HomeMy WebLinkAbout2005-113
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW 2005- 113
Being a By-law to authorize a contract between the
Corporation of the Municipality of Clarington and Miwel
Construction Limited, Stouffville, Ontario, to enter into
agreement for the Station Street Reconstruction, Orono.
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, Miwel Construction Limited, Stouffville, 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
13
day of
13
day of
June
,2005.
June
~ ~ - y ~.
By-law read a third time and finally passed this
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CORPORATION OF
THE MUNICIPALITY OF CLARINGTON
STATION STREET RECONSTRUCTION
CONTRACT NO. CL2005-13
APRIL 2005
~~
architects
planners
TSH No. 12-29191
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AGREEMENT
THIS AGREEMENT made in quadruplicate
BETWEEN: MIWEL CONSTRUCTION LIMITED
of the Regional Municipality of York and Province of Ontario
hereinafter called the "Contractor"
THE PARTY OF THE FIRST PART
-and-
THE CORPORATION OF THE MUNICIPALITY OF CLARlNGTON
hereinafter called the "Pnrchaser"
THE PARTY OF THE SECOND PART
WITNESSETH, that the party of the first part, for and in consideration of the payment or
payments specified in the tender for this work hereby agrees to furnish all necessary machinery, tools,
equipment, supplies, labour, and other means of construction and, to the satisfaction of the Engineer, to do all
the work as described hereafter, furnish all the materials except as herein otherwise specified, and to complete
such works in strict accordance with the plans, specifications and tender therefore, all of which are to be read
herewith and form part of this present agreement as fully and completely to all intents and purposes as though
all the stipulations thereof have been embodied herein.
Page 1 of 3
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DESCRIPTION OF THE WORK AND LIST OF DOCUMENTS
Station Street Reconstruction, Contract No. CL2005-13, Municipality of Clarington
Addendum No. I dated April 29, 2005
Addendum No.2 dated May 5, 2005
Addendum No.3 dated May 6, 2005
A. TENDER FORM: General
Itemized Bid
Bonds
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: Drawings No. I - IS, W-I to W-5 and Ll and L2
H STANDARD SPECIFICATIONS: It shall be the Contractor's responsibility to obtain the applicable
edition of the following Ontario Provincial Standard Specifications and Region of Durham Standard
Specifications revised March 2004.
OPSS No. Dale OPSS No. Dale OPSS No. Dale
127 Current 351 Sept. 1996 410 Anril 1999
128 Current 353 Sept. 1996 501 Feb. 1996
201 Nov. 2003 355 Sept. 1996 506 Nov. 2001
206 Nov. 2000 405 Feb. 1990 510 April 2003
310 Nov. 2002 407 Nov. 2001 511 Nov. 2001
314 Dec. 1993 408 Nov. 2001 570 AUl!. 1990
571 Nov. 2001
H. GEOTECHNICAL INVESTIGATION (Borehole Logs)
1. GENERAL CONDITIONS: OPS General Conditions of Contract (September 1999)
All Plans and Documents referred to in the Specifications.
The Contractor further agrees that he will deliver the whole of the works completed in
accordance with this agreement on or before the expiration of...!!!- working days from the date of
commencement.
IN CONSIDERATION WHEREOF said party of the second part agrees to pay to the
Contractor for all work done, the unit prices on the Tender.
This agreement shall enure to the benefit of and be binding upon the heirs, executors,
administrators and assigns of the Contractor and on the heirs and successors of the Purchaser.
Page 2 of3
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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 MIWEL CONSTRUCTION LIMITED
in the presence of
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Date '
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SIGNED and sealed by the Purchaser
THE CORPORATION OF THE MUNICIPALITY OF
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in the presence of
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P/2919I1SpecslAGR.doc
Page 3 of 3
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I CONTRACT NO. CL2005-13
MUNICIPALITY OF CLARINGTON
I
STATION STREET RECONSTRUCTION
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I ADDENDUM NO.3
Contractors are hereby advised of the following modification to Contract No. CL2005-l3
I
1. ITEMIZED BID
I Part 'A' - Roadworks and Storm Sewers
I Add the amount of 5,000.00 (dollars) in the "Total" column for this Item:
Item Spec. Description Unit Quantity Unit Total
,I No. Price
32 SP Miscellaneous Works LS 5,000.00
I
I All tenders must be submitted on the basis of this modification.
I This Addendum shall remain attached to and form part of all tenders submitted.
I TSH
I Engineers Architects Planners
513 Division Street
Cobourg, Ontario K9A 5G6
I May 6, 2005
P:\29191\Spec:s\ADD3.doc
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CONTRACT NO. CL2005-13
MUNICIPALITY OF CLARINGTON
STATION STREET RECONSTRUCTION
ADDENDUM NO.2
Contractors are hereby advised of the following modification to Contract No. CL2005-13
1. INSTRUCTIONS TO TENDERERS
Page I
General
Tenders will be received until "2:00:00 P.M.. LOCAL TIME. MONDAY. MAY 9. 2005"
2. ITEMIZED BID
Part 'B' - Watermain and Appurtenances
Add the following Item:
Item RMDSS Description Unit Quantity Unit Total
Price
3.02.02 Trench Restoration - 2.0 m Wide
a) Under Existing Roadway m 246
b) Topsoil and Sod m 15
c) Gravel m 10
d) Concrete m 5
e) Asphalt m 10
3. SPECIAL PROVISIONS - TENDER ITEMS
Part 'B' - Watermain and Appurtenances
Add the following Item:
TRENCH RESTORATION - ITEM NO. 3.02.02
Payment shall be made under this Item for the permanent restoration of surfaces disturbed by the
watermain installation.
Reference: Contract Drawings
Include: .1 Surface restoration on Church Street, Princess Street and Station Street North. Surface
restoration on Church Street, Princess Street and Station Street North for watermain
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CONTRACT NO. CLZOOS-13
MUNICIPALITY OF CLARINGTON
STATION STREET RECONSTRUCTION
20f2
ADDENDUM NO.2
installation shall be from limits of road construction to limits of watermain, mainline and
service installation and shall include for;
a) Under Existing Roadway
300 mm Granular 'B' and 150 mm of Granular 'A'.
b) Topsoil and Sod
Nursery sod laid on a minimum depth of 100 mm of topsoil.
c) Gravel
Gravel surfaces in entrances shall be restored with 200 mm of Granular' A'.
d) Concrete
Private concrete sidewalk shall be restored with 100 mm of concrete to match
existing walkway width.
e) Asphalt
Asphalt in private entrances shall be restored with 50 mm ofH.L.-3A on 200 mm
of Granular 'A' base.
All tenders must be submitted on the basis of this modification.
This Addendum shall remain attached to and form part of all tenders submitted.
TSH
Engineers Architects Planners
513 Division Street
Cobourg, Ontario K9A 5G6
May 5, 2005
P:\29191\Spees\ADD2.doc
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CONTRACT NO. CL2005-13
MUNICIPALITY OF CLARINGTON
STATION STREET RECONSTRUCTION
ADDENDUM NO.1
Contractors are hereby advised of the following modification to Contract No. CL2005-13
INSTRUCTIONS TO TENDERERS
Page 1
General
Tenders will be received until "Mondav. Mav 9. 2005"
All tenders must be submitted on the basis of this modification.
This Addendum shall remain attached to and form part of all tenders submitted.
TSH
Engineers Architects Planners
513 Division Street
Cobourg, Ontario K9A 5G6
April 29, 2005
P:\29191\Specs\ADD1.doc
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PROJECT:
AUTHORITY:
CONTRACT ADMINISTRATOR:
TENDERER:
TENDERS RECEIVED BY:
PI29191/Spew'20S41. n-SignDocs.doc
TENDER FOR CONTRACT NO. CL2005-13
STATION STREET RECONSTRUCTION
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
TOTTEN SIMS HUBICKI ASSOCIATES
ENGINEERS, ARCHITECTS and PLANNERS
513 DIVISION STREET
COBOURG, ONTARIO. K9A 5G6
Telephone: 905-372-2121 Fax: 905-372-3621
MIWEL CONSTRUCTION LIMITED
Name
P.O. Box 1269
Stouffville. Ontario L4A 8A2
Address (include Postal Code)
Tel: 905-888-5270 Fax: 905-888-5271
Telephone and Fax Numbers
Wayne Bruce
Name of Person Signing
Construction Manal!er
Position of Person Signing
Ms. Patti Barrie, Clerk
Corporation of the Municipality of Clarington
40 Temperance Street
Bowmanville, Ontario
LIC 3A6
Page I of 12 pages
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TENDER CONTRACT NO. CL2005-13
To: The Mayor and Members of Council
Corporation of the Municipality of Clarington
Re: Contract No. CL2005-13
Station Street Reconstruction
Dear Sir or Madam:
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 12 pages
I
ITEMIZED BID CONTRACT NO. CL2005-13
I In accordance with the first paragraph of this Tender, the Contractor hereby offers to complete the work specified for
Contract No. CL2005-13 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
RMDSS Regional Municipality of Durham Standard Specifications
I
I PART 'A': ROADWORKS AND STORM SEWERS
1 201 Clearing and Grubbing LS 1,287.00 1,287.00
I 2 201 Earth Excavation (Grading) m3 3,905 10.38 40,533.90
SP (P)
I 3 310 Hot Mix H.L.-3 (Entrances) t 75 78.40 5,880.00
SP
I 4 310 Hot Mix H.L.-3 (Surfacing t 380 67.84 25,779.20
SP Boulevards and Streets)
5 310 Hot Mix H.L.-8 t 500 57.49 28,745.00
I SP
6 310 Asphalt Gutter m 700 18.88 13,216.00
I SP
7 353 Granular 'A' or Crushed Stone for m2 620 20.91 12,964.20
SP Entrances
I 8 314 Granular' A' t 2,500 15.97 39,925.00
SP
I 9 314 Granular 'B', Type I t 4,300 9.98 42,914.
SP
I 10 351 Concrete in Sidewalk m2 325 45.31 14,725.75
SP
11 355 a) Interlocking Brick Pavers m2 36 63.28 2,278.08
I SP
b) Salvage and Relay Brick m2 4 64.35 257.40
Pavers
I 12 353 Concrete Curb and Gutter (All m 865 39.25 33,951.25
SP Types)
I 13 405 100 mm Perforated Corrugated m 710 11.80 8,378.00
SP Pipe Subdrain with Geotextile
14 410 300 mm Dia. PYC SDR 35 Storm m 158 185.15 29,253.70
I SP Sewer Leads, Incl. Excavation,
Embedment and Native Backfill
I 15 410 375 mm Dia. CP Storm Sewer m 57 185.90 10,596.30
SP Class 50-0, Incl. Excavation, Class
'B' Bedding and Native Backfill
I Page 3 of 12 pages
I
ITEMIZED BID CONTRACT NO. CL2005-13
I In accordance with the first paragraph of this Tender, the Contractor hereby offers to complete the work specified for
Contract No. CL2oo5-13 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
(Pl Plan Quantity Payment Item
RMDSS Ree:ional Municipality of Durham Standard Specifications
I
16 407 a) 600 mm x 600 mm Precast ea 12 1,716.00 20,592.00
I SP Catchbasin (C-104)
b) Install Salvaged Catchbasins ea 2 1,254.83 2,509.66
I 17 407 600 mm x 1200 mm Twin Inlet ea 3 2,543.97 7,631.91
SP Catchbasin (C-105)
I 18 407 1200 mm Dia. Precast Maintenance ea 3 4,608.18 13,824.54
SP Hole (C-101)
I 19 407,510 Break into Existing Maintenance ea 1 1,215.50 1,215.50
SP Holes and Catchbasins
20 408 a) Adjust Maintenance Hole and ea 4 321.75 1,287.00
I SP Catchbasins
b) Rebuild Maintenance Hole and ea 2 589.88 1,179.76
Catchbasins
I 21 501 Water for Compaction and Dust m3 375 8.58 3,217.50
Suppression
I 22 506 Calcium Chloride Flake kg 4,700 0.75 3,525.00
23 SP Sawcutting m 260 4.29 1,115.40
I
24 510 Remove Asphalt Pavement (Full m2 2,618 2.68 7,016.24
I SP Depth)
25 510 Sidewalk Removal m2 258 12.01 3,098.58
SP
I 26 510 Removal of Curb and Gutter m 56 1O.Q2 561.12
SP
I 27 510 Removal of Culverts and Sewers m 39 15.02 585.78
SP
28 510 Removal of Catchbasins ea 7 375.38 2,627.66
I SP
29 570,571 Topsoil (Imported) and Sod m2 1,700 4.83 8,211.00
I SP (Nursery, Unstaked)
30 RMDSS Adjust Valve Boxes ea 1 134.06 134.06
I 31 SP Provisional Item m3 40 42.90 1,716.00
HL-8 Blend Clear Stone Bedding
with Geotextile
I Page 4 of 12 pages
I
ITEMIZED BID CONTRACT NO. CL2005-13
I In accordance with the first paragraph of this Tender, the Contractor hereby offers to complete the work specified for
Contract No. CL2OO5-13 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
RMDSS Regional Municipality of Durham Standard Specifications
I
32 SP Miscellaneous Works LS 5,000.00 5,000.00
I
33 570 Supply and Installation of Plants
I SP
a) Acer x freemanii (Autumn Blaze ea 3 394.68 1,184.04
Red Maple), 60 mm W.B.
I b) Corylus colurna (Turkish ea 2 394.68 789.36
Hazel), 60 mm W.B.
c) Gleditsia triacanthos 'Skyline' ea 4 394.68 1,578.72
I (Skyline Locust), 60 mm W.B.
d) Amelanchier grandiflora ea 6 362.51 2,175.06
I (Serviceberry), 50 mm W.B.
e) Syringa reticulata 'Ivory Silk' ea I 351. 78 351. 78
I (Ivory Silk Treet Lilac), 50 mm
W.B.
g) Viburnum lentago ea 5 351. 78 1,758.90
I (Nannyberry), 50 mm W.B.
h) Gleditsia triacanthos 'Sunburst' ea 2 394.68 789.36
(Sunburst Honeylocust), 60 mm
I W.B.
i) Cotinus coggygria 'Royal ea 1 53.63 53.63
Purple' (Royal Purple Smoketree),
I 80 cm pot
j) Euonymus alatus 'Compactus' ea 3 42.90 128.70
I (Dwarf Burning Bush), 50 cm pot
k) Hydrangea arborscens ea I 32.18 32.18
'Annabelle' (Annabelle
I Hydrangea), 50 cm pot
I) Hydrangea paniculata ea 1 32.18 32.18
I 'Grandiflora' (Peegee Hydrangea),
50 cm pot
m) Magnolia stellata 'Royal Star' ea 1 321.75 321.75
I (Royal Star Magnolia), 175 cm
W.B.
I n) Physocarpus opulifolius 'Monio' ea I 32.18 32.18
(Diablo Ninebark), 60 cm pot
0) Rosa 'Bonica' (Bonica Rose), 40 ea I 32.18 32.18
I cmpot
Page 5 of 12 pages
I
ITEMIZED BID CONTRACT NO. CL2005-13
I In accordance with the first paragraph of this Tender, the Contractor hereby offers to complete the work specified for
Contract No. CL2005-I3 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
RMDSS Re~ional Municipality of Durham Standard Specifications
I
p) Spiraea x bumalda 'Goldflame' ea 1 32.18 32.18
I (Goldflame Spirea), 50 cm pot
q) Ajuga replans 'Bronze Beauty' ea 17 16.09 273.53
I (Bronze Beauty Bugleflower), 10
cmpot
r) Arabis caucasia 'Snow Cap' ea 11 19.31 212.41
I (Rock Cress), 15 cm pot
s) Cerastiurn tomentosurn 'Silver ea 12 19.31 231. 72
I carpet' (Snow-In-Summer), 15 cm
pot
t) Echinacea purpurea (Purple ea 10 19.31 193.10
I Coneflower), 15 cm pot
u) Geranium 'Johnson's Blue' ea 20 19.31 386.20
I (Johnson's Blue Geranium), 15 cm
pot
v) Hemerocallis 'Catherine ea 3 19.31 57.93
I Woodbury' (Catherine Woodbury
Daylily), 15 cm pot
I w) Hemerocallis 'Stella D'Oro' ea 10 19.31 193.10
(Stella D'Oro Daylily), 15 cm pot
x) Heuchera micrantha ea 12 19.31 231. 72
I 'Brenningham Bronze'
(Brenningham Bronze Coral Bells),
I 15 cm pot
y) Heuchera sanguinea ea 23 19.31 444. I3
'Chatterbox' (Chatterbox Coral
I Bells), 15 cm pot
z) Liatris spicata 'Kobold' (Kobold ea 14 19.31 270.34
I Blazing Star), 15 cm pot
aa) Lupinus 'Russell Hybrids' ea 30 19.31 579.30
(Mixed Lupines), 15 cm pot
I bb) Miscanthus' Purpurescens' ea 3 19.31 57.93
(Purple Maiden Grass), 15 cm pot
I cc) Pennisetum alopeduroides ea 3 19.31 57.93
(Fountain Grass), 15 cm pot
I Page 6 of 12 pages
I CONTRACT NO. CL2005-13
ITEMIZED BID
I In accordance with the first paragraph of this Tender, the Contractor hereby offers to complete the work specified for
Contract No. CL2005-13 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
RMDSS Regional Municipality of Durham Standard Specifications
I
3.02.02 Trench Restoration - 2.0 m Wide m 246 32.01 7,874.46
I a) Under Existing Roadway
b) Topsoil and Sod m 15 21.45 321.75
I c) Gravel m 10 32.18 321.80
d) Concrete m 5 150.15 750.75
I e) Asphalt m 10 64.35 643.50
I 3.02.04 Remove Existing Valve Box ea 4 132.99 531.96
3.02.05 Remove Existing Valve and Box ea I 166.24 166.24
I 3.02.06 Concrete Plug in Abandoned Pipe ea 6 132.99 797.94
I 3.02.14 Stone for Extra Depth Bedding (HL m3 100 42.90 4,290.00
8 Blend Clear Crushed Stone with
Geotextile)
I 3.03 RMDSS Valves
SP
I 3.03.02 150 mm Gate Valve and Box as per ea 7 1016.73 7,117.11
S-408
3.04 RMDSS Hydrants
I SP
3.04.01 New Hydrant with Storz Pumper ea 3 4129.13 12,387.39
I Nozzle as per S-409
3.04.03 Temporary Flushing Hydrant ea 2 1569.42 3,138.84
I 3.04.05 Remove and Salvage Existing ea 3 831.19 2,493.57
Hydrant Complete with Concrete
Plugs
I 3.05 RMDSS Services (Not Including
SP Restoration)
I 3.05..01 19 mm Main Stop ea 25 . 203.06 5,076.50
3.05.02 25 mm Main Stop ea 3 218.07 654.21
I 3.05.06 19 mm Curb Stop and Box ea 25 190.37 4,759.25
3.05.07 25 mm Curb Stop and Box ea 3 213.96 641.88
I Page 8 of 12 pages
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ITEMIZED BID
CONTRACT NO. CL2005-13
In accordance with the first paragraph of this Tender, the Contractor hereby offers to complete the work specified for
Contract No. CL2005-13 for the following unit prices.
Spec. No.
SP
(1')
RMDSS
The numbers in this column refer to the applicable issue of the Ontario Provincial Standard Specifications
Refers to Special Provisions
Plan Quantity Payment Item
Regional Municipality of Durham Standard Specifications
3.05.12 25 rom Dia. Copper Pipe
3.06 RMDSS Test Points
SP
3.06.01 19 rom Dia. Test Point as per S-429
3.11 RMDSS Temporary Water Supply
SP
3.11.01 Provisional Item
Temporary Water Supply to
Residences
3.40 RMDSS Misce11aueous Items
SP
3.40.02 Excavate for Utility Verification
m
60
88.76
ea
2
525.53
1,051.06
ea
28
697.13
19,519.64
ea
2
643.5
1,287.00
Total Part B (carried to Summary)
191,876.58
PART 'C': GENERAL ITEMS
8.01 RMDSS ContractA~arorsFreld
SP Office
8.01.01 Supply and Maintain Field Office
8.02 RMDSS Contractor Documentation
SP
8.02.01 Bonds, Insurance and Maintenance
Security
8.03 RMDSS Mobilization and Traffic Control
SP
8.03.01 Mobilization and Demobilization
8.05.01 SP Pre-Condition Survey
LS
6,435.00
6,435.00
LS
15,015.00
15,015.00
LS
8,580.00
8,580.00
LS
6,697.76
6,697.76
Total Part C (carried ro Summary)
36,727.76
Page 9 of 12 pages
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ITEMIZED BID
CONTRACT NO. CL2005-I3
In accordance with the first paragraph of this Tender. the Contractor hereby offers to complete the work specified for
Contract No. CL2005-13 for the following unit prices.
Spec. No.
SP
(P)
RMDSS
The numbers in this column refer to the applicable issue of the Ontario Provincial Standard Specifications
Refers to Special Provisions
Plan Quantity Payment Item
Regional Municipality of Durham Standard Specifications
SUMMARY -
Total Part A - Roadworks and Storm Sewers
Total Part B - Watermain and Appurtenances
Total Part C - General Items
409,611. 75
191,876.58
36,727.76
Total (excluding GST)
GST (7% of Total)
638,216.09
44,675.13
Tenderer's GST Registration No. 103719746RP
PI291911Specs129191-1temBkI.s_.xh
Page 10 of 12 pages
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AGREEMENT TO BOND (to be comDleted bv Bondin!! ComDanv)
CONTRACT NO. CL2005-13
Bond No.: 81935441-481
WE, the Undersigned, HEREBY AGREE to become bound as Surety for
MIWEL CONSTRUCTION LIMITED
in a Performance Bond totalling ONE HUNDRED PERCENT (100%) of the Total Tender amount, and a Labour
and Material Payment Bond totalling ONE HUNDRED PERCENT (100%) of the Total Tender amount, and
conforming to the Instruments of Contract attached hereto, for the full and due performance of the works shown
or described herein, if the Tender for Contract No.CL2005-13 is accepted by the Authority.
IT IS A CONDITION of this Agreement that ifthe above mentioned Tender is accepted, application
for a Performance Bond and a Labour and Material Payment Bond must be made to the Undersigned within TEN
(10) DAYS of Notice of Contract Award, otherwise the Agreement shall be null and void.
DATED AT Toronto
this
6th
day of Mav
2005
Chubb Insurance ComDanv of Canada
Name of Bonding Company
Brent McAllister
Signature of Authorized Person
Signing for Bonding Company
(BONDING COMPANY SEAL)
Attornev-in-Fact
Position
(This Form shall be completed and attached to the Tender Submitted).
Page II of 12 pages
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I SCHEDULE OF TENDER DATA CONTRACT NO. CL2005-13
The work specified in the Contract shall be performed in strict accordance with the following Schedule:
I A. TENDER FORM: General Pages I and 2
Itemized Bid Pages 3 to 10
I Agreement to Bond Page II
Schedule of Tender Data Page 12
B. STANDARD TERMS AND CONDITIONS
C. INSTRUCTIONS TO TENDERERS Pages I to 5
I D. SPECIAL PROVISIONS - GENERAL Pages I to 14
E. SPECIAL PROVISIONS - TENDER ITEMS Pages I to 14
F. STANDARDS
I G. PLANS: Drawings No. 1- 15, W-I to W-5 and Ll and L2
H STANDARD SPECIFICATIONS: It shall be the Contractor's responsibility to obtain the applicable
edition of the following Ontario Provincial Standard Specifications and Region of Durham Standard
I Specifications revised March 2004.
OPSS No. Date OPSS No. Date OPSS No. Date
I 127 Current 351 Seot. 1996 410 Aoril 1999
128 Current 353 Seot. 1996 501 Feb. 1996
201 Nov. 2003 355 Sept. 1996 506 Nov. 2001
206 Nov. 2000 405 Feb. 1990 510 Aoril 2003
I 310 Nov. 2002 407 Nov. 2001 511 Nov. 2001
314 Dec. 1993 408 Nov. 2001 570 Au!!. 1990
571 Nov. 200 I
I H. GEOTECHNICAL INVESTIGATION (Borehole Logs)
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.
I Yes X No
I By my/our signature hereunder, I/we hereby identify this as the Schedule of Tender Data, Plans and
Specifications, for Contract No. CL2005- I 3, executed by me/us bearing date the n day of ~ 2005
and we have fully read all related documents to tender data as listed above.
I SIGNATURE: ~!<!:S - POSITION Construction Manager
NAME OF FIRM MIWEL CONSTRUCTION LTD. (COMPANY SEAL)~
I Privacy Lee:islation
Federal legislation governs the collection and use of personal information from individuals. We represent and warrant to the owner that.we
I 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
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
I administration, for contact purposes.
This is Page 12 of 12 Pages to be submitted as the Tender Submission for Contract No. CL2005-13.
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CORPORATION OF THE MUNICIPALITY OF CLARINGTON
CONTRACT NO. CL2005-13
STANDARD TERMS AND CONDITIONS
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STANDARD TERMS AND CONDITIONS
The Municipality ofClarington'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 20,
"Workplace Hazardous Materials Information System (WHMIS)".
PI2919JlSpecsrl084J-T&C.dor.:
STANDARD TERMS AND CONDITIONS
l.
DEFINITIONS
Municipality - The Corporation of the Municipality ofClarington, 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 a1ter.tions, the
document and addenda, the bid, and surety.
Subcontractor - A person, firm or corporation having. contract with the company for, or any part of, the
work.
Document - The document(s) issued by the Municipality in response to which bids are invited to perform the
work in accordance with the specifications contained in the document.
Bid - An offer by a Bidder in response to the document issued by the Municipality.
Work - All labour, materials, products, articles, fixtures, services, supplies, and acts required to be done,
furnished or performed by the company, which are subject to the Contract.
2.
SUBMISSION OF BID
Bid invitation shall be in accordance with the Municipality of Clarington Purchasing By-law #94-129 and will
apply for the calling, receiving, and opening of bids. The Municipality will be responsible for evaluating bids,
awarding and administering the contract in accordance with the Purchasing By-law.
The bid must be submitted on the form(s) and in the envelope supplied by the Municipality unless otherwise
provided herein. The envelope must not be covered by any outside wrappings, i.e. courier envelopes or other
coverings.
The bid must be signed by a designated signing officer of the Bidder.
If a joint bid is submitted, it must be signed on behalf of each of the Bidders.
The bid must be legible, written in ink, or typewritten. Any form of erasure, strikeout or over-writing must be
initialled by the Bidder's authorized signing officer.
The bid must not be restricted by a covering letter, a statement added, or by alterations to the document unless
otherwise provided herein.
Failure to return the document or invitation may result in the removal of the Bidder from the Municipality's
bidder's list.
A bid received after the closing date and time will not be considered and will be returned, unopened.
Should a dispute arise from the terms and conditions of any part of the contract, regarding meaning, intent or
ambiguity, the decision of the Municipality shall be final.
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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 Bidders 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.
CLARIFICA nON OF THE DOCUMENT
Any clarification of the document required by the Bidder prior to submission of its bid shall be requested
through the Municipality's contact identified in the document Any such clarification so given shall not in any
way alter the document and in no case shall oral arrangements be considered.
Every notice, advice or other communication pertaining thereto will be in the form of a written addendum.
No officer, agent or employee of the Municipality is authorized to alter orally any portion of the document
5.
PROOF OF ABILITY
The bidder may be required to show, in terms of experience and facilities, evidence of its ability, as well as
that of any proposed subcontractor, to perform the work by the specified delivery date.
6.
DELIVERY
Unless otherwise stated, the work specified in the bid shall be delivered or completely performed by the
Company as soon as possible and in any event within the period set out herein as the guaranteed period of
delivery or completion after receipt of a purchase order therefor.
A detailed delivery ticket or piece tally, showing the exact quantity of goods, materials, articles or equipment,
shall accompany each delivery thereof. Receiving by a foreperson, storekeeper or other such receiver shall not
bind the Municipality to accept the work covered thereby, or the particulars of the delivery ticket or piece tally
thereof.
Work shall be subject to further inspection and approval by the Municipality.
The Company shall be responsible for arranging the work so that completion shall be as specified in the
contract.
Time shall be of the essence of the contract
STANDARD TERMS AND CONDITIONS (continued)
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7.
PRICING
Prices shall be in Canadian Funds, quoted separately for each item stipulated, F.O.B. destination.
Prices shall be fino for the duration of the contract.
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Prices bid must include all incidental costs and the Company shall be deemed to be satisfied as to the full
requirements of the bid. No claims for extra work will be entertained and any additional work must be
authorized in writing prior to commencement. Should the Company require more information or clarification
on any point, it must be obtained prior to the submission of the bid.
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Payment shall be full compensation for all costs related to the work, including operating and overhead costs to
provide work to the satisfaction of the Municipality.
All prices quoted shall include applicable customs duty, excise tax, freight, insurance, and all other charges of
every kind attribu1llble to the work. Goods and Services Tax and Provincial Sales Tax shall be extra and not
shown, unless otherwise specified herein.
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If the Bidder intends to manufucture or fabricate any part of the work outside of Canada, it sball arrange its
shipping procedures so that its agent or representative in Canada is the importer of record for customs
purposes.
Should any additional tax, duty or any variation in any tax or duty be imposed by the Government of Canada
or the Province of Ontario become directly applicable to work specified in this document subsequent to its
submission by the Bidder and before the delivery of the work covered thereby pursuant to a purchase order
issued by the Municipality appropriate increase or decrease in the price of work shall be made to compensate
for such changes as of the effective date thereof.
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8.
TERMS OF PAYMENT
Where required by the Construction Lien Act appropriate monies may be held back until 60 days after the
completion of the work.
Payments made hereunder, including final payment shall not relieve the company from its obligations or
liabilities under the contract.
Acceptance by the company of the final payment shall constitute a waiver of claims by the company against
the Municipality, except those previously made in writing in accordance with the contract and still unsettled.
The Municipality sball have the right to withhold from any sum otherwise payable to the company such
amount as may be sufficient to remedy any defect or deficiency in the work, pending correction of it.
Payment may be made 30 days after delivery pursuant to the Bidder submitting an invoice, contract
requirements being completed and work being deemed satisfactory.
9.
PATENTS AND COPYRIGHTS
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The company shall, at its expense, defend all claims, actions or proceedings against the Municipality based on
any allegations that the work or any part of the work constitutes an infringement of any patent, copyright or
other proprietary right, and shall pay to the Municipality all costs, damages, charges and expenses, including
its lawyers' fees on a solicitor and his own client basis occasioned to the Municipality by reason thereof.
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The company shall pay all royalties and patenllicensc fees required for the work.
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15.
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STANDARD TERMS AND CONDITIONS (continued)
9.
PATENTS AND COPYRIGHTS- cont'd
If the work or any part thereof is in any action or proceeding held to constitute an infiingement, 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 infiinging work with non-infiinging work or modifY it so that the work no longer
infiinges.
10.
ALTERNATES
Any opinion with regard to the use of a proposed alternate determined by the Municipality shall be final. Any
bid proposing an alternate will not be considered unless otherwise specified herein.
II.
EOUlV ALENCY
Any opinion determined by the Municipality with respect to equivalency shall be final.
12.
ASSIGNMENT AND SUBCONfRACTlNG
The company shall not assign or subcontract the contract or any portion thereof without the prior written
consent of the Municipality.
13.
FINANCING INFORMATION REOUIRED 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 perfonnance. The company shall be responsible for ensuring similar
compliance by supplier.; and subeontractors.
The contract sball be governed by and interpreted in accordance with the laws of the Province of Ontario.
CORRECTION OF DEFECTS
If at any time prior to one year after the actual delivery date or completion of the work (or specified
warranty/guarantee period if longer than one year) any part of the work becomes defective or is deficient or
fails due to defect in design, material or workmanship, or otherwise fails to meet the requirements of the
contract, the company, upon request, shall make good every such defect, deficiency or failure without cost to
the Municipality. The company shall pay all transportation costs for work both ways between the company's
factory or repair depot and the point of use.
16.
