bodies; C. a minimum of loo m from any water wdifi and d. a minimum of 100 m from residences. Stockpiles of bituminous pavement,concrete and masonry may only be located a a minimum of 30 m from water bodies;and I b. a minimum of 100 m from residences unless 1. on property with a boundary common to a right-of-way,within the contract lirnits,for a period not exceeding 120 calendar days,or I 2. such stockpiles are located within a provincial or municipal works yard or in a commercialty licensed pit or quarry. 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 IContractor's Field Representative signature Property Owner(s)Signatures) Icc: Contract Administrator, Property Owner(s),Contractor OPSF 1801 Tho form to be used Kith Ontario Pro%inctal Standard Spcoftcatton 180 SITE SELECTION NOTIFICATION FOR MANAGEMENT AS DISPOSABLE FILL Con"a Information 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 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 fires, provided the conditions on management are satisfied. Site Information Property Owner(s) for the subject property: The subject property: ' Lot ,Concession ,Township of County/RegioNDistrict of .Quantity and Type of Excess Material used as ' fill: 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 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,wM be required.The use of this management site ' will comply with the following: Conditions on ManagWimt Bituminous pavement,concrete,masonry,wood which has been treated,coated orgglued,and metal,plastic,and polystyrene products will not be accepted for management as disposable fill Swamp material managed as disposable fill will be top covered by a minimum of 300 mm of earth or topsoil.Swamp material managed as disposable fill may only be placed ' a. a tninimum of 2 m above the level of ground water. b. a minimum of 30 m firm water bodies; C. a minimum of 100 m from any water wells; and ' d* a minimum of 100 m from residences. 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),Contractor OPSF 1800 r)ecember 1993 Ontario Provincial Standard Form �ts form to be used vith Ontario Prcmnctal Standard Specification 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 OPSF 1805 December 1993 Ontario Provincial Standard Form ' SPECIAL PROVISIONS-GENERAL CONTRACT NO. CL2001-38 11. 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. Des"' tedSubstance denttfied.ou this Site Location Acrylonitrile No Arsenic No Asbestos No Benzene No Coke Oven Emissions No Ethylene Oxide No ' Isocynates No Lead No ' Mercury No Silica No ' Vinyl Chloride No ' It is the responsibility of the Contractor to ensure that all sub-contractors performing work under this Contract have received a copy of this specification, where Designated Substances are identified as being present at the site of the work. The Contractor shall comply with the governing Ministry of Labour Regulations respecting protection of workers, removal, handling and disposition of the Designated Substances ' encountered on this Contract. Prior to commencement of this work, the Contractor shall provide written notification to the Ministry of the Environment at 7 Overlea Boulevard, Toronto, Ontario, M4H 1A8, of the location(s) proposed for disposal of Designated Substances. A copy of the notification shall be provided to the Contract Administrator a minimum of two weeks in advance of work starting. In the event that the Ministry of the Environment has concerns with any proposed disposal location, further notification shall be provided until the Ministry of the Environment's concerns have been addressed. All costs associated with the removal and disposition of Designated Substances herein identified, ' shall be deemed to be included in the appropriate tender items. SPECIAL PROVISIONS-GENERAL CONTRACT NO. CL2001-38 12. 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. The Contractor shall notify the Contract Administrator of changes to the list in writing and provide the relevant Material Safety Data Sheets. 19. SPILLS REPORTING Spills or discharges of pollutants or contaminants under the control of the Contractor, and spills ' or discharges of pollutants or contaminants that are a result of the Contractor's operations that cause or are likely to cause adverse effects shall forthwith be reported to the Contract Administrator. Such spills or discharges and their adverse effects shall be as defined in the ' Environmental Protection Act R.S.O. 1980. All spills or discharges of liquid, other than accumulated rain water, from luminaires, internally ' illuminated signs, lamps, and liquid type transformers under the control of the Contractor, and all spills or discharges from this equipment that are a result of the Contractor's operations shall, unless otherwise indicated in the Contract, be assumed to contain PCB's and shall forthwith be reported to the Contract Administrator. This reporting will not relieve the Contractor of his legislated responsibilities regarding such spills or discharges. 20. ASPHALT MIX DESIGNS ' The Contractor shall be responsible for the provision of current mix designs for all hot mix asphalt required for the work, or for having the necessary mix designs prepared by a certified ' laboratory. The mix designs proposed for use by the Contractor shall be submitted in writing to the Contract Administrator for his approval and no work shall commence until the design mixes are approved. 1 All costs associated with the provision of approved mix designs shall be borne by the Contractor. SPECIAL PROVISIONS-GENERAL CONTRACT NO. CL2001-38 13. Steel slag and blast furnace slag coarse and fine aggregates shall not be used in any hot mix required by this Contract. 21. CONCRETE MIX DESIGNS The Contractor shall be responsible for the concrete mix design except for low slump concrete overlays and latex modified concrete overlays which the Authority will design, and for providing concrete of the specified properties. Concrete shall conform to the requirements of OPSS 1350 except as noted below: (1) Sub-section 1350.07.07.01 is deleted and replaced by the following: 1350.07.07.01 Contractor Designed Mix ' Mix proportions shall be selected in accordance with A.C.I. Standard 211.8-81 "Standard Practice for Selecting Proportions for Normal, Heavyweight and Mass Concretes" and the requirements of this special provision. The values given in Table 5.3.6 of the A.C.I. standard for the determination of the volume of coarse aggregate in the concrete mix shall be increased by not less than 10 percent except where the concrete is deposited using a pump. At least three weeks prior to the placement of concrete the Contractor shall submit to the Contract Administrator a statement indicating the source of coarse and fine aggregate to be used in the concrete work. ' The mix proportions and the required test data, for each class of concrete, shall be submitted to the Contract Administrator at least seven days prior to the placement of concrete. They shall be submitted in the standard Form PH-CC-433. Contractor Designed Concrete Mix Mix Proportions shall be expressed as follows: (i) Portland Cement - Type, Source and Content in kilograms per cubic metre of concrete. (ii) Cementitious - Percent Slag, Source and Content in ' Hydraulic Slag kilograms per cubic metre of concrete. (iii) Coarse Aggregate - Nominal maximum size, Relative Density (Dry) Source, ' Content in kilograms per cubic metre of concrete and Dry Rodded Density in kilograms per cubic metre of concrete. SPECIAL PROVISIONS-GENERAL CONTRACT NO. CL2001-38 14. (iv) Fine Aggregate - Fineness Modulus, Relative Density (Dry), Source and Content in kilograms per cubic metre of concrete. ' (v) Water - Content in kilograms per cubic metre of concrete. (vi) Chemical - Source, Type and Dosage per 100 Admixture kilograms cement. (vii) Air Entraining - Source and Type. Admixture Mix proportions shall be based on an aggregate in an oven dry condition. Strength Test Data The contractor shall produce the following information with regard to the mix design. The information shall consist of test data from a laboratory or field mixed batch of concrete, or a summary of test data from previous work using similar concrete mix proportions, as follows: (i) Laboratory or Field Mixed Batch of Concrete The test data shall include compressive strength tests consisting of at least one set of standard cylinders tested at 7 days, and 1 set of standard cylinders tested at 28 days. For mixes with cementitious hydraulic slag, the compressive strength tests shall also include one set of standard cylinders tested at 3 days. The air content, temperature and slump of the samples of concrete used to fabricate the test cylinders shall be stated. Note: The intent of the laboratory or field mixed batch of concrete is to indicate the ability of the proposed mix proportions to produce concrete of the required properties. (ii) Summary of Test Data The test data shall include at least ten consecutive 28 day strength tests from previous work. The data shall report individual strength tests and the average of all groups of three consecutive strength tests. The air content and slump of the samples of concrete used to fabricate the test cylinders shall be stated. The tests shall have been carried out within a period of two years prior to the award of the contract. ' (2) Sub-section 1350.08.01.02 is deleted and replaced by the following: 1350.08.01.02 Sampling of Mix Design Materials SPECIAL PROVISIONS-GENERAL CONTRACT NO. CL2001-38 15. For Contractor designed mixed samples of acceptable aggregates, cement, water, chemical admixtures and air entraining admixtures representative of the materials to be used in the work shall be provided to the Contract Administrator when requested at the time the proposed mix proportions are submitted to the Authority. (3) Sub-section 1350.07.07.03, Part (b), is deleted and replaced by the following: 1350.07.07.03 High Strength Concrete (b) Contractor Design Mix The proposed mix proportions shall meet the requirements of revised Sub-section 1350.07.07.01 above and in addition shall be tested in a full size field trial batch of concrete. When the concrete is mixed within a ready mixed truck, the size of the trial batch shall be that volume of concrete normally mixed in the truck. When the Contractor elects to use a source of ready mix concrete, the trial batch of concrete shall originate from the same plant that will be used for the supply of high strength concrete and the trial batch shall be delivered to the site of the work and tested. Where access to the site of the work is not possible the Contract Administrator will designate a suitable location for testing. The testing of the field trial batch of concrete shall be the responsibility of the Contractor. Strength test data from the field trial batch shall consist of at least one set of standard cylinders tested at 7 days and one set of standard cylinders tested at 28 days. For mixes with cementitious hydraulic slag the strength test data shall also include one set of standard cylinders tested at 3 days. The air content, temperature and slump of the samples of concrete used to fabricate the test cylinders shall be stated. When approved by the Contract Administrator, the concrete from the trial batch may be incorporated into parts of the structure. Basis of Payment All costs for the above work shall be included in the contract price for the appropriate concrete item(s). SPECIAL PROVISIONS-GENERAL CONTRACT NO. CL2001-38 16. 22. APPLICABLE STANDARD SPECIFICATIONS Ontario Provincial Standard Specifications (OPSS) governing the work of this Contract shall be as listed in the "Schedule of Tender Data", Section H, with the applicable date of issue as indicated for each Specification. 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. 23. AMENDMENT TO OPSS 353 Air Content of Concrete 353.05.01 Concrete Subsection 353.05.01 of OPSS 353, September 1996, is amended by the addition of the following: The air content of concrete placed by extrusion methods shall not be less than 4.5% when tested in place in a plastic state. 24. AMENDMENT TO OPSS 102 Scale Accuracy Section 102.08.01 of OPSS 102, October 1992, is amended by the addition of the following: Scale accuracy tolerances and Limits of Error are defined as 0.20% of the indicated load where "Indicated" load refers to the weight of the vehicle used in conducting the performance test when measured at the centre of the platform. 25. AMENDMENT TO OPSS 570 Sub-section 570.05.01 of OPSS 570, August 1990 is amended by the addition of the following: The topsoil shall be analyzed to ensure there are no deficiencies with respect to fertility levels. The soil shall consist of a minimum 4% organic matter. The phosphorous level shall be 30 ppm, ± 2 ppm. The potassium level shall be 235 ppm, ± 30 ppm. The soil shall have a base saturation of calcium of 75%, ± 10%. The base saturation of sodium shall be a maximum of SPECIAL PROVISIONS-GENERAL CONTRACT NO. CL2001-38 17. 0.5%. The pH level shall be between 6.0 and 7.0. A copy of the topsoil testing report shall be provided to the Contract Administrator. Payment for this testing shall be included in payment under the respective topsoil items. If the topsoil does not meet all of the fertility elements the soil shall be treated with the required amendments as recommended by the topsoil analysis report. 26. AMENDMENT TO OPSS 1820; CONCRETE PIPE Section 1820.02, References, of OPSS 1820 is deleted and replaced by the following: 1820.02 References This specification refers to the following standards, specifications, or publications: Ontario Provincial Standards Specifications (Material) CSA Standard A257-M1982- Standards for Concrete Pipe Section 1820.07, Production, of OPSS 1820 is deleted and replaced by the following: 1820.07 Production 1820.07.01 General Production methods shall conform to the requirements of CSA A257.1 and CSA A257.2. 1820.07.02 Pipe for Sewers Up to and Including 900 mm Designated Internal Diameter Pipe for use in sewers up to and including 900 mm designated internal diameter shall be pipe of the size and class required, and shall conform to the MOE Pre-qualification Requirements for Concrete Sewer Pipe Plants. The plant shall have a valid Pre-qualification Certificate at the time of production and delivery of the pipe. 1 1820.07.03 Marking Marking shall conform to the requirements of CSA Standard A257.IM or A257.2M. Pipe conforming to the MOE Pre-qualification Requirements for Concrete Sewer Pipe Plants shall bear the letters "MOE". SPECIAL PROVISIONS-GENERAL CONTRACT NO. CL2001-38 18. Jacking Pipe shall be marked with the words "Jacking Quality". 27. DELIVERY OF TEST SAMPLES The Contractor shall include in his tender prices for the cost of delivery of concrete test cylinders and asphalt samples to a designated testing laboratory. For this contract test cylinders shall be delivered to 513 Division Street, Cobourg, Ontario, K9A 5G6. 28. PREPARATION AND POSTING OF REQUIREMENTS FOR WORK IN CONFINED SPACES Clause GC7.01.06 of the OPS General Conditions of Contract is amended by the addition of the following: Detailed written procedures addressing the confined space requirements of the Occupational Health and Safety Act and Ontario Regulations for Construction Projects, Ontario Regulation 213/91, shall be clearly posted at the project site and available to all personnel, including the Contractor's workers, Authority staff, Contract Administrator, and Ministry of Labour inspectors. The procedures must include the rescue procedures to be followed during a rescue or evacuation of all personnel from an unsafe condition or in the event of personal injury. The Contractor shall have personnel trained in rescue procedures readily available on site. 29. CONFINED SPACE ENTRY The Contractor shall be responsible for the supply of personal protective equipment for the use of the Contract Administrator, in connection with confined space entry while the Contractor is operating on site. The following equipment shall be made available on request: Mechanical Ventilation Equipment Gloves Gas Detector (C95-80) Full body harness securely attached to a rope Rope Gas mask or dust, mist or fume respirator (optional) 30 minute self-contained breathing apparatus (need not be worn but, if required, be readily available to supply air for instant egress) SPECIAL PROVISIONS-GENERAL CONTRACT NO. CL2001-38 19. 7 minute Escape Pack Explosion-proof temporary lighting Adequate clothing to ensure protection against abrasions and contamination. In addition the Contractor shall provide a competent person who shall inspect all safety equipment prior to use to ensure that it is in good working order and appropriate for the task at hand. 30. 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 SPECIAL PROVISIONS-GENERAL CONTRACT NO, CL2001-38 20. (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. SCHEDULE (C) CONTRACTOR SAFETY POLICY AND PROCEDURE Continued... HEALTH AND SAFETY PRACTICE FORM SCHEDULE °A" To Contractor(s): The Municipality of Clarington is committed to a healthy and safe working environment for all workers. To ensure the Municipal workplace is a healthy and safe working environment, contractors, constructors and subcontractors must have knowledge of and operate in compliance with the Occupational Health and Safety Act and any other legislation pertaining to employee health and safety. In order to evaluate our corn an s health and safe experience, please provide the accidentrncident Y P � safety 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 ............................................................................................. • The Council Amended Draft#7 (CAD-7) Rating -The WSIB experience rating system for construction rate groups ............................................................................................. • Injury frequency performance for the last two years -This may be available from the contractor's trade association ............................................................................................. • Has the contractor received any Ministry of Labour warnings or orders in the last two years? (If the answer is yes, please include the infraction). 0 Confirmation of Independent Operator Status -The WSIB independent operator number assigned: (Bidders to include the letter confirming this status and number from WSIB with their bid submission.) 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. llwe will work safely with skill and care so as to prevent an accidental injury to ourselves, fellow employees and members of the public. 1. The contractor/successful tenderer certifies that it, its employees, its subcontractors and their employees, a) are aware of their respective duties and obligations under the Occupational Health and Safety Act, as amended from time to time, and all Regulations thereunder(the"Act); and b) have sufficient knowledge and training to perform all matters required pursuant to this contractAender safely and in compliance with the Act. 2. to the performance of all matters required pursuant to this contractAender,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 contractorttender. 5. No act or omission by any representative of the Municipality shall be deemed to be an assumption of any of the duties or obligations of the contractor/successful tenderer or any of its subcontractors under the Act. 6. The contractor/successful tenderer shall indemnify and save harmless the Municipality, a) from any loss, inconvenience, damage or cost to the Municipality which may result from the contractor/successful tenderer or any of its employees, its subcontractors or their employees failing to act safely or to comply in all respects with the Act in the performance of any matters required pursuant to this contract/tender, i 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. Contractor Name of Person Signing for Contractor ........................................................................................................................... Signature of Contractor Date SCHEDULE (C) CONTRACTOR 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: NAME OF FIRM: i PART"B"- DETAILS OF INFRACTION (TO BE COMPLETED BY ISSUER) SPECIAL PROVISIONS-GENERAL CONTRACT NO. CL2001-38 21. 31. 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. 32. ENTRY ONTO PRIVATE PROPERTY The Contractor shall not enter private property or property which is to be acquired to construct the works without the prior consent of the Contract Administrator. This requirement will be strictly enforced. 33. 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. 34. GENERAL LIABILITY INSURANCE Clause GC6.03.02.01 is amended by the addition of the following: The Kawartha Pine Ridge District School Board shall also be added as an additional named insured. 35. 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. SPECIAL PROVISIONS-GENERAL CONTRACT NO. CL2001-38 22• Where any lien claimant asks from the Authority the production for inspection of the Contract Documents or the state of the accounts between the Authority and the Contractor, the Contractor shall be liable for an administration fee of Two Hundred Dollars ($200.00) for each request made as compensation for the preparation of such accounting or for the preparation of the Contract, or both, as the case may be, and the Contractor acknowledges that such administrative fee shall be properly deductible, if the Authority should so choose, from monies otherwise payable to the Contractor under the terms of the Contract Documents. Where an application is brought to a judge of a competent jurisdiction to compel production of any particular document to a lien claimant, the Contractor further agrees to indemnify the Authority from reasonable legal fees incurred in appearing on such an application and in addition agrees to pay to the Authority its reasonable costs incurred in producing such documents to the ' extent that the same is made necessary under the disposition of the matter by such judge, and the Contractor further agrees that such reasonable costs and fees incurred by the Authority as stated herein may be properly deductible from monies otherwise payable to the Contractor under the ' terms of the Contract Documents. SPECIAL PROVISIONS-GENERAL CONTRACT NO. CL2001-38 23. 36. 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 Public Works Corporation of the Municipality of Clarington Municipal Administration Centre, 40 Temperance Street BOWMANVILLE, Ontario L1C 3A6 Re: Contract No. CL2001-38 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, t .................................. Signature 1 Property Owner's Name........... ...........Lot......Concession.......... Municipality of ........................................ (Please complete above in printing) SPECIAL PROVISIONS-GENERAL CONTRACT NO. CL2001-38 24• 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. 37. WORKPLACE SAFETY AND INSURANCE BOARD All references in the General Conditions of Contract to "Workers' Compensation Board" shall now read "Workplace Safety and Insurance Board". ' 38. REVIEW OF SHOP/WORKING DRAWINGS For the portions of the work to be done under this Contract where detail drawings are to be supplied by the Contractor, six(6) copies of same, together with specifications, plus such additional copies as the Contractor and his subcontractors may require, shall be submitted to the Contract Administrator for review. The Contractor or his Subcontractor shall check and initial all shop drawings before submission to the Contract Administrator so as to intercept and correct any major errors or omissions. Shop drawings will not be reviewed by the Contract Administrator unless they have been previously checked by the Contractor. The review by the Contract Administrator is for the sole purpose of ascertaining conformance with the general design concept. This review shall not mean that the Contract Administrator approves the detail design inherent in the shop drawings, responsibility for which shall remain with the Contractor submitting same, and such review shall not relieve the Contractor of his responsibility for errors or omissions in the shop drawings or of his responsibility for meeting all requirements of the Contract Documents. The Contractor is responsible for dimensions to be confirmed and correlated at the job site, for information that pertains solely to fabrication processes or to techniques of construction and installation and for coordination of the work of all subtrades. Work which relates to the shop drawings shall not be carried out before the Contract Administrator's review of the shop drawings is complete. 39. TREE PROTECTION General Constraints/Requirements Work required for tree protection shall be paid for under Site Preparation. Trees to be retained shall be protected from the Contractor's operations by,but not restricted to,the following: SPECIAL PROVISIONS-GENERAL CONTRACT NO. CL2001-38 25• Prior to any construction activities,the Contractor shall install construction fencing around all trees to be retained. The protective fencing will remain in place until the end of the contract unless the Contractor is authorized by the Consultant or the Owner to work within the fenced area. Fencing should be placed twice the distance from the trunk that the dripline of the canopy extends from the trunk.If construction space is limited,fencing shall be placed no closer to the trunk than the dripline of the canopy. If there is hard surfacing(sidewalk/road)under the canopy which continues beyond the dripline, construction fencing shall be placed 300 mm inside the edge of the hard surface under the dripline, and be placed no closer to the trunk than the dripline around the rest of the tree. If a hard surface(path/sidewalk)travels under the canopy,and access must be maintained along the surface,construction fencing shall be placed 300 mm from the edge of the hard surface on both sides,and extend under the dripline of the tree. No excavated soil,waste material,construction trailers,storage areas,construction materials of any kind,chemical or washout water shall be stored or deposited within the fenced area. Equipment or vehicles shall not be parked,repaired or refuelled,construction materials shall not be stored,and earth materials shall not be stockpiled within the dripline area of any tree not designated ' for removal. The existing grade around a tree shall not be raised or lowered. No signs shall be attached to any tree. Utmost care shall be taken at all times to avoid damage to roots,trunks,or branches of any tree. The Contractor shall ensure that his operations do not cause flooding or sediment deposition on areas where trees not designated for removal are located. Unless the contract requires work within the fenced area of trees not designated for removal, equipment shall not be operated,parked,or stored within that fenced area. If the Contract requires work within the fenced area of trees not designated for removal,work shall be done by hand wherever possible, and operation of equipment shall be kept to the minimum necessary to perform work required. If equipment must be operated within the dripline of a tree,wood chip mulch shall be spread over the area to a depth of 150 mm to 300 mm as directed to disperse the weight of construction ' equipment.Mulch shall not be left in place for a prolonged period of time; it shall be removed carefully upon completion of work in the dripline. ITree Repair Work Repair work to trees not designated for removal shall be performed in accordance with approved horticultural practice as follows: r SPECIAL PROVISIONS-GENERAL CONTRACT NO. CL2001-38 26• Bark that is damaged by the Contractor's operations shall be neatly trimmed back to uninjured bark using clean, sharp tools,without causing further injury,within five calendar days of damage. Branches that are broken or severed by the Contractor's operations shall be cut flush, leaving the branch collar undisturbed. ' Roots that are severed shall be pruned with clean,sharp tools to leave a clean cut.Exposed roots shall be backfilled immediately or covered with burlap and kept moist to minimize drying. ' 40. OPERATION AND MAINTENANCE MANUAL Under this Item and for the lump sum price bid the Contractor will supply an organized compilation of operating and maintenance data including detailed technical information,documents and records describing operation and maintenance of individual products or systems as specified in this tender document and the contract drawings. Assemble, coordinate, bind and index required data into Operation and Maintenance Manual. Submit complete operation and maintenance manual to landscape Architect six(6) weeks prior to application for Interim Certificate of Completion of project. ' Organize data into same numerical order as contract specifications. Material: label each section with tabs protected with celluloid covers fastened to hard paper dividing sheets. Type lists and notes. Drawings, diagrams and manufacturer's literature must be legible. rBinders: vinyl, hard covered, 3 "D" ring, loose leaf, sized for 215x280 mm paper, with spine pocket. Identify contents of each binder on spine. Each binder to include: • Cover sheet containing: date submitted, project title, location and project number, names and addresses of Contractor, and all Sub-contractors. • Table of Contents of all binders • List of maintenance materials as specified. • List of special tools as specified. • List of spare parts as specified or required. • Warranties, guarantees. • Copies of approvals, and certificates. SPECIAL PROVISIONS-GENERAL CONTRACT NO. CL2001-38 27. Provide the following data: ' List of equipment including service depot. • Nameplate information including equipment number, make, size, capacity, model number and serial number. • Parts list. • Installation details. • Operating instructions. ' 0 Maintenance instructions for equipment. • Maintenance instructions for finishes. CORPORATION OF THE MUNICIPALITY OF CLARINGTON CONTRACT NO. CL2001-38 SPECIAL PROVISIONS-TENDER ITEMS P/4240010/Sp",-Retender/18810.d" PAGE ONE SPECIAL PROVISIONS -TENDER ITEMS CONTRACT NO. CL2001-38 SECTION A-SITE WORKS: ' CLEARING,GRUBBING,REMOVALS,CONSTRUCTION FENCING,SITE PREPARATION, CONSTRUCTION ACCESS AND RESTORATION-ITEM NO.Al OPSS 201 applies to this item. Under this item and for the lump sum price bid,the Contractor shall clear and grub all marked trees, stumps,and brush from within the easements and Contract limits as indicated on the Contract Drawings. The southernmost tree on the site is to be removed,and all wood is to be removed from site. 1 The Contractor shall also remove all obstacles of the nature of fences,culverts,rubble,timber,etc.,not specifically provided for under items of this Tender. Existing field stone minimum 600 mm x 600 mm x 600 mm to be stockpiled near the playground area for use on site. ' The Contractor shall ensure that no tree or vegetation removal occurs beyond the limits shown on the Contract Drawings. All other trees and vegetation shall be preserved and the Contractor shall be required to obtain prior specific permission from the Contract Administrator for the removal/cutting of any tree or branches not so designated. Trees and vegetation which are authorized by the Contract Administrator to be cut shall be removed from the site. Burying or burning of brush or wood shall not be permitted. All construction signage according to the MUTCD Manual and any additional signage required under this contract to be included in the tender price for this item. ' The Contractor shall install a temporary construction fence prior to the commencement of construction to totally separate the contract work area from the