HomeMy WebLinkAbout2005-093
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-lAW 2005- 093
Being a By-law to authorize a contract between the
Corporation of the Municipality of Clarington and Hard-Co
Construction Ltd., Whitby, Ontario, to enter into agreement for
the Valley's 2000 Pond Construction, Bowmanville Creek
Valley opposite Hetherington Drive.
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, Hard-Co Construction Ltd., Whitby, 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 16 day of May ,2005.
By-law read a third time and finally passed this 16 day of May, 2005. '.
JOh~:
Cl!1!-mgron
MEMO
TO:
Patti L. Barrie, Municipal Clerk
FROM:
Lou Ann Birkett, C.P.P., A.M.C.T., Purchasing Manager
DATE:
May 30,2005
RE: TENDER CL2005-2
VALLEY'S 2000 POND CONSTRUCTION
BOWMANVILLE CREEK VALLEY, OPPOSITE HETHERINGTON
DRIVE, BOWMANVILLE
Please find enclosed one (1) fully executed contract document for the above
noted tender.
Thank you,
~
Lou Ann Birkett, C.P.P., A.M.CT.
Purchasing Manager
LAB/ld
Attach.
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CORPORATION OF THE
MUNICIPALITY OF CLARINGTON
VALLEY'S 2000 POND CONSTRUCTON
BOWMANVILLE CREEK V ALLEY, OPPOSITE
HETHERINGTON DRIVE, BOWMANVILLE
CONTRACT NO. CL2005-2
JANUARY 2005
~~
architects
planners
TSH No. 12-29391
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AGREEMENT
THIS AGREEMENT made in quadruplicate
BETWEEN: HARD-CO CONSTRUCTION LTD.
of the Regional Municipality of Durham and Province of Ontario
hereinafter called the .Contractor"
THE PARTY OF THE FIRST PART
- and-
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
hereinafter called the .Purchaser.
THE PARTY OF THE SECOND PART
WITNESSETH, that the party of the first part, for and in consideration of the payment or
payments specified in the tender for this work hereby agrees to furnish all necessary machinery, tools,
equipment, supplies, labour, and other means of construction and, to the satisfaction of the Engineer, to do all
the work as described hereafter, furnish all the materials except as herein otherwise specified, and to complete
such works in strict accordance with the plans, specifications and tender therefore, all of which are to be read
herewith and form part of this present agreement as fully and completely to all intents and purposes as though
all the stipulations thereof have been embodied herein.
Page I of3
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DESCRIPTION OF THE WORK AND LIST OF DOCUMENTS
Valley's 2000 Pond Construction, Bowmanville Creek Valley, Opposite Hetherington Drive, Bowmanville,
Contract No. CL2005-2, Municipality of Clarington
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.
Drawings No. I and 2
PLANS:
H. STANDARD SPECIFICATIONS: It shall be the Contractor's responsibility to obtain the applicable
edition of the following Ontario Provincial Standard Specifications.
OPSS No.
127
128
201
OPSS No.
206
314
510
Date
Apr. 1988
Au!!. 1990
Nov. 2003
OPSS No.
565
570
572
OPSS No.
577
Date
Feb. 1996
Date
Current
Current
Nov. 2003
Date
Nov. 2000
Dec. 1993
Apr. 2003
I. GENERAL CONDITIONS: OPS General Conditions of Contract (September 1999)
All Plans and Documents referred to in the Specifications.
The Contractor further agrees that he will deliver the whole of the works completed in
accordance with this agreement on or before Friday, June 17,2005.
IN CONSIDERATION WHEREOF said party of the second part agrees to pay to the
Contractor for all work done, the unit prices on the Tender.
This agreement shall enure to the benefit of and be binding upon the heirs, executors,
administrators and assigns of the Contractor and on the heirs and successors of the Purchaser.
Page 2 of 3
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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 HARD-CO CONSTRUCTION LTD.
SIGNED and sealed by the Purchaser THE CORPORATION OF THE MUNICIPALITY OF
CURm~
John Mutton, Mayor
in the presence of
in the presence of
P/2939l/Specsl AGR.doc
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C. Anne Greentree, Deputy Clerk
X1\G."V\ 6ll\ I ~CO.::,-
Date
Page 3 of 3
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PROJECT:
AUTHORITY:
CONTRACT ADMINISTRATOR:
TENDERER:
TENDERS RECEIVED BY:
P/12.29391ISpecsI20691- TF-SignDocs.doc
TENDER FOR CONTRACT NO. CL2005-2
VALLEY'S 2000 POND CONSTRUCTON
BOWMANVILLE CREEK VALLEY, OPPOSITE
HETHERINGTON DRIVE, BOWMANVILLE
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
TSH
ENGINEERS, ARCHITECTS and PLANNERS
5 I3 DIVISION STREET
COBOURG, ONTARIO. K9A5G6
Telephone: 905-372-2121 Fax: 905-372-3621
HARD-CO CONSTRUCTION LTD.
Name
1750 Harbour Street
Whitbv. Ontario UN 9G6
Address (include Postal Code)
Tel: 905-668-2001 Fax: 905-668-3584
Telephone and Fax Numbers
Barry Hardin!!
Name of Person Signing
President
Position of Person Signing
Mrs. Patti Barrie, Clerk
Corporation of the Municipality of Cia ring ton
40 Temperance Street
BOWMANVILLE, Ontario.
LlC 3A6
Page 1 of 5 pages
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TENDER CONTRACT NO. CL200S-2
To: The Mayor and Members of Council
Corporation of the Municipality of Clarington
Re: Contract No. CL2005-2
Valley's 2000 Pond Construction
BowmanvilIe Creek Valley, Opposite Hetherington Drive, BowmanvilIe
Dear Mayor and Members of Council:
The Contractor has carefully examined the Plans, Provisions, Specifications and Conditions described herein as
part of the work to be done under this Contract. The Contractor understands and accepts the said Plans,
Provisions, Specifications and Conditions, and, for the prices set forth in this Tender, hereby offers to furnish all
machinery, tools, apparatus and other means of construction, furnish all materials, except as otherwise specified
in the Contract, and to complete the work in strict accordance with the said Plans, Provisions, Specifications and
Conditions.
The Contractor understands and accepts that the quantities shown are approximate only, and are subject to
increase, decrease, or deletion entirely iffound not to be required.
Attached to this tender is a bid deposit in the amount specified in Clause 3 of the Instructions to Tenderers, made
payable to the Authority. This cheque or bid bond shall constitute a deposit which shall be forfeited to the
Authority if the successful Contractor fails to file with the Authority a 100% Performance Bond, and a 100%
Labour and Material Payment Bond, satisfactory to the Authority within ten (10) calendar days from the date of
receipt of Notice of Acceptance of the Tender.
Notification of acceptance may be given and delivery of the form of Agreement made by prepaid post, addressed
to the Contractor at the address contained in this Tender.
Page 2 of 5 pages
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ITEMIZED BID
CONTRACT NO. CL2005-2
In accordance with the first paragraph of this Tender, the Contractor hereby offers to complete the work specified for Contract
No. CL2005-2 for the following unit prices.
Spec. No.
SP
(P)
The numbers in this column refer to the applicable issue of the Ontario Provincial Standard Specifications
Refers to Special Provisions
Plan Quantity Payment Item
Quantity
VALLEY'S 2000 POND
I 201,510 Site Preparation LS
SP
2 206,565 Earth Excavation (Grading) m3
SP (P)
3 SP Inlet Weir LS
4 SP Outlet Weir LS
5 SP Rock on Plateau ea
6 570,572 Topsoil, Seed and Mulch m2
SP
7 206,314 Limestone Pathway m
SP
8 577 Light Duty Silt Fence m
SP
Sub-Total
3
4,564.15 4,564.15
15.39 12,312.00
2,594.23 2,594.23
2,956.84 2,956.84
410.25 1,230.75
3.16 3,792.00
32.75 1,506.50
15.95 2,392.50
31,348.97
800
1,200
46
150
SUMMARY:
Sub-Total
31,348.97
Total (excluding GST)
GST (7% of Total)
Tenderer's GST Registration No. R132431768
PI29391ISpecslltcmBid-SignDoc:s.xls
Page 3 of 5 pages
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AGREEMENT TO BOND (to be completed bv Bondin!! Company)
CONTRACT NO. CL200S-2
Bond No.: 100006598-4
WE, the Undersigned, HEREBY AGREE to become bound as Surety for
HARD-CO CONSTRUCTION LTD.
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.CL2005-2 is accepted by the Authority.
IT IS A CONDITION of this Agreement that if the above mentioned Tender is accepted, application
for a Performance Bond and a Labour and Material Payment Bond must be made to the Undersigned within TEN
(10) DAYS of Notice of Contract Award, otherwise the Agreement shall be null and void.
DATED AT Toronto
this
day of F ebruarv
2005
18th
St. Paul Guarantee Insurance Companv
Name of Bonding Company
JaCQueline Miller
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 4 of 5 pages
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SCHEDULE OF TENDER DATA
CONTRACT NO. CL2005-2
The work specified in the Contract shall be performed in strict accordance with the following Schedule:
A.
TENDER FORM: General
Itemized Bid
Agreement to Bond
Schedule of Tender Data
Pages I and 2
Page 3
Page 4
Page 5
B. STANDARD TERMS AND CONDITIONS
C. INSTRUCTIONS TO TENDERERS Pages I to 4
D. SPECIAL PROVISIONS - GENERAL Pages I to II
E. SPECIAL PROVISIONS - TENDER ITEMS Pages I to 2
F. STANDARDS
G. PLANS: Drawings No. I and 2
H. STANDARD SPECIFICATIONS: It shall be the Contractor's responsibility to obtain the applicable
edition of the fonowing Ontario Provincial Standard Specifications.
OPSS No. Date OPSS No. Date OPSS No. Date OPSS No. Date
127 Current 206 Nov. 2000 565 Anr. 1988 577 Feb. 1996
128 Current 314 Dec. 1993 570 AWl. 1990
201 Nov. 2003 510 Apr. 2003 572 Nov. 2003
I. GENERAL CONDITIONS: OPS General Conditions of Contract (September 1999)
The Contractor, by this Tender, offers to complete the work of this Contract in strict accordance with the terms
contained herein.
The bidder certifies that it has met an of its obligations to comply with the Provincial Retail Sales Tax
requirements, so that it is able to do business in Ontario.
Yes
x
No
By my/our signature hereunder, l/we hereby identify this as the Schedule of Tender Data, Plans and .'
Specifications, for Contract No. CL2005-2, executed by me/us bearing date the 25th day of FebruarV<'~{).95
and we have fully read an related documents to tender data as listed above. .'. -':.':., - :..:, --
SIGNATURE:
'. ,....."4
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POSITION
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NAME OF FIRM
~PANY SEAL)
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PrivacY Lel!islation
Federal legislation governs the collection and use of personal information from individuals. We represent and warrant to the owner that we
have obtained the CONSENT of any and all employees whose personal information we have supplied to the owner in this tender. This
personal information, which includes, b.ut 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 infonnation to the Engineer (owner or agent)
for the purpose of evaluating our bid. In the event that the tender is successful, this personal infonnation may also be used in project
administration, for contact purposes.
This is Page 5 of 5 Pages to be submitted as the Tender Submission for Contract No. CL2005-2.
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CORPORATION OF THE MUNICIPALITY OF CLARINGTON
CONTRACT NO. CL200S-2
STANDARD TERMS AND CONDITIONS
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STANDARD TERMS AND CONDITIONS
The Municipality of Clarington's "Standard Term; and Conditions" shall apply to this Contract except
where noted below.
. Clause 8 of the "Standard Term; 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 Term; 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 Term; and Conditions" shall be superceded by Clause 16,
"Workplace Hazardous Materials Infonnation Systern(WHMIS)".
P/2939lfSpecsJ20693- T &C.doc
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STANDARD TERMS AND CONDITIONS
I.
DEFINITIONS
Municipality - The Corporation of the Municipality of Clarington, its successors and assigns.
Bidder - The person, firm or corporation submitting a bid to the Muuicipality.
Company - The person, contractor, firm or corporation to whom the Municipality has awarded the
contract, it successors and assigns.
Contract - The purchase order authorizing the company to perform the work, purchase order alterations,
the documeot and addeoda, the bid, and surety.
Snbcontractor - A person, firm or corporation having a contract with the company for, or any part of, the
work.
Document - The docurneot( 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, fixtores, 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 Oarington Purchasing By-law #94-129 and
will apply for the calling, receiving, and opening of bids. The Municipality will be responsible for
evaluatiog 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 hereio. The eovelope 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 typewritteo. Any form of erasure, strikeout or over-writiog
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 hereio.
Failure to return the documeot 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, unopeoed.
Should a dispute arise from the terms and conditions of any part of the contract, regarding meaning,
intent or ambiguity, the decision of the Municipality shall be final.
STANDARD TERMS AND CONDITIONS (continued)
3.
CONTRACT
The contract consists of the documents aforementioned.
The contract and portions thereof take precedence in the order in which they are named above,
notwithstanding the chronological order in which they are issued or executed.
The intent of the contract is that the Company shall supply work which is fit and suitable for the
Municipality's intended use and complete for a particular purpose.
None of the conditions contained in the Bidder's standard or general conditions of sale shall be of any
effect unless explicitly agreed to by the Municipality and specifically referred to in the purchase order.
4.
CLARIFICATION OF THE DOCUMENT
Any clarification of the document required by the Bidder prior to submission of its bid shall be requested
through the Municipality's contact identified in the document. Any such clarification so given shall not in
any way alter the document and in no case shall oral arrangements be considered.