STANDARD TERMS AND CONDITIONS (continued)
BID ACCEPTANCE
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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.
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Bids shall be irrevocable for 90 dsys after the official closing time.
The placing in the mail or delivery to the Bidder's shown address given in the bid of a notice of award to a
bidder by the Municipality shall constitute notice of acceptance of contract by the Municipality to the extent
described in the notice of award.
17.
DEFAULT BY COMPANY
a If the company: commits any act of bankruptcy; or if a receiver is appointed on account of its
insolvency or in respect of any of its property; or if the company makes a general assignment for the
benefit of its creditors; then, in any such case, the Municipality may, without notice: terminate the
contract
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b.
If the company: fails to comply with any request, instruction or order of the Municipality; or fails to
pay its accounts; or fails to comply with or persistently disregard statutes, regulations, by-laws or
directives of relevant authorities relating to the work; or fails to prosecute the work with skill and
diligence; or assigns or sublets the contract or any portion thereof without the Municipality's prior
written consent; or refuses to correct defective work; or is otherwise in default in carrying out its part
of any of the tenns, 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.
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c.
Any termination of the contract by the Municipality, as aforesaid, shall be without prejndice to any
other rights or remedies the Municipality may have and without incurring any liability whatsoever in
respect thereto.
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d. If the Municipality terminates the contract, it is entitled to:
i) take possession of all work in progress, materials and construction equipment then at the
project site (at no additional charge for the retention or use of the construction equipment),
and finish the work by whatever means the Municipality may deem appropriate under the
circumstances;
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ii) withhold any further payments to the company until the completion of the work and the
expiry of all obligations under the Correction of Defects section;
iii) recover from the company loss, damage and expense incurred by the Municipality by
reason of the company's default (which may be deducted from any monies due or becoming
due to the company, any balance to be paid by the company to the Municipality).
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18.
CONTRACT CANCELLA nON
The Municipality shall have the right. which may be exercised from time to time, to cancel any uncompleted
or unperformed portion of the work or part thereof. In the event of such cancellation, the Municipality and the
Company may negotiate a settlement. The Municipality shall not be liable to the Company for loss of
anticipated profit on the cancelled portion or portions of the work.
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21.
22.
STANDARD TERMS AND CONDITIONS (continued)
19.
OUANTlTlES
Unless otherwise specified herein, quantities are shown as approximate, are not guaranteed to be accurate, are
furnished without any liability on behalf of the Municipality and shall be used as a basis for comparison only.
Payment will be by the unit complete at the bid price on actual quantities deemed acceptable by the
Municipality.
20.
SAMPLES
Upon reques~ 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 reque~
unless additional time is gnmted. Samples must be submitted free of charge and will be returned at the
bidder's expense, upon reques~ 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 tend= shall, if the Municipality in its absolute discretion so desires, be required to satisty
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 bas been completed and
accepted. The surety may be returned before the 60 days have elapsed providing satisfactory evidence is
provided that all liabilities incurred by the company in carrying out the work have expired or have been
satisfied and that a Certificate of Clearance from the (WSIB) Workplace Safety and Insurance Board Board
has been received.
The company shall, if the Municipality in its absolute discretion so desires, be required to satisfY fidelity
bonding requirements by providing such bonding in an amount and form determined by the Municipality.
Failure to furnish required surety within two weeks from date of request thereof by the Municipality shall
make the award of the Contract by the Municipality subject to withdrawal.
WORKPLACE SAFETY AND INSURANCE BOARD
All of the Company's personnel must be covered by the insurance plan under the Workplace Safety and
Insurance Ac~ 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 paymen~ a Certificate of Clearance
must be issued indicating all payments by the Company to the Board in conjunction with the subject Contract
have been made and that the Municipality will not be liable to the Board for future payments in connection
with the Company's fulfilment of the contract. Further Certificates of Clearance or other types of certificates
shall be provided upon request.
STANDARD TERMS AND CONDITIONS (continued)
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23.
INSURANCE
The company shall maintain and pay for Comprehensive General Liability insurance including premises and
all operations. This insurance coverage shall be subject to limits of not less than $3,000,000.00 inclusive per
occurrence for third party Bodily Injury and Property Damage or such other coverage or amount as may be
requested.
The policy shall include the Municipality as an additional insured in respect of all operations performed by or
on behalf of the Company. A certified copy of such policy or certificate shall be provided to the respective
participant prior to commencement of the worle Further certified copies shall be provided upon request.
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24.
LIABILITY
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The company agrees to defend, fully indemnifY and save hannless 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.
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The Company agrees to defend, fully indemnifY and save harmless the Municipality from any and all charges,
fines, pena1ties and costs that may be incurred or paid by the Municipality if the Municipality or any of its
employees shall be made a party to any charge under the Occupational Health and Safety Act in relation to
any violation of the Act arising out of this contract.
25. VISIT1NG TIlE SITE
The Company shall carefully examine the site and existing building and services affecting the proper
execution of the work, and obtain a clear and comprehensive knowledge of the existing conditions. No claim
for extra payment will be allowed for work or difficulties encountered due to conditions of the site which were
visible or reasonably inferable, prior to the date of submission of Tenders. Bidders shall accept sole
responsibility for any error or neglect on their part in this respect.
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26.
SAFETY
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The Company sbaIl obey all Federa~ Provincial and Municipal Laws, Act, Ordinances, Regulations, Orders-
in-Council and By-laws, which could in any way pertain to the work outlined in the Contract or to the
Employees of the Company. Without limiting the generality of the foregoing, the Company sbaIl satisfY all
statutory requirements imposed by the Occupational Health and Safety Act and Regulations made thereunder,
on a contractor, a Constructor andlor 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.
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STANDARD TERMS AND CONDITIONS (continued)
27.
UNPAID ACCOUNTS
The company shall indemnifY the Municipality from all claims arising out of unpaid accounts relating to the
work. The Municipality shall have the right at any time to require satisfactory evidence that the work in
respect of which any payment has been made or is to be made by the Municipality is free and clear of liens,
attachments, claims, demands, charges or other encumbrances.
28.
SUSPENSION OF WORK
The Municipality may, without invalidating the contract, suspend performance by the company from time to
time of any part or all of the work for such reasonable period of time as the Municipality may determine.
The resumption and completion of work after the suspension shall be governed by the schedule established by
the Municipality.
29.
CHANGES IN TIlE WORK
The Municipality may, without invalidating the contract, direct the Company to make changes to the work.
When a change causes an increase or decrease in the work, the contract price shall be increased or decreased
by the application of unit prices to the quantum of such increase or decrease, or in the absence of applicable
unit prices, by an amount to be agreed upon between the Municipality and the Company. All such changes
shall be in writing and approved by the Municipality.
30. CONFLICf OF INTEREST
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31.
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No employee or member of Council of the Municipality shall sell goods or services to the Municipality in
accordance with the Municipality of Clarington Policy or have a direct or indirect interest in a Company or
own a Company which sells goods or services to the Municipality.
MUNICIPAL FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY ACf fMFIPPAl
All correspondence, documentation, and information provided to staff of the Municipality of Clarington by
every offerer, including the submission of proposals, shall become the property of the Municipality, and as
such, is subject to the Municipal Freedom ofIoformation and Protection of Privacy Act, and may be subject to
release pursuant to the Act.
Offerers are reminded to identifY in their proposal material any specific scientific, technical, commercial,
proprietary, or similar confidential information, the disclosure of which could cause them injury. Complete
proposals are not to be identified as confidential.
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CORPORATION OF THE MUNICIPALITY OF CLARINGTON
CONTRACT NO. CL2005-13
INSTRUCTIONS TO TENDERERS
PI29191ISpccsl.20842-IT.doc
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INDEX
INSTRUCTIONS TO TENDERERS
CONTRACT NO. CL2005-13
CLAUSE
SUBJECT
PAGE
1. GENERAL..................................................................................................................... 1
2. BLANK FORM OF TENDER............................................. ............ ....................... .............. 1
3. TENDER DEPOSiTS......................................................................................... ............... I
4. BONDS.............................................................................. ........ ..................................2
5. RIGHT TO ACCEPT OR REJECT TENDERS .......................................................................... 2
6. UNACCEPTABLE TENDERS.................... .................................... ....... ............... ....... ........ 2
7. ABILITY AND EXPERIENCE OF TENDERER ....................................................................... 2
8. PROVINCIAL SALES TAX................................................................................................2
9. GOODS AND SERVICES TAX (GST) .................................................................................. 3
10. EXECUTE CONTRACT DOCUMENTS................................................................................. 3
1 I. COMMENCEMENT OF WORK............................ ...................... ..................... ................... 3
12. LOCATION................................................................................................................... 3
13. SOILS INFORMATION AND CROSS-SECTiONS.................................................................... 3
14. TENDERERS TO INVESTIGATE ........................................................................................ 4
15. INQUIRIES DURING TENDERING ................................................................................. ....4
16. AWARD OF THE CONTRACT ........................................................................................... 4
17. DEFINITION OF OWNER/AUTHORITY AND ENGINEER/CONTRACTADMINISTRATOR .............. 4
18. ADDENDA........................................... ......................................................................... 4
19. UTILITIES ............................................... .................... ........... ...................................... 5
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1.
GENERAL
PAGE ONE
INSTRUCTIONS TO TENDERERS
CONTRACT NO. CL200S-13
SEALED Tenders plainly marked "Contract No. CL2005-13" will be received until:
2:00:00 P.M., LOCAL TIME, FRIDAY, MAY 6, 200S
and shall be addressed to:
2.
Ms. Patti Barrie, Clerk
Corporation of the Municipality of C1arington
40 Temperance Street
Bowmanville, Ontario
Ll C 3A6
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.
Total Tender Amount
Minimum Deposit
Required
$ 20,000.00 or less
20,000.01 to 50,000.00
50,000.0 I 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.
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INSTRUCTIONS TO TENDERERS
CONTRACT NO. CL2005-I3
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.
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INSTRUCTIONS TO TENDERERS
CONTRACT NO. CL2005-I3
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 GC7.0 1.02 of the
General Conditions.
12. LOCATION
The work is located on Station Street from Main Street to Rowe Street, Church Street, Princess
Street, Rowe Street and Station Street North, Municipality of Clarington.
13. SOILS INFORMATION AND CROSS-SECTIONS
A geotechnical investigation has been undertaken on behalf ofthe Authority. The results
provided are for information only and are not guaranteed by the Authority. A copy of the
Geotechnical Report is included with the Tender Documents as listed in the "Schedule of Tender
Data".
Design cross-sections may also be viewed for information purposes at TSH Cobourg.
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INSTRUCTIONS TO TENDERERS
CONTRACT NO. CL2005-I3
4.
14. TENDERERS TO INVESTIGATE
Tenderers must satisfY themselves by personal examination ofthe site and by such other means as
they may prefer as to the actual conditions and requirements of the work.
The Tenderer shall carefully examine all plans and profiles so that the unit prices tendered are
commensurate with the nature of the work.
It shall be the Contractor's responsibility to thoroughly inspect the site of the proposed works,
determine the location of any buried or obstructing services and make satisfactory arrangements
for interference with such service with the proper jurisdictional agency.
15. INQUIRIES DURING TENDERING
The Tenderer is advised that inquiries regarding the interpretation of the plans or specifications,
shall be directed to the Contract Administrator, TSH, Telephone: 905-372-2121, attention: Will
McCrae, P. Eng. or Troy MacArthur.
16. AWARD OF THE CONTRACT
The award ofthis Contract is subject to the approval of the Regional Municipality of Durham and
the Ministry of the Environment.
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 ofClarington".
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.
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INSTRUCTIONS TO TENDERERS
CONTRACT NO. CL2005-13
5.
19. UTILITIES
Plans illustrating proposals for the relocation of utilities are available for inspection at the office
of the Contract Administrator.
For additional information regarding existing utilities the Contractor may contact the following
personnel:
Ms. Kimberly McLellan
Bell Canada
Mr. Sam Pazuki
Enbridge Consumers Gas
Tel: 905-433-3061
Tel: 1-888-899-9894
Ms. Cindy Ward
Roger Cable T.V. Ltd.
Mr. Peter Petriw, P. Eng.
Veridian Connections
Tel: 905-436-4138
Tel: 905-427-9870
Ext. 3252
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CORPORA nON OF THE MUNICIPALITY OF CLARINGTON
CONTRACT NO. CL2005-13
SPECIAL PROVISIONS - GENERAL
PI291911Spccaf20844-SPO.doc
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INDEX
SPECIAL PROVISIONS-GENERAL
CONTRACT NO. CL2005-13
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. ................. ................................ ...... .............. .......... .......... ...............4
10. HAUL ROADS....................................................... ........... ..................... .............4
11. DUST CONTROL...................................................... ...........................................4
12. TRAFFIC CONTROL, FLAGGING. ................................. ....................................... ...5
13. CONTRACTOR'S SUPPLY OF CONSTRUCTION SIGNS ...............................................5
14. MAINTENANCE OF TRAFFIC.................. ................... ...........................................5
15. EMERGENCY AND MAINTENANCE MEASURES ......................................................6
16. ENGINEERING FIELD OFFICE ............................................................................... 7
17. MANAGEMENT AND DISPOSAL OF EXCESS MATERIAL........................................... 7
18. OCCUPATIONAL HEALTH AND SAFETY ACT 1991 - DESIGNATED SUBSTANCES .........8
19. WORKPLACE HAZARDOUS MATERIAL INFORMATION SYSTEM (WHMIS) ..................9
20. SPILLS REPORTING..................... ........ ....................................................... ........9
21. PROTECTION OF WATER QUALITy..................................................................... 10
22. TRAFFIC AND STREET SIGNS .............................................................................10
23. GARBAGE COLLECTION.................................................................................... 10
24. ASPHALT MIX DESIGNS .......... ................................................................... ....... 10
25. AMENDMENT TO OPSS 1820; CONCRETE PIPE ......................................................11
26. DELIVERY OF TEST SAMPLES............................................................................ 12
27. PREPARATION AND POSTING OF REQUIREMENTS FOR WORK IN CONFINED SPACES 12
28. CONFINED SPACE ENTRy.................................................................................. 12
29. ENTRY ONTO PRIVATE PROPERTy..................................................................... I3
30. STORAGE AREAS............................................................................................. I3
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INDEX - SPECIAL PROVISIONS-GENERAL
CONTRACT NO. CL200S-13
(ii)
CLAUSE
SUBJECT
PAGE
31. GENERAL LIABILITY INSURANCE ......................................................................13
32. CONSTRUCTION LIEN ACT................................................................................ 13
33. PROPERTY OWNER'S RELEASE OF PRIV ATEL Y OWNED LAND USED BY THE
CONTRACTOR................................................................................................. 14
SCHEDULE(C)-CONTRACTORSAFETY
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PAGE ONE
SPECIAL PROVISIONS - GENERAL
CONTRACT NO. CL2005-13
1. PLAN QUANTITY ITEMS
Measurement for payment of the items designated (P) in the itemized bid is by plan quantity, as may
be revised by adjusted plan quantity.
2. GUARANTEED MAINTENANCE
Section GC7.15.02 of the General Conditions is revised in that the Contractor shall guarantee and
maintain the entire work called for under this Contract for a period of twenty-four (24) months.
The Contractor shall make good in a permanent manner, satisfactory to the Authority, any and all
defects or deficiencies in the work, both during the construction and during the period of
maintenance as aforesaid. The Contractor shall commence repairs on any work identified as
defective under this clause within 48 hours of receipt of notice from the Authority or the Contract
Administrator.
The decision of the Authority and the Contract Administrator shall be final as to the necessity for
repairs or for any work to be done under this Section.
3. CONTRACT TIME AND LIQUIDATED DAMAGES
(1) Time
Time shall be the essence of this contract.
For purposes of this Contract, GC 1.04 of the General Conditions is revised, in that Contract
Time means the time stipulated herein for Completion of the Work as defined in Clause
GC1.06.
(2) Progress of the Work and Contract Time
The charging of working days shall commence on June 6, 2005 and the Contractor shall
diligently prosecute the work on this contract to completion on or before the expiration of
~ working days from the date of commencement.
If the contract time above specified is not sufficient to permit completion of the work by the
Contractor working a normal number of hours each day or week on a single daylight shift basis,
it is expected that additional and/or augmented daylight shifts will be required throughout the
life ofthe contract to the extent deemed necessary by the Contractor to insure that the work will
be completed within the contract time specified. Any additional costs occasioned by
compliance with these provisions will be considered to be included in the prices bid for the
various items of work and no additional compensation will be allowed therefore.
Working days shall be charged until the date of completion of the work as set out in the
Certificate of Completion issued in accordance with GC8.02.03.06.
SPECIAL PROVISIONS - GENERAL
CONTRACT NO. CL2005-I3
2.
(3) Working Day
Working Day as defined in GC 1.04 is modified by the addition of the following under
Paragraph (a):
Except any day from inclusive, even though the Contractor may elect
to carry out any approved work as called for under this Contract during this period.
The Contract Administrator will fumish to the Contractor for his signature a weekly "Statement
of Record of Working Days". The Contractor will be allowed two weeks in which to file a
written protest setting forth in what respects the said weekly statement is incorrect, otherwise,
the statement shall be deemed to have been accepted by the Contractor as correct.
(4) Liquidated Damages
It is agreed by the parties to the contract that in case all the work called for under the contract is
not completed within the number of working days as set forth in the special provisions or as
extended in accordance with Section GC3.07 of the General Conditions, a loss or damage will
be sustained by the Authority. Since it is and will be impracticable and extremely difficult to
ascertain and determine the actual loss or damage which the Authority will suffer in the event
of and by reason of such delay, the parties hereto agree that the Contractor will pay to the
Authority the sum of one thousand dol1ars (51,000.00) as liquidated damages for each and
every calendar day's delay in achieving completion of the work in excess of the number of
working days prescribed. It is agreed that this amount is an estimate of the actual loss or
damage to the Authority which will accrue during the period in excess of the prescribed number
of working days.
The Authority may deduct any amount under this paragraph from any moneys that may be due
or payable to the Contractor on any account whatsoever. The liquidated damages payable
under this paragraph are in addition to and without prejudice to any other remedy, action or
other alternative that may be available to the Authority.
4. CONTRACTOR'S AUTHORIZED REPRESENT A TIVE
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 of the following:
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SPECIAL PROVISIONS - GENERAL
CONTRACT NO. CL200S-13
3.
The Contract Administrator shall lay out and establish the primary alignment and grade controls
necessary for construction. The Contractor shall provide the Contract Administrator with sufficient
advance notice of his requirements to permit appropriate scheduling of the layout work.
The layout performed by the Contract Administrator shall be sufficient to permit construction of the
work by the Contractor in compliance with the Contract Documents, but shall not relieve the
Contractor of his responsibility for the provision of qualified personnel and normal tools of the
trade, as necessary for the transfer or setting of the secondary lines and grades from the primary
controls provided. Tools of the trade are interpreted to include but not necessarily be limited to
hand and line levels, boning rods, tape measures, lasers, etc.
7. 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 final detailed statement of the value of all work done and
material furnished under the Contract. As a condition of holdback reduction from 10% to 2-1/2%,
the Contractor shall supply a Statutory Declaration as defined in GC8.02.03.07 03)(b) and advertise
the Certificate of Substantial Performance per GC8.02.03.04(03).
The Completion Payment Certificate to include statutory holdback release, will be issued within 120
days after the date for completion as specified under GC 1.06. The date for interest due to late
payment shall commence following 180 days after the date of completion of the work.
As a condition ofthe final holdback payment, the Contractor shall provide the required Property
Owner's Releases as specified elsewhere, as appropriate.
The Contractor shall include in his price for the publication of the Certificate of Substantial
Performance. Publication is mandatory whether Contractor requests Substantial Performance or not.
The Contractor is advised that the Authority may withhold payment on Interim and Holdback
Release Certificates up to 30 calendar days from the date of receipt of the executed Payment
Certificates.
SPECIAL PROVISIONS - GENERAL
CONTRACT NO. CL200S-I3
9. UTILITIES
Sections GC2.0l 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 ofthis Contract.
The location and depth of underground utilities shown on the Contract drawings, are based on the
investigations made by the Authority. It is, however, the Contractor's responsibility to contact the
appropriate agencies for further information in regard to the exact location of all utilities, to exercise
the necessary care in construction operations and to take such other precautions as are necessary to
safeguard the utilities from damage.
10. HAUL ROADS
When so required by the Contract Administrator, payment for maintenance and restoration of haul
roads will be made for the materials provided and the work performed as specified, at tender prices,
or at negotiated prices.
11. DUST CONTROL
As a part of the work required under Section GC7.06 of the General Conditions, the Contractor shall
take such steps as may be required to prevent dust nuisance resulting from his operations either
within the right-of-way or elsewhere or by public traffic where it is the Contractor's responsibility to
maintain a roadway through the work.
Where the work requires the sawing of asphalt or the sawing or grinding of concrete, blades and
grinders of the wet type shall be used together with sufficient water to prevent the incidence of dust,
wherever dust would affect traffic or wherever dust would be a nuisance to residents of the area
where the work is being carried out.
The cost of all such preventative measures shall be borne by the Contractor except however where
water or calcium chloride is used to reduce the dust caused by traffic on a roadway which it is the
Contractor's responsibility to maintain for public traffic, the cost of such quantities of water and
calcium chloride as are authorized by the Contract Administrator to restrict dust to acceptable levels,
shall be paid for by the Authority at the contract prices for Application of Water or Application of
Calcium Chloride.
4.
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SPECIAL PROVISIONS - GENERAL
CONTRACT NO. CL2005-I3
5.
12. 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.
13. CONTRACTOR'S SUPPLY OF CONSTRUCTION SIGNS
In accordance with Section GC7.06 of the General Conditions, the Contractor is responsible for the
supply, erection, maintenance and subsequent removal of all temporary traffic controls, including
signs, lights, barricades, delineators, cones, etc., required on the work.
Traffic controls shall be provided in general accordance with the latest edition of the "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:
Sign Number
Sign Message
Number Required
TC-I
TC-3L
TC-3R
TC-3tL
TC-3tR
TC-7, TC-7t, TC-8t
TC-41A
TC-41B
CONSTRUCTION
LANE CLOSED AHEAD
LANE CLOSED AHEAD
LEFT LANE CLOSED
R1GHTLANE CLOSED
ROAD CLOSED, LOCAL TRAFFIC ONLY
CONSTRUCTION ZONE BEGINS
CONSTRUCTION ZONE ENDS
6
2
2
2
2
2
6
6
Traffic controls shall be operational before work affecting traffic begins.
14. MAINTENANCE OF TRAFFIC
Station Street will be closed to through traffic. All interconnecting streets will be kept open to traffic
as required to implement re-routing. Local traffic shall be maintained at all times except at periods of
key construction operations when streets may be closed for brief periods with the approval of the
Contract Administrator.
The Cobbledick Street/Station Street intersection shall remain open at all times.
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SPECIAL PROVISIONS - GENERAL
CONTRACT NO. CL200S-I3
6.
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Timing of any road closures and traffic diversions must be agreed with the Contract Administrator
and the Municipality.
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Pedestrian access shall be maintained on all streets within the contract limits particularly on Princess
Street which provides a continuation of the main pedestrian route through the area from Station Street
to the community grounds. The use of granular or asphalt temporary walkways shall be agreed with
the Contract Administrator. The use of protective barriers, sidewalk diversion or other controls shall
be utilized to ensure pedestrian safety.
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Conditions of vehicular access on side streets will be reviewed with the Contractor during operations
but it is the intent of the Contract that access be available only to local vehicular and pedestrian traffic
during construction.
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It is the intention of the Contract that every reasonable effort shall be made to provide vehicular
access to homes and other properties within the limits of each phase at the end of each working day.
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It is understood that implementation of traffic controls will require ongoing review and adjustment to
suit construction operations.
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Notwithstanding the preceding, the Contractor shall at all times maintain the roadway surface within
the contract limits in a condition satisfactory to the Engineer and such that any emergency vehicles
may have immediate access to any building located within the limits of this Contract. The Contractor
shall be responsible for all signing at the contract limits and within the contract limits. The
Contractor shall ensure the signing is properly maintained while in use. It shall be the Contractor's
responsibility to directly notifY Police, Fire, Hospital and Ambulance services of road closures at least
24 hours in advance of such closures and to notifY these same authorities when such closures are no
longer in effect.
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No deviation from the above procedure will be allowed except with the approval of the Engineer.
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It is the Contractor's responsibility to advertise all road closures in local newspapers a minimum of
one week in advance of such closure. The newspaper advertisement shall indicate the date of closing
of the roadway and the length of time for which the road will be closed. This advertising is in
addition to the notification required for Police, Fire, Hospital and Ambulance as indicated above.
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The Contractor shall be responsible for all detour signing outside the contract limits.
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15. EMERGENCY AND MAINTENANCE MEASURES
Whenever the construction site is unattended by the general superintendent, the name, address and
telephone number of a responsible official of the contracting firm, shall be given to the Contract
Administrator. This official shall be available at all times and have the necessary authority to
mobilize workmen and machinery and to take any action as directed by the Contract Administrator
in case emergency or maintenance measures are required regardless whether the emergency or
requirement for maintenance was caused by the Contractor's negligence, act of God, or any cause
whatsoever.
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SPECIAL PROVISIONS - GENERAL
CONTRACT NO. CL2005-13
7.
Should the Contractor be unable to carry out immediate remedial measures required, the Authority
will carry out the necessary repairs, the costs for which shall be charged to the Contractor.
16. ENGINEERING FIELD OFFICE
The Contractor, shall, at no additional expense to the Authority, supply an office for the exclusive
use of the Contract Administrator. This office shall be located as directed by the Engineer, but in no
case shall be more than one kilometre from the Contract limit.
The Contract Administrator's office shall have a minimum of 17 m2 of floor area, with a clear
ceiling height of not less than 2.3 m, weatherproof, insulated walls and roof and a tight wooden
floor raised at least 0.3 m clear of the ground. The office shall be fitted with a minimum of two
glazed windows, both of which can be opened and are fitted with screens. The door shall have a
reliable lock, all keys for which shall be in the care of the Contract Administrator. The Contractor
shall supply electric light, heat when required, and an air conditioner of 8,000 BTU minimum when
required, to the Contract Administrator's satisfaction and shall furnish the office with a minimum of
one desk with drawers, one drafting table, five chairs, two drafting stools, one filing cabinet, a waste
paper basket and a broom.
Where the Contractor elects to supply a combination office for the use of the Contract Administrator
and his own staff, the minimum requirements for the Contract Administrator's accommodation as
outlined shall be met. In addition, separate outside access for each office shall be provided and the
Contract Administrator's office shall be partitioned off from that of the Contractor, on the inside.
Any inside connecting door between the two offices shall be fitted with a lock or closer on the
Contract Administrator's side.
Where the field office is situated remote from a built-up area and where alternate toilet facilities are
not available, the Contractor shall also supply an acceptable chemical or equivalent dry toilet, in a
location convenient to the Contract Administrator's office.
The field office and other facilities shall be provided at the site within 14 days of the Date of
Notification to Commence Work or on the date of the Contractor's actual commencement of work,
whichever date occurs first, and shall remain at the site, if the Contract Administrator so requires,
for a period of up to two months after the completed work is accepted by the Authority.
With the office the Contractor shall provide fax facilities for the use of the Contract Administrator.
The fax machine shall be capable of handling letter and legal size documents. For the purposes of
this tender, the Contractor shall allow a monthly cost of $1 00.00 for fax use.
17.
MANAGEMENT AND DISPOSAL OF EXCESS MATERIAL
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The requirements ofOPSS 180 shall apply to this Contract, revised as follows:
.1 Section 180.03, Definitions, shall be amended by the addition of the following:
SPECIAL PROVISIONS - GENERAL
CONTRACT NO. CL200S-13
8.
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Work area: means the road allowance, right-of-way, and property with a boundary common to
the road allowance or right-of-way within the Contract limits.
.2 Subsection 180.07.02, Conditions on Management by Re-Use, shall be amended by the
addition of the following:
Recycled hot mix asphalt or excess bituminous pavement shall not be used as trench backfill
or bedding.
The Contractor shall be responsible for obtaining a copy of applicable Form Nos. OPSF 1800,
OPSF 180 I, OPSF 1803 and OPSF 1805 for use where appropriate with respect to disposal of
excess material.
18. OCCUPATIONAL HEALTH AND SAFETY ACT 1991- DESIGNATED SUBSTANCES
In accordance with the requirements of Section 18a(l) of the Occupational Health and Safety Act,
the Authority has determined that the designated substances as listed hereunder are present on the
site and within the limits of this Contract.
Designated Substance Identified on this Site Location
Acrylonitrile No
Arsenic No
Asbestos Yes Existing Watermains
Benzene No
Coke Oven Emissions No
Ethylene Oxide No
Isocynates No
Lead No
Mercury No
Silica No
Vinyl Chloride No
It is the responsibility of the Contractor to ensure that all sub-contractors performing work under
this Contract have received a copy of this specification, where Designated Substances are identified
as being present at the site of the work.
The Contractor shall comply with the governing Ministry of Labour Regulations respecting
protection of workers, removal, handling and disposition of the Designated Substances encountered
on this. Contract.
Prior to commencement of this work, the Contractor shall provide written notification to the
Ministry of the Environment at 7 Overlea Boulevard, Toronto, Ontario M4H lAB, of the
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SPECIAL PROVISIONS - GENERAL
CONTRACT NO. CL200S-13
9.
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.
19. WORKPLACE HAZARDOUS MATERIAL INFORMATlON 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 ofthose 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 labeled.
The Contractor shall notify the Contract Administrator of changes to the list in writing and provide
the relevant Material Safety Data Sheets.
20. SPILLS REPORTING
Spills or discharges of pollutants or contaminants under the control ofthe Contractor, and spills or
discharges of pollutants or contaminants that are a result of the Contractor's operations that cause or
are likely to cause adverse effects shall forthwith be reported to the Contract Administrator. Such
spills or discharges and their adverse effects shall be as defined in the Environmental Protection Act
R.S.O. 1980.
All spills or discharges of liquid, other than accumulated rain water, from luminaires, internally
illuminated signs, lamps, and liquid type transformers under the control of the Contractor, and all
spills or discharges from this equipment that are a result of the Contractor's operations shall, unless
otherwise indicated in the Contract, be assumed to contain PCB's and shall forthwith be reported to
the Contract Administrator.
This reporting will not relieve the Contractor of his legislated responsibilities regarding such spills
or discharges.
SPECIAL PROVISIONS - GENERAL
CONTRACT NO. CL2005-I3
10.
21. PROTECTION OF WATER QUALITY
At all times, the Contractor shall maintain existing stream flows and shall control all construction
work so as not to allow sediment or other deleterious materials to enter streams.
No waste or surplus organic material including topsoil is to be stored or disposed of within
30 metres of any watercourses. Run-off from excavation piles will not be permitted to drain directly
into watercourses but shall be diffused onto vegetative areas a minimum of 30 metres from the
watercourse. Where this measure is not sufficient or feasible to control sediment entering the
watercourses, sedimentation traps or geotextile coverage will be required.
If dewatering is required, the water shall be pumped into a sedimentation pond or diffused onto
vegetated areas a minimum of 30 metres from the watercourses and not pumped directly into the
watercourses.
No machinery shall enter the creek bed of any watercourse. Movement of construction equipment
in the vicinity of any creeks shall be limited to the minimum required for construction.
The Contractor shall not carry out equipment maintenance or refueling or store fuel containers
within 100 metres of any watercourse. The Contractor shall not stockpile construction debris or
empty fuel/pesticide containers within the Contract limits.
22. 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.
23. 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.
24. 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.
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SPECIAL PROVISIONS - GENERAL
CONTRACT NO. CL200S-I3
11.
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.
25. AMENDMENT TO OPSS 1820; CONCRETE PIPE
Section 1820.02, References, ofOPSS 1820 is deleted and replaced by the following:
1820.02
References
This specification refers to the following standards, specifications, or publications:
Ontario Provincial Standards Specifications (Material)
CSA Standard
A257-MI982 - Standards for Concrete Pipe
Section 1820.07, Production, ofOPSS 1820 is deleted and replaced by the following:
1820.07
Production
1820.07.01
General
Production methods shall conform to the requirements of CSA A257.1 and CSA A257.2.