adjacent properties.The Contractor must ensure that all construction activities and equipment shall be limited to the area delineated by the fence. The construction ' fence must be maintained during construction and removed by the Contractor at the completion of the Contract. Under the lump sum price bid for this Item,the Contractor shall include for the removal of any standing water within the site prior to rough grading. When not in use the construction equipment shall not be stored on private lands beyond the limits of the construction or where it may be of annoyance to the public. It should be stored in a safe location at the work site. The Contractor shall also be responsible for protecting all utilities,fences,and private property at the job site during the time of construction. Contractor to reference Clause 16 of the Special Provisions-General regarding the requirements for disposal of excess materials and Clause 39 of the Special Provisions—regarding the requirements for ' protection of existing trees to remain. Access to the construction site shall be from two locations off Guildwood Drive. The Contract price shall include the construction,maintenance,removal,and restoration of access upon completion of the work. SPECIAL PROVISIONS-TENDER ITEMS 2 ' CONTRACT NO.CL2001-38 ' Any damage to existing sidewalk,curb,gutter,or asphalt shall be repaired by the Contractor at his expense. TREE PRUNING—ITEM NO.A2 All work on trees to be retained shall be done by ISA Certified Arborists with a minimum of five(5)years experience in mature tree care and tree climbing. Climbing spikes are not to be used in trees to be retained. It is the Contractor's responsibility to ensure that the work is carried out by qualified workers using good ' arboricultural practices and that all applicable laws,rules,and regulations are met. The two northernmost trees on the site shall be pruned to remove dead,low-vigor,diseased,and crowded ' branches(crown cleaning).All pruning tools shall be sharp and clean,and the branch collars shall remain undisturbed.Wound dressings are not to be used.Pruned branches are to be removed from site. ' TOPSOIL AUGMENTATION,SHREDDING,DELIVERY&PLACING—ITEMS NO.A3&A4 ' OPSS 570 applies to this item. Under this item and for the unit price bid the Contractor shall shred and screen,augment and install the ' stockpiled topsoil in accordance with the Contract Drawings and as specified herein. The topsoil stockpile is approximately one kilometre north of the project site and is accessible from Mearns Avenue.The existing stockpiled topsoil is provided by the Authority at no cost to the Contractor. Topsoil to be screened and shredded shall have all organic material and all granular material greater than 25 mm diameter removed. ' All topsoil shall be placed in uniform layers,and compacted to 85%SPMDD on all areas to be seeded, sodded and planted. Fine grading and trimming shall be performed to provide a smooth surface. ' All topsoil shall be spread and finely graded with a landscaping dozer to ensure that topsoil is not compacted greater than that specified. Establish traffic patterns and schedule to prevent driving on topsoil after it is spread to avoid over-compaction. Over-compaction will result in further works being initiated by the Contract Administrator to re-aerate the soil,at the Contractor's expense. The Contract price for topsoil shall constitute full compensation for shredding of the soil,delivery, preparation of surfaces for placing,compacting,loading,hauling and spreading the material required. Topsoil required to make good areas disturbed by the Contractor's operation outside the limits shown on the Drawings shall be done at Contractor's expense. Contractor shall grade sub-grade,eliminating uneven areas and low spots,ensuring positive drainage. Remove debris,roots,branches,stones in excess of 25 mm diameter and other deleterious materials. Remove topsoil that has been contaminated with oil,gasoline,or calcium chloride. Dispose of removed ' materials as directed. The sub-grade shall be approved by the Contract Administrator prior to spreading of topsoil. SPECIAL PROVISIONS-TENDER ITEMS 3 CONTRACT NO.CL2001-38 ' Spread topsoil in dry weather over a dry,unfrozen sub-grade. ' Ensure that ditches and swales are properly graded with adequate percentage fall to maintain the specified drainage. ' Fine grade the topsoil surface to eliminate rough and low areas and so as to ensure positive surface drainage,using equipment capable of maintaining straight,even lines,such as a motor grader. Fine grade surface of topsoil to a smooth,even,loose-textured surface,firm against footprints,suitable for ' seeding. Roll topsoil with 59 kg roller,minimum 900 mm wide,to compact and retain surface. ' Subsequent to placement topsoil quantities will be augmented by a fertilizer application as follows: ' Stockpiled and/or imported topsoil to be shredded and screened to ensure thorough mixing.Add fertilizer containing a balanced analysis of 5-30-10 at a rate of 200 kg/ha.Fertilizer shall not include filler material. Measurement for payment will be by the square metre of topsoil installed. Compacted topsoil depth shall be minimum 150 mm. ' Payment shall be full compensation for all equipment,labour and materials required to do the work. ' EARTH EXCAVATION(ROUGH GRADING)—ITEM NO.A5 OPSS 206 applies to this item. ' This Item shall include all rough grading excavation,fill,and stockpiling of materials required,except as specifically provided for elsewhere in the Contract. ' Before commencing work,conduct,with Contract Administrator,condition survey of existing structures, trees and other plants,lawns,fencing,service poles,wires,paving,survey bench marks and monuments which may be affected by work. Verify existing grades prior to excavation works and report any discrepancies to the Contract Administrator at that time. No allowance for additional quantities will be considered after excavation has ' commenced. Remove snow,ice,construction debris,organic soil and standing water from spaces to be filled.Do not begin backfilling or filling operations until material has been approved for use by Contract Administrator. Not later than 48 hours before backfilling or filling with approved material,notify Contract Administrator so that compaction tests can be carried out. Excavate as required to carry out work.Do not disturb soil or rock below bearing surfaces.Notify Contract Administrator when rough grading is complete. Excavation taken below depths shown without Contract SPECIAL PROVISIONS-TENDER ITEMS 4 ' CONTRACT NO.CL2001-38 ' Administrator's written authorization to be filled with compacted Granular'B'-Type 1 material at Contractor's expense. 1 Place backfill,fill and base course material in 150 mm lifts. ' Compact each layer of material to following densities for material to the following corrected maximum dry densities: • Sub-grade: 95%. • Granular Base courses: 98%. • Topsoil: 85%. • Earth Fill: 95%. ' Grade so that water will drain away from structures,walls and paved areas,to catch basins and other disposal areas approved by the Contract Administrator.Grade to be gradual between finished spot elevations shown on drawings. ' Excavated or graded material existing on site shall be used as fill for grading work except where specifically noted otherwise. There will be sufficient excavation quantities available for this purpose. ' Rough grade to levels,profiles,and contours allowing for surface treatment as indicated in contract documents.Dispose of excess material in accordance with the requirements of the SP—General,Clause 16. Grade ditches to depth required as indicated on the drawings. Do not disturb soil within branch spread of trees to remain. Fine grade surface free of humps and hollows to smooth,even grade,to contours and elevations indicated ' to tolerance of plus or minus 15 mm,surface draining naturally. ' FIELD STONE RETAINING WALLS—ITEM NO.A6 Suitable fieldstone is to be obtained from locations within the subdivision,but the quantity will be insufficient.The Contractor is to supply additional fieldstone of the required size.The Contract ' Administrator shall be notified and will inspect the proposed imported material for approval prior to supply.Unit price bid to include excavation,compaction,supply and placement of geotextile,clearstone, and fieldstone as per the contract drawings. Carry out work during drier part of year. The Contractor shall report to the Consultant,in writing,of any conditions or defects encountered on the site during or before construction,upon which may adversely affect its performance.Do not commence work until such conditions or defects have been investigated and corrected. The Contractor shall excavate topsoil/earth,fine grade and consolidate as required,to provide an even, firm foundation for the stone retaining walls and or rock features.Depressions shall be filled and thoroughly compacted to 95% S.P.D. SPECIAL PROVISIONS-TENDER ITEMS 5 ' CONTRACT NO.CL2001-38 Have all excavation for work inspected prior to installation of stone features. Obtain approval of layout work for placement of stone before proceeding with work. ' Delivery and storage of material shall be done in a neat and orderly fashion,all to the satisfaction of the Consultant. ' Fieldstone retaining wall shall be free from deterioration by water action and weathering.Maintain all fieldstone work from time of installation until acceptance.During the guarantee period,the Contractor shall repair,replace or otherwise remedy,to the consultant's satisfaction,all defects due to faulty materials and/or workmanship.All work shall be carried out in full accordance with the drawings and specifications. Where there is substantial settlement,the Contractor shall bring the settled area back to grade by filling and compacting additional sub base material as per the drawings,reinstall fieldstone,and restore all disturbed ' areas in kind. The finished work shall present a natural rock edge to the surface. Large fieldstone retaining rock boulders are to be placed on filter cloth as per the Contract Drawings. Filter cloth:Terrafix"Terratrack 24-11"Filter cloth or approved equal. ' Stones are to be carefully bedded or supported where concrete for the spray pad is to interface with the outside edge of the stones as shown on the Contract Drawings. Take into account anticipated weather conditions and degree of exposure of site in setting requirements for protection.Carry out fieldstone retaining wall construction so that each phase of work is not left exposed for an undue period of time.Follow schedule submitted to Consultant. Upon completion remove all surplus materials from the site,and leave site clean and tidy. Measurement for payment will be by linear metre of field stone installed. EARTH BORROW—ITEM NO.A7(Provisional) ' OPSS 212 applies to this item. Under this Item and for the unit price bid the Contractor shall supply all labour,equipment,and materials required to complete the work under this Item. ' The Contractor shall not supply any material to the site until the Contract Administrator has inspected and approved its use.The Authority reserves the right to delete all or part of this item without effect to the Contract prices.Measurement for payment shall be by truck box method. CULVERT—ITEM NO.A8 ' OPSS 421 applies to this item. The culvert shall be BOSS 2000 Corrugated HDPE constructed with OPSD 802.010 bedding.Backfill and ' cover shall be Granular`B',Type 1,included in this Item. The pipe shall be 320 Kpa with smoothwall interior. The unit price bid will include for any minor ditch grading adjustments required to provide satisfactory inlet and outlet flow conditions at the culvert. SPECIAL PROVISIONS-TENDER ITEMS 6 CONTRACT NO.CL2001-38 DIRECTIONAL BORE—ITEM NO.A9 OPSS 603 applies to this item. Unit price bid for this item shall include for back filling and restoration of entrance and exit pits and for disposal of all surplus material. SECTION B—SITE SERVICES: ' PVC STORM SEWERS-ITEMS NO.Bl &B2 Under this Item and for the unit price bid,the Contractor shall supply all materials,including pipe of the required sizes and classes,all bends,plugs,tees,saddles,clamps and other fittings,crusher run limestone, for bedding and cover material as specified,perform all of the necessary excavation,and construct the sewers,including native backfill,as per the Contract Drawings. Labour and material costs incurred by the Contractor to complete the necessary connections to existing storm structures are deemed to be included in the unit price bid. The Contractor is advised that no extra payment will be made for dewatering techniques required to install underground services. The unit prices bid for storm sewer installation will include for all dewatering required. Should the Contractor elect to use clear stone backfill in conjunction with dewatering operations, no extra payment will be made for the use of clear stone materials. The Contractor must protect existing storm and sanitary sewers from any damage during construction. The work shall be performed in accordance with OPSS 410,revised as follows: (i) Pipe to be PVC Sewer Pipe and fittings manufactured to the requirements of CSA B182.4 and ASTM F794. (ii) The Contractor shall install a flexible joint at all manhole structures 300 mm from outside face of manhole. OPSD 1001.01 is amended in that Type D support only is acceptable. (iii) Clauses 410.07.15.02"Prequalification Leakage Test",410.07.15.03 "Infiltration Test", 410.07.15.04 "Exfiltration Test"are deleted. (iv) Clause 4 10.10 'Basis of Payment"is amended in that unit prices bid for storm sewers shall also include the following: a) Testing procedures as outlined in OPSS 410 regarding deflection testing and closed circuit television inspection in accordance with the requirements of OPSS 409. b) Full surface restoration equivalent to existing conditions,for those sewer installations performed beyond the limits of general grading operations. SPECIAL PROVISIONS-TENDER ITEMS 7 CONTRACT NO.CL2001-38 ' The Contractor will be responsible for determining the locations for all existing sewer services to be connected. 100 mm& 150 mm POLYETHYLENE SUBDRAIN WITH FILTER SOCK-ITEM NO.B3 OPSS 405 applies to this item. The unit price bid under this item shall include for the supply and installation of perforated polyethylene corrugated plastic pipe with filter cloth as supplied by Big'O'Drain Tile Company Limited,Exeter, Ontario(800)265-1714 or approved equal. All joints to be manufactured fittings. Payment shall also be made under this item for supply,placing,and compaction of Granular`A',bedding and backfill for all subdrains. Excavation,where required,shall be included under payment for this item. Connection to collector pipes,catchbasins/manholes shall be included in the bid price. Pipe material to be manufactured in accordance with the requirements of OPSS 1840. Contractor shall indicate the location of subdrains,using flags,in order to avoid subdrains being damaged during the installation of the other park equipment and fencing. If drains are damaged the Contractor shall reinstall section of damaged drain at his own expense,to the Contract Administrator's satisfaction. WATER LINE-ITEMS NO.B4&B5(Provisional) OPSS 701 applies to these items. Under these Items and for the unit prices bid,the Contractor shall supply all materials including Type`K' soft copper pipe of the required size,all necessary compression type couplings,fittings,excavation, 100 mrn sand bedding and 300 mm sand cover,selected native backfill,connection to existing curb stop and all other appurtenances to complete the work in accordance with the Ontario Building Code(Part 7, Plumbing). The unit price bid shall also include cost for plumbing permit required by the Municipality of Clarington. The supply and installation of the 38 mm curb stop for the yard hydrant,as per detail,complete with stainless steel rod,and service box shall also be included under the unit price bid for Item B5. WATER METER/EQUIPMENT CHAMBER-ITEM NO.B6(Provisional) OPSS 407 applies to this item. Supply shop drawings for chamber and watetplay distribution system for approval. The lump sum bid under this Item shall include excavation,placing of Granular `B' Type 1 material to a lower limit of 300 mm below the floor slab and all around the structure.The structure shall conform to R.O.D. standard Drawing S-447 with size modified as per the Contract Drawings. _ SPECIAL PROVISIONS-TENDER ITEMS 8 CONTRACT NO.CL2001-38 The lump sum bid shall also include the supply and installation of pipe,valves,fittings,couplings,water meter,support brackets,drain cover,backflow preventing strainers,A.R.B. cable as per R.O.D. S-411,as per the Contract Drawings.All work must be in accordance to the completed Ontario Building Code(Part 2,Plumbing)and to the satisfaction of the Municipality of Clarington. The Contractor will remove all surplus or unsuitable excavated material from the site of the work and shall load,haul and place all this surplus in accordance with the specifications required for disposal. YARD HYDRANT-ITEM NO.B7(Provisional) OPSS 701 applies to this item. The lump sum bid under this item shall include for the supply and installation of a frost proof yard hydrant Model No. 13-AF108 as supplied by Turfcare Canada(1 905 836 0988,contact Gary Supp),or approved equal. Also included in the bid price is excavation,supply and installation of a 19 mm crusher run limestone sump pit 450 mm by 450 mm by 900 mm deep immediately below the hydrant drain valve,and a threaded backflow preventer to be supplied and installed onto the hydrant outlet. CATCHBASIN MAINTENANCE HOLES(CBMH)-ITEM NO.B8 OPSS 407 applies to this item. The unit price bid under these items shall include excavation,supply,placing,and compaction of a minimum 300 mm thickness of Granular`B',Type 1,all around,including under the floor slab. Each CBMH is to be installed with 3 adjustment units. All storm sewer maintenance holes and catchbasins shall be supplied with a 100 mm diameter opening left in the floor slab. Filter fabric,Terrafix Type 270R or equal,shall be placed on the outside at the floor slab opening.Maintenance hole components shall be supplied in accordance with OPSD 701.010 and the grates for CBMHs No. 1,2,and 4 shall be supplied in accordance with the standard No.N-221 included in these specifications.The grate for CBMH No. 3 (spray pad drain)shall be Zurn Model 1600 12"x 12"with bronze top,or approved equivalent. All catch basins and maintenance holes shall be fitted with sumps. The Contractor shall note the further specifications for these Items which are noted on the Drawings. Payment for the above work shall be deemed to be included in the respective manhole/catchbasin construction items. POWER SUPPLY TO WATER METER CHAMBER-ITEM NO.B9(Provisional) OPSS 603 applies to this item. SPECIAL PROVISIONS-TENDER ITEMS 9 CONTRACT NO.CL2001-38 The lump sum bid under this item shall include all excavation, directional bore,sand cover,backfill, conduit,cable,grounding,hydro meter,3m x 150 mm x 150 nun P.T.pine mounting post,disconnect switch(housed in waterplay enclosure),and connection from meter to disconnect switch,all in accordance with the Electrical Code and to the satisfaction of Veridian Connections.The unit price bid shall also include all connection and inspection fees. Connection to Transformer to be completed by Veridian Connections. SECTION C—PLANT MATERIAL SOD-ITEM NO.C1 OPSS 570 and 571 apply to this Item. Under this Item,the Contractor shall install the sod in accordance with the Contract Drawings and as specified herein. Sodding shall not commence until topsoil is approved by Contract Administrator. Exposed soil will be sodded with number one Kentucky Blue Grass/Fine Fescue sod as per NSGA specifications. Sod shall be Number 1 Nursery Grade. Schedule deliveries in order to keep storage at job site to minimum without causing delays. Sod shall be protected during transportation to prevent drying out and shall arrive at the site in a fresh and healthy condition.Deliver,unload,and store sod on pallets.Lay sod within 24 hours of being lifted.Do not deliver small,irregular,or broken pieces of sod. Sod is to be laid in a continuous fashion. No isolated areas of sod,which are to be integrated with main portion of sod will be accepted. During wet weather,allow sod to dry sufficiently to prevent tearing during lifting and handling.During dry weather,protect sod from drying and water sod as necessary to ensure its vitality and prevent dropping of sod in handling. Dry sod will be rejected. Cultivate areas to be sodded to a depth of 25 mm. Fine grade free of humps and hollows and free of deleterious and refuse material. Lay sod in rows,perpendicular to slope,smooth,and even with adjoining areas,and with joints staggered. Butt sections closely without overlapping or leaving gaps between sections. Cut out irregular or thin sections with a sharp knife. Provide close contact between sod and soil by means of light roller. Heavy rolling to correct irregularities in grade is not permitted. Water immediately after sod laying to obtain moisture penetration though sod into top 100 mm of topsoil. Provide adequate protection of sodded areas against erosion and mechanical damage. Remove protection q P g after lawn areas have been accepted. SPECIAL PROVISIONS-TENDER ITEMS 10 CONTRACT NO.CL2001-38 For areas to be sodded with slopes of 3:1 or greater,lay sod sections at right angles to slopes and secure with wooden pegs. Place pegs 2 per m2, 100 mm below top edge and in the centre to prevent shifting of sod and drive pegs flush with top of sod. Sodded areas will be accepted at final inspection provided that: • Sodded areas are properly established. • Sod is free of bare and dead spots and without weeds. • No surface soil is visible when grass has been cut to height of 40 mm. • Sodded areas have been cut minimum 2 times. Sodded areas shall be rolled with a roller to ensure a good bond between sod and topsoil and to remove minor depressions and irregularities. Contractor is responsible for notifying supplier with sufficient advance notice to ensure the required quantities are available at the time required to maintain construction schedules. Any delays,due to lack of sod and related cost shall be payable by the Contractor. One month after installation,or one month into next growing season,if broadleaf weeds begin to appear, apply herbicide in accordance with the manufacturer's direction. Avoid decamba solutions near trees and shrubs. One month after installation,the sod shall be green and succulent and show evidence of rooting into the underlying soil. Any area of sod which fails to meet these requirements shall be replaced by the Contractor.Any area of sod which appears to be brown and not rooted must be replaced by the Contractor immediately. A professional landscaper with membership in Landscape Ontario acceptable to the Contract Administrator shall be required to place sod and fertilizer and be responsible for all maintenance as required during the guarantee period. Measurement for payment will be by Plan Quantity as shown on the Drawings. Sod required outside these limits for restoration of existing sod or resulting from over excavation will not be measured for payment. The Contract price shall include compensation for watering extending as required during the period of construction and the two year guaranteed maintenance period to ensure good rooting and growth. The guarantee period for fall seeding shall commence in the following spring after the second cutting. The Contract unit price for sodding shall constitute full compensation for supplying,hauling and placing sod;watering and fertilizer application as specified; and for all labour,equipment and materials necessary to complete the work. The unit price will include the initial two mowings of the grass. MECHANICAL SEED-ITEM NO.C2 OPSS 572 applies to this Item. SPECIAL PROVISIONS-TENDER ITEMS 11 CONTRACT NO.CL2001-38 Under this Item and for the unit price bid,the Contractor shall supply the labour,materials and equipment to complete the seeding as shown on the drawings and specified herein. Seeding shall only be applied during the spring start-up to June 15,2002 time period. membership in Landscape Ontario acceptable to the Contract Administrator A professional landscaper with em p p ep shall be required to place seed and fertilizer and be responsible for all maintenance as required during the guarantee period. The location for the area to be seeded is indicated on the drawings and specified as follows: Canada"Certified"Prill-on coated seed, "Canada No. 1 Lawn Grass Mixture"in accordance with Government of Canada"Seeds Act" and"Seeds Regulations"containing the following seed mix design. Grass Seed Mixture(named varieties for Kentucky Blue Grass) 50%Tall Fescue,equivalent to Jaguar,Excalibur 25%Perennial Ryegrass,high in endophyte value,equivalent to Player,Topgun,Palmer III 25%Chewings Fescue,equivalent to Southport 40%Creeping Red Fescue In packages individually labelled in accordance with"Seeds Regulations"and indicating name of supplier. Submit seed mixture varieties,cultivars and name of supplier for Contract Administrator's approval prior to supply. Provide water free of impurities that would inhibit germination and growth.Provide fertilizer in accordance with Canada Fertilizers Act and Fertilizers Regulations. Do not perform work under adverse field conditions as determined by Contract Administrator.Use equipment and method acceptable to Contract Administrator. Use"Brillion"type mechanical landscape seeder which accurately places seed at specified depth and rate and rolls in single operation. Sow seed uniformly at rate of. 125 kg/hectare.Blend applications 150 mm into adjacent grass areas and previous application areas to form uniform surfaces. Sow half of required amount of seed in one direction and remainder at a 45 degree angle as applicable. Water seeded areas thoroughly within 24 hours of planting. During seed establishment apply an application of a 50% SCU fertilizer with an analysis ratio of 10-20-10 at a rate of 60 kg/ha.Fertilizer shall not contain filler material Perform following operations from time of seed application until acceptance by Contract Administrator: 1. Water seeded area to maintain optimum soil moisture level for germination and continued growth of grass.Control watering to prevent washouts and repair washouts caused by rain or irrigation. 2. Repair and reseed dead or bare spots to allow establishment of seed prior to acceptance. 3. Cut grass with a reel type mower to 50 mm whenever it reaches height of 70 mm.Remove any clippings which will smother grass as directed by Contract Administrator. SPECIAL PROVISIONS-TENDER ITEMS 12 CONTRACT NO.CL2001-38 4. Fertilize seeded areas after first cutting in accordance with fertilizing program. Spread half of required amount of fertilizer in one direction and remainder at right angles and water in well. 5. Control weeds by mechanical or chemical means utilizing acceptable integrated pest management practices. Areas seeded in spring will be accepted in September,2002 provided the following acceptance conditions are fulfilled: L Areas are uniformly established and turf is free of rutted,eroded,bare or dead spots and free of weeds. 