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Home My WebLink About2005-138 THE CORPORATION OF THE MUNICIPALITY OF ClARINGTON BY-lAW 2005- 138 Being a By-law to authorize a contract between the Corporation of the Municipality of Clarington and Hamden & King Construction Inc., Ajax, Ontario, to enter into agreement for the Asphalt Resurfacing, Various Streets. THE CORPORATION OF THE MUNICIPALITY OF ClARINGTON HEREBY ENACTS AS FOllOWS: 1. THAT the Mayor and Clerk are hereby authorized to execute, on behalf of the Corporation of the Municipality of Clarington and seal with the Corporation Seal, a contract between, Hamden & King Construction Inc., Ajax, Ontario, and said Corporation; and 2. THAT the contract attached hereto as Schedule "A" form part of this By-law. By-law read a first and second time this 27 day of June ,2005. By-law read a third time and finally passed this 27 day of June, 2005. / -. -""'.' " <~~-~ riRiciGal Clerk"- ,_ T _'.' - -r. - :--- .- - . -'-~~':.. . , . . I I I I I I I I I I I I I I I I I I I CORPORATION OF THE MUNICIPALITY OF CLARINGTON ASPHALT RE-SURFACING VARIOUS STREETS-200S CONTRACT NO. CL200S-22 MAY 200S ~!!!! architects planners TSH NO. 12-29493 I I I I I I I I I I I I I I I I I I I AGREEMENT THIS AGREEMENT made in quadruplicate BETWEEN: HARNDEN & KING CONSTRUCTION INC. of the Regional Municipality of Durham and Province of Ontario hereinafter called the .Contractor" THE PARTY OF THE FIRST PART -and- THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON hereinafter called the "Purchaser" THE PARTY OF THE SECOND PART WITNESSETH, that the party of the first part, for and in consideration of the payment or payments specified in the tender for this work hereby agrees to furnish all necessary machinery, tools, equipment, supplies, labour, and other means of construction and, to the satisfaction of the Engineer, to do all the work as described hereafter, furnish all the materials except as herein otherwise specified, and to complete such works in strict accordance with the plans, specifications and tender therefore, all of which are to be read herewith and form part of this present agreement as fully and completely to all intents and purposes as though all the stipulations thereof have been embodied herein. Page I of 3 I I I I I I I I I I I I I I I I I I I DESCRIPTION OF THE WORK AND LIST OF DOCUMENTS Asphalt Re-surfacing, Various Streets, 2005, Contract No. CL2005-22. A. TENDER FORM: General Itemized Bid Bond Schedule of Tender Data B. STANDARD TERMS AND CONDITIONS C. INSTRUCTIONS TO TENDERERS D. SPECIAL PROVISIONS - GENERAL E. SPECIAL PROVISIONS - TENDER ITEMS F. STANDARDS G. PLANS: Map 1 H. STANDARD SPECIFICATIONS: It shall be the Contractor's responsibility to obtain the applicable edition of the following Ontario Provincial Standard Specifications. OPSS No. 127 128 206 Date Current Current Nov. 2000 OPSS No. 310 314 Date Nov. 2004 Nov. 2004 OPSS No. 330 408 Date Mav. 1994 Nov. 2004 OPSS No. 510 532 Date Nov. 2004 June 1991 I. GENERAL CONDITIONS: OPS General Conditions of Contract (September 1999) All Plans and Documents referred to in the Specifications. The Contractor further agrees that he will deliver the whole of the works completed in accordance with this agreement on or before the 2'. of September, 2005. IN CONSIDERATION WHEREOF said party of the second part agrees to pay to the Contractor for all work done, the unit prices on the Tender. This agreement shall enure to the benefit of and be binding upon the heirs, executors, administrators and assigns of the Contractor and on the heirs and successors of the Purchaser. Page 2 of 3 I I I I I I I I I I I I I I I I I I I 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 HARNDEN & KING CONSTRUCTION INC. in the presence of ) ) ) ) ) Date ) ) ) ) ) ) Date ~... . u,..lcF 0 ~o.}~ ~\) L..M '5" J SIGNED and sealed by the Purchaser THE CORPORATION OF THE MUNICIPALITY OF CL TON in the presence of ) ) ) ) ) ) ) ) ) ) ) Date Date PI29493/Specs/AGR.doc ~ - ~........ - - - .---- . '. ...... ^_. - - ~ ._~- . . ~ Page 3 of 3 I I I I I I I I I I I I I I I I I I I PROJECT: AUTHORITY: CONTRACT ADMINISTRATOR: TENDERER: TENDERS RECEIVED BY: P/12-29493/Specs/20939-TF-SignDocs.doc TENDER FOR CONTRACT NO. CL2oo5-22 ASPHALT RE-SURFACING, VARIOUS STREETS, 2005 CORPORATION OF THE MUNICIPALITY OF CLARINGTON TSH ENGINEERS, ARCHITECTS and PLANNERS 513 DIVISION STREET COBOURG, ONTARIO. K9A 5G6 Telephone: 905-372-2121 Fax: 905-372-3621 Harnden & King Construction Inc. Name 83 Orchard Road Aiax. Ontario LIS 6K9 Address (include Postal Code) Tel: 905-4266922 Fax: 905-619-9227 Telephone and Fax Numbers Rob Rodgers Name of Person Signing General Manager Position of Person Signing Mrs. Patti Barrie, Clerk Corporation of the Municipality of Clarington 40 Temperance Street BOWMANVILLE, Ontario. LIC 3A6 Page I of 6 pages I I I I I I I I I I I I I I I I I I I TENDER CONTRACT NO. CL2005-22 To: The Mayor and Members of Council Corporation of the Municipality of Clarington Re: Contract No. CL2005-22 Asphalt Re-Surfacing, Various Streets, 2005 Dear Mayor and Members of Council: The Contractor has carefully examined the Plans, Provisions, Specifications and Conditions described herein as part of the work to be done under this Contract. The Contractor understands and accepts the said Plans, Provisions, Specifications and Conditions, and, for the prices set forth in this Tender, hereby offers to furnish all machinery, tools, apparatus and other means of construction, furnish all materials, except as otherwise specified in the Contract, and to complete the work in strict accordance with the said Plans, Provisions, Specifications and Conditions. The Contractor understands and accepts that the quantities shown are approximate only, and are subject to increase, decrease, or deletion entirely if found not to be required. Attached to this tender is a bid deposit in the amount specified in Clause 3 of the Instructions to Tenderers, made payable to the Authority. This cheque or bid bond shall constitute a deposit which shall be forfeited to the Authority if the successful Contractor fails to file with the Authority a 100% Performance Bond, and a 100% Labour and Material Payment Bond, satisfactory to the Authority within ten (10) calendar days from the date of receipt of Notice of Acceptance of the Tender. Notification of acceptance may be given and delivery of the form of Agreement made by prepaid post, addressed to the Contractor at the address contained in this Tender. Page 2 of 6 pages I ITEMIZED BID CONTRACT NO. CL2oo5-22 I In accordance with the fust paragraph of this Tender, the Contractor hereby offers to complete the work specified for Contract No. CL2005-22 for the following unit prices. I 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 I I I I I I I I I I I I I I I I Item No. Spec No. . Description Unit Quantity Unit Price Total SECTION 'A' - BLOOR STREET - COURTICE ROAD (Reg. Rd. 34) to SOLINA ROAD Al 310 Hot Mix, H.L.-3, (40 mm) t 1200 48.41 58,092.00 SP A2 310 Hot Mix H.L.-3 - Driveways, (50 mm) t 20 88.68 1,773.60 SP A3 310 Hot Mix H.L.-8, (50 mm) t 1400 44.76 62,664.00 SP A4 314 Granular' A' t 6,500 14.51 94,315.00 AS 314 Granular 'A' - Shouldering t 300 17.29 5,187.00 A6 330 In-place Full Depth Reclamation of m2 10,400 2.40 24,960.00 SP Bituminous Pavement and Underlying Granular A7 206 Provisional Item hrs 60 221.39 13,283.40 SP Ditching a) Gradall b) Triaxle Dump Truck hrs 60 73.02 4,381.20 Sub-Total, Section 'A' 264,656.20 SECTION 'B' - CONCESSION ROAD 6 - 500 m west of RUNDLE ROAD to OLD SCUGOG ROAD B1 310 Hot Mix H.L.-3 - Driveways, (50 mm) t 10 88.68 886.80 SP B2 310 Hot Mix H.L.-4, (60 mm) t 2,300 48.11 110,653.00 SP B3 314 Granular' A' t 3,800 15.40 58,520.00 B4 314 Granular' A' - Shouldering t 1,100 16.56 18,216.00 B5 330 In-place Full Depth Reclamation of m2 14,400 2.31 33,264.00 SP Bituminous Pavement and Underlying Granular Page 3 of 6 pages I ITEMIZED BID CONTRACT NO. CL200S-22 I In accordance with the first paragraph of this Tender, the Contractor hereby offers to complete the work specified for Contract No. CL2oo5-22 for the following unit prices. I Spec. No. The numbers in this column refer to the applicable issue of the Ontario Provincial Standard Specifications SP Refers to Special Provisions (1') Plan Quantity Payment Item I I I I I I I I I I I I I I Tenderer's GST Registration No. 866800857 I PI12.29493/SpecsJ29493-ltcmBkt-SignDocs.xls I Item No. Spec No. Description Unit Qnantity Unit Price Total B6 206 Provisional Item hrs 40 221.39 8,855.60 SP Ditching a) Gradall b) Triaxle Dump Truck hrs 40 73.02 2,920.80 Sub-Total, Section 'B' 233,316.20 SECTION 'C' - McKNIGHT ROAD - COURTICE COURT TO SOUTH END Cl 310 Hot Mix H.L.-8, (80 mm) t 170 58.83 10,001.10 SP C2 314 Granular' A', Fine Grading and t 150 25.34 3,801.00 Shouldering Sub-Total, Section 'C' 13,802.10 SUMMARY: Sub-Total, Section 'A' 264,656.20 Sub-Total, Section 'B' 233,316.20 Sub-Total, Section 'C' 13,802.10 Total (excluding GST) $ 511,774.50 GST (7% of Total) $ 35,824.22 TOTAL TENDER AMOUNT $ 547,598.72 Page 4 of 6 pages I I I I I I I I I I I I I I I I I I I AGREEMENT TO BOND (to be completed by Bondinl! Company) CONTRACT NO. CL2005-22 WE, the Undersigned, HEREBY AGREE to become bound as Surety for Harnden & King Construction Inc. in a Performance Bond totalling ONE HUNDRED PERCENT (100%) of the Total Tender amount, and a Labour and Material Payment Bond totalling ONE HUNDRED PERCENT (100%) of the Total Tender amount, and conforming to the Instruments of Contract attached hereto, for the full and due performance of the works shown or described herein, if the Tender for Contract No.CL2005-22 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 A ward, otherwise the Agreement shall be null and void. DATED AT Toronto this ~ day of June 2005 The Guarantee Company of North America Name of Bonding Company Brent McAllister Signature of Authorized Person Signing for Bonding Company (BONDING COMPANY SEAL) Attorney-in-fact Position (This Form shall be completed and attached to the Tender Submitted). Page 5 of 6 pages I I I I I SCHEDULE OF TENDER DATA CONTRACT NO. CL2005-22 The work specified in the Contract shall be performed in strict accordance with the following Schedule: A. TENDER FORM: General Itemized Bid Agreement to Bond Schedule of Tender Data STANDARD TERMS AND CONDITIONS INSTRUCTIONS TO TENDERERS SPECIAL PROVISIONS - GENERAL SPECIAL PROVISIONS - TENDER ITEMS Pages I and 2 Pages 3 and 4 Page 5 Page 6 B. C. D. E. Pages 1 to 5 Pages I to II Pages I and 2 I F. STANDARDS G. PLANS: Map 1 H. STANDARD SPECIFICATIONS: It shall be the Contractor's responsibility to obtain the applicable I edition of the following Ontario Provincial Standard Specifications. OPSS No. Date OPSS No. Date OPSS No. Date OPSS No. Date I 127 Current 310 Nov. 2004 330 Mav. 1994 510 Nov. 2004 128 Current 314 Nov. 2004 408 Nov. 2004 532 June 1991 206 Nov. 2000 I 1. GENERAL CONDITIONS: OPS General Conditions of Contract (September 1999) I The Contractor, by this Tender, offers to complete the work of this Contract in strict accordance with the terms contained herein. I The bidder certifies that it has met all of its obligations to comply with the Provincial Retail Sales Tax requirements, so that it is able to do business in Ontario. Yes X No I By my/our signature hereunder, I1we hereby identify this as the Schedule of Tender Data, Plans and I Specifications, for Contract No. CL2005-22, executed by me/us bearing date the ~ day of June 2O!J5 and we have fully 5read all related documents to tender data as listed above. . .. - . -~-- - .---- . . ~~Wn~ . -__J_<.. '> I . - . .......-.- SIGNATURE: POSITION Geiietal Manager . - . - I NAME OF FIRM (COMPANY SEAL}. . -- - -.,.'- .' .- "- - / -. " '." . -' - - . . --- - I Privacv Le2islation Federal legislation governs the collection and use of personal infonnation from individuals. We represent and warrant to the owner that we have obtained the CONSENT of any and all employees whose personal information we have supplied to the owner in this tender. This personal information, which includes. but is not limited to, the employees' names, education, work and project history. professional I designations and qualifications. This CONSENT permits the owner to disclose this personal information to the Engineer (owner or agent) for the purpose of evaluating our bid. In the event that the tender is successful, this personal information may also be used in project administration, for contact purposes, I This is Page 6 of 6 Pages to be submitted as the Tender Submission for Contract No. CL2005-22. I I I I I I I I I I I I I I I I I I I I CORPORATION OF THE MUNICIPALITY OF CLARINGTON CONTRACT NO. CL200S-22 STANDARD TERMS AND CONDITIONS I I I I I I I I I I I I I I I I I I I 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 8, .Payments" of the .Special Provisions - General" Section of the Contract. . Clause 15 of the "Standard Terms and conditions" shall be superceded by Clause 2, .Guaranteed Maintenance" of the .Special Provisions - General" Section of the Contract. . Clause 16 of the .Standard Terms and Conditions" is not applicable to this Contract. . Clause 23 of the "Standard Terms and Conditions" shall be 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)" of the .Special Provisions - General" Section of the Contract. p/12-294931Specsl2094Q- T&C.doc I I I I I I I I I I I I I I I I I I I STANDARD TERMS AND CONDITIONS 1. DEFINITIONS Municipality - The Corporation of the Municipality of Clarington, its successors and assigns. Bidder - The person, firm or corporation submitting a bid to the Municipality. Company - The person, contractor, firm or corporation to whom the Municipality has awarded the contract, it successors and assigns. Contract - The purchase order authorizing the company to perform the work, purchase order alterations, the document and addenda, the bid, and surety. Subcontractor - A person, firm or corporation having a contract with the company for, or any part of, the work. Document - The document(s) issued by the Municipality in response to which bids are invned to perform the work in accordance wnh 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 retum the document or invitation may result in the removal of the Bidder from the Municipality's bidder's list. A bid received after the closing date and time will not be considered and will be returned, unopened. Should a dispute arise from the terms and conditions of any part of the contract, regarding meaning, intent or ambiguity, the decision of the Municipality shall be final. I I I I. I I I I I , I I I I I I I I I STANDARD TERMS AND CONDITIONS (continued) 3. CONTRACT The contract consists of the documents aforementioned. The contract and portions thereof take precedence in the order in which they are named above, notwithstanding the chronological order in which they are issued or executed. The intent of the contract is that the Company shall supply work which is fit and suitable for the Municipality's intended use and complete for a particular purpose. None of the conditions contained in the Bidde~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 facilnies, evidence of its ability, as well as that of any proposed subcontractor, to perform the work by the specified delivery date. 6. DELIVERY Unless otherwise stated, the work specified in the bid shall be delivered or completely performed by the Company as soon as possible and in any event within the period set out herein as the guaranteed period of delivery or completion after receipt of a purchase order therefor. A detailed delivery ticket or piece tally, showing the exact quantity of goods, materials, articles or equipment, shall accompany each delivery thereof. Receiving by a foreperson, storekeeper or other such receiver shall not bind the Municipality to accept the work covered thereby, or the particulars of the delivery ticket or piece tally thereof. Work shall be subject to further inspection and approval by the Municipality. The Company shall be responsible for arranging the work so that completion shall be as specified in the contract. Time shall be of the essence of the contract. I I I I I I I I I I I I I I I I I I I 9. 10. STANDARD TERMS AND CONDITIONS (continued) PATENTS AND COPYRIGHTS- cont'd If the work or any part thereof is in any action or proceeding held to constitute an infringement, the company shall forthwith either secure for the Municipality the right to continue using the work or shall at the company's expense, replace the infringing work with non-infringing work or modify it so that the work no longer infringes. ALTERNATES Any opinion with regard to the use of a proposed altemate determined by the Municipality shall be final. Any bid proposing an altemate will not be considered unless otherwise specified herein. 11. EQUIVALENCY Any opinion determined by the Municipality with respect to equivalency shall be final. 12. ASSIGNMENT AND SUBCONTRACTING The company shall not assign or subcontract the contract or any portion thereof without the prior written consent of the Municipality. 13. FINANCING INFORMATION REQUIRED OF THE COMPANY The Municipality is entitled to request of the Company to furnish reasonable evidence that financial arrangements have been made to fulfill the Municipality's obligations under the Contract. 14. LAWS AND REGULATIONS The company shall comply with relevant Federal, Provincial and Municipal statutes, regulations and by-laws pertaining to the work and its performance. The company shall be responsible for ensuring similar compliance by suppliers and subcontractors. The contract shall be govemed by and interpreted in accordance with the laws of the Province of Ontario. 15. CORRECTION OF DEFECTS If at any time prior to one year after the actual delivery date or completion of the work (or specified warranty/guarantee period if longer than one year) any part of the work becomes defective or is deficient or fails due to defect in design, material or workmanship, or otherwise fails to meet the requirements of the contract, the company, upon request, shall make good every such defect, deficiency or failure without cost to the Municipality. The company shall pay all transportation costs for work both ways between the company's factory or repair depot and the point of use. I I I I I I I I I I I I I I I I I I I 18. STANDARD TERMS AND CONDITIONS (continued) 16. BID ACCEPTANCE The Municipality reserves the right to award by item, or part thereof, groups of items, or parts thereof, or all items of the bids and to award contracts to one or more bidders submitting identical bids as to price; to accept or reject any bids in whole or in part; to waive irregularities and omissions, if in so doing, the best interests of the Municipality will be served. No liability shall accrue to the Municipality for its decision in this regard. Bids shall be irrevocable for 90 days after the official closing time. The placing in the mail or delivery to the Bidder's shown address given in the bid of a notice of award to a bidder by the Municipality shall constitute notice of acceptance of contract by the Municipality to the extent described in the notice of award. 17. DEFAULT BY COMPANY a. If the company: commits any act of bankruptcy; or if a receiver is appointed on account of its insolvency or in respect of any of its property; or if the company makes a general assignment for the benefit of its crednors; then, in any such case, the Municipality may, wnhout 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 persistentiy disregard statutes, regulations, by-laws or directives of relevant authorities relating to the work; or fails to prosecute the work wnh skill and diligence; or assigns or sublets the contract or any portion thereof without the Municipality's prior wrillen consent; or refuses to correct defective work; or is otherwise in default in canying out its part of any of the terms, conditions and obligations of the contract, then, in any such case, the Municipality may, upon expiration of ten days from the date of written notice to the company, terminate the contract. c. Any termination of the contract by the Municipality, as aforesaid, shall be wnhout prejudice to any other rights or remedies the Municipalny may have and wnhout incurring any liability whatsoever in respect thereto. d. If the Municipality terminates the contract, n is entitled to: i) take possession of all work in progress, materials and construction equipment then at the project site (at no addnional 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 Municipalny 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 Municipalny). CONTRACT CANCELLATION The Municipalny shall have the right, which may be exercised from time to lime, 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. I I I I I I I I I I I I I I I I I I I 21. 22. STANDARD TERMS AND CONDITIONS (continued) 19. QUANTITIES Unless otherwise specified herein, quantnies 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. 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 retumed before the 60 days have elapsed providing satisfactory evidence is provided that all liabilities incurred by the company in carrying out the work have expired or have been satisfied and that a Certificate of Clearance from the (WSIB) Workplace Safety and Insurance Board Board has been received. The company shall, if the Municipality in its absoiute discretion so desires, be required to satisfy fidelity bonding requirements by providing such bonding in an amount and form determined by the Municipality. Failure to fumish required surety within two weeks from date of request thereof by the Municipality shall make the award of the Contract by the Municipality subject to withdrawal. WORKPLACE SAFETY AND INSURANCE BOARD All of the Company's personnel must be covered by the insurance plan under the Workplace Safety and Insurance Act, 1997. Upon request by the Municipality, an original Letter of Good Standing for the Workplace Safety and Insurance Board shall be provided prior to the commencement of Work indicating all payments by the Company to the Board have been made. Prior to final payment, a Certificate of Clearance must be issued indicating all payments by the Company to the Board in conjunction wifh 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. I I I I I I I I I I I I I I I I I I I 23. 24. 25. 26. STANDARD TERMS AND CONDITIONS (continued) INSURANCE The company shall maintain and pay for Comprehensive General Liability insurance including premises and all operations. This insurance coverage shall be subject to limits of not less than $3,000,000.00 inclusive per occurrence for third party Bodily Injury and Property Damage or such other coverage or amount as may be requested. The policy shall include the Municipality as an additional insured in respect of all operations performed by or on behalf of the Company. A certified copy of such policy or certificate shall be provided to the respective participant prior to commencement of the work. Further certified copies shall be provided upon request. 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. 