Every notice, advice or other communication pertaining thereto will be in the form of a written addendum.
No officer, agent or employee of the Municipality is authorized to alter orally any portion of the document.
5.
PROOF OF ABILITY
The bidder may be required to show, in terms of experience and facilities, evidence of its ability, as well as
that of any proposed subcontractor, to perform the work by the specified delivery date.
6.
DELIVERY
Unless otherwise stated, the work specified in the bid shall be delivered or completely performed by the
Company as soon as possible and in any event within the period set out herein as the guaranteed period of
delivery or completion after receipt of a purchase order therefor.
A detailed delivery ticket or piece tally, showing the exact quantity of goods, materials, articles or
equipment, shall accompany each delivery thereof. Receiving by a foreperson, storekeeper or other such
receiver shall not bind the Municipality to accept the work covered thereby, or the particulars of the
delivery ticket or piece tally thereof.
Work shall be subject to further inspection and approval by the Municipality.
The Company shall be responsible for arranging the work so that completion shall be as specified in the
contract.
Time shall be of the essence of the contract.
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7.
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STANDARD TERMS AND CONDITIONS (continued)
PRICING
Prices shall be in Caoadiao Funds, quoted separately for each item stipulated, F.O.B. destination.
Prices shall be firm for the duration of the contract.
Prices bid must include all incidental costs and the Compaoy shall be deemed to be satisfied as to the full
requirements of the bid. No claims for extra work will be entertained aod aoy additional work must be
authorized in writing prior to commencement. Should the Compaoy require more information or
clarification on aoy point, it must be obtained prior to the submission of the bid.
Payment shall be full compensation for all costs related to the work, including operating aod overhead
costs to provide work to the satisfaction of the Municipality.
All prices quoted shall include applicable customs duty, excise tax, freight, insuraoce, aod all other
charges of every kind attributable to the work. Goods aod Services Tax aod Provincial Sales Tax shall be
extra aod not shown, unless otherwise specified herein.
If the Bidder intends to maoufacture or fabricate aoy part of the work outside of Caoada, it shall arraoge
its shipping procedures so that its agent or representative in Caoada is the importer of record for customs
purposes.
Should aoy additional tax, duty or aoy variation in aoy tax or duty be imposed by the Government of
Caoada or the Province of Ontario become directly applicable to work specified in this document
subsequent to its submission by the Bidder aod before the delivery of the work covered thereby pursuaot to
a purchase order issued by the Municipality appropriate increase or decrease in the price of work shall be
made to compensate for such chaoges as of the effective date thereof
8.
TERMS OF PAYMENT
Where required by the Construction Lien Act appropriate monies may be held back until 60 days after the
completion of the work.
Payments made hereunder, including fina1 payment sha1I not relieve the compaoy from its obligations or
liabilities under the contract.
Acceptance by the compaoy of the final payment .shall constitute a waiver of claims by the compaoy
against the Municipality, except those previously made in writing in accordaoce with the contract aod still
unsettled.
The Municipality shall have the right to withhold from aoy sum otherwise payable to the compaoy such
amount as may be sufficient to remedy aoy defect or deficiency in the work, pending correction of it.
Payment may be made 30 days after delivery pursuaot to the Bidder submitting ao invoice, contract
requirements being completed aod work being deemed satisfactory.
9.
PATENTS AND COPYRIGHTS
The compaoy shall, at its expense, defend all claims, actions or proceedings against the Municipality
based on aoy allegations that the work or aoy part of the work constitutes ao infringement of aoy patent,
copyright or other proprietary right, aod shall pay to the Municipality all costs, damages, charges aod
expenses, including its lawyers' fees on a solicitor aod his own client basis occasioned to the Municipality
by reason thereof
The compaoy shall pay all royalties aod patent license fees required for the work.
STANDARD TERMS AND CONDITIONS (continued)
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9.
PATENTS AND COPYRIGHTS- cont'd
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If the work or any part thereof is in any action or proceeding held to constitute an infringement, the
company shall forthwith either secure for the Municipality the right to continue using the work or shall at
the company's expense, replace the infringing work with non-infringing work or modify it so that the
work no longer infringes.
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10.
ALTERNATES
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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.
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II.
EOillV ALENCY
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Any opinion determined by the Municipality with respect to equivalency shall be final.
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12. ASSIGNMENT AND SUBCONTRACTING
The company shall not assign or subcontract the contract or any portion thereof without the prior written
consent of the Municipality.
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13.
FINANCING INFORMATION REOillRED OF THE COMPANY
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The Municipality is entitled to request of the Company to furnish reasonable evidence that financial
arrangements have been made to fulfil the Municipality's obligations under the Contract.
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14.
LAWS AND REGULATIONS
The company shall comply with relevant Federal, Provincial and Municipal statutes, regnlations and by-
laws pertaining to the work and its performance. The company shall be responsible for ensuring similar
compliance by suppliers and subcontractors.
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The contract shall be governed by and interpreted in accordance with the laws of the Province of Ontario.
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15.
CORRECTION OF DEFECTS
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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.
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STANDARD TERMS AND CONDITIONS (continued)
16.
BID ACCEPTANCE
The Municipality reserves the right to award by item, or part thereof, groups of items, or parts thereof, or
all items of the bids and to award contracts to one or more bidders submitting identical bids as to price; to
accept or rtject any bids in whole or in part; to waive irregularities and omissions, if in so doing, the best
interests of the Municipality will be served. No liability shall accrue to the Municipality for its decision in
this regard.
Bids shall be irrevocable for 90 days after the official closing time.
The placing in the mail or delivery to the Bidder's shown address given in the bid of a notice of award to a
bidder by the Municipality shall constitute notice of acceptance of contract by the Municipality to the
extent described in the notice of award.
17.
DEFAULT BY COMPANY
a.
If the company: commits any act of bankruptcy; or if a receiver is appointed on accoubt of its
insolvency or in respect of any of its property; or if the company makes a general assignment for
the benefit of its creditors; then, in any such case, the Municipality may, without notice:
terminate the contract.
b.
If the company: fails to comply with any request, instruction or order of the Municipality; or fuils
to pay its accounts; or fuils to comply with or persistently disregard statutes, regulations, by-laws
or directives of relevant authorities relating to the work; or fails to prosecute the work with skill
and diligence; or assigns or sublets the contract or any portion thereof without the Municipality's
prior written consent; or refuses to correct defective work; or is otherwise in default in carrying
out its part of any of the terms, conditions and obligations of the contract, then, in any such case,
the Municipality may, upon expiration of ten days from the date of written notice to the company,
terminate the contract.
c.
Any termination of the contract by the Municipality, as aforesaid, shall be without prtjudice to
any other rights or remedies the Municipality may have and without incurring any liability
whatsoever in respect thereto.
d.
If the Municipality terminates the contract, it is entitled to:
i) take possession of all work in progress, materials and construction equipment then at the
project site (at no additional charge for the retention or use of the construction
equipment), and finish the work by whatever means the Municipality may deem
appropriate under the circumstances;
ii) withhold any further payments to the company until the completion of the work and the
expiry of all obligations under the Correction of Defects section;
iii) recover from the company loss, damage and expense incurred by the Municipality by
reason of the company's default (which may be deducted from any monies due or
becoming due to the company, any balance to be paid by the company to the
Municipality).
18.
CONTRACT CANCELLATION
The Municipality shall have the right, which may be exercised from time to time, to cancel any
uncompleted or unperformed portion of the work or part thereof In the event of such cancellation, the
Municipality and the Company may negotiate a settlement. The Municipality shall not be liable to the
Company for loss of anticipated profit on the cancelled portion or portions of the work.
STANDARD TERMS AND CONDITIONS (continued)
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19.
QUANTITIES
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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.
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Payment will be by the unit complete at the bid price on actual quantities deemed acceptable by the
Municipality.
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SAMPLES
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20.
Upon request, samples must be submitted strictly in accordance with instructions. If samples are
requested subsequent to opening of bids, they shall be delivered within three (3) working days following
such request, unless additional time is granted. Samples must be submitted free of charge and will be
returned at the bidder's expense, upon request, provided they have not been destroyed by tests, or are not
required for comparison purposes.
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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.
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Samples submitted must be accompanied by current Material Safety Data Sheets (MSDS) where
applicable.
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SURETY
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21.
The successful tenderer shall, if the Municipality in its absolute discretion so desires, be required to satisfY
surety requirements by providing a deposit in the form of a certified cheque, bank draft or money order or
other form of surety, in an amount determined by the Municipality. This surety may be held by the
Municipality until 60 days after the day on which all work covered by the contract has been completed and
accepted. The surety may be returned before the 60 days have elapsed providing satisfactory evidence is
provided that all liabilities incurred by the company in carrying out the work have expired or have been
satisfied .and that a Certificate of Oearance from the (WSffi) Workplace Safety and Insurance Board has
been received.
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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.
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22. WORKPLACE SAFETY AND INSURANCE BOARD
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All of the Company's personnel must be covered by the insurance plan under the Workplace Safety and
Insurance Act, 1997. Upon request by the Municipality, an original Letter of Good Standing for the
Workplace Safety and Insurance Board shall be provided prior to the commencement of Work indicating
all payments by the Company to the Board have been made. Prior to final payment, a Certificate of
Clearance must be issued indicating all payments by the Company to the Board in conjunction with the
subject Contract have been made and that the Municipality will not be liable to the Board for future
payments in connection with the Company's fulfilment of the contract. Further Certificates of Clearance
or other types of certificates shall be provided upon request.
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23.
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24.
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25.
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26.
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STANDARD TERMS AND CONDITIONS (continued)
INSURANCE
The company shall maintain and pay for Comprehensive General Liability insurance including premises
and all operations. This insurance coverage shall be subject to limits of not less than $3,000,000.00
inclusive per occurrence for third party Bodily Injury and Property Damage or such other coverage or
amount as may be requested.
The policy shall include the Municipality as an additional insured in respect of all operations performed
by or on behalf of the Company A certified copy of such policy or certificate shall be provided to the
respective participant prior to commencement of the work. Further certified copies shall be provided upon
request.
LIABILITY
The company agrees to defend, fully indemnifY and save harmless the Municipality from all actions, snits,
claims, demands, losses, costs, charges and expenses whatsoever for all damage or injury including death
to any person and all damage to any property which may arise directly or indirectly by reason of a
requirement of the contract, save and except for damage caused by the negligence of the Municipality or
its employees.
The Company agrees to defend, fully indenmi1Y and save harmless the Municipality from any and all
charges, fines, penalties and costs that may be incurred or paid by the Municipality if the Municipality or
any of its employees shall be made a party to any charge under the Occupational Health and Safety Act in
relation to any violation of the Act arising out of this contract.
VISITING THE SITE
The Company shalI 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.
SAFETY
The Company shall obey all Federal, Provincial and Municipal Laws, Act. Ordinances, Regulations,
Orders-in-Council and By-laws, which could in any way pertain to the work outlined in the Contract or to
the Employees of the Company. Without limiting the generality of the foregoing, the Company shall
satisfY all statutory requirements imposed by the Occupational Health and Safety Act and Regulations
made thereunder, on a contractor, a Constructor 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.
STANDARD TERMS AND CONDITIONS (continued)
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27.
UNPAID ACCOUNTS
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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.
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28.
SUSPENSION OF WORK
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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.
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The resumption and completion of work after the suspension shall be governed by the schedule established
by the Municipality.
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29.
CHANGES IN THE WORK
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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.
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30.
CONFLICT OF INTEREST
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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.
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31.
MUNICIPAL FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY ACT (MFIPPA)
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All correspondence, documentation, and information provided to staff of the Municipality of Clarington
by every offerer, including the submission of proposals, shall become the property of the Municipality, and
as such, is subject to the Municipal Freedom of Information and Protection of Privacy Act, and may be
subject to release pursuant to the Act.
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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. CL200S-2
INSTRUCTIONS TO TENDERERS
PI293911SpeC8!20692-IT.doc
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INDEX
INSTRUCTIONS TO TENDERERS
CONTRACT NO. CL2005-2
CLAUSE
SUBJECT
PAGE
1. GENERAL................................................................................................................... 1
2. BLANK FORM OF TENDER............................................................................................. 1
3. TENDER DEPOSITS ...... ........ ....... ......... ............... ............. ................. ......... ................... 1
4. BONDS ..... ...... .......... ........ ........ ........ ........ ..... ......... ...... ... ..... ....... ... ......... ...... ....... ......2
5. RlGHT TO ACCEPT OR REJECT TENDERS......................................................................... 2
6. UNACCEPTABLE TENDERS ................ ........ ...... ...... .......... ........ ....... ......... ....... ..... .........2
7. ABILITY AND EXPERIENCE OF TENDERER...................................................................... 2
8. PROVINCIAL SALES TAX ..............................................................................................2
9. GOODS AND SERVICES TAX (GST)............ ........ ........ ..... .......... ...................... ................ 3
10. EXECUTE CONTRACT DOCUMENTS............................................................................... 3
11. COMMENCEMENT OF WORK......................................................................................... 3
12. LOCATION.................................................................................................................. 3
13. TENDERERS TO INVESTIGATE........ ......... ..... .......... ...... ............... ........ ....... ....... ...... ......3
14. INQUIRIES DURING TENDERING.................................................................................... 4
15. DEFINITION OF OWNER/AUTHORITY AND ENGINEER/CONTRACT ADMINISTRATOR.............. 4
16. ADDENDA... ...... ....... .......... ................ ............ ................. ....... ..... ................. ..... ......... 4
17. UTILITIES.......... ......... ........ ................ .............. ....... ........ .............. .............................4
18. SITE ACCESS ...... ...... ... ....... ......... ....... ........ ....... ......... ...... ...... ........ ..... ... ....... ...... ... ..... 4
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PAGE ONE
INSTRUCTIONS TO TENDERERS
CONTRACT NO. CL200S-2
1.