2. Areas have been cut at least twice. The Contractor is responsible for the first two cuttings and the fertilization program.The Owner may perform maintenance(cutting,watering and fertilizing)operations during the warranty period unless the Contractor,at his option,decides to carry out the maintenance works. Maintenance operations carried out by the Owner will be agreed to by the Contractor and will not be cause for relieving the Contractor of any expense necessary to repair damaged areas,regardless of cause. PLANTING-ITEM NO.C4 OPSS 570 applies to this Item. Payment shall be made under this item for the supply and installation of trees,shrubs,perennials,and vines according to the landscape plan and planting details in the Contract Drawings. All planting and related work shall be done by experienced,qualified personnel under the direction and supervision of foremen with at least five(5)years of horticultural and planting experience.The Contractor must be a member of Landscape Ontario. All plant material shall meet the horticultural standards of the Canadian Nursery Landscape Association with respect to grading and quality. They shall be nursery grown,under proper horticultural practices as recommended by the Canadian Nursery Landscape Association. Nomenclature of specified plants shall conform to the International Code of Nomenclature for Cultivated Plants and shall be in accordance with the approved scientific names given in the latest edition of the Standardized Plant Names. The names of varieties not named therein are generally in conformity with the names accepted in the nursery trade. Substitutions for the specified plants will not be accepted unless approved in writing by the Contract Administrator.Notify Contract Administrator of source of material at least 7 days in advance of shipment. Make plant material available for inspection at source of supply or upon arrival at site.Approval of plant material at source of supply does not ensure acceptance upon arrival on project site or during the course of construction.The Contract Administrator reserves the right to reject any plant material,whether planted or not,which does not conform to the specifications.Do not remove any labels from plants until they have been inspected and approved by the Contract Administrator. All plant materials which cannot be planted immediately upon arrival on the site shall be well protected SPECIAL PROVISIONS-TENDER ITEMS 13 CONTRACT NO.CL2001-38 with soil or similar material to prevent drying out and shall be kept moist until commencement of planting. Coordinate shipping of plants and excavation of holes to ensure minimum time lapse between digging and planting. Ensure that trees are protected from abrasion,breakage,and exposure during transit.Root balls shall not be cracked,broken,or damaged at time of planting.Plants shall be true to type and structurally sound,with straight trunks and leaders intact,and be well and characteristically branched for the species. All plant material to be free of disease,insect infestation,rodent damage,sun scald,frost cracks and other abrasions or scars to the bark. They shall be densely foliated when in leaf and have a healthy,well developed root system. Planting shall be done during periods suitable with respect to weather conditions and locally accepted practice,and to the Contract Administrator's approval. The rootball is to be placed on unexcavated or compacted material to avoid settlement.Plants shall be set plumb in the centre of the planting pit at the same relation to grade as originally grown,after settlement has taken place.The north side of the trunk shall be marked in the nursery,and trees shall be planted to face the same direction,or to give the best appearance or relationship to adjacent structures,as approved by the Contract Administrator. Excavated soil shall be mixed 3:1 with augmented topsoil or commercially prepared Triple Mix for planting backfill.All debris,clay lumps,roots and stones over 50 mm in diameter and other extraneous matter shall be removed from excavated soil to be used in backfill and disposed of off site.Topsoil shall be fertile,friable,natural loam containing not less than 4%organic matter,capable of sustaining vigorous plant growth.It shall be free of any admixture of subsoil,clay lumps or weeds,and free of stones and roots over 50 mm in diameter and other extraneous matter.The soil to be used shall be tested,and the results of the soil test shall be provided to the Contract Administrator prior to installation. For plants in wire baskets,remove all ropes,wires,etc.,from at least the top half of the root ball after it has been placed in the planting pit.At least the top half of the wire basket and burlap shall be removed and discarded.Pots shall be removed from potted plant material.Backfill and tamp soil mixture in layers not exceeding 150 mm depth. Soak the soil mixture thoroughly with water when the hole is half filled,and water thoroughly immediately after planting is complete.Provide a corrugated PVC trunk guard for all deciduous trees.Fasten guard using plastic lock ties. Shredded bark mulch free of any granular and organic material will be applied around all trees and to planted shrub beds as shown on the Contract Drawings.A sample of the mulch to be used shall be submitted to the Contract Administrator for approval.The mulch will be hand placed around all trees and shrubs to a minimum compressed depth of 100 mm.Mulch shall not be placed against the trunks of trees and shrubs. Maintain all plant material and assume full responsibility for protection of all planted areas until final acceptance of all project work. Submit a written guarantee to the effect that all materials and workmanship be guaranteed for a period of two(2)years following project completion.Keep planted areas free of weeds at all times.Remove all debris,broken branches,etc.,and maintain planted areas in neat condition at all times.Water when necessary,with sufficient quantities to moisten the entire root system.Use chemicals as necessary for weed,disease,and insect control in strict accordance with manufacturer's recommendations, and in compliance with applicable pesticide control regulations.Assume full responsibility for any damage that may result from the use of such chemicals. The warranty on replacement plant material shall be extended for a period equal to the original warranty period. All stakes,ties,and wires used for staking shall be removed at the end of the guarantee period,before final SPECIAL PROVISIONS-TENDER ITEMS 14 CONTRACT NO.CL2001-38 inspection,unless otherwise directed by the Contract Administrator.Final inspection of all plantings shall be made at the end of the specified guarantee period.At the time of inspection,all plants shall be alive and in a healthy,satisfactory growing condition.Owner reserves the right to extend Contractor's warranty responsibilities for an additional year if,at end of initial warranty period,leaf development and growth is not sufficient to ensure future survival.All plant material found dead,or not in a healthy,satisfactory growing condition,or which in any way do not meet the requirements of the specifications,shall be replaced by the Contractor at the Contractor's expense. All required replacements shall be plants of the same size and species as specified on the plant list and shall be supplied and planted in accordance with the drawings and specifications. SECTION D—SITE FEATURES HOT MIX HL3A ASPHALT PATHWAY-ITEM NO.Di OPSS 310 and 314 apply to this Item. The Contractor shall supply all materials required for the proper execution of the paving work in accordance with OPSS 310.The requirements of OPSS 310 respecting a surface course trial area and the use of automatic screed controls are not applicable to the Contract.Asphalt cement supplied shall be comprised of PGAC 58-28 as a minimum. The Marshall Stability for HDA shall be a minimum of 6700. Section 310.10.02 of OPSS 310,Hot Mix Miscellaneous,is hereby deleted,in that all costs associated with the supply and placing of miscellaneous asphalt,whether by hand or by machine,shall be included for payment under this Item. Asphalt pathway 1200mm wide and 2000 mm wide as shown,including five side ramps to accommodate the adjacent limestone screenings path. The side ramps are located at the two crossings with the spiral pathway,and where end of the spiral pathway meets the asphalt path. At these locations a ramp will be formed in the asphalt 350 mm wide.Also included in this work is the rounded asphalt edge of paths adjacent to play pods,and all asphalt work including excavation,Granular`A',compaction,for pads under benches and bicycle racks. All final grades of bedding and/or pathway surfaces to be checked and approved by the Consultant. The Contract unit prices for this Item shall include excavation,Granular`A',compaction,and shall be full compensation for all costs of supplying and placing the material in accordance with the requirements of OPSS 314 and the Special Provisions. Payment shall be at the Contract unit bid price and shall be compensation in full to complete the work as outlined. LIMESTONE SCREENING PATHWAY-ITEM NO.D2 OPSS 314 applies to this Item. Work deemed to be included in the unit price for this Item shall be as follows: SPECIAL PROVISIONS-TENDER ITEMS 15 CONTRACT NO.CL2001-38 All granular materials to be compacted with compactor no smaller than a 1400 kg Self Propelled Vibrator Roller. Compaction shall be 100%SPD. All final grades of bedding and/or pathway surfaces to be checked and approved by the Consultant. The Contract unit prices for this Item shall include excavation,supply of Granular`A' and limestone screenings,and compaction,and shall be full compensation for all costs of supplying and placing the material in accordance with the requirements of OPSS 314 and the Special Provisions. Measurement will be by m2,compacted in place.Payment shall be at the Contract unit bid price and shall be compensation in full to complete the work as outlined. BASKETBALL COURT-ITEM NO.D3 OPSS 310 and 314 apply to this Item. As per the detail on the Contract Drawings,Payment shall be made under this item for excavation, Granular`A',compaction,asphalt surface,and the supply and installation of line painting,6 goals including concrete footings,standards,backboards,nets and mesh. The Contractor shall supply all materials required for the proper execution of the paving work in accordance with OPSS 310.Asphalt cement supplied shall be comprised ofPGAC 58-28 as a minimum. The Marshall Stability for H.L.-3A shall be a minimum of 6700. The requirements of OPSS 310 respecting a surface course trial area and the use of automatic screed controls are not applicable to the Contract. Section 310.10.02 of OPSS 310,Hot Mix Miscellaneous,is hereby deleted,in that all costs associated with the supply and placing of miscellaneous asphalt,whether by hand or by machine,shall be included for payment under this Item. Installation of the basketball nets shall be as indicated on the layout plan and detailed in the Contract Drawings. Installation includes the excavation,concrete sono tubes and compacted backfill of the foundation posts. The six basketball nets are Gametime Model No.s: Cantilevered post with 48"(1200 mm)extension Model No.460 Super Goal with Nylon Net Model No.454 Fan Shaped Cast Aluminum Backboard Model No. 854 As Supplied by Game Time: Crozier Agencies Head Office: 8— 1865 Sargent Avenue Winnipeg,MB R3H OE4 Contact: Ken Crozier Tel: 1-800-665-3821 Fax. (204)774-6099 SPECIAL PROVISIONS-TENDER ITEMS 16 CONTRACT NO.CL2001-38 Email: crozier(a,mb.$)=atico.ca www.crozier.ca Or approved equal. DOUBLE TENNIS COURT-ITEM NO.D4(Provisional) OPSS 314 applies to this Item. As per the detail on the Contract Drawings,payment shall be made under this item for excavation, Granular`A',compaction,asphalt surface,and the supply and installation of the tennis fencing and tennis nets as indicated on the layout plan and detailed in the Contract Drawings. The Contractor shall supply all materials required for the proper execution of the paving work in accordance with OPSS 310.Asphalt cement supplied shall be comprised of PGAC 58-28 as a minimum. The Marshall Stability for H.L.-3A shall be a minimum of 6700. The requirements of OPSS 310 respecting a surface course trial area and the use of automatic screed controls are not applicable to the Contract. Section 310.10.02 of OPSS 310,Hot Mix Miscellaneous,is hereby deleted,in that all costs associated with the supply and placing of miscellaneous asphalt,whether by hand or by machine,shall be included for payment under this Item. Installation includes the excavation,concrete sono tube and compacted backfill for all foundation posts and sleeves. In addition the line painting is included in this Item. The two tennis net assemblies are Douglas Model No.s: Tennis Net Model No.TN-30 Posts—Model No. Sidewinder,green colour Model No.Anchor Model No.Budget Centre Strap As Supplied by Douglas: Crozier Agencies Head Office: 8— 1865 Sargent Avenue Winnipeg,MB R311 OE4 Contact: Ken Crozier Tel: 1-800-665-3821 Fax. (204)774-6099 Email: crozieramb.sympatico.ca www.crozier.ca Or approved equal. SPECIAL PROVISIONS-TENDER ITEMS 17 CONTRACT NO.CL2001-38 SECTION E—PLAY PODS PLAYGROUND EQUIPMENT and PLAY POD SAND SURFACE-ITEMS NO.El and E2 The contractor is to order all playground equipment from the manufacturers,and shall coordinate with the supplier for the installation. Play structures are to be supplied and installed by: Kompan,Inc. Southern Ontario Office: 83 Somerset Crescent London,ON N6K 3L7 Tel: 888456-6671 (519)471-7001 Fax. (519)471-2379 Contact: David Parker Email: kompan.london asYmpatico.ca www.kompan.com Game Time www.gametime.com Crozier Agencies Head Office: 8—1865 Sargent Avenue Winnipeg,MB R3H OE4 Contact: Ken Crozier Tel: 1-800-665-3821 Fax. (204)774-6099 Email: crozierQmb.2=atico.ca www.crozier.ca Equivalent sources for playground equipment(approved by Consultant and Municipality): Henderson Recreation Equipment Limited 11 Gilbertson Drive,P.O.Box 68 Simcoe,ON N3Y 4K8 Tel: 800 265-5462 (519)426-9380 Fax. (519)426-1132 www.henderson-recreation.com Little Tikes Commercial Play Systems Inc. 21 Scott Avenue,P.O.Box 125 Paris,ON N3L 3E7 Tel: 800 265-9953 (519)442-6331 Fax.(519)442-8200 Email:ltcpsa-),svmpatico.ca www.ltcps.com Miracle Recreation Equipment Company www.miracle-recreation.com 1 SPECIAL PROVISIONS-TENDER ITEMS 18 CONTRACT NO.CL2001-38 Playcare Inc. P.O.Box 394 Schomberg,ON LOG 1 TO Tel: 800 899-5053 (905)859-7529 Fax. (905)859-1118 www.pla ccareinc.com Equipment to be installed as per manufacturer's specifications. Sand within playground enclosures will be clean washed pebble textured with rounded particles passing through the following sieve gradations: Mesh % Passing 4.75 mm 90- 100 2.36 mm 72-100 1.16 mm 50-90 0.60 mm 32-70 0.30 nun 14-40 0.15 mm 5 -15 0.075 mm 0-5 Sand may also be described as"Manufactured"sand,"Asphalt"sand,or"Washed"sand. Submits le to the Consultant for oval prior to placement. �P PPr P P It is the responsibility of the general contractor to call the playground manufacturers and to arrange for a suitable installation time to coordinate with progress on the site works.The general contractor is to ensure that the installers have all the necessary information on layout and these specifications. Installation of all play equipment shall be made in accordance with Manufacturer's specifications.Do not install swing chains and the like until play structures are substantially complete and safety surface has been installed,inspection by Municipality has been made and its use has been authorized. All structures to be set plumb and true to line and grade to be at an appropriate grade in relation to surface of sand. All main load bearing posts shall be set in 350 mm diameter X 1200 mm deep poured concrete foundations in sonotube or as otherwise recommended by Manufacturer. Ensure that play structures are installed to conform to the CSA-A614-98 safety standards"Children's Playspaces and Equipment",with minimum safety zone setbacks from edgings and structures,as per manufacturer's specifications and to conform to the CSA-A614-98"Children's Playspaces and Equipment". Cost of play equipment is to allow for installation into sand depth as specified.Provide minimum base of sand 450-mm depth in entire retained play area. Sand to be raked evenly throughout and left 100mm below finished top elevation of asphalt edge; flush with sod edge;variable adjacent to field stone retaining wall. SPECIAL PROVISIONS-TENDER ITEMS 19 CONTRACT NO.CL2001-38 Receive approval for installation of sub-drains and compacted sub-grade prior to placement of sand. Coordinate timing for installation of sand so as not to contaminate sand and not to conflict or hinder the installation of footing for play equipment. If sand is placed prior to play equipment,Contractor will provide an accurate stakeout of existing sub-drains,and will repair any damage to same if punctured,at no additional cost to the Municipality.If sand becomes contaminated with subsoil or any other foreign material,the Contractor will replace that sand at no additional cost to the Municipality. Item E2 shall include excavation of play areas,and supply and placing of sand. SECTION F—SPRAY PAD(PROVISIONAL) SUPPLY AND INSTALL CAST IN PLACE CONCRETE SPRAY PAD—ITEM NO.F1 ' (Provisional) OPSS 351 applies to this item. Work under this Item shall be governed by OPSS Form 904 and Form 905 and other specifications incorporated therein by reference. All concrete shall be cured by use of curing compound unless approved otherwise by the Contract Administrator. Payment for this Item shall include excavation and the supply and installation of Granular`A', compaction,all reinforcing,joints,fillers,and similar items as shown on the Contract Drawings and as required to complete the structure. Concrete shall have a compressive strength of 30 MPa. Concrete surface shall have a brushed finish.A warranty against cracking or deterioration of the pad for a period of two years shall be supplied in writing by the Contractor upon completion of the concrete pouring process. SPRAY PAD EQUIPMENT-ITEM NO.F2 Comply with requirements of the General Conditions. Supply shop drawings for approval. This section specifies the supply and installation of all Water Spray Fixtures including concrete footings, all excavation,backfill,hardware,fittings,nozzles,piping to valves,accessories and finishes required,in accordance with the plans,specifications and direction of the Consultant. Water spray equipment to be supplied by: Vortex Aquatic Structures International Inc. SPECIAL PROVISIONS-TENDER ITEMS 20 CONTRACT NO.CL2001-38 tDistributor: Crozier Agencies Head Office: 8— 1865 Sargent Avenue Winnipeg,MB R3H OE4 Contact: Ken Crozier Tel: 1-800-665-3821 Fax. (204)774-6099 Email: crozier(u,mb.s=atico.ca www.crozier.ca Equivalent sources for water spray equipment(approved by Consultant and Municipality): Waterplay Manufacturing Inc. P.O.Box 909 Penticton,BC V2A 6J9 Tel: 800 590-5552 (250)493-1693 Fax.(250)493-1675 MarketingQwat=IgX.corn Distributor. Playcare Inc. P.O.Box 394 Schomberg,ON LOG 1 TO Tel: 800 899-5053 (905)859-7529 Fax. (905)859-1118 www.playcareinc.com Equipment to be installed is as per manufacturer's specifications. Silver solder for all spray fixture joints in copper under ground. Spray fixtures shall be constructed of stainless steel of type 304L schedule 40 pipe,with a wall thickness of.280"and stainless steel plate materials will be of a 2B finish stainless steel,or if Aluminum,shall be of ' 6063 alloy,schedule 40 with a wall thickness of.280" Spray fixtures to meet ADA compliance,handicap accessible. Spray fixtures will be supplied with all necessary anchoring hardware(see hardware)and installation templates,shipped in time to accommodate site work. Spray fixture nozzles shall be of brass construction,three-piece assembly,interchangeable with a standard receiving brass body.Nozzles will address water consumption,and variable water displays,through attachments in the interchangeable fittings.All nozzles will be supplied with'custom'securing tools for access to interchangeable parts. All ground level spray fixtures to have pressure test and winter close off fittings.All water lines to drain to low point. Vandal proof quick coupler to valve to drain line to sub grade(as approved by the Consultant). SPECIAL PROVISIONS-TENDER ITEMS 21 CONTRACT NO.CL2001-38 All spray fixtures are to carry a minimum Warranty in writing of three(3)years,on all workmanship and materials. ' Coating:Fixtures other than Silverflow series shall receive a coat of weather resistant polyester powder, baked application,similar to that manufactured by Tiger Drylac U.S.A.Inc.or approved equal.Coatings shall have a gloss finish,have ultraviolet inhibitors,withstand 1/10th no removal @ 160 in/lb.,exceed all specifications of organic coatings,and a film thickness of between 1.5 to 3.0 mils(determined by colour and finish). Electrical:All electronic operating systems shall be equal to or better than manufacturer's.All electrical operating systems including activation fixtures(above grade or flush with grade models),and control panels,shall be CSA/UL approved specifically for waterpark operations.All mechanisms are to have no moving parts,and be made accessible only with use of manufacturers supplied,tamper proof,stainless steel security hardware.All wiring to be specified and approved by the manufacturer of spray fixtures. ' Footing:Concrete for footings shall conform to manufacturer's specifications. Granular:Granular`A'. Sand: Shall consist of clean builder's sand consisting of hard,durable uncoated grains,free from lumps of clay or other deleterious substances,of such size that when dry 100 percent shall pass a No.20 sieve and not more than five percent(5%)by weight shall pass a No.100 sieve.The sand may be rejected if it contains more than six percent(6%)by volume of loam and silt. Flexible Copper Tubing:Pipe:The water service pipe shall be hard temper type"K"copper tubing meeting the Department of Purchase Specification No. 32-T-1.64 and ASTM No.B88-1974.All tubing and fittings shall be as specified in item'Copper Tubing'.Copper tubing and fittings are to be supplied from valves on the water supply line to the water chamber,with the connection to the fixture to be made with a dielectric coupling. Fittings: Shall be approved red brass class"A"threadless type,containing no less than 85%copper adaptable for copper tubing. Joints: Shall be made by soldering,using silver solder. Pipe and Fittings:Main line pipe to be series 160 polypipe.The distribution laterals and fittings are to be series 160 polypipe.Insure that a 2%slope is consistently applied to all piping to ensure positive gravity assisted drainage of the entire system.Ensure all fittings are secured to close openings(off season)to protect from water entry back into the piping system. (See nozzles section).Drain complete system to catch basin with valve shut off. Water meter and water distribution vault as detailed on plans.Point of connection hardware fittings as detailed.Water meter as per Region of Durham standard(50 mm(2")water meter),double check valve to be Febco,or equal,Wye strainer to be Watts or equal.Master valve to be HBV Brass and component valves are to have pressure regulating,and flow control configuration,or PR V assembly at each valve point as approved by the Region of Durham. Drainage: see drainage systems. SPECIAL PROVISIONS-TENDER ITEMS 22 CONTRACT NO.CL2001-38 Hardware:All hardware,fittings and fastenings shall be as indicated on the shop drawings as may be required to complete the installation.Anchor fasteners to be stainless steel. Lag Bolts: Shall be of best quality stainless steel with flat type vandal proof head in size indicated on plans.Anchors shall be stainless steel in size required.Hardware to be tamper proof stainless steel. Contractor to supply security tools for access. The Contractor shall submit drawings of the spray fixtures including spray nozzles and colours for approval. Excavation for Foundation:All excavation shall be cut accurately to required lines and dimensions for work as indicated on the drawings and shall be large enough to provide adequate clearance for the proper execution of the work within them. The Contractor shall install all necessary piping in general accordance with the plan,however the Consultant reserves the right to change the routing,or depth of pipe. Special care should be taken to ensure that all backfill material be free of debris that could damage piping.All piping shall be surrounded by 6" envelope of sand,to ensure compaction and protection and sloped to drain. Cast in Place Footings:Inspection:When the excavation has carried out to the required depth as shown on the drawings,the Contractor shall do no more work until after the inspection by the Consultant,who shall order the foundation work to proceed,or further excavation as the conditions indicate,and no other work shall be done until the excavation has been approved by the Consultant. Forms:Forms for footings shall be lined with exterior grade plywood.The formwork shall be coated with an approved oil or lacquer. Curing:All finished concrete shall be protected and kept moist continuously for three days,as directed. Installation: The Spray Fixtures and ground sprays shall be installed in accordance with the manufacturer's specification,and approved by the Consultant.The Contractor shall use extreme care when installing spray fixtures,and it is advisable to leave intact all wrapping through installation,to be removed upon completion. Entire assemblies shall be installed in accurate location,square and plumb,and in required location to surrounding finished grade,on footings,as shown on the plans. Testing:All Spray Fixture components shall be water pressure tested before backfilling and paving,and/or pouring of concrete slabs and/or asphalt work.The Contractor is to ensure all water supply lines are free of debris,and flushed of any foreign material,prior to the hook-up of any spray fixtures,and,the Contractor shall have inspected the entire system(including all electronic systems)in the presence of the Consultant. Prior to the backfilling of any supply lines,joints or connections,the entire system shall be maintained under full pressure,for no less than one(1)hour. The Contractor is to ensure all nozzles are adjusted and secured to the Owners satisfaction.The Contractor is to test all drainage systems of the spray fixtures. Measurement and Payment:For each Spray Fixture furnished and installed complete in accordance with the plans and specifications and directions of the Consultant,the Contractor shall receive the bid unit prices. SPECIAL PROVISIONS-TENDER ITEMS 23 ' CONTRACT NO.CL2001-38 The price bid shall be unit prices for each Spray Fixtures shall include the cost of all labor,materials,tools,plant equipment and incidental expenses necessary to furnish,construct and install each of the various fixtures complete including excavation,all pipes up to the valves,concrete footing, hardware and fittings,sand and stone and all other work necessary to complete the work in accordance with the plans and specifications to the satisfaction of the Consultant. Provide shop drawings of control system. Power Supply: 120 Vac 2A full load,maximum. Contractor to provide name of certified electrician in his tender. Supplier to pre-train electrician on electrical installation for trouble free installation. Wire Type: SJO or SJOW having diameter of 0-31",3 conductor.Each activator requires on full, uninterrupted run per sensor,through conduit to the controller location and additional ground wire#14.All wire connections,water tight(see details). Solenoid Valves:Must be of type having 24 Vac,250 ma maximum holding coil rating. Valve Wire:#14 A WG type R90,plus one common per valve back to the controller location. ' Water Service:The water service to the site is 2"diameter copper.The controller is to be programmed to send water to the features in sequence in accordance with water supply. ' Backflow Preventer: Backflow preventer to be approved by the Region of Durham and Municipality of Clarington and C.S.A. standards and local plumbing codes,and meet Consultant's approval.Backflow preventers to be complete with gate valve and test codes. Water Meter:To Region of Durham requirements 50 mm(2")line meter or better. ' Electrical Control Valves: Shall be brass(HBV)pressure regulating and flow control configuration,c/w pressure gauge,or add brass PR V downstream of the standard brass valve.24 Vac solenoid,(.2 AMP)c/w manual operating features.With spring loaded diagram for positive closing. The body shall be a waterproof 1 encapsulated coil and corrosion roof solenoid.All wiring shall meet local codes and all splices shall be waterproof and insulated. (Tm:#14 AWG type R90). Layout: A single wire connecting each solenoid to the controller and a common neutral wire to all solenoids to the controller shall serve as the power.supply ground controller. Quick coupling valve(QC)shall be installed in each supply system such that the entire system may be blown out by use of air pressure.Operating valves should be positioned at the lowest point and allow for "Gravity"drain features. All items shall be carefully installed and supported in their positions free from all distortions and strain.All materials shall be inspected for defects in workmanship or materials.All supply lines are to be free of any debris and foreign material.Test all items. A sufficient number of unions shall be installed to allow the dismantling of any and all valves and equipment.PVC piping(polyvinylchloride)shall be schedule 40 with solvent weld bell ends and meet with all local codes. The pipe shall be laid in trenched to grades such that the system drains to the drain valves. SPECIAL PROVISIONS-TENDER ITEMS 24 CONTRACT NO.CL2001-38 ' At the low pint of each supply line,there shall be a 6" sand envelope surrounding the entire length of all piping. i ' SECTION G-SITE FURNITURE BIKE RACKS-ITEM NO.G1 Payment shall be made under this item for the supply and inground installation of steel bike racks as indicated on the layout plan and detailed in the Contract Drawings.The Contractor is to ensure that bicycle racks are installed plumb and level. The bike rack is Model No.TC-7 and galvanized as supplied by: Trystan Site Furnishings 66 Swan Street Ayr,ON NOB 1 EO Tel: (519)632-7427 Fax.(519)632-8271 ' Or approved equal. The asphalt pads under the bike racks are to be paid for under Item D 1. ' BACKLESS BENCHES and BENCHES WITH BACKS-ITEMS NO.G2 and G3 Payment shall be made under this item for the supply and inground installation of the benches as indicated on the layout plan and detailed in the Contract Drawings. The Contractor is to ensure that benches are installed plumb and level. The colour of the benches is to be silver for the frame and sand for the Ultraplast. The two benches are model No.594101 Ultraplast and No.594002 Ultraplast for inground installation as supplied by: Urbain Design www.urbain-desijzn.co Crozier Agencies Head Office: 8— 1865 Sargent Avenue Winnipeg,MB R3H OE4 Tel: 800-665-3821 (204)774-6084 Fax. (204)774-6099 ' Email:crozier(i�mb.o=atico.ca www.crozier.ca Or approved equal. The asphalt pads under the benches are to be paid for under Item D 1. GARBAGE CANS WITH COVERS-ITEM NO.G4 _ SPECIAL PROVISIONS TENDER ITEMS 25 CONTRACT NO.CL2001-38 Payment shall be made under this item for the supply and installation of the garbage cans as indicated on the layout plan and detailed in the Contract Drawings. Contractor to ensure that cans are installed plumb and level. The colour of the garbage can is to be silver for the frame and sand for the Ultraplast. The garbage cans are Public Place Model No. 184418 for inground installation and Cover No. 1OC402 as supplied by: Urbain Design www.urbain-design com Crozier Agencies Head Office: 8— 1865 Sargent Avenue Winnipeg,MB R3H OE4 ' Tel: 1-800-665-3821 Fax.(204)774-6099 ' Email:crozierAmb.svmpatico.ca www.crozier.ca Or approved equal. i 1 CORPORATION OF THE MUNICIPALITY OF CLARINGTON ' CONTRACT NO. CL2001-38 STANDARDS P/42-80010/Specs-Reten&r/18808.wpd ......................... Mea under �.� construction End n �`er Barrier C `>> ' main run End run M� Area under protection +j it IV PERSPECTNE VIEW Area under Direction of flow ' construction ' Area under protection -� SECTION VIEW Straw bale barrier Straw bales Direction of flow Stakes 150mm . A r+ from end of bales o a ■ ■ a ■ ■ a a ti ��.. Main run ' AL+ PLAN VIEW ' Straw Dale Stake driven flush II 1 I Ties not to be I } in contact with _ I ground Direction I I Earth surface of flow I I II 75 Note 1 v SECTION A-A NOTES: 1 Balance of excavated trench to be backfilled following bale placement. A All dimensions are in millimetres or metres unless otherwise shown. ONTARIO PROVINCIAL STANDARD DRAWING 1996 02 01 no_ LIGHT DUTY pa{e _ _ _ _STRAW BALE BARRIER OPSD - 21 . 10 Area under f^•1 construction f< End \� ell run 1% Barrier „r i ) main rung End run 4A4 Area under protection w S PERSPECTIVE VIEW Area under Direction of flow ' construction Area under protection SECTION VIEW Silt fence barrier h Direction of flow �A A ('® ti� Goa 2.3m max Typ I Main run 1 A L0. PLAN OF SILT FENCE BARRIER Stake ' Geotextile c ' E E 0 Direction G� coo Trench to be of flow backfilled and compacted Earth surface 0 0 ' N I O 300M min o Of geotextile 200 fO in trench SECTION A--A NOTE: A All dimensions are in millimetres or metres unless otherwise shown. ONTARIO PROVINCIAL STANDARD DRAWING 1996 02 01 Rev LIGHT DUTY Date _ _ _ _ _ _ SILT FENCE BARRIER OPSD - 219. 110 Direction of flow 1 � B Spillway Q A p o A C �d o 1 ca 1 aB PLAN VIEW 1 ° v or 300mm min 300mm min nee s� 150 oAe 100 1 Spillway ,0 Geotextile 1 ( SECTION A—A 1 � 150 Second rift of of rock Geotextile Direction of flow o `s7 Rock 4'1 First lift of rock 200mm Trench to be 1 backfilled and 200mm-�---� compacted NOTE: SECTION 8—B `-300mm min ' A All dimensions are in millimetres or in trench the in trench metres unless otherwise shown. ONTARIO PROVINCIAL STANDARD DRAWING 1996 02 01 Rev TEMPORARY ROCK FLOW CHECK Date _ _ _ _ _ _ v—DITCH [_0 P S D - 219.210 . For adjustment ------ r unit and frame r'1-------15 installation see -� ---_-�_ OPSD-704.010 Typ Tapered top - See alternative D ALTERNATIVES 1200mm dia Riser sections A SUMP FOR STORM SEWER as required MAINTENANCE HOLE ---- Monolithic base with - ♦ 300 inlet and outlet 300mm max : + Note 1 ' . openings to suit Typ See aitemoUves A.B and D rr '%' ' •' ' 300mm. Typ Granular Granular bedding bedding B PRECAST SLAB BASE C CAST—IN—PLACE BASE D PRECAST FLAT CAP ' Bottom riser section with inlet and outlet openings to suit Riser 150 Flat cap section 150 1200mm dia 275{ 1 Riser ' ♦ •( 4. A �; •� •�"• _ ,� section j • 300 i Lis.e. •t--�`�•' t1 L-�...�.—ice__ .:i:._J Granular Steel reinforcement Granular ' bedding as specified bedding NOTES: 1 The sump is measured from the lowest invert. E For benching details. maximum pipe A Granular diameters and flow configurations.nular backfill to be placed to a minimum see Opsp-701.021. thickness of 300mm all around the maintenance hole. F All dimensions are nominal. B Precast concrete components according G unless otherwise shown.millimetres to OPSD-701.030. C Structure exceeding 5.Om in depth to include safety platform according to OPSD-404.020. D Pipe support according to OPSD-708.020. ONTARIO PROVINCIAL STANDARD DRAWING April 1999 ONT Rev 2 sr P PRECAST MAINTENANCE HOLE - - - - - - - - - - _ 1200mm DIAMETER OPSD -.--.701 .010 �r AddAM io I 1. Right angle bend 2. Tee connection 3. Three way junction Fk 2 { + / + + IN F.J 4. Four way junction 5. Straight through 6. Dead end As specified 8:1 min D/2 - Concretes '. .! 50mm min 7. Wye connection 8. 