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 cond~ions of the s~e 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. 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 Empioyees of the Company. Without limiting the generality of the foregoing, the Company shall satisfy all statutory requirements imposed by the Occupational Health and Safety Act and Regulations made thereunder, on a contractor, a Constructor and/or Employer with respect to or arising out of the performance of the Company's obligations under this Contract. The Company shall be aware of and conform to all governing regulations including those established by the Municipality relating to employee health and safety. The Company shall keep employees and subcontractors informed of such regulations. The Company shall provide Material Safety Data Sheets (MSDS) to the Municipality for any supplied Hazardous Materials. I I I I I I I I I I I I I I I I I I I 27. 28. 29. 30. 31. STANDARD TERMS AND CONDITIONS (continued) 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 respecl 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. SUSPENSION OF WORK The Municipality may, without invalidating the contracl, 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. 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. 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 direcl or indirect interest in a Company or own a Company which sells goods or services to the Municipality. MUNICIPAl FREEDOM OF INFORMATION A1ND PROTECTION OF PRIVACY ACT (MFIPPAl All correspondence, documentation, and infonnation provided to staff of the Municipality of Clarington by every offerer, including the submission of proposals, shall become the property of the Municipality, and as such, is subjecl to the Municipal Freedom of Infonnation and Protection of Privacy Act, and may be subject to release pursuant to the Act. Offerers are reminded to identify in their proposal material any specific scientific, technical, commercial, proprietary, or similar confidential infonnation, the disclosure of which could cause them injury. Complete proposals are not to be identified as confidential. I I I I I I I I I I I I I I I I I I I CORPORATION OF THE MUNICIPALITY OF CLARINGTON CONTRACT NO. CL200S-22 INSTRUCTIONS TO TENDERERS P/12-29493/Specsl20941-IT.doc I I I I I I I I I I I I I I I I I I I INDEX INSTRUCTIONS TO TENDERERS CONTRACT NO. CL2005-22 CLAUSE SUBJECT PAGE 1. GENERAL........................................................................................................................................................... 1 2. BLANK FORM OF TENDER ............................................................................................................................ 1 3. TENDER DEPOSITS .......................................................................................................................................... 1 4. BONDS................................................................................................................................................................2 5. RlGHT TO ACCEPT OR REJECT TENDERS..................................................................................................2 6. UNACCEPTABLE TENDERS ...........................................................................................................................2 7. ABILITY AND EXPERlENCE OF TENDERER...............................................................................................2 8. PROVINClAL SALES T AX............................................................................................................................... 2 9. GOODS AND SERVICES TAX (GST)............................................................................................................. 3 10. EXECUTE CONTRACT DOCUMENTS........................................................................................................... 3 11. COMMENCEMENT OF WORK........................................................................................................................ 3 12. LOCATION ......................................................................................................................................................... 3 13. SOILS lNFORMATION AND CROSS-SECTIONS ..........................................................................................3 14. TENDERERS TO INVESTIGATE.....................................................................................................................4 15. INQUIRlES DURING TENDERING .................................................................................................................4 16. AWARD OF THE CONTRACT .........................................................................................................................4 17. DEFINITION OF OWNER/AUTHORITY AND ENGINEER/CONTRACT ADMINISTRATOR.................. 4 18. ADDENDA..........................................................................................................................................................4 19. UTILITIES........................................................................................................................................................... 5 I I I I I I I I I I I I I I I I I I I PAGE ONE INSTRUCTIONS TO TENDERERS CONTRACT NO. CL2005-22 1. GENERAL SEALED Tenders plainly marked "Contract No. CL2005-22 "will be received until: 2:00:00 P.M., LOCAL TIME, WEDNESDAY, JUNE 8, 2005 and shall be addressed to: Mrs. Patti Barrie, Clerk Corporation of the Municipality of Clarington 40 Temperance Street BOWMANVILLE, Ontario. LIC 3A6 2. BLANK FORM OF TENDER One copy of the Tender, on the forms provided, shall be submitted. All information requested shall be shown in the tender, in the space provided. 3. TENDER DEPOSITS All tenders shall be accompanied by a certified cheque or a bid bond in the minimum amount defined below, made payable to the Authority, as a guarantee for the execution of the Contract. $ 20,000.00 orless 20,000.01 to 50,000.00 50,000.01 to 100,000.00 100,000.01 to 250,000.00 250,000.01 to 500,000.00 500,000.01 to 1,000,000.00 1,000,000.01 to 2,000,000.00 2,000,000.01 and over $1,000.00 2,000.00 5,000.00 10,000.00 25,000.00 50,000.00 100,000.00 200,000.00 All deposits will be returned within ten days after the Tenders have been opened except those which the Authority elects to retain until the successful tenderer has executed the Contract Documents. The retained tender deposits will be returned when the successful Tenderer has fully complied with the conditions outlined in the Contract Documents. I I I , I I I I I I I I I I I I I I I INSTRUCTIONS TO TENDERERS CONTRACT NO. CL2005-22 2. 4. BONDS The Contractor is required to provide a Performance Bond, and a Labour and Material Payment Bond, each in an amount equal to 100 percent of the Total Tender Amount, to guarantee his faithful performance of this Contract and his fulfillment of all obligations in respect of maintenance and payment for labour and materials used on this work. Each Bond shall be with a satisfactory Guarantee Surety Company, resident in Canada or authorized to carry on business in Canada. An Agreement to Bond must be submitted with the tender bid. Bonding company standard "Agreement to Bond" forms are acceptable. 5. RIGHT TO ACCEPT OR REJECT TENDERS The Authority reserves the right to reject any or all tenders or to accept any tender should it be deemed to be in its best interest to do so. Tenders which are incomplete, conditional or obscure, or which contain additions not called for, erasures, alterations, or irregularities of any kind, may be rejected as informal. Tenders will not be accepted unless submitted in the envelopes provided. 6. UNACCEPTABLE TENDERS Each item in the Tender Form shall include a reasonable price for such item. Under no circumstances will an unbalanced tender be considered. The Authority and the Contract Administrator will be the sole judge of such matters, and should any tender be considered to be unbalanced, then it will be rejected by the Authority. 7. ABILITY AND EXPERIENCE OF TENDERER The Authority reserves the right to reject any tender where satisfactory evidence of sufficient capital, plant and experience to successfully prosecute and complete the work in the specified time, is not furnished by the Tenderer. 8. PROVINCIAL SALES TAX Provincial Retail Sales Tax shall be included in tendered prices for material supplied under this Contract. I I I I I I I I I I I I I I I I I I I INSTRUCTIONS TO TENDERERS CONTRACT NO. CL2005-22 3. 9. GOODS AND SERVICES TAX (GST) The Tenderer shall NOT include any amount in his tender unit prices for the Goods and Services Tax. The GST will be shown on each payment certificate and will be paid to the Contractor in addition to the amount certified for payment and will therefore not affect the Contract unit prices. 10. EXECUTE CONTRACT DOCUMENTS Tenders shall be open for acceptance for a period of 30 days after the closing date. After this time the tender may only be accepted with the consent of the successful Tenderer. The successful Tenderer shall execute the Contract Documents and furnish the required bonds within 10 calendar days of receipt of notification of Acceptance of Tender. Failure by the successful Tenderer to meet the above requirements will entitle the Authority to cancel the award of the Contract and to retain the tender deposit as compensation for damages sustained due to the successful Tenderer's default. The Authority may then award the Contract to one of the other Tenderers or take such other action as it chooses. 11. COMMENCEMENT OF WORK The successful Tenderer shall commence work at the site within 7 calendar days of the official commencement date as specified in the written order issued in accordance with GC7 .01.02 of the General Conditions. 12. LOCATION a) Bloor Street - Courtice Road (Reg. Rd. 34) to Solina Road b) Concession Road 6 - 500 m west of Rundle Road to Old Scugog Road c) McKnight Road - Courtice Court to south end 13. SOILS INFORMATION AND CROSS-SECTIONS A geotechnical investigation has been undertaken on behalf of the Authority. The results pro- vided are for information only and are not guaranteed by the Authority. A copy of the Geo- technical Report is included with the Tender Documents as listed in the "Schedule of Tender Data" . No design cross-sections have been prepared for this Contract. I I I I I I I I I I I I I I I I I I I INSTRUCTIONS TO TENDERERS CONTRACT NO. CL2005-22 4. 14. TENDERERS TO INVESTIGATE T enderers 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: Ron Albright, P.Eng. 16. AWARD OF THE CONTRACT The award of this Contract is subject to the approval of Municipality ofClarington. 17. DEFINITION OF OWNER/AUTHORITY AND ENGINEER/CONTRACT ADMINISTRATOR Wherever the word "Owner" or "Authority" or "Corporation" appears in this Contract, it shall be interpreted as meaning the "Corporation of the Municipality ofClarington". Wherever the word "Ministry", "M.T.C." or "M.T.O" appears it shall be deemed to mean the "Ministry of Transportation, Ontario" or the "Corporation of the Municipality of Clarington". Wherever the word "Contract Administrator" or "Engineer" appears in this Contract it shall be deemed to mean the Consultants, Totten Sims Hubicki Associates, or such other officers, as may be authorized by the Authority to act in any particular capacity. 18. ADDENDA The Contractor shall ensure that all addenda issued during the tendering period are attached as part of the submitted bid. Failure to do so will result in disqualification of the bid. I I I I I I I I I I I I I I I I I I I INSTRUCTIONS TO TENDERERS CONTRACT NO. CL2005-22 5. 19. UTILITIES For additional information regarding existing utilities the Contractor may contact the following personnel: Veridian Hydro: Mr. Peter Petriw, P.Eng. Tel: (888)-445-2881 Bell Canada: Ms. Kimberly MacLellan Tel: (905) 433-3034 Enbridge/Consnmers Gas: Mr. Frank Cholewa Tel: 800-361-0621 Ext: 2672 Cable TV Ms. Cindy Ward Tel: 905-436-4138 Hydro One Mr. Jim Hisson Tel: (905) 623-1071 I I I I I I I I I I I I I I I I I I I CORPORATION OF THE MUNICIPALITY OF CLARINGTON CONTRACT NO. CL2005-22 SPECIAL PROVISIONS - GENERAL P/12-294931SpeCJ!209-42-SPG.doc I I I I I I I I I I I I I I I I I I I INDEX SPECIAL PROVISIONS-GENERAL CONTRACT NO. CL2005-22 CLAUSE SUBJECT PAGE 1. PLAN QUANTITY ITEMS ...................................................................................1 2. GUARANTEED MAINTENANCE .... ....... ............................................. ............. ....1 3. CONTRACT TIME AND LIQUIDATED DAMAGES ..................................................1 4. CONTRACTOR'S AUTHORIZED REPRESENTATIVE................. ..............................2 5. OPS GENERAL CONDITIONS......... ......... .............................. ..............................2 6. LAYOUT. ...... ......... .......... .............. ...... .............. ................ ...... .......... .............2 7. RESTRICTIONS ON OPEN BURNING....................................................................3 8. PAYMENTS. .... ................................................ .................... ...... ....... ...............3 9. UTILITIES........ ................................... ... ................. ............... .... .....................3 10. DUST CONTROL ................... ............... ..................... .............. .......... ...............4 11. TRAFFIC CONTROL, FLAGGING ........................................................................4 12. CONTRACTOR'S SUPPLY OF CONSTRUCTION SIGNS............................................4 13. MAINTENANCE OF TRAFFIC......... ....................................................................5 14. EMERGENCY AND MAINTENANCE MEASURES ...................................................5 15. ENGINEERING FIELD OFFICE. ........ ......................... ......... .............................. ...5 16. MANAGEMENT AND DISPOSAL OF EXCESS MATERIAL .......................................5 17. OCCUPATIONAL HEALTH AND SAFETY ACT 1991 - DESIGNATED SUBSTANCES .....6 18. WORKPLACE HAZARDOUS MATERIAL INFORMATION SYSTEM (WHMIS) ..............7 19. SPILLS REPORTING ..................................................................................... .....7 20. PROTECTION OF WATER QUALITY ....................................................................8 21. TRAFFIC AND STREET SIGNS ............................................................................8 22. GARBAGE COLLECTION........................................................................... ........8 23. ASPHALT MIX DESIGNS......................... ................ ............... ............................9 24. DELIVERY OF TEST SAMPLES...........................................................................9 25. ENTRY ONTO PRIVATE PROPERTY ....................................................................9 26. STORAGE AREAS............................................................................................. 9 27. GENERAL LIABILITY INSURANCE .....................................................................9 28. CONSTRUCTION LIEN ACT ............................................................................. 10 29. PROPERTY OWNER'S RELEASE OF PRIVATELY OWNED LAND USED BY THE CONTRACTOR............................................................................................... 11 SCHEDULE'C'-CONTRACTORSAFETY I I I I I I I I I I I I I I I I I I I PAGE ONE SPECIAL PROVISIONS - GENERAL CONTRACT NO. CL2005-22 1. PLAN QUANTITY ITEMS Measurement for payment of the items designated (P) in the itemized bid is by plan quantity, as may be revised by adjusted plan quantity. 2. GUARANTEED MAINTENANCE Section GC7.15.02 of the General Conditions is revised in that the Contractor shall guarantee and maintain the entire work called for under this Contract for a period of twenty-four (24) months. The Contractor shall make good in a permanent manner, satisfactory to the Authority, any and all defects or deficiencies in the work, both during the construction and during the period of maintenance as aforesaid. The Contractor shall commence repairs on any work identified as defective under this clause within 48 hours of receipt of notice from the Authority or the Contract Administrator. The decision of the Authority and the Contract Administrator shall be fmal as to the necessity for repairs or for any work to be done under this Section. 3. CONTRACT TIME AND LIQUIDATED DAMAGES (1) Time Time shall be the essence of this Contract. For purposes of this Contract, GCl.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 GCl.06. (2) Progress of the Work and Contract Time The Contractor shall accomplish completion of this Contract as defined in GC 1.06 ofthe General Conditions on or before September 2, 2005. 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. I I I I I I I I I I I I I I I I I I I SPECIAL PROVISIONS - GENERAL CONTRACT NO. CL200S-22 2. (3) Liquidated Damages It is agreed by the parties to the contract that in case all the work called for under the contract is not completed by the date specified, or as extended in accordance with Section GC3.07 of the General Conditions, a loss or damage will be sustained by the Authority. Since it is and will be impracticable and extremely difficult to ascertain and determine the actual loss or damage which the Authority will suffer in the event of and by reason of such delay, the parties hereto agree that the Contractor will pay to the Authority the sum of FIVE HUNDRED DOLLARS ($500.00) 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. 4. CONTRACTOR'S AUTHORIZED REPRESENTATIVE Authorized representative as referenced in GC7.01.09 is defined as an employee of the Contractor. 5. OPS GENERAL CONDITIONS Wherever in this Contract reference is made to the General Conditions, it shall be interpreted as meaning the OPS General Conditions of Contract, September 1999. 6. LAYOUT Section GC7.02, Layout, is hereby revised by the deletion of Parts 03), 04), 05), and 06), and by the addition ofthe following: The Contract Administrator shall lay out and establish the primary alignment and grade controls necessary for construction. The Contractor shall provide the Contract Administrator with sufficient advance notice of his requirements to permit appropriate scheduling of the layout work. The layout performed by the Contract Administrator shall be sufficient to permit construction of the work by the Contractor in compliance with the Contract Documents, but shall not relieve the Contractor of his responsibility for the provision of qualified personnel and normal tools of the trade, as necessary for the transfer or setting of the secondary lines and grades from the primary controls provided. Tools of the trade are interpreted to include but not necessarily be limited to hand and line levels, boning rods, tape measures, lasers, etc. I I I I I I I I I I I I I I I I I I I SPECIAL PROVISIONS - GENERAL CONTRACT NO. CL2005-22 3. 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. 8. PAYMENTS Except as herein provided, payments under this Contract will be made in accordance with Section GC8.02.03 of the General Conditions. Notwithstanding the provisions of the General Conditions respecting certification and payment, the Authority may withhold 2-1/2 percent of the total value of work performed beyond the expiration of 46 days from the date of publication of the Certificate of Substantial Performance, to enable the Contract Administrator to produce the fmal detailed statement of the value of all work done and material furnished under the Contract. As a condition of holdback reduction from 10% to 2-112%, the Contractor shall supply a Statutory Declaration as defined in GC8.02.03.07 03)(b) and advertise the Certificate of Substantial Performance per GC8.02.03.04(03). The Completion Payment Certificate to include statutory holdback release, will be issued within 120 days after the date for completion as specified under GC1.06. The date for interest due to late payment shall commence following 180 days after the date of completion of the work. As a condition of the fmal holdback payment, the Contractor shall provide the required Property Owner's Releases as specified elsewhere, as appropriate. The Contractor shall include in his price for the publication of the Certificate of Substantial Performance. Publication is mandatory whether Contractor requests Substantial Performance or not. The Contractor is advised that the Authority may withhold payment on Interim and Holdback Release Certificates up to 30 calendar days from the date of receipt of the executed Payment Certificates. 9. 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. I I I I I I I I I I I I I I I I I I I SPECIAL PROVISIONS - GENERAL CONTRACT NO. CL2005-22 4. 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. 10. DUST CONTROL As a part of the work required under Section GC7.06 of the General Conditions, the Contractor shall take such steps as may be required to prevent dust nuisance resulting from his operations either within the right-of-way or elsewhere or by public traffic where it is the Contractor's responsibility to maintain a roadway through the work. Where the work requires the sawing of asphalt or the sawing or grinding of concrete, blades and grinders of the wet type shall be used together with sufficient water to prevent the incidence of dust, wherever dust would affect traffic or wherever dust would be a nuisance to residents of the area where the work is being carried out. The cost of all such preventative measures shall be borne by the Contractor except however where water or calcium cWoride 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 cWoride as are authorized by the Contract Administrator to restrict dust to acceptable levels, shall be paid for by the Authority at the contract prices for Application of Water or Application of Calcium Chloride. 11. TRAFFIC CONTROL, FLAGGING Flagging for traffic control on this Contract shall be in conformance with the procedure outlined in OTM Book 7 (Ontario Traffic Manual). Each flagman shall, while controlling traffic, wear the following: (i) an approved fluorescent blaze orange or fluorescent red safety vest, and (ii) an approved fluorescent blaze orange or fluorescent red armband on each arm, and (iii) an approved fluorescent blaze orange or fluorescent red hat. 12. CONTRACTOR'S SUPPLY OF CONSTRUCTION SIGNS In accordance with Section GC7.06 of the General Conditions, the Contractor is responsible for the supply, erection, maintenance and subsequent removal of all temporary traffic controls, including signs, lights, barricades, delineators, cones, etc., required on the work. I I I I I I I I I I I I I I I I I I I SPECIAL PROVISIONS - GENERAL CONTRACT NO. CL2005-22 5. Traffic controls shall be provided in general accordance with the latest edition of the "OTM Book 7". As a minimum requirement and without restricting the Contract Administrator or the Authority in requiring further controls, the following signs shall be supplied: TC-l CONSTRUCTION AHEAD 5 Traffic controls shall be operational before work affecting traffic begins. 