GENERAL
SEALED Tenders plainly marked "Contract No. CL2005-2" will be received until:
2:00:00 P.M., LOCAL TIME, FRIDAY, FEBRUARY 25,2005
and shall be addressed to:
Mrs. Patti Barrie, Clerk
Corporation of the Municipality of Clarington
40 Temperance Street
BOWMANVILLE, Ontario. LlC 3A6
2.
BLANK FORM OF TENDER
One copy of the Tender, on the forms provided, shall be submitted. All information requested shall
be shown in the tender, in the space provided.
3.
TENDER DEPOSITS
All tenders shall be accompanied by a certified cheque or a bid bond in the mininnun amount
defined below, made payable to the Authority, as a guarantee for the execution of the Contract.
.................. ....".,.,.,.,.".:.,.;.:.;.:.:.,.:-,.:.:."..
....-.....-.........-.........................................
llll~immllml~~ij~lllll!
llllll!llll!l{@lllllllli
$1,000.00
2,000.00
5,000.00
10,000.00
25,000.00
50,000.00
100,000.00
200,000.00
$ 20,000.00 or less
20,000.01 to 50,000.00
50,000.01 to 100,000.00
100,000.01 to 250,000.00
250,000.01 to 500,000.00
500,000.01 to 1,000,000.00
1,000,000.01 to 2,000,000.00
2,000,000.01 and over
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
Docmnents.
The retained tender deposits will be returned when the successful Tenderer has fully complied with
the conditions outlined in the Contract Docmnents.
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INSTRUCTIONS TO TENDERERS
CONTRACT NO. CL2005-2
2.
4. BONDS
The Contractor is required to provide a Performance Bond, and a Labour and Material Payment
Bond, each in an amount equal to 100 percent of the Total Tender Amount, to guarantee his
faithful performance of this Contract and his fulfilment of all obligations in respect of maintenance
and payment for labour and materials used on this work.
Each Bond shall be with a satisfactory Guarantee Surety Company, resident in Canada or
autborized to carry on business in Canada.
An Agreement to Bond nmst be submitted witb tbe tender bid. Bonding cotIllany standard
"Agreement to Bond" forms are acceptable.
5. RIGHT TO ACCEPT OR REJECT TENDERS
The Autbority reserves tbe 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 tbe envelopes provided.
6. UNACCEPTABLE TENDERS
Each item in tbe Tender Form shall include a reasonable price for such item Under no
circum<;tances will an uubalanced tender be considered. The Authority and tbe Contract
Administrator will be tbe sole judge of such matters, and should any tender be considered to be
unbalanced, tben it will be rejected by the Authority.
7. ABILITY AND EXPERIENCE OF TENDERER
The Authority reserves tbe right to reject any tender where satisfactory evidence of sufficient
capital, plant and experience to successfully prosecute and complete tbe work in tbe 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 tbis
Contract.
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INSTRUCTIONS TO TENDERERS
CONTRACT NO. CL200S-2
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 of30 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 T enderers or take such other action as it chooses.
11. COMMENCEMENT OF WORK
The successful Tenderer shall connnence work at the site witbin 7 calendar days of the official
conunencement date as specified in the written order issued in accordance with GC7. 01.02 of the
General Conditions.
12. LOCATION
The work is located east of Spry Avenue opposite Hetherington Boulevard in Bowmanville.
13. TENDERERS TO INVESTIGATE
Tenderers must satisfy themselves by personal examination of the site and by such other means as
they may prefer as to the actual conditions and requirements of the work.
The Tenderer shall carefully examine all plans and profiles so that the unit prices tendered are
commensurate with the nature of the work.
It shall be the Contractor's responsibility to thoroughly inspect the site of the proposed works,
determine the location of any buried or obstructing services and make satisfactory arrangements
for interference with such service with the proper jurisdictional agency.
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INSTRUCTIONS TO TENDERERS
CONTRACT NO. CL2005-2
4.
14. INQIDRIES DURING TENDERING
The Tenderer is advised that inquiries regarding the interpretation of the plans or specifications,
shall be directed to the Contract Administrator, TSH, Telephone: 905-372-2121, attention: Ron
Albright, P.Eng.
15. DEFINITION OF OWNER/AUTHORITY AND
ENGINEER/CONTRACTADMlNISTRATOR
Wherever the word "Owner" or "Authority" or "Corporation" appears in this Contract, it shall be
interpreted as meaning the "Corporation of the Municipality of Clarington".
Wherever the word "Ministry", "M.T.C." or "M.T.O" appears it shall be deemed to mean the
"Ministry of Transportation, Ontario" or the "Corporation of the Municipality 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.
16. ADDENDA
The Contractor shall ensure that all addenda issued during the tendering period are attached as
part of the submitted bid. Failure to do so will result in disqualification of the bid.
17. UTILITIES
For additional information regarding existing utilities the Contractor may contact the following
personnel:
Veridian:
Mr. Terrence Butler
Tel: 888-445-2881
Ex!: 4308
Enbridgel
Consumers Gas:
Mr. Frank Cholewa
Tel: 800-361-0621
Ex!: 2672
Bell Canada: Ms. Kimberly MacLellan
Tel: 905-433-3061
Cable TV
Ms. Cindy Ward
Tel: 905-436-4138
18. SITE ACCESS
Access to the site is from the northeast comer of Spry A venue, through the field east of the
existing residential housing.
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CORPORATION OF THE MUNICIPALITY OF CLARINGTON
CONTRACT NO. CL200S-2
SPECIAL PROVISIONS - GENERAL
PI29391/Spel&"20694-SPO.doc
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INDEX
SPECIAL PROVISIONS-GENERAL
CONTRACT NO. CL2005-2
CLAUSE
SUBJECT
PAGE
I. PLAN QUANTITY ITEMS .............................................................................................................. I
2. GUARANTEED MAINTENANCE .................................................................................................. I
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..........................................................................................2
8. PAYMENTS ....................................................................................................................................3
9. UTILITIES ................................. ......................................................................................................3
10. DUST CONTROL........ ...... .............................................................................................................. 4
II. CONTRACTOR'S SUPPLY OF CONSTRUCTION SIGNS ............................................................ 4
12. EMERGENCY AND MAINTENANCE MEASURES...................................................................... 4
13. ENGINEERING FIELD OFFICE ........................... .......................................................................... 5
14. MANAGEMENT AND DISPOSAL OF EXCESS MATERIAL....................................................... 5
IS. OCCUPATIONAL HEALTH AND SAFETY ACT 1991 - DESIGNATED SUBSTANCES ............6
16. WORKPLACE HAZARDOUS MATERIAL INFORMATION SYSTEM (WHMIS)........................ 7
17. SPILLS REPORTING ................................................................................................................ ...... 7
18. PROTECTION OF WATER QUALITy...........................................................................................7
19. ENTRY ONTO PRN ATE PROPERTY........................................................................................... 8
20. GENERAL LIABILITY INSURANCE ................................. .................................. .... .... ...... ............ 8
21. CONSTRUCTION LIEN ACT .........................................................................................................8
22. TREE PROTECTION ....... ............... ............................... ... ................................ ............. ..... ............9
23. PROPERTY OWNER'S RELEASE OF PRNATEL Y OWNED LAND USED BY THE
CONTRACTOR............................................................................................................................. II
SCHEDULE (C)-CONTRACTOR SAFETY
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PAGE ONE
SPECIAL PROVISIONS - GENERAL
CONTRACT NO. CL2005-2
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
(I) Time
Time shall be the essence of this Contract.
For purposes of this Contract, GC1.04 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 Contractor shall accomplish completion of this Contract as defined in GC1.06 of the General
Conditions on or before Friday, June 17,2005.
If the contract time above specified is not sufficient to permit completion of the work by the
Contractor working a normal number of hours each day or week on a single daylight shift basis,
it is expected that additional and/or augmented daylight shifts will be required throughout the life
of the contract to the extent deemed necessary by the Contractor to insure that the work will be
completed within the contract time specified. Any additional costs occasioned by compliance
with these provisions will be considered to be included in the prices bid for the various items of
work and no additional compensation will be allowed therefor.
(3) Liquidated Damages
It is agreed by the parties to the contract that in case all the work called for under the contract is
not completed by the date specified, or as extended in accordance with Section GC3.07 of the
General Conditions, a loss or damage will be sustained by the Authority. Since it is and will be
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SPECIAL PROVISIONS - GENERAL
CONTRACT NO. CL2005-2
2.
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 smn of FIVE HUNDRED DOLLARS ($500.00)
as liquidated damages for each and every calendar day's delay in achieving completion of the
work beyond the date prescnbed It is agreed that this amount is an estimate of the actua1loss or
damage to the Authority which will accrue during the period in excess of the prescnbed date for
completion.
The Authority may deduct any amount under this paragraph from any moneys that may be due or
payable to the Contractor on any account whatsoever. The liquidated damages payable under this
paragraph are in addition to and without prejudice to any other remedy, action or other
alternative that may be available to the Authority.
4. CONTRACTOR'S AUTHORIZED REPRESENTATIVE
Authorized representative as referenced in GC7. 0 I. 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:
The Contract Administrator shall lay out and establish the primary aligmnent and grade controls
necessary for construction. The Contractor shall provide the Contract Administrator with sufficient
advance notice of his requirements to pennit appropriate scheduling of the layout work.
The layout perfonned by the Contract Administrator shall be sufficient to pennit construction of the
work by the Contractor in cOIqJliance 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 pennitted 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.
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SPECIAL PROVISIONS - GENERAL
CONTRACT NO. CL2005-2
3.
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 Perfonnance, 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 GC1.06. The date for interest due to late
payment shall connnence following 180 days after the date of completion of the work.
As a condition of the final holdback payment, the Contractor shall provide the required Property
Owner's Releases as specified elsewhere, as appropriate.
The Contractor shall include in his price for the publication of the Certificate of Substantial
Performance. Publication is mandatory whether Contractor requests Substantial Performance or not.
The Contractor is advised that the Authority may withhold payment on Interim and Holdback Release
Certificates up to 30 calendar days from the date of receipt of the executed Payment Certificates.
9. UTILITIES
Sections GC2.01 and GC7.12 02) ofthe General Conditions are deleted in their entirety and are
replaced by the following:
The Contractor shall be responsible for the protection of all utilities at the job site during the time of
construction.
The Authority will be responsible for the relocation of utilities where required. However, no claims
will be considered which are based on delays or inconvenience resulting from the relocation not being
completed before the start of this Contract.
The location and depth of underground utilities shown on the Contract drawings, are based on the
investigations made by the Authority. It is, however, the Contractor's responsibility to contact the
appropriate agencies for further information in regard to the exact location of all utilities, to exercise
the necessary care in construction operations and to take such other precautions as are necessary to
safeguard the utilities from damage.
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SPECIAL PROVISIONS - GENERAL
CONTRACT NO. CL2005-2
4.
10. DUST CONTROL
As a part of the work required under Section GC7.06 of the General Conditions, the Contractor shall
take such steps as may be required to prevent dust nuisance resulting from his operations either
within the right-of-way or elsewhere or by public traffic where it is the Contractor's responsibility to
maintain a roadway through the work.
Where the work requires the sawing of asphalt or the sawing or grinding of concrete, blades and
grinders of the wet type shall be used together with sufficient water to prevent the incidence of dust,
wherever dust would affect traffic or wherever dust would be a nuisance to residents of the area
where the work is being carried out.
The cost of all such preventative measures shall be borne by the Contractor except however where
water or calcium 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.
11. 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 tetqlorary 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 mininmm requirement and without restricting the Contract Administrator or the Authority in
requiring further controls, the following signs shall be supplied:
i!~III~&11
TC-l
~_III.J
4
Traffic controls shall be operational before work affecting traffic begins.
12. EMERGENCY AND MAINTENANCE MEASURES
Whenever the construction site is unattended by the general superintendent, the name, address and
telephone nwnber of a responsible official of the contracting finn, 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. CL2005-2
5.
Should the Contractor be wable to carry out innnediate remedial measures required, the Authority
will carry out the necessary repairs, the costs for which shall be charged to the Contractor.
13. ENGINEERING FIELD OFFICE
A separate field office for the Contract Administrator will not be required on this Contract. The
Contractor shall, however, permit the Contract Administrator to make use of his office
acconunodation and other facilities as reqnired, and at no extra cost to the Authority.
14. MANAGEMENT AND DISPOSAL OF EXCESS MATERIAL
The requirements of OPSS 180 shall apply to this Contract, revised as follows:
.1 Section 180.03, Definitions, shall be am:nded by the addition of the following:
Work area: means the road allowance, right-of-way, and property with a bowdary conunon 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 am:nded by the addition
of the following:
Recycled hot mix asphalt or excess bituminous pavement shall not be used as trench backfill or
bedding.
The Contractor shall be responsible for obtaining a copy of applicable Form Nos. OPSF 1800, OPSF
1801, OPSF 1803 and OPSF 1805 for use where appropriate with respect to disposal of excess
material.
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SPECIAL PROVISIONS - GENERAL
CONTRACT NO. CL2005-2
6.
15. OCCUPATIONAL HEALTH AND SAFETY ACT 1991 - DESIGNATED SUBSTANCES
In accordance with the requirements of Section l8a(l) of the Occupational Health and Safety Act, the
Authority has detennined that the designated substances as listed hereunder are present on the site and
within the limits of this Contract.