450 bend Section NOTES: _ A -Concrete for benching to be 30MPa. B Benching to be given wood float finish, channel to be given steel trowel finish. -C All dimensions are nominal. D All dimensions are in milimetres or metres unless otherwise shown. MAXIMUM SIZE HOLE IN THE WALL IN PRECAST RISER SECTIONS Maintenance No.7 Hole Diameter No. 1-4 No. 5 do 6 No. 8 Inlet Hole Outlet Hole mm mm mm mm mm mm 1200 700 860 780 700 860 1500 860 1220 960 860 1170 1800 1220 1485 1220 1220 1485 2400 1485 2020 1760 1485 2020 3000 1930 ----2-460- 2300 1930 2450 3600 1 2195 1 3085 1 2730 1 2195 3085 ONTARIO PROVINCIAL STANDARD DRAWING 1998 03 011 Rev 11 T 0 P MAINTENANCE HOLE BENCHING - - - - - - - - _ - �, S AND PIPE OPENING DETAILS LOPSD- 701 .021 _ 2-15M O 150mm 2-15M O 75mm i }7 3-iSM O 150rrxn IYM'F CI1 steel: L 1 230mm /m A � ++ A 2-,5M e ,SOmm tj'K a eb,�„�� ? ,r ....,�1 B \ B I PLAN 15M 2-15M O 75mm--v 3-15M O ,50mm I I Grate r.fsrence elevation 230 230 —1 (--ee5—) t-- Top.r.d lop --�-- -" 1- , WWF PLAN C -- I --- C not cap / } 2 Omm-/m 147Smm ew O - 300 205 685+1 ( Y PLAN � 1 \ 125 MOrnrn dla Imo- 123 I SECTION A—A SECTION B—B TAPERED TOP FLAT CAP Riser section I 4-15M O 300mm OC 4-15M O 300mm OC E each way �h way 1:5--{ 1200mm dle Ir- 123 uonollthie bas.. `— f + -t T- Z� %so sl h with D D E E s E i f �. riser ® WWF a $1801: 15M 63rd bogy ✓� 52 O � r� awry 3rd bor I ( PLAN 25omm /m p� as shown 1200mm dla L 125 125 s 0 m from max 2400mm, _ ______ 1vwF art 8081: SECTION C—C ,5omm inerem.nle Z 250mm /m --147Smm eta iSM bent bar RISER SECTION NOTES: 300 O _ __ awry 3rd ear as shown 1 Precast bases are available for SECTION E—E depth of bury greater than 10m. "'SECTION D—D BASE SLAB Depth of bury measured to floor of MONOLITHIC BASE 1 MOM max monolithic base or top of base slab. IO.om max Note 1 A All reinforcing steel shall have Note 1 25mm minimum cover. ONTARIO PROVINCIAL STANDARD DRAWING 1998 03 01 Rev 1 T B agep d OPSD-405 020.OPSD-405.0,o PRECAST CONCRETE P C All dimensions are nominal. MAINTENANCE HOLE COMPONENTS - - - - - - - - - -- �''� S D All dimensions are in millimetres 1200mm DIAMETER or metres unless otherwise shown. OPSD -- 701 .030 «Povt Curb---j r._.__Pavt--+- Curb Top of grate F Top of grate elevation 75 mm min clearance elevation �- Top of grate elevation for adjustment of frame. I i Frame to beset in Standard frame --- -7i Standard frame Standard frame r cement mortar (Typ) and grate �,•i _ _ and grate and grate l I _L I �y_ '�•I Adjustment units Mortar &A! n of one; Max of three Marto r (Typ) 0 1 ♦ : 450 ° __e_ e ♦. s e s . SECTION THROUGH SECTION THROUGH CATCH BASIN SECTION THROUGH FLAT CAP TAPER CONE Ladder rung Notel ---- -- -- Adjustment units s for manholes with Frame and grate ' -0 -Adjustment units for round openings I / _ catch basins with (Available in r---- ^7 square openings sections or I (Available in sections continuous units) I l or continuous units) Catch basin Flat cap II i ' I Riser section Toper cone I NOTES: ONTARIO PROVINCIAL STANDARD DRAWING Date 1 1983 12 01 Rev I Adjustment unit shall include pate ladder rungs to maintain the MANHOLE AND CATCH BASIN 300 mm spacing between rungs and as specified. PRECAST CONCRETE - A All dimensions are in millimetres ADJUSTMENT UNITS OPSD.- 704.01 unless otherwise shown. r: CONCRETE CRADLE FLEXIBLE, WATERTIGHT CONNECTOR FLEXIBLE FLEXIBLE PIPE RIGID PIPE RIGID AND FLEXIBLE PIPE rTr�r�rl"ir�r� r p C e) E + C - .•: ... • �"• � -+{ �•-300mm min °o Flexible joint to be I ' n for installation of these connectors placed within 300mm refer to manufacturer's instructions. of wail of structure I A full length of pipe may be used in conjunction with a flexible. PLAN 7 watertight connector. -1 300mm min Catch basin or ", maintenance hole , L Granular back sill I Granular backfill 2r* Granular bedding ELEVATION R X X X X 300mm min It Granular bedding Note 1 ELEVATION NOTES. ONTARIO PROVINCIAL STANDARD DRAWING 1996 09 15 Rev 1 Pipe to be supported with minimum Sp Pa concrete to the first pipe SUPPORT FOR PIPE AT CATCH — — — — — — — — — — Date _ — _ — _ _ A All dimensions are t millimetres BASIN OR MAINTENANCE HOLE or metres unless otherwise shown. OPSD "' 708.020 PIPE IN SUPPORTED PIPE IN UNSUPPORTED PIPE IN SUPPORTED EXCAVATION o EXCAVATION EXCAVATION Note 3, Typ Subgrade 2 Support system Q� 1 •. yp 1 Clearance, • 8aekfilt material. see table, Typ • For culvert frost treatment 1 • 300mm min. •• Note 2 1• , TYP ' • ►- Clearance, • see table 300mm min D 150 n °OE N • _ TYPE 1 OR 2 'TYPE 3 � • ,; SOIL SOIL o 2 150 0.50 • 0.50 Bedding grade Note 1 Note 1 PIPE IN SUPPORTED PIPE IN UNSUPPORTED LEGEND: EXCAVATION EXCAVATION � Subgrode ,0 — Inside diameter 2 NOTES: '.` I The pipe bed shall be shaped to receive the bottom of the pipe. '.�: ••• • , ;;, 8ackftll material. 2 Pipe culvert frost treatment according to OPSD-803.030 and 803.031. .•;,' •, • For culvert frost treatment Note 2 3 Condition of trench is symmetrical about centreline of pipe. . A Granular material placed under the haunches must be compacted 150 ' Bedding grade CLEARANCE TABLE prior to continued placement and compaction of embedment material. 2 0.5 D TYPE 4 lnaide Dlamet Clearance B Embedment material shall be homogeneous granular material, and Note 1 SOIL mm mm shall be placed and compacted uniformly around the pipe. goo or less 300 C Soil types as defined in the Health'do Safety Act and over goo 500 Regulations for Construction Projects. D Protection against heavy ONTARIO PROVINCIAL STANDARD DRAWING 1998 09 15 Rev construction equipment according OSP to OPSD-808.010. FLEXIBLE PIPE — — — — — — — — — — £ All dimensions are in millimetres Date — _ — — — — or metres unless otherwise shown. EMBEDMENT AND BACKFILL EARTH EXCAVATION OPSD - 802.010 Pipe Profile grade, , 10( k — d) d 10( A- — d) 4. S ubgrade ' Granular limit of �• '' F backfill pipe clearance k rcat to erg Note 2 fi)!p ,� :• Earth till It,Frost�enatration line below bottom of bedding��ade..,, Note 1 Bedding grade _ `___.•.-------- FROST TREATMENT -- RIGID AND FLEXIBLE PIPE NOTES: D All dimensions are in millimetres or metres unless 1 Pipe embedment according to: otherwise shown. a) Flexible - OPSD-802.010, 802.014, 802.020 and 802.024; LEGEND: b) Rigid 2. 050 OtoS802 052 3ando 802.034,802 454. d _depth of roadbed granular 2 Frost tapers start at bedding grade. k -depth of frost treatment A Protection against heavy f -depth of frost penetration construction e ui ment according ff96 9 15 Rev to OPSD-808.1�. ONTARIO PROVINCIAL STANDARD DRAWING 8 Frost tapers are not required in - - - - - — OSProck embankment. FROST' TREATMENT •- PIPE CULVERTS C Frost tapers not required when - _ - - - - frost line is above the top of FROST PENETRATION LINE BELOW O3,Q3O pipe. BEDDING GRADE OPS� �" 8 600 I�zr ❑OC7® 13013 130130 -T 0000 .� 8 MAINTAIN A GRATE SECTION C-C i4A1NTA114 ANGLE go 06M N LL SECTION 8-8 3as g A rs �o _ N 0 _F A g 303 A- SLATE 3 DEEP 94 HINGE PIN � a2a I FRAME 20-11 620 ----1 20 OI 610 SECTION A-A ALL DIMENSIONS ARE IN MILLIMETRES ITown of Newcastle Public WoEs Oe rfiat ,p *N No .�e - PYRAM I DAL TYPE f C.B. FRAME Ek COVER N —221 DATE JULY 2 5, 1988 10 OUTPUT CONTROLLER VX01-10 The Controller shall be UL Listed to US, and Canadian safety standards. It shall possess the following components and characteristics. Programmable: The controller shall be factory programmed with a variety of spray sequences designed according to the requirements of the client. The controller shall be equipped with the flexibility to modify the sequences using a transportable memory cartridge. Time switch: The controller shall be equipped with a 24hrl7day programmable digital time switch to set the operational hours of the facility. The time switch shall have the ability to program a different schedule for each day of the week or have several days operate on the same schedule. The time switch shall have a 100-hour battery backup system in case of power failure. Transformer: The controller shall contain a 120V primaryl24V secondary transformer with built- in electrostatic shield protection. Solector Switches: The controller shall have 3 position selector switches for each solenoid valve,the activation device and the time switch. These switches shall be used to select the operational made of the components(Le. hand,off and automatic). Enclosure: The con"ller shall be equipped with a corrosion-resistant, fiber-reinforced electrical enclosure with NEMA 4X rating. The enclosure shall have stainless steel lockable latches. The selector switches and time switch shall be mounted on a stainless steel faceplate. Outputs: The controller shall have the capability of controlling a maximum of 10 solenoid valves. Inputs: The controller shall have the capacity to receive signals from 10 separate detecting sources operating on 24VQC. VXOI-10 CONTROLLER LOCATED IN EQUIPMENT VAULT OR REMOTE 1XICATION 120 VAC,SA, 60 Hz INDEPENDANT POWtP SUPPLY ELECTRICAL CONDUIT (3)14 GAUGE CONDUCTORS PER ACTIVATION DEVICE ELECTRICAL CONCUT 12114 GAUGE CONDUCTORS CONINECIOCINS TO PER VALVE ACTIVATOR CAP JA COMMON NEUTRAL MUST BE SECURE MAY BE USED FOR UP TO TEN AND WATIERTIGRT ELECTRIC VALVES) Y. ELECTRIC VALVE LOCATED IN EQUIPMENT VAULT VALVES ARE PREWIRED TO CONTROLLER ACTIVATION DEVICE WHEN CONTROLLER IS INSTALLED IN A YORTEX V02-13, V02-73,V02-81, EQUIPMENT VAULT LOCATED ON SPLASH PAD VX01-10 Dwq. No. VX02-10 Stale;--- INSTALLATION VORTEX DRAWING Draw,by MPr, Clatei 99/101" UnIhINCH THS#WPM IS AT At TKS Ift MWEM 9101181EX AQU-TK VFIKWS— IWTE"tk—K.AIA(~K ump idTmn imTlf*tow-1 OF Omit' Approved by.No Date:jcq)scj4p SheeftVl STftKr0X%ATERMM"L W Fire-Hydrant Activator V02-23 Product Specifications The Fire Hydrant shall be constructed of 10" schedule 10 stainless steel 304/304L pipe. It shall have an overall height of 55" and rise 43" above final ` grade. There shall be four 6 5/8" diameter rounded stems mounted on the �. structure. There shall be one tamper resistant brass spray nozzle mounted flush with the surface of each stem. Each nozzle shall be threaded and secured into a stainless steel housing using a tamper resistant tool. The nozzle and housing system shall be designed to eliminate finger entrapment and protrusion hazards. Each nozzle shall be equipped with a diffuser to produce a soft full-cone spray and protect users against potential surges in water pressure. A special tamper- resistant tool shall be provided for installation and removal purposes. The activation cap shall be constructed of rigid high-density polyurethane and be = secured using a tamper-resistant system. The polyurethane shall be W resistant, non-porous and nonflammable. The activator shall operate on 24 VDC ' with no visible or moving parts and shall be accessible by removing the polyurethane cap with a special tamper-resistant tool. There shall be a '/" stainless steel internal conduit with a male threaded 3/4" NPT stainless steel connection. The structure shall be mounted on a 3/8" x 14" x 14" stainless steel 304 base plate and anchored with four %" x 3" x 12" stainless steel 304 anchor bolts. The water inlet shall be a male threaded 1" NPT stainless steel connection. All welds shall be polished and non-visible. The structure shall be sandblasted and finished with a polyester powder coat. Available Colors: Spray Pattern Refer to catalogue for color selection 15 Feet W ,S --- 26 (610mm( --� e 24" (690mml 6 ® ELECTRICAL CONDUIT o O 3/4" NPT COUPLING (BY OTHER) ELECTRICAL CONDUIT (BY OTHER) RIGID HIGH DENSITY POLYURETHANE ACTIVATOR CAP 141 TAMPER RESISTANT BRASS NOZZLES MOUNTED FLUSH � WITH SURFACE OF STRUCTURE 4r (1101mmi 10 '!t" 0 [233mm) S.S. STRUCTURE 14" 1356m) FINAL GRAM TYP 99" [279rmral WATER INLET 11" r NPT COUPLING o 0 JOY OTHER) PLUMBING 0 r -' JBY OTHER) o 12" [305nomi + + V44 _ _ " [66mon] + + + ++ a I t ++++ COMPACTED GRANULAR + + a ++ + TYP + + Ii I �' :- + + (41 3/4" X 3" X 12" + + - lC . := + S.S. ANCHOR BOLTS ANCHORING DETAIL + + + ;'- : % . ` . -�. : + + 00mm X 35mm X 300mm) J + t+ t+ ++ ++ CONCRETE BASE A CONSTRUCTED BELOW + + + g A + + FROST LEVEL + + . ' + + FLOW : 8 to 10 GPM (30 to 40 LPM1 + + + + + - PRESSURE : 15 to 20 PSI ILO to 1.4 BAR] �---� FIRE HYDRANT ACTIVATOR V02-23 Owg. No. :V02-23 Scale:--- VORT"FX INSTALLATIM 13RAWNG Drawn by:MPG Date:99/10/14 Unit:NCH N AT:u:o� 1 e iroRloc ��/ A"It sMKnM■main Approved by Date, Sheet:l/1 INSTALLATION FOR SAFETY SURFACE SAFETY SURFACE 061" 1168mmi 1" (25mml MAGIC MIST STAINLESS STEEL CONCRETE BASE S TAMPER RESISTANT BRASS NOZZLES 1225mml. :. + + 4 + + PLUMBING (BY OTHERI + + + f12" COUPLING (BY OTHERI I305mml WATER INLET (1" NPTI COMPACTED GRANULAR INSTALLATION FOR CONCRETE SURFACE CONCRETE SURFACE 04" f160mml 1" Mmml MAGIC MIST STAINLESS STEEL ' a CONCRETE BASE 9 225mml PLUMBING JOY OTHER) + + + + COUPLING + + + + + + + + + + + + + + + + + + + + + + V OTHER) 92" 1305mm) WATER INLET 0" NPT) COMPACTED GRANULAR FLOW 10 to 12 GPM 140 to 45 LPMI PRESSURE s 10 to 15 PSI 10,3 to 1.0 BAR) VORTEX hOAGIC MIST — V02-33 — INSTALLATION DRAWING Drawn b :MPG Date:00/02/24 Scala; l/8 "--�- AT MA v V02-33 Apptoved by. mate: nit:INCH Sheet:l/1 i Ground Spray V02-14 a , IN , .`11�4y 1 . • t- "i � TMs'(. v�-:� ��iru ' .._ Product Specifications The Ground Spray shall be constructed of 3" schedule 40 stainless steel 304/304L pipe. It shall have an overall height of 10" and installed flush to final grade. A brass spray cap shall be threaded and secured into the stainless steel pipe using a tamper resistant tool. The spray cap shall have a 10-hole pattern angled at 5° from the vertical. The spray and winter caps shall be designed to eliminate finger entrapment and protrusion hazards. A special tamper-resistant tool shall be provided for installation and removal purposes. The water inlet shall ,- be a male threaded V NPT stainless steel connection. Spray Pattern: 12 Feet J ONSTALLATION FOR SAFETY SURFACE _ GROUND SPRAY '° e; ACCESSORIES: 2 PRONG T-HANDLE � 1 [89mom) SAFETY SURFACE WRENCH / A GROUND SPRAY WINTER CAP / STAINLESS STEEL CONCRETE BASE 10" Q254mato) •. •. , COMPACTED GRANULAR ° % . ++ + ' ;' + + +- PLUMBING (BY OTHER) + + - + + + + + " [6mml + + + + + + + + + + + + - COUPLING BY OTHER) �� [Scorn) + + + + + + + + + + ---� - + + + + + ++ + + + + ++++ ++ + + + *- WATER INLET trKPTI r1Slmml INSTALLATION FOR CONCRETE SURFACE CONCRETE SURFACE L VIEW A � GROUND SPRAY �I 4« 189mm) 12" [305m ml STAINLESS STEEL e' . • a 10"' 1254mm) CONCRETE BASE Vi ' COMPACTED GRANULAR + + ++++ . 12" 1305mm8 .o. PLUMBING (BY OTHER} + + + + COUPLING + + + + + + + + + + (BY OTHER) - + + + + + + + + + + - TAMPER RESISTANT + + + + + + + + + + + BRASS SPRAY [AP WATER INLET h" NPTI - + + + + + + + + + + - FLOW : 10 to 15 GPM 140 to SS LPM) PRESSURE : 10 to 15 PSI 10.7 to 1.0 BARI GROUQ10 SPRAY V02-14 INSTALLATION DRAWING Drawn :MPG Dates99/10/14 Scale: 1/8 --�---- ,OI�mAvrA wK6=wwxwu==mwwv l jDwg. No. ;V02-14 lApproved b s Dates lUnitdNCH Sheets 1/1 Water Tunnel V02-10 �•� it��=�'a�� _:•A :)t .,cr-� - .i- •�' - :.i a_taa:ti a'•'=:��_•1k-'-. ! -�4 Ti•: ::tS •.�" ^7''- ' -- .tom - -=` � ..�•�,::�. —_. - Product Specifications The Water Tunnel shall be constructed of 3" schedule 10 stainless steel `- 304/304L pipe with an overall length of 132". It shall have an overall height of 14" ' and installed flush to final grade. There shall be eight nozzle housings, constructed of 2" schedule 40 stainless steel 304/304L pipe, welded to the ` structure. The housings shall be threaded to accept a tamper resistant brass ' nozzle. The nozzle shall produce a single water stream. The direction of the water jet shall be adjustable to a maximum 25 degrees from the vertical. A special tamper resistant tool and eight winter caps shall be provided. The water inlet shall be a male threaded 1-1/2" NPT stainless steel connection. Spray Pattern: 12 Feet Adjustable 2' to 12' ' 3 Adjustable 2' to 12' 'r i ii wit iit_ 130" 1349 mml (8) TAMPER RESISTANT 16" [457 m l 6" 1152m m] ADJUSTABLE BRASS SPRAY CAPS Typ •e . Q e A e e 12" 1305mmi L-j -,Ap - , - :.. $ :4-. - A WATER INLET 1 1/2" NPT GASKET 1 18" COUPLING (BY OTHER} S.S. STRUCTURE PLUMBING (BY OTHER) 14" 056mm] A n .a CONCRETE BASE + + + + d r7 ♦ • + + + + + + + + + + + + + + + + + + + + + + + + + + + . . +----- COMPACTED GRANULAR + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + 1 1 1 1 1 1 L A. 1 J. ..L 1 A. 1 1 1 A. A. 1 .6 1 1 1 1 L. 1 1 1 L. 1 132" I3353imm] ACCESSORIES: ADJUSTABLE JET ' from 0' to 25' WINTER CAP NO) I i � VIEW A 2 PRONG T-HANDLE FLOW 1 32 to 1*0 GPM 1120 to 150 LPM) WRENCH PRESSURE : 10 to 15 PSI 10.7 to 1.0 BAR) V WATER TUNNEL - V02-10 - ONSTALLATODN DRAWING Drawn b :MPG Date:99/12/14 Stale: 1/20 „�,►. X„�la Im R� v.►�m►w� Orr . No. : V02-10 Approved by.- Date: Unit:IMCH Sheet;1/1 r Elephant Shower V02-29 1 S r Product Specifications rThe Elephant Shower shall have an overall height of 55" and rise 43" from final grade. The support post shall be constructed of 4" schedule 10 stainless steel 304/304L pipe. The head shall be a 12" diameter 11-gauge stainless steel sphere. The ears and trunk shall be cast stainless steel with a minimum wall thickness of 3/8". A threaded, stainless steel housing shall be recessed into the ' end of the trunk. A brass spray head shall be secured into the housing with a tamper-resistant system. A special tool shall be provided for installation and removal of the spray head. The head of the Elephant Shower shall rotate through an adjustable angle about the vertical axis. The rotational joint shall be designed to eliminate any potential safety hazards. The structure shall be mounted on a 3/8" x 11" x 11" stainless steel 304 base plate and anchored with four %* x 3" x 12" stainless steel 304 anchor bolts. The water inlet shall be a male threaded 1" NPT stainless steel connection. All welds shall be polished and non-visible. The structure shall be sandblasted and finished with a polyester powder coat. r Available Color: Spray Pattem: Adjustable - Refer to catalogue for color chart Angle 30" -360° r 1 24" (610mm] 24" [610mm] S.S. HEAD TAMPER RESISTANT SPRAY NOZZLE ROTATIONAL JOINT WITH ADJUSTABLE STOPS 4 V2"O 1114-mm) S.S. STRUCTURE 43" 11042mmJ FINAL GRADE ' WATER INLET 1" NPT 99" [279tmm] [203mnal COUPLING (BY OTHER) Typ 6" TYP • t t*+ PLUMBING (BY OTHER) 2w [305 RI. + O ++ COMPACTED GRANULAR++{~ t+t + (4) 3 14XrXir o 0 t S.S. ANCHOR BOLTS (20mm X 35mm X 344mm) v t t -�' •'.�. � ,+t r++ CONCRETE BASE CONSTRUCTED BELOW ANCHORING DETAIL FROST LEVEL FLOW : 10 to 15 GPM 140 to S5 LPM] PRESSURE : 10 to 15 PSI 10.7 to 1.0 BAR] ELEPHANT SHOWER V02-29 Dag. No. :V02-29 Scala:1/20 VORTEX INSTALLATION EMAWmr2 Drawn by:MPG Date:99/10/14 Unit:NCH TT6 000MM 0:AT ALL IM Tot MMTY oP V01REX AGATE MKINEs u Mc.No czar K um wm*uT wama�00NmT IF vmw Approved by- AGAVE SIAI OM NMMATdML MC. Spray Loops ' V02-49 t+ Product Specifications The Spray Loops shall consist of one (1) to four (4) individual, 6-ft diameter P Y loops. Each loop shall be constructed of 3" schedule 10 stainless steel 304/304L ' pipe. There shall be five tamper resistant brass spray nozzles mounted flush with the inner surface of each loop. Each nozzle shall be threaded and secured into a stainless steel housing using a tamper resistant tool. The nozzle and housing system shall be designed to eliminate finger entrapment and protrusion hazards. Each nozzle shall be equipped with a diffuser to produce a soft full-cone spray and protect users against potential surges in water pressure. A special tamper- resistant tool shall be provided for installation and removal purposes. Each loop shall be mounted on a 3/8" x 14" x 14" stainless steel 304 base plate and anchored with four 5/8" x 6" mechanical anchors. Each loop shall have a male threaded '/4" NPT stainless steel connection. All welds shall be polished and non- visible. All welds shall be polished and non-visible. The structure shall be sandblasted and finished with a polyester powder coat. Available Colors: Spray pattern: 10 Feet Refer to catalogue for color chart ' Each loop may be painted a different color 18 Feet PLUMBING 3/4' FOR A DIFFERENT (BY OTHER) AMOUNT Of LOOPS: . REDUCE OR INCREASE I 24" [610mmi PUS 1 V2' LENGTH OF CONCRETE Typ 1BY OTHER) BASE BY 24' (610mna. EXAMPLE: WITH 3 LOOPS THE • • CONCRETE BASE WOULD (2438anrnl BE 72' (1828mm) LONG . . WATER INLET 3/4" NPT A 3 V2" 0 (89mm) S.S. STRUCTURE FITTINGS (BY OTHER) 600 : (1524mmi TAMPER RESISTANT BRASS NOZZLES MOUNTED FLUSH 11" 1279mwd ' WITH SURFACE OF STRUCTURE (5 PER LOOP) FINAL GRADE Typ ' 0 0 14" (356mml Typ 12" 13 Smut.] + + S/e` X 6' + + + + + + + + (4 PER LOOP) MECHANICAL ANCHOR + + + + + + + +-. + + + + 116mm X 152mm) 4.+ + + + + - * + COMPACTED GRANULAR +++++++++ a ++++++eONCRETE BASE FLOW ; 10 to 12 GPM 140 to 4S LPMI 24" (610mm] —1- - CONSTRUCTED BELOW PRESSURE : 15 to 20 PSI 11.0 to 1.4 BAR] FROST LEVEL �---� SPRAY LOOPS V02-49 Owg. No. :V02-49 Scale:V2S VORTEX INSTALLATION DRAWING; or by:MPG Date:99/10/14 tkdt:HCH ,+1e.�pm 716 000**Xr K AT AL/M6 71E wesulT votrElC A�A1C SIEMICII)ES MAT101 k W-me Cww K un wm=T wwm Omni M van Ap�oved by: Date: Sheet:V1 "-rte PAUA IC SINK TuFm M1E R"113o L me - Three Fall- Silverflow Series V02-509 ■ Product Specifications ■ The Raining Bucket shall consist of three dumping buckets assembled on a vertical post. The post shall be constructed of 4"schedule 10 stainless steel 304/304L pipe. Each dumping bucket shall be secured to the end of a 3" schedule 10 stainless steel 304/304L pipe. The structure shall rise 129"above final grade and have a minimum head clearance of 104". The buckets and arms shall be secured using stainless steel tamper resistant fasteners. The structure shall be mounted on a 3/8"x 11"x 11" stainless steel 304 base plate and anchored with four 3/"x 3"x 12" stainless steel 304 anchor bolts. The water inlet shall be a male threaded 1 '/x" NPT stainless steel connection. All welds shall be polished and non-visible. The structure shall be a stainless steel polished finish. Available Bucket Colors: Spray Pattern: Sky blue, yellow, red, orange and apple green 18 Feet Buckets may be painted different color 41" [1052mml 1 120• Typ — — (3) DUMPING BUCKETS • 11' [229mml Typ r 6" 1203mal 1 Typ 4 1/2 w 0 E114mm1 129" S.S. STRUCTURE [3268mm) ,04« � 0 [2653mm) 0 0 FINAL GRADE 1 3/4" t44r��t1 WATER INLET 1 t/2" NPT COUPLING (BY OTHER) ANCHORING DETAIL ' PLUMBING (BY OTHER) COMPACTED GRANULAR ' 12" [30.5 n_oral+ + + ` +'` (4) 3/4" X 3" X 12" r f ♦ .%4 f f f f f f S.S. ANCHOR BOLTS ++++. if Jr +++'+++ (TOmm X 35nm X 300mnJ r + + �j :k + + + + CONCRETE BASE t+r++++ _ '. = +++ CONSTRUCTED BELOW FLOW : 10 to 30 GPM 140 to 115 LPMI +f f`f`-+f THE FROST LEVEL PRESSURE : 10 to 30 PSI 10.7 to 2.0 BAR) f--� THREE FALL V02-509 Owq. No. :V02-509 Scale:--- VORTEX INSTALLATION DRAWING Dawn by:MPG Date:00/10/16 UNt:INCH ' fC 116 codma K AT ALL Tm TR ma-e nY of mmu AduAm smumm t / "n "TOm K Ala cm"'"usfu bNn=T"Irm cOmsaff E"*m Approved by: Oate: Sheet:l/1 ��r�� AMAM 97MMU K tIQdI"MW K CORPORATION OF THE MUNICIPALITY OF CLARINGTON CONTRACT NO. 2001-38 OPS GENERAL CONDITIONS OF CONTRACT (September 1999) GENERAL CONDITIONS OF CONTRACT Table of Contents SECTION GC 1.0-INTERPRETATION GC 1.01 Captions......................................................................... .......................................... GC1.02 Abbreviations........................................................................................................... 1 GC 1.03 Gender and Singular References............................................................................ 1 GC1.04 Definitions................................................................................................................ 1 GC1.05 Substantial Performance.........................................................................................5 GC1.06 Completion...............................................................................................................6 GC1.07 Final Acceptance...................... ...........................................................................6 GC 1.08 Interpretation of Certain Words...............................................................................6 SECTION GC 2.0-CONTRACT DOCUMENTS GC 2.01 Reliance on Contract Documents............................................................................7 GC2.02 Order of Precedence...............................................................................................7 SECTION GC 3.0-ADMINISTRATION OF THE CONTRACT GC 3.01 Contract Administrator's Authority...........................................................................8 GC3.02 Working Drawings...................................................................................................9 GC 3.03 Right of the Contract Administrator to Modify Methods and Equipment.................9 GC 3.04 Emergency Situations............................................................................................ 10 GC3.05 Layout.................................................................................................................... 10 GC3.06 Working Area.........................................................................................................10 GC 3.07 Extension of Contract Time...................................................................................10 GC3.08 Delays....................................................................................................................11 GC 3.09 Assignment of Contract.........................................................................................11 GC 3.10 Subcontracting by the Contractor..........................................................................11 ' GC 3.11 Changes................................................................................................................12 GC 3.11.01 Changes in the Work.................................... .....................................................12 GC3.11.02 Extra Work............................................................................................................. 12 ' OPS General Conditions of Conbvd-September 1999 Table of Contents-i GC 3.11.03 Additional Work..................................................................................................... 12 GC3.12 Notices..................................................................................................... GC 3.13 Use and Occupancy of the Work Prior to Substantial Performance..................... 13 GC 3.14 Claims, Negotiations, Mediation.................................................. GC 3.14.01 Continuance of the Work....................................................................................... 13 GC3.14.02 Record Keeping................................................................................................ 13 GC 3.14.03 Claims Procedure......................... GC3.14.04 ......................................................................... 13 ........................................................................................................... 14 GC3.14.05 Mediation............................................................................................................... 14 GC3.14.06 Payment................................................................................. GC 3.14.07 Rights of Both Parties............................................................ ............................15 GC 3.15 Engineering Arbitration..........................................................................................15 GC 3.15.01 Conditions for Engineering Arbitration................................................................... 15 GC 3.15.02 Arbitration Procedure............................................................................................. 15 GC 3.15.03 Appointment of Arbitrator....................................................................................... 15 GC3.15.04 Costs...................................................................................................................... 16 GC3.15.05 The Decision................................................................................................:.........16 GC 3.16 Archaeological Finds.............................................................................................16 SECTION GC 4.0-OWNER'S RESPONSIBILITIES AND RIGHTS GC4.01 Working Area......................................................................................................... 17 GC 4.02 Approvals and Permits.......................................................................................... 17 GC 4.03 Management and Disposition of Materials..................:......................................... 17 GC 4.04 Construction Affecting Railway Property............................................................... 18 GC 4.05 Default by the Contractor........................................... GC 4.06 Notification of Default.......................................................... .......18 GC 4.07 Contractor's Right to Correct a Default..................................................................18 GC 4.08 Owner's Right to Correct Default........................................................................... 18 GC 4.09 Termination of Contractor's Right to Continue the Work....................................... 18 Table of Contents-N OPS General Conditions of Conow-September 1999 , GC 4.10 Final Payment to Contractor..................................................................................19 GC4.11 Termination of the Contract...................................................................................19 GC 4.12 Continuation of Contractor's Obligations............................................................... 19 GC 4.13 Use of Performance Bond..................................................................................... 19 SECTION GC 5.0-MATERIAL GC5.01 Supply of Material..................................................................................................20 GC 5.02 Quality of Material..................................................................................................20 GC 5.03 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 GC6.02 Indemnification......................................................................................................23 GC 6.03 Contractor's Insurance...........................................................................................24 GC6.03.01 General..................................................................................................................24 GC 6.03.02 General Liability Insurance....................................................................................24 GC 6.03.03 Automobile Liability Insurance...............................................................................24 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 Contractor's Equipment Insurance........................................................................26 GC 6.03.07 Insurance Requirements and Duration..................................................................26 GC6.04 Bonding..................................................................................................................27 SECTION GC 7.0-CONTRACTOR'S RESPONSIBILITIES AND CONTROL OF THE WORK GC7.01 General........................................................... ...................................................28 OPS General Conditions of Contract-September 1999 Table of Concerns-Ni GC7.02 Layout....................................................................................................................29 GC 7.03 Damage by Vehicles or Other Equipment.............................................................30 GC 7.04 Excess Loading of Motor Vehicles........................................................................30 GC 7.05 Condition of the Working Area.................................... GC 7.06 Maintaining Roadways and Detours......................................................................30 GC 7.07 Access to Properties Adjoining the Work and Interruption of Utility Services..,....31 GC 7.08 Approvals and Permits.................................................................... GC 7.09 Suspension of Work..............................................................................................31 . .,.32 GC 7.10 Contractor's Right to Stop the Work or Terminate the Contract............................32 GC 7.11 Notices by the Contra GC7.12 Obstructions...........................................................................................................33 GC 7.13 Limitations of Operations.......................................................................................33 GC 7.14 Cleaning Up Before Acceptance...........................................................................33 GC7.15 Warranty................................................................................................................33 SECTION GC 8.0-MEASUREMENT AND PAYMENT GC8.01 Measurement........................... .........................................................................35 GC8.01.01 Quantities...............................................................................................................35 GC 8.01.02 Variations in Tender Quantities.............................................................................35 GC8.02 Payment.................................................................................................................35 GC8.02.01 Price for Work........................................................................................................35 GC 8.02.02 Advance Payments for Material...................................................... .....................36 GC 8.02.03 Certification and Payment................................... . ,36 GC 8.02.03.01 Progress Payment Cerffimte.............................. .............................................. 