Pipe for use in sewers up to and including 900 mm designated internal diameter shall be pipe of the
size and class required, and shall conform to the MOE Pre-qualification Requirements for Concrete
Sewer Pipe Plants.
The plant shall have a valid Pre-qualification Certificate at the time of production and delivery of
the pipe.
1820.07.02
Marking
Marking shall conform to the requirements ofCSA Standard A257.IM or A257.2M.
Pipe conforming to the MOE Pre-qualification Requirements for Concrete Sewer Pipe Plants shall
bear the letters "MOE".
Jacking Pipe shall be marked with the words "Jacking Quality".
SPECIAL PROVISIONS - GENERAL
CONTRACT NO. CL200S-13
12.
26. 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
TSH Cobourg
27. PREPARATION AND POSTING OF REQUIREMENTS FOR WORK IN CONFINED
SPACES
Clause GC7.0 1.06 of the OPS General Conditions of Contract is amended by the addition of the
following:
Detailed written procedures addressing the confmed space requirements of the Occupational Health
and Safety Act and Ontario Regulations for Construction Projects, Ontario Regulation 213/91, shall
be clearly posted at the project site and available to all personnel, including the Contractor's
workers, Authority staff, Contract Administrator, and Ministry of Labour inspectors.
The procedures must include the rescue procedures to be followed during a rescue or evacuation of
all personnel from an unsafe condition or in the event of personal injury.
The Contractor shall have personnel trained in rescue procedures readily available on site.
28. CONFINED SPACE ENTRY
Without relieving the Contractor of his responsibilities under the Occupational Health and Safety
Act the Contractor shall be responsible for the supply of personal protective equipment for the use
of the Contract Administrator, in connection with confined space entry while the Contractor is
operating on site.
The following equipment shall be made available on request:
. Mechanical Ventilation Equipment
. Gloves
. Gas Detector (C95-80)
. Full body harness securely attached to a rope
. Rope
. Gas mask or dust, mist or fume respirator (optional)
. 30 minute self-contained breathing apparatus (need not be worn but, if required, be readily
available to supply air for instant egress)
. 7 minute Escape Pack
. Explosion-proof temporary lighting
. Adequate clothing to ensure protection against abrasions and contamination.
In addition the Contractor shall provide a competent person who shall inspect all safety equipment
prior to use to ensure that it is in good working order and appropriate for the task at hand.
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SPECIAL PROVISIONS - GENERAL
CONTRACT NO. CL2005-13
13.
29. 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.
30. STORAGE AREAS
Clause GC3.06.0l of the General Conditions of Contract is amended by the addition of the
following:
The use ofthe 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.
31. GENERAL LIABILITY INSURANCE
The Regional Municipality of Durham shall also be named as an additional insured.
32. CONSTRUCTION LIEN ACT
The Contractor shall give the Authority notice in writing, immediately, of all lien claims or potential
lien claims coming to the knowledge of the Contractor or his agents.
When a claim for lien is filed by a Subcontractor, labour or material supplier or equipment renter
acting under the Contractor, and proceedings are commenced by the Authority to vacate the lien, the
Contractor agrees and shall forthwith pay to the Authority, in addition to their reasonable legal fees
therefore, all interest costs and expenses incurred by the Authority and an additional sum equal to
ten percent (10%) of the sum found to be owing as liquidated damages, and such remedy shall be in
addition to any other remedy available to the Authority under the Contract Documents.
Where any lien claimant asks from the Authority the production for inspection ofthe 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
SPECIAL PROVISIONS - GENERAL
CONTRACT NO. CL2005-13
14.
properly deductible from monies otherwise payable to the Contractor under the terms of the
Contract Documents.
33. PROPERTY OWNER'S RELEASE OF PRIVATELY OWNED LAND USED BY THE
CONTRACTOR
Upon completion of the Contract, the Contractor shall provide the Authority with two (2) copies of
a form of release signed by each property owner, upon whose land he has entered for purposes
associated with the Contractor's operations but not for the purpose of undertaking works stipulated
in the Contract:
Date.......................
To: Mr. A. S. Cannella, CET
40 Temperance Street
BowmanviJle, Ontario
LlC 3A6
Re: Contract No. CL2005-13
Dear Sir:
I hereby certifY that
(Name of Contractor)
have fulfilled the terms of our agreement and have left my property in a satisfactory condition.
I have accepted their final payment and release
(Name of Contractor)
and the
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.
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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.
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 "An). 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.
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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
Fonn (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.
SCHEDULE (C)
CONTRACTOR SAFETY
POLICY AND PROCEDURE Continued...
HEALTH AND SAFETY PRACTICE FORM
To Contractor(s):
The Municipality of Clarington is committed to a healthy and safe working environment for all
workers. To ensure the Municipal workplace is a healthy and safe working environment,
contractors, constructors and subcontractors must have knowledge of and operate in
compliance with the Occupational Health and Safety Act and any other legislation pertaining to
employee health and safety.
In order to evaluate your company's health and safety experience, please provide the
accidenUincident 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
...~~.R-.y.Sf..Jxw.<v.s-.,.....1/\(..!x.....O'..~.~:.~...4,~Q:1......
. 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).
.w
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.)
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SCHEDULE (C)
CONTRACTOR SAFETY
POLICY AND PROCEDURE Continued...
CONTRACTOR'S STATEMENT OF RESPONSIBILITY
As a contractor working for the Municipality of Clarington, I/we will comply with all
procedures and requirements of the Occupational Health and Safety Act, Municipal
safety policies, department and site specific policies and procedures and other
applicable legislation or regulations. I/we will work safely with skill and care so as to
prevent an accidental injury to ourselves, fellow employees and members of the public.
1. The contractor/successful tenderer certifies that it, its employees, its
subcontractors and their employees,
a) are aware of their respective duties and obligations under the
Occupational Health and Safety Act, as amended from time to time, and
all Regulations thereunder (the" 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 detenmine 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 hanmless 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;
SCHEDULE (C)
CONTRACTOR SAFETY
POLICY AND PROCEDURE Continued...
b) against any action or claim, and costs related thereto, brought against the
Municipality by any person arising out of any unsafe act or practice or any
non-compliance with the Act by the contractor/successful tenderer or any
of its employees, its subcontractors or their employees in the
performance of any matter required pursuant to this contract/tender; and
c) from any and all charges, fines, penalties, and costs that may be incurred
or paid by the Municipality (or any of its council members or employees)
shall be made a party to any charge under the Act in relation to any
violation of the Act arising out of this contract/tender.
C~~t;~ct~~' ... ...~l!kkL{;'''?t2~~:~~~f'~~~~'sig~i{~Zil[~~..
Sig'~~t~~~'~~~'" ...-::::.. ......... ......... ... ...... ......... ... ... .........$1 )~::
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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)
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.
SlAdminIForms & SpecslClaringlonIPolicy-MOC
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CORPORATION OF THE MUNICIPALITY OF CLARINGTON
CONTRACT NO. CL2005-13
SPECIAL PROVISIONS - TENDER ITEMS
PI29191ISpecsl2ml45-SP-Tl.doe
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PAGE ONE
SPECIAL PROVISIONS - TENDER ITEMS
CONTRACT NO. CL2005-I3
PART 'A' - ROADWORKS AND STORM SEWERS
EARTH EXCAVATION (GRADING) - ITEM NO.2
Payment under this Item shall also include:
. Removal and disposal of asphalt Station Street and 60 metres of Station Street North.
. Removal and disposal of asphalt from entrances.
. Excavation in private entrances.
. Proof rolling of subgrade.
Of the total volume 00,905 m3, 842 m3 is topsoil stripping. All topsoil shall be disposed of off the site at
a location arranged for by the Contractor.
Excavation of any deleterious material encountered shall be measured and paid for under this Item,
additional to the plan quantity volume.
HOT MIX H.L.-3, H.L.-3F AND H.L.-8 - ITEMS NO 3, 4 AND 5
The Contractor shall supply all materials required for the proper execution of paving in accordance with
OPS 3 I O. Asphalt shall be PGAC 58-28.
The Marshall Stability for H.L.-3 surface course shall be a minimum 8,900, for H.L.-3F a minimum of
5,800 and for HL-8 lower binder course a minimum of 8,000.
The unit price under these Items shall include for the following:
. Forming curb at catchbasin and catchbasin/maintenance hole locations.
. Construction of step joints at limits of construction at Main Street.
. Forming temporary ramps at limits of construction.
The depths of asphalt for reconstructed streets is indicated on the drawings. For streets to be resurfaced,
the depth of asphalt shall be 50 mm and the width shall be determined by the Contract Administrator.
Entrance asphalt depth shall be 50 mm.
ASPHALT GUTrER - ITEM NO.6
Payment shall be made under this Item for the supply and placing of asphalt in gutters, in accordance with
OPSD 601.010 Type 'B', to Station Street North, Church Street, Princess Street and Rowe Street.
GRANULAR 'A' OR CRUSHED STONE FOR ENTRANCES - ITEM NO.7
GRANULAR 'A' AND GRANULAR 'B', TYPE 1- ITEMS NO.8 AND 9
Payment shall be made under these Items for supply, placing and compacting of Granular' A' and
SPECIAL PROVISIONS - TENDER ITEMS
CONTRACT NO. CL2005-I3
2.
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Granular 'B', Type I.
Entrances may be constructed in Granular' A' or crushed stone to match existing. This applies to the base
for asphalt and concrete entrances also.
The depth of granular materials for streets and entrances are indicated on the drawings.
Additional Granular 'A' material for reshaping of streets which are to be resurfaced and Granular' A'
material required as base for paved boulevards shall be paid for under the Granular' A' Item.
CONCRETE IN SIDEWALK - ITEM NO. 10
Where new sidewalk connects to existing sidewalk, an expansion joint shall be constructed at these
locations. Every joint shall be a contraction joint except where expansion joints are indicated. No
Granular 'A' base is required with sidewalk construction. Sidewalk at entrances shall be 150 mm thick in
accordance with C-307.
Payment shall also be made under this Item for the construction of private entrance sidewalk as required
to match existing and for reconstruction of concrete entrances to match existing.
INTERLOCKING BRICK PAVERS - ITEM NO. ll(a)
SALVAGE AND RELAY BRICK PAVERS -ITEM NO. 1l(b)
Payment shall be made under these Items for the following work:
. Salvage and relaying of brick pavers under Item No. I I (b) in private walkway, including the supply,
placing and compacting of bedding sand. Granular' A' base as required will be paid for under Item
No.8.
. Supply and placing of natural grey brick pavers in running bond pattern with a single soldier course
(on both sides) in sidewalk, including the supply, placing and compaction of bedding sand. Granular
'A' base shall be paid for under Item No.8, Granular' A' base shall be reduced in areas where tree
roots are encountered.
The unit price bid shall include for all excavation as required to install the pavers and base and for
protection of existing trees and tree roots from damage. Brick pavers shall be placed in accordance with
Standard detail on Drawing No. L2.
Bricks shall be 60 mm thick as supplied by Uni-Lock or equal approved.
The removal and salvage of brick pavers at House No. 86 Church Street shall include the removal and
reinstatement of wooden curbs on each side of the walkway. Surplus bricks shall be given to the
Homeowner.
The unit price for this Item shall include Granular 'A', joint sand, and 25 mm depth of bedding sand.
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SPECIAL PROVISIONS - TENDER ITEMS
CONTRACT NO. CL2oo5-I3
3.
Following compaction of the granular base material, the specified sand base shall be placed and screeded,
and care must be taken to stay off the screeded base. Pavers shall be placed such that the gap between
pavers does not exceed 3 mm. Following placement, the pavers shall be tapped into place using
mechanical vibratory equipment. The joints shall then be filled by sweeping sand over the surface. The
finished grade of the brick pavers shall be flush with adjacent concrete surfaces.
The paver pattern shall be as indicated on the Contract Drawings. Edge restraint shall be metal or plastic,
secured with spikes driven into the granular base, as supplied by the manufacturer of the unit pavers. Unit
pavers to be supplied by Unilock or approved equal.
CONCRETE CURB AND GUTTER (ALL TYPES) - ITEM NO. 12
A 2 metre length of curb and gutter shall be omitted at each catchbasin where barrier curb is to be
constructed. The unit price bid shall include for sawcutting existing curb at point of connection to new
curb. Subsection 353.07.06 of OPSS 353 is amended in that transverse jointing of curb and gutter shall
be at a maximum spacing of 4.0 m.
Subsection 353.05.01 ofOPS 353, September 1996, is amended by the addition of the following:
The air content of concrete placed by extrusion methods shall not be less than 4.5 % when tested in place
in a plastic state.
100 MM DIA. PERFORATED CORRUGATED PIPE SUBDRAIN WITH GEOTEXTILE - ITEM
NO. 13
The Contractor shall supply and place perforated corrugated polyethylene pipe complete with geotextile
sock. Backfill to subdrains shall be Granular 'B', Type I, paid for under Item No.9 and placed as per
Standard C-301.
STORM SEWERS - ITEMS NO. 14 AND 15
Under these Items and for the unit price bid, the Contractor shall supply all materials, labour and
equipment and all pipes of the required type, size and class.
The concrete pipe bedding shall be Class 'B' using crusher run limestone, cover shall be sand and backfill
shall be native material and in accordance with C-108.
For all PVC pipe bedding shall be in accordance with Standard C-I09 using crusher run limestone, sand
cover and native backfill.
Type 3 soil conditions can be assumed for Class 'B' bedding.
There may be a requirement for the use of filter wrapped clear stone in wet conditions.
SPECIAL PROVISIONS - TENDER ITEMS
CONTRACT NO. CL200S-13
4.
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The Contract Administrator shall approve the bedding prior to use.
Connection of catchbasin leads shall be by manufactured tees or by an approved coring method.
The unit price bid shall be deemed to include the cost of a close circuit television inspection of the
completed sewers in accordance with OPSS No. 409.
CATCHBASINS AND MAINTENANCE HOLES - ITEMS NO. 16 - 18
Structures shall be installed in accordance with Municipal Standards C-101, C-104 and C-105.
Compacted sand backfill shall be placed around the structures to the dimensions indicated
The unit price bid under Item No. 16 (b) shall be for the installation of two salvaged catchbasins (No. 66
and 67) and shall include for connection of existing pipes to the relocated structures.
Price shall include for all excavation and backfilling and adjusting of existing pipe to suit connection.
The unit price bid under these Items shall include for:
. Connection of new catchbasins and catchbasin maintenance hole to existing storm sewer.
. Placing a minimum of three rows of adjustment units on each maintenance hole or maintenance
hole/catchbasin.
All catchbasins shall be fitted with sumps. Maintenance holes shall be benched. Catchbasin and
catchbasinlmaintenance holes shall be constructed to the level of base course asphalt in this Contract
(binder level). Maintenance holes and catchbasins shall be fitted with frames, covers and grates in
accordance with Municipality ofClarington Standards C-113 and C-114, OPSD 400.010 and OPSD
400.030.
Payment for installation of pipe to connect new structures to existing pipes shall be paid for under the
Item appropriate to the pipe size. The unit price shall include for cleaning of existing structures as
required.
The Contractor shall note that Maintenance Hole Structures No.3 and 5 are flat caps.
BREAK INTO EXISTING CA TCHBASIN AND MAINTENANCE HOLE - ITEM NO. 19
Payment under this Item shall be made for the following work:
. Break into existing structures to facilitate connections and dispose of materials.
. Connect new storm pipes.
. Clean out structure on completion.
. Backfill and compact as per sewer installation standards.
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SPECIAL PROVISIONS - TENDER ITEMS
CONTRACT NO. CL2005-I3
5.
ADJUST MAINTENANCE HOLES AND CA TCHBASINS - ITEM NO. 20(a)
REBUILD MAINTENANCE HOLES AND CATCHBASINS - ITEM NO. 20(b)
Payment shall be made under these Items for the adjusting of Maintenance Holes No. 64, 65 and 68 and
Catchbasin No. 69. Catchbasin No. 70 and Maintenance Hole No. 59 shall be rebuilt by being raised by
0.636 m and 0.517 m respectively. Precast concrete units shaH be used for structure adjustment.
SA WCUTTING - ITEM NO. 23
Payment shall be made under this Item for the sawcutting of aH road and entrance asphalt and entrance
concrete at the limits of road and entrance construction. The unit price shall be deemed to cover all
sawcutting at whatever depth of asphalt or concrete is encountered.
REMOVE ASPHALT PAVEMENT (FULL DEPTH) - ITEM NO. 24
Payment shall be made under this item for the removal of asphalt pavement on Station Street North,
Church Street, Princess Street and Rowe Street for the portions of these streets which are to be resurfaced.
AH material removed shall be disposed of off the site at a location arranged for by the Contractor.
Asphalt shaH be removed for the full width of the respective streets.
SIDEWALK REMOVAL - ITEM NO. 2S
Payment shaH also be made under this Item for the removal of concrete in private entrances and private
walkways. Extent of removal shall be agreed with the Contract Administrator.
Concrete rubble resulting from removals shall be disposed of off the site at a location arranged for by the
Contractor.
Payment shall include for sawcutting as required. The Contractor shaH note sidewalk removal opposite
House No.4, 6 and 8 Princess Street. The length of sidewalk removed shall be sufficient to place
interlocking pavers without cutting of pavers (approximately 3.0 metres or two bays).
REMOVAL OF CURB AND GUTTER - ITEM NO. 26
Payment under this Item shaH include for sawcutting of concrete curb and gutter at the limits of removal.
AH rubble resulting from curb and gutter removal shaH be disposed of off the site at a location arranged
for by the Contractor. The unit price bid shaH include for sawcutting as required. The extent of removal
shaH be agreed with the Contract Administrator.
SPECIAL PROVISIONS - TENDER ITEMS
CONTRACT NO. CL2005-13
6.
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REMOVAL OF CULVERTS AND SEWERS - ITEM NO. 27
Backfill to excavation resulting from culvert and sewer removal, which is below subgrade level, shall be
approved native material. Pipe shall be removed from the site and disposed of at a location arranged for
by the Contractor.
REMOVAL OF CA TCHBASlNS - ITEM NO. 28
Structures No. 66 and No. 67 shall be salvaged (including frames and grates) and stored on site for reuse.
Other structures shall be disposed of off the site at a location arranged for by the Contractor.
TOPSOIL (IMPORTED) AND SOD (NURSERY, UNSTAKED) - ITEM NO. 29
Screened topsoil shall be placed to a minimum depth of 100 mm in areas to be vegetated with the new
road and boulevard construction. It is anticipated that there will be no suitable topsoil available from
stripping operations.
Subsection 570.05.01 ofOPSS 570, August 1990 is amended by the addition of the following:
The topsoil shall be tested to ensure there are no deficiencies with respect to fertility levels. The soil shall
consist of a minimum 4% organic matter. The phosphorous level shall be 30 ppm +/- 2 ppm. The
potassium level shall be 235 ppm +/- 30 ppm. The soil shall have a base saturation of calcium of75%,
+/- 10"10. The base saturation of sodium shall be a maximum of 0.5%. The pH level shall be between 6.0
and 7.0. A copy of the topsoil testing report shall be provided to the Contract Administrator. Payment
for this testing shall be included in payment under the respective topsoil items.
If the topsoil does not meet all of the fertility elements the soils shall be treated with the required
amendments as recommended by the topsoil analysis report.
The Contractor is advised that in spite ofthe requirements ofOPSS 571 and the efforts of homeowners,
should sod not establish to the satisfaction of the Municipality with the two year maintenance period, the
Municipality reserves the right to implement additional works to remedy the situation.
HL-8 BLEND CLEAR STONE BEDDING (PROVISIONAL) - ITEM NO. 31
Payment shall be made under this Item for the following work in connection with storm sewer
installation:
. Excavation of unsuitable materials below standard bedding depth.
. Disposal of surplus excavated materials off the site of the works.
. Supply and placement of Geotextile Terratrack 24-11 as wrap to clear stone.
. Supply and place 19 mm clear crusher run stone bedding to depths as directed by the Contract
Administrator.
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SPECIAL PROVISIONS - TENDER ITEMS
CONTRACT NO. CL2005-I3
7.
MISCELLANEOUS WORKS - ITEM NO. 32
Payment shall be made under this Item for work on a time and material basis. Work under this Item shall
include but is not limited to the following:
.
Adjust rock garden south of House No. 110.
Regrading of swale at House No.3 on Princess Street and Station Street intersection.
Remove and relocate rail fence at House No. 97 Station Street.
If required, remove, salvage and relocate wooden retaining wall at House No. 91, Station Street.
.
.
.
SUPPLY AND INSTALLATION OF PLANTS - ITEM NO. 33
OPSS 570 applies to this Item.
Payment shall be made under this item for the supply and installation of plants in accordance with the
Contract Drawings.
All planting and related work shall be done by experienced, qualified personnel under the direction and
supervision offoremen with at least five (5) years of horticultural and planting experience.
All trees shall be nursery grown, trne to type and structurally sound, with straight trunks and leaders
intact, and be well and characteristically branched for the species. Root balls shall not be cracked, broken,
or damaged. All plants shall be free of disease, insect infestation, rodent damage, sun scald, frost cracks
and other abrasions or scars to the bark. They shall be densely foliated when in leaf and have healthy,
well developed root systems. Plant names shall be in conformity with that accepted in the nursery trade.
Substitutions for the specified plants will not be accepted unless approved in writing by the Contract
Administrator. The Contract Administrator reserves the right to reject any plant material, whether planted
or not, which does not conform to the specifications. Do not remove any labels from plants until they
have been inspected and approved by the Engineer.
All debris, clay lumps, roots and stones over 50 mm in diameter and other extraneous matter shall be
removed from excavated soil to be used in backfill and disposed of off site.
Shredded bark mulch free of granular and organic material shall be applied over planting pit areas of trees
and throughout shrub beds in accordance with the Contract Drawings. A sample of the mulch to be used
shall be submitted to the Engineer for approval.
Maintain all plant material and assume full responsibility for protection of all planted areas until final
acceptance of all project work. Keep planted areas free of weeds at all times. Remove all debris, broken
branches, etc., and maintain planted areas in neat condition at all times. Water plants as necessary with
sufficient quantities to moisten the entire root system.
Submit a written warranty to the effect that all materials and workmanship be guaranteed for a period of
two (2) years following project completion. Under the direction of the Contract Administrator, all plants
that are dead or not in a healthy, satisfactory growing condition, or which in any way do not meet the
SPECIAL PROVISIONS - TENDER ITEMS
CONTRACT NO. CL2005-13
8.
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requirements of the specifications, shall be promptly replaced by the Contractor at the Contractor's
expense. All required replacements shall be as originally specified. The warranty on replacement plant
material shall be extended for a period equal to the original warranty period.
Final inspection of all plantings shall be made at the end of the specified warranty period. Stakes and all
staking material shall be removed at the end of the warranty period. The Contract Administrator or Owner
reserves the right to extend Contractor's warranty responsibilities for an additional year if, at end of initial
warranty period, plant condition is not sufficient to ensure
PART '8' - WATERMAIN AND APPURTENANCES
W ATERMAIN AND APPURTENANCES
Reference:.1 Construct all watermain and appurtenances in accordance with Standard Specifications
for the Construction ofWatermains - Revised March 2004, Section 0251 I.
.2 Contract Drawings and Details for Contract No. CL2005-13
W A TERMAIN PIPE - ITEM NO. 3.01.02
Reference: Contract Drawings and 8-435
Include: .I
.2
Cathodic protection at ail points of new PVC main to existing ferrous main.
Mechanical restraining of ail joints in combination with granular thrust blocks.
REMOVE EXISTING VALVE BOX - ITEM NO. 3.02.04
REMOVE EXISTING VALVE AND VALVE BOX - ITEM NO. 3.02.05
Reference: Contract Drawings
Include: .1 Excavation to grade and disposal of surplus material.
.2 Removal and disposal off site of valve box and valve.
.3 Backfill with native material and compaction.
.4 Valve to be turned to the "off' position where it is not removed.
CONCRETE PLUG IN ABANDONED PIPE - ITEM NO. 3.02.06
Reference: Contract Drawings
Include: .1 8awcutting of existing asbestos cement pipe.
.2 Removal and disposal off site of existing pipe including fittings, valves, etc. as required.
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SPECIAL PROVISIONS - TENDER ITEMS
CONTRACT NO. CL200S-I3
9.
.3 Supply and placement of20 MPa concrete plug in the ends of the existing watermain.
Note: .1 Minimum length of concrete plug shall be 300 mm.
STONE FOR EXTRA DEPTH BEDDING (HL-8 BLEND CLEAR CRUSHED STONE) - ITEM
NO. 3.02.14
Reference: RMDSS and Detail S-40 1
Include: .1 Extra excavation of unsuitable native materials below standard bedding depth and
disposal of surplus materials.
.2 Supply, placement and compaction ofHL-8, clear stone blend.
.3 Supply and place Geotextile, Terratrack 24-11 as wrap to clear stone.
VALVES AND VALVE BOXES - ITEMS NO. 3.03.02 - 3.03.04
Reference: Contract Drawings and RMD Detail S-408
Include: .1 Supply and installation of gate valves and box as per S-408.
.2 Excavating, blocking, backfilling and compaction.
.3 Supply and installation of cathodic protection as per S-435.
.4 Adjustment to level of binder asphalt course.
The unit price shall include for all labour, materials and fittings and disposal of surplus excavated
material.
NEW HYDRANT WITH STORZ PUMPER NOZZLE - ITEM NO. 3.04.01
Reference: RMDSS Section 02511, RMD Detail S-409
Include: .1 Excavation to grade and disposal of surplus materials.
.2 Supply and installation of hydrant, anchor tee and resilient seal gate valve and box and
including any hydrant extensions and/or valve box and rod extensions as shown on the
Contract Drawings.
.3 Supply and installation of filler piece WM pipe regardless of length.
.4 Supply and installation of mechanical restrainers.
.5 Cathodic protection as per S-435.
.6 Backfill with approved native material and compact.
TEMPORARY FLUSHING HYDRANT - ITEM NO. 3.04.03
Include: .1 Excavation to grade and disposal of surplus materials.
.2 Supply of temporary hydrant meeting requirements ofRMDSS Section 02511, except for
Storz pumper nozzle and inner workings of hydrant.
.3 Complete installation of piping, hydrant, blocking, tie rods as per S-409 and removal
SPECIAL PROVISIONS - TENDER ITEMS
CONTRACT NO. CLlOO5-13
10.
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upon completion.
.4 Supply and installation of all other materials as required.
.5 Backfill with approved native material and compaction.
Note: .1 Contract allows for installation of temporary flushing hydrants on side street connections.
.2 Hydrant shall remain the property of the Contractor.
REMOVE EXISTING HYDRANT COMPLETE - ITEM NO. 3.04.05
Include: .1 Excavation.
.2 Removal and separation of valve and piping, cleaning, salvaging and transporting
existing hydrant and appurtenances complete to the Orono Depot.
.3 Removal and disposal off site of existing secondary valve box.
.4 Supply and placement of20 MPa concrete plug in the ends of the existing watermain that
is to be abandoned in place. The minimum length of concrete plug shall be 300 mm.
.5 Backfill with approved native material and compact.
MAIN STOP - ITEMS NO. 3.05.01 AND 3.05.02
Reference: RMD S-410
Include: .1 Supply and installation complete with saddle, union adapter, connections, etc.
.2 Connection to new service pipe.
CURB STOP AND BOX - ITEMS NO. 3.05.06 AND 3.05.07
Include: .1 Removal of existing curb stop, box and rod.
.2 Supply and installation complete as per RMD Detail S-4IO.
.3 Stainless steel rod with brass pin.
WATER SERVICE CONNECTIONS - ITEMS NO. 3.05.11 AND 3.05.12
Reference: RMDSS 02511 and RMD Detail S-41O
Include: .1
.2
Note: .1
.2
Cathodic protection as per S-435.
Abandon existing service boxes. Remove box and rod and dispose of and turn to "off'
position.
Water service shall be connected to existing service at street line on all streets.
Where lead services are encountered these shall be removed and full length of the service
replaced to the house.
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SPECIAL PROVISIONS - TENDER ITEMS
CONTRACT NO. CL2005-13
11.
19 MM TEST POINT - ITEM NO. 3.06.01
Reference: RMD Detail S-429
Include: .1 Supply and installation of all corporate main stops, valves, backflow preventers, copper
tubing, fittings, etc.
.2 Removal of all main stops upon completion oftesting and flushing.
.3 Supply and installation of a brass plug in locations where main stops are removed.
.4 Backfill with approved native material.
TEMPORARY WATER SUPPLY TO RESIDENCES - ITEM NO. 3.11.01 (PROVISIONAL)
Reference: RMDSS Section 01510
Include: .1 Supply and installation of temporary by-pass line, service connections and valves and
check valves where required.
.2 CWorination of temporary by-pass lines and service connections.
.3 Protection of the installation from damage as specified in "Driveway Protection" and
"Burying By-pass" below.
.4 Removal of by-pass line, service connections and plugging of temporary taps.
.5 Temporary shut-off of private services by operation of curb-stops or such other means as
required.
.6 Permanent surface restoration of the site upon completion of the work.
.7 Measurement for Payment - per house supplied with temporary water connection.
Temporary by-pass lines shall be supplied by connections at each end of the line where practical. Where
the ends are at different pressure districts, a check valve shall also be installed. Valves shall be installed
in the by-pass in the vicinity of existing main line valves on the line being removed/abandoned and at
such other locations as the Contract Administrator may direct. The existing watermain shall not be
removed from service until the installed by-pass line has been approved by the Contract Administrator in
writing.
The Contractor shall make all shut-offs of property services and shall furnish water for the temporary by-
pass service from a hydrant or other temporary source.
Safety measures shall be taken by the Contractor to the satisfaction of the Contract Administrator but such
provisions shall not relieve the Contractor of full responsibility for the adequacy of protection.
Drivewav Protection
The Contractor shall be required, at his own expense, to mound over the by-pass pipe with asphalt or
other acceptable material, wherever it crosses a driveway or sidewalk in order to prevent injury or damage
to vehicular or pedestrian traffic. Building paper or other such material, as approved by the Inspector,
shall be placed before mounding up the asphalt. Such lights and barricades as may be required shall be
furnished and maintained by the Contractor. In general, the temporary service pipe shall be laid where it
will cause the least obstruction and is least liable to be damaged.
SPECIAL PROVISIONS - TENDER ITEMS
CONTRACT NO. CL200S-13
12.
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Burying Bv-Pass
At all street crossings, the Contractor shall cut and remove asphalt across streets to permit burying the by-
pass pipe, without disturbing the concrete base, where applicable and shall replace the asphalt in-kind
when the pipe is removed.
EXCAVATE FOR UTILITY VERIFICATION - ITEM NO. 3.40.2
Prior to any construction, test pits are to be dug by the Contractor to determine the field location and
elevation of existing utilities where agreed with the Contract Administrator. The utility shall be exposed
and field measured.
Payment at the unit price shall be full compensation for all labour, equipment and materials to do the
work including excavation, measurements and backfilling.
PART'C'-GENERALITEMS
SUPPLY AND MAINTAIN FIELD OFFICE - ITEM NO. 8.01.01
Under this Item the Contractor shall supply and maintain a field office for the sole use of the Contract
Administrator as described in Clause 17 of the Special Provisions - General.
Payment shall be made at 50% on the first Payment Certificate and the 50% balance will be paid on the
Payment Certificate following issuance of the Certificate of Substantial Performance.
BONDS, INSURANCE AND MAINTENANCE SECURITY - ITEM NO. 8.02.01
Reference: RMDSS, Section 01001
Include: .1
.2
.3
100% Performance and Guaranteed Maintenance Bond for 24 months.
100% Labour and Materials Payment Bond.
Liability Insurance based on the Contract Price.
100% payment ofthis Item shall be made on the first Payment Certificate.