13. MAINTENANCE OF TRAFFIC The Contractor will be required to maintain traffic in both directions on the street to be resurfaced. The Contractor may wish to temporarily close one lane of traffic to facilitate construction of the improvements. 14. EMERGENCY AND MAINTENANCE MEASURES . Whenever the construction site is unattended by the general superintendent, the name, address and telephone number of a responsible official of the contracting firm, shall be given to the Contract Administrator. This official shall be available at all times and have the necessmy authority to mobilize workmen and machinery and to take any action as directed by the Contract Administrator in case emergency or maintenance measures are required regardless whether the emergency or requirement for maintenance was caused by the Contractor's negligence, act of God, or any cause whatsoever. Should the Contractor be unable to carry out immediate remedial measures required, the Authority will carry out the necessary repairs, the costs for which shall be charged to the Contractor. 15. ENGINEERING FIELD OFFICE A separate field office for the Contract Administrator will not be required on this Contract. The Contractor shall, however, permit the Contract Administrator to make use of his office accommodation and other facilities as required, and at no extra cost to the Authority. 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: I I I I I I I I I I I I I I I I I I I SPECIAL PROVISIONS - GENERAL CONTRACT NO. CL2005-22 6. Work area: means the road al1owance, right-of-way, and property with a boundary common to the road al10wance or right-of-way within the Contract limits. .2 Subsection 180.07.02, Conditions on Management by Re-Use, shal1 be amended by the addition of the following: Recycled hot mix asphalt or excess bituminous pavement shal1 not be used as trench backfill or bedding. The Contractor shall be responsible for obtaining a copy of applicable Form Nos. OPSF 1800, OPSF 1801, OPSF 1803 and OPSF 1805 for use where appropriate with respect to disposal of excess material. 17. OCCUPATIONAL HEALTH AND SAFETY ACT 1991- DESIGNATED SUBSTANCES In accordance with the requirements of Section 18a(1) of the Occupational Health and Safety Act, the Authority has determined that the designated substances as listed hereunder are present on the site and within the limits of this Contract. I)~i~lited 'ldelltifiedolllbis Site .) :LocatiOIl ) <..... . . Substance . ...... 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. I I I I I I I I I I I I I I I I I I I SPECIAL PROVISIONS - GENERAL CONTRACT NO. CL2005-22 7. 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 IA8 of the location(s) proposed for disposal of Designated Substances. A copy of the notification shall be provided to the Contract Administrator a minimum of two weeks in advance of work starting. In the event that the Ministry of the Environment has concerns with any proposed disposal location, further notification shall be provided until the Ministry of the Environment's concerns have been addressed. All costs associated with the removal and disposition of Designated Substances herein identified, shall be deemed to be included in the appropriate tender items. Should a Designated Substance not herein identified be encountered in the work, then management of such substance shall be treated as Extra Work. The requirements of Section GC4.03 of the General Conditions of the Contract shall apply. 18. WORKPLACE HAZARDOUS MATERIAL INFORMATION SYSTEM (WHMIS) Reporting Section GC4.03.06 is deleted and replaced with the following: Prior to the commencement of work the Contractor shall provide, to the Contract Administrator, a list of those products controlled under WHMIS which he expects to use on this Contract. Related Material Safety Data Sheets shall accompany the submission. All containers used in the application of products controlled under 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 ActR.S.O.1980. All spills or discharges of liquid, other than accumulated rain water, from luminaires, internally illuminated signs, lamps, and liquid type transfonners 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 I I I I I I I I I I I I I I I I I I I - SPECIAL PROVISIONS - GENERAL CONTRACT NO. CL2005-22 8. 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. PROTECTION OF WATER QUALITY At all limes, the Contractor shall maintain existing stream flows and shall control all construction work so as not to allow sediment or other deleterious materials to enter streams. No waste or surplus organic material including topsoil is to be stored or disposed of within 30 metres of any watercourses. Run-{)ff from excavation piles will not be permitted to drain directly into watercourses but shall be diffused onto vegetative areas a minimum of 30 metres from the watercourse. Where this measure is not sufficient or feasible to control sediment entering the watercourses, sedimentation traps or geotextile coverage will be required. If dewatering is required, the water shall be pumped into a sedimentation pond or diffused onto vegetated areas a minimum of 30 metres from the watercourses and not pumped directly into the watercourses. No machinery shall enter the creek bed of any watercourse. Movement of construction equipment in the vicinity of any creeks shall be limited to the minimum required for construction. The Contractor shall not carry out equipment maintenance or refuelling or store fuel containers within 100 metres of any watercourse. The Contractor shall not stockpile construction debris or empty fuel/pesticide containers within the Contract limits. 21. TRAFFIC AND STREET SIGNS The Contractor will be responsible for the removal and salvage of existing traffic and street signs, and their delivery to the Authority's Works Department Yard, for re-erection by the Authority following completion of the work. Scheduling for sign removal shall be as approved in advance by the Contract Administrator. Regulatory signs such as "Stop" and "Yield" must be maintained throughout. 22. GARBAGE COLLECTION The Contractor will be responsible for ensuring that garbage collection, including recyclables, is maintained and when necessary, the Contractor shall make arrangements directly with the collecting agency, to permit and coordinate pick-up. Garbage pick-up is handled by Canadian Waste Services, at 1-800-789-8886. Recyclable material is handled by Miller Waste Systems at 1-800-461-1582. I I I I I I I I I I I I I I I I I I I - SPECIAL PROVISIONS - GENERAL CONTRACT NO. CL200S-22 9. 23. ASPHALT MIX DESIGNS The Contractor shall be responsible for the provision of current mix designs for all hot mix asphalt required for the work, or for having the necessary mix designs prepared by a certified laboratory. The mix designs proposed for use by the Contractor shall be submitted in writing to the Contract Administrator for his approval and no work shall commence until the design mixes are approved. All costs associated with the provision of approved mix designs shall be borne by the Contractor. Steel slag and blast furnace slag coarse and fine aggregates shall not be used in any hot mix required by this Contract. 24. DELIVERY OF TEST SAMPLES The Contractor shall include in his tender prices for the cost of delivery of concrete test cylinders and asphalt samples to a designated testing laboratory. For this contract the designated testing laboratory is Golder Associates, Whitby. 25. 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. 26. 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. 27. GENERAL LIABILITY INSURANCE Parties to the Contract beyond the Contractor, the Owner and the Contract Administrator must be added as additional insureds (See Clause GC6.03.02.01). I I I I I I I I I I I I I I I I I I I SPECIAL PROVISIONS - GENERAL CONTRACT NO. CL2005-22 10. 28. CONSTRUCTION LIEN ACf The Contractor shall give the Authority notice in writing, immediately, of all lien claims or potential lien claims coming to the knowledge of the Contractor or his agents. When a claim for lien is filed by a Subcontractor, labour or material supplier or equipment renter acting under the Contractor, and proceedings are commenced by the Authority to vacate the lien, the Contractor agrees and shall forthwith pay to the Authority, in addition to their reasonable legal fees therefore, all interest costs and expenses incurred by the Authority and an additional sum equal to ten percent (10%) of the sum found to be owing as liquidated damages, and such remedy shall be in addition to any other remedy available to the Authority under the Contract Documents. Where any lien claimant asks from the Authority the production for inspection of the Contract Documents or the state of the accounts between the Authority and the Contractor, the Contractor shall be liable for an administration fee of Two Hundred Dollars ($200.00) for each request made as compensation for the preparation of such accounting or for the preparation of the Contract, or both, as the case may be, and the Contractor acknowledges that such administrative fee shall be properly deductible, if the Authority should so choose, from monies otherwise payable to the Contractor under the terms of the Contract Documents. Where an application is brought to a judge of a competent jurisdiction to compel production of any particular document to a lien claimant, the Contractor further agrees to indemnify the Authority from reasonable legal fees incurred in appearing on such an application and in addition agrees to pay to the Authority its reasonable costs incurred in producing such documents to the extent that the same is made necessary under the disposition of the matter by such judge, and the Contractor further agrees that such reasonable costs and fees incurred by the Authority as stated herein may be properly deductible from monies otherwise payable to the Contractor under the terms of the Contract Documents. . I I I I I I I I I I I I I I I I I I I SPECIAL PROVISIONS - GENERAL CONTRACT NO. CL2005-22 11. 29. PROPERTY OWNER'S RELEASE OF PRIV A TEL Y 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 ofundenaking works stipulated in the Contract: Date ....................... To: Re: Contract No. CL2005-22 Dear 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 Municipality of Clarington from further obligations. Yours very truly, .................................. Signature Property Owner's Name........................... . Lot. .... .Concession.......... Municipality of ........................................ (Please complete above in printing) Final payment will not be released to the Contractor until all the applicable forms of release have been signed by the property owners and received by the Authority. I I I I I I I I I I I I I I I I I I I SCHEDULE (C) CONTRACTOR SAFETY POLICY AND PROCEDURE POLICY: Contractors and Sub-contractors are responsible to ensure that their personnel are updated on all safety concerns of the workplace and are aware of the safety requirements as required by the Contractor under the Occupational Health and Safety Act. Safety performance will be a consideration in the awarding of contract. Under the Occupational Health and Safety Act (Section 23 (1), (2)), it is the constructor's responsibility to ensure that: . the measures and procedures prescribed by the Occupational Health and Safety Act and the Regulations are carried out on the proiect; . every employer and every worker performing work on the proiect complies with the Occupational Health and Safety Act and the Regulations (under the Act); and . the health and safety of workers on the proiect is protected. . Where so prescribed, a constructor shall, before commencing any work on a project, give to a Director notice in writing of the project containing such information as may be prescribed. DEFINITIONS: Contractor - any individual or firm engaged by the Municipality to do work on behalf of the Municipality. Project - means a construction project, whether public or private, including, . the construction of a building, bridge, structure, industrial establishment, mining plant, shaft tunnel, caisson, trench, excavation, highway, railway, street, runway, parking lot, cofferdam, conduit, sewer, watermain, service connection, telegraph, telephone or electrical cable, pipe line, duct or well, or any combination thereof, . the moving of a building or structure, and . any work or undertaking, or any lands or appurtenances used in connection with construction. Construction - includes erection, alteration, repair, dismantling, demolition, structural maintenance, painting, land clearing, earth moving, grading, excavating, trenching, digging, boring, drilling, blasting, or concreting, the installation of any machinery or plant, and any work or undertaking in connection with a project. I I I I I I I I I I I I I I I I I I I SCHEDULE(C CONTRACTOR SAFETY POLICY AND PROCEDURE Continued... Constructor- means a person who undertakes a project for an owner and includes an owner who undertakes all or part of a project by himself or by more than one employer. Project Manager - means the municipal management representative who has responsibility for a contract. PROCEDURE: The following items are required before any Contractors are hired by the Municipality. a) Before beginning a project, the project manager or delegate must determine whether any designated substances/hazardous materials are (or will be) present at the site and prepare a list of all these substances. b) The project manager or delegate must include, as part of the request for tender/quotations, a copy of the above-mentioned list. The list of designated substances/hazardous materials must be provided to all prospective constructors . and/or contractors. c) The request for tender/quotations will require prospective contractors to include a list of the designated substances/hazardous materials that will be brought onto the work site and material safety data sheets. d) Before awarding a contract, contractor(s) will be required to complete and sign the Health and Safety Practice Form (Schedule "A"). The Purchasing Office will maintain all contractors safety performance records. e) As part of the tender/quotation conditions, before award of a contract, the contractor will be required to provide proof that all workers involved with the project have the proper WHMIS training, as required by the Occupational Health and Safety Act. f) As part of the tender/quotation conditions, before award of a contract, the contractor must provide details of their Health and Safety program. g) The project manager or delegate must provide the successful contractor with a workplace orientation, which will include, but not limited to identifying known potential hazards, hazardous material inventory and material safety data sheets for the sites. A workplace orientation/Job Safety Instruction Checklist to be completed (see Compliance page 9). h) Before the start of the assignment, the following documentation will be provided to the successful contractor, by the project manager or delegate. i) Copies of the Municipal Corporate Health and Safety Program ii) Departmental health and safety policies iii) Workplace procedures regarding health and safety practices. I I I I I I I I I I I I I I I I I I I SCHEDULE (C) CONTRACTOR SAFETY POLICY AND PROCEDURE Continued... i) The contractor has the responsibility to provide any and all prescribed personal protective equipment for their own workers, to include as a minimum but not limited to hard hats and safety boots. If a worker(s) fails to comply with any program, policy, rule or request regarding health and safety, that person(s) is not allowed on the site until the person(s) complies. j) 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 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 "8"). k) Where applicable, the Municipality will retain the right to allow municipal employees to refuse to work in accordance with the established policy and the Occupational Health and Safety Act, in any unsafe conditions. I) The Purchasing Department will maintain current certificates of clearance until all monies owing have been paid to the contractor. m) Responsibility for ensuring contractor compliance to this policy falls upon the project manager or designate. This will include identification, evaluation and control practices and procedures for hazards and follow-up and issuing of Contractor Health and Safety Warning/Stop Work Orders. I I I I I I I I I I I I I I I I I I I SCHEDULE (C) CONTRACTOR SAFETY POLICY AND PROCEDURE Continued... To Contractor(s): HEALTH AND SAFETY PRACTICE FORM The Municipality of Clarington is committed to a healthy and safe working environment for all workers. To ensure the Municipal workplace is a healthy and safe working environment, contractors, constructors and subcontractors must have knowledge of and operate in compliance with the Occupational Health and Safety Act and any other legislation pertaining to employee health and safety. In order to evaluate your company's health and safety experience, please provide the accident/incident and/or Workplace Safety and Insurance Board (WSIB) information noted below, where applicable. . The New Experimental Experience Rating (NEER) - The WSIB experience rating system for non-construction rate groups ............................................................................................. . The Council Amended Draft #7 (CAD-7) Rating - The WSIB experience rating system for construction rate groups .... ........ ...~.... '... ..... .... -... ...... .......... ..... ..... .... ..... '.... ..... ..... ...... . Injury frequency performance for the last two years - This may be available from the contractor's trade association ............................................................................................. . Has the contractor received any Ministry of labour warnings or orders in the last two years? (If the answer is yes, please include the infraction). . Confirmation of Independent Operator Status - The WSIB independent operator number assigned: (Bidders to include the letter confirming this status and number from WSIB with their bid submission.) I I I I I I I I I I I I I I I I I I I SCHEDULE (C) CONTRACTOR SAFETY POLICY AND PROCEDURE Continued... CONTRACTOR'S STATEMENT OF RESPONSIBILITY As a contractor working for the Municipality of Clarington, I/we will comply with all procedures and requirements of the Occupational Health and Safety Act, Municipal safety policies, department and site specific policies and procedures and other applicable legislation or regulations. I/we will work safely with skill and care so as to prevent an accidental injury to ourselves, fellow employees and members of the public. 1. The contractor/successful tenderer certifies that it, its employees, its subcontractors and their employees, a) are aware of their respective duties and obligations under the Occupational Health and Safety Act, as amended from time to time, and al/ Regulations thereunder (the "Acf'); and b) have sufficient knowledge and training to perform all matters required pursuant to this contract/tender safely and in compliance with the Act. 2. In the performance of all matters required pursuant to this contract/tender, the contractor/successful tenderer shall, a) act safely and comply in all respects to the Act, and b) ensure that its employees, it subcontractors and their employees act safely and complying all respects with the Act. 3. The contractor/successful tenderer shall rectify any unsafe act or practice and any non-compliance with the Act at its expense immediately upon being notified by any person of the existence of such act, practice or non-compliance. 4. The contractor/successful tenderer shall permit representatives of the Municipality and the Health and Safety Committee on site at any time or times for the purpose of inspection to determine compliance with this contractor/tender. 5. No act or omission by any representative of the Municipality shall be deemed to be an assumption of any of the duties or obligations of the 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 I I I I I I I I I I I I I I I I I 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 contracVtender; 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. \\~~~~~.J...~.\\).....l.I;....C.\;\~~R\l..c.::>.\~~....\.~.\"".,. ......... ....t~.€:... .~.ll~r.>.~.lZ.S. ... .... Contractor Name of Person Signing for Contractor ~";E "10 Zc;.;o,r- ..............................................................................1........... . ctor Date I I I I I I I I I I I I I I I I I I I 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: PART "B" - DETAILS OF INFRACTION (TO BE COMPLETED BY ISSUER) I I I I I I I I I I I I I I I I I I I 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 "Cn - 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. ~Adm~ooms&S~C~ri~~~~MOC I I I I I ..1. I I I I I I I -1-- .. .."" I I- " .. I I. I CORPORATION OF 11IE MVMICIPALlTY OF CLAlUNGTON . CONTRA(::T NO. craus 32 ~n.... SPECIAL PROVISION$-1'ENDEJl, tJI'.MS I 1 I I 1 I I I I ,I, I I I * I I I I I PAGEONE SPECIAL PRQVISIDNI- TENI)Qt,rtBMs CON'l'KACT NO~ CL20f)5.U The ~ rehabilitation works. in general. include: , SeedeD A - Bloor .~ - Courti.ceR0a4 ........3'4) .. SollDa.... .. ........ .." ",' ...... -.-' ...-....'.. ',. .. .. , Paveutenl Width - 6.5 m H.L.-3 - 40 mm depth. H.L.-8 - 50 mm depIll' 0nmuIar 'A' - 150 DUD depth and ~ . Pulverize exi$ting surfa(:e and lIlix intQ tOpJ.50.fum depthOf~i"",,, gJ'lIlIUIar. [)i~as~ . ........ -C~""" -SUO mm west Ot.....,~ Read....ow'Sli iLI"- PavementWlCltl1-.6.Sm H.L. -6. - (j() fum'dclpdl GrarmJar 'A' - SO mat depth and ~ l'IIlverit.eexiSWla ___ and mix _..2eO IBm depthqf...~I1I~. DJu:biDg as DCCCSsary . lJLJIWlC - ~~RoacI- . Pavement W"ulth - tiSm ~'A'-fiDe~lDIl~ }I.L.-8.- 8Ommdepd1ofbase~.~t._ ~'~.bY ~ , _...B.L..3 - ~NO. Al. Ai....l "'1IOTMIX; B~L-4. -lTEMNO. B2 . IIOT'MIX, H.L.-8 - 'mMS,.,o. A3 IIIUl Cl ''ttre..~ .u supply all materials ~fordleproper ~ of IhepaviAg work. in ~with Opss310. Aspbalt cement -W,"shaIl be~~gradeaspblllt C!Cmetltgl'ade ~. . ~CE FULL DEPTH RECL.UfATlON.OF~Pit~Mft) ~YING GRANt1LAR -ITEMS NO.A6ll1lC1es '1Ii"ledUDderthese 1f!l$S. ~tI1e C08tSII'-W~mll~~..()It1 r . ~"I.reDlOVahnd~al of ~ material in order, foJtieetexi$titig .grade....'WbereneW paYe$elltmeets~ pavement. .. l'IIe ~~ bitumiJlO9S pavement depths ate as tOlIows: ''''''- :.- ,'.. . ->C. \ ~jf } ~',.,. ..,' . ltelll A6 - 50 mm to 70 DUD '. .1teIII 85 - 70 mat to CJ() mm I I' ^'^. ^. I I I I I I I I I I I I I I I I I SPEClAJ.. PROVISIONS - 'fENDER ITEMS COJIlTRACT NO. CUOO5-n I 2. lienJs No. A6al!liB~.. tbeOOSt for strippin&teIIleVlllal!li \Iisp\J1alof'~$rgallic, lnaleliaI on tbecllisting road$hOullJerl~orm is to be ~intbe Items.' ' DrJ'CHING (PROVISIONAL) -ITEMS NO. A7~ B6 1)e-piice bid sIIaIlincluQefQr MI~fQraU JabQur. equipJDent aad IDaterial DeceSSll.(y to ."work, incWdina~vision of traffic ~ ..per OTM Etoolt 7. .~"~ ()fd~i!iqgwillbe ~fjedon.priot to,~tl1ework. It.