Acrylonitrile No
Arsenic No
Asbestos No
Benzene No
Coke Oven Emissions No
Ethylene Oxide No
Isocynates No
Lead No
Mercury No
Silica No
Vinyl CWoride 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 lA8
of the location( s) proposed for disposal of Designated Substances. A copy of the notification shall be
provided to the Contract Administrator a minimwn of two weeks in advance of work starting.
In the event that the Ministry of the Enviromnent has concerns with any proposed disposal location,
further notification shall be provided until the Ministry of the Enviromnent'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.
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SPECIAL PROVISIONS - GENERAL
CONTRACT NO. CL2005-2
7.
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.
16. WORKPLACE HAZARDOUS MATERIAL INFORMATION SYSTEM (WHMIS)
Reporting
Section GC4.03.06 is deleted and replaced with the following:
Prior to the con:nnencernent of work the Contractor shall provide, to the Contract Administrator, a list
of those products controlled under WHMIS which he expects to use on this Contract. Related
Material Safety Data Sheets shall accompany the submission. All containers used in the application
of products controlled under WHMIS shall be labelled.
The Contractor shall notify the Contract Administrator of changes to the list in writing and provide
the relevant Material Safety Data Sheets.
17. SPILLS REPORTING
Spills or discharges of pollutants or contaminants under the control of the Contractor, and spills or
discharges of pollutants or contaminants that are a result of the Contractor's operations that cause or
are likely to cause adverse effects shall forthwith be reported to the Contract Administrator. Such
spills or discharges and their adverse effects shall be as defined in the Environmental Protection Act
R.S.O. 1980.
All spills or discharges ofliquid, 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, uuless
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 ofhis legislated responsibilities regarding such spills or
discharges.
18. 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
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SPECIAL PROVISIONS - GENERAL
CONTRACT NO. CL2005-2
8.
watercourse. Where this measure is not sufficient or feasible to control sediment entering the
watercourses, sedimentation traps or geotextile coverage will be required.
If dewatering is required, the water shall be pumped into a sedimentation pond or diffused onto
vegetated areas a minimum of 30 metres from the watercourses and not pumped directly into the
watercourses.
No machinery shall enter the creek bed of any watercourse. Movement of construction equipment in
the vicinity of any creeks shall be limited to the minimum required for construction.
The Contractor shall not carry out equipment maintenance or refuelling or store fuel containers within
100 metres of any watercourse. The Contractor shall not stockpile construction debris or empty
fueVpesticide containers within the Contract limits.
19. 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.
20. GENERAL LIABILITY INSURANCE
Parties to the Contract beyond the Contractor, the Owner and the Contract Administrator must be
added as additional insureds (See Clause GC6.03.02.01).
21. CONSTRUCTION LIEN ACT
The Contractor shall give the Authority notice in writing, immediately, of all lien claims or potential
lien claims corning to the knowledge of the Contractor or his agents.
When a claim for lien is filed by a Subcontractor, labour or material supplier or equipment renter
acting under the Contractor, and proceedings are commenced by the Authority to vacate the lien, the
Contractor agrees and shall forthwith pay to the Authority, in addition to their reasonable legal fees
therefore, all interest costs and expenses incurred by the Authority and an additional sum equal to ten
percent (10%) of the sum found to be owing as liquidated damages, and such remedy shall be in
addition to any other remedy available to the Authority under the Contract Documents.
Where any lien claimant asks from the Authority the production for inspection of the Contract
Documents or the state of the accounts between the Authority and the Contractor, the Contractor
shall be liable for an administration fee of Two Hundred Dollars ($200.00) for each request made as
compensation for the preparation of such accounting or for the preparation of the Contract, or both,
as the case may be, and the Contractor acknowledges that such administrative fee shall be properly
deductIble, if the Authority should so choose, from monies otherwise payable to the Contractor under
the tenns of the Contract Documents.
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SPECIAL PROVISIONS - GENERAL
CONTRACT NO. CL2005-2
9.
Where an application is brought to a judge of a ccnq>etent jurisdiction to compel production of any
particular document to a lien claimant, the Contractor further agrees to indenmiry the Authority from
reasonable legal fees incurred in appearing on such an application and in addition agrees to pay to the
Authority its reasonable costs incurred in producing such documents to the extent that the same is
made necessary under the disposition of the matter by such judge, and the Contractor further agrees
that such reasonable costs and fees incurred by the Authority as stated herein may be properly
deductible from monies otherwise payable to the Contractor under the terms of the Contract
Documents.
22. TREE PROTECTION
General ConstraintslRequirements
Trees to be retained shall be protected from the Contractor's operations by, but not restricted to, the
following:
Prior to any construction activities, the Contractor shall install construction fencing around all trees
to be retained. The protective fencing W11l remain in place until the end of the contract unless the
Contractor is authorized by the Consultant or !be Owner to work within the fenced area.
Fencing should be placed twice the distance from the trunk that the dripline of the canopy extends
from the trunk. If construction space is limited, fencing shall be placed no closer to the trunk !ban the
drip line of the canopy.
If there is hard surfacing (sidewalk/road) under the canopy which continues beyond the dripline,
construction fencing shall be placed 300tmn inside the edge of the hard surface under the dripline, and
be placed no closer to the trunk !ban the dripline around the rest of the tree.
If a hard surface (path/sidewalk) travels under the canopy, and access must be maintained along the
surface, construction fencing shall be placed 300tmn from the edge of the hard surface on both sides,
and extend under the dripline of the tree.
No excavated soil, waste material, construction trailers, storage areas, construction materials of any
kind, chemical or washout water shall be stored or deposited within the fenced area.
Equipment or vehicles shall not be parked, repaired or refuelled, construction materials shall not be
stored, and earth materials shall not be stockpiled within the dripline area of any tree not designated
for removal.
The existing grade around a tree shall not be raised or lowered
No signs shall be attached to any tree.
Utmost care shall be taken at all times to avoid damage to roots, trunks, or branches of any tree.
The Contractor shall ensure that his operations do not cause flooding or sediment deposition on areas
where trees not designated for removal are located
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SPECIAL PROVISIONS - GENERAL
CONTRACT NO. CL2005-2
10.
Unless the contract requires work within the fenced area of trees not designated for removal,
equipment shall not be operated, parked, or stored within that fenced area. If the Contract requires
work within the fenced area of trees not designated for removal, work shall be done by hand wherever
possible, and operation of equipment shall be kept to the mininnnn necessary to perform work
required.
If equipment must be operated within the drip line of a tree, wood chip mnlch shall be spread over the
area to a depth of 150mm to 300mm as directed to disperse the weight of construction equipment.
Mnlch shall not be left in place for a prolonged period of time; it shall be removed carefully upon
completion of work in the dripline.
Tree Repair Work
All tree work shall be done by ISA Certified Arborists with a minimnm of five (5) years experience in
mature tree care and tree cliniJing. Climbing spikes are not to be used in trees to be retained.
Repair work to trees not designated for removal shall be performed in accordance with approved
horticnltural practice as follows:
Bark that is damaged by the Contractor's operations shall be neatly trimmed back to uninjured bark
using clean, sharp tools, without causing further injury, within five calendar days of damage.
Branches that are broken or severed by the Contractor's operations shall be cut flush, leaving the
branch collar undisturbed.
Roots that are severed shall be pruned with clean, sharp tools to leave a clean cut. Exposed roots
shall be backfilled immediately or covered with burlap and kept moist to minimize drying.
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SPECIAL PROVISIONS - GENERAL
CONTRACT NO. CL2005-2
11.
23. 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 Wldertaking works stipulated in
the Contract:
Date.......................
To:
Re: Contract No. CL2005-2
Dear
I hereby certify that
(Name of Contractor)
have fulfilled the terms of our agreement and have left my property in a satisfactory condition.
I have accepted their final payment and release
(Name of Contractor)
and the Municipality of Clarington from further obligations.
Yours very truly,
Signature
Property Owner's Name..... .......................Lot......Concession..........
MWlicipality of ........................................
(Please cotqJlete above in printing)
Final payment will not be released to the Contractor Wltil all the applicable fonns 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 nnder 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 (I), (2)), it is the constructor's responsibility to ensure that:
. the measures and procedures prescnbed by the Occupational Health and Safety Act and
the Regulations are carried out on the proiect;
every etqlloyer and every worker performing work on the proiect complies with the
Occupational Health and Safety Act and the Regulations (nnder the Act); and
. the health and safety of workers on the proiect is protected.
. Where so prescnbed, a constructor shall, before comnencing 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 tIUlnel, caisson, trench, excavation, highway, railway, street, fIUlway, parking lot,
cofferdam, conduit, sewer, watennain, service connection, telegraph, telephone or
electrical cable, pipe line, duct or well, or any combination thereot;
. the moving of a building or structure, and
any work or nndertaking, 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
nndertaking in connection with a project.
Constructor - means a person who nndertakes a project for an owner and includes an owner who
undertakes all or part of a project by hitmelf or by more than one employer.
Project Manager - means the municipal management representative who has responsibility for a
contract.
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SCHEDULE(C
CONTRACTOR SAFETY
POLICY AND PROCEDURE Continued...
PROCEDURE:
The following items are required before any Contractors are hired by the Municipality.
a) Before beginning a project, the project manager or delegate nmst determine whether any
designated substanceslhazardous materials are (or will be) present at the site and prepare a
list of all these substances.
b) The project manager or delegate nmst include, as part of the request for tender/quotations,
a copy of the above-mentioned list. The list of designated substanceslhazardous materials
nmst 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 substanceslhazardous materials that will be brought onto the work site and
material safety data sheets.
d) Before awarding a contract, contractor(s) will be required to complete and sign the Health
and Safety Practice Form (Schedule "A"). The Purchasing Office will maintain all
contractors safety perfonnance 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 nmst
provide details of their Health and Safety program.
g) The project manager or delegate nmst 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 cotlllleted (see Cotlllliance page 9).
h) Before the start of the assignment, the following documentation will be provided to the
successful contractor, by the project manager or delegate.
i) Copies of the Municipal Corporate Health and Safety Program
ii) Departmental health and safety policies
iii) Workplace procedures regarding health and safety practices.
i) The contractor has the responsibility to provide any and all prescnbed 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)
Cotllllies.
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SCHEDULE(C)
CONTRACTOR SAFETY
POLICY AND PROCEDURE Continued...
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 cOrqJliance. Similarly, the Municipality will have the right to issue warnings and/or
to stop work if there are any violations by the contractor of the Occupational Health and
Safety Act, Municipal Health and Safety programs, policies, rules, and/or if the contractor
creates an unacceptable health and safety hazard Written warnings and/or stop work
orders can be given to contractors using Contractor Health and Safety Warning/Stop Work
Order Form (Schedule "B").
k) Where applicable, the Municipality will retain the right to allow nnrnicipal erqJloyees to
refuse to work in accordance with the established policy and the Occupational Health and
Safety Act, in any unsafe conditions.
1) The Purchasing Department will maintain current certificates of clearance until all monies
owing have been paid to the contractor.
m) Responsibility for ensuring contractor corqJliance 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.
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SCHEDULE (C)
CONTRACTOR SAFETY
POLICY AND PROCEDURE Continued..
HEALTH AND SAFETY PRACTICE FORM
To Contractor( s):
The Muoicipality 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 koowledge of and operate in compliance with the Occupational Health and
Safety Act and any other legislation pertaining to employee health and safety.
In order to evaluate your company's health and safety experience, please provide the accident/incident
and/or Workplace Safety and Insurance Board (WSIB) information noted below, where applicable.
. The New Experimental Experience Rating (NEER)
- The WSIB experience rating system for non-construction rate groups
. The Council Amended Draft #7 (CAD-7) Rating
- The WSIB experience rating system for construction rate groups
Injury frequency performance for the last two years
- This may be available from the contractor's trade association
.
Has the contractor received any Ministry of Labour warnings or orders in the last two years? (If
the answer is yes, please include the infraction).
.
Confirmation of Independent Operator Status
- The WSIB independent operator number assigned:
(Bidders to include the letter confirming this status and number from WSIB with their bid
submission)
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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 c0111Jly 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 eIqlloyees,
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
'~ct't); and
b) have sufficient koowledge 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 eIqlloyees, it subcontractors and their eIqlloyees act safely and
c0111Jlying 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 innnediately upon being notified by any person of
the existence of such act, practice or non-compliance.
4. The contractor/successful tenderer shall pennit representatives of the Municipality and the
Health and Safety Committee on site at any time or times for the purpose of inspection to
determine compliance with this contractor/tender.
5. No act or omission by any representative of the Municipality shall be deemed to be an
assllfI1ltion of any of the duties or obligations of the contractor/successful tenderer or any
of its subcontractors under the Act.
6. The contractor/successful tenderer shall indemnify and save harmless the Municipality,
a) from any loss, inconvenience, damage or cost to the Municipality which may
result from the contractor/successful tenderer or any of its employees, its
subcontractors or their employees failing to act safely or to comply in all respects
with the Act in the performance of any matters required pursuant to this
contract/tender;
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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.
..\\.!':-~~:-.~~.~:~.~~.~':':-~~~.~.~...:::~.~.. ... .....3.t:':-.~~~..\\~~~.~~.C:}. ......... ....
Contractor Name of Person Signing for Contractor
~~A ....................................~~12:;:!::.
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SCHEDULE (C)
CONTRACTOR SAFETY
POLICY AND PROCEDURE Continued...