36 . ................................................ GC 8.02.03.02 Certification of Subcontract Completion................................................................37 GC 8.02.03.03 Subcontract Statutory Holdback Release Certificate and Payment......................37 GC 8.02.03.04 Certification of Substantial Performance......................... 37 ...................................... GC 8.02.03.05 Substantial Performance Payment and Substantial Performance Statutory Holdback Release Payment Certificates...............................................................38 GC 8.02.03.06 Certification of Completion....................................................................................38 GC 8.02.03.07 Completion Payment and Completion Statutory Holdback Release PaymentCertificates.............................................................................................39 GC8.02.03.08 Interest........................................................................... .......................................39 . ' GC 8.02.03.09 Interest for Late Payment.............................................. .39 ..................................... GC 8.02.03.10 Interest for Negotiations and Claims.....................................................................40 GC 8.02.03.11 Owner's Set-Off.....................................................................................................40 Table of Contents-iv OPS General ConcRiona of Contract.September 1M GC 8.02.03.12 Delay in Payment..................................................................................................40 GC 8.02.04 Payment on a Time and Material Basis.................................................................40 GC8.02.04.01 Definitions..............................................................................................................40 ' GC 8.02.04.02 Daily Work Records...............................................................................................41 GC 8.02.04.03 Payment for Work..................................................................................................41 GC 8.02.04.04 Payment for Labour...............................................................................................42 GC 8.02.04.05 Payment for Material.............................................................................................42 GC 8.02.04.06 Payment for Equipment.........................................................................................42 GC 8.02.04.06.01 Working Time........................................................................................................42 GC 8.02.04.06.02 Standby Time........................................................................................................42 GC8.02.04.07 Payment for Hand Tools........................................................................................43 GC 8.02.04.08 Payment for Work by Subcontractors....................................................................43 GC 8.02.04.09 Submission of Invoices..........................................................................................43 ■ -GC 8.02.05 Final Acceptance Certificate..................................................................................43 GC8.02.06 Payment of Workers..............................................................................................44 GC8.02.07 Records.................................................................................................................44 GC 8.02.08 Taxes and Duties................................................................... ............................44 -GC 8.02.09 Liquidated Damages..............................................................................................45 -- OPS General Conditions of Contract-September 1999 Table of Contents-v P`O STq~O aP 99 c O P Ontario Provincial Standards for s � Roads and Public Works September 1999 "aL-Pao 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) "MUTCD" Manual of Uniform Traffic Control Devices,published by MTO "OPS" - Ontario Provincial Standard -"OPSD" - Ontario Provincial Standard Drawing "OPSS" Ontario Provincial Standard Specification "PEO" Professional Engineers Ontario "SAE" - Society of Automotive Engineers "SSPC" _ Structural Steel Painting Council "UL" Underwriters Laboratories "ULC" - Underwriters Laboratories Canada GC 1.03 Gender and Singular References 01 References to the masculine or singular throughout the Contract Documents shall be considered to include the feminine and the plural and vice versa as the context requires. GC 1.04 Definitions 01 For the purposes of this Contract the following definitions apply: Actual Measurement means the field measurement of that quantity within the approved limits of the Work. OPS General Condlikm of Contract-September 1999 Page 1 Additional Work: means work not provided for in the Contract and not considered by the Contract _ Administrator to be essential to the satisfactory completion of the Contract within its intended scope. Base: means a layer of material of specified type and thickness placed immediately below the pavement, driving surface,finished grade,curb and gutter, or sidewalk. Certificate of Subcontract Completion: means the certificate issued by the Contract Administrator in accordance with clause GC 8.02.03.02,Certification of Subcontract Completion. Certificate of Substantial Performance: means the certificate issued by the Contract Administrator at Substantial Performance. Change Directive: means any written instruction signed by the Owner, or by the Contract Administrator where so authorized,directing that a Change in the Work or Extra Work be performed. Change in the Work: means the deletion, extension, increase, decrease or alteration of lines, grades, dimensions, quantities, methods, drawings, substantial changes in geotechnical, subsurface, surface or other conditions, changes in the character of the Work to be done or materials of the Work or part thereof, withimthe intended scope of the Contract. Change Osier means a written amendment to the Contract signed by the Contractor and the Owner, or the Contract Administrator where so authorized, covering contingencies, a Change in the Work, Extra Work,Additional Work and changed subsurface conditions, and establishing the basis for payment and the time allowed for the adjustment of the Contract Time. Completion Certificate: means the certificate issued by the Contract Administrator at completion. Constructor. means, for the purposes of, and within the meaning of the Oocupat►onal Health and Safety Act, R.S.O. 1990,c.0.1,as amended and amendments thereto,the Contractor who executes the Contract. Contract: means the undertaking by the Owner and the Contractor to perform their respective duties, responsibilities and obligations as prescribed in the Contract Documents. Contract Administrator means the person, partnership or corporation designated by the Owner to be the Owner's representative for the purposes of the Contract. Contract Documents: mean the executed Agreement between the Owner and the Contractor, the Tender, the General Conditions of Contract, the Supplemental General Conditions of Contract, Standard Specifications, Special Provisions, Contract Drawings, addenda incorporated in a Contract Document before the execution of the Agreement, such other documents as may be listed in the Agreement and subsequent amendments to the Contract Documents made pursuant to the provisions of the Agreement. Contract Drawings: or Contract Plans: mean drawings, or plans, any Geotechnical Report, any �. Subsurface Report and other reports and information provided by the Owner for the Work, and without limiting the generality thereof, may include soil profiles, foundation investigation reports, reinforcing steel schedules, aggregate sources lists, Quantity Sheets, cross-sections and standard drawings. Contract Time: means the time stipulated in the Contract Documents for Substantial Performance of the Work, including any extension of Contract Time made pursuant to the Contract Documents. Contractor means the person, partnership or corporation undertaking the Work as identified in the Agreement. Controlling Operation: means any component of the Work,which, if delayed,will delay the completion of the Work. Page 2 OPS General COndM=of Contract-September 1999 Cost Plus: See'Time and Material". Cut-Off Date: means the date up to which payment will be made for work performed. Daily Work Records: mean daily Records detailing the number and categories of workers and hours worked or on standby; types and quantities of Equipment and number of hours in use or on standby; and description and quantities of Material utilized. Day: means a calendar day. Drawings: or Plans: mean any Contract Drawings or Contract Plans or any Working Drawings or Working Plans, or any reproductions of drawings or plans pertaining to the Work. Equipment: means all machinery and equipment used for preparing, fabricating, conveying or erecting the Work and normally referred to as construction machinery and equipment. `Estimate: means a'cak:ulation of the quantity or-cost-ofthe-Work-or=part 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, including unanticipated work required to comply with legislation and regulations which affect the Work. Final 'Acceptance°Certificate: mear►s 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'"rime and Material". Geotechnical Report: means a report or other information identifying soil, rock and ground water conditions,in the area of any proposed excavation or fill Grade: means the required elevation of that part of the work. Hand Tools: means tools that are commonly called tools or-=implements of-the-trade and include small power tools. Highway: means a common and public highway any part of which,is-intended for-or used by the general public for the passage of vehicles and includes the area between the lateral property lines thereof. Lump Sum Item: means a tender item indicating a portion of the Work for which payment will be made at a single tendered price. Payment is not based on a measured quantity, although a quantity may be given in the Contract Documents. Major Item: means any tender item that has a value, calculated on the basis of its actual or estimated tender quantity, whichever is the larger, multiplied by its tender unit price, which is equal or greater than the lesser of, a) $100,000,or b) 5% of the total tender value calculated on the basis of the total of all the estimated tender quantities and the tender unit prices. Material: means material, machinery, equipment and fixtures forming part of the Work. OPS General Conditions of Contract-September 1999 Page 3 Owner. means the to the Contract for whom the Work is being performed, as ' Par'hr g perfo identified in the -. Agreement, and includes,with the same meaning and import,"Authority". Pavement: means a wearing course or courses placed on the Roadway and consisting of asphaltic concrete, hydraulic cement concrete-Portland cement concrete, or plant or road mixed mulch. Performance Bond: means the type of security furnished to the Owner to guarantee completion of the Work in accordance with the Contract and to the extent provided in the bond. Plan Quantity: means that quantity as computed from within the boundary lines of the Work as shown in the Contract Documents. Project: means the construction of the Work as contemplated by this Contract Quantity Sheet: means a list of the quantities of Work to be done. Rateof Interest: means the rate determined by the Minister of Finance of Ontario and issued by, and available from,the Owner. Records: mean any books, payrolls, accounts or other information which relate to the Work or any Change in the Work or claims arising therefrom. Roadway: means that part of the Highway designed or intended for use by vehicular traffic and includes the Shoulders. Shoulder means that portion of the Roadway between the edge of the wearing surface and the top inside edge of the ditch or fill slope. Special Provisions: mean special directions containing requirements peculiar to the Work. Standard Specification: means a standard practice required and stipulated by the Owner: for performance of the Work. Subbase: means a layer of material of specified type and thickness between the Subgrade and the Base. Subcontractor, means a person, partnership or corporation undertaking the execution of a part of the Work by virtue of an agreement with the Contractor. Subgrade: means the earth or rock surface, whether in cut or fill, as prepared to support the Base, Subbase and Pavement Subsurface Report: means a report or other information identifying the location of utilities,concealed and adjacent structures and physical obstructions which fall within the influence of the Work. Superintendent: means the Contractor's authorized representative in responsible charge of the Work. j Surety: means the person, partnership or corporation, other than the Contractor, licensed in Ontario to transact business under the Insurance Act, R.S.O. 1990,c.1.8, as amended, executing a bond provided by the Contractor. Tender:`means an offer in writing rom the Contractor,, submitted in the format prescribed by the Owner, to complete the Work. Time and Material: means costs calculated according to clause GC 8.02.04, Payment on a Time and Material Basis. Where"Cost Plus"and"Force Account"are used they shall have the same meaning. Page 4 OPS General Conditions of contract-September 1999 Utility: means an aboveground or underground facility maintained by a municipality, public utility authority or regulated authority and includes services such as sanitary sewer, storm sewer, water, electric, gas, oil, steam,data transmission,telephone and cable television. Warranty Period: means the period of 12 months from the date of Substantial Performance or such longer period as may be specified for certain Materials or some or all of the Work. Where a date of Substantial Performance is not established, the Warranty Period shall commence on the date of Completion. Work: means the total construction and related services required by the Contract Documents. Working Area: means all the lands and easements owned or acquired by the Owner for the construction of the Work- Working Day: means any Day, a) except Saturdays, Sundays and statutory holidays; b) `: except O'Day as determined by'lhe Contract Administrator;vnTwhich,the°'Contractor is prevented by "`inclement weatheror conditions-resulting immediate"erefrom-from-pmoeeding-with-a-Controlling -Operation. for the purposes-of this definition, this will be a Day Auringwhich 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, L any breach of the Contract by the Owner or if such prevention is due to the Owner, another ` contractor hired by the Owner;or an employee of any one of-them, orby,anyone else acting on behalf of the Owner. ii. on-delivery of Owner-supplied materials, iii. any cause beyond the reasonable control of the Contractor which can be substantiated by the Contractor to the satisfaction of the Contract Administrator. =Working'Drawings:or Working Plans:,means any Drawings or Plans prepared by:the Contractor for the 'execution of the Work and may,'without limiting`the generality:thereof, include falsework plans, Roadway protection plans,shop drawings,shop plans or erection diagrams. GC 1.05 Substantial Performance .01 The Work is substantially performed, a) when the Work to be'performed under the Contract or a substantial part.thereof:is:ready for use or is being used for the purpose intended; and b) when the Work to be performed underthe'Contract is-capable of°completion-or,where there is a known defect,the cost of correction, is not more than i. 3%of the first$500,000 of the Contract price, ii. 2%of the next$500,000 of the Contract price, and iii. I%of the balance of the Contract price. .02 For the purposes of this Contract, where the Work or a substantial part thereof is ready for use or is being used for the purposes intended and the remainder of,the Work cannot be completed expeditiously for reasons beyond the control of the Contractor or, where the Owner and the Contractor agree not to complete the Work expeditiously, the price of the services or materials remaining to be supplied and required to complete the Work shall be deducted from the Contract price in determining Substantial Performance. OPS General condemns of contra*-September 1999 pme 5 GC 1.06 Completion - .01 The Work shall be deemed to be completed and services or Materials shall be deemed to be last supplied to the Work when the price of completion, correction of a known defect or last supply is not more than the lesser of, a) 1%of the Contract price;or b) $1,000. GC 1.07 Final Acceptance .01 Final Acceptance shall be deemed to occur when the Contract Administrator is satisfied that, to the best of the Contract Administrators knowledge at that time, the Contractor has rectified all imperfect work and has discharged all of the Contractors obligations under the Contract. GC 1.08 Interpretation of Certain Words 01 ;_The words "acceptable", "approval", "authorized", "considered necessary", "directed", "required", "satisfactory", or words of like import, shall mean approval of, directed, required, considered necessary or authorized by and acceptable or satisfactory to the Contract Administrator unless the context dearly indicates otherwise. 1 Page 6 OPS General Conditions of Contract-September 1999 SECTION GC 2.0-CONTRACT DOCUMENTS GC 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 Ober of Precedence .01 In the event of any inconsistency or conflict in the contents of the following documents, such documents shall take precedence and govern in the following order. a) Agreement b) Addenda c) Special Provisions d) Contract Drawings e) Standard Specifications f) Tender g) Supplemental General Conditions h) General Conditions i) Working Drawings Later dates shall govern within each of the above categories of documents. .02 In the event of any conflict among or inconsistency in the information shown on Drawings, the following rules shall apply: a) Dimensions shown in figures on a-Drawing shall govern where they differ from dimensions scaled from the same drawing; b) Drawings of larger scale shall govern over those of smaller scale; c) Detailed Drawings shall govern over general Drawings; and d) Drawings of a later date shall govern over those of an earlier date in the same series. 03 In the event of any conflict in the contents of Standard Specifications the following. order of precedence shall govern: a) Ontario Provincial Standard Specifications;then b) Other Standard Specifications, such as those produced by CS&,CGSB •ASTM and ANSI, and referenced in the Ontario Provincial Standard Specifications. 04 The Contract Documents are complementary, and what is required by any one shall be as binding as if required by all. OPS General CondWwo of Contrast-September 1999 Page 7 SECTION GC 3.0-ADMINISTRATION OF THE CONTRACT GC 3.01 Contract Administrator's Authority .01 The Contract Administrator will be the Owner's representative during construction and until the issuance of the Completion Certificate or the issuance of the Final Acceptance Certificate whichever is later. Ail instructions to the Contractor including instructions from the Owner will be issued by the Contract Administrator. The Contract Administrator will have the authority to act on behalf of the Owner only to the extent provided in the Contract Documents. .02 All claims, disputes and other matters in question relating to the performance and the quality of the Work or the interpretation of the Contract Documents shall be referred to the Contract Administrator. .03 The Contract Administrator will inspect the Work for its conformity with the plans and specifications, and to record the necessary data to establish payment quantities under the schedule of tender -quantities and unit prices or to make an assessment of the value of the work completed in the case of 4a lump sum price contract .04 The Contract Administrator will determine the amounts owing to the Contractor under the Contract and will issue certificates for payment in such amounts as provided for in Section GC 8.0, Measurement and Payment .05 The Contract Administrator will with reasonable promptness review and take appropriate action upon the Contractor's submissions such as shop drawings, product data, and samples in accordance with _ the Contract Documents. .06 The Contract Administrator will investigate all allegations of a change in the character of the Work made by the Contractor and issue appropriate instructions. .07 The Contract Administrator will prepare Change Directives and Change Orders. .08 Upon written application by the Contractor, the Contract Administrator and the Contractor will jointly conduct an inspection of the Work to establish the date of Substantial Performance of the Work and/or the date of Completion of the Work .09 The Contract Administrator will be, in the first instance,the interpreter of the Contract Documents and the judge of the performance thereunder by both parties to the Contract Interpretations and decisions of the Contract Administrator shall be consistent with the intent of the Contract Documents and in making these decisions the Contract Administrator will not show partiality to either party. .10.'Tte Contract Administrator will have the authority to reject part of the Work or Material which does not conform to the Contract Documents. .11 Defective work, whether the result of poor workmanship, use of defective material, or damage through carelessness or other act or omission of the Contractor and whether incorporated in the Work or not which has been rejected by the Contract Administrator as failing to conform to the Contract Documents shall be removed promptly from the Work by the Contractor and replaced or re-executed promptly in accordance with the Contract Documents at no additional cost to the Owner. .12 Any part of the Work destroyed or damaged by such removals, replacements or re-executions shall be made good, promptly,at no additional cost to the Owner. .13 If, in the opinion of the Contract Administrator, it is not expedient to correct defective work or work not performed in accordance with the Contract Documents, the Owner may deduct from monies otherwise due to the Contractor the difference in value between the work as performed and that called for by the Contract Administrator. Page s OPS GeneW conditions of contmct-September 1999 .14 Notwithstanding any inspections made by the Contract Administrator or the issuance of any certificates or the making of any payment by the Owner, the failure of the Contract Administrator to reject any defective work or Material shall not constitute acceptance of defective work or Material. .15 The Contract Administrator will have the authority to temporarily suspend the Work for such reasonable time as may be necessary to facilitate the checking of any portion of the Contractors construction layout or the inspection of any portion of the Work. Then: 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 fixing the dates for submission and return of Working Drawings. Working Drawings shall be submitted in printed form. At the time of submission the Contractor shall notify the Contract Administrator in writing of any deviations from the Contract requirements that exist in the Working Drawings. .03 The Contract Administrator will review and return Working Drawings in accordance with an agreed upon schedule,or otherwise,with reasonable promptness so as not to cause delay. 04 The Contract Administrator's review'will be to°check-for:conformity to the design concept and-for general arrangement only and such review shall not relieve the Contractor of responsibility for errors or omissions in the Working Drawings or of responsibility for meeting all requirements of the Contract Documents unless a deviation on the Working Drawings has been approved in writing by the Contract Administrator. 05 The Contractor,-shall make any changes in Working Drawings which the Contract=Administrator may., consistent with the Contrail Documents and resubmit unless otherwise directed by the Contract Administrator.'When resubmitting, the Contractor shall notify the Contract Administrator in writing`of any revisions other than those requested by the'Contrail Administrator. .06 Work related to the Wonting Drawings shall not proceed until the Working Drawings have been signed and dated by the Contract Administrator and marked with the words"Reviewed. Permission to construct granted." .07 The Contractor shall keep one set of the reviewed Working Drawings, marked.-as above, at the site at all times. GC 3.03 Right of the Contract Administrator to Modify Methods and Equipment 01 The Contractor shall, when requested in writing, make alterations in the method, Equipment or work force at any time the Contract Administrator considers the Contractor's actions to be unsafe, or damaging to either the Work or existing facilities or the environment .02 The Contractor shall, when requested in writing, alter the sequence of its operations on the Contract so as to avoid interference with work being performed by others. .03 Notwithstanding the foregoing, the Contractor shall ensure that all necessary safety precautions and protection are maintained throughout the Work. OPS General Conditions of Contract-September 1999 Palle 9 GC 3.04 Emergency Situations rg Y .01 The Contract Administrator has the right to determine the existence of an emergency situation, and when such an emergency situation is deemed to exist, the Contract Administrator may instruct the Contractor to take action to remedy the situation. If the Contractor does not take timely action, or if the Contractor is not available,the Contract Administrator may direct others to remedy the situation. .02 If the emergency situation was the fault of the Contractor, the remedial work shall be done at the Contractor's expense. If the emergency situation was not the fault of the Contractor, the Owner will pay for the remedial work. GC 3.05 Layout .01 The Contract Administrator will provide baseline and benchmark information for the general location, alignment and elevation of the Work. The Owner will be responsible only for the correctness of the '*formation provided by the Contract Administrator GC 3.06 Working Area .01 The Contractor's sheds,site offices,toilets, other temporary structures and storage areas for material and equipment shall be grouped in a compact manner and maintained in a neat and orderly condition at all times. .02, The Contractor shall confine his construction operations to the Working Area. Should the Contractor ._.t require more space than that shown on the Contract Drawings, the Contractor shall obtain such space at no additional cost to the Owner. .03 The Contractor shall not enter upon or occupy any private property for any purpose, unless the Contractor has received prior written permission from the property owner. GC 3.07 Extension of Contract Time .01 An application for an extension of Contract Time shall be made in writing the Contractor the n9 Y to Contract Administrator as soon as the need for such extension becomes evident and at least 15 Days . prior to the expiration of the Contract Time. The application for an extension of Contract Time shall enumerate the reasons,and state the length of extension required. .02.,-Circumstances suitable for consideration of an extension of Contract Time include the following: a) Delays; See subsection GC 3.08. b) Changes in the Work;See clause GC 3.11.01. .:c)=.,Extra Work; See clause GC 3.11.02. d)'Additional Work; See clause GC 3.11.03. .03 The Contract Administrator will, in considering an application for an extension to the Contract Time, take into account whether the delays, Changes in the Work, Extra Work or Additional Work involve a Controlling Operation. >s- .04 The Contract Time shall be extended for such additional time as may be recommended by the Contract Administrator and deemed fair and reasonable by the Owner. .05 The terms and conditions of the Contract shall continue for such extension of Contract Time. Page 10 OPS General Conditions of Contract-September 1999 GC 3.08 Delays .01 If the Contractor is delayed in the performance of the Work by, a) war, blockades, and civil commotions, errors in the Contract Documents; an act or omission of the Owner or Contract Administrator, or anyone employed or engaged by them directly or indirectly, contrary to the provisions of the Contract Documents; b) a stop work order issued by a court or public authority, provided that such order was not issued as the result of an act or omission of the Contractor or anyone employed or engaged by the Contractor directly or indirectly; c) the Contract Administrator giving notice under subsection GC 7.09;Suspension of Work; d) abnormal inclement weather,or e) archaeological finds in accordance with subsection GC 3.16,Archaeological Finds, then the 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 Contractors application, "submit evidence from Environment Canada°in"support of such application.--Extension-of Contract Time will be granted in accordance with subsection GC 3.07, Extension of Contract Time. .02 If the Work is delayed,by labour disputes, strikes or lock-outs including lock-outs decreed or recommended to its members by a-recognized contractor's association; of which the Contractor is a 'member onto which the Contractor-is'otherwise bound -which"are beyond the,Contractoes control, then the Contract TiM6 shall''be extended in'aarordance,with-subsection I GC3:07; Extension of Contract Time. In no case shall the extension of Contract Time be less than the time lost as the result of the-event causing the delay, unless a shorter extension is agreed to by the-Contractor. The C ontractor shall not be'entitled to payment for costs, as the,result of,such delays unless such _ . . . - delays are the result of actions by the Owner. iGC 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'Contractor may subcoritrad any part of the-Work; subject t6 these General Conditions and"any limitations specified in the Contract Documents. .02 The Contractor shall notify the Contract Administrator,°in wnb'ng;oMe°intention-to subcontract Such notification shall identify the part of the Work;°and the Subcontractor with whom it is intended. 