~be I)oted '>',,~of the exeavate4 ~~ caltbell$Clllonthe Hi i!leSlopetoheIpStll1li_the m,vdsides\l)pes. All materialllllt suirablc lot ..l\t.t~otiaexcenof~ &hall lle lf~ of off site. ' . , I I I I I I I I I I I I I I I I I I I CORPORATION OF THE MUNICIPALITY OF CLARINGTON CONTRACT NO. CL2005-22 STANDARDS I I I I I I I-~ oJ I I I I I ) I I I I I ) 10 I EP Breakpoint Top of Typ povement Shoulder Rounding, Note 1 2%_ 6%_ -- -- -- ". ..... 6%- Granular Rounding breakpoint TYPE 1 - GRANULAR SHOULDER ~ 2%_ INoe ,1 I 6%_ I 0 .- o. .0. . ": 0" . o' . . '. ." ".. :~ -- -- --- 6%- ." .! TYPE 2 - FULLY PAVED SHOULDER ~ 2%_ Note 4 6%_ [0 . . . .." ." 'l. ."" J.. 6%_ o 0 0 . .. .. .. :. o:~ -- -- --- 6%- TYPE 3 - PARTIALLY PAVED SHOULDER NOTES: 1 Rounding sholl be 0.5m or greater when specified. 2 Slope is to be 3H:1V or flatter when specified. 3 Where cable and steel beam guide rail has been installed prior to shoulder paving and where shoulder paving is to be placed adjacent to the guide roil, the outside edge of shoulder paving sholl end 300mm from the face of the guide roil. 4 Partially paved shoulder width to be 0.5m moximum. A All dimensions are in metres unless otherwise shown. ONTARIO PROVINCIAL STANDARD DRAWING Nov 2004 TANGENT SHOULDERS RURAL OPSD - 210.010 8 C) z o c( u.. r:t::1/) :)1- 1/)0 WW r:t::""') cO c(r:t:: o a.. r:t:: In CI CI ('II ~ . ~~~ ~g ~~@ Ul ~ N ~ ~ 80 t::; <?.8 !Ii ~:'il J, II> B 6~~~:i~ ~8~~~~ ~ '" 5 "'~ - Ocr >- >- "'>- ~ <(o..~w (/) 3:~w~ ~5t~~a~ ~OI~~~ a::...Jz(l)~ ~...J =:f <C I , Q;~OJ:~?i S,1Q~~;n: zC)ow~= ~il!g:~~~ ~ :E l/) z o ~ u o ..J W l- ii) .~.. . il: ~.s ~ rr ~1 ~.. ('II ('II . 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J ~ . . ~ ii) peON ~- . , /P.-- . c o iii" . ~ II ~ peoM eU!lOS '2~ ~~~ eo;;;;G::IueH peOH l1::10::lUBH pBONaUJn . f ~ "'0 / oo~ ~ '~ '9. ISJlI bn ; !IL(~ "-~ ..~ j! :(( -. iii l e- I~'O'O _0 ,~~~... {, gf .'> ~l B~~~ 01 J:; u: 3~3 (-.., --_._--t-P;;HP;W6'~-;1 -- peOH h"IOOJ. I' ' I , peo~ial"~ I ' __..__ 'lIIIIIII'r_. 'N peoM aU!lUMOJ. 'I-T peoM eo .! <ll c > rc I-------" i I: ~I, illSl P'O""(/'i \""":Q f""""\' ~. ~ ~ 'i) 5 'g / 1-'1. ~. --... G~ ~ 0 ..... ~m ..~ peo~ Il1tMuOISSJd t.P rr, r Jl f~" OO'''^II I f:rr:1i-, -~ ;:n ltt. Jii ,/ ) 'S PeoH .aU!IUMO.l -....J ___r~_ YMYH.O 110 AU:) peoN SlInJJ. ----. ( ~ '" cO El , '" J .::>-. peoll sa:n:t '." :18, ~OM;ooz S3.US 3:JV~l:I(1S3M\SdVft\[6i'6G' Z\\S1.03rmld slm.::! I I I I I I I I I I I I I I I I I I I CORPORATION OF THE MUNICIPALITY OF CLARINGTON CONTRACT NO. CL200S-22 OPS GENERAL CONDITIONS OF CONTRACT (September 1999) I I- I I I I I I I I I I I I I I I I I ONTARIO PROVINCIAL STANDARDS FOR ROADS AND PUBLIC WORKS GENERAL CONDITIONS OF CONTRACT SEPTEMBER 1999 I I I I I I I I I I I I I I I I I I I GENERAL CONDmONS OF CONTRACT Table of Contents SECTION GC 1.0 -INTERPRETATION GC 1.01 Captions......................................................................... ............ .......... ............. ....... 1 GC 1.02 Abbreviations ........................................................................................................... 1 GC 1.03 Gender and Singular References............................................................................ 1 GC 1.04 Definitions .......... ..................................................................................... ................. 1 GC 1.05 Substantial Performance ......................................................................................... 5 GC 1.06 Completion...............................................................................................................6 GC 1.07 Final Acceptance ..................................................................................................... 6 GC 1.08 Interpretation of Certain Words ............................................................................... 6 SECTION GC 2.0 - CONTRACT DOCUMENTS GC 2.01 Reliance on Contract Documents............................................................................ 7 GC 2.02 Order of Precedence ...............................................................................................7 SECTION GC 3.0 - ADMINISTRATION OF THE CONTRACT GC 3.01 ContractAdmlnislrator's Authority........................................................................... 8 GC 3.02 WOlKing Drawings ................................................................................................;.. 9 GC 3.03 Right of the Contract Administrator to Modify Methods and Equipment ................. 9 GC 3.04 Emergency Situations............................................................................................10 GC 3.05 Layout.................................................................................................................... 10 GC 3.06 Working Area.........................................................................................................10 GC 3.07 Extension of Contract lime ................................,.................................................. 10 GC 3.08 Delays.................................................................................................................... 11 GC 3.09 Assignment of Contract ......................................................................................... 11 GC 3.10 Subcontracting by the Contraclor.......................................................................... 11 GC 3.11 Changes ................................................................................................................ 12 GC 3.11.01 Changes in the Work............................................................................................. 12 GC 3.11.02 Extra Work............................................................................................................. 12 OPS o.r.r.I Coor:lllla.. cI COntrecl- U 1&;11 mbeI ,_ T_ of COnWD.1 GC 3.11.03 Addilional WOlX ..................................................................................................... 12 GC 3.12 Notices................................................................................................................... 12 GC 3.13 Use and Occupancy of \he WorK Prior to Substantial Perfonnance ..................... 13 GC 3.14 Claims. Negotiations. Mediation ............................................................................ 13 GC 3.14.01 Continuance of the WOlX....................................................................................... 13 GC 3.14.02 Record Keeping..................................................................................................... 13 GC 3.14.03 Claims Procedure .................................................................................................. 13 GC, ~.14.04 Negotiations.............. ................................................................. ............................ 14 GC.3.14.05 Mediation ............................................................................................................... 14 GC. 3.14.06 Payment....................~........................................................................................... 14 GC 3.14.07 Rights of Both Parties............................................................................................ 15 GC 3.15 Engineering Arbitration...........................................................................................15 GC 3.15.01 Conditions for Engineering Artlitration................................................................... 15 GC 3.15.02 Artlitration Procedure............................................................................................. 15 GC 3.15.03 Appointment of Artlitrator....................................................................................... 15 GC 3.15.04 Costs...................................................................................................................... 16 GC 3.15.05 The Decision.......................................................................................................... 16 GC 3.16 Archaeological Finds ............................................................................................. 16 SECTION GC 4.0 - OWNER'S RESPONSIBILITIES AND RIGHTS GC 4.01 Working Area......................................................................................................... 17 GC 4.02 Approvals and Pennits .......................................................................................... 17 GC 4.03 Management and Disposition of Materials ............................................................ 17 GC 4.04 Construction Affecting Railway Property .............:..............................................:..18 GC 4.05 Default by the Contractor....................................................................................... 18 GC 4.06 Notification of Default ............................................................................................ 18 GC 4.07 Contractor's Right to Correct a Defaull................................................................. 18 GC 4.08 Owner's Right to Comlct Derault........................................................................... 18 GC 4.09 Tennlnation of Contractor's Right to Continue the WorK....................................... 18 T_flfCclrMna-1 OPSo...co. -. ...fIf~.8.1 ......1_ I .1 ,I I I I I I I I l I I I I I I I I I I I I I I I I I I I I I I I I I I I GC4.10 GC4.11 GC 4.12 GC4.13 Final Payment to Contractor.................................................................................. 19 Termination of the COntracl................................................................................... 19 Continuation of COntraclol's Obligations ............... ................ ....... ......................... 19 Use of Performance Bond ..................................................................................... 19 GC 5.01 SECTION GC 5.0 - MATERIAl GC 5.02 GC 5.03 GC 5.04 GC 5.05 GC 5.05.01 GC 5.05.02 Supply of Material.................................................................................................. 20 Quality of Material.................................................................................................. 20 Rejected Material................................................................................................... 20 Substitutions .......................................................................................................... 20 Owner Supplied Material.......................................................................................21 Ordering of Excess Material..................................................................................21 Care of Material..................................................................................................... 21 SECTION GC 6.0 -INSURANCE, PROTECTION AND DAMAGE GC 6.01 GC 6.02 GC 6.03 GC 6.03.01 GC 6.03.02 GC 6.03.03 GC 6.03.04 GC 6.03.05 GC 6.03.05.01 GC 6.03.05.02 GC 6.03.05.03 GC 6.03.05.1>4 GC 6.03.06 GC 6.03.07 GC 6.04 Protection ofWorlc, Persons and Property ............................................................23 Indemnification ......................................................................................................23 Contraclor's Insurance........................................................................................... 24 General..................................................................................................................24 General Liability Insurance ................................................ ............... ..................... 24 Automobile Liability Insurance............................................................................... 24 Aircraft and Watercraft Liability Insurance.................................................:........... 25 Property and Boiler Insurance...............................................................................25 Property Insurance ................................................................................................25 Boiler Insurance .......... ................ ................................ ....... ............... .............. ....... 25 Use and Occupancy of the Work Prior to Completion........................................... 25 Payment for Loss or Oamage..............................:................................................. 26 Contractor's Equipment Insurance ........................................................................ 26 Insurance Requirements and Duration.................................................................. 26 Bonding.................................................................................................................. 27 SECTION GC 7.0 - CONTRACTOR'S RESPONSIBIUTlES AND CONTROL OF THE WORK GC 7.01 General.................................................................................................................. 28 T.bleol~.1I OP808nonlCot_oI~-..pl .....,_ GC 7.02 GC 7.03 GC 7.04 GC 7.05 GC 7.06 GC 7.07 GC 7.08 GC 7.09 GC'7.10 GC7.11 GC 7.12 GC7.13 GC 7.14 GC7.15 Layout.................... ............................................. .......... .................. ........... ............ 29 Damage by Vehicles or Other Equipment............................................................. 30 Excess Loading of Motor Vehicles ........................................................................ 30 Condition of the Working Area.............................................................................. 30 Maintaining Roadways and Detours......................................................................30 Access to Properties Adjoining the Work and Interruption of Utility Services....... 31 Approvals and Pennils .......................................................................................... 31 Suspension of Work .............................................................................................. 32 Contlactor's Right to Stop the Work or Tennlnate the Contract............................ 32 Notices by the Contractor .................;..................................................................., 32 Obstructions........................................................................................................... 33 Umitations of Operations....................................................................................... 33 Cleaning Up Before Acceptance ........................................................................... 33 Warranty ................................................................................................................ 33 SECTION GC 8.0 - MEASUREMENT AND PAYMENT GC 8.01 GC 8.01.01 GC 8.01.02 GC 8.02 GC 8.02.01 GC 8.02.02 GC 8.02.03 GC 8.02.03.01 GC 8.02.03.02 GC 8.02.03.03 GC 8.02.03.04 GC 8.02.03.05 GC 8.02.03.06 GC 8.02.03.07 GC 8.02.03.08 GC 8.02.03.09 GC 8.02.03.10 GC 8.02.03.11 Measurement......................................................................................................... 35 Quantities............................................................................................................... 35 Variations in Tender Quantities .............................................................................35 Payment................................................................................................................ 35 Price for Work........................................................................................................ 35 Advance Payments for Material......................................................l......................36 Certification and Payment ..................................................................................... 36 Progress Payment Certificale................................................................................ 36 Certification of Subcontract Completion .............;.................................................. 37 Subcontract Statutory Holdback Release Certificate and Payment...................... 37 Certification of Substantial Perfonnance............................................................... 37 Substantial Perfonnance Payment and Substantial Performance Statutory Holdback Release Payment Certificales............................................................... 38 Certification of Completion ....................................................................................38 Completion Payment and Completion Statutory Holdback Release Payment Certificates .............................................................................................39 Interest..................................................................................................... .............. 39 Interest for Late Payment...................................................................................... 39 Interest for Negotlations and Claims ..................................................................... 40 Owner'a Set-Off ............ ........... .............................................. ...... .......... ....... ......... 40 T_ fit Coftlonta -Iv 0P8 o.n.r.I eo. ...... fit eo.-. ............ 1_ .1 ., '. I I I I I I I J: I I I I I I I I, I I I I I I I I I I I I I I I I I I I GC 8.02.03.12 Delay in Payment ..................................................................................................40 GC 8.02.04 Payment on a Time and Material Basis................................................................. 40 GC 8.02.04.01 Definitions ..............................................................................................................40 GC 8.02.04.02 Daily Wlllk Records...............................................................................................41 GC 8.02.04.03 Payment for Worl<..................................................................................................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 Tme ........................................................................................................42 GC 8.02.04.06.02 Standby Time ........................................................................................................42 GC 8.02.04.07 Payment for Hand Tools........................................................................................ 43 GC 8.02.04.08 Payment for Wort< by Subcontractors.................................................................... 43 GC 8.02.04.09 Submission of Invoices..........................................................................................43 GC 8.02.05 GC 8.02.06 Final Acceptance Certificate.........................................:........................................ 43 Payment ofWor1<ers..............................................................................................44 Records .................................................................................................................44 GC 8.02.07 GC 8.02.08 GC 8.02.09 Taxes and Duties...................................................................................................44 -Uquidated Damages..............................................................................................45 OPS_eo.__atConncl-B ,I nt.....,_ T_ at ConI8nllI- y I I I I I I I I I I I I I I I I I I I Ontario Provincial Standards for Roads and Public Works September 1999 GC 1.01 GENERAL CONOmONS OF CONTRACT SECTION GC 1.0 . INTERPRETATION 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" "ANSI" "ASTM" "AWG" "AWWA" "CESA" "CGSB" "CSA" "CWB" "GC" "MaE" "MTe" "MTO" "MUTCO" OOPS" -"OPSO" "OPSS" "PEa" "SAE" "SSPe" "UL" MULe" GC 1.03 American AssocIation of State Highway Transportation Officials American National Standards Institute American Society for Testing and MaterIals American Wire Gauge American Water Works AssocIation Canadian Engineering Standards Association Canadian General Standards Board Canadian Standards Association Canadian Welding Bureau General Conditions Ministry of the Environment (Ontario) Ministry of Transportation (Ontario) Ministry of Transportation (Ontario) Manual of Uniform Traffic Control Devices. pubflShed by MTO Ontario Provincial Standard Ontario Provincial Standard Drawing Ontario Provincial Standard Specification Professional Engineers Ontario Society of Automotive Engineers Structural Steel Painting Council Underwriters Laboratories Underwriters Laboratories Canada 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 Wort<. P8gel OP8~ CoI__ofConnct. ',pUmbV 111119 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 Perfonnance: 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. .;r: Change In the Work: means the deletion, extension, increase, decrease or alteration of Hoes, grades, dimensions, quantities, methods. drawings, substantial changes in geotechnical, subsurface, surface or other conditions, changes in the character of the Work to be done or materials of the Work or part thereof, .within~ Intended scope of the Contract. . Change Order: means a written amendment to the Contract signed by the Contractor and the Owner, or the Contract Administrator where so authorized, covering contingencies, a Change in the Work, Extra Work, Additional Work and changed subsurface conditions, and estabHshing the basis for payment and the time allowed for the adjustment of the Contract Tme. Completion Certificate: means the certificate issued by the Contract Administrator at completion. Constructor: means, for the purposes of, and within the meaning of the Occupational Health and Safety Act. R.S.O. 1990, c.O.1, as amended and amendments thereto, the Contractor who executes the Contract. Contract: means the undertaking by the Owner and the Contractor to perform their respective duties, responsibilities and obligations as prescnbed 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 Hsts, Quantity Sheets, cross-seclions and standard drawings. Contract Time: means the time stipulated in the Contract Documents for Substantial Performance of the Work, including any extension of Contract Trme 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. Pege 2 OPS_eoo__lIIIColIINcl....IJ_t_ I I I I I I I I I I I I I I I I ,I I I I I I I I I I I I I I I I I I I I I I Cost Plus: See "Tune and Materiar. 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; Iypes 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 construclionmachinefy and"equlpment 'EstImate: means a calculation of the qtiantily or-cost-oftheWork'<<'PSrl'Ofit'-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 regulalionswhich affect theWork. Final Acceptance Certificate: means the certificate issued by the Contract Administrator at Final Acceptance of the Work. Final Detailed Statement: means a complete evaluation prepared by the Contract Administrator showing the quantities. unit prices and final dollar amounts of all items of work completed under the Contract, including variations in tender items and Extra Work. all as set out in the same general form as the monthly estimates. Force Account: See'Tme and Materiar. 