MOBILIZATION AND DEMOBILIZATION - ITEM NO. 8.03.01
Reference: RMDSS, Section 01001
The contract price stated in the Tender Form for this Item shall be compensation for the following:
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SPECIAL PROVISIONS - TENDER ITEMS
CONTRACT NO. CL2005-13
13.
.1 Security protection of the Contractor's office, plant and sorted materials during the course of the
Contract.
.2 Moving onto the site and setting up the Contractor's office, storage facilities, plant, etc.
.3 Providing all necessary access to the project including haul roads as required and the restoration
of the surfaces to their original condition after the haul roads are removed.
.4 Moving off the site and removal of the Contractor's office, storage facilities, plant, etc.
Payment will be made as follows:
50"10 of the lump sum stated in the Tender Form for this Item will be paid on the first Payment
Certificate; and,
the 50% balance will be paid on the Payment Certificate following issuance of the Certificate of
Substantial Performance.
PRE-CONDITION SURVEY - ITEM NO. 8.05.01
Pre-Condition Survey shall be carried out to depict existing interior and exterior conditions of building,
utilities, monuments, bridges, structural improvements, streets, driveways, sidewalks, within the area
of influence of the work site and/or specified distances.
The "area of influence" is that radius of distance adjacent to heavy construction, within which structures
and property are subject to possible damage.
The Pre-Condition Survey shall be completed on all structures, or part thereof, within 30 metres of any
work, at a minimum. Additional inspections may be required, if deemed necessary by the Vibration &
Noise Consultant commissioned to carry out this work.
Quality Assurance
A Vibration and Noise Consultant (VNC) with over five (5) years experience in loss control in urban
areas shall be retained by the contractor to complete this work. The person in charge shall be a
Professional Engineer Registered in Ontario. The Company shall carry Professional Errors & Omissions
Insurance in the amount of $ 1,000,000.00.
Procedure
Immediately upon notice to proceed, all pertinent available data relevant to those applicable portions of
the work and such other areas as deemed available to be Pre-surveyed is obtained by the VNC.
Introduction & Notification
A Letter oflntroduction from the Owner is hand delivered to all properties within the "area of influence".
The letter contains pertinent information regarding the proposed work and advises the identity, telephone
number and name of contact person capable of answering questions or addressing complaints.
This letter serves to acquaint residents with proposed construction in the area.
SPECIAL PROVISIONS - TENDER ITEMS
CONTRACT NO. CL200S-13
14.
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Inaccessible Properties
Should access to a premises by the Inspector be prohibited for any reason, i.e., absent
owner/Iessor/manager; denial of authorization; vacant; safety hazard; in such case, particulars of efforts
made to gain entry are recorded on the Pre-condition Survey Summary Sheet as follows:
. Time and date(s) of contact
. Means of contact (in person or by telephone)
. Authority (owner/Iessor/manager)
. Reason( s) for entry refusal or inaccessibility
Photographic Documentation
Photographic equipment and materials used are capable of yielding high quality negatives from which
detailed enlargements may be made.
Payment
100% payment of this Item shall be made on the first Payment Certificate on proof that the survey has
been completed.
Pre-Condition Survev Report
Documentation of exterior and interior conditions of each property/item surveyed includes, as a
minimum:
. Vintage and type of construction
. Description/depiction/dimension of differential settlements (visible cracks in walls, floors,
ceilings) or any other apparent structural or cosmetic damage or defect
Copies oflntroduction Letters, Notification Letters and Refusal Letters are to be included in the report.
Completed Pre-condition Survey data is to be assembled in a formal comprehensive report, including
Summary Sheet.
The application of a "Pre-Condition Survey" is optional and should be reviewed for each project with the
Owner.
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CORPORATION OF THE MUNICIPALITY OF CLARINGTON
CONTRACT NO. CL2005-13
STANDARD DRAWINGS
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STANDARD NO.
OPSD- 218.01
310.020
310.030
310.050
350.010
351.010
400.010
400.030
404.020
561.010
600.060
601.010
608.010
701.021
704.010
C- 101
104
105
108
109
110
111
113
114
305
307
S- 406
408
409
410
429
431
433
435
439
PI291911Spe<:lIStandDraw.doc
PAGE ONE
STANDARD DRAWINGS
CONTRACT NO. CL2005-13
DESCRIPTION
SODDING OF SIDE SLOPES
CONCRETE SIDEWALK ADJACENT TO CURB AND GU1TER
CONCRETE SIDEWALK RAMPS AT INTERSECTIONS
SIDEWALK DRIVEWAY ENTRANCE DETAILS
URBAN INDUSTRIAL, COMMERCIAL AND APARTMENT ENTRANCES
URBAN RESIDENTIAL ENTRANCE
CAST IRON SQUARE FRAME WTI1I SQUARE OVERFLOW TYPE DISHED
GRATE FOR CATCHBASINS
CAST IRON SQUARE FRAME WITH SQUARE V GRATE FOR CATCHBASINS
ALUMINUM SAFETY PLATFORM FOR CIRCULAR MAINTENANCE HOLE
INTERLOCKING CONCRETE PAVERS ON GRANULAR BASE
CONCRETE SEMI-MOUNTABLE CURB AND GUTTER
ASPHALT CURB AND GUTTER
METHOD OF TERMINATION, CONCRETE CURB AND GUTTER
MAINTENANCE HOLE BENCHING AND PIPE OPENING DETAILS
MAINTENANCE HOLE AND CATCHBASIN PRECAST ADmSTMENT UNITS
1200 mm PRECAST CONCRETE MANHOLE
SINGLE CATCHBASIN
DOUBLECATCHBASIN
STORM SEWER TRENCH BEDDING
PVC STREET CATCHBASIN CONNECTION
HOUSE SERVICE LOCATIONS
PVC STORM SEWER SERVICE CONNECTION
ROUND MANHOLE FRAME AND COVER
BEEHIVE CATCHBASIN FRAME & COVER
CURB AND GUTTER DETAIL AT CATCHBASIN
CONCRETE SIDEWALK
19 mm AND 50 mm BLOWOFF
100 mm to 400 mm DIA. GATE VALVE AND VALVE BOX
HYDRANT ASSEMBLY WITH MECHANICALLY RESTRAINED JOINTS
19 mm AND 25 mm COPPER WATER SERVICE
19 mm TEST POINT BY-PASS
JOINT RESTRAINING LENGTH FOR PVC PIPE
THRUST BLOCKING FOR PVC W ATERMAINS
CATHODIC PROTECTION FOR TRACER WIRES ON PVC
CATHODIC PROTECTION FOR EXISTING FERROUS WATERMAIN
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lYPlCAL SECTION
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DUMMY JOINT
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JOINT LAYOUT
EXPANSION JOINT
NOTES:
1 Sidewalk thickness at residential driveways
and adjacent to curb shall be 150mm.
At commercial and industrial driveways,
the thickness shall be 200mm.
2 Sidewalk width shall be increased to:
1.8m when adjacent to curb on
major roadways
. - 204m at schools, bus stops and other
high pedestrian areas.
A All dimensions are in millimetres or
metres unless otherwise shown.
ONTARIO PROVINCIAL STANDARD DRAWING
CONCRETE SIDEWALK
ADJACENT TO
CURB AND GUTTER
----------
Date
OPSD -
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Stop or yield
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Ramp slopes
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Typ
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material, Typ
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Curb and gutter
,
UNSIGNAUZED INTERSECTIONS
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Typ
Typ
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RAMP ELEVATION
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lYPlCAL RAMP SECTION
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as specified
NOTES:
A Directional lines shall be 1 Ox1 Omm made B
with grooving tool having a 15mm radius.
..........
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1.5m long - m in
Typ
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SIGNAUZED INTERSECTIONS
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Back of
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All dimensions are in millimetres or
metres unless otherwise shown.
ONTARIO PROVINCIAL STANDARD DRAWING
1993 10 01
CONCRETE SIDEWALK RAMPS
AT INTERSECTIONS
Date
OPSD
310.030
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Entrance
DRIVEWAY DIMENSIONS
WIDTH RADIUS
m
LAND USE One-W Two Wo m
min mox min mox min mox
Ught Industrial 4.5 7.5 7.2 12.0 4.5 12.0
Commercial and rtment
Heavy Industrial 5.0 9.0 9.0 15.0 6.0 15.0
Dropped curb
I r6DDmm min
..r Dropped curb f
DETAIL A
See Table
---
J ~ L 3.0m min,
I tum I if required
lane
J!!!1... _ ---L_
Varies
Boulevard
Concrete curb or
curb and gutter.
For entrance without
curb or curb ond gutter
see Oetan A
PLAN
R-S.Om for light industrial
commercial and apartment
entronces on 2 lane roads
R-a.Om for all < heavy industrial
entrances, and for commercial and
apartment entrances on 4 lane roods.
Sid."alk
Joint
Base
Subbase
Subdro.
NOTES:
A All dimensions are in mlllimetres unless otherwise ahown.
ONTARIO PROVINCIAL STANDARD DRAWING
URBAN
INDUSTRIAL, COMMERCIAL AND
APARTMENT ENTRANCES
OPSD - 350.010
April t 999
cm.~--,
~Wi~
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Ar+
I
See Table
r
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L Curb and gutter
Sidewalk
Boulevard
Entrance
Dropped
curb
600mm min
600mm min
300mm I JOOmm
min A ~in
PLAN
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Subbase
ISOMETRIC VIEW
i3'0mJ3'0m SN or SN V:~d entrance
I _ SNfEntronce
6~. Not
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4X. Note 1 4%
I mox 8X
mox
4%. Note 2
Dropped curb
6";. Note 2
SECTION A-A
DRIVEWAY DIMENSIONS
WIDTH
LAND USE m
Sin Ie uble
min mox min mox
NOTES:
1 Maximum upgrade shall be 10';.
2 Maximum downgrade shall be 8';.
A All dimensions are in mlllimetres unless
Residential
otherwise shown.
3.0 4.3 6.0 7.3
ONTARIO PROVINCIAL STANDARD DRAWING
April 1999
URBAN RESIDENTIAL
ENTRANct
----------
----------
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OPSD - 351.010
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at entrances.
Typ "
~ 2751\ 225
1'~ r R=5mm
For flexible Note 2 ~ 251 h
pavement, ~"?
Typ__ .,; : ~
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L-1 ~25 525 Ad~~ ~
For riqid povement where sidewolk Is
25x75m'!' keyway adjacent to curb,
centred In concrete Typ
base,
Typ
Notes 1 and 3
Thickness of adjacent SideWO'ko7
Typ
275 -t-- 225~
~ fR=smm
~"<l"o~ 251 /
ILNote 2 ?'>"m
R-5mm~ ".". . J(l
~~-, t
-.. .... .:,;":.,,,':;:. ~
~ . .. ............ ...." .c
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-j' ~~~' 50
525
TANGENT
SUPERElEVATED
NOTES:
1 When curb and gutter is adjacent to concrete pavement or base. this drawing is
to be used in conjunction with OPSD-552.010 and 552.020.
2 Flexible and composite pavement shall be placed 5mm above the
adjacent edge of gutter.
3 For slipforming procedure. a 5X batter is acceptable.
A Treatment at entrances shall conform with OPSD-351.010.
B Outlet treatment shall conform with OPSD-610 Series.
C The length of transition from one curb type to another shall be 3.0m. except in
conjunction with quide rail. It shall conform to OPSD-9OO Series.
e All dimensions are in millimetres unless otherwise shown.
LEGEND:
S - Rate of pavement superelovation in percent, X.
ONTARIO PROVINCIAL STANDARD DRAWING
April 1999
CONCRETE SEMI-MOUNTABLE
CURB WITH STANDARD GUTTER
----------
OPSD - 600.060
I
.'
200
ASPHALT CURB
MACHINE lAID
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OPSD - 601.010
'1
April 1999
~
o
Q.
~
Pavl depth ,
Note 1 ~
T ael< coat surface --
ASPHALT GUTTER - lYPE 'A'
~
o
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~ ~ ,7 I
n . ~_-=':'I~
,...... 'i~
Not.l~
Tack coat surface --
ASPHALT GUTTER - lYPE 'B'
NOTES:
1 Depth of gutter at pavement edge to equal depth of new pavement
but In no case less thon 130mm.
A All dimensions ore In millimetres unless otherwise shown.
ONTARIO PROVINCIAL STANDARD DRAWING
ASPHALT CURB
AND ASPHALT GUTTER
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'"
N END VIEW
--
3.8m Termination
Curb and
gutter
Gutter line
\ f
ELEVAllON
MOUNTABLE CURB AND GUTTER
Curb and
gutter
PlAN
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mln
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.,
N END VIEW
3.8m Tennlnatian
Gutter or
curb line
t f---
--- -
--
ELEVATION
BARRIER AND Sail-MOUNTABLE CURB AND GUlTER
NOTES:
1 Slope to match existing shoulder.
A This drawing is to be read in conjunction with
OPSO-600 series curb and gutter drawings.
B All dimensions are In mlllimetres unless
otherwise shown.
ONTARIO PROVINCIAL STANDARD DRAWING
METHOD OF TERMINATION
FOR CONCRETE CURB AND GUlTER
OPSD - 608.010
";
1.
)
,
o max
0/2 min
7. Wye connection 8. 45" bend Section 50mm
min
MAXIMUM SIZE HOLE IN THE WAlL IN PRECAST RISER SECTIONS ~
Maintenance No. 1-4 No. 5 & 6 No.8 No.7
Hole Diameter Inlet Hole Outlet Hole
) 1200 700 860 780 700 860
1500 860 1220 960 860 1170
1800 1220 1485 1220 1220 1485
2400 1485 2020 1760 1485 2020
3000 1930 2450 2300 1930 2450
3600 2195 3085 2730 2195 3085
NOTES:
A Concrete for benching to be 30MPa.
B Benching to be given wood float finish, channel to be given
C Benching slope and height to be as specified.
D All dimensions are nominal.
E All dimensions are in milimetres unless otherwise shown.
steel trowel finish.
ONTARIO PROVINCIAL STANDARD DRAWING
Nov 2004
)
MAINTENANCE HOLE BENCHING
AND PIPE OPENING DETAILS
OPSD - 701.021
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FP.AWE Nt) CCNER AS PER C-113
CONCRETE eN'
MIN. ONE AOJUS'T'MEHT UNIT. MAX. 300mm
WORTM TOP HID BOT1'ON ROWS ONLY
(t.lANUfAClURER'S SEAWlT TAPE IlE1WEEH ROWS)
OUTSIDE OF BRiCKWORK TO RECENt 1WO
COAlS OF BrTlIUtNOUS PAINT WHEN MANHOLE
NOT lOCATED IN ROMN/AY
8
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PRESS SEJJ.. OR EQUN'AlENT
R\J81lER GASKET (WATERI1GKI)
3OIolPa CONCRElE ~
75mm OF 19mm CRUSHER RUN
UMESIONE (cot.tP,\C1"EIl) ON
STRlJC1IJlWJ..y SOUND cROUNO
POURED 0llNCRm:
CIWllE 10 lot JOIHT
... I..... .
1460mm OIA.
~
1 All precast camponents to be fram approved suppliers.
2 Pipes must not enter at a manhole sectian joint.
3 Uft hales ta be campletely filled with mortar before backfilling.
4 Aluminum man hale steps as per OPSD 405.020.
5 Precast flat top design anly as approved.
6 Far man hale depths greater than 5.0m safety grates required.
7 Max. spacing between safety grotes is 4.5m.
B For depths greater than 7.5m manhole to be custam
9 For benching detail see OPSD 701.021 (use pipe dia.
10 Compacted sand backfill within 1 .Om of manhole.
11 Semi-cast manholes to be individually designed and approved.
".
PRECAST
TOP
FLAT
designed.
+ 100mm for max hole size).
AI, dCmenllone a,.. In mllllnMtn. unle.. otherwl.. noted.
Sernces De arbnent
_NO.
--
1200mm PRECAST CONCRETE MANHOLE
C-101
--
__ 2004
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I:~n.
~
~TCH BASIN
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',.
....
100mm PERfORATED
5IJ8DRAIN
'.'
>-
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... .
"<.~
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200mm souo
WALL P'v'\: PFE
;,.!
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SECTION A-A
75mm or Illmm CRUSHER RUN
IJUES'l\lNE (COMPICl'ED)
SECTION B-B
B
. .
A
A
. .
B
NOTFS
1 All precast components to be from approved suppliers.
2 Compacted sand backfill within O.3m of catch basin.
3 Refer to C-109 and C-305 for additional details.
4 Invert of sub-drain and the obvert of catch basin lead are to be level.
PLAN
5 Uft holes to be completley filled with mortar before backfilling.
AU dlmentlone aAi In mlll1met,... unle.. otherwln not".
Serrices De arbnent
-...
-.....
SINGLE CATCH BASIN
C-104
Il.
8<0
610
~ 1700 ~
"' 1610 11
610~
WOflTAR
.
,.
..
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.
" 100mm PER:F'ORA.lED
.'.u SUBOIWNS
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--",,-- 2.5Omm souo WALL
P\IC PI'E
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-S;~DN A-A t'-~,_~_~
lJMES'TONE (~)
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. .
:;:.
SECTION B-B
A
B
B
BEAM
A
Norrs PLAN
1 All precast components to be from approved suppliers,
2 Compacted sand backfill within 0,3m of catch basin,
3 Refer to C-l09 and C-305 for additional details,
4 Invert of sub-drain and the obvert of catch basin lead are to be same elevation.
5 Lifting holes to be completly filled with mortar before backfilling.
M
All dlmenltonl are In mIUfmet,... unl... otherwl.. noted.
of Cl n Services De artment
_NO.
- ....
DOUBLE CATCH BASIN
C-105
....
-. ZOO4
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COLtPICTED 1Q mm CftUSH€R
RUN lJI.CESlONE lex SPO
.
COIolPACTED SN<<)
98X SPD
.,......
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"
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CLA.SS B BEDDING
BEDDING AND CLEARANCE
IHSlIlE PIPE DWolETDl
UP TO 8CO
1050 _ lARGER
d(1otIN)
100
150
. (....)
300
500
All dlmen.1on1 a,.. In mlmmetrll unl... otherwi.. noted.
Clarin ton
....
_ 2004
Services De artment
_NO.
--
STORM SEWER TRENCH BEDDING
I
300
d
,
C-108
MANUfJCTURED SNiOED P .V.c.
SlID'E (WAmmGHl)
SOUD WAlL P.V.c.
CA,lai BASIN lEJD
(S.D.R. 35)
300mm SAND COVER CONPACTED
10 8ax SPO
CATCH
BASIN
'..
. .: "1." :'
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19mm CRUSHER RUN UMESTONE TO
TOP OF PtPE. COMPACTED TO i8X $PO
... .
. . .
<r '.:.:: '.. . ....."" ".
SEE C-111
NOTES
1
2
3
enter catch basin at right angle
dia. lead far double catch basin.
dia. lead for single catch basin.
Pipe to
250mm
200mm
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All cIImen.lone a,. 1n "",nmetre. unl... othe,.lae noted.
of Clarin n
Services De artment
-....
--
I
P.V.C. STREET CATCH BASIN
CONNECTION
-
-. 2004
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~
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600
,
19mm CRUSHER RUN LIMESTONE
1'0 TOP Of ~ PtPE AND
COMPH:TED 10 Sex: SPD.
SECTION A-A
NoT.s.
SlREElUNE
Ie GUITER
,I I
I I t.WIiOlE SrtlRM'~'" .
_. I_I _ . ~/l~11<fE[ _ . . - . . ,.- .....,
___~L-t______________";"________~smR_"-
, .
,
,
l
I CURB Ie GUTTER ~A1'ERMAIN
----------------------~----------------------~------------------- -------------------------
-<:>- HYlIfW<f
STREEJUNE
NOTES
1 For storm service connection detoils refer to C-lll.
2 For sanitary/water service connection details refer to Durham Region specifications.
M
All dlm_nllon. an In mllRmetnt unl... oth....... noted.
of Clarin on
En
Services De artment
-...
- ....
HOUSE SERVICE LOCATIONS
C-110
....
_ 1004
J
w
%
i:l
~
$
1.5
SUITABlE DEPTH
TO NJJ:NI FOR
t~'''/";;:?'''''''~'';~:''''''-'''''"~~=~ ~ M
.... ...... ~..:..: 100mm CRUSHER RUN UI.AESTONE
..". TO TOP OF P$PE
'.r :. "'. ... . "0'" . JOOmm SANO COVER
. ..' ":
". ..". .
...... .
PACT'ED 18mm
CRUSHER RUN UMESIONE
l50mm . P.V.c.
($.OR. 28) PIPE
PROFILE
OPENING TO BE 1.W:HINE-cORED
IN FIElD
.V.c. BRANCH TO BE FlRNI.Y
MORl'NlEIl TO ...... SEWER.
(WATER11Glfl)
P.V.c. SWEEP BEND
l50mm . BRANCH OFf
PREJ.l.'NUFACTURED TEE
CONNECTION FOR SEWER MAINS
525mm~ & LARGER
~
CONNECTION FOR SEWER
MAINS 450mm~ & SMALLER
Service connection invert to enter main at springline or higher.
All dlmentlone aR In metrn unl... otMrwlH noted.
of Clarin n
Services De artment
-....
PVC STORM SEWER
SERVICE CONNECTION
--
C-111
N'IIl. ZOO4
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FRAME PlAN
4.5mm t.WC.
ClEARANCE
676
633
624
57.
51
I~ II 575
667
900
SECTION A-A
"STORM"
YEAR OF
CONSTRUCOON
COVER PLAN
111 ~~~r-I
16-H-
613
SECTION B-B
I r
1=t.I
NOTES
1 A1lowoble toleronce for dimensions of 300mm or less is :!: 3mm.
2 A1lowoble tolerance for dimensions greater than 300mm and up to 900mm is :!: 6mm.
3 The name of the manufacturer is to be distinctly cost in raised letters.
4 The designotion "STORM" ond year of construction ore to be distinctly cost in raised letters.
An dlmenlfontl an In mllllmetrw. unl", ofherwfH noted.
Clarin ton
SernceB De ~ent
-...
- ....
ROUND MANHOLE
FRAME AND COVER
C-113
820
A+-
-.J l J L
on
g
--. :.1jlll
0 ,., In
N --' ...
.. .. ..
I I
on 151
g
-'-
h I +-r-
;n
.
A+-
FRAME PLAN
597
B
B
GRATE PLAN
All dCmenaloM an In mlllmetrn un'n. otherwtH noted..
"
:!
152
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~
~
a
~ ~
.. ..
;l;
~~ 40 =r
SECTION A-A
150
~
~
~
~
SECTION 8-8
BEEHIVE CATCH BASIN
FRAME &: COVER
_NO.
--
C-114
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-
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SEE
HOlE 2
B
PLAN
....
'7~
..
...
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J
SECTION A-A
--/1
;I:
~ SHAPED ""fA
I
:A
--1j
I
I
CURB ENDS 10 BE t.WlE \'ER11CAL (fUJSH)
.:r TIllE Of' POURlHC. lOP CURB 10 BE
HJCHED NXURAlELY WITH BASE CURS.
1.2m
F\JU. DEPTH
EXPN4SION JOINT
",
:,'
.,
','
:':
;~
:.
Nl lOP AND
IlaI10M ROWS ONlY
(t.WIUFoIClUflER'S SEAlJHT TAPE ;.'
8EIWEEN ROWS) ~~
.,
,.',
SECTION B-B
NOTES
1 For grate specifications see OPSO 400.010.
2 Stage I - temporary asphalt filler around catch basin including full curb.
:5 Stage II - remove asphalt filler and complete curb in one pour.
M
All dlmen.lona are In mlnlmetre. unl... otherwl.. noted.
Sernces De ~ent
_NO.
-.....
- ....
-. 2004
CURB AND GUTTER DETAIL
AT CATCH BASIN
C-305
0tREC'110NAl UNES:
UIN. O.3m JPNfr
AND 1.Sm lONG
MAXINUM SPACING or 30m BE1WEEN EXPANSION ~
JOINTS NolO WHERE SfOEWH.K AButS No<< RIGIO
STRUClURE
- -
~~
,.5
~l
,..
COHTIlo'CTION JClIl1S (M'.)
1.5
0.75
~
~
I ~
:Ill
.::<.:. : ..:,-'::~'..",'::':':..~~: ;~:'.:::;' i;:
~
CQWPICIal NATlVE .....1IRW.
(SEE ND1ES , NID 2)
3Qmm
150mm AT DRlYEWAYS
tmIES
1 Use 100mm compacted gronular 'A' if notive materiol is deemed unacceptable by the Municipality.
2 Subgrade material to be well compacted. then dampened immediately prior to pouring sidewalk.
3 Concrete shall conform to OPSS specifications (30MPa, 7"; :I: 1.5"; air).
4 Curing compound to be sprayed on sidewalk within 1 hour of finishing.
5 Expansion joints to be be placed full depth of sidewalk.
6 Contraction joints to be 25"; of full depth of sidewalk.
7 Surface of sidewalk to have a broom finish.
Atl dtmenaton. an In metre. unt... otherwl.. noted.
of Clarin D
Serrices De ~eDt
_II>
-.....
STANDARD CONCRETE SIDEWALK
C-307
---
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WA lBlIIAlN
\ mm WArn< SEIMCE
- ~
\~~
lIAIN sroP
... AI'PRlMD
SAllOlE
8
l!!
SEIMCE BOX
"TOP SEC1ION
VAl.VE BOX
(135 mm SUDE rtPE)
~
RES1RAINEIl
PLUG
-- Q\..:.~
lIAIN sroP
...-
SAllOlE
l5Omm_
11 mm a.EAR aIUSHED SlONE
l!5Ommx150mmX300
CEDAR BLOQ(
50 mm BLOWOFF
BWE PAINlED
LOCAlION STAKE
WA1<RIIAlN
NIQlOR lEE ... VAl.VE OR
lEE ... RES1RAINEIl VAl.VE
SEIMCE BOX
T
2
l!
2
lOP SEClION
- VAl.VE BOX
~
7'
~
i
llrnm_
NOTE:
CA1HOllIC m01Er.11ON.
IIONOINO c.IIlE NIl
1RACER lIlRE llHoILL BE
IS POt s-. _.
DAlE VAl.VE ... BOX
I>S PER s-408
11 rnm a.EAR aIUSHED SlONE
llOmmllllOmmX:IOOrnm
CEDAR BLOQ(
TO 300 mm WATER SERVICE STUBS
1Q mm
BLOWOFF FOR 100
mm
IlWQ, DAlE: 1113 \I
RE'4ISKlN IlO.I 2
REV. DAlEl 1002 10
~ M.T'"
19 mm &: 50 mm BLOWOFF
8-406
SUDE lYPE
13 mm ROUND
HOlE 'MlIi
GROt.fNET
135 mm SUOE T'tPE
VAL'IE BOX " COVER
lRACER 'MRE
E'"
oj!!
NO
~Z
"'~
50 mm CPalAlINC NUT
OPEN TO LEFT
CUIIlE PlAlE
HOtHllSlNC SlEN
TRACER WIRE CONNECTED
TOCEIHER US1NC A SPUT
BOLT , 10 CONNECTOR.
SPUT llol.T SHALL BE
WIW'l'ED IN EU:CIRICAl.
P\IT1Y.
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,
C
WAmlMAIN
19 mm CRU
RUN LAlESTONE
5.4 kq ZINC ANOOE
SOUIl c::otlCRClE IllOa(
150 mm x 150 mm Ie 300 mm
L'50-l
NOTES
I. VALVE BOX SHAU. BE ADEQUAlELY BRACED 'Mtl.E BAa<fUJNC
JHJ WST _ PWIotB.
2. VALVE BOX EXltNSlON SHAU. BE USED ONI. Y F REQUIRED.
3. REFER TO "STJHJARD SPECIF1CAl1ONS FOR !HE 00NSlRUCl10N
OF WA1ERMAINS" FOR Pl.ACENENT OF MARKER STAKES.
4. VALVE SIiAU. BE COlotPlnEI. Y BAa<F1U.ED WIlli 18 mm
CI\IISHER RUN lIMESTONE.
5. _ 1HE llEP1H Of" 1HE OI'ERA 1INC NUT IS CllEAltR
lIiAN 2.0 m BELOW FINISHED GRADE AN EXlENSION
S1EN SIiAU. BE USEe.
8. AU. INlJN[ VALVES INSTAlUD ON PVC WAltRMAIN SHAU. BE
RES1RAlNEIl AS PER 5-43.1, UNLESS 01HER'MSE NOlEO.
7. F VALVE BOX IS LOOAlEO IN A GRA'>U AAEA. A
1.0 m x 1.0 m I: 50 mm ASPHALT COLLAR SHALL BE: IHSTAUm.
B. TRACER WIRE COAlEO. 7 STRANO.
12 WAGE TW75, 1YtIJ75 OR
RWllOXLPE WIRE RAlEO AT IotINUS 4Cr C.
8. TRACER YtIRE SHAU. BE INSTAlUD
OUTSlOE VALVE BOX AND 8RQUQlT
INTO UPPER SEOl1ON lHROUCH 13 mm
ROUND HOlE AND l.OOPm AT lllP.
LOOP SHAU. BE IIINlIotUM 450 mm IN lENCTH.
10. lRACER WIRE SIiAU. BE INSTAlUD IN AU.
P.V.c. AND UP. MAIN LINE VALVE BOXES.
11. CA1HOOIO PnOIa.I.... IIONOINll CAIILE JHJ TRACER WIRE
SIWJ. BE AS PER S~. 5-438.
100 mm TO 400 mm GATE VALVE,
VALVE BOX AND TRACER WIRE
ARRANGEMENT FOR PVC OR CPP WATERMAlN
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8-408 I
E'"
oj!!
NO
~Z
",Iii
\
~
\
\
\
\
\
I
I
owo. DAlE: IHI 11
_ON NO.1 14
REV. DAlE: 2004 117
SCALE: No T.s.
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t IMlIWfT
IT
~ ~
~L
.
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I
ATTACH lR.ICE WlIlt:
UP lliROUGH SPUT
RING AND FASTEN
WlS
...-
~~
I
AD.IUSWILE VAL.w: BOX SIW.L BE
sa FWSH WI1H f1NlSHED GRADE
_ 1lW:ER WIRE
ONCE MOUND
IMlIWfT lIARREL
~i
II
:~
1lW:ER WIRE COAlED
7 SI1WlD 1Z_
1W7S, 1WU7S OR
RW 1IO lCI.PE WIRE
IlA1ED AT IlINUS 4O'C
"'8
5..
150 mm GAlE V~I/E
150 mm
PVC PIPE
nw:ER _. CClNNEl:lED WGE11lER
llSlNQ A SPUr IIOU , 10 CONNECIOR
SPUr IIOU SIWL IE" WIW'l'EIl IN
EI.EClRICN.. PUI1Y
=-1
11 mm CRUSHER RUN
UIIESlONE CClMIWlIB)
10 _ PllOCItlR
DENSIlY
JOINI'S S1W.I.. BE MECHlJlCALLV
RE!.1\...W<<D AS PER S-433
CONCRETE BLOCK
... 1000 1SO x 150 x 300
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NOTES
1. JllIfIS SIW.L BE IlEClW<<:HUY RESllWNEIl.
Z. IlEDlllNG IS PER 5-401.
3. IMlIWfT EX1INSIONS SIWL BE INSWUIl AT BCJllOII OF IIoIRRfL.
'" N<<:HOR 1IE, VAL.w: " IMlIWfT SlW.L BE COIIPlE1U.Y IIIoCICFU.ED
WI1H 11 mm CllUSHER RUN UlIESlllNE.
5. F IlYIllWIT IlEllUIRES ACCaS ACROSS IlllCH. INSW.IA11OH SIWL
BE IS PER s-42lL
8. nw:ER llIRE CClI\1ED, 7 ~dZ ONJQE 1W75, _ OR
RW 1IO lIlPE llIRE IlA1ED AT """'" 4O'C.
7. 1lW:ER llIRE SIWL BE INSr.oum AT H.I. _ _
a. CA1IlOOlC ............OOOl. IIIlHIlHl CMIlE NIl nw:ER llIRE SIW.I. BE IS PER S-435, _.