03 The Contract Administrator will, within 10 Days-of receipt of such,=tifiration;-accept or reject the intended Subcontractor. The rejection will"be in writing,and will include the reasons forthe 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"Contractbt shall preserve4nd protect the'rights'of the parties`under the Contract with respect to that part of the Work to be performed under subcontract and shall, a) enter into agreements with the intended Subcontractors to require them to perform their work in accordance with the Contract Documents;and b) be as fully responsible to the Owner for ads 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 Gemmi CwW tons of Contract-September 1999 Page 11 .06 The Owner's consent to subcontra cling by the Contractor shaft not be construed to relieve the Contractor from any obligation under the Contract and shall not impose any liability upon the Owner. Nothing contained in the Contract Documents shall create a contractual relationship between a Subcontractor and the Owner. GC 3.11 Changes GC 3.11.01 Changes in the Work .01'"'-The Owner, or the Contract Administrator where so authorized, may, by order in writing, make a Change in the Work without invalidating the Contract The Contractor shall not be required to proceed with a Change in the Work until in receipt of a Change Directive. Upon the receipt of such Change Directive the Contractor shall proceed with the Change in the Work. .02 The Contractor may apply for an extension of Contract Time according to the terms of subsection GC 3'07, Extension of Contract Time. .03 _l#.the Changes in the Work relate solely to quantities, payment for that part of the Work will be made ;according to the conditions specified in clause GC 8.01.02, Variations in Tender Quantities. If the Changes in the Work do not solely relate to quantities, payment may be negotiated pursuant to subsection GC 3.14, Claims, Negotiations, Mediation or payment may be made according to the conditions contained in clause GC 8.02.04,Payment on a Time and Material Basis. GC 3.11.02 Extra Work .01 ` The Owner, or Contract Administrator where so authorized, may instruct the Con y tractor to perform Extra Work without invalidating the Contract The Contractor shall not be required to proceed with the Extra Wont until in receipt of a Change Directive. Upon receipt of such Change Directive the Contractor shall proceed with the Extra Work. .02 The Contractor may apply for an extension of Contract Time according to the terms of subsection GC 3.07, Extension of Contract Time. .03'. Payment for the Extra Work may be negotiated pursuant to subsection GC 3.14, Claims, Negotiations, Mediation, or payment may be made according to the conditions contained in clause GC 8.02.04,Payment on a Time and Material Basis. GC 3;x;1.03 Additional Work .01 The Owner, or Contract Administrator where so authorized, may request the Contractor to perform Additional Work without invalidating the Contract If the Contractor agrees to perform Additional Work,the Contractor shall proceed with such Additional Work upon receipt of a Change Order. .02 The Contractor may apply for an extension of Contract Time according to the terms of subsection GC 3.07,Extension of Contract Time. .03 Payment for the Additional Work may be negotiated pursuant to subsection GC 3.14, Claims, Negotiations, Mediation, or payment may be made according to the conditions contained in clause GC 8.02.04, Payment on a Time and Material Basis. GC 3.12 Notices .01 Any notice permitted or required to be given to the Contract Administrator or the Superintendent in respect of the Work shall be deemed to have been given to and received by the addressee on the date of delivery if delivered by hand or by facsimile transmission and on the fifth Day after the date of mailing if sent by mail. Page 12 OPS General Conditions of Contract-September 1999 .02 The Contractor and the Owner shall provide each other with the mailing addresses, telephone numbers and facsimile terminal numbers for the Contract Administrator and the Superintendent at the commencement of the Work 03 In the event of an emergency situation or other urgent matter the Contract Administrator or the Superintendent may give a verbal notice, provided that such notice is confirmed in writing within 2 Days. 04 Any notice, permitted or,required to be given to the Owner or the Contractor shall be given in accordance with the notice provision of the Contract. GC 3.13 Use and Occupancy of the Work Prior to Substantial Performance .01 Where it is not contemplated elsewhere in'the Contract Documents; the Owner may use or occupy the Work or any part thereof prior to Substantial Performance, provided that at.least 30 Days'written notice has been given to the Contractor. .02 The use or occupancy of the Work or any part thereof by the Omer priorto Substantial Performance shalt not constitute an acceptance of the Work,or parts''so,occupied: In addition, 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-Work'in�ac cordance,with-the-Contract Documents. The Owner will be responsible for any damage that occurs because of the Owner's use or occupancy. Such use'or.occupancy of any part of the Work by the Owner does'not waiver the Owner's right to charge,the-Contractor-liquidated damages in accordance-with the.terms of the Contract GC 3.14 Claims,Negotiations,Mediation GC 3.14.01 Continuance of the Work 01' Unless the Contract has been terminated or completed, the Contractor shall in every case, after serving or receiving anynotificationof a'daim or dispute;-verbal or written, continue to'proceed with the Work with due diligence and expedition: It-is understood,by'the parties that such-action will not jeopardize any claim it may have. GC 3.14.02 Record Keeping 01 immediately upon commencing work which may result in a claim,-the Contractor shall keep Daily Work Records during the course of the Work;sufficient to substantiate the Contractor's claim,and the Contract Administrator will keep Daily WorKRecords,to be used in,assessing-the Contractor's claim, all'-in accordance with clause GC 8.02.07, Records. = .02 The Contractor and the Contract Administrator shall reconcile their respective Daily Work Records on a daily basis,to simplify review of the claim,when submitted. ,03 The keeping of Daily Work Records by the Contract Administrator or the reconciling of such Daily =Work Records with those of the'Contractor shall not be construed-to be acceptance of the claim. GC 3.14.03 Claims Procedure .01 The Contractor shall give verbal notice of any situation which may lead to a claim for additional payment immediately upon becoming aware of the situation. .02 The Contractor shall provide written notice in the standard form "Notice of Intent to Claim" within 7 Days of the commencement of any part of the Work which may be affected by the situation. OPS General Conditions of cw*ad-Sepwnbw 1999 Page 13 .03 The Contractor shall submit detailed claims as soon as reasonably possible and In any event no later than 30 Days after completion of the work affected by the situation. The detailed claim shall: a) identify the item or items in respect of which the claim arises; b) state the grounds, contractual or otherwise, upon which the claim is made;and c) include the Records maintained by the Contractor supporting such claim. In exceptional cases the 30 Days may be increased to a maximum of 90 Days with approval in writing from the Contract Administrator. .04 Within 30 Days of the receipt of the Contractor's detailed claim, the Contract Administrator may request the Contractor to submit any further and other particulars as the Contract Administrator considers necessary to assess the claim. The Contractor shall submit the requested information within 30 Days of receipt of such request. .05Y Within 90 Days of receipt of the detailed claim, the Contract Administrator shall advise the Contractor, in writing,of the Contract Administrators opinion with regard to the validity of the claim. GC 3;14.04 Negotiations .01 The parties shall make all reasonable efforts to resolve their dispute by amicable negotiations and agree to provide, without prejudice, open and timely disclosure of relevant facts, information, and :-documents to facilitate these negotiations. .02 Should the Contractor disagree with the opinion given in paragraph GC 3.14.03.05, with respect to x,,any part of the claim, the,Contract Administrator shall enter into negotiations with the Contractor to resolve the matters in dispute. Where a negotiated settlement cannot be reached and it is agreed that payment cannot be made on a Time and Material basis in accordance with clause GC 8.02.04, Payment on a Time and Material Basis, the parties shall proceed in accordance with clause GC 3.14.05, Mediation,or subsection GC 3.15, Engineering Arbitration. GC 3.14.05 Mediation .01, If a claim is not resolved satisfactorily through the negotiation stage noted in clause GC 3.14.04, Negotiations, within a period of 30 Days following the opinion given in paragraph GC 3.14.03.05, and the Contractor wishes to pursue the issue further, the parties may, upon mutual agreement, utilize the services of an independent third party mediator. j .02 The mediator shall be mutually agreed upon by the Owner and Contractor. .03 The mediator shall be knowledgeable regarding the area of the disputed issue. The mediator shall meet with the parties together and separately, as necessary, to review all aspects of the issue. In a final attempt to assist the parties in resolving the issue themselves prior to proceeding to arbitration the mediator shall provide,without prejudice,a non-binding recommendation for settlement .04 The review by the mediator shall be completed within 90 Days following the opinion given in paragraph GC 3.14.03.05. .05 Each party is responsible for its own costs related to the use of the third party mediator process. The cost of the third party mediator shall be equally shared by the Owner and Contractor. GC 3.14.06 Payment .01 Payment of the claim will be made no later than 30 Days after the date of resolution of the claim or dispute. Such payment will be made according to the terms of Section GC 8.0, Measurement and Payment. Page 14 OPS General Condo m of Contract-September 1999 GC 3.14.07 Rights of Both Parties .01 It is agreed that no action taken under this subsection GC 3.14, Claims, Negotiations, Mediation, by either party shall be construed as a renunciation or waiver of any of the rights or recourse available to the parties, provided that the requirements set out in this subsection are fulfilled. GC 3.15 Engineering Arbitration GC 3.15.01 Conditions for Engineering Arbitration .01 If a claim is not resolved satisfactorily through the negotiation stage noted in clause GC 314.04, 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 becommunicated in writing as soon as'possible and"no later,than`60 *Days-following Ahe'vpinion -given in paragraph GC 3.14.03.05.°Where the use of a third partymediator was implemented :notification shall be within 120 Days of the opinion given in paragraph GC 3.14.03.05. .03 `The parties shall be bound by the decision of the arbitrator. .04 The rules and procedures of the Arbitration'Act, 1991,S.O. 1991, c.17, 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 the arbitrator has exceeded'his or her jurisdiction or have otherwise disqualified him or herself. a) All existing`actions in respect'of the matters under arbitration will,be stayed pending arbitration; b)"AII outstanding claims and matters to be settled are to be set out in a schedule to the agreement. Only such claims and matters as are in the schedule will be arbitrated;and c) Before proceeding with the arbitration, the Contractor shall confirm that all matters in dispute are set out in the schedule. GC 3.15.03 Appointment of Arbitrator .01 The arbitrator shall be mutually agreed upon by he Owner and Contractor..taadjudicate the dispute. .02 Where the Owner and Contractor cannot agree on a sole arbitrator within 30 Days of the notification of arbitration noted in paragraph GC 3.15.01.02, the Owner and the Contractor shall each choose an appointee within 37 Days of the notice of arbitration. .03 The appointees shall mutually agree upon an arbitrator to adjudicate the dispute within 15 Days after the last appointee was chosen or they shall refer the matter to the Arbitration and Mediation Institute of Ontario Inc. which will select an arbitrator to adjudicate the dispute within 7 Days of being requested to do so. .04 The arbitrator shall not be interested financially in the Contract nor in either party's business and shall not be employed by either party. .05 The arbitrator may appoint independent experts and any other persons to assist him or her. OPS General Conditions of Contract-SepWnW 1999 Page 16 .06 The arbitrator is not bound b the rules of evidence which y e ce hlch govern the teal of cases in court but may hear and consider any evidence which the arbitrator considers relevant .07 The hearing will commence within 90 Days of the appointment of the arbitrator. GC 3.15.04 Costs .01 The arbitrator's fee shall be equally shared by the Owner and the Contractor. .02; The fees of any independent experts and any other persons appointed to assist the arbitrator shall be shared equally by the Owner and the Contractor. .03 The arbitration hearing shall be held in a place mutually agreed upon by.both parties or in the event the parties do not agree, a site shall be chosen by the arbitrator. The cost of obtaining appropriate facilities shall be shared equally by the Owner and the Contractor. .04 The arbitrator may, in his or her discretion,award reasonable costs,related to the arbitration. GC 3.15.05 The Decision .01 The reasoned decision will be made in writing within 90 Days of the conclusion of the hearing. An ' extension of time to make a decision may be granted with consent of both rties. Payment yment shall be made in accordance with clause GC 3.14.06, Payment. GC 3.16 Archaeological Finds .01 If the Contractor's operations expose any items which may indicate an archaeological find, such as building remains, hardware, accumulations of bones, pottery, or arrowheads, the Contractor shall , immediately notify the Contract Administrator and suspend operations within the area identified by the Contract Administrator. Notification may be verbal provided that such notice is confirmed in writing within 2 Days. Work shall remain suspended within that area until otherwise directed by the Contract _ Administrator in writing,in accordance with subsection GC 7.09,Suspension of Work. .02 Any delay in the completion of the Contract that is caused by such a suspension of Work will be considered to be beyond the Contractor's control in accordance with paragraph GC 3.08.01. .03 Any work directed or authorized in connection with an archaeological find will be considered as Extra Work in accordance with clause GC 3.11.02, Extra Work Page 16 OPS General Conditions of Con"d-September 1999 SECTION GC 4.0-OWNER'S RESPONSIBILITIES AND RIGHTS GC 4.01 Working Area .01 The Owner will acquire all property rights which are deemed necessary by the Owner for the construction of the Work, including temporary working easements, and will indicate the full extent of the Working Area on the Contract Drawings. :02 The Geotechnical Report and Subsurface Report which:will be provided by the Owner as part of the tender documents shall form part of the Contract Drawings. GC 4.02 Approvals and Permits . .01 The Owner will pay for all plumbing and building permits. 02 The Owner will obtain and pay for all permits, licenses and;certificates--solely-required: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 Viose`materials which will necessitate special materials management and disposition. ' M2 Ar -acbordahce�VAth.l"uka bons`under the'Occupa6onafHea/th.and Safety Act;ft:S:0.-1990;c.0.1, as --- amended,the Owner advises that a) the designated substances silica, lead and arsenic are generally present throughout the Working Area occurring naturally or as a result of vehicle emissions; b) the designated substance asbestos is present in asbestos conduits for utilities; c)'the f fdllowing fiazardous'materials are ordinarily present in construction'activities: limestone, gypsum,marble, mica and Portland cement;and d)''exposure,to ,these'•substances,%may�,00wr as'a result of- by the Contractor such as sweeping,grinding,crushing,drilling,blasting;cutting and abrasive blasting. .03 The Owner will identify in the Contract Documents any designated substances or hazardous materials other than those identified above and their location in the Working Area. 04 If the Owner or-Contractor discovers or is advised-of they presence substances or - hazardous-materials,which are in addition to=those Ilsted,in paragraph GC:4.03.02, .or not dearly identified in the,Contract Documents°according to paragraph UGC-:4:03.03;xhen verbal:notice will be provided to the other party immediately with written confirmation-within�2 Days.,>,The:Contractor will stop work in'the arewimmediately 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''Doduments, or where conditions exist that could not have been reasonably foreseen:at'the.time of tendering. ,•AO 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 Con"ct-September 1999 Page 17 GC 4.04 Construction Affecting Railway Property .01 The Owner will pay the costs of all flagging and other traffic control measures required and provided by the railway company unless such costs are solely a function of the Contractors chosen method of completing the Work. GC 4.05 Default by the Contractor .01 The Contractor shall be in default of the Contract if, a) the Contractor fails to commence the Work or execute the Work properly or otherwise fails to comply with the requirements of the Contract to a substantial degree;or b) if the Contractor is adjudged bankrupt or makes a general assignment for the benefit of creditors because of insolvency or if a receiver is appointed because of insolvency. GC 4.06 Not cation of Default .01",The The Owner will give written notice of a default to the Contractor as soon as the Owner becomes aware of the alleged default but failure to give such notice in a timely way shall not constitute condonation of the default The notice will include instructions to correct the default within 5 Working Days. GC 4.07 Contractors Right to Correct a Default .01 The Contractor shall have the right within the 5 full Working Days following the receipt of a notice of default to correct the default and provide the Owner with satisfactory proof that appropriate corrective measures have been taken. .02 If the correction of the default cannot be completed within the 5 full Working Days following receipt of the notice,the Contractor shall not be in default if the Contractor, a) commences the correction of the default within the 5 full Working Days following receipt of the notice; b) provides the Owner with an acceptable schedule for the progress of such correction;and C) completes the correction in accordance with such schedule. GC 4.08 Owner's Right to Correct Default .01 If the Contractor fails to correct the default within the time specified in subsection GC 4.07, ,,;Qontractoes Right to Correct a Default, or subsequently agreed upon, the Owner,without prejudice to Any other right or remedy the Owner may have, may correct such default and deduct the cost thereof, -as certified by the Contract Administrator,from any payment then or thereafter due to the Contractor. GC 4.09 Termination of Contractor's Right to Continue the Work .01 Where the Contractor fails to correct a default within the time specified in subsection GC 4.07, Contractors Right to Correct a Default, or subsequently agreed upon, the Owner,without prejudice to any other right or remedy the Owner may have, may terminate the Contractors right to continue the Work in whole or in part by giving written notice to the Contractor. .02 If the Owner terminates the Contractors right to continue with the Work in whole or in part, the Owner will be entitled to, a) take possession of the Working Area or that portion of the Working Area devoted to that part of the Work terminated; b) utilize the Equipment of the Contractor and any Material within the Working Area which is intended to be incorporated into the Work,the whole subject to the right of third parties; c) withhold further payments to the Contractor with respect to the Work or the portion of the Work withdrawn from the Contractor until the Work or portion thereof withdrawn is completed; Page 18 OPS General Conditions of contract-September 1999 d) charge the Contractor the additional cost over the Contract price of completing the Work or portion thereof withdrawn from the Contractor, as certified by the Contract Administrator and any additional compensation paid to the Contract Administrator for such additional service arising from the correction of the default~ e) charge the Contractor a reasonable allowance, as determined by the Contract Administrator, to 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 subsectionGC =4.09,'Termination. of'-..rContractors. Right to Continue the Work;the Owner will pay the'balance-tothhe'-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,'#erminate the Contract by giving written notice of termination to the Contrador,'the °Surety'and-any.trustee-or receiver acting on behalf of 1he Contractor"s.estate or creditors. 02 If the Owner elects to terminate the Contract the Owner will provide the Contractor and the trustee or receiver with a complete accounting to the date of termination. GC 4.12 Continuation of Contractor's Obligations .01 ' The Contractors obligation under the Contract as to quality; correction and warranty of the Work performed prior to the time of termination of the Contract or termination of the Contractor's right to continue with the Work in whole or in part shall continue to be in force after such termination. GC 4.13 Use of Performance Bond .01 If the Contractor is in default of the Contract and the`Contractor-has provided,a Performance Bond, the provisions of this Section shall be exercised-in accordance with the conditions of the Performance Bond. OPS General CondWmw of Contrail-SepWnber 1999 Pale 19 SECTION GC 5.0-MATERIAL GC 5.01 Supply of Material .01 All Material necessary for the proper completion of the Work, except that listed as being supplied by the Owner, shall be supplied by the Contractor. The Contract price for the appropriate tender items shall be deemed to include full compensation for the supply of such Material. GC 5.02 Quality of Material .01 All Material supplied by the Contractor shall be new or unless otherwise specified in the Contract Documents. , .0i Material supplied by the Contractor shall conform to the requirements of the Contract t .03 As specified or as requested by the Contract Administrator, the Contractor shall make available for ,inspection or testing a sample of any Material to be supplied by the Contractor. .04 ;The Contractor shall obtain for the Contract Administrator the right to enter upon the premises of the Material manufacturer or supplier to carry out such inspection,sampling and testing as specified or a -requested by the Contract Administrator. .05 The Contractor shall notify the Contract Administrator of the sources of supply sufficiently In advance of,the Material shipping dates to enable the Contract Administrator to perform the required inspection, sampling and testing. .06 The Owner will not be responsible for any delays to the Contractor's operations where the Contractor fails to give sufficient advance notice to the Contract Administrator to enable the Contract Administrator to carry out the required inspection, sampling and testing before the scheduled shipping date. .07` The Contractor shall not change the source of supply of any Material without the written authorization of the Contract Administrator. .08 Material which is not specified shall be of a quality best suited to the purpose required and the use of such Material shall be subject to the approval of the Contract Administrator. GC 5.0 Rejected Material .01 Rejected Material shall be removed from the Working rea expeditiously g expel usly after the notification to that effect from the Contract Administrator. Where the Contractor fails to comply with such notice the Contract Administrator may cause the rejected Material to be removed from the Working Area and disposed of in what the Contract Administrator considers to be the most appropriate manner and the Contractor shall pay the costs of disposal and the appropriate overhead charges. GC 5.04 Substitutions .01 Where the specifications require the Contractor to supply a Material designated by a trade or other name, the Tender shall be based only upon supply of the Material so designated, which shall be regarded as the standard of quality required by the specification. After the acceptance of the Tender, the Contractor may apply to the Contract Administrator to substitute another Material identified by a different trade or other name for the Material designated as aforesaid. The application shall be in writing and shall state the price for the proposed substitute Material designated as aforesaid, and such other information as the Contract Administrator may require. Page 20 OPS General Conditions of contract-September 1999 .02 Rulings on a proposed substitution will not be made prior to the acceptance of the Tender. Substitutions shall not be made without the prior approval of the Contract Administrator. The approval or rejection of a proposed substitution will be made at the discretion of the Contract Administrator. 03 If the proposed substitution is approved by the Contract Administrator, the Contractor shall be entitled to the first$1000 of the aggregate saving in cost by reason of such substitution and to 50% of any additional saving in cost in excess of such $1000. Each such approval shall be conveyed to the Contractor,in writing or by issuance`of a Certificate of Equality on the Owners -standard form of "Certification of Equality"'and if any adjustment to the Contract price,is made by reason of such substitution a Change Order shall be issued as well. GC 5.05 Owner Supplied Material GC 5.05.01 Ordering of Excess Material .01 Where Material is supplied by the Owner and where this Material.is ordered�.�by the Contractor in excess of the amount specified to complete the Work,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 , -on:the receipt of ad q uate and proper storage facilities acceptable to the Contract Administrator, such Material shall promptly place it in storage except where it is to be incorporated forthwith into the Work. .02 The Contractor shall be responsible for acceptance of Material supplied by the Owner, at the specified delivery point and for its safe handling and storage. If such Material is damaged while under Ahe control of-the-Contractor it shall be replaced or.repaired,by.the Contractor at no expense to the-Owner, and to the satisfaction of the Contract Administrator: If.such Material is rejected by the Contract Administrator1br reasons which are not the fault of the,Contractorit shall remain in the care and at the risk of the Contractor until its disposition has been determined by the Contract Administrator. .03 Where Material supplied by the Owner arrives at the delivery point in aAamaged condition or where- there are discrepancies between the quantities received iand the quantities shown on the bills of lading, the -Contractor:shall immediately::,report rsuch damage .or:discrepancies to the Contract Administrator who shall arrange for an immediate:inspection...of,..the:,shipmient and.provide the Contractor with a written release from responsibility for such damage>ordefidencies. Where damage or deficiencies are not so reported it will be assumed that the,shipment arrived in good order and any damage,or deficiencies reported thereafter shall be made good by the Contractor at no extra cost to the Owner. 