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 quanlily may be given in the Contract Documents. Major Item: ,means any tender Item that has a value. calculaled on the basis of Its actual or estimated tender quanlily, 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 an the estimated tender quantities and the tender unit prices. Material: means material. machinery, equipment and fixtures forming part of the Work. OP8~CoI_.""Conncl.81.1 ._1lll111 P_3 Owner: means the party to the Contract for whom the wort< is being performed, as identified in the Agreement, and includes, with the same meaning and import, "Authority". Pavement means a wearing course or courses placed on the Roadway and consisting of asphaltic concrete, hydraulic cement concrete - Portland cement concrete, or plant or road mixed mulch. Perfonnance Bond: means the type of security fumished to the Owner to guarantee completion of the Work in accordance with the Contract and to the extent provided in the bond. Plan Quantity: means that quantity as computed from within the boundary lines of the Wort< as shown in the Contract Documents. '..' . Project means the construction of the Wort< as contemplated by this Contract. Quantity Sheet means a list of the quantities of Work to be done. Rate'f?! Interest means the rate determined by the Minister of Finance of Ontario and issued by, and available from, the Owner. .....!~_t Records: mean any books, payrolls, accounts or other infonnalion which relate to the Work or any Change in the Wort< or claims arising therefrom. Roadway: means that part of the Highway designed or intended for use by vehicular traffic and includes the Shoulders. .:it . 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 Wort< ~ virtue of an agreement with the Contractor. ..4n.. Subgrade: means the earth or rock surface, whether in cut or fill, as prepared to support the Base, Subbase and Pavement .;;:. Subsuiface 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 Wort<. Surety: means the person, partnership or corporation, other than the Contractor, licensed In Ontario to transact business under the Ill$Urance Act, R.S.O. 1990, c.1.8, as amended, executing a bond provided by the Contractor. Tender: . means an offer in writing from the Contractor, submitted in the format prescribed by the Owner, to complete the Work. nme 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. ,"-4 OP8-COl_~"'ColIlr8cl..1JI ..,.,,_ I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I UtIlity: means an aboveground or underground facility maintained by a municipality, public utility authority or regulated authority and includes seMces such as sanitary sewer, storm sewer, water, eleclric, 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 Ana: means all the lands and 'easements owned or acquired by the Owner for the'construction of the Work. Worldng Oay: means any Day, a) except Saturdays, SUndays and statutory holidays; . b) 'except a'Day astleterrilittedbYlhElContnrct'Administrator:'on'Vlh1ch1he"'Contractor1sprevented by , irIcIernent 'weather or conditions' resulting immediately1tn:nef,om:fron I p10ceeding -with'a' Controlling 'Operation.,'. For the pUlposesof this definition, this will be aOay 'durlngwhiclr the Contractor ,cannot proceed with at least 60% of the normal labour and equipment force effectively engaged on the Controlrmg 0pEirati0n for at least 5 hours; c) except a Day on which the CUllb....to. is prevented from proceeding with a C0ntr0lIing Operation, as detennitted by the Contract Administrator by reason of, i. any breach of the Contract by the Owner or if such prevention is due to the Owner, another contractor hired by the Owner, or an 'emplOyee of anyone of them, or by anyone else acting on behalf of the Owner. ' ii. on-delivery of OWner-supplied materials, iii. any cause beyond the reasonable control of the Contractor which can be substantiated by the Contractor to the satisfaction of the Contract Administrator. Working Drawings: or Working Plans: ' means any Drawings or Plans prepared by the 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 substantialpart:thereof is ready for use or is being used for the purpose intended; and b) when the Work to be performed under the Contract is'capable'of'ClllT1p1etion'Of', where there is a known defect, the cost of conection, 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. 1 % of the balance of the Contract price. .02 For the purposes of this Contract, where the Work or a substantiat 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_co. -. .a1Co1*11ct-81.1 ._1_ ,"-5 GC 1.<<16 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 th;1n the lesser of, a} 1 % of the Contract price; or b} $1,000. GC 1.07 Final Acceptance .01 Final Acceptance shall be deemed to occur when the Contract Administrator is satisfied that, to the best of the Contract Administrator's knowledge at that time, the Contractor has rectified all imperfect work and has discharged all of the Contractor's obligations under the Contract. GC 1.08 Interpretation of Certain Words .01 ...J)1e words "acceptable", "approvar, "authorized", "considered necessary", "directed", "required", -:~:~satisfactOly", or words of like inport, shalt mean approval of, directed, required,COnsidered . -. necessaI)' or authorized by and acceptable or satisfactory to the Contract Administrator unless the context clearly indicates otherwise. ..4."'.'.." "-II OPScaen...I Co"Me _afConlr8cl.I'pl'......1M I I -. I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I SECTION GC 2.0 - CONTRACT DOCUMENTS GC 2.01 Reliance on Contract Documents .01 The Owner warrants that the information fumished in \he Contract Documents can be relied upon with the following fimitations 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 intel'Jll'lltations of data or opinions expressed in any Subsurface Report available for \he perusal of the Contractor and excluded from the Contract Documents; and c) Other information specifically excluded from \his warranty. GC 2.02 Order of Precedence .01 In the event of any Inconsistency or conflict in the contents of the folloWing documents, such documents shall take precedence and govem in lI1e following order: a) Agreement b) Addenda c) Special Provisions d) Contract Drawings e) Standard Specifications f) Tender g) Supplemental General Conditions h) General Conditions 1) Working Drawings Later dates shall govem within each of the above categories of documents. .02 In \he 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 d'lffer from dimensions scaled from the same drawing; b) Drawings of larger scale shall govem over those of smaller scale; c) Detailed Drawings shall govern over general Drawings: and d) Drawings of a IateI' date shall govem over those of an earner 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 CSA, CGSB, ASTM and ANSI, and referenced in the Ontario Provincial Standard Specifications. .04 The Contract Documents are complementary, and what is required by anyone shall be as binding as if required by all. .' ClP8 0eMNI Coo ..... cI ConlNct.. .\ ,_ 1M "'7 SECTlON GC 3.0 - ADMINISTRATION OF THE CONTRACT GC 3.01 Contract Administratol's Authority .01 The Contract Administrator will be the Owner's represenlative during construction and until the issuance of the Completion Certificate or the issuance of the Final Acceptance Certificate whichever is later. All instructions to the Contractor including instructions from the Owner will be issued by the Contract Administrator. The Contract Administrator will have the authority to act on behalf of the Owner only to the extent provided in the Contract Documents. .02 All claims, disputes and other matters in question relating to the performance and the quality of the Wolf< or the interpretation of the Contract Documents shall be referred to the Contract Administrator. .03 The Contract Administrator will inspect the Wolf< for its conformity with the plans and specifications, a!)d 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 ,~Jump 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 Wolf< 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 Wolf< to establish the date of Substantial Performance of the Wolf< . and/or the date of Completion of the Work. .09 The Contract Administrator Will be. in the first instance, the interpreter of the Contract Documents and the judge of the performance thereunder by both parties to the Contract. Interpretations and deCisions of the Contract Administrator shall be consistent with the intent of the Contract Documents and in making these decisions the Contract Administrator will not show partiality to either party. .~. ~ .10 The Contract Administrator will have the authority to reject part of the Wolf< or Material which does not conform to the Contract Documents. .11 Defective work, whether the result of poor worf<manship, use of defective material, or damage through carelessness or other act or omission of the Contractor and.whether Incorporated in the Wolf< or not, which has been rejected by the Contract Administrator as failing to conform to the Contract Documents shall be removed promptly from the Wolf< 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 Wolf< 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 perfonned and that called for by the Contract AdmInil!b'8tor. .... OPS GenelIIl Con lIIIlana III ConlNcl.llejlllllllel18ll9 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I .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 woric or Material shall not constitute acceptance of defective woric or Material. .15 The Contract Administrator will have the authority to temporarily suspend the Wori< for such reasonable time as may be necessary to facilitate the checking of any portion of the Contractor's construction layout or the inspection of any portion of the Work. There shall not be any extra compensation for the suspension of worK. GC 3.02 Working Drawings .01 The Contractor shall arrange for the preparation of clearly identified and dated Working Drawings as called for by the Contract Documents. .02 The Contractor shall submit Working DrawingS to the ContractAdlTlinistrator with reasonable promptness and in orderly sequence so as to-not cauSe del8y' in thltWolK '-If!lither the 'Contractor or the Contract Administrator so requests they shall jointly preparea-schedule fixing the _dates for submission and return of Working Drawings.. Working Drawings shalkbesubmitted in printed fonn. IV. the time of submission the Contractor shall notify the Contract Admlnlstrator in writing of any deviations from the Contract requirements lhat exist in theWorking 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 contonnity to the- design -concept and for general arrangement only and such review shall not relieve the CoubaCtor of responsibirlly for errors or omissions in the Working Drawings or of responsibility for meeting all requirements of the Contract Documents unless a deviation on the Working Drawings has been approved in writing by the Contract Administrator. .05 The Contractor shall make any changes in Working Drawings which the Contract Administrator may require consistent with the Contract Documents and resubmit unless otherwise directed by the Contract Administrator. When resubmitting, the COub-tu.. shaUnotify the Contract Administrator in. writing "of any revisions other than those requested by the Contract Administrator. .06 Wori< related to the Working Drawings shall not proceed until the Wori<ing Drawings have been signed and dated by the Contract Administrator and marked with the words "Reviewed. Pennission to construct granted.. .07 The Contractor shall keep one set of the'l'eVieWed 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 perfonned by others. .03 Notwithstanding the foregoing, the Contractor shall ensure that all necassary safety precautions and protection are maintained throughout the Work. OPS Oe-.l Cooodlllal. f1I~. ......... I. "'8 GC 3.04 Emergency Situations T. .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 wlll provide baseline and benchmark intomiation for'the genera/location, , .alignment and elevation of the Work. The Owner will be responsible only for the correctness of the ,:i[jformation 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 alan times. .02 The Contractor shall confine his construction operations to the Working Area. Should the Contractor require more space than that shown on the Contract Drawings, the Contractor shall obtain such space al no additional cost to the Owner. .03 The Contractor shall not enter upon or occupy any private properly for any purpose, unless the Contractor has received prior written permission from the property owner. GC3.D7 Extenston of Contract TIme .01 An application for an extension of Contract Tune shall be made in writing by the Contractor to the Contract Administrator as soon as the need for such extension becomes evident and al least 15 Days prior to the expiration of the Contract Tune. The application for an extension of Contract Tune shall enumerate the reasons, and state the length of extension required. .02 ,Circumstances suitable for consideration of an extension of Contract Time. include the following: a) Delays; See subsection GC 3.08. b) Changes in the Work; See clause GC 3.11.01. c). Extra Work; See clause GC 3.11.02. d) Additional Work; See clause GC 3.11.03. .03 The Contract Administrator will, in considering an application for an extension to the Contract Time, take into account whether the delays, Changes in the Work, Extra Work or Additional Work involve a Controlling Operation. .04 The Contract Time shall be extended for such additional time as may be recommended by the Contract Administrator and deemed fair and reasonable by the Owner. .05 The terms and conditions of the Contract shall continue for such extension of Contract Time. ,,-'0 OPS ca.n..lCalIdlllool 01 ~. .Ipltmber'. , I I I I I I I I I I I il I I I I I I I I I I I I I I I I I I I I I I I I I GC 3.08 Delays .01 If the Contractor is delayed in the performance of the Work by. a) war. blockades, and civ11 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 10 the provisions of the Contract Documents; b) a stop work order issued by a court or public authority, provided that such order was nol issued as the result of an act or omission of the ContraCtor or anyone employed or engaged by the Contractor directly or indirecUy; - c)the'ContractAdministrator giving notice under subseclion GC 7.09; Suspension of Work; d) abnormal inclement weather; or . e) 'archaeological finds In acconIance with subsection GC 3.16, Archaeological Finds, then the Contractor shall be reimbursed by the OWner for.reasonablecos1s incurred by.the Contractor as the result of such delay, provided that in the case of an application for an extension of Contract Tillie - due to abnormal- inclIlmeIIlweather;the'_-cc"dlactDrshal~ 'with.the . Contractor's-application, submit evidence from Environment Canada in ,support of suchllpplication.'~ of Contract Tune will be granted in accordance with subsection GC3.07; Elclension of,ContractTune. ---.- .02 If the - Work is delayed - by labour disputes, strikeS orlock-outs- incIudinglock-ouls decreed or recommended to its members by a-recognized contradol's association, of which' the Contractor is a - member or to which the COhbactor Is othelwise bound - which are beyond the CollbaGtor's control, then the -Contract Time shaII"be' extehded' in'acconIancewith'subsecIion-GC' 3007; ,Extension of Contract Time. In no case shaD the extension of Contract Time be less than the time lost as the result of the event causing the delay, unless a shorter extension-is agreed to by the Contractor;. The Contractor shall riot be entitled to payment for costslncuned as the result of . such delays unless such, delays are the result of actions by the Owner. GC 3.09 Assignment of Contract .01 The Contractor shall not assign the Contract, either In whole or in part, without the written consent of the OWner. GC 3.10 Subcontracting by the Contractor . .01 The contractor may sub..uo,bactany part of the Work; subject to these General Conditions and any timitations specified in the Contract Documents. .02 The Contractor shall notify the Contract Administrator. Inwrlting;'of1heintention-to subcontract. Such notification shall identify the part of the Work; and the SUbco..bactor with whom it is intended. .03 The Contract Administratorwm, within 10 DaYlr of receipt of such notificatiOll,"accept or reject the intended SUbcontractor. The rejection will be'in writIng.and wm Include the reasons for the rejection. .04 The contractor shall not, wlthout the written consent of the OWner, change a Sut...v..b..ctor-who has been engaged In acconIance with subsection GC 3.10 Sub..uo ,b lilcIiilg by the Contractor. .05 The Contractor shall preServesnd protect the rights of the parties under the Contract with respect to that part of the Work.to be~ under subcontract and shaD. a) enter Into agreements with the intended SUbcontraclors to require them to perform their work in accordance with the Contract Documents; and b) be as fully responsible to the Owner for acts and omissions of the Contractor's Subcontractors and of persons directly 01" indirectly employed by them as for acts and omissions of persons directly employed by the Contractor. . 0PS~eo.wllIIoI.ofc:onna.8 .U_1_ '"- 11 .06 The Owner's consent to subcontracting by the Contractor shall not be construed to relieve the Contractor from any obfigation 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 GC 3.11.01 Changes 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 WllIk 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 _.TIJe Contractor may apply for an extension of Contract Tl1Tle according to the terms of subsection GC 3:07, Extension of Contract TI1Tle. .03lf.the Changes in the Work relate solely to quantities, payment for that part of the WllIk 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 so/ely 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 TI1Tle and Material Basis. . GC.~.11.o2 . Extra Work .01 The Owner, or Contract Administrator where so authorized, may instruct the Contractor to perform Extra WllIk without invalidating the Contract The Contractor shall not be required to proceed with the Extra Work until in receipt of a Change Directive. Upon receipt of such Change Directive the Contractor shall proceed with the Extra Work. .02 The Contractor may apply for an extension of Contract Time according to the terms of subsection GC 3.07, Extension ofContractTme. .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 Tme and Material Basis. GC 30.1.1.03 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 TI1TlEl according to the terms of subsection GC 3.07, Extension of Contract TI1Tle. .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 TI1Tle and Material Basis. GC 3.12 Notices .01 Any notice permltled or required to be given to the Contract Administrator or the Superintendent In respect of the WllIk 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 mall. "'12 OP8~CO"d.b.oI~.II~1 ..1_ I I. I I I I I I I I ; I I I I I I I I I I , I I I I I I I I I I I I I I I I I .02 The ContraclDr 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 noticepennitted or required to be given to the OWner or the ContraclDr shan be given in . accordance with the notice provision of the Contract. GC3.13 . Use and Occupancy of the Work Prior to Substantial Performance . .01 . Where It is notcOntemplated etsewhere In'the Contract Documents;-theOwner may use or occupy the Wor1< or any part theIeof prior to Substllntial.l'erformance; provided.1hatstleast 30 Days' written notice has been given to the Contractor. .02 The use or occupancy of the Wor1< or any parttheleof by.the Owner priorto1lUbstanIial Performance shaH not constitute an aoceptance of the Work, or parts 60 . occupied. In '-addition, the use or occupancy of the Work shaH not relieve the Contractor or the Contractor's SUrety from any liability . that has arisen, or may arise,fromthe performanceoftheWorldn ac:conlance.withtheContract . Documents. The Owner will be responsible for any damage that occurs because of theOwner's use or occupancy. Such use or occupancy of any part of the Work by the Owner does not waive the 'Owner's rightto'charge.the ContraclDr 'liquidated damages in accordance with the . terms of the Contract. GC 3.14 GC 3.14.01 Claims. Negotiations, Mediation ContInuance of the Work .01 Unless the Contract has' been terminated or completed, the Contractor shall in every case, after serving or receiving anynolificationof a claim or dispute; verbal or written, continue to proceed with the Woll< with dlie 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, 1heContraclDr shall keep Dally Wor1< Records during the course of the Work. sufliclent to substllntiate the Contractor's claim, and the Contract Administrator will' keep Daily Work'Recorr!sto. be used in '9S~~ng'"the ContraclDr's claim, all in accordance with clause GC 8.02.07, Records. .02 The Contractor and the Contract Administrator shall reconcile their respective Daily Woll< Records on a daily basis, to simplify review of the claim, when submitted. .03 The keeping of Daily Wor1< Records by the Contract Administrator or the reconciling of such Daily Wor1< Records with those of the Contractor shall not be construed to be acceptllnce of the claim. , GC 3.14.03 Claims Procedure .01 The Contractor shan 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 shaI provlde written notice in the standard form "Notice of Intent to Claim" within 7 Days of tha commencement of any part of the Wor1< which may be affacted by the situation. OP8GeMr.rCof1~.a .fII~.~."'1_ Page 13 .03 The Con1raclor shall submit detailed daims 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 daim shall: a) identify the item or items in respect of which the daim arises; b) state the grounds, contractual or otherwise, upon which the daim is made; and c) indude the Records maintained by the ContraclDr supporting such daim. In exceptional cases the 30 Days may be increased to a maximum of 90 Days with approval in writing from the Contract Administrator. I .04 Wllhin 30 Days of the receipt of the Contractor's detailed daim, the Contract Administrator may request the Contractor to submit any further and other particulars as the Contract Administrator considers necessary to assess the daim. The Contractor shall submit the requested information within 30 Days of receipt of such request .05 Wllhin 90 Days of receipt of the detailed daim, the Contract Administrator shall advise the Contractor, in writing, of the Contract Administrator's opinion with regard to the validitY of the daim. _. GC3if4.D4 Negotiations ,.