Schedule "B"
CONTRACTOR HEALTH AND SAFETY W ARNING/STOP WORK ORDER
The pmpose of this fonn is to: (Issuer to check one of the following)
Provide warning to the contractor to innnediately discontinue the unsafe work practice descnbed
below
Direct the contractor to innnediately cease all work being performed under this contract due to the
unsafe work practice descnbed below.
FAILURE TO COMPLY WITH THIS W ARNING/STOP WORK ORDER SHALL CONSTITUTE A
BREACH OF CONTRACT.
PART "A" - DETAILS OF CONTRACT
CONTRACTIP.O. #
DESCRIPTION:
NAME OF FIRM:
. . .
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I SCHEDULE (C)
CONTRACTOR SAFETY
I PART "B" - DETAILS OF INFRACTION (TO BE COMPLETED BY ISSUER)
I DATE & TIME OF INFRACTION:
I DESCRIPTION OF INFRACTION INCLUDING LOCATION:
I
I ORDER GIVEN BY MUNICIPALITY:
I
DID THE CONTRACTOR COMPLY WITH THIS ORDER?
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I DATE & TIME OF COMPLIANCE:
ISSUED TO:
I CONTRACTOR'S EMPLOYEE TITLE
ISSUED BY:
I MUNICIPAL EMPLOYEE, DEPARTMENT TITLE
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PART "C" - ADDITIONAL COMMENTS
I 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.
.
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. S/Admin!F(IJJll! & SpemlClllringlcolPolicy-MOC
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CORPORATION OF THE MUNICIPALITY OF CLARINGTON
CONTRACT NO. CL2005-2
SPECIAL PROVISIONS - TENDER ITEMS
PI2939l1Specaf206'''SP.T1.doc
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CORPORATION OF THE MUNICIPALITY OF CLARlNGTON
CONTRACT NO. CL2005-2
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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GENERAL CONOmONS OF CONTRACT
Table of Contents
SECTION GC 1.0 . INTERPRETATION
GC 1.01 Captions................................................................................................................... 1
GC 1.02 Abbreviations...........................................................................................................1
GC 1.03 Gender and Singular References............................................................................ 1
GC 1.04 Definitions................................................................................................................ 1
GC 1.05 Substantial Performance ......................................................................................... 5
GC 1.06 COmpietion...............................................................................................................6
GC 1.07 Final Acceptance .....................................................................................................6
GC 1.08 Interpretation of Certain Words ............................................................................... 6
SECTION GC 2.0 - CONTRACT DOCUMENTS
GC 2.01 Reliance on Contract Documents............................................................................ 7
GC 2.02 Order of Precedence ...............................................................................................7
SECTION GC 3.0. ADMINISTRATION OF THE CONTRACT
GC 3.01 Contract Administrato~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 TlI11e ................................,.................................................. 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
OPSa.n.r.J~.fII~.8 .b.._llIIIll
T.... fII ConlInII.1
GC 3.11.03
GC3.12
GC3.13
GC 3.14
GC 3.14.01
GC 3.14.02
GC 3.14.03
GC.3.14.04
GC.3.14.05
GC3.14.06
GC 3.14.07
GC3.15
GC 3.15.01
GC 3.15.02
GC 3.15.03
GC 3.15.04
GC 3.15.05
GC 3.16
Additional Work ..................................................................................................... 12
Notices................................................................................................................... 12
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Use and Occupancy oftlle Work Prior to Substantial Perfonnance..................... 13
Claims. Negotiations. Mediation............................................................................ 13
Continuance of the Work....................................................................................... 13
Record Keeping ..................................................................................................... 13
Claims Procedure .................................................................................................. 13
Negotiations........................................................................................................... 14
Mediation ............................................................................................................... 14
Payment................................................................................................................ 14
Rights of Both Parties............................................................................................ 15
Engineering Arbitration ................................................. .............................. ............ 15
Conditions for Engineering Albitration................................................................... 15
Albitration Procedure.. ............. .............................................................................. 15
Appointment of Albitrator............................ ........................................................... 15
Costs...................................................................................................................... 16
The Oecision.......................................................................................................... 16
SECTION GC 4.0 - OWNER'S RESPONSIBILITIES AND RIGHTS
Archaeological Finds ............................................................................................. 16
GC 4.01
GC 4.02
GC 4.03
GC 4.04
GC 4.05
GC 4.06
GC 4.07
GC 4.08
GC 4.09
Working Area ......................................................................................................... 17
Approvals and Pennits .......................................................................................... 17
Management and Disposition of Materials ............................................................ 17
" . . 18
Construction Affecting Railway Property ...............................................................
Default by the Contractor....................................................................................... 18
Notification of Default ............................................................................................ 18
Contractor's Right to Correct a Default.................................................................. 18
Owner's Right to Correct Detault........................................................................... 18
Tennlnatlon of Contractor's Right to Continue the Work....................................... 18
T_of~.N
0P8 o.n.... Cell _. of Conncl. IL"e..'_l109
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GC4.10
GC 4.11
GC4.12
GC4.13
Final Payment to Contractor.................................................................................. 19
Tennination of the Contract................................................................................... 19
Continuation of ContractOl's Obligations............................................................... 19
Use of Perfonnance Bond ..................................................................................... 19
GC 5.01
SECTION GC 5.0 - MATERIAL
GC 5.02
GC 5.03
GC 5.04
GC 5.05
GC 5.05.01
GC 5.05.02
Supply of Material..................................................................................................20
Quality of Material.................................................................................................. 20
Rejected MateriaL................................................................................................. 20
Substitutions .......................................................................................................... 20
OWner Supplied Material....................................................................................... 21
Ordering of Excess Material..................................................................................21
Care of Material..................................................................................................... 21
SECTION GC 6.0 -INSURANCE, PROTECTION AND DAMAGE
GC 6.01
GC 6.02
GC 6.03
GC 6.03.01
GC 6.03.02
GC 6.03.03
GC 6.03.04
GC 6.03.05
GC 6.03.05.01
GC 6.03.05.02
GC 6.03.05.03
GC 6.03.05.04
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 Watercraft Liability Insurance............................................................. 25
Property and Boiler Insurance...............................................................................25
Property Insurance ................................................................................................ 25
Boiler Insurance...... ..................................... .......................................................... 25
Use and Occupancy of the Work Prior to Completion........................................... 25
Payment for Loss or Damage..............................:................................................. 26
ContractOl's Equipment Insurance ........................................................................26
Insurance Requirements and Duratlon.................................................................. 26
Bonding.................................................................................................................. 27
SECTION GC 7.0 - CONTRACTOR'S RESPONSIBIUT1ES AND CONTROL OF THE WORK
GC 7.01
Generel..................................................................................................................28
Teble '" ConlonIS .11
OPS o.n.r.I Coollllllol.- '" Conlr8c:t. Slpl .Ib.ri,_
GC 7.02
GC 7.03
GC 7.04
GC 7.05
GC 7.06
GC 7.07
GC 7.08
GC7.09
GC7.10
GC7.11
GC 7.12
GC 7.13
GC 7.14
GC 7.15
layout ............................. .............................................. ......................................... 29
Damage by Vehicles or Other Equipment............................................................. 30
Excess Loading of Motor Vehicles ........................................................................ 30
Condition of the Working Area............................................................................... 30
Maintaining Roadways and Detours...................................................................... 30
Access to Properties Adjoining the Work and Interruption of utility Services....... 31
Approvals and Permits ..........................................................................................31
Suspension of Work .............................................................................................. 32
Contractor's Right to Stop the Work or Terminate the Contract............................ 32
Notices by the Contractor .................:..................................................................." 32
Obslructions................................................................................ ........................... 33
limitations of Operations....................................................................................... 33
Cleaning Up Before Acceptance ........................................................................... 33
Warranty ................................................................................................................ 33
SECTION GC 8.0 - MEASUREMENT AND PAYMENT
GC8.01
GC 8.01.01
GC 8.01.02
GC 8.02
GC 8.02.01
GC 8.02.02
GC 8.02.03
GC 8.02.03.01
GC 8.02.03.02
GC 8.02.03.03
GC 8.02.03.04
GC 8.02.03.05
GC 8.02.03.06
GC 8.02.03.07
GC 8.02.03.08
GC 8.02.03.09
GC 8.02.03.10
GC 8.02.03.11
Measurement......................................................................................................... 35
Quanlities............................................................................................................... 35
Variations in Tender Quantities............................................................................. 35
Paymenl................................................................................................................35
Price for Work............. ................. .............................................. ...................... ...... 35
Advance Payments for Material..............................................................................36
Certification and Payment .....................................................................................36
Progress Payment Certificate.................. ............,.......................... .......... ..... ........ 36
Certification of Subcontract Completion .............:.................................................. 37
Subcontract Statutory Holdback Release Certificate and Payment...................... 37
Certification of Substantial Performance ............................................................... 37
Substantial Performance Payment and Substantial Performance StaMory
Holdback Release Payment Certificates............................................................... 38
Certification of Completion .................................................................................... 38
Completion Payment and Completion StaMory Holdback Release
in~.~~~.:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::;~
Interest for late Payment...................................................................................... 39
Interest for Negolialions and Claims ..................................................................... 40
Owner's Set..Qff ..................................................................................................... 40
T_ of eom.nta-Iv
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GC 8.02.03.12 Delay in Payment .................................................................................................. 40
GC 8.02.04 Payment on a Time and Material Basis................................................................. 40
GC 8.02.04.01 Definitions ......... ............. ..... ....... .................. ..... .............. .............. ...... ................... 40
GC 8.02.04.02 Daily WorK Reoords...............................................................................................41
GC 8.02.04.03 Payment for WorK.................................................................................................. 41
GC 8.02.04.04 Payment for Labour ............................................................................................... 42
GC 8.02.04.05 Payment for Material .............................................................................................42
GC 8.02.04.06 Payment for Equipment.........................................................................................42
GC 8.02.04.06.01 Working Tme ........................................................................................................42
GC 8.02.04.06.02 Standby Time ........................................................................................................42
GC 8.02.04.07 Payment for Hand Tools..............................,.........................................................43
GC 8.02.04.08 Payment for WorK by Subcontractors.................................................................... 43
GC 8.02.04.09 Submission of Invoices..........................................................................................43
GC 8.02.06
Final Acceptance Certificate..................................................................................43
Payment of Workers ..............................................................................................44
Reoords .................................................................................................................44
GC 8.02.05 .
GC 8.02.07
GC 8.02.08
GC 8.02.09
Taxes and Duties...................................................................................................44
-liquidated Damages....................................................,.........................................45
OPSOene...Cond_d~.~...... 1m
T_dc:om.ra-y
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GC 1.01
Ontario Provincial Standards
for
Roads and Public Works
September 1999
GENERAL CONDITIONS OF CONTRACT
SECTION GC 1.0 . INTERPRETATION
Captions
.01 The captions appearing in these General Conditions have been inserted as a matter of convenience .
and for ease of reference only and in no way define, limit or enlarge the scope or meaning of the
General Conditions or any provision hereof.
GC 1.02
Abbreviations
.01 The abbreviations on the left below are commonly found in the Contract Documents and represent
the organizations and phrases listed on the right
"AASHTO"
"ANSI"
"ASTM"
"AWG"
"A'NVIIA"
"CESAR
"CGSS"
"CSA"
"CWS"
"GC"
"MOE"
"MTC"
"MTO"
"MUTCD"
HOPS"
"OPSD"
"OPSS"
"PEO"
"SAE"
"SSPC"
"UL"
"ULC"
GC 1.03
American Association of State Highway Transportation Officials
American National Standards Institute
American Society for Testing and Materials
American Wire Gauge
American Water Works Association
Canadian Engineering Standards Association
Canadian General Standards Board
Canadian Standards Association
Canadian Welding Sureau
General Conditions
Ministry of the Environment (Ontario)
M"mistry ofTransportation (Ontario)
M"mistry ofTransportation (Ontario)
Manual of Uniform Traffic Control Devices, pubrlShed by MTO
Ontario Provincial Standard
Ontario Provincial Standard Drawing
Ontario Provincial Standard Specification
Professional Engineers Ontario
Society of Automotive Engineers
Structural Steel Painting Council
Underwriters Laboratories
Underwriters Laboratories Canada
Gender and Singular References
.01 References W the masculine or singular throughout the Contract Documents shall be considered to
include the feminine and the plural and vice versa as the context requires.
GC 1.04
Definitions
.01 For the purposes of this Contract the following definitions apply:
Actual Measurement: means the field measurement of that quantity within the approved 8mlls of the
Work.
0P8 Gerw8I CoI_.~CoI*KI.",- 1M
Pege1
Additional Work: means work not provided for in the Contract and not considered by the Contract
Administrator to be essential to the satisfactory completion of the Contract within its intended scope.
Base: means a layer of material of specified type and thickness placed immediately below the pavement,
driving surface, finished grade, curb and gutter, or sidewalk.
Certificate of Subcontract Completion: means the certificate issued by the Contract Administrator in
accordance with clause GC 8.02.03.02, Certification of Subcontract Completion.
Certificate of Substantial Performance: means the certificate issued by the Contract Administrator at
Substantial Performance.
.
Change Directive: means any written instruction signed by the Owner, or by the Contract Administrator
where.so authorized, directing that a Change in the Work or Extra Work be performed.
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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:the 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 establishing the basis for payment and the
time allowed for the adjustment of the Contract Tme.
Completion Certificate: means the certificate issued by the Contract Administrator at completion.
Constructor: means, for the purposes of, and within the meaning of the Oocupational 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 presaibed in the Contract Documents.
Contract Administrator: means the person, partnership or corporation designated by the Owner to be
the Owner's representative for the purposes of the Contract.