18 mm CRUSHER RUN
IJIlESRlNE COUI'ACIDl
10 _ PROCIOR
DENSlIY
11M. 1500
HYDRANT ASSEMBLY WITH
MECHANICALLY RESTRAINED JOINTS
8-409
COPI'ER 10 COPI'ER COUI'UNG
COMl'RESSION JOINT CSHAU. BE
usm WHERE 1l8lUIRBl)
BRASS SEJMa: GROUND CWlP
elW N<<lOE WIRE CONNEClllR
stt NOIE 4
COPI'ERSEJMa:7
'M'E 'K'
5.4 log ZI<<: N<<lOE
IlRASS SEJMa: GROUND CI.\IIP C/W
1llIoCER WIRE CllNNECRlR
SEE NOTE 4
1llIoCER WIRE CO/iIDI 7 SllWIl,
12 _ 1W75. 1WU7S OR RW 10 llU'E
WIRE RA1ED R IlItUS 4O'C.
CClllI'ORA11ON IIHN SlOP
(WmI1I'PllCMD SADIll.E)
FlNISHED GlWlE
\~GlWlE
i~
CURB SlOP UlCAllOHS
IS PER S-44S
ROO
SEJMa: BOX"""""
CUflII STOP ~ '"
8
~
Z
:ii
1-150-1
00 mm I: 150 mm x 300 nwn
CElIIR IIUlCK P\.oceD
ON llNIlIS\URIIED GROUND
COPPER SEIMCE PI'E
'M'E 'K'
FERROUS WU
INSIAA110N IS PER s-307
I~ING WA~ S~~
NOTES
I. '!HE WA1tR lXlHNECI10N SIWJ. BE lAID ~ lHE _ 10
150 non _ 1HE """""It lINE. IN NEW SUllllMSIONS ONLY.
2. HORIZOHTAL GOOSE NECK SIWJ. BE usm _ CCII'ER USS
1lWl 1700 1M\.
3. _ SlW.l. BE TN'PEIl UNDER PRESSURE.
4. SEIMCE GROUND CWIPS _ SPUr BOLT SlW.l. BE
WlW'POl WIIH EI.mIRlCAL f'UlIY.
5. N<<lOE SlW.l. BE P\.oceD AT lEAST 1.0 m _Y ~ '!HE SEIMCE
_ IS DEEP IS lHE _ Of tHE SEIMCE.
IS. N<<lOE SlW.l. BE LOCA1m lIE1WEEN tHE _ SlOP
_ CURIl STOP.
7. PU-.c CONIRICIllIl 10 REIlCM TAL PIECE NlO
HOOK UP 10 CURIl SlOP.
e. CAlHOOIC t"KUtCAitlON. 80NDINQ CABt.t MD TRACER WIRE
SIWJ. BE IS PER S-43S, s-al.
19 mm AND 25 mm COPPER
WATER SERVICE
IllIll. DAlE: ltel 04
_ NO.l II
REV. DAm 1002 10
ICoUI II.T.I.
8-410
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V#L~ SlW.L BE
OPERAlED BY REGI<ltW.
PERSONNEL ONl.Y
PROPOSED iIIA_
EXIS11NG WA1ERIlAlN
_ 8001
1_800
It own _ SlOP SlW.L BE
AEIlO\IEll NIl) IlEPUCED
'M1H ~ It own BRASS PWC
N'lER 'IESIING NAS BEEN
COIlI'I.Dm
3
~~
.
II own 1'II'E 'l<"
COI'PER
It mm EW:l<fl.OW PRE\IENlER
It mm CURB SlOP MAY BE
OPERAlED BY tHE c:oN1lW:IllR
NOTES
I. 1RDlCH SIW..I. BE un OPEN NIl) FDlCEIl IN
H:OORDo\NCE 'M1H So\fElY REllUIAI1OIlS.
2. 1NSUlA11ON OF _ BY-I'ASS REllUIREIl
OURINC f1lEEZINQ CONIlIlIONS.
19 mm TEST POINT BY-PASS
DIll/. DATE: 1_ '"
_ NO.1 4
_. DATE: _ 10
-.. N.T'"
8-429
.
0.0.
150
t
19 mm CRUSHER RUN
UIotESTONE COIoIPIClm
lOgexor
PROClllR 0ENSm'
,TRENCH WlOlH I
RESTRAINED JOINT DETAIL
I>S PER 5-43J
,,-~- ,-.'"-''' t
UIotESTONE COIoIP1C1E1l . '. '1~"~ '. f..;':'
TO 98 " OF PROCTOR -L ~~," ':.1':: 00
DENSf1Y .., Oll. .', . .
. '-:;,:",...:..'
~ . ""', MIN. 300
75
SECTION A-A
HORIZONTAL DEFLECTION
RESTRAINED JOINT OETAIL
I>S PER 5-433
B~
TRENCH llIOlH
19 mm CRUSHER RUN
'lIIES1ONE COIoIP1C1E1l
) 98 X or PROClllR
3ISllY
I
~.:,~~~ 150
'J ......
.....:.. . .~.~.
....... ":"~ ... .;.:.
'. .
ClENl SlllNE fllUNllI.1lON
I>S REQUIRED
SEE NOTE 3
SECTION B-B
DOWNWARD THRUST
VERTICAL DEFLECTION
:....: ~:-, > ,';:;' J
"I~'1.....:-; ~. ..f". MtN..
....~. ....'
".' .......
:..~. .=-..-' 0.0.
~ ~ ~.,,3'
. ,.-
SECTION C~C
UPWARD THRUST
1. AI..L .JOINTS ENCOUNlelEIl WlIHlN lHE SPECFlED
RESTRAINING lDlGTH "I." SlWJ. BE RES1RAlNED
ON EliCH SlOE or lHE FlT11NG.
2. GlWU.Nl 1HRUST IIl.OCKS SlWJ. BE FUU.Y
EXTENIlED AND COIoIPIClm AGAINST TRENCH ~.
3. F lHE 8EARtNC CN'N:.tfY or TRENCH BED
RES1SI1NG OOWNWARD 1HRUST IS USS ~
100 1<N/m2. ClENl SlllNE FOlJNllAllON SHALL
BE PRCMDED I>S OIRECJB) 8Y lHE ENGINEER.
4. WHEN fl111NGS NlE PNl1W..l.Y OR FUU.Y EXPOSED
UNOER PRESSURE, AI..L .IOlNTS uusr BE RESTRAINED.
5. AI..L FlT11NG .JOINTS SHALL BE RfSIRAlNED IN fARlH
FU. APPlJCAllONS. PIPE
8. CAlHOOlC PROTECl1ON, IlONOINC CAIll.E NIl) nw:ER WIRE IlIA.
SHALL BE I>S PER 5-435. 5-439. (mm)
l00a.l
200
300
400
TABLE NO.1
IIINIIoIUU DlIlENSlON Fllft
QWIUIAA 1HRUST BlOCKS
om. PIPE IlWlETER (mm)
NlGl.E l00a.l50 200 300 400
" .25' 400 SOO eoo 700
22.S' 400 SOO eoo 700
45' 450 550 550 750
lKT eoo 700 850 950
TABLE NO.2
"I." U1NIMUU RES1RAlNINC LENGTH (m)
VERTlCH. llEIUCIlON HORIZONTAL
DOWNWARD 1llRIISr UPWNUl 1IlRUST llEIUCIlON
11.25' 22.5' 45' 11 22.5' 45' 11 22.S' 45' lKT
1.5 2.8 4.9 4.9 7.& 10.1 1.& 2.8 4.9 8.1
2.0 3.7 8.3 8.3 9.8 13.1 2.0 3.7 8.3 10.5
2.8 8.2 9.0 8.8 13.4 18.3 2.8 8.2 9.0 14.9
3.8 8.7 11.8 11.2 17.2 23.7 3.8 8.7 lU 19.3
NOTES
JOINT RESTRAINING LENGTH
FOR PVC PIPE
(IN COMBINAllON WITH GRANULAR llfRUST BLOCK)
owo. DAlE: 1991 11
RE\1S1ON NO.. 4
REV. DAlE: 2003 oe
SCAlE: N.ToS.
8-431
"L"
"L"
GRANUlAR THRUST BlOCK
19 mm CRUSHER RUN
UMESTONE COMPACTED TO
98 " PROCTOR 0ENSI1Y.
MECHANICAl. JOINT eM'
-. NOISTURBED GROUND ElEVATION
PLAN DEAD ENDS
"L"
GRANUlAA THRUST BlOCK
19 nvn CRUSHER RUN
UIIESTONE COMPACTED TO
~ 98 " PROCTOR 0ENSI1Y.
i ElEVATION
LS 11} ~
RESTRAINED TEE
WHERE PI'( IS 1WO SIZES lAAGER OR
IotORE TO REDUCED PIPE.
.... 300 ..10 150 .
1RENCH W10TH 200 . 10 100 .
PLAN R~NED REDUCER
TRENCH W10TH
"L"
GRANUINl THRUST BlOCK
19 nvn CRUSHER RUN
UIlESTONE COIIPICIID TO
98 " PROC1OR 1lENSI1Y.
UNDIS1lJRIlED GROUND
ElEVATION
RES11lAINED
TRENCH _
PLAN
PLUGGED CROSS
3. GIWI\JlNl THRUST BlOClCS SHAll. BE ENa.Osm WI1H
FILlER FABRIC F GROUI<<I WAlER T~ IS _ THE
1RENCH BED OR F GROUND WAlER IS SEEPING
THROUGH 1RENCH WAlLS.
4. WHEN FIlTINGS NlE. PARlW.l.Y OR FUlLY EXPOSED
UNDER PRESSURE. AU. JOIlfl'S IotIIST BE RESI1WNED.
5. ~ ~ SHAll. BE RESl'RAINm IN F.NlTN
a.CATHODIC PlIOIEC11ON. BONOINO Co\Ill.E 11m 1lW:ER
WIRE SHAll. BE /oS PER ~ 5-439.
7. AU. SlOES SHAll BE RESl'RAINED FOR IN LINE 'InS.
PIPE
IlIA.
1001:150
200
300
400
NOTES
1. AU. JOINT5 ENCOUHTERED WITHIN THE SPEClF1ED
I RESl'RAINING lENGTH "L' SHAll. BE RES11lAINED FROIoI
1IlE FIRST JOINT ON FITl1NG.
2. CIWIU\JIR 11IRUST BlllCK5 SHAll. BE FUlLY EXm<<lED
11m COIIPACIm Nlo'lNST TRENCH WIUS. F 1RENCH
WAU. ARE SA1\JRATED OR 1llSTIIftBED. SPECW. DESIGN
I DEl"AILS OF' THRUST RES1IWNT SHAll. BE PROIIIDED BY
THE ENGINEER FOR RE'IltW BY THE REGION.
THRUST BLOCK FOR PVC WATERMAlNS
FOR HYDRANT RUNOUTS, TEES
AND DEAD ENOS
I
'I.' MIN. RESl'RAINlNG
LENGTH (m)
15.2
19.8
27.7
38,J
DWO. D/,IE: 1991 11
REWiKlN 110.: 8
REV. DAlE: 2003 D8
SCAl.El II. T.I.
8-433
~
(I-
4,~
.pit!
NOTES
I. _ SIW.L BE ~ AT lVSI' 1.0 m _v FROIl
1HE ...,101 S'ISIDt ~ _ 15 DEEP 15
1HE IIOl1llII Of 1HE N'P\JRIEIWlCES. --.. DCSTNlCE
IIElllml NlOOES SIW.L BE 1.0 on.
2. AU. IIONDIHCl _ _ CAIU CONNEl:IlOHS SIW.L lIE
1HERIoflE WE1JlED. AU. 1HERIoflE mo CONNECI1OHS 5IWJ.
BE CQQUl WII1l HI N'PAO'IED CO/I1Illl IM1DlW..
J. IIONOINQ CAIU 5IWJ. BE NO. e. $E'IEN Sl1WIO
CQQUl CXll'PEII -. _ 1Q Fl111NllS.
4. 11.4 loa ZINC _ SIW.L BE SUPPUED _ INSWLED II
A _ N'PAO'IED BY 1HE RElllOIl FOR f.'otRY
1000 m Of 'I1W:ER fftRE lNSl'HJ.Dl.
II. _ _ QlIILES 5IWJ. BE IILUE _
ZINC _ QlIILES &lW.I. BE WIllE.
,,1
,
~:>
..#~~
~jrlI" -t
~
~r1~,
~".
,
~:>
,
~:>
~
~
~
f.~"p
CATHODIC PROTECTION / BONDING
CABLE / TRACER WIRE
FOR PVC AND CPP WATERMAlN SYSTEMS
~~
~i!:;
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DWQ, DAm 1111 04
_ NO.1 II
REV. DAm 10
IlW.EI II. T'"
8-436
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,/1
~
s.:JF
~
s.:JF
f!:r
~
~
~
s.:,>>
NOTES
,. N<<lOE'SIW.l. BE PlJaD AT lEAS\' 1.0 m _Y FROM
1HE F1TlINC RIll IlEl.OW OR Lt'Ie.. Wl1Il __
~ DISWICE IIE1WEEN N<<lOES SIW.l. BE 1.0 m.
2. IU IIDNIlINC RIll N<<lOE CHll.E CClHNECI10NS SIW.l. BE
1HERIoI1E 1IElDEIl. IU 1HERIotIlE WEUl CONNECI1ONS SIW.l.
BE COo\lED Wl1Il III _ COo\_ .....1ERW..
3. IIONIllNO CHll.E SIW.l. BE NO. II. SEYEIl S11WIl
COo\lED COPPER WIRE, Co\DWEI.llED 10 FlI11NGS.
4. N<<lOES SIW.l. BE PlJaD IIELOW OR Lt'Ie.. Wl1Il WA1OlI/MI.
II. IlNlNESlUII NlOllE C1HIl.ES SIW.l. BE 8WE RIll
ZINC N<<lOE C1HIl.ES SIW.l. BE lIHIIE.
_ DAlE: 1801 11
. _NO.1 II
CATHODIC PROTECTION / BONDING CABLE RtV. DAlE: 1002 10
ICAIEI N. T,I,
FOR EXISTING FERROUS WATERMAlN SYSTEMS 8-439
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CORPORATION OF THE MUNICIPALITY OF CLARlNGTON
CONTRACT NO. CL2005-13
GEOTECHNICAL INVESTIGATION
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STATION STREET RECONSTRUCTION
HAMLET OF ORONO
LOG OF BOREHOLES
Project No. 95-G-167
Borehole B-1 - station 1+013 O/S 6.0m Rt. Of C.L. Moisture Content
0 75 mm Asphalt
75 900 mm Ok. Brown Granular Fill 6.8%
- moist
- strong petroleum odour
900 mm Borehole terminated
Augered into buried tank
Borehole B-2 - station 1+046 O/S 5.5m Rt. of C.L.
o - 1830 mm
Br. si. Fi. Sand, trace gravel 10.5%
- moist to very moist
- slight petroleum odour 17.8%
near surface
Lt. Grey sand and silt TILL 9.85
- moist to wet 12.0%
Borehole terminated
Standpipe installed
Borehole dry on completion. No cave in.
Groundwater level at 1.33 m on December 12, 1995.
1830 - 4570 mm
4570 mm
Borehole B-3 - station 1+102 O/S 1.5m Rt. of C.L.
o 75 mm
75 610 mm
3960 mm
Asphalt
Ok. Brown
- damp to
Rd/Br si.
- moist
Lt. Grey sand and silt Till
- damp to moist
- compact
- cobbles and boulders @ 1525
Borehole terminated. Refusal to augering
Boulder inferred.
Borehole dry on completion. No cave in.
15.6%
7.5%
7.9%
Granular FILL
moist
fi. sand, trace
gravel
610 - 1525 mm
1525 3960 mm
Plate No.
2
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STATION STREET RECONSTRUCTION
HAMLET OF ORONO
LOG OF BOREHOLES
Project No. 95-G-167
Borehole B-4 - Station 1+161 OIS 0.8m Rt. of C.L.
Moisture Content
0 95 mm
95 610 mm
610 760 mm
760 - 1980 mm
1980 - 3660 mm
3660 - 4570 mm
4570 mm
Asphalt
Ok. Br. Granular Fill
- damp to moist
Gr=22% 8.0%
Sa=69%
Si&Cl=9%
Ok. Br. si. sand, some gravel
- moist
Rd/Br grav. sand,
- damp
4.9%
Gr=l1% 9.6%
Sa=71%
Si&cl=18%
Br. si. sand
- very moist
Br. coarse sand, some silt
- wet
Borehole terminated.
Standpipe installed.
Borehole caved in @ 2210mm.
Standpipe plugged at 0.3m. No reading.
19.6%
16.8%
Borehole B-5 - station 1+061.5 Princess Street OIS 1.2m S. of C.L.
o 65 mm
65 - 1525 mm
4570 mm
Asphalt
Br. Gran. Fill
- damp to wet
Br. Sand and Silt Till, trace clay
Lt. Gr. Sand and silt Till
- moist
Borehole terminated.
Borehole wet @ 4375 on completion.
Borehole caved to 3960.
4.5%
1525 - 3350 mm
3350 - 4570 mm
22.4%
12.4%
Borehole B-6 - Station 1+239 O/S 1.5m Rt. of C.L.
0 100 mm
100 - 610 mm
610 - 760 mm
760 - 1220 mm
1220 4570 mm
4570 mm
Asphalt
Ok. Br. Gran. Fill
Bk. med. sand
- possibly surface treated
Ok. Gr. Grav. Sand, trace clay
- damp
Rd. Br. to Gr. si. Sand, trace gravel
- very moist to wet
Borehole terminated.
Borehole wet @ 2290 on completion.
Borehole caved @ 2440 mm.
7.0%
11. 4%
13.1%
16.9%
Plate No. 3
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STATION STREET RECONSTRUCTION
HAMLET OF ORONO
LOG OF BOREHOLES
project No. 95-G-167
Borehole B-7 - station 1+333 OIS 1.7 m Rt. of C.L.
Moisture Content
0 90 mm
90 305 mm
305 460 mm
460 - 2130 mm
2130 - 3200 mm
3200 - 4570 mm
4570 mm
Asphalt
Gr. Gran. Fill
Bk. med. Sand
- possibly surface treated
Bk. to Gr. si. Sand
- moist
2.3%
6.2%
Gr=19% 11.1%
Sa=61% 15.9%
Si&cl=20%
Gr. si. Clay
- med. plasticity
- moist
Gr. si. Sand
- v. moist to wet
Borehole terminated.
Borehole wet @ 2740mm on completion.
Borehole caved @ 3810mm on completion.
Standpipe installed.
Surface water filling standpipe
on December 12, 1995.
31.0%
19.2%
Borehole B-8 - station 1+380 OIS 1. 6m Rt. of C.L.
0 50 mm Asphalt
50 305 mm Br. Gran. Fill
- damp
305 460 mm Bk. med. sand
- possibly surface treated 11.1%
460 - 1980 mm Br. si. Sand, some gravel 12.7%
- moist to very moist 14.7%
1980 - 3200 mm Gr. si. Clay 17.2%
- moist
3200 - 4760 mm Gr. si. Sand
- moist 14.0%
4760 mm Borehole terminated
Borehole dry on completion
Borehole caved to 1520 mm
Plate No. 4
.. . ~-- --.. -._. -~_.
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STATION STREET RECONSTRUCTION
HAMLET OF ORONO
LOG OF BOREHOLES
Project No. 95-G-167
Borehole B-9 - Station 1+407 O/S 0.6m Rt of C.L. Moisture Content
0 60 mm Asphalt
60 760 mm Br. Gran. Fill 2.8%
- damp
760 - 2290 mm Br. to Gr. si. Sand Gr=2% 5.3%
- damp to very moist Sa=37% 15.0%
Si&cl=61%
2290 - 4570 mm Gr. sa. silt 16.8%
- very moist to wet 16.4%
4570 mm Borehole terminated
Borehole caved @ 2740 rom
Borehole B-10 - station 1+099 Cobbledick Street O/S 5.0 m Lt
o 70 mm
70 760 rom
4570 mm
Asphalt
Br. Gr. Fill
- damp
Bk med. sand
- possibly surface treated
Br. Gran. Fill
- damp
Br. si. sand
- very moist to wet
Gr. sa. silt
- wet
Borehole terminated
Borehole dry on completion
Borehole caved @ 3050 rom
standpipe Installed
4.7%
760 - 1070 mm
1070 - 1525 mm
7.7%
19.2%
17.0%
1525 - 3660 mm
3660 - 4570 mm
16.2%
Borehole B-11 - Inside Orono Lumber Compound E of Gate
0 180 mm Br. Gran. Fill 11.0%
180 760 mm Bk. to Br. si. Sand 14.2%
- damp to moist
760 1525 mm Rd. Br. Sa silt, Some clay 16.5%
- moist to very moist
1525 4570 mm Gr. si. Sand 16.3%
- moist to wet 12.7%
4570 mm Borehole terminated.
Borehole wet @ 200mm on completion.
Borehole caved @ 1830 rom.
Groundwater level at 3.0m
on December 12, 1995.
Plate No. 5
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STATION STREET RECONSTRUCTION
HAMLET OF ORONO
LOG OF BOREHOLES
Project No. 95-G-167
Borehole B-12 - Station 0+154 Rowe Street
Moisture Content
0 65 mm Asphalt
65 610 mm Br. Gran. Fill
- damp
610 - 1730 nun Br. sa. Silt 12%
- moist 13.5%
1730 - 4570 mm Br. sand and silt Till 8.1%
- moist
- cobbles and boulders @ 183 o nun 10.5%
4570 mm Borehole terminated.
Borehole dry on completion. No cave in.
Borehole B-13 - 2m S of C.L. of N. Station Street
o 65 nun
65 460 mm
Asphalt
Br. Gran Fill
- damp
Br. Sa. silt, some clay
- some organics
- very moist to wet
Gr. si. Sand, trace grav.
- moist to very moist
Borehole terminated
Borehole dry on completion.
No cave in.
460 3200 mm
17.6%
20.3%
29.9%
13.0%
3200 - 4570 mm
4570 mm
Plate No. 6
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CORPORATION OF THE MUNICIPALITY OF CLARINGTON
CONTRACT NO. CL200S-13
OPS GENERAL CONDITIONS OF CONTRACT
(September 1999)
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ONTARIO PROVINCIAL STANDARDS
FOR
ROADS AND PUBLIC WORKS
GENERAL CONDITIONS OF CONTRACT
SEPTEMBER 1999
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II
GENERAL CONDITIONS OF CONTRACT
Table of Contents
SEcnON GC 1.0 -INTERPRETATION
GC 1.01 Captions............................................................................................... .................... 1
GC 1.02 Abbreviations ........ .................................................................................. ...... ........... 1
GC 1.03 Gender and Singular Referenoes............................................................................ 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
SEcnON GC 2.0 - CONTRACT DOCUMENTS
GC 2.01 Reliance on Contract Documents............................................................................ 7
GC 2.02 Order of Precedence ............................................................................................... 7
SECTION GC 3.0 - ADMINISTRATION OF THE CONTRACT
GC 3.01 Contract Administrator's Authority ........................................................................... 8
GC 3.02 Working 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 Time................................,.................................................. 10
GC 3.08 Delays.................................................................................................................... 11
GC 3.09 Assignment of Contract......................................................................................... 11
GC 3.10 SUbcontracting by the Contractor.......................................................................... 11
GC 3.11 Changes ................................................................................................................12
GC 3.11.01 Changes In the Work............................................................................................. 12
GC 3.11.02 Extra Work.............................................................................................................12
OP8o..-eo._.of~. ',pl'_'l_
T..... of ConlIIIlI.1
GC 3.11.03 Additional Work .....................................................................................................12
GC 3.12 Notices.......................................... ...................... ......... ......... ................ ................. 12
GC 3.13 Use and Occupancy of the Work Prior to Substantial Perfonnance ..................... 13
GC 3.14 Claims, Negotiations, Mediation............................................................................ 13
GC 3.14.01 Continuance of the Work....................................................................................... 13
GC 3.14.02 Record Keeping..................................................................................................... 13
GC 3.14.03 Claims Procedure .................................................................................................. 13
GC.;3.14.04 Negotiations........................................................................................................... 14
GC;3.14.05 Mecfllllion ............................................................................................................... 14
GC 3.14.06 Paymenl....................;........................................................................................... 14
GC 3.14.07 Rights of Both Parties............................................................................................ 15
GC 3.15 Engineering Arbibalion...........................................................................................15
GC 3.15.01 Conditions for Engineering Arbitralion................................................................... 15
GC 3.15.02 Arbitration Procedure............................................................................................. 15
GC 3.15.03 Appointment of Arbitrator....................................................................................... 15
GC 3.15.04 Cosls...................................................................................................................... 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 Permits .......................................................................................... 17
GC 4.03 Management and Disposition of Materials ............................................................ 17
GC 4.04 Construction Affecting Railway Property.............:..............................................:.. 18
GC 4.05 Default by the Contraclor....................................................................................... 18
GC 4.06 NolificatIon of Default ............................................................................................ 18
GC 4.07 ContractoI's Right to Correct a Default.................................................................. 18
GC 4.08 OwneI's Right 10 Correct Default........................................................................... 18
GC 4.09 Tennlnalion of Conlr8clor's RIght 10 Continue the Work....................................... 18
T_"'~_.
OP8~Coo iIIlI....""'~-' .\ .ll-1_
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GC4.10
GC 4.11
GC4.12
GC4.13
Final Payment to Contractor.................................................................................. 19
Termination of the Contract..................................... ................................. ............. 19
Continuation of Contractor's Obligations ............................................................... 19
Use of Performance Bond ..................................................................................... 19
SECTION GC 5.0 - MATERIAl
GC 5.01
GC 5.02
GC !!.O3
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
SubstibJtions ........................................................................................................... 20
Owner SUpplied Material.......................................................................................21
Ordering of Exces'S 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 6.03.05.04
GC 6.03.06
GC 6.03.07
GC 6.04
Protection of Work, Persons and Property ............................................................ 23
Indemnification ...................................................................................................... 23
Contractor's Insurance...........................................................................................24
General..................................................................................................................24
General Liability Insurance .................................................................................... 24
Automobile Liability Insurance ............................................................................... 24
Aircraft and Waten:raft Liability Insurance............................................................. 25
Property and Boiler Insurance............................................................................... 25
Property Insurance ................................................................................................ 25
Boller Insurance..................................................................................................... 25
Use and Occupancy of the Work Priorto Completion........................................... 25
Payment for Loss or Damage..............................:................................................. 26
Co..baChA's Equipment Insurance ........................................................................ 26
Insurance RequIrements and Duration.................................................................. 26
Bonding..................................................................................................................27
GC 7.01
SECTION GC 7.0 - CONTRACTOR'S RESPONSIBIUTlES AND CONTROL OF THE WORK
General..................................................................................................................28
T_or~..
OPSGener8I Cond_ or~...~11 ....... ,_
GC 7.02
GC 7.03
GC 7.04
GC 7.05
GC 7.06
GC 7.07
GC 7.08
GC 7.09
GC7.10
GC7.11
GC 7.12
GC7.13
GC 7.14
GC7.15
Layout....................................................................................................................29
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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 In!enuption of Utility Services ....... 31
Approvals and Permits ..........................................................................................31
Suspension of Work .............................................................................................. 32
Conlractor's Right to Stop the Work or Tennlnate the COntl'acl............................ 32
Nolices by the Contractor .................;..................................................................., 32
Obstructions...........................................................................................................33
Umltations of Operations ....................................................................................... 33
Cleaning Up Before Acceptance ........................................................................... 33
Wananty ................................................................................................................33
SECTION GC 8.0 - MEASUREMENT AND PAYMENT
Measurement......................................................................................................... 35
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
Quantilies...............................................................................................................35
Variations in Tender Quantities ............................................................................. 35
Paymenl................................................................................................................ 35
Price for Work........................................................................................................ 35
Advance Payments for Ma!erial......................................................!...................... 36
Certification and Payment ..................................................................................... 36
Progress Payment Certifica!e................................................................................ 36
Certification of Subcontract Complelion.............:.................................................. 37
Subcontract Statutory Holdback Release Certificate and Payment...................... 37
Certification of Substantial Perfonnance............................................................... 37
Substantial Performance Payment and Substantial Perfonnance Statutory
Holdback Release Payment CertIficates............................................................... 38
Cerlilication of Completion .................................................................................... 38
Completion Payment and Completion Statutory Holdback Release
Payment CertIficates ............................................................................................. 39
1ntefe8t.......................... ........................................ ................................................. 39
1ntefe8t for Late Payment ...................................................................................... 39
1ntefe8t for Negotiations and Claims ..................................................................... 40
Owner's Set-Off .....................................................................................................40
T.... of ConlInta - Iv
OP80eneI8leo.lIIl~,.ofConlncl.8 ,,11 ..b.41t11ll
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GC 8.02.03.12 Delay in Payment ..................................................................................................40
GC 8.02.04 Payment on a Tune and Material Basis................................................................. 40
GC 8.02.04.01 Definitions .............................................................................................................. 40
GC 8.02.04.02 Daily Work Records...............................................................................................41
GC 8.02.04.03 Payment forWork.................................................................................................. 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 Tune ........................................................................................................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 Work by Subcontractors.................................................................... 43
GC 8.02.04.09 Submission of Invoices..........................................................................................43
"GC 8.02.05
GC 8.02.06
GC 8.02.07
Final Acceptance Certificate.............................................................................. .... 43
Payment ofWorkers.........................................................,....................................44
Records .................................................................................................................44
GC 8.02.08
GC 8.02.09"
Taxes and Dulies................................................................................................... 44
" "Liquidated Damages....................................................,.........................................45
ops o.n...l Coo_IS t1I Coo*8cI- _1"_1888
T_t1I~-V
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GC 1.01
Ontario Provincial Standards
for
Roads and Public Works
September 1999
GENERAL CONOmONS OF CONTRACT
SEcnON 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"
"ANSr
"ASTM"
"AWG"
"AWWA"
"CESA"
-eGSS"
"CSA"
"CWS-
"GC"
"MOE"
"MTC"
"MTO"
"MUTCD"
oOPS"
-"OPSD"
-oPSS"
"PEO"
"SAE"
"SSPC"
"UL"
"ULC"
GC 1.03
-American AssocIation of State Highway Transportation Officials
- American National Standards Institute
- American SocleIy for Testing and Materials
- American WIJ'e Gauge
- American Water Works AssocIalion
Canadian Engineering Standards Association
Canadian General Standards Board
Canadian Standards AssocIa\ion
Canadian Welding Sureau
General Conditions
Ministry of the Environment (Ontario)
Ministry of Trans~ Illolion (Ontario)
Ministry of Transportation (Ontario)
Manual of Uniform Traffic Control Devices. published by MTO
Ontario Provincial Standard
Ontario Provincial Standard Drawing
Ontario Provincial Standard Specification
Professional Engineers Ontario
Society of Ai.Iloglo\ive Engineers
Structural Steel Painting Council
Underwriters Laboratories
Underwriters Laboratories Canada
Gender and Singular References
.01 References to the mascuUne 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 Omits of the
Work.
OPS o.-w c--.o/~-s...-.Ibeo ,.
,..,
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 Contrael Administrator in
accordance with clause GC 8.02.03.02, Certification of Subcontract Completion.
Certificate of Substantial Perfonnance: means the certificate issued by the Contrael Administrator at
Substantial Perfonnance.
,
Change Directive: means any written instruction signed by the Owner, or by the Contract Administrator
where_so authorized, directing that a Change in the WoIk or Extra Work be performed.
:e,'
Change In the Work: means the deletion, extension, Increase, decrease or alteration of lines, grades,
dimensions, quantities, methods, drawings, substantial changes In geotechnical, subsurface, surface or
other conditions, changes in the character of the Work to be done or materials of the WorK or part thereof,
.within~ 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 estabflShing the basis for payment and the
time allowed for the adjustment of the Contract Tme.