~".: .01 The parties shaD make all reasonable effor1s 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 ,c any part of the daim, the Contract Administrator shall enter into negotiations with the Contractor to resolve the matters in dispute. Where a negotiated setIIement cannot be reached and it is agreed that payment cannot be made on a Time and Material basis in accordance with dause GC 8.02.04, Payment on a TIme and Material Basis, the parties shall proceed in accordance with dause GC 3.14.05, Mediation, or subsection GC 3.15, Engineering Arbitration. GC 3.14.05 Mediation .01 If a daim is not resolved satisfactorily through the negotiation stage noted in dause GC 3.14.04, Negotiations, within a period of 30 Days following the opinion given in paragraph GC 3.14.03.05, and . the Contractor wishes to pursue the issue further, the parties may, upon mutual agreement utilize the services of an independent third party mediator. .02 The mediator shall be mutually agreed upon by the Owner and Contractor. .03 The mediator shall be knowledgeable regarding the area of the disputed issue. The mediator shaD ,'!D~ with the parties together and separately, as MCeSssry, 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 meOl8tor process. The cost of the third party mediator shaD be equally shared by the OWner and Contractor. GC 3.14.06 Payment .01 Payment of the dalm will be made no later than 30 Days after the date of rasoIution of the daim or dispute. Such payment will be made according to the tenns of Section GC 8.0, Measurement and Payment P_14 OPS GeneNl Col-... fIl ~. ........_1_ I I I I I I I I I I I I I I I I I I I I I I I I I I I I I Ii I I I I I I I I 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 beoonstrued 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 GC 3.15.01 Engineering Arbitration Conditions for Engineering Arbitration .01 If a claim is not resolved satisfactorily through the negotiation stage noted in dause GC 3.14.04, Negotiations, or the mediation stage noted in clause GC 3.14.05. Mediation, either party may invoke the provisions 'of subsection GC 3,15, Engineering Aibltration. by giving written notice to the other party. .02 Notification that arbitration shall be implemented to resolve the issue shall be.oommunicated in writing as soon as possible and 'nolaterthan"60"Days~foIIowing'ihe-opinion'lllVen in paragraph GC 3.14.03;05. Where the use of a third party'mediator was.impIen1ented:notificationshall 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 ar bib ..tv... .04 The rules and procedures. of the Arbitration Act. 1991. S.O. 1991, c.17. as amended. shalLapply to -any' arbitration conducted hereunder except to the. extent that they are modified, by tt1e express provisions of this subsection GC 3.15, Engineering ArbItration. GC 3.15.02 ArbItration Procedure .01 The following provisions are to be induded in the agreement to arbitrate and are subject only to such right of appeal as exist where the arbitrator has exceededflis or her jurisdiction or have otherwise disqualified him or herself: . a) All existing actions in respect of the matters under arbitrationwlll'be'stayed pending arbitration; b) All outstanding claims and matters to be seUIed 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 Shan confinn 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 UPOll''by1he OWner-and Contractor:1x7adjudicate 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 Contrad nor In either party's business and shall not be employed by either party. .05 The arbitrator may appoint Independent expeltS and any other persons to assist him or her. OPS~CollllUonlfA~.~l_ "'16 .06 The arbitrator is not bound by the rules of evidence which govem the trial of cases in court but may hear and consider any evidence which the arbitrator considers relevant .07 The hearing will commence within 90 Days of the appointment of the arbitrator. GC 3.15.04 Costs .01 The arbitrator's fee shaD 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 mutuaUy 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. ~ii':_",;.q.,._ ~ ._ .04 'The arbitrator may, in his or her disaetion. award reasonable costs, related to the arbitration. GC 3.15.05 , The Decision ~.. .01 The reasoned decision will be made in writing within 90 Days of the conclusion of the hearing. An extension of time to make a decision may be granted with consent of both parties. Payment shall be made in aocordance' with clause GC 3.14.06. Payment GC3.16 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 " ~ork in accordance with clause GC 3.11.02, Extra Work. .-,~~--;- ., ...:,-,... .", Pageltl OPS o.ner.t Cond..... oA ConIr8ct. ...._ ,_ l I I I I I I I I , I I I I I I I I I II I I I I I I I I I I I I I I I I I I GC 4.01 SECTION GC 4.0 . OWNER'S RESPONSIBILITIES AND RIGHTS 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 PennUs .01 The Owner will pay for all plumbing and building permits. .02 The Owner will obtain and pay for all - pennits, licenses and ,celtificates::solely:.required_ _for Project approval, - - GC 4.03 , Managemenfand Disposition of Materials .01' The Owner will identify in the Contract Documents the materials to be moved within or removed from the Working Area, and any characteristics' of those materials which will necessitate special materials management and disposition. " ".02 Inacl::ortlance\'lithTegulationsunder the OCcupational Health end-Safety Act; R:S.O.'1990;c.O.1,. as amended. the Owner advises that a) the designated subslances silica, lead and arsenic are generally present throughout the Working Area occurring naturally or as a result of vehicle emissions; b) the designated subslance asbestos is present in asbestos conduits for utilities; c)' the 'fOllowing hazardous' materials are ,ordinarily present in construction, activities:' limestone, gypsum, marble. mica and PorUand cement; and d) exposure'to these substances may occur as'a result of activities by the Contractor such as sweeping, grinding, crushing, driUing, blasting; eutting and abrasive blasting. .03 The Owner will identify in the Contract' Oocuments any designated subslances or hazardous materials other than those identified above and their location In the Working Area. .04 If the Owner or Co..b....roc discovers or is advised ,.of ,the. presence-,of _designated substances or hazardous, materials which are ,in addition to those listed, In paragraph , GC, 4.03.02, or not clearly - identified in the 'Contract Documentsaccording"1D .paragraph,GC,4;03:03;:then,verbal' notice will be provided to the other party immediately with written confiml8lionwithin 2 Days. The Contractor will stop work in the area 'im/ne(f18tely and will detennine the necessary steps required to complete the work in accordance with applicable legislation and regulation. .05 The Owner will be responsible for any reasonable additional COSts of removing,managing and disposing of any material. not identified in the Contract DoCuments, or where conditions exist that could not have been reasonably foreseen at the time of tendering. All work under this paragraph shall be deemed to,be Extra Work. .06 Prior to commencement of the Work, the Owner will provide to the Contractor a list of those products controlted under the WorltpIace Hazardous Materials Information System or WHMIS, which the Owner will supply or use on the Contract, together with copies of the Materials Safely Data Sheets for these products. All containers used in the application of producls ..o.lbolled under WHMIS shall be labelled. The OWner wlll nolif)' the Co'lb actor in writing of ~ to the list and provkIe relevant Materlal Safety Data Sheets. OP8Genn1~dlConncll.~ 1. "'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 Contractor's chosen method of completing the Work. GC 4.05 Default by the Contractor .01 The Contractor shall be in default of the Contract if, a) the Contractor fails to commence the Work or execute the Work property or otherwise fails to comply with the requirements of the Contract to a substantial degree; or b) if the Contractor is adjudged bankrupt or makes a general assignment for the benefit of creditors because of insolvency or if a receiver is appointed because of insolvency. GC 4,06 Notification of Default .: }~::,i-:;- .,:""i.' .01~Jhe Owner will give written notice of a default to the Contractor as soon as .the Owner becomes aware of the aneged default but failure to give such notice in a timely way shall not constitute condonation of thifaefalJlt.- The notice will include instructions to correct the default within 5 Working Days. GC 4.07 Contractor's Right to Correct a Default .01 The Contractor shall have the right within the 5 full Working Days following the receipt of a notice of default to correct the default and provide the Owner with satisfactory proof that appropriate corrective measures have been taken. .02 If the correction of the default cannot be completed within the 5 full Working Days following receipt of the notice, the Contractor shall not be in default if the Contractor, a) commences the correction of the default within the 5 full Working Days following receipt of the notice; b) provides the Owner with an acceptable schedule for the progress of such correction; and c) completes the correction in accordance with such schedule. GC 4.08 Owner's Right to Correct Default .01 If the Contractor fails to correct the default within the lime specified in subsection GC 4.07, 3~ontractor's Right to Correct a Default, or subsequently agreed upon, the Owner, without prejudice to .a.!lY other right or remedy the Owner may have, may conect 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 Tennination 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, Contractor's Right to Correct a Default, or subsequenUy agreed upon, the Owner, without prejudice to any other right or remedy the Owner may have, may terminate the Contractor's right to continue the Work in whole or in part by giving written notice to the Contractor. .02 If the Owner terminates the Contractor's right to continue with the Work in whole or in part, the Owner will be enlitled to, a) lake 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 Materfai within the Workilg Area which is intended to be IncorpoI8!ed into the Work, the whole subject to the rtght 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; "-18 0P8 o.n..I ~ of ColIInlcl. a.pl....... 1_ I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I d) charge the Contractor the additional cost over the Contract price of completing the Wort< 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 Wort< performed by the Contractor that may be required under subsection GC 7.15, Warranty; 1) 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 Wort< 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 inparUs.1ess than the amount withheld. from' the Contractor. under 'subsection'GC ,4.09,'Termination..of;,:(:ontractoJ's Right to Continue the Work,' the OWner will pay the'llalanceto1he'CutlllactorassoOn'Ss the final accounting for the Contract is complete. GC4.11 Tenninatlon 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. 1erminate. the Contract by glvingwritten notice of termination to the Contractor,the Surety and 'any trustee-or receiver acting on behalf of.the Contractor's estate or creditors. .02 If the OWner elects to terminate the Contract the OWner will provide the Contractor and the trustee or receiver with a complete accounting to the date of termination. GC 4.12 Continuation of Contractor's Obligations .01 The Contractor's obligation under the Contract as to quality; correction and warranty of the WOIk performed prior to the time of termination of the Contract or termination of the Contractor's right to continue with the WOIk in whole or in part shall continue to be in force after such termination. GC 4.13 Use of Perfonnance Bond .01 If the Contractor is in default of the Contract and theCullb.dur'has'provided'a Performance Bond, the provisions of this Section shall be exercised'in accordance with the eonditions of the Performance Bond. 0P8 General eo. ~.....-. of Contrad -I....tl .... 1_ "'18 GC 5.01 SECTION GC 5.0 - MATERIAl Supply of Material .01 All Material necessary for /he proper completion of the WorlI, 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 supptied by /he Contractor shall be new or unless otherwise specified in the Contract Documents. .02 Material supplied by the Contractor shall conform to the requirements of the Contract. .03 "A$ specified or as requested by the Contract AdministJator, the Contractor S~II make available for ".;~pection or testing a sample of any Material to be supplied by the Contractor., ..~ ~.-..... .04 "jThe Contractor shan obtain for the Contract Administrator the right to enter upon the premises of the Material manufacturer" or supplier to cany out such inspection. sampling and testing as specified or a . requested by the Contract Administrator. .05 The Contractor shaD notify the Contract Administrator of the sources of supply sufficiently in advance ",of the Material shipping dates to enable the Conlrad Administrator to perform the required inspection, , sampling and testing. .06 The Owner wiD 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 cany out the required inspection, sampling and testing before the scheduled shipping date. 0", .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~ y.. Rejected Material ~'- .01 R~ected Material shall be removed from the Working Area expeditiously after the notificalion to that e(fect from the Contract Administrator. Where the Contractor fails to comply with such notice /he 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 shan be based only upon supply of the Material so designated, which shaD be regarded as the standard of quality required by the specification. After the acceptance of the Tender, the Contractor may app/y to the Contract Administrator to substitute another Malerialldentified 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. P_20 OPSGenemCao llIlr. ,uIConnct.llopl ......1_ I .' I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I .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 disaetion of the Contract Administrator. .03 If the proposed substitution is approved by the Contract Administrator, the Contractor shall be entiUed to the first $1000 of the aggregate saving in cost by reason of such substitution and to 50% of any additional saving in cost in excess of such $1000. Each such approval shall be conveyed to the . - Contractor in writing or by issuance of a Certificate of Equality on the Owner's standard form of . 'Certification of Equality" and if any adjustment to the Contract price' is made by reason of such substitution a Change Order shall be issued as well. GC 5.05 GC 5.05.01 Owner Supplied Material Ordering of Excess Material .01 Where Material is supplied by the Owner'andwherethisMateriat'is~cirdered~ the Contractor in excess of the amount specified to complete the Work;;:suct\:excess.Material sballbecome the property of the Contractor on completion of the Work and shall be charged to the Contractor at cost plus applicable overheads. GC 5.05.02 Care of Material . .01 ,The Contractor shall, in advance of receipt of shipments of Material supplied by the Owner, provide. . adequate and proper storage facilities acceptable to the Contract Administrator, and on the receipt of ..' such Material shall promptly place it in storage except where it is to be incorporated forlhwilh into the Wor1<. .02 The Contractor shall be responsible for acceptance of Material supplied by the Owner, at the specified delivery point and for its safe handling and storage. If such Material is damaged while . under, the control of the Contractor it shall be replaced or repaired by the Contractor at no eJqIense to the Owner, and to the satisfaction of the Contract Administrator. If such Material is rejected by the Contract Administrator for reasons which are not the fauit of the' Contractor it shall remain In the care and at the risk of the Contractor until its disposition has been determined by the Contract Administrator. .03 Where Material supplied by the Owner arrives at the delivery point in a damaged condition or where there are disaepancies between the quantities received'and.1he:quantities.shown on the bills of lading, the Contractor shall Immediately, report such damage or discrepancies to the Contract Administrator who shall arrange for an' 'Immediate 'inspection "of.:the~shipment and provide the Contractor with a written release from responsibility for such damage or-deficiencies. Where damage or deficiencies are not so reported it will be assumed that the shipment arrived in good order and any damage or deficiencies reported thereafter shall be made good by the Contractor at no extra cost to the Owner. .04 The full amount of Material supplied by the Owner in each shipment shall be accounted for by the Contractor and such Material shall be at the risk of the Contractor after taking delivery. Such Material shall not, except with the written permission of the Contract Administrator, be used by the Contractor for purposes other than the performance of the Work under the Contract. .05 Empty reels, crates, containers and other type of packaging from Material supplled by the Owner shall become the property of the Contractor when they are no longer requined for their original purpose and shall be disposed of by the Contractor unless otheIwise specified In the Contract Documents. 0P8 0eneraI eo. ~Il' no al ~. 8 .1 ,Mr'888 Pege 2' ~... .06 The Contractor shan provide the Contract Administrator, inunediately upon receipt of each shipment copies of bins of lading, or such other documentation the Contract Administrator may require to substantiate and reconcile the quantities of Material received. .07 Where Material supplied by the Owner is ordered and stockpiled prior to the award of the Contract, the Contractor shall, at no extra cost to the Owner, immediately upon commencement of operations, check the Material, report any damage or deficiencies to the Contract Administrator and take charge of the Material at the stockpile site. Where damage or deficiencies are not so recorded by the Contractor it shall be assumed that the stockpile was in good order when the Contractor took charge of it and any damage or deficiencies reported thereafter shan be made good by the Contractor at no extra cost to the Owner. ,....~> ",j . ::..zo. or_to '" :~.t',,,. , "- 22 OP8Genn1Cond_fJlConncl........11llel1l1D8 I. I I I I, I I I I I i I I I I I I I I I I I I I I I I I I I I I I I I I I I I SECTION GC 6.0 -INSURANCE, PROTECTION AND DAMAGE GC 6.01 Protection of Work. Persons and Property .01 The Contractor, the Contractor's agents and all workers employed by or under the control of the Contractor, including Subcontractors, shall protect the WOfk, persons and property from damage or injury, and shall be responsible for all losses and damage which may arise as the result of the Contractor's operations under the Contract unless indicated to the contrary below. .02' The Contractor Is responsible for the full cost of any necessary temporary provisions and the restoration of all damage where the Contractor damages the Work or property In the performance of the Contract. If the Contractor Is not responsible for the damage that occurs to the Work or property the Contractor shall restore such damage, and such work shall be administered according to these General Conditions. .03 The Contractor shall immediately inform the' Contract Administrator of aII"damage and injuries which occur during the term of the Contract. .04 The Contractor shall not be responsible for loss and damage'that Ocx:urs as a result of. a) war; b) blockades and civil commotions; c) errors in the Contract Documents; or d) acts or omissions of the OWner, the Contract Administrator. their.gents and ~. or others not under the control of the Contractor. but within the Working Area with the Owner's permission. .05 The Contractor and his Surety or Sureties shall not be released from any term or provision of any responsibility, obligation or liability under the Contract or waive or impair any of the rights of the Owner except by a release duly executed by the Owner. GC 6.02 indemnification .01 The Contractor shall 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 aleged 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 Iangible property; b) caused by negligent acts or omissions" of the: Contractor or anyone:for:whose acts the Contractor may be liable; and c) made in writing within a period of 6 years from the date of Substantial'Performance of the Work as set out in the Certificate of Substantial Performanoe of the Work or. where so specified In the Contract from the date of certification of Final Acoeplanoe. .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 fumlshed 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. oflioer& and employees from and against aU claims, demands. losses, expenses. costs, damages, actions, suits, or proceedings arising out of the Contractol's performance of the Contract whlch are attributable to a lack of or defect in title or an alleged lack of or defect In tltle to the Working Area. OPSGe-.l Coudlllo4. oI~. 81~1._1_ PtIge 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 Contracto(slnsurance GC 6.03.01 General .01 Without restricting the genercllity 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 ;~ministrator named as additional insureds, with limits of not less than 5 mUrlOn':dollars inclusive per ~rrence for bodily injury, death, and damage to property including loss oruse thereof, with a il.l;9perty damage deductible of not more than $5000. The form of this insurance shall be the Iqsurance Bureau of Canada Form IBC 2100, dated 8-87. . .00+Another form of insurance equal to or better than that required in IBC Form 2100 may be used, provided an the requirements listed in the Contract are included. Approval of this insurance win 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 commencemeni of the Work until 12 months following the date of Substantial Performance of the WOIk, 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 morIths 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 shan submit annually to the Owner, proof of continuation of the completed operations . coverage and if the Contractor fails to do so, the timitation period for claiming indemnity described in paragraph GC 6.02.01 c), will not be binding on the Owner. .05 $llould the Contractor decide not to employ Subcontractors for operations requiring the use of el("plosives for blasting, or pile driving or caisson work, or removal or weakening of support Of property qtitlding or land, IBC Form 2100 as required shall include the appropriate endorsements. 'r$/ tt':.