Contract Documents: mean the executed Agreement between the Owner and the Contractor, the
Tender, the General Conditions of Contract, the Supplemental General Concfrtions 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 generarJty thereof, may include soil profiles, foundation investigation reports, reinforcing steel
schedules, aggregate sources lists, Quantity Sheets, cross-sections and standard drawings.
Contract Time: means the time stipulated in the Contract Documents for Substantial Performance of the
Work, including any extension of Contract Time made pursuant to the Contract Documents.
Contractor: means the person, partnership or corporation undertaking the Work as identified in the
Agreement
Controlling Operation: means any component of the Work, which, If delayed, will delay the oompletion of
the Work.
P8ge 2
OPS o.n.r.I Coodllo4. d~. 8epIombet I.
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Cost Plus: See 'Time and Material".
Cut-Off Date: means the date up to which payment will be made for work perfonned.
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 Contracl Plans or any Working Drawings or
Working Plans. or any reproductions of drawings or plans pertaining to the Work.
Equipment: means all machinery and equipment used for preparing, fabricating, conveying or erecting
the Work and normally referred to as construction machinery and-equipment
'Estimate: means a calculabOn of the qLiantityor'tost-of,theWork<<~rt()fitidepellding on the context.
Extra Work: means work not provided for in the Contracl as awarded but considered 'by the Contract
Administrator to be eSSential to the'satisfaclorycompletion of the "Contract within Its intended scope.
including unanticipated work required to comply with legislation and regulations which affect the Work.
'FInal Acceptance Certificate: means the certificate issUed by the Contrad Administrator at F"mal
Acceptance of the Work.
" Final Detailed Statement: means a complete evaluation prepared by the Contrad 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 Material".
Geotechnical Report: means a report or other information identifying soil. rock and ground water
. conditions'in the area of any proposed excavation or fill.
Grade: means the required elevation of that part of the work.
Hand Tools: means tools that are commonly called tools or -implements of,the trade and include small
power tools.
Highway: means a common and public highway any part of which is intended for or used by the general
public for the passage of vehicles and includes the area between the lateral property lines thereof.
Lump Sum Item: means a tender item indicating a portion of the Work for which payment will be made at
a single tendered price. Payment is' not based on a measured quantity: although a quantity may be given
in the Contract Documents.
Major Item: ,.means any tender Item, that has a value. calculated on the basis of Its actual or estimated
tender quantity. whichever is the larger, multiplied by Its tender unit price. which Is equal or greater than
the \esserof.
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, rnschinery, equipment and fixtures forming part of the Work.
OPSGeMr8lCol ~1ll1..dI~.8.~II_'_
Page 3
Owner: means the party to the Contract for whom the Work is being performed, as identified in the
Agreement, and includes, with the same meaning and import, "Authority".
Pavement: means a wearing course or courses placed on the Roadway and COnsisting of asphaltic
concrete, hydraulic cement concrete - Portland cement concrete, or plant or road mixed mulch.
Perfonnance Bond: means the type of security 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.
1..r'-'
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;C?f Interest: means the rate determined by the Minister of rlllance of Ontario.and issued by, and
ava.i1~~!e from, the Owner.
.....~~_t
Records: mean any books, payrolls, accounts or other information which relate to the Work or any
Change in the Work or claims arising therefrom.
Roadway: means that part of the Highway designed or intended for use by vehicular lraflic and includes
the Shoulders.
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Shoulder: means that portion of the Roadway between the edge of the wearing surface and the top
inside edge of the ditch or fill slope.
Special Provisions: mean special directions containing requirements peculiar to the Work.
..'
Standard Specification: means a standard practice required and stipulated by the Owner for
performance of the Work.
Subbase: means a layer of material of specified type and thickness between the Subgrade and the Base.
Subcontractor: means a person, partnership or corporation undertaking the execution of a part of the
Work ~ virtue of an agreement with the Contractor.
'''''b-
Subgrade: means the earth or rock surface, whether in cut or fill, as prepared to support the Base,
Subbase. and Pavement
......
Subsuiface Report: means a report or other information identifying the location of utilities, concealed and
adjacent structures and physical obstructions which fall within the influence of the Work.
Superintendent: means the Contractor's authorized representative in responsible charge of the Work.
Surety: means the person, partnership or corporation, other than the Contractor, licensed in Ontario to
transact business under the Insurance Act, R.S.O. 1990, c.1.8, as amended, executing a bond provided by
the Contractor.
Tender: - means an offer in writing from the Contractor, submitted in the format prescribed by the Owner,
to complete the Work.
Time and Material: means costs calculated according to clause GC 8.02.04, Payment on a TlIl1e and
Material Basis. Where "Cost Plus" and "Foroe Account" are used they shall have the same meaning.
P-.
0P8 Gene... CG""lIa". 01 ~. ........1899
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Utility: means an aboveground or underground facility maintained by a municiparrty, public ulifity authority
or regulated authority and includes services such as sanitary sewer, storm sewer, water, electric, gas, oil,
steam, data transmission, telephone and cable television.
Warranty Period: means the period of 12 months from the date of Substantial Performance or such
longer period as may be specified for certain Materials or some or all of the Work. Where a date of
Substantial Performance is not established, the Warranty Period shall commence on the date of
Completion.
Work: means the total construction and related services required by the Contract Documents.
Working Area: means all the lands and 'easements owned or acquired by the Owner for the'construction
of the Work.
Working Day: means any Day,
a) except Saturdays, Sundays and statutory holidays;
. b) ., except a'Day 8s'deterriliiled'WlheContracl'Admiilistrator;'ort"Whicl1'1he-oontractorisprevented by
. Inclen1ent weather or conditions resultingimmediately1het e~om;f.Ol" proceeding 'willl'8.,Controlling
'Operation. For the purposes of this definition, this will be a Oay'during.whlclrthe Contractor,cannot
proceed with at least 60% of the normal labour and equlprnentforceeffectively engaged on the
Contro16ng Operation for at least 5 hours;
c) except a Day on which the Contractor Is prevented from proceeding with a Controlling Operation, as
determined by the Contract Administrator by reason of,
i. any breach of -the Contract' by the Owner or if such prevention is due to the Owner, another
contractor hired by the Owner; or an 'employee of anyone of them, or by anyone else acting on
behalf of the Owner.
ii. on-<lelivery of Owner-supplied materials,
fii. any cause beyond the reasonable control of the Contractor which can be substantiated by the
Contractor to the satisfaction of the Contract Administrator.
, Working ,Drawings: or Working Plans: ' means any Drawings or Plans prepared by ,the Contractor for the
execution of the Work and may, without limiting the generaUty thereof, include falsework plans, Roadway
protection plans, shop drawings, shop plans or erection diagrams.
GC 1.05
Substantial Perfonnance
.01 The Work Is substantially performed,
a) when the Work to be' performed under the Contract or a substantial1l81tthereof Is ready for use
or is being used for the purpose intended; and
b) when the Work to be performed undertheContractls"capable-of'COlllpletion-or,where there is a
known defect, the cost of correction, Is not more than
i. 3% of the first $500,000 of the Contract price,
ii. 2% of the next $500,000 of the Contract price, and
iii. 1 % of the balance of the Contract price.
.02 For the purposes of this Contract, where the Work or a substantial part thereof is ready for use or is
being used for the purposes intended and the remainder of' the Work cannot be completed
expeditiously for reasons beyond the control of the Contractor or, where the Owner and the
Contractor agree not to complete the Work expeditiously, the price of the services or materials
remaining to be suppUed and required to complete the Work shall be deducted from the Contract
price In determining Substantial Performance.
cpa 0..- Cond..... alConldct. 8.pllmbell_
"-5
GC 1.06
Completion
.01 The Work shall be deemed to be completed and services or Materials shall be deemed to be last
supplied to the Work when the price of completion, correction of a known defect or last supply is not
more thiln the lesser of,
a) 1 % of the Contract price; or
b) $1,000.
GC1.o7
Final Acceptance
.01 Final Acceptance shall be deemed to occur when the Contract Administrator is satisfied that, to the
best of the Contract Administratoi'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 ,.Jhe words "acceptable", "approvar, "authorized", "considered necessary", "di~, "required",
..:;::~tisfaclory", or words of like import, shall mean approval of, directed, required, considered
. c' necessary or authorized by and acceptable or satisfactory to the Contract Administrator unless the
context clearly indicates othelwise.
"_4'''.''''''
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OPS o.n.r.l eoo-.._ 0/ Connd. "',_1_
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SECTION GC 2.0. CONTRACT OOCUMENTS
GC 2.01
Reliance on Contract Documents
.01 The Owner warrants that the information furnished in the Contract Documents can be relied upon with
the following limitations or exceptions:
a) The location of all mainline underground utilities which will affect the Work will be shown to a
tolerance of:
i. 1 m horizontal and
ii. 0.3 m vertical
b) The Owner does not warrant interpretations of data or opinions expressed in any Subsurface
Report available for the perusal of the Contractor and excluded from the Contract Documents; and
c) Other information specifically excluded from this warranty.
GC 2.02
Order of Precedence
.01 In the event of any inconsistency or conflict in.. the contents of the folloWing documents, such
documents shall take precedence and govern in the following order.
a) Agreement
b) Addenda
c) Special Provisions
d) Contract Orawings
e) Standard Specifications
f) Tender
g) Supplemental General Conditions
h) General Conditions
i) Working Drawings
Later dates shall govern within each of the above categories of documents.
.02 In the event of any conflict among or inconsistency in the information shown on Drawings. the
following rules shall apply:
a) Dimensions shown in figures on a'Drawing shall govern where they differ from dimensions scaled
from thesarne 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 sarne series.
.03 In the event of any conflict in the contents of Standard . Speclfications the following order of
precedence shall govern:
a) Ontario Provincial Standard Specifications; then
b) Other Standan! Specifications, such as those produced by CSA, CGSB, ASTM and ANSI, and
referenced in the Ontario Provincial Standard Specifications.
.04 The Contract Documents are complementary. and what is required by any one shall be as binding as
if required by all. "
OPS GeMrilI CancI_ III ColIlrKt. ............1_
"-7
SECTION GC 3.0 - ADMINISTRATION OF THE CONTRACT
GC 3.01
Contract Administrator's Authority
.01 The Contract Administrator will be the Owner's representative during construction and until the
issuance of the Completion Certificate or the issuance of the Final Acceptance Certificate whichever
is later. All instructions to the Contractor including instructions from the Owner will be issued by the
Contract Administrator. The Contract Administrator will have the authority to act on behalf of the
Owner only to the extent provided in the Contract Documents.
.02 All claims, disputes and other matters in question relating to the performance and the quality of the
Work or the interpretation of the Contract Documents shall be referred to the Contract Administrator.
.03 The Contract Administrator will inspect the Work for its conformity with the plans and specifications,
a,gel 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
,11J!lmp sum price contract
....r;:
"',5:;0:._ _
.04~The Contract Administrator will determine the amounts owing to the Contractor under the Contract
and will issue certificates for payment in such amounts as provided for in Section GC 8.0,
Measurement and Payment
.05 The Contract Administrator will with reasonable promptness review and take appropriate action upon
the Contractor's submissions such as shop drawings, product data, and samples in accordance with
the Contract Documents.
.06 The Contract Administrator will investigate all allegations of a change in the character of the Work
made by the Contractor and issue appropriate instructions.
.07 The Contract Administrator will prepare Change Directives and Change Orders.
.08
Upon written application by the Contractor, the Contract Administrator and the Contractor will jointly
conduct an inspection of the Work to establish the date of Substantial Performance of the Work
, and/or the date of Completion of the Work.
.09
The Contract Administrator will be, in the first instance, the interpreter of the Contract Documents and
the judge of the performance thereunder by both parties to the Contract. Interpretations and
deCisions of the Contract Administrator shall be consistent with the intent of the Contract Documents
and in making these deCisions the Contract Administrator will not show partiality to either party.
~;, ,..:
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 workmanship, use of defective material, or damage
through carelessness or other act or omission of the Contractor and 'whether Incorporated in the Work
or not, which has been rejected by the Contract Administrator as failing to conform to the Contract
Documents shall be removed promptly from the Work by the Contractor and replaced or llH!Xecuted
promptly in accordance with the Contract Documents at no additional cost to the Owner.
.10
.12 Any part of the Work destroyed ()( damaged by such removals, replacements ()( llH!Xecutions shall
be made good, promptly, at no additional cost to the Owner.
.13 If, in the opinion of the Contract Administrator, It Is not expedient to correct defective work ()( work not
performed In accordance with the Contract Documents, the Owner may deduct from monies
otherwise due to the Contractor the difference In value between the work as performed and that
called for by the Contract Administrator.
Pege a
OPe 0eneraI Call1lllo.. 01 ~. 8eple.,..... 11111ll
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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 temporarily suspend the WorK for such
reasonable time as may be necessary to facilitate the checking of any portion of the Contractor's
construction layout or the inspection of any portion of the Work. There shall not be any extra
compensation for the suspension of work.
GC 3.02
Working Drawings
.01 The Contractor shall arrange for the preparation of clearly identified and dated Working Drawings as
called for by the Contract Documents.
.02 The Contractor shall submit Working Drawingstothe'Contract,6.dministrator with reasonable
promptness and in orderly sequence so astollOtcauSe delaY in' the'Work. ',If~ the Contractor or
the Contract Administrator so requests they shalrjoinUyprepare''S ''SchedUle fixing the ,dates for
submission and retum of Working Drawings. ,Working' Drawings' shan be submitted in printed form.
At. the time of submission the Contractor shall notifY the Contract Administrator in writing of any
deviations from the Contract requirements that exist in theWorking Drawings.