Completion Certlf'lCllte: 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 prescribed in the Contract Documents.
Contract Administrator: means the person, partnership or corporation designated by the Owner to be
the Owner's representative for the purpo~es of the Contract.
Contract Documents: mean the executed Agreement between the Owner and the Contractor, the
Tendef'. 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 soli pIOfiles, foundation investigation reports, reinforcing steel
schedules, aggregate souroes lists, Quantity Sheets, aoss-sections and standard drawings.
Contract Time: means the time stipulated in the Contract Documents for Substantial Performance of the
Work, Including any extension of Contract Time made pursuant to the Contract Documents.
Contractor: means the person, partnership or corporation undertaking the WoIk as Identified in the
Agreement
Controlling Operation: means any component of the Work, which, If delayed, will delay the completion of
the WoIk.
-:.-::
"-2
OPS ~ Coolclllol" fA Cal*8cl. 8 .11 .Iber 18llll
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Cost Plus: See 'Tme and Material".
Cut-off Date: means the date up to which payment will be made for wor1t performed.
Daily Work Records: mean daily Records detailing the number and categories of workers and hours
worked or on standby; types and quantities of Equipment and number of hours in use or on standby; and
description and quantities of Material utilized.
Day: means a calendar day.
Drawings: or Plans: mean any Contract Drawings or Contract Plans or any Working Drawings or
Working Plans, or any reproductions of drawings or plans pertaining to the Work.
Equipment: means aU machinely and equipment used, for, preparing, fabricating, conveying or erecting
the Work and normally referred to as construclionmachinely and-equipmenl
. Estimate: means'atalCulatibn of the qllantityor'Cost-of.theWork'Ol'part~ltidependingon the conteXt.
Extra Work: means work not provided for in the Contract as awarded but considered by the Contract
Administrator to be essential to the 'satisfactory completion of the~Contract. within Its intended scope,
including unanticipated work required to comply with legislation and regulations which affect theWork.
Final Acceptance Certificate: means the certificate issued by the Contract Administrator at Fmal
Acceptance of the Work.
Flrlal 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.
ForceAccount: 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 orfiU.
Grade: means the required elevation of that part of the work.
Hand Tools: means tools that are commonly called tools or.implementsof.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
pubflC for the passage of vehicles and includes the area between the lateral property lines,thereof.
Lump Sum Item: means a tender item indicating a portion of the Work for which payment will be made at
a single tendered price. Payment is' not based on a measured quantity; although a quantity may be given
in the Contract Documents.
Major Item: ,means ,any tender item that has a value, calCulated on the basis of Its actual or estimated
tender quantity, whichever is the larger, multiplied by Its tender unit price, which is equal or greater than
the lesser of,
a) $100,000, or
b) 5% of the total tender value calCulated on the basis of the total of all the estimated tender
quantities and the tender unit prices.
Material: means material, machinery, equipment end fixtures forming part of the Work.
OP8__CanIllIlo..oI~.8l.1 ,_18l1ll
P8ge 3
Owner: means the party to the Contract for whom the Work is being pertonned, 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 - PorUand cement concrete, or plant or road mixed mulch.
Perfonnance Bond: means the type of security furnished to the Owner to guarantee completion of the
Work in accordance with the Contract and to the extent provided in the bond.
Plan Quantity: means that quantity as computed from within the boundary lines of the Work as shown in
the Contract Documents.
l..,.,
Project means the construction of the Work as contemplated by this Contract.
Quantity Sheet means a list of the quantities of Work to be done.
Rate"?f Interest means the rate determined by the Minister of rlll8f1ce of Ontario.and issued by, and
avaiIab!e from, the Owner.
.<j!i;..,
Records: mean any books, payroUs, accounts or olher information which relate to the Work or any
Change in the Work or claims arising therefrom. .
Roadway: means that part of the Highway designed or intended for use by vehicular traffic and includes
the Shoulders.
Shoulder: means that portion of the Roadway between the edge of the wearing surface and the top
inside eclge of the ditch or flU slope.
Special Provisions: mean special directions containing requirements peculiar to the Work.
Standard Specification: means a standard practice required and stipulated by the Owner. for
performance of the Work.
Subbase: means a layer of material of specified type and thickness between the Subgrade and the Base.
Subcontractor: means a person, partnership or corporation undertaking the execution of a part of the
Work by virtue of an agreement with the Contractor.
....tob-,
SUbgrade: means the earth or rock surface, whether in cut or fill, as prepared to support the Base,
Subbase. and Pavement
~, ....
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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 Contraclol's authorized representative In responsible charge of the Work.
Surety: means the person, partnership or corporation, other than the Contractor. licensed In Ontario to
transact business under the Insurance Act, R.S.O. 1990. c.1.8, as amended, executing a bond provided by
the Contractor.
Tender:' means an offer in Writing from the Contractor, submitted in the format prescribed by the Owner,
to complete the Work.
Time and Material: means cosls calculated according to clause GC 8.02.04, Payment on a Time and
Material Basis. Where "Cost Plus" and "Foroe Account" are used they IhaJI have the same meaning.
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CPa 0eMNl eo. 1IIIcJ.. of Conac:l- 8epIon1llel ,.
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utility: means an aboveground or underground facility maintained by a municipality, public utility authority
or regulated authority and includes services such as sanitary sewer, stonn 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 Wol1<. Where a date of
Substantial Performance is not estabflShed, the Warranty Period shall commence on the date of
Completion.
Work: means the total construction and related services required by the Contract Documents.
Working Area: means all the lands and 'easements owned or acquired by the OWner for the'construction
of the Wol1<.
Working Day: means any Day,
a) except Saturdays, Sundays and statutory holidays;
. b) .' except a'Oayas 'deterriliilecl' b)'lheContJ1fct'Adminlslratllr; 'on'Whlch'the--oontractorisprevented by
. .. inclement weather or conditions resultingimmecflalely1he.ef,om;mxn 1ll000000ing.witt\'8.Controlling
'Operation. C' FOr the p(Jrposesof this definition, thlSwill.be a 'Osy'Cluring'whiclr the Contractor 'cannot
proceed with at least 60% of the normaJ labour and equlpmenfforce effectively engaged on the
Controlling Operation for at least 5 hours;
c) except a Day on which the Contractor is prevented from proceeding with a Controlling Operation, as
determined by the Contract Administrator by reason of,
l any breach of the Contract by the Owner or if such prevention is due to the OWner, another
contractor hired by the Owner,' or an employee of any one of them, or by anyone else acting on
behaif of the Owner. .
iI. on-delivery of OWner-supplied materials,
ili. 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 Worldng Plans: . means any Drawings or Plans prepared by .the Contractor for the
execution of the WexX and may, without fimiting the generafity thereof, Include faISeworle plans, Roadway
protection plans, shop drawings, shop plans or erection diagrams.
GC 1.05
Substantial Performance
.01 The WexX is substantially perfomled,
a) when the WexX to be' peIformed under the Contract or a substantial part' thereof is ready for use
or is being used for the purpose Intended; and
b) when the Worle to be performed underthe.Contractis"capable'of compIetion<<,where there is a
known defect, the cost of correction, is not more than
I. 3% of the first $500,000 of the Contract price,
rL 2% of the next $500,000 of the Contract price, and
i1i. 1 % of the balance of the Contract price.
.02 For the purposes of this Contract, where the Worle or a substantial part thereof is ready for use or is
being used for the purposes intended and the remainder of' the WexX cannot be completed
expeditiously for reasons beyond the control of the Contractor or, where the Owner and the
Contractor agree not to complete the WexX expeditiously, the price of the services or materials
remaining to be supplied and required to complete the WexX shall be deducted from the Contract
price In detenninlng Substantial Performance.
OPS-..eoo_.oAConInIcI....-l_
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GC 1.C16
Completion
.01 The Work shall be deemed to be completed and services or Materials shall be deemed to be last
supplied to the Work when the price of completion, correction of a known defect or last supply is not
more than the lesser of,
a) 1% of the Contract price; or
b) $1,000.
GC 1.07
Final Acceptance
.01 Final Acceptance shall be deemed to occur when the Contract Administrator is satisfied that, to the
best of the Contract Administrator's knowledge at that time, the Contractor has rectified all imperfect
work and has discharged all of the Contractor's obligations under the Contract.
GC 1.08
Interpretation of Certain Words
.01.)}1e words "acceptable", "approval", "authorized". "considered recessary". "di~, "required".
. :.:~-:~, or words of like import, shall mean approvaJ of, directed, required. considered
7recessary or authorized by and acceptable or satisfac:lDry to the Contract Administrator unless the
context clearly indicates otherwise.
..-",.',.""
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"-8
0P8 o.n..I CoI_.. 01 Connct. '1111 .......1_
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SECTION GC 2.0 . CONTRACT DOCUMENTS
GC 2.01
Reliance on Contract Documents
.01 The Owner warrants that the infonnation furnished in the Contract Documents can be relied upon with
the following limitations or exceptions:
a) The location of all mainrme underground utilities which will affect the WorK will be shown to a
tolerance of:
i. 1 m horizontal and
ii. 0.3 m vertical
b) The Owner does not warrant interpretations of data or opinions expressed in any Subsurface
Report available for the perusal of the Contractor and excluded from the Contract Documents; and
c) Other information specifically excluded from this warranty.
GC 2.02
Order of Pfecedence
.01 In the event of any inconsistency or conflict in the contents of the following documents, such
documents shall take precedence and govern In the following order:
a) Agreement
b) Addenda
c) Special Provisions
d) Contract Drawings
e) Standard Specffications
f) Tender
g) SUpplemental General Conditions
h) General Conditions
l) Working Drawings
Later dates shall govern within each of the above categories of documents.
.02 In the event of any conflict among or inconsistency in the infonnaIion shown on Drawings, the
following rules shall apply:
a) Dimensions shown in figures on a'Drawing shall govern where they cflffer from dimensions scaled
from the same drawing;
b) Drawings of larger scale shall govern over those of smaller scale;
c) Detailed Drawings shall govern over general Drawings; and
d) Drawings of a later date shall govern over those of an earlier date in the same series.
.03 In the event of any conflict In the contents of Standard Specifications the following order of
precedence shall govern:
a) Ontario Provincial Standard Speclfications; then
b) Other Standard Specifications, such as those produced by CSA, CGSB, ASTM and ANSI, and
referenced in the Ontario Provincial Standard Speclficatlons.
.04 The Contract Documents are complementary, and what is required by any one shall be as binding as
if required by all. "
OPS General Cooldlllona III ConINcl........- ,.
"'7
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GC 3.01
SECTION GC 3.0 - ADMINISTRATION OF THE CONTRACT
Contract Administrator's Authority
.01 The Contract Administrator will be the Owner's representative during construction and until the
issuance of the Completion Certificate or the issuance of the Final Acceptance Certificate whichever
is later. All instructions to the Contractor including instructions from the ONner 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 oIher matters in question relating to the performance and the quality of the
Work or the interpretation of the Contract Documents shall be refened to the Contract Administrator.
.03 The Contract Administrator WIll inspect the Work for its confonnity with the plans and specifications,
a,gd 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
,aJlJmp sum price conlIacl
..' r.:~
.04 "~ Contract Administrator will determine the amounts owing to the Contractor undfir the Conlract
and WIll issue ceI1ificates for payment In such amounts as provided for in Section GC 8.0,
Measurement and Payment
The Contract Admlnlstralor will with reasonable promplness review and take appropriate action upon
the Conlractor's submissions such as shop drawings, product data, and samples In acconfanoe with
the Contract Documents.
The Contract Administrator WIll Investigate all allegations of a change in the character of the Work
made by the Contractor and issue appropriate instructions.
The Contract Administrator will prepare Change Directives and Change Orders.
Upon written apprlC8tion by the Contractor. the Contract Admlnlslrator and the Contractor will joinUy
conduct an inspection of the Work to establish the date of Substantial Performance of the Work
, and/or the date of Completion of the Work.
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 Admlnislrator will not show partiality to either party,
.~ .~
.10 The Contract Administrator will have the authority to reject part of the Work or Material which does
not conform to the Contract Documents,
.11 Defective work, whether the result of poor wor1Gnanship, use of defective material. or damage
through carelessness or other act or omission of the Contractor and'whether incorporated in the Work
or not, which has been rejected by the Contract Administrator as falling to conform to the Contract
Documents shan be removed prompUy from the Work by the Contractor and replaced or re-executed
prompUy in accordance with the Contract Documents at no additional cost to the Owner.
,12 Any part of the Work destroyed or damaged by such removals, replacements or re-executions shall
be made good, prompUy, at no addillonal cost to the Owner.
,13 If, in the oplnion of the Contract Administrator. It is not expedient to correct defective work or work not
performed in aCCOldance with the Contract Documents. the Owner may deduct from monies
otherwise due to the ConIractor the difference in value between the work as performed and lhel
called for by the Contract Admlrdl!fl......',
.. .05
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.06
.07
. .08
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.09
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.14 Notwithstanding any inspections made by the Contract Administrator or the issuance of any
certificates or the making of any payment by the Owner, the failure of the Contract Administrator to
reject any defective work or Material shall not constitute acceptance of defective work or Material.
.15 The Contract Administrator will have the authority to temporanly suspend the Work for such
reasonable time as may be necessary to facilitate the checking of any portion of the Contractor's
construction layout or the inspection of any portion of the Work. There shall not be any extra
compensation for the suspension of work.
GC 3.02
Working Drawings
.01 The Contractor shall arrange for the preparation of clearly identified and dated Working Drawings as
called for by the Contract Documents.
.02 The Contractor shall submit Working Drawings :to1he"Contraet'Mministrator with reasonable
promptness and in OIderly sequence so as to-not cause delay'in' theWork. "If~ the 'Contractor or
the ContraetAdminlstrator so requests they shaIlJoinUyprepare''ll''schedlile fixing the ,dates for
submission and retum of Working Drawings. Working Drawingsshall,besubmltted in printed form.
A1the time of submission the Contractor shan notify the Contract Administrator in writing of any
deviations from the Contract requirements that exist in theWorking Drawings.
.03 The Contract Administrator will review and retum Working Drawings in accordance' with an agreed
upon schedule, or otherwise, with reasonable promptness so as not to cause delay.
.04 The COntract Administrator's review will be tochE!ck for '.Alt,romo!ty to the' design -concept and fer
general an'llngement only and such review shall not relieve the Coub aGklr of responsibllity 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 Contraet.Adminisbator may
require consistent with the Contract Documents and resubmit unless othelwise directed by, the
, Contract Administrator. ' When resubmitting, the ConlracfIor shaRnotify the Contract Administrator in '
writing "of any reVisions other than those requested by the 'Contract Administrator.
.06 Work related to the Working Drawings shall not proceed until the Working Drawings have been
signed and dated by the Contract Administrator and marked with the words "Reviewed. Pennission
to construct granted."
.07 The Contractor shall keep one set of the ,reViewed Working Drawings; marked;as above, at the site at
all times.
GC 3.03
RIght of the Contract Administrator to Modify Methods and Equipment
.01 The Contractor shan, when requested in writing, make alterations'in the method, Equipment or work
force at any time the Contract Administrator considers the Cu..b actor's actions to be unsafe, or
damaging to either the Work or existing facilities or the environment
.02 The Contractor shaH, 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 foregotng, the Contractor shall ensure that all necessary safety precautions and
protection are maintained throughout the Work.
OP8o.n..lCocwlllol.oI~.8,,,lJmbell-
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GC 3.04
Emergency Situations
..'
.01 The Contract Administrator has the right to determine the exislence of an emergency situation. and
when such an emergency situation is deemed to exist, the Contract Administrator may instruct the
Contractor to take action to remedy the situation. If the Contractor does not take timely action, or if
the Contractor is not available, the Contract Administrator may direct others to remedy the situation.
.02 If the emergency situation was the fault of the Contractor, the remedial work shall be done at the
Contractor's expense. If the emergency situation was not the fault of the Contractor, the Owner will
pay for the remedial work.
GC 3.05
layout
.01'" The Contract Administrator will provide baserme and benchmark infonnation for the general location,
,.aUgnment and elevation of the Work. The Owner will be responsible only for the correclness of the
:~rmation provided by the Contract Administrator. .
.~.
GC 3.06 Working Area
.Ii:
. __'oi,....,
.01 The COntractor's sheds, site offices. toilets, other temporary structures and storage areas for material
and equipment shall be grouped In a compact manner and maintained in a neat and orderly condition
atall times.
.02 The Contractor shall confine his oonstruction operations to the Working Area. Should the Contractor
. require more space than that shown on the Contract Drawings, the Contractor shall obtain such
space at no additional cost to the Owner.
.03 The Contractor shall not enter upon or occupy any private property for any purpose, unless the
Contractor has received prior wrilIen permission from the property owner.
GC3.D7
extension of Contract Time
.01 An application for an extension of Contract Tme shall be made in writing by the Contractor to the
, Contract Administrator as soon as the need for such extension becomes evident and at least 15 Days
prior to the expiration of the Contract Tme. The application for an extension of Contract Tnne shall
enumerate the reasons. and state the length of extension required.
.02 ,Circumstances suitable for consideration of an extension of Contract Time,lnclude the following:
a) Delays; See subsection GC 3.08. . .
b) Changes In the Work; SeeclauseGC 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 Tlllle,
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 oontinue for such extension of Contract Time.
Pogel0
OPS GennI CancIlIIclM of ~.II~II__ 1_
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GC 3.08
Delays
.01 If the ContradDf is delayed in the performance of the Work by,
a) war, blockades. and civil commotions. errors in the Contract Documents; an act or omission of the
Owner or Contract Administrator. or anyone employed or engaged by them directly or indirectly,
contrary to the provisions of the Contract Documents;
b) a stop work order issued by a court or public authority. provided that such order was not issued as
the result of an act or omission of the Contractor or anyone employed or engaged by the
eo. lb actor direcUy or indireclly;
, , c)the'Cdnlract'Administratorgivingnotice under subsection GC7.09. Suspension ofWOIk;
d) abnonnal inclement weather; or
e) 'arohaeological finds in acc:onIance with subsec:tiol1 GC 3.16; Archaeological Finds.
then the CdnlractorshaU be reimbursed by the Owner tor-reasonable costs incuned by-the Contractor
as the result of such delay, provided that in the case of an application for an extension of Contract
T.me - due to abnormal inc:lementweathel';'the':Culltladot shal~,'with.the~Contractor's.apprlCation.
submit evidence from Environment canada In ,support of such-aPplication....extension of,Contract
Tme will be granted In acc:on:Iancewith subsectionGC3,07;Extension of,Contract,Tme.
.02 If the Work 'is delayed by labour d'ISpUteS, -strikeS orlock"OUts-- incIudinglock-outs decreed or
recommended to-ltsmembels by a'recognlzedcontradDl's associetion, of which 'the Contractor isa
- member or to Which the Cohbactor isolhelwise bound- which are beyond the Contractor's control,
-then the Contract TimEl &halI''be' extended' In'accordance 'wiUl'SubsectionGC'3.07; -Extension of
Contract Tune. In no case shall the extension of Contract Time be less than the time lost as the
result of the event causing the delay, unless a shorter extension-is agreed to by the CUlIb..ctor; - The
Contractor shan liotbe entilled to payment for costsincuned as the'result of-such delaysuntess 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.
GC3.10
Subcontracting by the Contractor
.01 The ContradDf may subcdnlractanypart of the Work; subject to these General Conditions and any
limitations specified in the Contract Documents.
.02 The Contractor shall notify the Contract Administrator, inwriling,'of1heintention-lo suboontracl Such
notification shall Identify the part of the Work; and the Subcontractor with whom it is intended.
.03 The Contract Administratorwill,within 10 oays--ofreceipt ofsuchnotific;ation."accept or reject the
intended Sub..vo.b...Ao{. The rejecIioITwill be 'in writing.and will include the reasons for the rejection.
-.04 The ContradDf shall not, without the written consant of the Owner,-change a Subcontractor-who has
been engaged In accordance with subsaction GC 3.10 SUb..vo,bactihg by the Contractor.
,OS - The Contractor shall preServe and protect the rights of the parties under the Contract with respect to
that part,of the WOlk.to be.pelfonnedunder subcontract and shall,
a) enter into agreements with the intended Subcontractors to require them to perfonn their work In
accordance with the Contract Documents; and
b) be as fully responsible to the Owner for acts and omissions of the Contraclol's Subcontractors and
of persons direclly or indirectly employed by them as for acts and omissions of persons direclly
employed by the CO! d1actor. .
OPS 0.-.1 CooldllOl. "'~. S .11rn1ler 1_
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.06 The Owner's consent to subcontracling by the Contractor shaD not be construed to relieve the
Contractor from any obrlgation under the Contract and shall not impose any liability upon the Owner.
Nothing contained in the Contract Documents shall aeate a contractual relationship between a
Subcontractor and the Owner.
GC 3.11
GC 3.11.01
Changes
Changes in the Work
.c;.
.01 The Owner, or the Contract Administrator where so authorized, may, by order in Writing, make a
Change in the Work without Invalidating the Contract. The Contractor shall not be required to
proceed with a Change in the Work until In receipt of a Change Directive. Upon the receipt of such
Change Directive the Contractor shall proceed with the Change in the Work.
.02 _.1JJe Contractor may apply for an extension of Contract Tme accortfmg to the terms of subsection GC
3:07, Extension of Contract Tine.
.001f.the Changes in the Work re/ate solely to quanlilies, payment for that part of the Work will be made
'e&orcIing to the conditions specified in clause GC 8.01.02, Variations In Tender Quantities. If the
'. Changes in the Work do not solely re/ate 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 Tme.and MaterIal Basis.
.
GC~.11.o2
'. ExtraWork
.01 The Owner, or Contract Administrator where so authorized, may Instruclthe Contractor to perfonn
Extra Work without invafidaling the Contract. The Collb....tv. shaD 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 Tine according to the terms of subsection GC
3.07, Extension of Contract Tine.
.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 TIIT\e and Material Basls.
GC 3.1:1.03
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 perfonn Additional
Work. the Contractor shan proceed with such Adcfdional Work upon receipt of a Change Order.
.02 The Contractor may apply for an extension of Contract TIIT\e according to the terms of subsection GC
3.07, Extension of Contract Time.
.03 Payment for the Additional Work may be negotiated pursuant to subsection GC 3.14, Claims,
Negotiations, Mediation, or payment may be made according to the conditions contained In clause
GC 8.02.04, Payment on a Tine and MaterIal Basis.
GC3.12
Notices
.01 Any notice permitted or required to be given to the Contract AdmlnlsbaU or the Superintendent In
respect of the Work shaD be deemed to have been given to and reoelved 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
maUing if sent by maH.
"- 12
OI'S ~ Cell...... afConlNc:t. Sejlli ,.tel 1.
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.02 The Contractor and the OWner shall provide each other with the mailing addresses. telephone
numbers and facsimile terminal numbers for the Contract Administrator and the Superintendent at the
commencement of the Work.
.03 In the event of an emergency situation or other urgent matter the Contracl Administrator or the
Superintendent may give a verbal notice, provided that such notice is confirmed in writing within 2
Days.
'.04 .Any notice permitted or required to be given to the OWner or the Contractor shall be given in
. accordance with the notice provision of the Contract.
GC3.13
. Use and Occupancy of the Work Prior to SUbstantial Performance
. .01 Where It is not contemplated elsewhere in.the Contracl DocumentsrtheOwner may use or occupy
the Work or any part thereof prior to SUbstal'llial'.Performance; provided;that~.least 30 O8ys' written
notice has been given to the Contractor.
.02 The use or occupancy of the Work or any part thereof by1he OwnerpriOrtoSUbstanlial Performance
shaD not conslitule an acceptance of the Work, or parts so' occupied. Irhlddilion,the use or
occupancy of the WorkshaUnot relieve the CUOtb....-to.. or the CUO.blllCtOl's SUrety from any liability
. that has arisen, or may arise,fromthe performance'oftheWork'in'acx:ordance.withthe'Contract
. Documents. The OWnerwlll be reSpOnSible for any damage that occurs because. of the OWner's use
or occupancy. Such use or occupancy of any part of the Work by the Owner does not waive the
'OWner's right 'kH:harge 'the Contractor iiquidated damages in acoordancewith the.terms of the
Contract.
GC3.14
GC 3.14.01
Claims, Negotiations, Mediation
Continuance of the Work
.01 Unless theContracl has been terminated or completed. the Collhaclor shall in every case, after
selVing or reoelving anynolificalionof a claim or dispute;'verbalor written, continue to proceed with
the Work with'due diligence and. expecfltion.' . it 'is understood by'theparties 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. 1heContractor shall keep Daily
Work Records during the course of theWorl<, sufficient to substantiate the Contractor's claim. and the
Contract Administrator will keep Dally WOrKRecords'lD"be used in'assesslng:the Contractor's claim.
allin accordance with clause GC 8.02.07, Records.
.02 The Contractor and the Contract Administrator shall reconcile their respective Daily Work Records on
a daHybasis, lD simplify review of the claim, when submitted.
.03 The keeping of DaDy Work Records by the Contracl Administrator or the reconciling of such Dally
Work Records with those of the Contractor shall not be construed lD be acceptance 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 shan provide written notice in the standard form "Notice of Intent to Claim" within 7
Days of the cornmencernent of any part of the Work which may be affected by the 6Ituallon.
0P8 0... eoo_.. aI ConIl8cl. 8'" ..... 1_
"-13
.03 The Contractor shall submit detailed claims as soon as reasonably possible and in any event no later
than 30 Days after completion of the WOI1< affeded by the situation. The detailed claim shall:
a) identify the item or items in respect of which the claim arises;
b) state the grounds. con1ractual or otherwise. upon which the claim is made; and
c) include the Records maintained by the Contractor supporting such claim.
In exceptional cases the 30 Days may be increased to a maximum of 90 Days with approval in writing
from th~ Contract Administrator.
.04 Within 30 Days of the receipt of the Contractor's detailed claim. the Contract Administrator may
request the Contractor to submit any further and other particulars as the Contract Administrator
considers necessary to assess the claim. The Contractor shall submit the requested information
within 30 Days of receipt of such request
.05 Within 90 Days of receipt of the detailed claim, the Contract Administrator shall advise the Contractor.
in writing, of the Contract Administrator's opinion with regard to the validity of the claim.
i$i-"
GC3olt4.04 Negotiations
'~IfP.;':
.01 'The parties shall make aU reasonable efforts to resolvethelr dispute by amicable negotiations and
agree to provide, without prejudice, open and timely disclosure of relevant facts, information, and
documents to t-ili!l.lb:: these negotiations.
.02 Should the Contractor disagree with the opinion given in paragraph GC 3.14.03.05, with respect to
.' any part of the claim, the ,Contract Adminillb"b..r 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 clause GC 8.02.04,
Payment on a Time and Material Basis, the parties shaD proceed in accordance with clause GC
3.14.05, Mediation, or subsection GC 3.15, Engineering Arbitration.
GC 3.14.05
Mediation
.01 If a claim is nOt resolved satisfactorily through the negotiation stage noted in clause GC 3.14.04,
, Negotiations, within a period of 30 Days following the opinion given in paragraph GC 3.14.03.05. and
, the Contractor wishes to pursue the issue further, the parties may, upon mutual agreement, utIrlZe the
services of an independent third party mediator.
.02 The mediator shall be mutuaRy agreed upon by the Owner and Contractor.
.03 The mediator shall be knowledgeable regarding the area of the disputed issue. The mediator shall
,~wIth the parties together and separately, as necessary, to review aU aspects of the issue. In a
. finat attempt to assist the parties in resolving the issue thernseIves prior to proceeding to arbitration
the mediator shall provide, without prejudice. a non-binding recommendation for settlement
.04 The review by the mediator shall be completed within 90 Days following the opinion given in
paragraph GC 3.14.03.05. .
.05 Each party is responsible for Its own costs related to the use of the third party mediator process. The
cost of the third party mediator shall be equally shared by the Owner and Cu.,b ..dur.
GC 3.14.0&
Payment
.01 Payment of the claim will be made no Iatar than 30 Days after the date of resolution of the claim or
dispute. Such payment will be made according to the tenns of SectIon GC 8.0, Measurement and
Payment
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GC 3.14.07
Rights of Both Parties
.01 It is agreed that no action taken under this subsection GC 3.14, Claims, Negotiations, Mediation, by
either party shall be 'construed as a renunciation or waiver of any of the rights or recourse available to
the parties, provided that the requirements set out In this subsection are fulfilled.
GC 3.15
GC 3.15.01
Engineering Arbltration
Conditions for Engineering Arbitration
.01 If a claim is not resolved satisfactorily through the negotiation stage noted in clause GC 3.14.04,
Negotiations, or the mediation stage noted in clause GC 3.14.05, Mediation, either party may invoke
the provisions 'of subsection GC 3,15, Engineering Arbitration, by giving written notice to the other
party.
.02 Notification that arbitration shall be implemented to resolve the issue shaUle'oommunicated in writing
as soon as"possible and no later'than"60"Days~fOllowing-1he'"Opinion''9iven in paragraph GC
3.14.03;05. Where the use of a third party'mediator was,impIemented:notifi<;ationshall be within 120
Days of the opinion given in paragraph GC 3.14.03.05. '
.03 The parties shall be' bound by the decision of the arbitrator.
.04 The rules and procedures,of the Atbltration Act. 1991. S.O. 1991. c.17, as amended,shall apply to
-any' arbitration. conducted ,heleunder except to the . extent ,that they are modified . by..tI;1e express
provisions of this subsection GC 3.15.' Engineering ArbItration.
GC 3.15.02
Arbitration Procedure
.01 The following provisions are to be included in the agreement to arbitrate and are subject only to such
right of appeal 'as exist where thearbibalorhas e>oc:eededilis or her jurisdiction or have otherwise
disquafdied him or herself:
a) All existing actions In respect of the matters under arbitrationwill'be'stayed pending arbitration;
b) All outstanding claims and matters to be settled are to be set out in a schedule to the agreement
Only such claims and matters as are in the schedule wUl be arbitrated; and
c) Before proceeding with the arbitration, the Contractor Shall COIorul.. that all matters in dispute are
set out in the schedule.
GC 3.15.03
Appointment of Arbitrator
.01 The arbitrator shall be mutually agreedupon"by'theOwnerandContractor.w:adjudicate the dispute.
'.02 Where the OWner and Contractor cannot agree on a sole arbitrator within 30 Days of the notification
of arbitration noted in paragraph GC 3.15.01.02. the OWner and the Contractor shall each choose an
appointee within 37 Days of the notice of arbitration.
.03 The appointees shall mutually agree upon an arbitrator to adjudicate the dispute within 15 Days after
the last appointee was chosen or they shall refer the matter to the Arblbation 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 llIf'blb..tur shall not be Interested financially in the Contnlc:t nor In either party's business and shall
not be employed by either party.
.05 The arbitrator may appoint independent experts and any other persons to assist him or her.
OPS ~ CoI_ "'~........'*'- 1_
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.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 shall be equally shared by the Owner and the Contractor.
.02' The fees of any Independent experts and any other persons appointed to assist the arbitrator shall be
shared equaUy by the OWner and the Contractor.
.03 The arbitration hearing shall be held in a place mutually agreed upon by. both parties or in the event
the parties do not agree, a site shall be chosen by the arbitrator. The cost of obtaining appropriate
facifrties shall be shared equally by the Owner and the Co..b...Aor.
~~,~.- -
.04 . The arbitrator may, in his or her discretion, award reasonable costs, related to the arbitration.
GC 3.15.os
The DecIsion
1iO;.:-.
.01 The reasoned decision wiU be made in writing within 90 Days of the conclusion of the hearing. An
extension of time to make a decision may be granted with consent of both parties. Payment shall be
made in accordance' with clause GC 3.14.06, Payment
GC 3.16
Archaeoioglcal FInd$
,-....
.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 Administraflor. Notification may be verbal provided that such notice is co"r.",ed in writing
Within 2 Days. Work shall remain suspended within that area until otherwise direcled 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 win be
considered to be beyond the Contractor's control in accordance with paragraph GC 3.08.01.