>..r .06 The policies shall be endorsed to provide the Owner with not less than 30 Days' written notice in advance of cancellation, change or amendment restricting coverage. .07 "Claims Made" insurance policies will (1ot be permitted. GC 6.03.03 Automobile Uablllty Insurance .01 AutomobUe tiabllity insurance in respect of licensed vehicles shall have limits of not less than 5 million dollarsJnclusive per occurrence for bodUy 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 amendmeni restricting coverage: a) standard non-owned automobile policy including standard contractual tiabllity endorsement, and b) standard ownel's form autornoblIe policy providing third party liability and accident benefits Insurance and covering licensed vehlcles owned or operated by the Contractor. PetIe 204 OPS ~ CcI1_.d~. ......._1889 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I GC 6.03.04 Aircraft and Watercraft liability Insurance .01 Airaaft and wateraaft liability insuranoe with respect to owned or non-owned airaaft and watercraft if used directly or indirectly in the perfonnance of the Work, including use of additional premises, shall be subject to liniits of not less than 5 miBion dollars inclusive per occunenoe for bodily injury, death, and damage to property including loss of use thereof, and limits of not less than 5 million dollars for airaaft passenger hazard. . Such insuranoe shall be in a form ac:c:eptable to the Owner. The policies shan 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 GC 6,03.05.01 Property and Boller Insurance Property Insurance . . .01 ' All risks property insurance shan be in the name of the.Contractor+,withJhe.Qwner,and the Contract Administratornarned. as ,additional insureds,insuring'not.:less:.lhan'"the';sum.'Ofthe.amount of the Contract price and the full value, as may..bestaled-.in.tbe..5uppiemeDlal;GeneraL,Conditions, of 'Material that isspec:ified to be provided :by:the'Owner;:for.iinc:orporation:lnto.theWork, with a deductible not exceeding 1 % of the amount insured at the site of the Work, This insuranoe shall be in .; atorm ac:c:eptable to the Owner and shaH be maintained continuously until.10 Days.after.the date of F"mal Acceptance of the Work, as set out in the F"tnaI Acc:eptanoe Certificate. . GC 6.03.05.02 Boller Insurance '.0.1 "Boiler inSUranoe insuring' the interests of the Contractor, the Owner:and the Contract Administrator for not less than the replacement value of boilers and pressure vessels. forming part of the Work, shall be in a form ac:c:eptable to the Owner. This insuranc:eshaU be maintained continuously from commencement of use or operation of the property insured until 10 Days after the date of F"mal Acceptance of the Work, as set out in the Final Acceptance Certificate. GC 6.03.05.03 . . Use and Occupancy of the Work'Priorfo Completlon .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.Contrac:tor of the. intended purpose and extent of such use or oc:c:upancy. 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 insuranoe, which shall be at the Owner's expense. If because of such use or occupancy the Contractor is unable to provide coverage, the Owner upon written notice from. the.Contractor:and prior.to:suc:b; use or occupancy shall provide, maintain and pay for property andboiler,insuranoe insuring ltKl full value of the 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 ,premiums applic:ableto the Contrac:to(s policies upon termination of coverage. .02 The policies shall provide that, in the event of a loss or damage, payment shall be made to the Owner and the Contractor as their respective interests may appear. The Contractor shall act on behalf of both the Owner and the Contractor for the purpose of adjusting the amount of such loss or damage payment with the insurers. When the extent of the loss or damage is determined the Contractor shall proceed to restore the Work. Loss or damage shall not affect the rights and obligations of either party under the Contract except that the Contractor shall be entitled to such reasonable extension of Contract Time relative to the extent of the loss or damage as the Contract Administrator may decide In consultation with the Contractor. OPS o-..J Co..~"~" ot~. ....k"w ,. Pege 25 GC 6.03.05.04 Payment for Loss or Damage .01 The Contractor shaa be entiUed to receive from the Owner, in addition to the amount due under the Contract, the amount at which the OWner's interest in restoration of the Work has been appraised, such amount to be paid as the restoration of the Work proceeds and in accordance with the requirements of Section GC 8.0, Measurement and Paymenl In addition the Contractor shall be enliUed to receive from the payments made by the insurers the amount of the Contractor's interest in the restoration of the Work. .02 The Contractor shall be responsible for deductible amounts under the policies except where such amounts may be excluded from the Contractor's responsibility by the terms of this Contract. .03 In the event of a loss or damage to the Work arising from the action or omission of the Owner or others, the Owner shall pay the Contractor the cost of restoring the Work as the restoration of the Work proceeds and in accordance with the requirements of Section GC 8.0, Measurement and Paymenl GC 6.03.0& Contractor's equipment Insurance .01 All risks Contractor's equipment insurance covering construction machinery and equipment used by the Contractor for the perfonnance of the Work, including boiler insurance on temporary boilers and pressure vessels. shall be in a form acceptable to the Owner and shall not allow subrogation claims by the insurer against the Owner. The policies shaft be endorsed to provide the Owner with not less than 30 Days' written notice in advance of cancellalion, change or amendment restricting coverage Subject to satisfactory proof of financial capabUity by the Contractor for self-insurance of the Contractor's Equipment, the Owner agrees 10 waive the equipment insurance requirement, and for the purpose of this Contract, the Contractor shall be deemed 10 be insured. This policy shall be amended 10 provide permission for the Contractor 10 grant.prior releases with respect to damage 10 the Contractor's Equipment GC 6.03.07 Insurance Requirements and Duratton .01 Unless specified otherwise the duration of each insurance policy shall be from the date of commencement of the Work unlil10 Days after the date of Final Acceptance of the Work, as set out in the Final Acceptance Ce.lir.....te. .02 The Contractor shall provide the Owner. on a form acceptable to the Owner, proof of insurance prior 10 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 unde!wriler 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 compfetion of renewal. .05 Unless specified otherwise the Contractor shall be responsible for the payment of deductible amounts under the policies. .06 If the Contractor falls 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 10 provide and maintain such insurance and give evidence thereof 10 the Co..b -tu.. The Owner's oost thereof shall be payable by the Contractor to the Owner on demand. P_:ze OPS GenenII Cooldlllooll III ~. ....._ ,_ I I I I I I I I I I I I I I I I I I I I I I I I I ! I I I I I I I I I I I I I .07 If the Contractor fails to pay the cost of the insurance placed by the Owner within 30 Days of the date on which the OWner made a fonnal 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 bya 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 ~ ~1Ilone III CanInIcI. Sapia_I. "- 27 SECTION GC 7.0 - CONTRACTOR'S RESPONSIBILmES AND CONTROL OF THE WORK GC 7.01 General .01 The Contractor warrants that the site of the Wall< has been visited during the preparation of the Tender and the character of the Wall< and all local conditions which may affect the performance of the Wall< are known. .* .02 The Contractor shall not commence the Wall< nor deliver anything to the Woll<ing Area until the , Contractor has received a written order to commence the Work, signed by the Contract Administrator. 'P-'-:". .03 The Contractor shall have complete control of the Work and shall effectively direct and supervise the Wall< 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. ':t:r",," ~ .04 The Contractor shall have the sole responsibiUty for the design, erection, operatiOn, maintenance and , .rl}!11oval of temporal}' structures and other temporary facilities and the design and execution of L~struction methods required in their use. .0S<'Notwithstanding paragraph GC 7.01.04, where the Contract Documents Include designs for temporary structures and other temporary facilities or specify a method of construction in whole or part, such facBities and methods shaD be considered to be part of the design of the Work, and the Contractor shall not. be held responsible for that part of the design or the specified method of construction. The Contractor shall, however, be responsible for the execution of such design or specified method of construction in the same manner that the Contractor is responsible for the execution of the Work. ..-': .06 The Contractor shall execute the terms of the Contract in strict compliance with the requirements of the Occupational Health and Safety Act, R.S.O. 1990, c.O.1 (the "Act") and Ontario Regulation 213/91 (which regulates Construction Projects) and any other regulations under the Act (the "Regulations; which may affect the performance of the Work, as the "constructor" or "employer", as defined by the Act, as the case may be. The Contractor shall ensure that a) wor1<er safety is given first priorjty in planning, pricing and performing the Work; b) its officers and supervisory employees have a wor1<ing knowledge of the duties of a "constructor" and "employer" as defined by the Act and the provisions of the Regulations applicable to the Work, and a personal commitment to comply with them; c), a copy of the most current version of the Act and the Regulations are available at the Contracto~s .office within the Working Area, or, in the absence of an office, in the possession of the supervisor . <Jesponslble for the performance of the Wall<; . ,d):YIorkers employed to carry out the Wall< possess the knowledge, skills and protective devices . . required by law or recommended for use by a recognized industry association to allow them to woll< 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 Sub..u.,b ..ctors and their employees are properly protected from injury while they are at the woll< 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 Wall< 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 woll<er 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. '"- 28 OP8~Coo iAllc"of.~-8",~,"f'_ I. .1. I I I. I I I I I , I I I I I I I I I I I I I I I I I I' I I I I I I I I I I I .08 Prior to commencement of the Work the Contractor shall provide to the Contract Administrator a list of those products controUed 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 whUe any work is being performed, to act for or on the Contractor's behalf. Prior to commencement of construction, the Contractor shall 'notify the Contract Administrator of the names; 'addresses.. positions and telephone numbers of. the Contractor's representatives who can be contacted at any time to deal with matters relating to the Contract . .10 The Contracto(shall,'-at no' additional cost to the Owner, fumish all reasonable aid.. facilities and assistance'required by the Contract Admlnistrator:forthe1l'Oper' inspection ,and examination of the Work or the taking of measurements for the purpose d. payment . ' _ .11 The Contractor shall prepare, and update as required, a .constructionscheclulelndicating the timing of the major and critical activities of the Work.'The schedule.shall be designed to ensurecontbimity with the specified Contract Time. The schedule shall be submitted to the Contract Adl1)inistrator within 14 Days from the date of the Contract award. . .12 Where the Contractor finds any error, Inconsistency or omission relating to the Contract, the "" Contractor shall prompUy.report it to the Contract Administrator and shall not proceed with the activity affected untilreceivingdireclion 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 ub1ities by the Contractor's forces during constnJction . if the stake out locations are within 'the' toterances given in' paragraph GC 2.01.01 a). GC 7.02 Layout .01 ,Prior to commencement of construction, the Contract Administrator and the Contractor will locate on site those property bars, baselines and benchmarks which are necessary to delineate the Working Area and to layout the Work, aU as shown on the Contract Drawings. .02 The Contractor shall be responsible for the preservation of allproperty-barS'while the Work is in progress, except those property barswhlch. must be removecUo.facilltate.the Work. Any other property bars distUrbed, damaged or removed by the Contractor's operations .Shan be replaced by an Ontario Land Surveyor, at the Contractor's expense. .03 At no extra cost to the Owner,the Contractor shall provide the Contract Administrator with such materials and devices as may be necessary to layout the baseline and benchmarks, and as may be necessary for the inspection of the Work. .04 The Contractor shall provide qualified personnel to lay out and establish all lines and grades necessary for construction. The Contractor shall notify the Contract Administrator of any layout work carried out, so 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 alignmant and grade sheets to the Contract Administrator. . OPSQenoqlCoo ~~"...oI~,Slplll..I...1," P8ge 28 .06 The Contractor shall assume full responsibility for alignment elevations and dimensions of each and aU parts of the WoI1t, regardless of whether the Contraclo!'s layout work has been checked by the Contract Administrator. .07 All slakes, marks and reference points provided by the Contract Administrator shall be carefully preselVed by the Contractor. In the case of their destruction or removal as a result of the Contractor's operations, such stakes, marks and reference points will be replaced by the Contract Administrator at the Contractor's expense. -:.....,... GC7.03 Dal1lllge 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 dir:ection of the Contract Administrator. and at no extra cost to the Owner. make changes or :;$ijbslitutions for such vehicles or equipment and shall alter loadings, or in some other manner \~ove the cause of such damage to the satisfaction of the Contract Administrator. ' .""", GC 7.04 Exc: ess Loading of Motor Vehicles .01 ;'Where a vehicle is haufing Material for use on the Work, in who/e 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.S, 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 shaft bear the onus of weighing disputed loads. GC 7.05 Condition of the Worldng 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 .:J'ifContractor shall not be required to maintain a road through the Working ~ until such time as lhe 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 tor 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. "- 30 0P8 Genelal ec._. 01 Connct - 8eple.1lber189ll I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I r .05 The Contractor shall maintain, in a satisfactory condition for traffic, a road through the Wor1<ing Area, at the Owner's expense. The road through the Wor1<ing Area Will include any detour constructed in accordance With the Contract Documents or required by the Contract Administralor. Compensation for all labour, equipment and materials 10 do this work shall be at the Contract prices appropriate 10 the work and, where there are no such prices, at negotiated prices. NotWithstanding the foregoing, the cost of blading required 10 maintain the surface of such roads and detours shall be deemed 10 be included in the prices bid for the various tender items and no additional payment will be made, .06 'Where work underthe.Contract is discontinued for any extended period including seasonal shutdown, .the Contractor shall. when directed by the Contract AcIministralor, open and place the' Roadway and detours in a passable, safe and satisfactory condition tor public travel. .07 Where the Contractor constructs a detour which is. not specffically provided. for in the Contract. Docuinents; or required by the' Contract'Administralor,the construction of the delour and, if required, the subsequent removal shall be performed at the'. Contractor's expeose....The detour shall be constructed and maintained IostruCtui1iI' 'lIIi'd'ileometricstaI'ldaR:lsdlP~ by .the Contract Administrator. Removal and siterestoration:shal(';be.performed.:ascdiriCted by the Contract Administralor. .08 . Where, With the Prior written approval of the Contract Administralor, the Highway is closed and the 'traffic diverted entirely off the Highway 10 anYOlher Highway, the Contractor shal~ at no extra cost 10 the Owner,supply, 'erect and maintain traffic control devices in accordance With the MUTeD. .09 Compliance With the foregoing provisions shall in no way relieVe the Contractor of obrlgationsunder " subsectionGC'6.01;'ProtecIion .ot'Work,Persons'and"Property, dealing With the Contractor's responsibRity tor damage claims, except for claims arising on sections of Highway within the Wor1<ing 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 10 the Owner, a) adequate pedestrian and vehicular access; and b) continuity of UtJTIty services 10 properties adjoining the Wor1<ing Area, .02 The Contractor shall provide at aU times and at no extra cost 10 the Owner access 10 fire hydrants, and water and gas valves located in the Wor1<ing Area. .03 Where any interruptions in the supply of, Utility services' are 'required.andiare authorized by the Contract AcIministralor, the Contractor shall give the affected property owners notice in accordance With subsection GC 7.11, Notices by the Contractor, and shall arrange such interruptions so as 10 create a minimum of interference 10 those affected. GC 7.08 Approvals and Permits .01 Except as specified in subsection GC 4.02, Approval and Permits, the Contractor shaft obtain and pay for any permits, licenses" and certificates which at the date of tender closing, are required tor 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. OPe GenelW CondIIIol. ct ~ .........Lb.. 1M p..,.al ---- 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~ese 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 ',rr .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 . ;.~ Contractor or of anyone direcUy employed or engaged by the Contractor"the Contractor may, ,Without prejudice to any other right or remedy the Contractor may have, by giving the Owner written .~, 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 contracl1I8l obligations if. a) the Contract Administrator falls 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 10 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 7_11 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. P.32 0P8 o.-.l Co.odlliOl. <IA Contnct. Sl"IJ ._1888 I ,I I I I I I I I I I I I I I I I I 1 ~ I I I I I I I I I I I I I I I. I I I I GC7.12 Obstructions .01 Except as otherwise noted in these General Conditions, the Contractor assumes all the risks and responsibilities arising out of any obstruction encountered in the performance of the Work and any traffic conditions, including traffic conditions on any Highway or road . giving access to the Working Area caused by such obstructions, and the Contractor shall not make any claim against the Owner for any loss, damage or expense occasioned thereby. .02 Where the obstruction is .a Utirlty 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 descnbed 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 isthe'.Contractor's'responsibilily;.to;amsult;with Utility companies . or other appropriate authorities for .further:informationin .regaaLto.the ,exact.'IoC8tion .of these Utilities, . to exercise theneeessary C8Je In construclion'operations;"8nd-m1ake'such'Oltier.precautions as are neeessery to safeguard the Utility from damage. GC 7.13 Umltations of Operations .01 Except for such work as maybe required by the Contract Administrator to maintain the Work ina safe and satisfactory condition, the Contractor shaD 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 Cornpletion1l!1til.the.Contraclor has removed surplus materials, tools, construction machinery and"equipmenl The Contractor shall also have removed debris, other than that caused by the Owner, or others. . GC 7.15 Warranty .01 The Contractor shall be responsible for the proper performance of the Work only to the extent that the design and specifications permit such performance. .02 Subject to the previous paragraph the Contractor shall correct promptly, at no additional cost to the OWner, defects or deficiencies in the Work which appear, a) prior to and during the period of 12 months from the date of SUbstantial Performance of the Work, as set out in the Certificate of Substantial Performance of the Work, b) where the work is completed after the date of Substantial Performance, 12 months after Completion of the Work, c) where there is no Certificate of Substantial Performance, 12 months from the date of Completion of the Work as set out In the Completion Certificate, or 0P8 _ ~ olCOnlnlcl. s.,Ao.._1- ... 33 d) such longer periods as may be specified for certain Materials or some of the Work. The Contract Administrator will prompUy 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. ."-. ~.~ '4~ .:~:.,.~.-.. ',,);,- '~"--,' .-~~' ~'.~"" ....-.. ~--.. "- 34 OPS aen-I Cooldlllanl oJ ~. 81.1 .IM 11m I .1 I I I I I . I .. I I I I I I I I I I I I I I I I I I I I I I I I I I I I SECTION GC 8.0 - MEASUREMENT AND PAYMENT GC 8.01 GC 8.01.01 Measurement 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 perfonned since the Contractor commenced the Contract, 'and every subsequent estimate; except the final one, will be of the quantity of Work perfonned since the preceding estimate was made. The ConllaclAdministrator will provide the copy of each estimate to the Contractor within 10 Days of the Cut-otf Date. . '.02 . Such quantities for prcgresspayments' shall be construed and held to approximate. . The final .. quantities for the issuance of the Completion CertifiGate shall be based on the measurement of Work . completed. .03 MeasUrement of the quantities of theWorlcperfonned;willbe'either;by~Measurement or by Plan 'Quantity principles as indicated 'in 1l1e'Contract:,~Adjl.t.J\utll1ts,torf>larreuantity measurements 'will normally be rTladeusing Plan Quantity1l/inciples but may, where' approjlriate,be made using Actual Measurements. Those'items kleirtifiedon1heTenderbythenotation (P) in 'the unit column "'shall be paid according'to thef'lan Quantity.lternswhere the noiation (P) does not occur shall be ' paid according to AcluaI 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 shatl proceed to do the Work and/or supply the Material required to complete the tender item and payment win be made for the actual amount of Work done and/or Material supplied. at the unit prices stated in the Tender except as provided below: . a) .In the case of a Major Item where the quantity of Work perforlned and/or Material supplied by the Contractor exceeds the tender quantity by more than 15%, eilherparty to the Contract may make a written request to the other party to '. negotiate a revised unit price for that portion of the Work performed and/or'Material supplied which exceeds 115% of the tender quantity; The negotiation shall be carried out as soon as reasonably possible. Any revision of the unit price shall be based on the reasonable cost of doing the Work and/or supplying the Material under the tender item plus a reasonable allowance for profit and applicable overhead. b) In the case of a Major Item where the'quantity'ofWork'perfonnedandlor-Material supplied by the Contractor is less than 85% of the tender'quantity, the Contractor may make a written request to negotiate for the portion of the actuahoverheads'and, fixed ;COSts,applicable to the amount of the underrun in excess of 15% of the tender quantity; For purposes of the-negotiation, the overheads and fixed costs applicable to the item are deemed to have been prorated uniformly over 100% of the tender quantity for the item. Overhead costs shall be confirmed by a statement certified by the Contraclor's senior financial officer or auditor and may be audited by the Owner. Alternatively, where both parties agree, an allowance equal to 10% of the' unit price on the amount of the underrun in excess of 15% of the tender quantity will be paid. Written requests for compensation must be received no later than 60 Days after the issuance of the Completion Certificate. GC 8.02 GC 8.02.01 Payment Price for Work .01 Prices for the Work shall be full compensation for all labour, Equipment and Material required in its performanoe. The term "an labour, Equipment and Material" shatllnclude Hand Tools, supplies and other incidentals. 