04 The full amount of Material supplied by the Owner in each shipment shall be accounted for by the Contractor and such Material shall be at the risk of the Contractor after taking delivery. ,Such Material shall not, except with the written permission of the Contract Administrator, be used by the Contractor for purposes other than the performance of the Work under the Contract. .05 Empty reels, crates, containers and other type of packaging from Material supplied by the Owner shall become the property of the Contractor when they are no longer required for their original purpose and shall be disposed of by the Contractor unless otherwise specified in the Contract Documents. OPS General Conditions of Contract-September 1999 Page 21 .06 The Contractor shalt provide the Contract Administrator, immediately mediately upon receipt of each shipment, copies of bills of lading, or such other documentation the Contract Administrator may require to substantiate and reconcile the quantifies of Material received. .07 Where Material supplied by the Owner is ordered and stockpiled prior to the award of the Contract, the Contractor shall, at no extra cost to the Owner, immediately upon commencement of operations, check the Material, report any damage or deficiencies to the Contract Administrator and take charge of the Material at the stockpile site. Where damage or deficiencies are not so recorded by the Contractor it shall be assumed that the stockpile was in good order when the Contractor took charge of it and any damage or deficiencies reported thereafter shall be made good by the Contractor at no extra cost to the Owner. i� i x 1 Page 22 OPS General Conditions of Contrad•September 1999 SECTION GC 6.0-INSURANCE, PROTECTION AND DAMAGE !i 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 tt*'Contract Administrator of alVdamage and injuries which occur during the term of the Contract .04 The Contractor shall not be responsible for loss'and damage`that occurs as a result of, a) war, b) blockades and civil commotion; c) errors in the Contract Documents;or d) acts or omissions of the Owner,the Contract Administrator,their agents and'employees,.or.others . not under the control of the Contractor, but within the Working Area with the Owner's permission. .05 The Contractor and his Surety or Sureties.shall not be released from any tern or provision of any responsibility, obligation or liability under the Contract or waive or impair any of the rights of the Owner except by a release duly executed by the Owner. GC 6.02 Indemnification 01 <The Contractor shall>indemnify and hold harmless the Owner and the Contract Administrator, their agents, officers and employees from and against all claims, demands, losses, expenses, costs, damages, actions, suits or proceedings by third parties, hereinafter called "claims", directly or indirectly arising or alleged to arise out of the performance of or the failure to perform the Work, provided such claims are, a) attributable to bodily injury, sickness, disease, or death or to damage to or destruction of tangible property; b) caused by negligent acts or omissions:of the-Contractor or anyone_for::whose acts the Contractor may be liable;and c) made in writing within a period of 6 years from the date-of Substantia[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 furnished by the Contractor under the Contract .03 The Owner expressly waives the right to indemnity for claims other than those stated above in paragraphs GC 6.02.01 and GC 6.02.02. .04 The Owner shall indemnify and hold harmless the Contractor, his agents, officers and employees from and against all claims, demands, losses, expenses, costs, damages, action, 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 Ca tract-September 1999 Page 23 .05 The Contractor expressly waives the right to indemnity for claims other than those stated above in paragraph GC 6.02.04. GC 6.03 Contractor's Insurance GC 6.03.01 General .01 Without restricting the generality of subsection GC 6.02, Indemnification, the Contractor shall provide, maintain and pay for the insurance coverages listed under clauses GC 6.03.02 and GC 6.03.03. Insurance coverage in clauses GC 6.03.04, GC 6.03.05 and GC 6.03.06 will only apply when so specified in the Contract Documents. GC 6_.03.02 General Liability Insurance .01 General liability insurance shall be in the name of the Contractor, with the Owner and the Contract administrator named as additional insureds, with limits of not less than 5 million dollars inclusive per occurrence for bodily injury, death, and damage to propert y including loss of use thereof, with a property damage deductible of not more than $5000. The form of this insurance shall be the Insurance Bureau of Canada Form IBC 2100, dated 8-87. .02'�Another form of insurance equal to or better than that required in IBC Form 2100 may be used, provided all the requirements listed in the Contract are included. Approval of this insurance will be conditional upon the Contractor obtaining the services of an insurer licensed to underwrite insurance in the Province of Ontario and obtaining the insurer's certificate of equivalency to the required 'insurance. .03 The insurance shall be maintained continuously from the commencement of the Work until 12 months following the date of Substantial Performance of the Work, as set out in the Certificate of Substantial Performance of the Work, or until the Final Acceptance Certificate is issued, whichever is later, and with respect to completed operations coverage for a period of not less than 24 months from the date of Final Acceptance of the Work as set out in the Final Acceptance Certificate, and thereafter to be maintained for a further period of 4 years. .04 The Contractor shall submit annually to the Owner, proof of continuation of the completed operations overage and if the Contractor fails to do so, the limitation period for claiming indemnity described in paragraph GC 6.02.01 c),will not be binding on the Owner. .05 Should the Contractor decide not to employ Subcontractors for operations requiring the use of explosives for blasting,or pile driving or caisson work, or removal or weakening of support of property ildmg or land, IBC Form 2100 as required shall include the appropriate endorsements. .06 The policies shall be endorsed to provide the Owner with not less than 30 Days' written notice in advance of cancellation,change or amendment restricting coverage. .07 "Claims Made"insurance policies will not be permitted. GC 6.03.03 Automobile Liability Insurance .01 Automobile liability insurance in respect of licensed vehicles shall have limits of not less than 5 million dollars.inclusive per occurrence for bodily injury, death and damage to property, in the following forms `endorsed''to provide the Owner with not less than 30 Days' written notice in advance of any cancellation,change or amendment restricting coverage: a) standard non-owned automobile policy including standard contractual liability endorsement,and b) standard owner's form automobile policy providing third party liability and accident benefits insurance and covering licensed vehicles owned or operated by the Contractor. Page 24 OPS General Conditions of Contract•September 1999 i 1 GC 6.03.04 Aircraft and Watercraft Liability Insurance i .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..:w th the Owner.and.the Contract Administrator named.as,additional insureds, insuring.not;less .than the sum:bf_the.amount of the Contract price and the full value, as maybe-stated:.in:the-Supplemental-GeneraLdConditions, of Material.that is specified to be provided'by,the',Owner.1br ncorporation:'.into_the.Work, with a deductible not exceeding I%of the amount insured at the site of the Work. This insurance shall be in a form acceptable to the Ownerand shalt:be maintained continuously until 10 Days.aftec.the date of. Final Acceptance of the Work,as set out in the Final Acceptance Certificate. GC 6.03.05.02 Boiler Insurance t-.01,�,Boiler'inguraince�insuring*thei interests of the Contractor;=the'Ownerand the Contract Adminrstrator for not less than the replacement value of boilers and pressure vessels forming part of the Work, shall be 1 in a form acceptable to the Owner. This insurance shall be maintained continuously from commencement of use or operation of the property insured until 10 Days after the date of Final Acceptance of the Work,as set out in the Final Acceptance Certificate. GC 6.03.05:03 -Use and Occupancy nc ;of the'Work�Pnor to Completion - ' .01 'Should the Owner wish to use or,occupy part or all of the Work prior:to Substantial Performance, the Owner will give 30 Days'written notice'to`the'Contractor of the.intended purpose and extent of such use or occupancy.,Prior to-such use or occupancy the Contractor shall notify the Owner in writing of the additional premium cost, if any, to maintain property and boiler insurance, which shall be at the ..covg the Owner.upon:written notice from.the occupancy the-Contractor is unable to provide ers et nse if because of such fr n.he.Contractor-and-.prior..bonsuch-use.or,occupancy shall provide,,maintain and pay for property.a boiler:insurance:insuring_the full:walue of 1he Work, including coverage for such use or occupancy,:.and shall provide_the,Contractor with--.proof of such insurance: The;Contractor"shall refund to the Owner the--unearned Vremiums applicable to the Contractors 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 toa 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 GC 6.03.05.04 Payment for Loss or Damage .01 The Contractor shall be entitled to receive from the Owner, in addition to the amount due under the Contract, the amount at which the Owners interest in restoration of the Work has been appraised, such amount to be paid as the restoration of the Work proceeds and in accordance with the requirements of Section GC 8.0, Measurement and Payment In addition the Contractor shall be entitled to receive from the payments made by the insurers the amount of the Contractor's interest in the restoration of the Work. .02 The Contractor shall be responsible for deductible amounts under the policies except where such amounts may be excluded from the Contractors responsibility by the terms of this Contract. .03 In the event of a loss or damage to the Work arising from the action or omission of the Owner or others, the Owner shall pay the Contractor the cost of restoring the Work as the restoration of the Work proceeds and in accordance with the requirements of Section GC 8.0, Measurement and Payment GC 6.03.06 Contractor's Equipment Insurance .01 All risks Contractor's equipment insurance covering construction machinery and equipment used by the Contractor for the performance of the Work, including boiler insurance on temporary boilers and I pressure vessels, shall be in a form acceptable to the Owner and shall not allow subrogation claims by the insurer against the Owner. The policies shall be endorsed to provide the Owner with not less than 30 Days' written notice in advance of cancellation, change or amendment restricting coverage Subject to satisfactory proof of financial capability by the Contractor for self-insurance of the Contractor's Equipment the Owner agrees to waive the equipment insurance requirement, and for the purpose of this Contract, the Contractor shall be deemed to be insured. This policy shall be amended to provide permission for the Contractor to grant prior releases with respect to damage to the Contractor's Equipment GC 6.03.07 Insurance Requirements and Duration .01 Unless specified otherwise the duration of each insurance policy shall be from the date of commencement of the Work until 10 Days after the date of Final Acceptance of the Work, as set out in the Final Acceptance Certificate. .02 The Contractor shall provide the Owner, on a form acceptable to the Owner, proof of insurance prior to commencement of the Work, and signed by an officer of the Contractor and either the underwriter or the broker. .03 The Contractor shall, on request, promptly provide the Owner with a certified true copy of each insurance policy exclusive of information pertaining to premium or premium bases used by the insurer to determine the cost of the insurance. The certified true copy shall include a signature by an officer of the Contractor and in addition, a signature by an officer of the insurer or the underwriter or the broker. .04 Where a policy is renewed the Contractor shall provide the Owner, on a form acceptable to the Owner, renewed proof of insurance immediately following completion of renewal. .05 Unless specified otherwise the Contractor shall be responsible for the payment of deductible amounts t under the policies. .06 If the Contractor fails to provide or maintain insurance as required in subsection GC 6.03, Contractor's Insurance,or elsewhere in the Contract Documents, then the Owner will have the right to provide and maintain such insurance and give evidence thereof to the Contractor. The Owner's cost thereof shall be payable by the Contractor to the Owner on demand. Page 26 OPS General Cwftons of Corftct-September 1999 .07 If the Contractor fails to pay the cost of the insurance placed by the Owner within 30 Days of the date on which the Owner made a formal demand for reimbursement of such costs the Owner may deduct the costs thereof from monies which are due or may become due to the Contractor. GC 6.04 Bonding .01 The Contractor shall provide the Owner with the surety bonds in the amount required by the tender documents. .02 Such bonds shall be issued by a duly licensed surety company authorized to transact a business of suretyship in the Province of Ontario and shall be maintained in good standing until the fulfilment of the Contract. OPS General Conditions of Contract-Septernber 1999 Page 27 SECTION GC 7.0-CONTRACTOR'S RESPONSIBILITIES AND CONTROL OF THE WORK GC 7.01 General .01 The Contractor warrants that the site of the Work has been visited during the preparation of the Tender and the character of the Work and all local conditions which may affect the performance of the Work are known. .02 The Contractor shall not commence the Work nor deliver anything to the Working Area until the (;:Contractor has received a written order to commence the Work, signed by the Contract Administrator. .03 The Contractor shall have complete control of the Work and shall effective) i P y direct and supervise the Work so as to ensure conformity with the Contract Documents. The Contractor shall be responsible for construction means, methods, techniques, sequences and procedures and for coordinating the various parts of the Work. .04 The Contractor shall have the sole responsibility for the design, erection,operation, maintenance and ..removal of temporary structures and other temporary facilities and the design and execution of construction methods required in their use. .05 1-Notwithstanding paragraph GC 7.01.04, where the Contrail Documents include designs for temporary structures and other temporary facilities or specify a method of construction in whole or part, such facilities and methods shall be considered to be part of the design of the Work, and the Contractor shall not be held responsible for that part of the design or.the specified method of `construction. The Contractor shall, however, be responsible for the execution of such design or specified method of construction in the same manner that the Contractor is responsible for the execution of the Work. .06 The Contractor shall execute the terms of the Contract in strict compliance with the requirements of 1 the Occupational Health and Safety Act, R.S.O. 1990, c.O.1 (the "Act") and Ontario Regulation 213/91 (which regulates Construction Projects) and any other regulations under the Act (the "Regulations")which may affect the performance of the Work, as the"constructor"or"employer", as , defined by the Ad,as the case may be. The Contractor shall ensure that a) worker safety is given first priority in planning, pricing and performing the Work; b) its officers and supervisory employees have a working knowledge of the duties of a "constructor" , and"employer"as defined by the Act and the provisions of the Regulations applicable to the Work, and a personal commitment to comply with them; c)--a copy of the most current version of the Ad 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; orworkers employed to carry out the Work possess the knowledge, skills and protective devices required by law or recommended for use by a recognized industry association to allow them to work in safety; e) its supervisory employees carry out their duties in a diligent and responsible manner with due consideration for the health and safety of the workers;and f) all Subcontractors and their employees are properly protected from injury while they are at the work place. .07 The Contractor when requested shall provide the Owner with a copy of its health and safety policy and program at the pre-start meeting, and shall respond promptly to requests from the Owner for confirmation that its methods and procedures for carrying out the Work comply with the Act and Regulations. The Contractor shall cooperate with representatives of the Owner and inspectors appointed to enforce the Act and the Regulations in any investigations of worker health and safety in the performance of the Work. The Contractor shall indemnify and save the Owner harmless from any additional expense which the Owner may incur to have the Work performed as a result of the Contractor's failure to comply with the requirements of the Act and the Regulations. Page 28 OPS General Conditions of Contract-September 1999 .08 Prior to commencement of the Work the Contractor shall provide to the Contract Administrator a list of those products controlled under the Workplace Hazardous Materials Information System or WHMIS, which the Contractor expects to use on the Contract. Related Materials Safety Data Sheets shall accompany the submission. All containers used in the application of products controlled under WHMIS shall be labelled. The Contractor shall notify the Contractor Administrator of changes in writing and provide relevant Material Safety Data Sheets. .09 The Contractor shall have an authorized representative on the site while any work is being performed, to act°fororon the Contractors.behalf. Prior to commencement of construction,the Contractor shall notify the Contract Administrator of the names,-addresses;positions and telephone numbers of the Contractors representatives who can be contacted at any time to deal with matters relating to the Contract. .10 The Contractor'shall,at no,additional cost to the Owner, furnish all reasonable aid, facilities and -assistance required by the Contract Administrator for the proper inspection-and examination of the Work or the`taking of measurements for the purpose-of!,.payment .11 The Contractor shall prepare,and update as required,a construction schedule indicating the timing of the major and critical activities of the Work. -The schedule shall be designed to ensure conformity with the specified Contract Time., The schedule shall be submitted to the Contract Administrator within 14'Days from the date of the Contract award. 12 When: the ;Contractor'finds any error, inconsistency or,omission relating to'the Contract, the ' rAxtracttor shall promptly,report'it to the Contract Administrator and shall not-proceed with'the activity affected until receiving'-direction from the Contract Administrator. 13 The Contractor shall arrange with the appropriate utility authorities for the stake out of all underground utilities and service connections which may be affected by the Work. The Contractor shall be responsible for any damage done to the underground utilities by the Contractors forces during construction 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 lay out the Work,all as shown on the Contract Drawings. .02 The Contractor shall be responsible for the,preservation-of all property-bars.'while the Work is.in progress, except-those property bars,which=must.be removed Ao.facilitate the Work. Any other property bars disturbed, damaged-or removed by the Contractors operations°.shall be replaced by an Ontario Land Surveyor,at the Contractors expense. .03 At no extra cost to the'Owner,,the Contractor shall provide the Contract Administrator with such materials and devices'as maybe necessary to layout the baseline and benchmarks, and as maybe necessary for the inspection of the Work. 04 The Contractor shall provide qualified personnel to lay out and establish all lines and grades necessary for construction. The Contractor shall notify the Contract Administrator of any layout work carried out,so that the same may be checked by the Contract Administrator. 05 The Contractor shall install and maintain substantial alignment markers and secondary benchmarks as may be required for the proper execution of the Work. The Contractor shall supply one copy of all alignment and grade sheets to the Contract Administrator. OPS General Conditions of coWad-September 1999 Pne 29 .06 The Contractor shall assume full responsibility for alignment, elevations and dimensions of each and all parts of the Work, regardless of whether the Contractor's layout work has been checked by the Contract Administrator. .07 All stakes, marks and reference points provided by the Contract Administrator shall be carefully preserved by the Contractor. In the case of their destruction or removal as a result of the Contractor's operations, such stakes, marks and reference points will be replaced by the Contract Administrator at the Contractor's expense. s GC`7.03 Damage by Vehicles or Other Equipment .01 If at any time, in the opinion of the Contract Administrator, damage is being done or is likely to be. done to any Roadway or any improvement thereon, outside the Working Area, by the Contractor's vehicles or other equipment,whether licensed or unlicensed equipment, the Contractor shall, on the direction of the Contract Administrator, and at no extra cost to the Owner, make changes or substitutions for such vehicles or equipment, and shall alter loadings, or in some other manner, remove the cause of such damage to the satisfaction of the Contract Administrator. GC 7.04 Excess Loading of Motor Vehicles .01 °Where a vehicle is hauling Material for use on the Work, in whole or in part upon a Highway, and where motor vehicle registration is required for such vehicle, the Contractor shall not cause or permit such vehicle to be loaded beyond the legal limit specified in the Highway Traffic Act, R.S.O. 1990, c.H.8, as amended, whether such vehicle is registered in the name of the Contractor or otherwise, except where there are designated areas within the Working Area where overloading is permitted. The Contractor shall bear the onus of weighing disputed loads. GC 7.06 Condition of the Working Area .01 The Contractor shall maintain the Working Area in a tidy condition and free from the accumulation of debris,other than that caused by the Owner or others. GC 7.06 Maintaining Roadways and Detours .01 Where an existing Roadway is affected by construction, It shall be kept open to traffic, and the Contractor shall, except as otherwise provided in this subsection, be responsible for providing and maintaining for the duration of the Work, a road through the Working Area, whether along an existing Highway, including the road under construction, or on detours within or adjacent to the Highway, in accordance with the MUTCD. .02 *'Contractor shall not be required to maintain a road through the Working Area until such time as the Contractor has commenced operations or during seasonal shut down or on any part of the Contract that has been accepted in accordance with these General Conditions. The Contractor shall not be required to apply deicing chemicals or abrasives or carry out snowplowing. .03 Where localized and separated sections of the Highway only are affected by the Contractor's operations, the Contractor will not be required to maintain intervening sections of the Highway until such times as these sections are located within the limits of the Highway affected by the Contractor's general operations under the Contract. .04 Where the Contract Documents provide for or the Contract Administrator requires detours at specific locations, payment for the construction of the detours, and if required, for the subsequent removal of the detours,will be made at the Contract prices appropriate to such work. Page 30 OPS General Conditions of Contract-September 1999 1 05 The Contractor shall maintain, in a satisfactory condition for traffic, a road through the Working Area, at the Owner's expense. The road through the Working Area will include any detour constructed in accordance with the Contract Documents or required by the Contract Administrator. Compensation for all labour, equipment and materials to do this work shall be at the Contract prices appropriate to the work and, where there are no such prices, at negotiated prices. Notwithstanding the foregoing, the cost of blading required to maintain the surface of such roads and detours shall be deemed to be included in the prices bid for the various tender items and no additional payment will be made. .06 ,Wherework underthe'Contract is discontinued for any extended period including seasonal,shutdown, 'the Contractor shall, when directed by the Contract Administrator, open and place the Roadway and detours in a passable, safe and satisfactory condition for public travel. 07 Where the Contractor constructs a detour which is not specifically provided .for. in the Contract Documents;or required by the Contract Administrator, the construction of the detour and, if required, the subsequent removal shall be performed at the. Contractors expense.,.Jhe detour shall be constructed and 'maintained to structural 'and geometric' standards_approved by the Contract 'Administrator. Removal and site 'restoration shall be performed.-as.directed by the Contract Administrator. :08 Where,:with'the prior written approval of the Contract Administrator, the,Highway is closed and the .'traffic diverted'entirely off the Highway to any other Highway,the Contractor shall, at no extra cost to . `-the Owner;supply,'erect and maintainvtraffic control devices in,accordance with the MUTCD. '- :09 'Complianee*ith the foregoing provisions shall in no way relieve the Contractor,of obligations_under <subsection"`GC`6 01;`,Protection.-of"Work,-Persons,and i Pro perty; dealing'with;the Contractors responsibility for damage claims, except for claims'arising on sections of Highway within the Working Area that are being maintained by others. GC 7.07 Access to Properties Adjoining the Work and Interruption of Utility ' Services 01 The Contractor shall provide at all times,and at no extra cost to the Owner, a) adequate pedestrian and vehicular access;and b) continuity of Utility services to properties adjoining the Working Area. 02 The Contractor shall provide at all times and at no extra cost to the Owner access to fire hydrants, and water and gas valves located in the Working Area. .03 Where any interruptions in the supply of-:Utility:services are i required and:;ire authorized by.the Contract'Administrator,-the°Contractor-shall give the affected`propeity'owners 7notice in accordance with subsection`GC 7.11, Notices by the Contractor, and shall arrange'such interruptions so as to create a minimum of interference to those affected. GC 7.08 Approvals and Permits :01 -Except as'specified in subsection GC 4.02;`Approval and Permits,the Contractor shall obtain and pay- ' for any permits, licenses,;and certificates which at the date of tender closing, are required for the performance of the Work. .02 The Contractor shall arrange for all necessary inspections required by the approvals and permits specified in paragraph GC 7.08.01. OPS General Conditions of Contract-September 1999 Page 31 GC 7.09 Suspension of Work .01 The Contractor shall, upon written notice from the Contract Administrator,discontinue or delay any or all of the Work and work shall not be resumed until the Contract Administrator so directs in writing. Delays, in these circumstances,will be administered according to subsection GC 3.08, Delays. GC 7.10 Contractor's Right to Stop the Work or Terminate the Contract .01 -if the Owner is adjudged bankrupt or makes a general assignment for the benefit of creditors because '�'of insolvency or if a receiver is appointed because of insolvency, the Contractor may, without prejudice to any other right or remedy the Contractor may have, by giving the Owner or receiver or trustee in bankruptcy written notice,terminate the Contract .02� If the Work is stopped or otherwise delayed for a period of 30 Days or more under an order of a court or other public authority and provided that such order was not issued as the result of an act or fault of -.he.Contractor or of anyone directly employed or engaged by the Contractor, the Contractor may, xx. without prejudice to any other right or remedy the Contractor may have, by giving the Owner written _ notice,terminate the Contract .03 The Contractor may notify the Owner in writing, with a copy to the Contract Administrator, that the Owner is in default of contractual obligations if, a) the Contract Administrator fails to issue certificates in accordance with the provisions of Section GC 8.0, Measurement and Payment; b) the Owner fails to pay the Contractor, within 30 Days of the due dates identified in clause GC _ 8.02.03, Certification and Payment, the amounts certified by the Contract Administrator or within , 30 Days of an award by an arbitrator or court;or c) the Owner violates the requirements of the Contract. .04 ' The Contractor's written notice to the Owner shall advise that if the default is not corrected in the 7 Days immediately following the receipt of the written notice the Contractor may, without prejudice to any other right or remedy the Contractor may have,stop the Work or terminate the Contract .05 If the Contractor terminates the Contract under the conditions set out in this subsection, the Contractor shall be entitled to be paid for all work performed according to the Contract Documents and for any losses or damage as the Contractor-may sustain as a result of the termination of the Contract GC 7f1.1 Notices by the Contractor .01 Before work is carried out which may affect the property or operations of any Ministry or agency of ' govemment or any person, company, partnership or corporation, including a municipal corporation or any board or commission thereof, and in addition to such notices of the commencement of specified operations as are prescribed elsewhere in the Contract Documents, the Contractor shall give at least 48 hours advance written notice of the date of commencement of such work to the person, company, partnership, corporation, board,or commission so affected. .02 In the case of damage to, or interference with any utilities, pole lines, pipe lines, conduits, farm tiles, or other public or privately owned works or property, the Contractor shall immediately notify the Owner and the Contract Administrator of the location and details of such damage or interference. ' Page 32 OPS General Conditions of Conh -September 1999 GC 7.12 Obstructions .01 Except as otherwise noted in these General Conditions, the Contractor assumes all the risks and responsibilities arising out of any obstruction encountered in the performance of the Work and any traffic conditions, including traffic conditions on any Highway or road giving access to the Working Area caused by such obstructions,and the Contractor shall not make any claim against the Owner for any loss,damage or expense occasioned thereby. :OZ Where the obstruction is-a'Utility or other man-made object, the Contractor shall not be,required to, assume the risks and responsibilities arising,out of such obstruction, unless the location of the. obstruction is'shown on the plans or described in the specifications and the location,so shown is within the tolerance specified in paragraph GC 2.01.01 a), or unless the presence and location of the obstruction has otherwise been made known to the Contractor or could have been determined by the visual site investigation made by the Contractor in accordance with these General Conditions. 03 During the course of the Contract, it is the*Contractor'si responsibilityto.consult--with Utility companies or other-'appropriate authorities for further information in;regard to:the exactiocation-of these Utilities, to exercise the necessary care in construction°operations;and Ito take-such:,other.precautions as are necessary to safeguard the Utility from damage. GC 7.13 Limitations of Operations Al Except forsuch work as may be required by the Contract Administrator to maintain the Work in a-safe and satisfactory condition, the Contractor shall not carry on operations under the.Contract on, Sundays without permission in writing from the Contract Administrator. ' .02 The Contractor shall cooperate with other Contractors, Utility companies and the Owner and they shall be allowed access to their work or plant at all reasonable times. GC 7.14 Cleaning Up Before Acceptance .01'`Upon attaining Substantial Performance of the Work, the Contractor shall remove surplus,materials, tools,-construction.machinery and equipment not required for the performance of-the remaining Work . The Contractor shall also remove all temporary works and debris other than that caused by the Owner;or others and leave the Work and Working Area clean and suitable for occupancy by the Owner unless otherwise specified. 