.03 The Contract Administrator will review and return Working Drawings in acoordance with an agreed
upon schedule, or otherwise, with reasonable promptness so as not to cause delay.
.04 The Contract Administrator's review will be to check for conformity to' the' design 'concept' and for
general arrangement only and such review shall not relieve the Contractor of responsibility for errors
or omissions in the Working Drawings or of responsibility for meeting all requirements of the Contract
Documents unless a deviation on the Working Drawings has been approved in writing by the Contract
Administrator.
.05 The Contractor shall make any changes in Working Drawings which the Contract, Administrator may
require consistent with the Contract Documents and resubmit unless otherwise directed by the
Contract Administrator. ' When resubmitting, the Contractor shaD notifY 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. Permission
to construct granted."
.07 The Contractor shall keep one set of the,revieWed Working Drawings; marked'as above, at the site at
all times.
GC 3.03
Right of the Contract Administrator to Modify Methods and Equipment
.01 The Contractor shall, when requested in writing, make alterations'ln the method, Equipment or work
force at any time the Contract Administrator considers the Contractor's actions to be unsafe, or
damaging to either the Work or existing facilities or the environment
.02 The Contractor shall, when requested In writing, alter the sequence of its operations on the Contract
so as to avoid interference with work being performed by others.
.03 Notwithstanding the foregoing, the Contractor shall ensure that all necessary safety precautions and
protection are maintained throughout the Work.
OPSGeneralCond_c1~.8Ip_1-
,,-a
GC 3.04
Emergency Situations
oc.
.01 The Contract Administrator has the right to determine the existence of an emergency situation, and
when such an emergency situation is deemed to exist, the Contract Administrator may instruct the
Contractor to take action to remedy the situation. If the Contractor does not take timely action. or if
the Contractor is not available, the Contract Administrator may direct others to remedy the situation.
.02 If the emergency situation was the fault of the Contractor, the remedial work shall be done at the
Contracto~s expense. If the emergency situation was not the fault of the Contractor, the Owner will
pay for the remedial work.
GC 3.05
Layout
,
.01 The Contract Administrator will provide baseline and benchmark information for the general location,
, .i!lignment and elevation of the Work. The Owner will be responsible only for the correctness of the
:;mrormation provided by the Contract Administrator. :
er-
GC 3.06 Working Area
,,"
._-'.;j...~,
.01 The COntractor's sheds, site offices. toilets, other temporary structures and storage areas for material
and equipment shall be grouped in a compact manner and maintained in a neat and orderly condition
atall times.
.02 The Contractor shall confine his construction operations to the Working Area. Should the Contractor
require more space than that shown on the Contract Drawings, the Contractor shall obtain such
space at no additional cost to the Owner.
.03 The Contractor shall not enter upon or occupy any private property for any purpose, unless the
Contractor has received prior written permission from the property owner.
GC 3.07
Extension of Contract TIme
.01 All application for an extension of Contract Time 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 Tune. The application for an extension of Contract Time shall
enumerate the reasons, and state the length of extension required.
.02 ,Circumstances suitable for consideration of an extension of Contract Time.include the following:
a) Delays; See subsection GC 3.08.
b) Changes in the Work; See clause GC 3.11.01.
c). Extra Work; See clause GC 3.11.02.
d) Additional Work; See clause GC 3.11.03.
.03 The Contract Administrator will, in considering an application for an extension to the Contract Time,
take into acoount whether the delays, Changes in the Work, Extra' Work or Additional Work involve a
Controlling Operation.
.04 The Contract Time shall be extended for such additional time as may be recommended by the
Contract Administrator and deemed fair and reasonable by the Owner.
.05 The terms and conditions of the Contract shall continue for such extension of Contract Time.
Page 10
OPS 0..... ~_IIfColllr8c:t. SIP_ 1889
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GC 3.08
Delays
.01 If the Contractor is delayed in the performance of the WOIk by,
a) war, blockades. and civil commotions. errors in the Contract Documents; an act or omission of the
Owner or Contract Administrator. or anyone employed or engaged by them directly or indirectly.
contrary to the provisions of the Contract Documents;
b) a stop work order issued by a court or public authority. provided that such order was not issued as
the result of an act or omission of the Contractor or anyone employed or engaged by the
Contractor directly or indirectly;
. c) the' Contract 'Administrator giving notice under subsectionGC 7.09. Suspension of Work;
d) abnormal inclement weather; or
e) 'archaeological finds in accordance with subsection GC 3.16. Archaeological Fmds,
tI1enthe Contractor shall be reimbursed by the Owner for.reasonablecosts incuned by,the Contractor
as the result of such delay, provided that in the case of an application for an extension of Contract
Tillie due to abnormal inctementweather;1he.eontrac:torshal~"with'1he'Contractor's .application.
submit evidence' from Environment Canada in.support of' such application. ....extension. of Contract
Tlllle will be granted in accordance with subsection GC3,07 i Extension of ,Contract Time.
.02 If the Work'is delayed by labour disputes, . strikes or Iock-outs-. including Iock-ouls decreed or
recommended to its members by a recognized contractor's association, of which 'the Contractor is a
. member or to which the Contractor is otherwise bound-which are beyond the Contractor's control,
. then the Contract Tune shan 'be' extended' in' accordance.with. subsection GC' 3,07; 'Extension of
Contract Time. In no case shall the extension of Contract Time be less . than the time lost as the
result of the event causing the delay. unless a shorter extension-is agreed to by the Contractor, . The
Contractor shall notbe entiUedto payment for costs incuned as the' result of.such delays unless such ,
delays are the result of actions by the Owner.
GC 3.09
Assignment of Contract
.01 The Contractor shall not assign the Contract, either in whole or in part, without the written consent of
the Owner.
GC3.10
Subcontracting by the Contractor
.01 The Contractor may subcontract any part of the Work, subject to these General Conditions and any
limitations specified in the Contract Documents.
.02 The Contractor shall notify the Contract Administrator. in writing:of.theintentionto subcontracl Such
notification shall identify the part of the Work; and the Subcontractor with whom it is intended.
.03 The Contract Administrator will, within 10 DlIys'ofreceipt of such notification,-accept or reject the
intended Subcontractor. The rejection will bein writing'and wUl include the reasons for the rejection.
.04 The Contractor shall not, without the written consent of the Owner. change a Sub..uo ,b ..ctor. who has
been engaged in accordance with subsection GC 3.10 Subcontractihg by the Contractor.
.05 The Contractor shall preSeNeand protect the rights of the parties under the Contract with respect to
that part, of the WOIk.to be.pelformedunder subcontract and shall.
a) enter into agreements with the intended Subcontractors to require them to peIform their work In
accordance with the Contract Documents; and
b) be as fully responsible to the OWner for acts and omissions of the Contractor's Subcontractors and
of persons directly or indirectly employed by them as for acts and omissions of persons dlrecUy
employed by the Contractor.
OPS o.-.l ~ fit COnnc:t .......lbef 1_
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.06 The Owner's consent to subcontracting by the Contractor shall not be construed to relieve the
Contractor from any obUgation under the Contract and shall not impose any liability upon the Owner.
Nothing contained in the Contract Documents shall create a contractual relationship between a
Subcontractor and the Owner.
GC 3.11
Changes
Changes In the Work
GC 3.11.01
-,;.
.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 ..TI1e Contractor may apply for an extension of Contract Tune according to the terms of subsection GC
3:07, Extension of Contract Tnne.
.03 If,the Changes in the Work relate solely to quantities, payment for that part of the Work will be made
'aCcording to the conditions specified in clause GC 8.01.02, Variations In Tender Quantities. If the
. Changes in the Work do not solely relate to quantities, payment may be negotiated pursuant to
.. subsection GC 3.14, Claims, Negotiations, Mediation or payment may be made according to the
conditions contained in clause GC 8.02.04,Payment on a Tune.and Material Basis.
.
GC;S.11.02
Extra Work
.01 The Owner, or Contract Administrator where so authorized, may instruct the Contractor to perfonn
Extra Work without invalidating the Contrael. The Contractor shall not be required to proceed with the
Extra Work until in receipt of a Change Directive. Upon receipt of such Change Directive the
Contractor shall proceed with the Extra Work.
.02 The Contractor may apply for an extension of Contract Time according to the terms of subsection GC
3.07, Extension of Contract Tme.
.03 Payment for the Extra Work may be negotiated pursuant to subsection GC 3.14, Claims,
Negotiations, Mediation, or payment may be made according to the conditions contained in clause
GC 8.02.04, Payment on a Time and Material Basis.
GC 30.1.1.03
Additional Work
.01 The Owner, or Contract Administrator where so authorized, may request the Contractor to perfonn
Additional Work without invalidating the Contract If the Contractor agrees to perfonn Additional
WOIk, the Contractor shall proceed with such Additional Work upon receipt of a Change Order.
.02 The Contractor may apply for an extension of Contract Tune according to the terms of subsection GC
3.07, Extension of Contract Time.
.03 Payment for the Additional Work may be negotiated pursuant to subsection GC 3.14, Claims,
Negotiations, Mediation, or payment may be made according to the conditions contained in clause
GC 8.02.04, Payment on a Time and Material Basis.
GC 3.12
Notices
.01 Any notice pennllted or required to be given to the Contract Administrator or the SUperintendent in
respect of the Work shall be deemed to have been given to and received by the addressee on the
date of delivery if delivered by hand or by facsimile transmission and on the fifth Day after the date of
mailing if sent by mail.
"- 12
0P8 -... Cooldftlo,. fII ConlNc:t- 8eple.,.t>et 18118
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.02 The Contractor and the Owner shall provide each other with the mailing addresses, telephone
numbels and facsimDe terminal numbers for the Contract Administrator and the Superintendent at the
commencement of the Work.
.03 In the event of an emergency situation or other urgent matter the Contract Administrator or the
Superintendent may give a verbal notice, provided that such notice is confirmed in writing within 2
Days.
'.04 -Any notice permitted or required to be given to the Owner or the Contractor shall be given in
. accordance with the notice provision of the Contract.
GC3.13
Use and Occupancy of the Work Prior to Substantial Perfonnance
, .01 'Where it is not cOntemplated elsewhere in'the Contract Documents,<-theOwner may use or occupy
the Work or any part thereof priorto,Substanlialcf>erronnance;provided;1!1at,atteast 30 Days' written
notice has been given to the Contractor.
.02 The use or occupancy of the Work or any part thereof by.theOwnerpriofto"Substantial Performance
shall not constitute an acceptance of theWorlcor parts so' occupied: Irhlddilion,the use or
occupancy of the Work shall not relieve the Contractor or the Conbactor's Surety from any liability
that has arisen, or may arise,fromthe performance-of the Work 'in accon:lance.with the Contract
Documents. The Owner will be responsible for any damage that occurs because of the OWnel's use
or occupancy. Such use or occupancy of any part of the Work by the Owner does not waive the
-OWnel'srlght -to'charge.the'Contractor 'liquidated damages in accordance with the-\ennS of the
Contract.
GC 3.14
GC 3.14.01
Claims, Negotiations, Mediation
Continuance of the Work
.01 Unless the Contract has - been terminated or completed, the Contractor shall in every case, after
serving or receiving any notification of a claim or dispute; -verbal or written, continue to proceed with
the Work with-due diligencesndexpe<frlion, -It'is understood by the parties that such ,action will not
jeopardize any claim it may have. .
GC 3.14.02
Record Keeping
.01 Immediately upon commencing work which may result in a claim, the Contractor shall keep Daily
Work Records during the course of the Work, sufficient to substantiate the Contractor's claim, and the
Contract Administrator will' keep Daily WOrk'Records 'to' be used in -assessing:lhe Contractor's claim,
all in accordance with clause GC 8.02.07, Records.
.02 The Contractor and the Contract Administrator shall reconcile their respective Daily Work Records on
a daily basis, to simplify review of the claim, when submitted.
.03 The keeping of Daily Work Records by the Contract Administrator or the reconciling of such Daily
Work Records with those of the Contractor shall not be construed to be acceptance of the claim.
GC 3.14.03
Claims Procedure
.01 The Contractor shall give verbal notice of any situation which may lead to a claim for additional
payment Immediately upon becoming aware of the situation.
.02 The Contractor shall provide written notice In the standard form "Notice of Intent to Claim" within 7
Days of the commencement of any part of the Work which may be Ilff$cted by lha situation.
- 0P8 ~ Col\clIIoo. oICon1Nc:t. ~,.... t8lll
Peae t3
.03 The Contractor shall submit detailed claims as soon as reasonably possible and in any event no later
than 30 Days after completion of the work affected by the situation. The detailed claim shall:
a) identify the item or items in respect of which the claim arises;
b) state the grounds, contractual or otherwise, upon which the claim is made; and
c) include the Records maintained by the Contractor supporting such claim.
In exceptional cases the 30 Days may be increased to a maximum of 90 Days with approval in writing
from the Contract Administrator.
.04 Within 30 Days of the receipt of the Contractor's detailed claim, the Contract Administrator may
request the Contractor to submit any further and other particulars as the Contract Administrator
considers necessary to assess the claim. The Contractor shall submit the requested information
within 30 Days of receipt of such request.
.05 Within 90 Days of receipt of the detailed claim, the Contract Administrator shall advise the Contractor,
in writing, of the Contract Administrator's opinion with regard to the validity of the claim.
il!F"
GC3..14.04 Negotiations
.~..
.01 'The parties shall make all reasonable efforts to resolve their dispute by amicable negotiations and
agree to provide. without prejudice, open and timely discfosure of relevant facts, information, and
documents to facilitate these negotiations.