0P8 0eMlWI CondIIol.1II ConIr8cl- 8eI*o.... 1_ P8ge 35 . ... . .02 Payment for work not specifically detailed as part of any one item and without specified details of payment will be deemed to be included in the items with which it is associated. GC 8.02.02 Advance Payments for Material .01 The Owner will make advance payments for Material intended for incorporation in the Work upon the written request of the Contractor and according to the following tenns 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' shan be assessed at the rate of 60% of the Contract price. (2) Coarse and fine aggregates for hot mix asphaltic concrete, surface treatment and Portland cement concrete shall be assessed at the rate of 25% of the Contract price for each aggregate stockpiled. . ~ii. . Commercial Sources -~~- .'. Payment for separated coarse and fine aggregates will be considered at ~e above rate when """7} . such materials are stockpiled at s commercial source where further proceSsing Is to be carried out before incorporalihg such materiais Into a final product AdvanCe payments for other materials located at a commercial source will not be made. ." c) Payment for all other materials, unless otherwise specified elsewhere in the Contract, shall be based on the invoice price, and the Contractor shall submit proof of cost to the Contract Administra10r before payment can be made by the Owner. d) The payment for an 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 C"ub aGb.n' 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 shaft not constitute acceptance of the Material by the Owner. Acceptance ~I only be determined when the material meets the requirements of the appropriate specification. GC 8.02.03 CertificatIon and Payment r GC 8.ci2~03.01 Progress Payment Certificate .01 The value of the Work performed and Material supplied will be calculated once a month by the Contract Administrator in accordance with the Contract Documents and . clause GC 8.01.01, Quantities. .02 The progress Payment Certificate will show, a) the quantities of Work performed; b) the value of Work performed; c) any advanced payment for Materials; d) the amount of statutory holdback, liens, Owner's set-off; e) the amount of OOT as applicable; and f) the amount due the COhbactor. Page 36 OPS 0MeNl eoo_. oI~. ~,lbeC 1_ I. , I- I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I .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..()ff 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 requiredinspeclion and testing of the works covered by the subcontract have been carried out and the results are satisfactory. . . .03 The 'ContractAdministrator will set out in lheCertificate ofSubcontract.Completion the date on which the subcontract was completed and within70ays"of;the date:the;sutxx.'lh..ct.js certified.complete, the Contract Administrator will give a copy'ofthe:certificate'1o..the~ContractoMlnd;to the Subcontractor concemed. GC 8.02.03.03 Subcontract Statutory Holdback Release Certlficateand Payment .01 FoUowing' receipt of the Certificate of Subcontract Completion, the Owner will release and pay the Contractor the statutory holdback retained in respect of thesubcontracl. .Such relea$e shall be made - 46 Days after the-date the subcontract-was certified complete and providing ; the Contractor,. submits the following to the Contract Adminislralor: a) a doaJmentsatisfactory to the Contract Administrator that will release the OWner from all further claims relating to the subcontract, qualified by stated exceptions such as holdback monies; b) evidence satisfactory to the Contract Administrator that the Subcontractor has discharged all liabilities incurred in carrying out the subcontract; c) a satisfactory clearance certificate or letter from the Workplace Safety and Insurance Board relating to the sub..v.dlco<.l; and . . d) a copy oftheeontractbetween.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 specificaUy requests it. .03 Upon receipt of the statutory holdback. the Contractor "ShaII-forlhwilhgive; -the Subcontractor the payment due under the sub..v.lbcn.l .04 Release of statutory holdback by the OWner in respect of a- subcontract shall not relieve the Contractor, or the Contractor's Surety, of any of their responsibUities. GC 8.02.03.04 CertIfication of Substantial Perfonnance .01 Upon application by the Contractor and where the Contract has been substantially performed the Contract Administrator will Issue a Certilicate of Substantial Performance. .02 The Contract Administrator will set out in the Certificate of Substantial Performance the date on which the Contract was substantially performed and within 7 Days after signing the said certificate the Contract Administrator will provide a copy to the Contractor. .03 Upon receipt of a copy of the Certificate of Substantial Performance, the Contractor shall forthwith, as required by Section 32(1) Paragraph 5 of the Construction LIen Act, R.S.O. 1990, c.C.3O, as amended, publish a copy of the certificate in a construction trade newspaper. Such publication shall Include placement In the Daily Commen:lal HeM. OPS o..w eo._ ofConncl. 81.~..b.f 1l1ll8 ... 37 .04 Where the Contractor fails 10 publish a copy of the Certificate of Substantial Perfonnance as required above within 7 Days after receiving a copy of the certificate signed by the Contract Administrator, the Owner may publish a copy of the certificate at the Contractor's expense. .05 Except as otherwise provided for in Section 31 of the Construction Lien Act, the 45-day lien period prior to the release of holdback as referred to in clause GC 8.02.03.05, Substantial Perfonnance 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-S.02.03.05 ." Substantial Perfonnance Payment and Substantial Perfonnance Statutory Holdback Release Payment Certificates .01 When the Contract Administrator issues the Certificate of Substantial Perfonnance the Contract - - Administrator will also issue the Substantial Perfonnance Payment Certificate and the Substantial f'erfonnance Statutory Holdback Release Payment Certificate or where appropriate, a combined ,~nt certificate. : ....:..~-_...'. . .:'~ f. .02:~ Substantial Performance Payment Certificate will show, "ii)"'thevalue of Work performed to the date of Substantial Perfonnance; _ b) the value of outstanding or incomplete Work; 'c) the amount of the slatutoly holdback, anowing tor any previous releases of slatutoly 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 pertorTnance Statutory Holdback Release Payment Certificate wlll be a payment certificate releasing to the Contractor the statutory holdback due In respect of Work perfonned up to the date of Substantial Perfonnance. Payment of such slatutoly 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 tonowing documents: a) a release by the Contractor in a tonn satisfactory to the Contract Administrator releasing the Owner from all further claims relating to the Contract, qualified by stated exceptions such as outstanding work or matters arising out of subsection GC 3.14, Claims, Negotiations, Mediation; b) a statutory declaration In a tonn satisfactory to the Contract Administrator that allliabUities incurred :iitby the Contractor and the Contractor's Subcontractors in carrying out the Contract have been , (fisCharged except for statutory hold backs properly retained; c) a satisfactory Certificate of Clearance from the Workplace Safety and Insurance Board; and '~proof of publication of the Certificate of Substantial Performance. .~,.. GC 8.02.03.06 Certification of Completion .01 Upon application by the Contractor, and when the Contract reaches Completion, the Contract Administrator will issue a Completion Certificate. .02 The Contract Administrator will set out In the Completion Certificate the date on which the Work was completed and within 7 Days of signing the said certificate the Contract Administrator will provide a copy to the Contractor. ;;c,:' ! Page. OPS 0erMnl ColldlUol.. 0/ Connd. Slpll_ tggg ... t .1" I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 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. GC 8.02.03.07 .02 The Completion Payment certificate will show, a) measurement and value ofWolk at Completion; . b) the amount of the further statutory holdback based on the value of further WOIkcompleted over and above the value of WOIk completed shown in the Substantial Performance Payment certificate . referred to above; and c) the amount due the Contractor. .03 The Completion Statutory Holdback ReIease.::.PaymenLCertifICateJ.wil,I:'Pe::a. payment .cei1ificate . releasing to the Contractor'the' further statUtorY b6ldbaclO 'PaymentoLsuch.:stiltutory holdback shall . be due 46 Days after the date of CompletioniOf.the,Work:as~;by_~pletion.Certificate but subject to the provisions of the Construction UenAct.end.1he1SUbmission1!Y,the Contral:tor of the . following documents: a) a release by, the ContJactor in a form satisfactory to the Contract Administrator releasing the Owner from all further claims. relating to the. Contract, qualified by stated. exceptions where appropriate; . b) a statutory declaration in a form satisfactory to the Contract Administrator that all liabilities Incurred ." by the Contractor and the. Contractor's SUbcontraCtors In canying out the. Contract have been discharged,quarlfied by stated exceptions where appropriate; and c) a satisfacto'Y 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 entiUed to receive interest on the outstanding payment at the Rateof'Interest,:ifpayment:is not received on the dates set out below: a) Progress Payment Certificates: 30 Days afterthe Cut-Off Date; b) Certificate of Subcontract Completion:' 30 Days after the date ,certified as 'the date on which the subcontract was completed; c) Subcontract Statutory Holdback Release Payment certificate: 76 Days after the date on which the subcontract was completed; d)' SUbstantial Performance Payment certificate: 30 Days after the'date of issuance of the certificate. e) Substantial Performance Statutory Holdback Release Payment Certificate: 76 Days after publication of the Payment certificate of Substantial Performance; 1) Completion Payment CertIficate: 30 Days after the date certified as the date on which the Contract reached Completion; g) Completion Statutory Holdback Release Payment certificate: 76 Days after the date certified as the date which the Work was completed. .02 If the Contractor has not complied with the requirements of the Contract, Including aU documantation 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 0enlnI Cond....... oI~. 8~..._,_ P8ge 38 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 timils 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 setlfed 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. .00;~re. a Contractor fails to comply with the 3O-day time limit and the procedures presaibed in .,. ~tag(Bph GC 3.14.03.03 for submission of claims, Interest shall not be paid for the delay period. -,~.. . - '.>.:....-.-- ~-. GC 8.:02:03;11 Owner's Set-otf .01 c Pursuant to Section 12 of the ConstnJction Lien Act, the OWner may retain from monies owing to the Contractor under this Contract an amount sufficient to cover any outstanding or disputed liabilities including the cost to remedy deficiencies, the reduction in value of substandard portions of the Work, claims for damages by third parties which have not been determined in writing by the Contractor's Insurer, undetenmlned claims by the Owner under paragraph GC 8.01.02.01 a), any assessment due the Workplace Safely 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 GC8~:01 Payment on a TIme and Material Basis Definitions , .01 For.1he 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 cosIs ineulTed 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 supptied from stock, and valued at current market prices, for the purpose of carrying out Extra Work, by the Contraclllr, 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 tha equipment and for which the rent or lease Includes the cost of the operator. "- 40 OPS GenelIlI Co"dlllo". ol Conlrac:I. ........... 18811 .. I '. I I I. I I I I ,I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 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 Conlraclllr's nonnallabour costs. Rented Equipment: means equipment that is rented or leased for the special purpose of Work on a Time and Material Basis from a person, firm or corporation that is not an associate of the lessee as defined by the Securities Act, R.S.O. 1990, c.S.5, as amended, and is approved by the Contract Administrator. Road Work: means the preparation,construction, finishing and construction maintenance ofroads.- 'streets; highYiays and parking lots and includes all work incidental thereto other than work on structures. Sewer' andWatennain Work: means the preparation, construction, finishing and construction 'maintenance'of sewer systems and watermain systems, and includes aU work incidental thereto other than work on structures. Standby'TIme:'means antperiod of lime Which.is.not:conSidered WOrklng,"'~dwhich together with the Working Tme does not exceed 10 hoOrS:in'.any;one>Working:Oay;and",dulirig'which time a unit of ,equipment cannolpractically be used onother.!NOlk'bul.must:remaln:orr..tbe,;ite:in;orderto.continue with 'its'assigned 'laskand during which time the unit is in fully operable eondition. Structure Work: means the construction, reconstruction, repair, alteralion, remodelling, renovation or ,- demolition of any bridge, building, tunnel or retaining wall and includes the preparation for and the laying of the foundation of any'bridge, building, tunnel or 'retaining YiaU 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 Induding Model and Specification Reference. which is current at the time the work is carried out or for equipment which is not so listed, the rate which has been calculated by the Owner, using the same principles as used in determining The 127 Rates. Work on a'TIme -and MaterIal Basis: means Changes in the Work, Extra Work and Additional Work approved by the Contract Administrator for paynienton a Tme and Material 'basis. The Work on a Time and Material Basis shall be subject to all the terms, eondilions, specifications ,and provisions of the Contract. Working TIme: means each period of time during which a unit of ,equipment is, actively and of necessity engaged on a specific operation and the first 2 hours of each. immediately following period during which the unit Is not so engaged but during which the operation.is,otherwtse:proceedillgand 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 Isina fully operable condition. " . . , GC 8.02.04.02 DailY Work Records .01 Daily Work Records prepared as the case may be by either the Cor ,b ....-tu,'s representative or the , Contract Administrator and 'reporting the labour and Equipment employed and the Material used on each TIl11e and Material project. shall be reconciled and signed each day by both the Contractor's representative and the Contract Administrator. GC 8.02.04.03 Payment for Work .01 Payment as herein provided shall be full compensation for all labour, Equipment and Material to do the Work on a Time and Material Basis except where there is agreement to the contrary prior to the commencement of the Work on a Time and Material Basis. The payment adjustments on a Tme and Material basis shall apply to each individual Change Order authorized by the Contract Administrator. OPS ~ CondllIona.- Conlr8ct.........., t88ll Pege4t GC 8.02.04.04 Payment for Labour .01 The Owner will pay the Contractor for labour employed on each Tme and Material project at 135% of the Cost of labour up to $3000, then at 120% of any portion of the Cost of Labour in excess of $3000. .02 The Owner will make payment in respect of Payroll Burden for Work on a Time and Material Basis at the Contractor's actual cost of Payroll Burden. .03 At the Owner's discretion, an audit may be conducted in which case the actual Payroll Burden so determined shall be applied to all Tme 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 "4Ostof the Material up to $3000, then at 115% of any portion of the Cost of Material in excess of .;'~OO. . ":m;' GC '8:112:04.06 .\<;;;,<0, ,. Payment for equIpment GC 8.02.04.06.01 Working Time .01 The Owner will pay the Contractor for the Working Tune of all equipment other than Rented Equipment and Operated Rented Equipment used on the Work on a Tune and Material basis at The 127 Rates with a cost adjustment as follows: a) Cost $1 0,000 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 Tune of Rented Equipment used on the Work on a TlI1le 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 Tune 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;02104:06.02 )\;" 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 Tune 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 retum. "- .2 OPS ~ ~ oIConncI. SeI*o,lller 1199 I . .1 I I I I. I I I I I I' I I I I I I I I I I I I I I I I I I I I I I I I I I .04 When Equipment is transported, solely for the purpose of the Work on a Time and Material Basis. to or from the Working Area on a Time and Material basis, payment will be made by the Owner only in respect of the transporting units. When Equipment is moved under its own power it shall be deemed to be working. The method of moving Equipment and the rates shall be subject to the approval of the Contract Administrator. GC 8.02.04.07 Payment for Hand Tools .01 Notwithstanding any. other provision of this Section, .no .payment shall be .made to.the.Contractor for or in respect of Hand Tools or equipment that are tools of the trade. GC 8.02.04.08 Payment for Work By Subcontractors . .01 Where the Contractor arranges for Work on a.Time and Material Basis,or.a part of it, to be perfonned by Subcontractors ,on ..a.TIIl1e' and.,Material .,basis-,.and....has~ived.applP,V.8l,.prior to the .. 'commencement .of.'such'.work:~in accordance witI1=.lbe"requinlmellts~ubseclion." GC 3.10, . SubContracting bytheContractor;'theOwner will paythe'COSto'of.,Woi-k.on.s'Rune,and-lMaterial Basis by1he Subcontractor calculated-asif the .Contractor had'donetbe.WorIwlR..ai1Jme;an<l.Material 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. ,00-No further mar1<up\\lill be applied regardless.of.the extent towhich.the work is assigned or. sublet to '. others. If work is';ilssignedor,sublet-.to an.asscx:iWl,.asdefinedby.the. Securities,Act no markup whatsoever will be appflecl. . . . GC 8.02.04.09 Submission of Invoices ,01 . At. the start of the Work'on a Time and Material Basis, the Contractor .shall .provide. the applicable. . labour and Equipment rates notalready submitted to.the Contract Administrator during the course of such work. ,02 .Separat&summariesshaU be'completed by.the Contractor according to thestan~rd tenn..Summary . . for Payment of Accounts on a Tme.and Material BasIs",. Each summary shall include ,the order number and covering dates of the work and shall itemize separately labour, Materials and Equipment .Invoicesfor Materials, Rented Equipment and other charges incurred by the Contractor on the Work on a Time and Material BasIs shl;IlI be included with eachsummary,.."..,... ,," .. . "~'"c" ....,. :03 Each month.the.ContractAdministratorwiU include. with the.lTlQllthly,~~~Il,l,~te, the costs of the WOrk on a Time and Material Basis incurred during' the preceding month all in . accordance with the contract administrative procedures and the Contractor's invoice of the Wor1< on a Time and Material Basis. .04 The final .SummarY for Payment of Accounts on a Tune and Material Basis" shall be submitted by the Contractor within 60 Days after the completion of the Work on a Time and Material Basis. GC 8.02.05 final Acceptance Certificate .01 After the acceptance of the Wor1< .the Contract Administrator will issue the Final AcCeptance Certificate. or, whele applicable. after the Warranty Period has expired. The Final Acceptance Certificate will not be Issued until aU known deficlencIes have been adjusted or corrected. as the case may be. and the Contractor has discharged all obligations under the COntract. OPS General ConcOOona 01 Connd. ~_ ltl91l pege 43 GC 8.02.06 Payment of Workers .01 The Contractor shall, in addition to any fringe benefits, pay the workers employed on the Work in accordance with the labour conditions set out in the Contract and at intervals of not less than twice a month. .02 The Contractor shall require each Subcontractor doing any part of the Work to pay the workers employed by the Subcontractor on the Work in accordance with paragraph GC 8.02.06.01. .03 Where any person employed by the Contractor or any Subcontractor or other person on the Work is paid less than the amount required to be paid under the Contract, the Owner may set off monies in accordance with clause GC 8.02.03.11, Owner's Set-Off. GC 8.02.07 Records .01 The Contractor shall maintain and keep accurate Records relating to the Work, Changes in the Work, Extra Work and claims arising therefrom. Such Records shall be of sufficient detail to support the total cost of the Work, Changes in the Work, and Extra Work. The Contractor shall PreselVe all such . original Records until 12 months after the Final Acceptance Certificate is issued or until all claims have been setUed, whichever is longer. The Contractor shall require that SubContractors employed by the Contractor preserve aU 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 DaDy Work Records shan 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 lIdditional 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 shan 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 cornmocfrties or the provision of such services is carried out by the Contractor or a Subcontractor, are subject to a claim or benefit as detailed above. Services in the latter context means the supply and operation of equipment, the provision of labour and the supply of commodities, which do not form part of the Work. Page 44 OPS.o-fII ConclItlona d Conb8Ct. Seplember 1_ .~I , -1 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I GC 8.02.09 Liquidated Damages .01 When tiquidated damages are specified in the Contract and the Contractor fails to complete the Work in accordance with the Contract, the Contractor shall pay such amounts as are specified in the Contract Documents. OPS Qenof8I CondtUonI at Con\reGt. ~ 1m Pille 45 ,-