".03 Any work direcled or authorized in connection with an archaeological find will be considered as Extra
<. W-ork in accordance with clause GC 3.11.02, Extra Work.
.".0.>
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SECTION GC 4.0 - OWNER'S RESPONSIBILITIES AND RIGHTS
GC 4.01
Working Area
.01 The Owner will acquire all property rights which are deemed necessary by the OWner for the
construction of the Work, including temporary working easements, and will indicate the full extent of
the Working Area on the Contract Drawings.
.02 The Geotechnical Report and-Subsurface Report which will be provided by the Owner as part of the
tender documents shall form part of the Contract Drawings.
GC 4.02
Approvals and Pennlts
.01 The OWner will pay for all plumbing and building permits.
.02 The Owner will obtain and pay for allpennits. licenses.and _oertific:ates:.solelyJequirecUor Project
approval. - -
GC4.03
. Management and DlsposltionofMateriats
.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 . lnacl::ordanceWithTegullitionsunderthe OccupalionllfHeBlth.Bnd'Safe/yAct;R:S.O.-1990;c.O.1.. as.
amended, the Owner advises that
a) the designated substances silica, lead and arsenic are genelally present throughout the Working
Area occurring naturaUy or as a result of vehicle emissions;
b) the designated substance asbestos Is present in asbestos conduits for utifilies;
C) 'the 'fOllowing -hazardous 'materials are,ORfmarlly present in construction: activities:' limestone,
gypsum, marble, mica and Portland cement; and
d) exposure 'to 1hese substances' may occur as -a result of activities by the Contractor such as
sweeping, grinding, crushing, drilling, blasling;cutting and abraslveblasting.
.03 The Owner will identify In the Contract Documents any designated substances or hazardous
materials other than those identified above and their location in the Working Area.
.04 If the Owner or Collba..to. d'1SCOVerS or Is advised-of ,the' presence.of,designated .substances or
hazardous materials which are In addition to those fISted in .paragraph GC 4.03.02, or not clearly
-.identified in theContracfDocumentsacc:oldillg<to-;paragraph,-G(>4,03:03;c1hen,verbatnotice will be
provided to the other party immediately with written confirmation-within 2 Days. The Contractor will
stop worK in the area immediately and will' determine the necessary steps required to complete the
work in accordance with applicable legislation and regulation.
.05 The Owner will' be responsible for any reasonable. additional COSts of removing, managing and
disposing of any materiaI"not Identified In theContractOoeuments,or where conditions exist that
could not have been reasonably foreseen at the. time of tendering. All worK under this paragraph
shaUbe deemed to.be Extra Work,
.06 Prior to commencement of the Work, the Owner will provide to the Contractor a list of those products
controlled under the Workplaoe Hazardous Materials Infonnation System or WHMIS, which the
OWner will supply or use on the Contract, together with copies of the Materials Safety Data Sheets for
these products. All containers used In the appIicalion of products controlled under WHMIS shall be
labelled. The Owner will notify the .Cutlb-.b..r In writing of chang8s to the Hst and provide ralev8nt
Material Safety Data Sheela,
0P8 ca.n.r.l Concl_ GI ConlracI.~ 11181I
P.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 properly or otherwise fails to
comply with the requirements of the Contract to a substantial degree; or
b) if the Contractor is adjudged bankrupt or makes a general assignment for the benefit of creditors
because of insolvency or if a receiver is appointed because of insolvency. "
GC 4.06
~.}~.<t!.
~,..~,
.Ot:if[he Owner will give written notice of a default to the Contractor as soon as the Owner becomes
. "aware of the alleged default but failure to give such notice in a timely way shall not constitute
condonation of the default. The notice will Include Instructions to colTllcl the default within 5 Working
Days.
Notification of Default
GC 4.f17
Contractor's Right to Correct . 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 foRewing receipt of
the notice, the Contractor shall not be in default if the Contractor,
a) commences the conection 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.
GC4.08
Ownefs RIght to Correct Default
.01 If the Contractor falls to correct the default within the time specified in subsection GC 4.07,
",:€Pntractor's Right to CoITllcla Default, or subsequenUy agreed upon, the Owner. without prejudice to
,apy other right or remedy the Owner may have, may correct such default and deduct the cost thereof,
as certified by the Contract Administrator, from any payment then or thereafter due to the Contractor.
GC 4.G9
Tennlnatlon 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 tenninate the Contractor's right to continue the
Work in whole or in part by giving written notice to the Contractor.
.02 If the Owner terminates the Contractor's right to continue with the Work In whole or in part, the Owner
will be entitled to,
a) take possession of the Working Area or that portion of the Working Area devoted to that part of the
Work terminated;
b) utilize the Equipment of the Contractor and any MaterIal within the Working Area which Is Intended
to be incorporated Into the Work, the whole subject to the right of third parties;
c) withhold further payments to the Contractor with respect to the Work or the portion of the Work
withdrawn from the Coi.bactor until the Work or portion thereof withdrawn Is completed;
P8gel.
0P8 Ger.- Cooldlllol. tt1 ~.llepIen_l_
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d) charge the Contractor the additional cost over the Contract price of completing the Work or portion
thereof withdrawn from the Contractor. as certified by the Contract Administrator and any
additional compensation paid to the Contract Administrator for such additional seIVice arising from
the correction of the default;
e) charge the Contractor a reasonable allowance, as determined by the Contract Administrator. to
cover correction to the Work performed by the Contractor that may be required under subsection
GC 7.15, Warranty;
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 Work under subsection
GC7.15, Warranty. exceeds the allowance provided for such correclions.
GC 4.10
Final Payment to Contractor
.01 If the Owner's cost to correct and complete:theWorkin,wholeorinparUs,1ess than the amount
withheld '. from the Contractor. llnder . subsection' 'GC ,4.09. 'Termlnatiorr.of~pontraclot'$. Right to
Continue the Work,' the Owner will pay the'ba1ance'to1he,COIm..ctu. 'associn:as the final accounting
for the Contract is complete. .
GC4.11
Termination of the Contract
.01 Where the Contractor is in default of the Contract the Owner may. without prejudice to. any other right
or remedy the Owner may have. 1ennlnatethe Contract by giving written notice of termination to the
. Coolractor,theSuretY'and'anytnJstee'orreceiver acting on behalf of.-the Contractor's.estate or
creditors.
.02 If the OWner elects to tenninate the Contract the Owner win 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 toqualityr correction and warranty of the Work
perfonned prior to the time of termination of the Contract or termination of the Contractor's fight to
continue with the Work in whole or in part shall continue to be In force after such tennination.
GC4.13
Use of Performance Bond
.01 If the Contractor is In default of the Contract and the Cohbactor'has'provided'a Performance Bond.
the provisions of this Section shall be exercised'in accordance with the <<Inditions of the Peiformance
Bond.
OP8o.n..ICo"dlllol.of~.S.llt..... 1.
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GC 5.01
SECTION GC 5.0. MATERIAL
Supply of Material
.01 All Material necessary for the proper completion of the Work, except that listed as being supplied by
the Owner, shan be supplied by the Contractor. The Contract price for the appropriate tender items
shall be deemed to include full compensation for the supply of such Material.
;
GC 5.02
Quality of Material
.,
.01 All Material supplied by the Contractor shall be new or unless otherNise specified in the Contract
Documenm. .
.02' Material supplied by the Contractor shall conform to the requirements of the Contract.
.03 As specified or as requested by the Contract Administrator, the Contractor shall make available for
,I!;u;pection or le$ting 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 carry out such nl5peCtion. sampling and le$ting as specified or a
<requested by the Contract Administrator.
.05 The COhb....lu.. shaD notify the Contract Adminil.;ba~ of the sources of supply sufficiently in advance
.,.of the Material shipping dates to enable the Contract Administrator to perform the required inspection,
'sampfmg and testing. .
.06 The Owner wiH not be responsible for any delays to the Contractor's operations where the Contractor
fails to give sufficient advanoe notioe to the Contract Administrator to enable the Contract
Administrator to cany out the required inspection, sampling and testing before the scheduled shipping
date.
.07 The Contractor shaH 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 shan be subject to the approval of the Contract Administrator.
GC &~ Rejected Material
.. ,
.01 ~~ Material shaD be removed from the Working Area expeditiously after the notification to that
Elf:f,ect from the Contract Administrator. Where the Co..b....tur fails to comply with such notice the
Contract Administrator may cause the rejected Material to be removed from the Working Area and
disposed of in what the Contract Administrator considers to be the most appropriate manner and the
Contractor shall pay the cosm of disposal and the appropriate overhead charges.
~
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GC &.04
Substitutions
.01 Where the speclfications require the Contractor to supply a Material designated by a trade or other
name, the Tender shaH be based only upon supply of the Material so designated, which shan be
regarded as the standard of quality required by the specification. Alter the acceptance of the Tender,
the Contractor may apply to the Contract Administrator to substitute another Material identified by a
different trade or other name for the Material designated as aforesaid. The application shall be in
Wliting and shall state the price for the proposed substitute Material designated as aforesaid, and
such other information as the Contract Admlni$tl..tor may require.
"- 20
OP8GeneN1COOldll....llfConnct.8.~b. ......,..
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.02 Rulings on a proposed substitUtion will not be made prior to the acceptance of the Tender.
Substitutions shall not be made without the prior approval of the Contract Administrator. The
approval or rejection of a. proposed substitution will be made at the discretion of the Contract
Administrator.
.03 If the proposed substitution is approved by the Contract Admini:.balur, the Contractor shall be enliUed
to the first $1000 of the aggregate saving in cost by reason of such substitution and to 50% of any
additional saving in cost in excess of such $1000. Each such approval shall be conveyed to the
'. . Contractor in writing or by. issuance of a Certificate of' equalitY. on the Owner's .standard form of
. "Certification of Equality'" and if any adjustment to the Contract price' is made by reason of such
substitution a Change Order shall be issued as well.
GC 5.05
OWner Supplied Material
Ordering of Excess Material
GC 5.05.01
.01 Where Material is supplied by the Qwner,;andwhere :this:MatetiaI"is;Otderei:I(bythe Contractor in
excess of the amount speclfied to complete the Work;;:such:exces5.'.Materi shall become the
property of the Contractor on completion of the Work and shall be charged to the Contractor at cost
plus applicable overheads.
GC5.G5.02
Care of Material
.01 .TheContractor shall. in advance of receipt of shipments of Materiarsupplied by the Owner, provide
. adequate and proper storage facilities acceptable to the Contract Administrator. and on the receipt of
such Material shall prompUy place it in storage except where it is to be incorporated forthwith into the
Work.
.02 The Contractor shall be responsible for acceptance of Material supplied by the Owner, at the
specified delivery point and for its safe handling and storage. If such Material is damaged while
. under. the control of the Contractor it shall be replaced or repaired .by the Contractor at no expense to
the Owner, and. to the salisfaclion of the Contract Administrator; If such Material' is rejected. by the
Contract Administrator'for re8sons which are not the fault of the 'Contractor it shall remain in the care
and at the risk of the Contractor until its disposition has been determined by the Contract
Administrator.
.03 Where Material supplied by the Owner arrives at the delivery point in a damaged condition or where
there are discrepancies between the quantities received'and'1he:quantitiesshown on the bills of
lading, the Contractor shall lmmediately, report such damage or discrepancies to the Contract
Administrator who shall anange for an':immediate"inspection ,.:of.:the.ushipment 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 supplied by the Owner
shall become the property of the Contractor when they ate no longer required for their original
purpose and shall be disposed of by the Contractor unless otherwise speclIied in the Contract
Documents.
OPSGener8I ~"'~-Bo.1 ."'1_
PIIge 21
.06 The Contractor shan provide the Contract Administrator, immediately upon receipt of each shipment,
copies of bills of lading, or such other documentation the Contract Administrator may require to
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.
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SECTION GC 6.0 -INSURANCe. PROTECTION AND DAMAGE
GC 6.01
Protection of Work, Persons and Property
.01 The Contractor, the Contractor's agents and all workers employed by or under the control of the
Contractor, including Subcontractors. shall protect the Work, persons and property from damage or
injwy, and shaU be responsible for aU 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 Ihat occurs to the Work or property
the Contractor shaUrestore such damage. and such work shall be administered according to these
General Conditions.
.03 The Contractor shall immediately inform' the"Contract Admlnisttalllrofall"damage and injuries which
occur during the term of the Contract.
.04 The Contractor shall not be responsible for loss and damage'that occurs as a result of.
a) war;
b) blockades and civil commotions;
c) errors in the Contract Documents; or
d) acts or omissions of the Owner, the Contract Administrator. their agents and em~.or.others
not under the control of the Contractor, but within the Working Area with the Owner's pennission.
.05 The Contractor and his Surety or Sureties shan not be released from any term or provision of any
responsibility. obligation or fl8blllty 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
indirecUy arising or aU~ed to arise out of the performance of or the failure to perform the Work,
provided such claims are.
a) attributable to bodily Injury. sickness, disease. or death or to damage to or destruction of tangible
property;
b) caused by ~1Igent acts or omissions Ofthe;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 Performance of the Work or. where so specified in the
Contract from the date of certification of Final Acceptance.
.02 The Contractor shall indemnify and hold harmless the Owner from all and every claim for damages.
royalties or fees for the infringement of any patented Invention or copyright occasioned by the
Contractor in connection with the Work performed or Material furnished by the Contractor under the
Contract.
.03 The Owner expressly waives the right to indemnity for claims other than those stated above In
paragraphs GC 6.02.01 and GC 6.02.02.
.04 The Owner shall Indemnify and hold harmless the Contractor. his agents, officers and employees
from and against aI claims, demands. losses. expenses. ciosts. damages, actions. suits. or
proceedings arising out of the Contractor's performance of the Contract which are attrlbutable to a
lack of or defect In IitIe or an alleged lack of or defect In IitIe to the Working Area.
OP8o.-1Cond_oI~.Sel*o,1bIo 1_
... 23
.05 The Contractor expressly waives the right to indemnity for claims other than those stated above in
paragraph GC 6.02.04.
GC 6.03
Contractor's Insurance
GC 6.03.01
General
.01 Without restricting the generality of subsection GC 6.02, Indemnification, the Contractor shall provide,
maintain and pay for the insurance coverages listed under clauses GC 6.03.02 and GC 6.03.03.
Insurance coverage in clauses GC 6.03.04, GC 6.03.05 and GC 6.03.06 will only apply when so
specified in the Contract Documents.
GC 6.03.02
General liability Insurance
:,:,;.
.01 General liability insurance shall be in the name of the ContradDr, with the OWner and the Contract
,: ~Illinistrator named as additional insureds, with limits of not less than 5 miUion;dollars inclusive per
>qgcurrence for bodily injury, death, and damage to property including loss of,use lhereof, with a
'J.l.\9perty damage cleducbble of not IllOre than $5000. The form of this insurance shall be the
tgsurance Bureau of Canada Form IBC 2100, dated 8-87. '
.02;' Another form of insurance equal to or better than that required in IBC Form 2100 may be used,
provided all the requirements listed In the Contract are included. Approval of this insurance will be
conditional upon the COhbactor obtaining the selvices of an Insuler licensed to underwrite insurance
In the Province of Ontario and obtaining the insurer's certificate of equivalency to the required
Insurance.
.':
';,~
.03 The insurance shall be maintained continuously from the commencement of the Work until 12 months
following the date of Substantial Performance of the WOlk, as set out in the CeItificate of Substantial
Performance of the WOlk, or until the Final Acceptance CertiIicate is issued, whichever is later, and
with respect to completed operations coverage for a period of not less than 24 months from the date
of Final Acceptance of the Work as set out in the Final Acceptance CertiIicate, and thereafter to be
maintained for a further period of 4 years.
.04, The Contractor shall submit annually to the Owner, proof of continuation of the completed operations
, coverage and if the Contractor falls to do so, the timitation period for claiming Indemnity desa ibed In
paragraph GC 6.02.01 c), will not be binding on the OWner.
.05 Sbould the Contractor decide not to employ Subcontractors for operations requiling the use of
el!PIosive& for blasting, or pile driving or caisson work, or removal or weakening of support Of property
b~.ing or land, IBC Form 2100 as required shall Include the appropriate endorsements.
U:~.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 !lot be permitted.
GC 6.03.03
AutomobHe liability Insurance
.01 Automobile liablllty insurance In respect of licensed vehicles shall have timits of not less than 5 million
dollars,lnclusive per occurrence for bodily Injury, death and damage to property, in the following forms
endorsed to provide the OWner with not less than 30 Days' written notice in advance of any
cancellation, change or amendment restricting coverage:
a) standard non-owned automoblle policy including standard contractualliabllity endorsement. and
b) standard owner's form automoblIe policy providing third party IiablHty and aocldent benefits
Insurance and covering licensed vehicles owned or operated by the Contractor.
Pege 24
OPS 0ennI CoIIdIiol..ar ecnr.ct. 1m ,_ 1_
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GC 6.o3.l14
Aircraft and Watercraft Uabllity Insurance
.01 Aircraft and watercraft IiabDity Insurance with respect to owned or non-owned aircraft and watercraft if
used direcUy or indirecUy In the perfonnance of the Work, including use of additional premises. shall
be subject to limits of not less than 5 mllflOO dollars Inclusive per occurrence for bodily injury, death,
and damage to property including loss of use thereof, and limits of. not less than 5 million dollars for
aircraft passenger hazard. . Such insurance shall be in a form acceptable to the Owner. The policies
shall be endorsed to provide the Owner with not less than 30 Days' written notice in advance of
cancellation, change or amendment restricting coverage.
GC 6.03.0S
GC 6.03.oS.01
Property and Boller Insurance
Property Insurance
. .01" All risks property insurance shall be in the name of the.Contractor+,~er,and the Contract
Administrator named . as additional Insureds,insuring'.not.:Iess:.than:.the~sum.Df .the.amount of the
Contract price and the.full value, as may..be.statecL.in.lhe..;SuppIementaLGeneraL.Condltions, of
. Material that is specified to beprovkJed :by;the"Owner;:for.ilnc:orporation~'lnto..the.Work, with a
deductible not exceeding 1 % of the amount Insured at the site of the Work. This Insurance shall be in
.: e form acceptable to the Owner and shaUbe maintained continuously until.10 Days.after.the date of
FIlI8I Acceptance of the WolX, as sat out in the Final Acceptance Certificate. .
GC6.03.oS.02
Boller Insurance
".0.1 "Boiler Insurance insuring' the interests of the Collbactor, the Owner:and the Contract Administrator for
not less than the replacement value of boilers and pressure vessels. forming partot the Work, shall be
in a form acceptable to the Owner, This insurance 'shall be maintained continuously from
commencement of use or operation of the property insured until 10 Days after the date of Final
Acceptance of the Work, as set out in the Rnal AccepIance Certificate.
. GC 6.03.0S.03 '
"'Use and Occupancy of tlteWork'Prior to Completion
.01 Should the Owner wish to use or occupy part or aa of the Work prior.to Substantial Perfonnance, the
Owner will give 3DDays' written notice to the.Contractor of the. Intended purpose and extent of such
use or occupancy. . Prior to such use or occupancy the Contractor shall noIify the Owner In writing of
the additional premium cost, if any, to maintain property and boiler insurance, which shall be at the
Owner's expense. If because of such use or occupancy the Contractor is unable to provide
coverage,the Owner upon written notice from the.Contractor,andprlor"Jo:sucb;use or. occupancy
shall provide, maintain and pay for property and -boiler .lnsurance Insuring .the.fun value of the Work,
including coverage for such use or occupancy, and shall, provide the oContJ:actor with proof of such
insurance: 'The Contractor shall refund to the Owner the unearned .premiums applicable ,to the
Contractor's policies upon termination of coverage.
.02 The policies shall provide that, in the event of a loss or damage, payment shall be made to the Owner
and the Contractor as their respective interests may appear. The Contractor shall act on behalf of
both the OWner and the Contractor for the purpose of adjusting the amount of such loss or damage
payment with the insurers. When the extent of the loss or damage Is determined the Contractor shall
proceed to restore the Work. Loss or.damage shall not affect the rights and obligations of either party
under the Contract except that the Contractor shall be entiUed 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 eo,'b....to,..
OP8Gene"'Col_oIConnc1.lIe~1l ~ob.n 1_
Pege 215
GC 6.03.05.04
Payment for Loss or Damage
.01 The Contractor shall be enliUed to receive from the Owner, in addition to the amount due under the
Contract, the amount at which the Owne(s interest in restoration of the Work has been appraised,
such amount to be paid as the restoration of the Work proceeds and in accordance with the
requirements of Section GC 8.0, Measurement and Payment In addition the Contractor shall be
enliUed to receive from the payments made by the insurers the amount of the Contrac!o(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 Contrac!o(s responsibility by the terms of this Contract.
.03 In the event of a loss or damage to the Work arising from the action or omission of the Owner or
others, the Owner shall pay the Contractor the cost of restoring the Work as the restoration of the
Work proceeds and in accordance with the requirements of Section GC 8.0, Measurement and
Payment
GC 6.03.0&
Contractor's Equipment Insurance
.01 All risks Contractor's equipment insurance covering construcIion machinery and equipment used by
the Contractor for the perfcrmance of the Work, including bolIer Insurance on temporary boilers and
pressure vessels, shaD be In a form acceptable to the Owner and shaD not anow subrogation claims
by the Insurer against the OWner. The policies shaIJ be endorsed to provide the Owner with not less
than 30 Days' written notice in advance of cancellation. change or amendment restricting coverage
Subject to &alisfaduo y proof of financial capability by the Contractor for self-insurance of the
Contrac!o(s Equipment, the Owner agrees to waive the equipment insurance requirement, and for
the purpose of this Contract, the Contractor shall be deemed to be insured. This policy shall be
amended to provide permission for the Contractor to grant.prior releases with respect to damage to
the Contracto(s Equipment
GC 6.03.07
Insurance Requirements and Duration
.01 Unless specified otheIwise the duration of each insurance policy shall be from the date of
commencement of the Work until 1 0 Days after the date of Final Acceptance of the Work, as set out
in the Fwd Acceptance CertifICate.
.02 The Contractor shall provide the Owner, on a form acceptable to the Owner. proof of insurance prior
to commencement of the Work, and signed by an officer of the Contractor and either the undE!lWliter
or the broker.
.03 The Contractor shall, on request, prompUy provide the Owner with a certified true copy of each
insurance policy exclusive of information pertaining to premium or premium bases used by the insurer
to determine the cost of the Insurance. The certified true copy shall include a signature by an officer
of the Contractor and in addition. a signature by an officer of the insurer or the underwriter or the
broker.
.04 Where a policy is renewed the Contractor shall provide the Owner. on a form acceptable to the
OWner, renewed proof of insurance Immediately following completion of renewal.
.05 Unless specified otherNlse the Contractor shaD 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,
Contracto(s Insurance, or elsewhere In the Contract Documents, then the OWner will have the right to
provide and maintain such Insurance and give evidence thereof to the Contractor. The OWne(s cost
thereof shall be payabJe by the Contractor to the OWner on demand.
Page 28
OPS ~ CondIloI,. oI~."",- 1M
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.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 lssued by"a duly licensed surety company authorized to transact a business of
suretyship in the Province of Ontario and shall be maintained in good standing until the fulfilment of
the Contract.
OPS 0eMm ConcIIltonI vi Connc:I- S.~I._,_
Page 27
SECTION GC 7.0 . CONTRACTOR'S RESPONSIBIlITIES AND CONTROL OF THE WORK
GC 7.01
General
.01 The Contractor warrants that the site of the Work has been visited during the preparation of the
Tender and the character of the Work and all local conditions which may affect the perfonnance of
the Work are known.
,o~~
.02 The Contractor shall not commence the Work nor deliver anything to the Working Area until the
, Contractor has received a written order to commence the Work, signed by the Contract Administrator.
.03 The Contractor shall have complete control of the Work and shall effectively direct and supervise the
Work so as to ensure conformity with the Contract Documents. The Contractor shall be responsible
for construction means, methods, techniques, sequenoes and procedures and for coordinating the
various parts of the Work.
~;AA
.04 The Contractor shall have the sole responsibility for the design, erection, operation, -maintenance and
,.,~oval of temporary structures and other temporary facilities and the design and execution of
'i~ methods required in their use.
.OS"Notwithstanding paragraph GC 7.01.04, where the Contract Documents inctude designs for
temporary structures and other temporary faclllties or specify a method of constJUclion in whole or
part, such facBities and methods shan 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 shaD, however, be responsible for the execution of such design or
specified method of constJuction In the same manner that the Contractor is responsible for the
execution of the Work.
tp<.jr.
...,
-.:.:
-...-~:
.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 Ad. (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 shaD ensure that
a) worker safety is given first priority In planning, pricing and perfonning the Work;
b) its officers and supervisory employees have a working knowledge of the duties of a "constructor"
and "employer" as defined by the Ad. and the provisions of the Regulations applicable to the Work,
and a personal commitment to comply with them;
c)" a copy of the most current version of the Ad. and the Regulations are avaHable at the Contractor's
"office within the Working Area, or, In the absence of an office, in the possession of the supervisor
_ ':.responsible for the performance of the Work; ,
,dJ::\'Yorkers employed to carry out the Work possess the knowledge, skills and protective devices
- 'required by law or recommended for use by a recognized industry association to allow them to
work in safety;
e) its supervisory employees carry out their duties in a diligent and responsible manner with due
consideration for the health and safety of the workers; and
f) all Subcontractors and their employees are property protected from injury while they are at the
work place.
.07 The CUllb.....tu. when requested shall provide the Owner with a copy of Its heatth 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 canying out the Work comply with the Ad. and
Regulations. The Contractor shall cooperate with representatives of the Owner and Inspectors
appointed to enforce the Ad. and the Regulations In any investigations of worker heaIlh and safety in
the perfonnance of the Work. The Contractor shall indemnify and save the OWner hannless from any
additional expense which the Owner may incur to have the Work perfonned as a result of the
Contracto(s failure to comply with the requirements of the Ad. and the Regulations.
"- 28
OPSGenlrafCon.o..or.ConncI:-D rl ."'1_
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.08 Prior to commencement of the Wor1< the Contractor shall provide to the Contract Administrator a list of
those products controlled under the Workplace Hazardous Materials Information System or WHMIS.
which the Contractor expects to use on the Contract Related Materials Safety Data Sheets shall
accompany the submission. All containers used in the application of products controlled under
WHMIS shall be labelled. The Contractor shall notifY the Contractor Administrator of changes in
writing and provide relevant Material Safely Data Sheets.
.09 The Contractor shall have an authorized representative on the site while any work is being performed,
to act for or on the Contraclor'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 Contraclor'shaU..-atno'sdditional cost 'to the Owner, fUmish aU reasonable aid.. facilities and
assislance required by the Contract Administrator:for1he:1lfOpeI'.-inspeclion,snd examination of the
Wor1< or the"taking of measurements forthe,purpose'Of<paymenl ' . . .
;11 The Contractor shall prepare, and update as required,a.conslnJclionschedulelndicaling the timing of
the major andaitical aclivilieS of the WoI1c. -The schedule'shall be designed to ensure confonnlly
with the specified Contract Time. The schedule shall be submitted to the Contract Adll)inistrator
within 14 Days from the date of the Contract awanl. '
.12 Where the Contractor finds any error, inconsistency or omission relating to the Contract. the
,'. Contraclorshall promp1ly-report it to the,ContraclAdministrator and shall not proceed with the activity
affected until receiving direction from the ContraclAdministrator.
.13 The Contractor shall arrange with the appropriate utility authorities for the stake out of all
underground utilities and service connections which may be affected by the Work. The Contractor
shall be responsible for any damage done to the underground utilities by the Contraclor's forces
during construclion If the stake out locations are within 'the tolerances given in' paragraph GC
2.01.01 a).
GC 7.02
Layout
.01 -. Prior to commencement of construclion..the Contract Administrator and theContraclor will locale on
silethose property bars, baselines and benchmarks which are necessary to delineate the Working
Area and to lay out the Work, all as shown on the Contract Drawings.
.02 The Contractor shall be responsible for the .preservation of all-property "barS, while the Wor1< is in
progress, except those property bars.whlchmusl.be.removedAoJacililateithe Work. Any other
property bars distUrbed, damaged or removed by the Contraclor's operations shall be replaced by an
Ontario Land Surveyor, at the Cu.lbd...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 lay out the baseline and benchmarks, and as may be
necessary for the inspection of the Work.
.04 The Contractor shall provide qualified personnel to lay out and establish all lines and grades
necessary for construction. The Coub....M 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 shan Install and maintain substantial alignment markers and secondary benchmarks
as may be required for the proper execution of the Work. The Cu.,b ....tur shall supply one copy of all
alignment and grade sheets to the Contract Administrator. .
OPSo.-J~of~.llpll"_l_
Pege 2t
.06 The Contractor shan assume full responsibility for alignment, elevations and dimensions of each and
all parts of the WOl1<, regardless of whether the Conlractor'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
preserved by the Contractor. In the case of their destruction or removal as a result of the Contractor's
operations, such slakes, marks and reference points will be replaced by the Contract Administrator at
the Contractor's expense.
"":-;...,,,..,
GCt.03
Damage by Vehicles or Other Equipment
.....
.01 If at any time, in the opinion of the Contract Administrator, damage is being done or is likely to be"
.done to any Roadway or any improvement thereon, outside the Working Area, by the Conlractor's
" vehicles or other equipment, whether licensed or unlicensed equipment, the Contractor shall, on the
direction of the Contract Administrator, and at no extra cost to the Owner," make changes or
::s1!bslitutions for such vehicles or equipmant, and shall alter loadings, or in Some other manner,
-R!lJlOVElthe cause of such damage to the satisfaction of the Contract Administrator.
;-"""""
GC 7.04
Excess Loading of Motor Vehicles
.01 "Where a vehicle Is hauRng Material for use on the WoIk, In whole or in part upon a Highway, and
where motor vehicle registration is required for such vehicle, the Contractor shall not cause or pennit
such vehicle to be loaded beyond the legal limit specified In the Highway Traffic Act, R.S.O. 1990,
.,c.H.8, as amended,whether such vehicle is registered in the name of the Contractor or otherwise,
except where there are designated areas wllhln the Woc1<ing Area where overloading Is pennitted.
The Contractor shan bear the onus of weighing disputed loads.
GC 7.05
Condition of the Working Area
.01 The Contractor shan 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 conslruction. It shan be kept open to traffic, and the
Contractor shali, except as olherwise provided in this subsection, be responsible for providing and
maintaining for the duration of the WOl1<, a road through the Worldng Area, whether along an existing
Highway, including the road under construction, or on detours within or adjacent to the Highway, in
aocordance with the MUTeD.
.02 ":f.61eonlractor shan not be required to maintain a road through the Working ~ until such time as
thEl Contractor has commenced operations or during seasonai shut down or on any part of the
Contract that has been acx:epted in accordance with these General Conditions. The Contractor shan
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 CoI,bactor win not be required to maintain Intervening sections of the Highway until
such limes as these sections are located within the limits of the Highway affected by the Contractor's
general operations under the Contract.
.04 Where the Contract Documents provide for or the Contract Administrator requires detours at specific
locations, payment for the construction of the detours, and If required, for the subsequent removal of
the detours, win be made at the Contract prices appropriate to such work.
P8ge 30
OPS 0enIIaI CondlCkJ_ of COnnct - 81,11 .MI 1_
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.05 The Contractor shall maintain, ina satisfactory condition for traffic, a road through the Working Area,
at the Owner's expense. The road through the Working Area will include any detour constructed in
accordance with the Contract Documents or required by the Conlnlcl Administrator. Compensation
for all labour, equipment and materials to do this work shall be at the Contract prices appropriate to
the work and; where there are no such prices, at negotiated prices. Notwithstanding the foregoing,
the cost of blading required to maintain the surface of such roads and detours shall be deemed to be
included in the prices bid for the various tender items and no additional payment will be made.