02 The Work shall not be deemed to have reached Completion-until 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. `x,.02 Subject to the previous'paragraph�the Contractor shall correct promptly, at no additional cost to the Owner,defects or deficiencies in the Work which appear, a) prior to and during the period of 12 months from the date of Substantial Performance of the Work, as set out in the Certificate of Substantial Performance of the Work, b) where the work is completed after the date of Substantial Performance, 12 months after Completion of the Work, c) where there is no Certificate of Substantial Performance, 12 months from the date of Completion of the Work as set out in the Completion Certificate, or OPS General Conditions of Contras-September 1999 Page 33 i d such longer periods as may be specified for certain Materials or some f 9 Pe Y P�fi o the Work. The Contract Administrator will promptly give the Contractor written notice of observed defects or deficiencies. .03 The Contractor shall correct or pay for damage resulting from corrections made under the requirements of paragraph GC 7.15.02. br Page 34 OPS General Conditions of contract-September 1999 SECTION GC 8.0-MEASUREMENT AND PAYMENT GC 8.01 Measurement GC 8.01.01 Quantities .01 The Contract Administrator will make an estimate once a month, in writing, of the quantity of Work performed. The first estimate will be the quantity of Work performed since the Contractor commenced the Contract: 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 tquantities'of the-Worlc performed will be either by-Actual Measurement or by Plan Quantity principles as indicated in ttie,,Contact°°Adjustments>to�Plan•Quantity measurements Will normally be made,-using-Plan,Quantity°principles-but may °where appropriate, be made using Actual Measurements. Those'itemsidentified on-the'Tender,by the notation (P) in the.unit column shall be paid according`to he''Plan,Quantity:�=Items"where the notation (P) does not occur shall be , paid according to Actual Measurement. GC 8.01.02 Variations in Tender Quantities .01 Where it-appears that the quantity of Work to be done and/or•Material to be-supplied by the ' Contractor under a unit price tender item will exceed or be less than the tender quantity, the Contractor shall proceed to do the Work and/or supply the Material required to complete the tender item and payment will be made for the actual'amount of Work done and/or Material supplied at the unit prices stated in the Tender except as provided below: ' *!Wthwcase of a!Major Item where the quantity of Work performed and/or Material_supplied by the Contractor-exceeds,the tender quantity by more than 15%,e'Ither.party to the,Contract may make a written'request-to the other party to-negotiate a revised unit price for that-portion of-the Work performed and/or'Material supplied which exceeds 115%of'the*tender quantity:'The negotiation shall be carried out as soon as reasonably possible. Any revision of the unit price shall be based on the reasonable cost of doing the Work and/or supplying the Material under the tender item plus ' a reasonable allowance for profit and applicable overhead. b)'Inthe case of a Major Item where the`quantity'aof�Wbrk7performed and/or Material supplied by the Contractor is less than 85% of the tenderquantity, the Contractormay make a written request to negotiate for the portion of the actual<overheads'and:fixed>oosts;applicable,to the amount of the underrun in excess of 15%of the tender quantity: For purposes vf the,negotiation, the,overheads ' and fixed costs applicable to the item are deemed to have been prorated uniformly over 100% of the tender quantity for the item. Overhead costs shall be confirmed by a statement certified by the Contractor's senior financial officer or auditor and may be audited by the Owner. Altematively, where',both<parties-agree,-an allowance equal to 10% of the unit price on the amount of the underrun in excess of 15%of the tender quantity will be paid. -Written requests for compensation must be received no later than 60 Days after the-issuance of the ' Completion Certificate. GC 8.02 Payment GC 8.02.01 Price for Work .01 Prices for the Work shall be full compensation for all labour, Equipment and Material required in its performance. .The term "all labour, Equipment and Materiar' shall include Hand Tools, supplies and other incidentals. OPS General Conditions of Contract-September 1999 Page 35 .02 Payment for work not specifically detailed as part of any one item and without specified detail ?� s of payment will be deemed to be Included in the items with which it is associated. i GC 8.02.02 Advance Payments for Material , .01 The Owner will make advance payments for Material intended for incorporation in the Work upon the written request of the Contractor and according to the following terms and conditions: a) The Contractor shall, in advance of receipt of the shipment of the Material, arrange for adequate and proper storage facilities and notify the Contract Administrator of their locations. --,b) The value of aggregates,processed and stockpiled,shall be assessed by the following procedure: i. Sources Other Than Commercial ' (1)Granular'A', 'B'and'M'shall be assessed at the rate of 60%of the Contract price, (2)Coarse and fine aggregates for hot mix asphaltic concrete, surface treatment and Portland cement concrete shall be assessed at the rate of 25% of the Contract price for each aggregate stockpiled. Commercial Sources Payment for separated coarse and fine Y Pa aggregates will be considered at the above rate when , such materials are stockpiled at a commercial source where further processing is to be carried out before incorporating such materials into a final product Advance payments for other materials located at a commercial source will not be made. c) Payment for all other materials, unless otherwise specified elsewhere in the Contract, shall be based on the invoice price, and the Contractor shall submit proof of lost to the Contract Administrator before payment can be made by the Owner. d) The payment for all Materials shall be prorated against the appropriate tender item by paying for sufficient units of the item to cover the value of the material. Such payment shall not exceed 80% of the Contract price for the item. e) All Materials for which the Contractor wishes to receive advance payment shall be placed in the designated storage location immediately upon receipt of the material and shall thenceforth be held , by the Contractor in.trust for the Owner as collateral security for any monies advanced by the Owner and for the due completion of the Work The Contractor shall not exercise any act of ownership inconsistent with such security, or remove any Material from the storage locations, except for inclusion in the Work,without the consent, in writing,of the Contract Administrator. ' f) Such materials shall remain at the risk of the Contractor who shall be responsible for any loss, damage,theft,improper use or destruction of the material however caused. .02 ,Where the Owner makes advance payments subject to the conditions listed in paragraph GC , 8.02.02.01, such payment shall not constitute acceptance of the Material by the Owner. Acceptance Vall only be determined when the material meets the requirements of the appropriate specification. GC 8.02.03 Certification and Payment ' d. GC 8.02:03.01 Progress Payment Certificate .01 The value of the Work performed and Material supplied will be calculated once a month by the , Contract Administrator in accordance with the Contract Documents and clause GC 8.01.01, Quantities. ' .02 The progress Payment Certificate will show, a) the quantities of Work performed; , b) the value of Work performed; )"any advanced payment for Materials; d) the amount of statutory holdback, liens, Owner's set-off; e) the amount of GST as applicable;and f) the amount due the Contractor. Page 36 OPS General Conditions of Contract-September 1999 .03 One copy of the progress Payment Certificate will be sent to the Contractor. .04 Payment will be made within 30 Days of the Cut-Off Date. ' GC 8.02.03.02 Certification of Subcontract Completion .01 Before the Work has reached the stage of Substantial Performance, the Contractor may notify the Contract Administrator, in writing that a subcontract is completed satisfactorily and ask that the Contract Administrator certify.the completion of such subcontract .02 The Contract Administrator will issue a Certificate of Subcontract Completion if the subcontract has been completed satisfactorily, and all required inspection and testing of the works covered by the rsubcontract have been carried out and the results are satisfactory. .03 The'Contract'Administratorwill set out in the Certificate of.Subcontract Completion the date-on which the subcontract-was completed and within:-7 Days of=the'date;the-.subcontract.is certified_complete, the ContractAdministrator will give a copy of-the certificate 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 ContracW the statutory holdback retained in respect of the.subcontract_,Such.release.shall be made ' z46 Days7after the,datethe subcontractzwas certified-complete,and:providing.the.:Contractor;;submks the following to the Contract Administrator a) a document satisfactory to the'Contract Administrator that wlll 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 fetter from the Workplace Safety.and .insurance Board relating to the subcontract;and d) a copy of'the contract'betwedn the Contractor and the Subcontractor and.a.satisfactory.statement showing the total amount due the Subcontractor from the Contractor. 02 Paragraph'GC 8.02.03.03.01.d),will only apply to Lump Sum Items and then only when.the Contract Administrator specifically requests it .03 Upon receipt of the statutory holdback, the Contractor-shaft-forthwith Subcontractor the payment due under the subcontract. ' 04 Release of statutory holdback by the Owner- in respect of-a-subcontract -shall not relieve the Contractor,or the Contractors Surety, of any of their responsibilities. ' GC 8.02.03.04 Certification of Substantial Performance .01 -Upon application by the Contractor and where the Contract has been substantially performed the Contract Administrator will issue a Certificate of Substantial Performance. f .02 The Contract Administrator will set out in the Certificate of Substantial Performance the date.on which the Contract was.substantially performed and Within 7 Days after signing the said certificate the Contract Administrator will provide a copy to the Contractor. .03 Upon receipt of a copy of the Certificate of Substantial Performance, the Contractor shall forthwith, as required by Section 32(1) Paragraph 5 of the Construction Lien Act, R.S.O. 1990, c.C.30, as amended, publish a copy of the certificate in a construction trade newspaper. Such publication shall include placement in the Daily Commercial News. OPS General Conditions of contract-September 1999 Page 37 .04 Where the Contractor fails to publish a copy of the Certificate of Substantial Performance as v, required above within 7 Days after receiving a copy of the certificate signed by the Contract Administrator, the Owner may publish a copy of the certificate at the Contractor's expense. .05 Except as otherwise provided for in Section 31 of the Construction Lien Act, the 45-day lien period prior to the release of holdback as referred to in clause GC 8.02.03.05, Substantial Performance Payment and Statutory Holdback Release Payment Certificates, shall commence from the date of ' publication of the Certificate of Substantial Performance as provided for above. GC 8.02.03.05 Substantial Performance Payment and Substantial Performance Statutory Holdback Release Payment Certificates .01 When the Contract Administrator issues the Certificate of Substantial Performance the Contract Administrator will also issue the Substantial Performance Payment Certificate and the Substantial Performance Statutory Holdback Release Payment Certificate or where appropriate, a combined :payment certificate. .02 die Substantial Performance Payment Certificate will show, a) the value of Work performed to the date of Substantial Performance; b) the value of outstanding or incomplete Work; *;-c)`the amount of the statutory holdback, allowing for any previous releases of statutory holdback to , the Contractor in respect of completed subcontracts and deliveries of pre-selected equipment; d) the amount of maintenance security required;and e) the amount due the Contractor. .03 Payment of the amount certified will be made within 30 Days of the date of issuance of the payment 'certificate. .04 The Substantial Performance Statutory Holdback Release Payment Certificate will be a payment certificate releasing to the Contractor the statutory holdback due in respect of Work performed up to ° 'the date of Substantial Performance. Payment of such statutory holdback shall be due 46 Days after the date of publication of the Certificate of Substantial Performance but subject to the provisions of ' the Construction Lien Act and the submission by the Contractor of the following documents: a) a release by the Contractor in a form satisfactory to the Contract Administrator releasing the Owner from all further claims relating to the Contract, qualified by stated exceptions such as , N outstanding work or matters arising out of subsection GC 3.14,Claims, Negotiations, Mediation; b) a statutory declaration in a form satisfactory to the Contract Administrator that all liabilities incurred by the Contractor and the Contractor's Subcontractors in carrying out the Contract have been discharged except for statutory holdbacks properly retained; c),a satisfactory Certificate of Clearance from the Workplace Safety and Insurance Board;and -dk,'-proof of publication of the Certificate of Substantial Performance. GC 8.02.03.06 CertWication of Completion ' .01 Upon application by the Contractor, and when the Contract reaches Completion, the Contract Administrator will issue a Completion Certificate. ' .02 The Contract Administrator will set out in the Completion Certificate the date on which the Work was completed and within 7 Days of signing the said certificate the Contract Administrator will provide a , copy to the Contractor. Page 38 OPS General Conditions of contract-September 1999 GC 8.02.03.07 Completion Payment and Completion Statutory Holdback Release ' Payment Certificates .01 When the Contract Administrator issues the Completion Certificate, the Contract Administrator will also issue the Completion Payment Certificate and the Completion Statutory Holdback Release ' Payment Certificate or where appropriate,a combined payment certificate. .02 The Completion Payment Certificate will show, ' a) measurement and value of Work at Completion; b) the amount of the further statutory holdback based on the value of further work.completed over and above the value of work completed shown in the Substantial Performance Payment Certificate referred to above; and c) the amount due the Contractor. .03 The Completion Statutory Holdback Release Payment.,Certificate.will,be.-a.payment;certificate releasing-to the Contractor,the'further`statutory f tidback:-'Taymentofsuch.Vtatutory holdback shall be due 46 Days after the date of Completiod,ofthe'Workas established bT.th&fompletion.Certificate but subject to the,provisions of=the Construction Lien Actand.•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 'daims relating to the Contract,' qualified by stated exceptions where appropriate; b) a statutory declaration in a form satisfactory to the;Contract Administrator that all liabilities incurred ' by the Contractor and the Contractor's Subcontractors in carrying out the Contract have been `discharged,qualified by stated exceptions where appropriate;and c)'a satisfactory Certificate of Clearance from the Workplace Safety and Insurance Board., GC 8.02.03.08 interest - :01 interest due the Contractor is based on simple interest and is calculated using the applicable Rate of . Interest. GC 8.02:03.09 Interest for Late Payment ' .01 Provided the Contractor has complied with the requirements of the Contract including all documentation requirements, when payment by the Owner to the Contractor for Work performed, or for release of statutory holdback, is delayed by the Owner, then the.Contractor shall be entitled to receive interest on the outstanding payment at the Rate of`interest i f;paymenitis not received on the dates set out below. a) Progress Payment Certificates: 30 Days after the Cut-Off Date; - b) Certificate'of Subcontract Completion:-�30 Days*afterthe.date-.ertifiedas,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),Compleetion.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 GC 8.02.03.10 Interest for Negotiations and Claims �. .01 Except as hereinafter provided, where a notice of negotiation, notice of intent to claim and the subsequent claims are submitted in accordance with the time limits and/or procedure described by subsection GC 3.14, Claims, Negotiations, Mediation, the Owner will pay the Contractor the Rate of Interest on the amount of the negotiated price for that part of the Work or on the amount of the settled claim. Such interest will not commence until 30 Days after the satisfactory completion of that part of ' the Work. .02':Where the Contractor does not attempt to resolve the negotiation or the claim in an expeditious manner, interest shall be negotiable. .03 .Where the Contractor fails to give notice of a claim within the time limit prescribed by subsection GC `3.14, Claims, Negotiations, Mediation, interest shall not be paid. .04 -Viere a Contractor fails to comply with the 30-day time limit and the procedures prescribed in paragraph GC 3.14.03.03 for submission of claims, interest shall not be paid for the decay period. GC 8.02' Owners Set-Off nw .01 '�Pursuant to Section 12 of the Construction Uen Act, the Owner may retain from monies owing to the Contractor under this Contract an amount sufficient to cover any outstanding or disputed liabilities including the cost to remedy deficiencies,the reduction in value of substandard portions of the Work, claims for damages by third parties which have not been determined in writing by the Contractor's insurer, undetermined claims by the Owner under paragraph GC 8.01.02.01 a), any assessment due the Workplace Safety and Insurance Board and any monies to be paid to the workers in accordance with clause GC 8.02.06, Payment of Workers. .02 Under these circumstances the Owner will give the Contractor appropriate notice of such action. GC 8.02.03.12 Delay In Payment 01 The Owner shall not be deemed to be in default of the Contract provided any delay in payment does ' not exceed 30 Days from the due dates as defined in paragraph GC 8.02.03.09.01. GC 8.02.04 Payment on a Time and Material Basis ' GC.8.004.01 Definitions .01 For-the purpose of this clause the following definitions apply: Cost of Labour. means the amount of wages,salary,travel,travel time,food, lodging or similar items and , Payroll Burden paid or incurred directly by the Contractor to or in respect of labour and supervision actively and necessarily engaged on the Work based on the recorded time and hourly rates of pay for such labour {' and supervision, but shall not include any payment or costs incurred for general supervision, administration of management time spent on the entire Work or any wages, salary or Payroll Burden for which the Contractor is compensated by any payment made by the Owner for Equipment. Cost of Material: means the cost of Material purchased, or supplied from stock, and valued at current ' market prices, for the purpose of carving out Extra Work, by the Contractor, or by others when such arrangements have been made by the Contractor for completing the Work,as shown by itemized invoices. Operated Rented Equipment: means Rented Equipment for which an operator is provided by the supplier of the equipment and for which the rent or lease includes the cost of the operator. l Page 40 OPS General Conditions of Contract-September 1999 Payroll Burden: means the payments in respect of workplace insurance, vacation pay, employment ' insurance, public liability and property damage insurance, sickness and accident insurance, pension fund and such other welfare and benefit payments forming part of the Contractor's normal labour costs. Rented Equipment: means equipment that is rented or leased for the special purpose of Work on a Time and Material Basis from a person, firm or corporation that is not an associate of the lessee as defined by the Securities Ad;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. StandbrTime: `means any,period of time which is'not-considered Working:Time nti which together with ?the Working Time does not exceed^10`hours in='any one- orking'Day.:and;during which.time a unit of equipment cannot practically be used on other;.work-but mustsernain:on.the,,site:.in_order to,continue.with its assigned task-and.during which time the unit is in fully:operable condition. Structure�Work: ` meanv'the construction;-reconstruction, repair,'alteration, remodelling,1 renovation or -demolition of anybridge, building,tunnel or-retaining wall and includes the preparation for and the laying of the foundation oU any"bridge,' building, tunnel or'retaining wall and the'installation of,equipment and appurtenances incidental thereto. The 127 Rate: means the rate for a unit of equipment as listed in OPSS 127;Schedule of Rental Rates for Construction Equipment Including Model and Specification Reference,which-is current at the time the work is carried out or for equipment which is not so listed, the rate which has been calculated by the Owner, using the same principles as used in determining The 127 Rates. ' Work-on=a•Time'end Material Basis: means Changes in the.WorK,Extra Work and.Additional.Work approved,by`the°Contract'Administratorrfor payment,on'a Time sand Material,basis. The Work-on a'Time F -and Material Basis"shall be=subject to all the terms; conditions,-specfications:and provisions of the ' Contract. Working Time: means each period of'time during which a unit of.equipment is actively and of necessity -engaged on a<specific-,operation and the first 2 hours of each immediately following period during which, the unit is not so engaged but during which-the,operation-is:othenmse proceeding.::and.during:which time ' > the unit cannot practically be transferred to other.work but must remain on the site in order to continue with its assigned tasks and during which time the:unit-:Is:in-a fully operable condition.. .v.. 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 ' - . Contract Administrator end.reporting-the labour and Equipment employed and the.Material.used on each Time.and-Material project, shall,be,reconciled and signed each day by both the Contractors representative and the Contract Administrator. ' GC 8.02.04.03 Payment for Work .01 Payment as herein provided shall be full compensation for all labour, Equipment and Material to do the Work on a Time and Material Basis except where there is agreement to the contrary prior to the 'commencement of the Work on a Time and Material Basis. The payment adjustments on a Time and Material basis shall apply to each individual Change Order authorized by the Contract Administrator. OPS General Conditions of CoMract-September 1999 Page 41 T. GC 8.02.04.04 Payment for Labour _ .01 The Owner will pay the Contractor for labour employed on each Time and Material project at 135% of the Cost of Labour up to $3000, then at 120% of any portion of the Cost of Labour in excess of $3000. .02 The Owner will make payment in respect of Payroll Burden for Work on a Time and Material Basis at ' the Contractor's actual cost of Payroll Burden. v .03-At At the Owner's discretion, an audit may be conducted in which case the actual Payroll Bunsen so determined shall be applied to all Time and Material work on the Contract ' GC 8.02.04.05 Payment for Material .01 The Owner will pay the Contractor for Material used on each Time and Material project at 120%of the , , ost of the Material up to $3000, then at 115% of any portion of the Cost of Material in excess of $3000. GC 8.02-04.06 Payment for Equipment GC 8.02.04.06.01 Working Time ' .01 The Owner will pay the Contractor for the Working Time of all equipment other than Rented Equipment and Operated Rented Equipment used on the Work on a Time and Material basis at The 127 Rates with a cost adjustment as follows: ' '>u a) Cost$10,000 or less-no adjustment; b) Cost greater than $10,000 but not exceeding $20,000-payment$10,000 plus 90% of the portion in excess of$10,000;and ' C) Cost greater than$20,000-$19,000 plus 80%of the portion in excess of$20,000. .02 The Owner will pay the Contractor for the Working Time of Rented Equipment used on the Work on a Time and Material Basis at 110%of the invoice price approved by the Contract Administrator up to a ' maximum of 110% of The 127 Rate. This constraint will be waived when the Contract Administrator approves the invoice price prior to the use of the Rented Equipment .03 The Owner will pay the Contractor for the Working Time of Operated Rented Equipment used on the Work on a Time and Material Basis at 110% of the Operated Rented Equipment invoice price approved by the Contract Administrator prior to the use of the equipment on the Work on a.Time and Material Basis. GC 8:07.04.06.02 Standby Time .01 -.The Owner will pay the Contractor for Standby Time of Equipment at 35%of The 127 Rate or 35%of ' the invoice price whichever is appropriate. The Owner will pay reasonable costs for Rented Equipment where this is necessarily retained in the Working Area for extended periods agreed to by the Contract Administrator.' This will include Rented Equipment intended for use on other work, but has been idled due to the circumstances giving rise to the Work on a Time and Material Basis. .02 In addition, the Owner will include the Cost of Labour of operators or associated labourers who , cannot be otherwise employed during the standby period or.during the period of idleness caused by the circumstances giving rise to the Work on a Time and Material Basis. .03 The Contract Administrator may require Rented Equipment idled by the circumstances giving rise to the Work on Time and Material Basis to be returned to the lessor until the work requiring the equipment can be resumed. The Owner will pay such costs as result from such return. Page 42 OPS General Conditions of Contract-September 1999 .04 When Equipment is transported, solely for the purpose of the Work on a Time and Material Basis, to ' or from the Working Area on a Time and Material basis, payment will be made by the Owner only in respect of the transporting units. When Equipment is moved under its own power it shall be deemed to be working. The method of moving Equipment and the rates shall be subject to the approval of the ' Contract Administrator. GC 8.02.04.07 Payment for Hand Tools ' 01: Notwithstanding lany: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 , ' Q1 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...,rece ived;appraval¢-prior to the commencement--.of.,such..work,-in accordance with:thek requirements ;of:4ubsec.�tion .,.GC 3.10, ' Subcontracting bythe Contractor,the Owner will pay'the� ost;of-, lork,•,on a:Time,=andWaterial Basis c - - by}the:Subcontractorcalcuhatedvs.ifthe.Contractorhad,done.theaWork.,onoe�Tr andaMaterial Basis, . plus-a markup calculated on the following basis: ' a).20%of the first.$3,000; plus b) 15%of the amount from$3,000 to$10,000;plus c) 5%of the amount in excess of$10,000. X02 ,,No further:markupwill be applled:negardless-of.the extent,to.which,the work is,assignedor,sublet to,_ ;others: If work rs°assrgned:or=-sublet to an:associate,;as.defined.by:the'Secunbes.,Act,no,.markup a , whatsoever will be applied. GC 8.02.04.09 Submission of invoices 01 -At the start-of?the Work:on a Mme and Material.Basis, the Contractor,shall,provide:,the..applicable, ' labour and-Equipment rates not already-submitted:to;the Contract Administrator during the course of, . such work. ' .02 SeparaL-summaries shall be,completed by the Contractor according to the stan0ard form,!Summary, for:Payment,of Accounts ion a Time.and Material Basis". - Each.summary;shall.iindude,the order number and covering dates of the work and shall itemize,separately.labour,Materials;and.Equipment. Invoices for Materials, Rented Equipment and other charges incurred by the Contractor on the Work ' on a Time and Material Basis shall be included-with-each summary. -:-i_03 Each month the"Contract Administrator-will include-with:the:monthly YProgress"ymeR_tffificate, the costs,of the'Work on a Mme�and Material Basis incurred during•~the preceding -month all in .-accordance with.the contract administrative procedures and.the Contractoc',s invoice of the Work-on a Time and Material Basis. .04 The final"Summary for Payment of Accounts on a Time and Material Basis".shall be submitted by the Contractor within 60 Days after the completion of the Work on a Time and Material Basis. ' GC 8.02.05 Final Acceptance Certificate Al-.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 Pays 43 ... .�GC 8.02.06 Payment of Workers .01 The Contractor shall, in addition to any fringe benefits, pay the workers employed on the Work in accordance with the labour conditions set out in the Contract and at intervals of not less than twice a ' month. .02 The Contractor shall require each Subcontractor doing any part of the Work to pay the workers ' employed by the Subcontractor on the Work in accordance with paragraph GC 8.02.06.01. .03 Where any person employed by the Contractor or any Subcontractor or other person on the Work is paid less than the amount required to be paid under the Contract, the Owner may set off monies in accordance with clause GC 8.02.03.11,Owners Set-Off. GC 8.02.07 Records , .01 The Contractor shall maintain and keep accurate Records relating to the Work, Changes in the Work, Extra Work and claims arising therefrom. Such Records shall be of sufficient detail to support the total cost of the Work, Changes in the Work, and Extra Work. The Contractor shall preserve all such ' `original Records until 12 months after the Final Acceptance Certificate is issued or until all claims have been settled,whichever is longer. The Contractor shall require that Subcontractors employed by the Contractor preserve all original Records pertaining to the Work, Changes in the Work, Extra , Work and claims arising therefrom for a similar period of time. .02 If, in the opinion of the Contract Administrator, Daily Work Records are required, such records shall report the labour and Equipment employed and the Material used on any specific portion of the Work. , The Daily Work Records shall be reconciled with and signed by the Contractor's representative each day. .03 The Owner may inspect and audit the Contractor's Records relating to the Work, Extra Work and ' Changes in the Work at any time during the period of the Contract. The Contractor shall supply certified copies of any part of its Records required whenever requested by the Owner. GC 8.02.08 Taxes and Duties ' .01 Where a change in Canadian Federal or Provincial taxes occurs after the date of tender closing for this Contract, and this change could not have been anticipated at the time of bidding, the Owner will , increase or decrease Contract payments to account for the exact amount of tax change involved. .02 Claims for compensation for additional tax cost shall be submitted by the Contractor to the Contract ' Administrator on forms provided by the Contract Administrator to the Contractor. Such claims for additional tax costs shall be submitted not less than 30 Days after the date of Final Acceptance. .03 Where the Contractor benefits from a change in Canadian Federal or Provincial taxes, the Contractor ' shall submit to the Contract Administrator, on forms provided by the Contract Administrator, a statement of such benefits. This statement shall be submitted not later than 30 Days after Final Acceptance. .04 Changes in Canadian Federal or Provincial taxes which impact upon commodities, which when left in place form part of the finished Work,or the provision of services,where such services form part of the Work and where the manufacture or supply of such commodities or the provision of such services is 1 carried out by the Contractor or a Subcontractor, are subject to a claim or benefit as detailed above. Services in the latter context means the supply and operation of equipment, the provision of labour and the supply of commodities,which do not form part of the Work. Page 44 OPS General Conditions of Contract-September 1 999 GC 8.02.09 Liquidated Damages .01 When liquidated damages are specified in the Contract and the Contractor fails to complete the Work in accordance with the Contract, the Contractor shall pay such amounts as are specified in the Contract Documents. t OPS General Conditions of Contract-September 1999 Page 45