.06' 'Where work under the.Contract is discontinued for any extended' period including seasonal, shutdown,
. , 'the Contractor shall, when directed by the Contract Administrator. open and place the Roadway and
detours in a passable, safe and satisfactory condition for public travel
.07 Where the Contractor constructs a detour which is not specifically provided for, in the Contract
DocUments; or required by the' Contract Administrator, the construction of the detour and, if required,
the subsequent removal shall be perfotrried'at'the';,Contractor's expense.:::.The detour shall be
constructed and maintained to ,stru<:tunil!'8fl"d~gebInEltric'star!daJl:ls~ by .the Contract
Administrator" Removal and siterestoratioo:shall ,Lbe".perfonned.:as"ditei::ted . by the Contract
Administrator.
:08 ,Where, with the prior written approVal of the Conlnlcl Administrator. the, Highway is closed and the
"traffic diverted entirely off the Highway to any other Highway, the Cotdlactof shal~ at no extra cost to
'the Owner; supply. 'erect and maintaln"traffic control devices in accordance with the MUTCD.
.09 Compliance with1he foregoing 'provisions shall in no way reIieiIe the Contractor of obligations under
subseCtion'GC'6.01;'ProtecIiOn 'of'Work,Persons' and '-Property, dealing, with the Contractor's
responsibirrty for damage claims. except for claims arising on sections of Highway within the Working
Area that are being maintained by others.
Access to Properties Adjoining the Work and Interruption of Utility
Services
.01 'The Contractor shall provide at all times, and at 110 extra cost to the OWner,
a) adequate pedestrian and vehicular aooess; and
b) continuity of UtIlity seIVices
to properties adjoining the Working Area.
GC 7.07
.02 The Contractor shall provide at all times and at no extra cost to the Owner access to fire hydrants,
and water and gas valves located in the Working Area.
.03 Where any intelTUptions in the supply of.Utilityservlces.are'requiredcand,are authorized by the
Contract Administrator, the Contractor'shall give the affected property owners notice in accordance
with subsection GC 7~ 11, Notices by the Contractor, and shall arrange such interruptions so as to
create a minimum of interference to those affected.
GC 7.08
Approvals and Permits
.01 Except as specified in subsection GC 4.02; Approval and Pennits, the Contractor shaD obtain and pay
for any permits, licenses" and certificates which at the date of tender closing, are required for the
performance of the Work.
.02 The Contractor shall arrange for all necessary inspections required by the approvals and permits
specified in paragraph GC 7.08.01.
OP80e......Co"1I1t1~llIo1Connc:1.8Ipl ......1_
"'31
GC 7.09
Suspension of Work
.01 The Conlractor shaU, upon written notice from the Contract Administrator, discontinue or delay any or
aU of the WOI1< and work shall not be resumed until the Contract Administrator so directs in writing.
Delays, in ,these circumstances, will be administered according to subsection GC 3.08, Delays.
GC 7.10
Contractor's Right to Stop the Work or Tennlnate the Contract
'."r
.01 If the Owner is adjudged bankrupt or makes a general assignment for the benefit of creditors because
'''Of insolvency or if a receiver Is appointed because of insolvency, the Conlractor 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, tenninate the Contract. .
.02' If the WOI1< Is stopped or othelwlse delayed for a period of 30 Days or ~ ~nder 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 directly employed or engaged by the Contractor'bthe Contractor may,
:~ prej~ice to any other right or remedy the Contractor may have, by giving the Owner written
.,'~; tenntnate the Contract. ',..
.03 The Contractor may notify the Owner In writing, with 8 copy to the Contract Administrator, that the
OWner Is in default of contractual obflgations 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 falls 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
3ODaysofan~byana~or~or
c) the Owner violates the requirements of the Contract.
.04 The Contraclol's written notice to the Owner shall advise that if the default is not corrected In the 7
Days immediately following the receipt of the written notice the eo..b...Ju. may, without prejudice to
any other right or remedy the Contractor may have, stop the WOI1< or terminate the Contract.
.05 If the Contractor tenninates the Conlract under the conditions set out In this subsection. the
, Contractor shall be entitled to be paid for all work perfonned according to the Contract Documents
and for any losses or damage as the Contractor may sustain as a result of the tenninalion of the
Contract.
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GC7~U
Notices by the Contractor
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.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 municlpal 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, tann tiles,
or other public or privately owned works or property, the Contractor shall immediately notify the
Owner and the Conlract AdmlrlMlCllof of the location and details of such damage or interferenCe.
"- 32
OPS 0.-11 Condlllcl... '" ConlIIId. h,Aeo,_1189
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GC 7.12
Obstructions
.01 Except as otherwise noted in these General Conditions, the Contractor assumes all the risks and
responsibilities arising out of any obstruction encountered in the performance of the Work and any
traffic conditions, including traffic conditions on any Highway or road 'giving access to the Working
Area caused by such obstructions, and the Contractor shall not make any claim against the Owner for
any loss, damage or expense occasioned thereby.
.02 Where the obstruction is 'a' Utility or other man-made object, the Contractor shall not be, required to,
assume the risks 'and responsibtlities 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 isthetContractol's'responsibllity!to:1:onsulbwith Utility companies
, ',' or other'appropriateauthorlties forfurther;lnformatioriin 'regal:tl;to;theexact-1oCi;dion ,of these Utilities, -
to exercise theneeessarycare in constn.ictlolroperations;'lIIldio1ake-$UCh'oltier_precautions as are
, necessary to safeguard the Utility from damage. '
GC7.13
Limitations of Operations
.01 Except for such work as maybe required by the Contract Adminlstratortornainfain theWork Ina safe
and satisfactory condition, the Contractor shall not cany on operations under the Contract on
Sundays without pennlssion 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 Acc:eptance
- .01 Upon attaining Substantial Performance of the Work, the Contractor shall remove surplus, materials,
. tools, construction machlnery and equipment not required for the performance of the, remaining Work., '
The Contractor shaH 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 Completion1Jlltil:the'-Contractor has removed surplus
materials, tools, construction machineryand:'equipmenl The Contractor shaH also have removed
debris, other than that caused by the Owner, or others. - -
GC 7.15
Wananty
.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 prompUy, 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 GenenlI ConcIIlIcllw 01 ConIIacl. SeI*o.ibet ll1ll8
Pege 33
d) such longer periods as may be specified for certain Materials or some of the Work.
The Contract Administrator will promptly give the Contractor written notice of observed defects or
deficiencies.
.03 The Contractor shall correct or pay for damage resulting from corrections made under the
requirements of paragraph GC 7.15.02.
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0P8 0enelW CoIIdIIooIl of ConlIact. .....lber 1_
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SECTION GC 8.0 - MEASUREMENT AND PAYMENT
GC 8.01
GC 8.01.01
Measurement
Quantities
.01 The Contract Administrator wm 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 Conll'acl,' and every subsequent estimate; except the final one, Will be of the, quantity
of Work performed since the preceding estimate was made. The Contract Administrator Will provide
the copy of each estimate to the Contractor Within 10 Days of the Cul-Off Date.
, '.02' Such quantities for progress payments' shall be construed and held to approximate. The final
"quantities for the issuance of ' the Completion Certificate shatl be based on the measurement of Work
, completed.
.03 'Measurement of the quantities 'of the'WoOCperformed.:willbe:either'.tly~'Measurement or by
Plan 'Quantity principles as indicated 'in ~eontract.'''AdjustmenlS,to-j>larr-'euantity measurements
'Will nomially be made 'USing Plan 'Quantity1lrinCiPIes'butmay, 'where'approilriate, be made using
Actuat Measurements. Those'Items identified on1he 'Tender by the nolation (P) in'the unit column
"'shall be paid' according 'to the 'Plan Quantity. Items where thenolBtion (P) does not occur shall be,
paid according to Actual Measurement '
GC 8.01.02
Variations In Tender QuantItIes
,01 Where It appears that the quantity of Work to be done 'and/or Material to be supplied by the
Contractor under a unit price tender Item Will exceed or be less than the tender quantity, the
Contractor shall proceed to do the Work and/or supply the Material required to complete the tender
Item and payment Will be made for the actuaI'amount of Work done and/or Material supplied, at the
unit prices slated in the Tender except as provided below:
a) In the case of a Major Item where the quantity of Work perforined and/or Material supplied by the
Contractor exceeds the tender quantity by more than 15%, either party to the Contract may make
a written request to the other partyto'negotiate a revised unit price for that portion of the Work
performed andIor'Malerial 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 shaH 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'performedandlor--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 actual:,overheads' and. fixed iCOSts, applicable to the amount of the
underrun in excess of 15% of the tender quantity: Forpu~ofthe'negotiation, the overheads
and fixed costs applicable to the Item are deemed to have been prorated uniformly over 100% of
the tender quantity for the item. Overhead costs shall be confirmed by a statement certified by the
Contractor's senior financial officer or auditor and may be audited by the OWner. Alternatively,
where 'both parties agree, an allowanoe 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
Prlce for Work
.01 Prices for the Work shall be full compensation for all labour, equipment and Material required in Its
pertonnance. The term "all labour, Equipment and Materiar shall Include Hand Tools, supplies and
other incidentals.
OPSOennlCond_d~.~ tlKl8
Page 35
.02 Payment for work not specificafly 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
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.01 The OWner will make advance payments for Material intended for incorporation in the Work upon the
written request of the Contractor and aocording to the following terms and conditions:
a) The Contractor shall, in advance of receipt of the shipment of the Material, arrange for adequate
and proper storage facilities and notify the Contract Administrator of their locations.
'. b) The value of aggregates, processed and stockpiled, shall be assessed by the following procedure:
i Sources Other Than Commercial
(1) ~ranular 'A', '6' and 'M' shall be assessed at the rate of 60% of the Contract price.
(2) Coarse and fine aggregates for hot mix asphaltic concrete, surface treatment and Portland
cement concrete shall be assessed at the rate of 25% of the Contract price for each
. aggregate stockpiled.
i"ii.-' . Commercial Sources
. "iF' Payment for separated coarse and fine aggregates win be considered at.1!1e above rate when
'.".ft' such materials are stockpiled at a commercial source where further proceSsing is to be carried
., " out before incorporating such materials Into a finaJ product. AdvanCe payments for other
materials located at a commercial source will not be made.
,'c) Payment for an other materials, unless otherwise specified elsewhere in the Contract. shall be
based on the invoice price, and the Contraclor shaQ submit proof of cost to the Contract
Administrator 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 tIO receive advance payment shall be placed in the
designated storage location immediaIeIy upon receipt of the material and shall thenceforth be held
by the Collhadur in trust for the OWner as collateral security for any monies advanced by the
. OWner and for the due completion of the WOIl<. The Cohh...Al", shall not exercise any act of
ownership Inconsistent with such security. or remove any Material from the storage Iocalions,
except for inclusion in the WOIl<. without the consent. in writing, of the Contract Administrator.
f) Such materials shall remain at the risk of the Cohbactor who shan be responsible for any loss,
damage, theft, Improper use or desbuclion of the material however caused. '
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.02 Where the Owner makes advance payments subject tIO the conditions listed in paragraph GC
8.02.02.01, such payment shall not constitute acceptance of the Material by the Owner. Acceptance
~II only be determined when the material meets the requirements of the appropriate speclficaIion.
GC 8.02.03 Certification and Payment
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GC s.d2~03.01
Progress Payment Certificate
.01 The value of the Work performed and Material supplied will be calculated once a month by the
Contract Administrator In accordance with the Contract Documents and. clause GC 8.01.01,
Quantities.
.02 The progress Payment Certificate will show,
a) the quantities of Work performed;
b) the value of Work performed;
c) any advanced payment for Materials;
d) the amount of statutory holdback, liens, Owner's set-off;
e) the amount of GST as applicable; and
f) the amount due the Contraclor.
"- 38
OPS o.ner.l CoIId..... of CclnIIw:t. Sopll_ 1_
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.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..Qff Date.
GC 8.02.03.02
Certification of Subcontract Completion
.01 Before the WorK has reached the stage of Substantial Perfonnance, 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 satisfactoIily. and all required .inspection and testing of the works covered by the .
subcontract have been carried out and the results are satisfactory. .
. .03 The Contract Administrator will set out in the:CertificateofSUbcontJ:act<CQmpletion the date on which
. the subcontract was completedandwithin'7' Days' of:the .date:the:subcontract.js certified 'complete,
the Contract Administrator will give a COpyllftheccertificatEl"to1he:ContracloMlnd:tothe Subcontractor
concemed.
. GC 8.02.03.03
Subcontract statutory Holdback Release Certlficate.and payment
.01 FOllowing receipt of the Certifk.dlto of Subcontract Completion, the OWner will release.and pay the
Contractor the statutory holdback retained in respect of the. subcontract.. .Such reteaseshall.be. made .
46 Days after the'date the subcontract.was oertifiedcompleteandproviding;the. Contractor;Sllbmits
the following to the Contract Administrator.
a) a document satisfactory to the' Contract Administrator that will release the OWner from all further
claims relating to the subcontract. qualified by stated exceptions such as holdback monies;
b) evidence satisfactory to the Contract Administrator that the Subcontractor has discharged all
liabilities incurred in carrying out the subcontract;
c) a satisfactory clear.ance certificate or letter from the Workplace Safety and Insurance Board
relating to the subcontract; and . .
d) a copy of the .tontractbetweenthe Contractor and the Subcontractor and.a .satisfactory .statement
showing the total amount due the SUbcontractor from the Contractor.
.02 Paragraph GC 8.02.03.03.01 d), will only apply to Lump Sum Items and then only when the Contract
Administrator specifically requests it.
.03 Upon receipt of the statutory holdback, the Contractor'shalt-forthwith'give, -the Subcontractor the
payment due under the SI.lLcol,b act.
.04 Release of statutory holdback by the Owner In respect of a- subcontract shall not relieve the
Contractor. or the Contractor's Surety, of any of their responsibilities.
GC 8.02.03.04
Certification of Substantial Performance
.01 Upon application by the Conbactor and where the Contract has been substantially performed the
Contract Administrator will issue a Certificate of Substantial Perfonnance.
.02 The Contract Administrator will set out in the Certificate of SUbstantial Performance the date on which
the Contract was substantially perfonned 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 Cert\fiGate of Substantial Performance, the Contractor shall forthwith. as
required by Section 32(1) Paragraph 5 of the Constnlction Uen Act. R.S.O. 1990, c.C.30, as
amended, publish a copy of the certificate In a construction trade newspaper. Such publication shall
Include placement In the Dally CommeroIaI News.
OPS o.n.... ColIdItlono at ~. 81~11_' 1m
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.04 Where the Contractor fails to publish a copy of the Certificate of Substantial Performance as required
above within 7 Days after receiving a copy of the certificate signed by the Contrael Administrator. the
Owner may publish a copy of the certificate at the Contraclol's expense.
.05 Except as otherwise provided for in Section 31 of the ConstTUction Lien Act, the 45-day lien period
prior to the release of holdback as referred to in dause GC 8.02.03.05. Substantial Performance
Payment and Statutory Holdback Release Payment Certificates, shall commence from the date of
publication of the Certificate of Substantial Performance as provided for above.
GC8.02.03.05
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Substantial Perfonnance Payment and Substantial Performance Statutory
Holdback Release Payment Certificates
.01 When the Contract Administrator issues the Certificate of Substantial Performance the Contrael
~. Administrator will also issue the Substantial Performance Payment Certificate and the Substantial
P.erformance StaMory Holdback Release Payment Certificate or where appropriate, a combined
;~nt certificate. :
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.02:~ Substantial Performance Payment Certilicate will show.
. o8)""thevalue of Work Performed to the date of Substantial Performance;
. b) the value of outstanding or incomplete Work;
'c) the amount of the statutory holdback, Blowing for any previous releases of statuloIy holdback to
the Contractor In respect of completed sub...", ,b..cls 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.
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.04 The Substantial Performance Statutory Holdback Release Payment Certificate will be a payment
certificate releasing to the Contractor the statutory holdback due in respect of Work performed up to
the date of Substantial Performance. Payment of such statutory holdback shall be due 46 Days after
the date of pubfication of the Certificate of Substantial Performance but subject to the provisions of
the Construction Lien Act and the submlssfon by the Contractor of the foUowing documents:
a) a release by the COhb4<.lur in a form aatil.ractu., 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 staMory declaration In a form satisfactory to the Contract Administrator that allliabnlties Incurred
~by the Contractor and the Contractor's Subcontractors In carrying out the Contract have been
, (lisCharged except for statutory holdbacks properly retained; .
cl a satisfactory Certificate of Clearance from the WOl!qlIace Safety and Insurance Board; and
'~proof of publication of the Certificate of Substantial Performance.
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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 Contrael Administrator will provide a
copy to the Contractor.
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OPS 0-... COlldllloll. fA Conlracl.~ 1189
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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 of Work at Completion; ,
b) the amount of the further'statutory holdback based on the value of further work .completed over
and above the value of work completed shown in the Substantial Performance Payment Certificate
referred to above; and
c) the amount due the Contractor.
.03 The Completion Statutory Holdback Releasec.PaymenL:Certif\Qlte,;WiI.I:-:IJ.e:oi!, paymen~ ..certificate
"releasing to the Contractor'the' further'statUtorY'hoIdbaclC; ~Payment:of.sucft,(Sliltutory holdback shall .
be due 46 Days after the date of Completion"iOftheWodc.as.-eslli~(by,;~pletion.Certificate
. but subject to the provisions of the Cons/rUc6onUenAct:andthe_mission'l!Y,the Con!ral*lr of the .
following documents:
a) a. release by, the Contractor in a form . satisfactory to the Contract. Administrator. releasing the
Owner from all further claims relating to the Contract; quaJified by stated exceptions where
i!PPfOpriate; . . . ,
b) a statutory declaration in atann satisfactory to the ContraCt Admi.ll!l.b..tu. that all.liabllities incurred
by the Contractor and the Contractor's Subcontractors in canying out the Contract have been
discharged, qualified by stated exceptionS where appropriate; and
c) . a satisfactory Certificate of Clearance from the Workplace Satmy and Insurance Board..
GC 8.02.03.08
Interest
.01 Interest due the Contractor is based on simple interest and is calculated using the appflC8b1e Rate of
Interest
GC 8.02.03.09
Interest for Late Payment
.01 Provided the Contractor has complied with the requirements of the Contract including all
documentation requirements, when payment by the Owner to the Contractor for Work performed, or
for release of statutory holdback,' is delayed by the Owner, ,then the .Contractor shall be entitled to
receive interest on the outstanding payment at the Rate'of'lntere5t,'if1l8ymerwis not received on the
dates set out below:
a) Progress Payment Certificates: 30 Daysafterthe CUt-Off Date; ..,
b) Certificate of Subcontract Completion:' 30 Days after the date-certifiedas:the date on.which the
subco. ,Inoct 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 cerlificate.
e) Substantial Performance Statutory Holdback Release Payment Certificate: 76 Days after
publication of the Payment Certific;cjle of Substantial Performance;
f) ,Completion Payment. Certificate: 30 Days after the date certified as the date on which the
Contract reached CompleUon;
g) Completion Statutory Holdback Release Payment Certificate: 76 Days after the date. certified as
the date which the Work was completed.
.02 If the Contractor has not complied with the requirements of the Contract, including all documentation
requirements, prior to expiration of the time periods described In paragreph GC 8.02.03.09.01,
Interest will only begin to accrue when the Contractor has completed those requirements.
OPS GeMr81 Condlllonl 01 Connc:t -lIeploo_ 1_
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GC 8.02.03.10
Interest for Negotiations and Claims
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.01 Except as hereinafter provided, where a notice of negotiation, notice of intent to claim and the
subsequent claims are submitted in accordance with the time limits and/or procedure desaibed by
subsection GC 3.14, Claims, Negotiations, Mediation, the OWner will pay the Contractor the Rate of
Interest on the amount of the negotiated price for that part of the Work or on the amount of the settled
claim. Such interest will not commence until 30 Days after the satisfactory completion of that part of
theWorl<.
.02 ,Where the Contractor does not attempt to resolve the negotiation or the claim in an expeditious
manner, interest shall be negotiable.
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.03 Where the Contractor fails to give notice of a claim within the time limit presaibed by subsection GC
., 3.14, Claims, Negotiations, Mediation, interest shall not be paid.
Y-,?-
.04,~re. a Contractor falls to comply with the 3lklay time limit and the procedures presaibed in
.' ~liIglllPh GC 3.14.03.03 for submission of claims, interest shall not be paid for the delay period.
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GC 8;02:03:11
Owner's Set~
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.01 ,Pursuant to Section 12 of the Construction Lien ~ the OWner may retain from monies owing to the
Contractor under this Contract an amount sufficient to caver any outstanding or disputed liabilities
including the cost to remedy deficiencles. the reduction In value of substandard portions of the Wor1c,
. claims for damages by third parties which have not been detennined in writing by the Contractor's
lnsurer. undetermined claims by the OWner under paragraph GC 8.01.02.01 a), any assessment due
the Workplace Safety and Insurance Board and any monies to be paid to the workers in accordance
with clause GC 8.02.06, Payment of Workers.
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.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 shan not be deemed to be in default of the Contract provided any delay In payment does
not exceed 30 Days from the due dates as defined in paragraph GC 8.02.03.09.01.
GC 8.02.04
Payment on a TIme and Material Basis
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GC8~O:C:01 Definitions
.01 F(;t.lhe purpose of this clause the following definitions apply:
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Cost of Labour: means the amount of wages, salary, travel, travel time, food, lodging or similar items and
Payroll Burden paid or incurred direcUy by the Contractor to or in respect of labour and supervision actively
and necessarily engaged on the Work based on the recorded time and hourly rates of pay for such labour
and supervision, but shall not include any payment or costs inCurred for general supervision,
administration of management time spent on the entire Work or any wages, salary or Payroll Burden for
which the Contractor Is compensated by any payment made by the OWner for Equipment
Cost of Material: means the cost of Material purchased, or supplied from stock, and valued at current
market prices, for the plllJlO5e of carrying out Extra Wor1c, by the ContracIDr, or by others when such
arrangements have been made by the Contractor for completing the Wor1c, as shown by itemized invoices.
Operated Rented equipment: means Ranted Equipment for which an operator Is provided by the
supplier of the equipment and for which the rent or lease Includes the cost of the operator.
P.40
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Payroll Burden: means the payments in respect of workplace insurance, vacation pay, employment
insurance, public liability and property damage insurance, sickness and accident insurance, pension fund
and such other welfare and benefit payments forming part of the Contractor's normal labour costs.
Rented Equipment: means equipment that is rented or leased for the special purpose of Work on a Time
and Material Basis from a person, firm or corporation that is not an associate of the lessee as defined by
the Securities Act, R.S.O. 1990, c.S.5, as amended, and is approved by the Contract Administrator.
Road Work: means. the preparation, construction,. finishing and' construction maintenance of roads,'
., streets; highWays and' parking .Iots and includes all work incidental thereto other than work on structures.
Sewer and Watermain Work: means the preparation, construction, finishing. and construction
, maintenance' of sewer systems and watermain systems, and includes all work incidental thereto other than
work on structures.
Sta.ndby'Time:'means anyperiod of time Whk:h'is'not:tlon$ideredWOrldng;T~dwhich togetherwlth
the Working Tune does not'exceed''10ho(Jts;in'.any;one>Working:0ay~and'.duririg'which . time a. unit of
equipment cannot practically be used onother..>>lOrk1lutJnl'''' ......ocda:oaJbe::slte::in'orderto.continue with
-itnssigned task and during which time the unit is In fully 'operable condition.
. Structure Work: means the construction, reconstruction, repair, alteration, remodelling, renovation or
. demolition of any-bridge, building, tunnel or retaining wall and includes the preparation for and the laying of ,
the foundation of' any"biidge, building,!urinel or 'retaining wallaod the installation of equipment and '
appurtenances incidental thereto.
The 127 Rate: means the rate for a unit of equipment as listed in'OPSS 127; Schedule of Rental Rates
for Construction Equipment Including Model and Specification Reference, which is current at the time the
work is carried out or for equipment which is not so listed, the rate which has been calculated by the
, OWner, using the same principles as used in determining The'127 Rates.
Work on a .rlme .and Material Basis: means Changes in the Work, Extra Work and Additional Work
aPProved by the Contract Administrator-for paynient 'on a rme and MateriaI'ba$Is. The Work on a Tune
>and'Material Basis shan be, subject to all the tenns, conditions, specifications ,and provisions of the
Contract.
, Worklng TIme: means each period of time during which a unit of equipment Is, actively and of necessity
'engaged on aspecificQperation and the first 2 hours of each.immediateIY,.foIIowingperiod during which
the unit is not so engaged but during which the operation'ls~nNise:proceedingand during .which time
the unit cannot practically be transferred to other.work but mustremain'on the site',inorder to continue with
its assigned tasks and during which time the.unit Isin.a fully operable condition. ~ .
GC 8.02.04.02
Dally Work Records
.01 Daily Work Records prepared as the case maybe by either the Contractor's representative or the
, Contract Adrhinlstrator and reporting the labour and Equipment employed and the Material used on
each Time and Material project, shall be reconciled and signed each day by both the Contractor's
represelJlative and the Contract Administrator.
GC 8.02.04.03
Payment for Work
.01 Payment as herein provided shaH be full compensation for all labour, Equipment and Material to do
the Work on a Time and Material Basis except where there is agreement to the contrary prior to the
commencement of the Work on a TIme and Material BasIs. The payment adjustments on a Time and
Material basis shall apply to each Individual Change Order authorizad by the Contract Administrator.
OPS 0eneraI ConcIIlioNI at ConlnIct. 6epI, ....., 188ll
P.ge41
GC 8.02.04.04
Payment for Labour
.01 The Owner will pay the Contractor for labour employed on each Time and Material project at 135% of
the Cost of Labour up to $3000, then at 120% of any portion of the Cost of Labour in excess of
$3000.
.02 The Owner will make payment in respect of Payroll Burden for Work on a Time and Material Basis at
the Contractor's actual cost of Payroll Burden.
.03-.At the Owner's discretion, an audit may be conducted in which case the actual Payroll Burden so
determined shall be applied to all Tme and Material work on the Contract
GC 8.02.04.05
Payment for Material
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.01 The Owner will pay the Contractor for Material used on each Tme and Material project at 120% of the
-loGOs! of the Material up to $3000, then at 115% of any portion of the Cost of Material in excess of
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GC '8:02:04.06
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Payment for Equipment
GC 8.02.04.06.01
Working Time
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.01 The Owner will pay the Contractor for the Working Tnne of all equipment olhlir than Rented
Equipment and Operated Rented Equipment used on the Work on a Tme and Material basis at The
127 Rates with a cost adjustment as follows:
a) Cost $10,000 or less - no adjustment;
b) Cost greater than $10,000 but not exceeding $20,000 - payment $10,000 plus 90% of the portion
in excess of $10,000; and
c) Cost greater than $ 20,000 -$19,000 plus 80% of the portion in excess of $20,000.
.02 The Owner will pay the Contractor for the Working Tme of Rented Equipment used on the Work on a
Tine and Material Basis at 110% of the invoice price approved by the Contract Administrator up to a
maximum of 1,10% of The 127 Rate. This constraint will be waived when the Contract Administrator
approves the invoice price prior to the use of the Rented Equipment
.03 The Owner will pay the Contractor for the Working Tme of Operated Rented Equipment used on the
Work on a Tme 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, Tnne and
,- Material Basis.
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GC 8;(;2104;06.02
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Standby Time
.01 The Owner will pay the Contractor for standby Time of Equipment at 35% ofThe 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 Tme and Material Basis.
.02 In addition, the Owner will include the Cost of Labour of operators or assodated 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 glvtng rise to
the Work on Time and Material Basis to be returned to the lessor until the work requiring the
equipment can be resumed. The Owner will pay such costs as result from such return.
"- 42
OPS GentnI eo._. '" COnlracl. S.~t.n_ll1l19
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.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 TllTle 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 shaU 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 Notwithstandingany.otherprovision 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.TllTle and Material Basis,or.a part of It, to be performed
. l1ySubcontractors.,on ..aTme' and. ,Material ..basis.,.and,.:hl!s~~ .apprp,val,.prior to the
. "commencernent.of:such:.work;,:in' accordance witb.'=.tberJeqlJirements~~J1cGC 3.10,
.:. ... Subi::ontracting by the Contractor; the Owner will pay the 'COStfof.Woi1c.oMI-JI;"me!ancf.;Material Basis
. . . 'by1he SubcontractOr calculated'8S.if the.Contractor had'donetlle,~~meiaod,Material Basis,
p1us'a markup calculated on the following basis: .
a) 20% of the first.$3,OOO; plus
b) 15% of the amount from $3,000 to $10.000; plus
c) 5% of the amount in excess of $10,000.
,00.No flJrther markup will be appfied regart:l1ess.of.the extent to which.the work is assigned or. sublet to
': others; If workis;8ssignedor,sublet..to an.asso<:i$te,.asdefinedby.the.Securities..Act no markup
whatsoever will be appfied. . . .
GC 8.02.04.09
Submission of Invoices
.01 . N. the start of .the Work'on a Tme and Material Basis, the COntractor..shall .provlde.the applicable.
. labour and Equipment rates nota!ready submitted to.the Contract Administrator during the course of
such work.
.02 . Separale<summariesshaD be' completed by the Contractor according to the sta{l~rd foI:m."Summary. . .
for payment.of Accounts on a Tune . and Material Basis". . Each summary shall include. the order
number and covering dates of the work and shall Itemize separately labour, Materials .and Equipment
,Invoices for Materials, Rented Equipment and other charges incurred by the Contractor on the Work
on a Time and Material Basis shl!1I be included witheacnsummary.~.-,.,-", .,.~..-... .... -
:tl3 Each month .theContractJldministratorwill include.with the.mqnthly,PlO.lI@l'S~I!,l~rtfficate, the
costs of the Work on a Tune and Material Basis incun'ed during' the preceding month all In
. accordance with the contract administrative procedures and the Contractor's invoice of the Work on a
Tme 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 Tune and Material Basis.
GC 8.02.06
final Acceptance certificate
.01 After the acceplance of the Work .the Contract Adminislrator will issue the Final AcCeplance
CertIficate. or. where applicable, after the Warranty Period has expired. The Final Acceptance
Certific;ate will not be issued until all known deficiencies have bean adjusted or corrected, as the case
may be, and the Contraclor has discharged all obligations under the COntract.
OPS General ~ alConncI.~,"'" 1ll8ll
Poge 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..Qff.
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 deta" to support the
total cost of the Work, Changes In the Work, and Extra Work. The Contractor shall preserve all such
" original Records until 12 months after the rUl81 Acceptance Celtificate is issued or until all claims
have been settled, whichever is longer. The Contractor shan require that SubOonb actors employecl
by the Contractor preserve an original Records pertaining to the Work, Changes in the Work, Extra
Work and claims arising therefrom for a simUar period of time.
.02 If, in the opinion of the Contract Administrator, CaDy Work Records are required, such records shall
report the labour and Equipment employed and the Material used on any specific portion of the Work.
The Daily Work Records 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 shan 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 PJOYincial taxes occurs after the date of tender closing for
this Contract, and this change couJd not have been anticipated at the time of bidding, the Owner will
increase or decrease Contract payments to account for the exact amount of tax change involved.
.02 Claims for compensation for additional tax cost shan be submitted by the Contractor to the Contract
Administrator on forms provicled by the Contract Administrator to the Contractor. Such claims for
additional tax costs shaft be submitted not less than 30 Cays after the date of Final Acceptance.
.03 Where the Contractor benefits from a change in Canadian Federal or Provinclal taxes, the Contractor
shall submit to the Contract Administrator, on forms provided by the Contract Administrator, a
statement of such benefits. This statement shan 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 commcxfdies or the provision of such services is
carried out by the eo..bcdut. 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 commodllles, which do not form part of the Work.
Poge44
OPS.Genel.t CoI_.. 01 ConIrac:I- SepIomber 1_
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GC 8.02.09
Liquidated Damages
.01 When liquidated damages are specified in the Contract and the Contractor fails to complete the Wor!<
in accordance with the Contract. the Contractor shaD pay such amounts as are specified in the
Contract Documents.
OPS Gene'" ConcIIUonI d ConI_ - ~ 1_
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