.02 Should the Contractor disagree with the opinion given in paragraph GC 3.14.03.05. with respect to
-< any part of the claim, _ the Contract Administrator shall enter into negotiations with the Contractor to
resolve the matters in dispute. Where a negotiated setIIement cannot be reached and it is agreed
that payment cannot be made on a Tune and Material basis in accordance with clause GC 8.02.04,
Payment on a Time and Material Basis, the parties shall proceed in accordance with clause GC
3.14.05, Mediation, or subsection GC 3.15, Engineering Arbitration.
GC 3.14.05
Mediation
.01 If a claim is not resolved satisfactorily through the negotiation stage noted in clause GC 3.14.04.
Negotiations, within a period of 30 Days following the opinion given in paragraph GC 3.14.03.05, and
. the Contractor wishes to pursue the issue further, the parties may, upon mutual agreement, utilize the
services of an independent third party mediator.
.02 The mediator shall be mutually agreed upon by the Owner and Contractor.
.03 The mediator shall be knowledgeable regarding the area of the disputed issue. The mediator shall
...J)JE!e.t with the parties together and separately. as necessary, to review all aspects of the issue. In a
. final attempt to assist the parties in resolving the issue themselves prior to prooeeding to arbitration
the mediator shall provide, without prejudice, a non-binding recommendation for settlement
.04 The review by the mediator shall be completed within 90 Days following the opinion given in
paragraph GC 3.14.03.05.
.05 Each party is responsible for its own costs related to the use of the third party mediator process. The
cost of the third party mediator shall be equally shared by the Owner and Contractor.
GC 3.14.06
Payment
.01 Payment of the claim will be made no later than 30 Days after the date of resolution of the claim or
dispute. Such payment will be made according to the terms of Section GC 8.0, Measurement and
Payment
Pege14
OPS 0eMM eo._1I fill ConlNct. Slplember 1_
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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
Engineering Arbitration
Conditions for Engineering Arbitration
GC 3.15.01
.01 If a claim is not resolvedsatisfaclorily 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 AIbitration, by giving written notice to the other
party.
.02 Notification that arbitration shall be implemented to resolve the issue shall be'communicated in writing
as soon as possible and 'no later than"60"Days~following-1he""Opinion'1liven in paragraph GC
3.14.03;05. Where the use of a third part(mediator wss'implemented:notificationshall be within 120
Days of the opinion given in paragraph GC 3.14.03.05.
.03 The parties shall be bound by the decision of the arbitrator.
.04 The rules and procedures,of the Arbitration Act, 1991, S.O. 1991, c.17. as amended, shall apply to
-any arbitration conducted. hereunder except to the ,extent that they are mocflfied by..tI:Je express
provisions of this subsection GC 3.15, Engineering Arbitration.
GC 3.15.02
Arbitration Procedure
.01 The following provisions are to be included in the agreement to arbitrate and are subject only to such
right of appeal as exist where the arbitrator has exceeded 'his or her jurisdiction or have otherwise
disqualified him or herself: .
a) All existing actions inTespeClof the matlelSunder 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 will be arbitrated; and
c) Before proceeding with the arbitration, the Contractor Shall confirm that all matters in dispute are
set out in the schedule.
GC 3.15.03
Appointment of Arbitrator
.01 The arbitrator shall be mutually agreed upon"by1he Owner'lll1d ContractorJto-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 Arbitration and Mediation Institute
of Ontario I nc. which will select an arbitrator to adjudicate the dispute within 7 Days of being
requested to do so.
.04 The arbitrator shall not be interested financially in the Contract nor in either party's business and shall
not be employed by either party.
.05 The arbitrator may appoint Independent experts and any other persons to assist him or her.
OPS o.-J Co<IdIloI. d Car*8ct .IL"Itl.1bet 111I9
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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 equally by the Owner and the Contractor.
.03 The arbitration hearing shall be held in a place mutually agreed upon by, both parties or in the event
the parties do not agnee, a site shall be chosen by the arbitrator. The cost of obtaining appropriate
faClTrties shall be shared equally by the Owner and the Contractor.
~~~,,-,;<<t.~. - ':.
.04 ' The arbitrator may, in his or her discretion, award reasonable costs, related to the arbitration.
GC 3.15.05
The Decision
.......
.01 The reasoned decision wiH be made in writing within 90 Days of the conclusion of the hearing. An
extension of time to make a decision may be granted with consent of both parties. Payment shall be
made in accordance' with clause GC 3.14.06, Payment
GC 3.16
Archaeological Finds
"
.01 If the Contractor's operations expose any items which may indicate an archaeologicat find, such as
building remains, hardware, accumulations of bones, pottery, or arrowheads, the Contractor shall
immediately notify the Contract Administrator and suspend operations within the area identified by the
Contract Administrator. Notification may be verbal provided that such notice is confirmed in writing
within 2 Days. Work shaH remain suspended within that area until otherwise directed by the Contract
Administrator in writing, in accordance with subsection GC 7.09, Suspension of Work.
.02 Ally delay in the completion of the Contract that is caused by such a suspension of Work will be
considered to be beyond the Contractor's control in accordance with paragraph GC 3.08.01.
'.03 Any work directed or authorized in connection with an archaeological find will be considered as Extra
, ,: ~ork in accordance with clause GC 3.11.02, Extra Work.
",:r~-"
',1,
-., '~''r
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OPS Gener8l CondIllclM flfeor- .11~II_r 1_
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SECTION GC 4.0 - OWNER'S RESPONSIBILITIES AND RIGHTS
GC 4.01
Worlclng Area
.01 The Owner will acquire all property rights which are deemed necessary by the Owner for the
construction of the Work, including temporary working easements, and will indicate the full extent of
the Working Area on the Contract Drawings,
:02 The Geotechnical Report and.Subsurface Report which will be provided by the Owner as part of the
tender documents shall form part of the Contract Drawings,
GC 4.02
Approvals and Permits
.01 The Owner will pay for all plumbing and building permits.
.02 The OWner will obtain and pay for all .permits, 1icenses.and .certificateS::soIely;Je.Quired.for Project
approval. . .
GC 4.03
. Management and Disposition of Materials
.01 . The OWner will identify in the Contract Documents the materials to be moved within or removed from,
the Working Area. and any characteristicS' of those materials which wm necessitate special materials
management and disposition.
" '. '.02 In acoortlancewithTeljulalionsunderthe OCcupational Healthand'SafetyAct; R:S.0.',1990; c.0.1.. as
amended. the OWner advises that
a) the designated substances silica, lead and arsenic are generally present throughout the Working
Area occurring naturally or as a result of vehicle emissions;
b) the designated substance asbestos is present in asbestos conduits for utilities;
. c) 'the 'fOllowing' hazardous 'materials' are.ordinarily. present in construction, activities:'limestone,
gypsum. marble. mica and Portland cement; and
d) exposure ..tothese substances' may occur as' 'a result of activities by the Contractor such as
sweeping. grinding, crushing, drilling, blasting; cutting and abrasive blasting.
.03 The Owner will identify in the Contract Documents any designated substances or hazardous
materials other than those identified above and their location in the WOlking Area.
.04 If the OWner or Contractor cflSCOvers or. is advised.of ,the' presence.of-designated ,substances or
hazardous materials which are in addition to those listed in paragraph GC 4.03.02, or not clearly
'identified in the'ContractDocuments-according'1o;paragraph.-GC'4,03:03;:1hen,verbalnolice 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 material- not identified in the Contract Documents. or where conditions exist that
could not have been reasonably foreseen at the time of tendering. All work under this paragraph
shaD be deemed to be Extra WorK.
.06 Prior to commencement of the WOlk, the Owner will provide to the Contractor a list of those products
controlled under the Worl<place Hazardous Materlals Information System or WHMIS. which the
OWner will supply or use on the Contract, together with copies of the MaterlalsSafety Data Sheets for
these products. All containers used In the application of products controlled under WHMIS shall be
labelled. The Owner will notify the contractor In wrlIIng of changes to the 8st and provide relevant
Material Safety Data Sheets.
0P8 GenerIl Condlllolll 01 ConIdCl. s-,....ber 1_
P8ge 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.,P6 Notification of Default
.~-~~,.-
.0tJhe Owner will give written notice of a default to the Contractor as soon as the Owner becomes
. aWare of the alleged default but failure to give such notice in a timely way shall not constitute
condonation of the default The notice Will include Instructions to correct the default within 5 Working
Days.
GC 4.07
Contractor's Right to Correct a Default
.01 The Contractor shall have the right within the 5 full Working Days following the receipt of a notice of
default to correct the default and provide the Owner with satisfactory proof that appropriate corrective
measures have been taken.
.02 If the correction of the default cannot be completed within the 5 full Working Days following receipt of
the notice, the Contractor shall not be in default if the Contractor,
a) commences the correction of the default within the 5 full Working Days following receipt of the
notice;
b) provides the Owner with an acceptable schedule for the progress of such correction; and
c) completes the correction in accon:tance with such schedule.
GC 4.08
Owner's Right to Correct Default
.01 If the Contractor falls to correct the default within the time specified In subsection GC 4.07,
.,~~ctor's Right to Correct a Default, or subsequently agreed upon, the Owner, without prejudice to
.:B!lY other right or remedy the Owner may have, may correct such default and deduct the cost thereof,
as certified by the Contract Administrator, from any payment then or thereafter due to the Contractor.
GC 4.09
Termination of Contractor's Right to Continue the Work
.01 Where the Contractor falls to correct a default within the time specified In subsection GC 4.07,
Contractor's Right to Correct B Default, or subsequenUy agreed upon, the Owner, without prejudice to
any other right or remedy the Owner may havB, may temninate 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 entiUed to,
a) take possession of the Working Area or that portion of the Working Area devoted to that part of the
Work temnlnated;
b) utilize the Equipment of the Contractor and any MaterIal within the Working Area which Is intended
to be II1COI'pOIated 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 ContnIctor until the Work or portion thereof withdrawn is completed;
Pege Ie
OP8~CalIdlllo."oI~.8'PI'_I_
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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 service arising from
the correction of the default;
e) charge the Contractor a reasonable allowance. as determined by the Contract Administrator, to
cover correction to the Work performed by the Contractor that may be required under subsection
GC 7.15, Warranty;
f) charge the Contractor for any damages the Owner may have sustained as a result of the default;
and
g) charge the Contractor the amount by which the cost of corrections to the Work under subsection
GC 7.15. Warranty. exceeds the allowance provided for such corrections.
GC4.10
Final Payment to Contractor
.01 If the Owner's cost to correct and complete 'the Work in ,whole or inparUs,less thanthe amount
withheld from the Contractor 1Jnder subsection' 'GC'4.09,'Termination,of;,pontractor's Right to
Continue the Work; the Owner will pay the'balance'tolhe'Contractor'BSsoon)is the final accounting
for the Contract is complete.
GC 4.11
Termination of the Contract
.01 Where the Contractor is in default of the Contract the Owner may. without prejudice to any other right
or remedy the Owner may have, 1erminatethe Contract by giving written notice of termination to the
Contractor. the Surety and 'any 1rusIee' orrecelver acting onbehatf of..the Contractor's estate or
creditors.
.02 If the Owner elects to terminate the Contract the OWner will provide the Contractor and the trustee or
receiver with a complete accounting to the date of termination.
GC4.12
Continuation of Contractor's Obligations
.01 The Contractor's obUgation under the Contract as to quality; correction and warranty .of the Work
performed prior to the time of termination of the Contract or termination of the Contractor's right to
continue with the Work in whole or in part shall continue to be in force after such termination.
GC4.13
Use of.Performance Bond
.01 If the Contractor is in default of the Contract and the Contractor'has'provided'a Performance Bond,
the provisions of this Section shall be exercised'in accordance with the oonditions of the Peiformance
Bond.
0P8 GenerIII CondlIIonI III ~.lll.t ._ 1.
... 18
SECTION GC 5.0 - MATERIAL
GC 5.01
Supply of Material
.01 All Material necessary for the proper completion of the WllIk, except that listed as being supplied by
the Owner, shall be supplied by the Contractor. The Contract price for the appropriate tender items
shall be deemed to include full compensation for the supply of such Material.
GC 5.02
Quality of Material
.01 All Material supplied by the Contractor shall be new or unless otherwise specified in the Contract
Documents. .
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.02 Material supplied by the Contractor shall conform to the requirements of the Contract
.03 ~ specified or as requested by the Contract Administrator, the Contractor sh~1I make available for
,iQspection or testing a sample of any Material to be supplied by the Contractor."
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.04 ;The Contractor shall obtain for the Contract Administrator the right to enter upon the premises of the
Material manufacturer or suppffer to carry out such inspection, sampling and testing as specified or a
< requested by the Contract Administrator.
.05 The Contractor shaD notify the Contract Administrator of the sources of supply sufliciently in advance
" ,of the Material shipping dates to enable the Contract Administrator to perfonn the required Inspection,
'sampling and testing. .
.06 The Owner will not be responsible for any delays to the Contractor's operations where the Contractor
fails to give sufficient advance notice to the Contract Administrator to enable the Contract
Administrator to carry out the required inspection, sampling and testing before the scheduled shipping
date.
.;
.07 The Contractor shall not change the source of supply of any Material without the written authorization
of the Contract Administrator.
.08' Material which is not specified shall be of a quality best suited to the purpose required and the use of
such Material shall be subject to the approval of the Contract Administrator.
.....,
GC5~.
Rejected Material
.01 . R;Jected Material shall be removed from the Working Area expeditiously after the notification to that
e1:fect from the Contract Administrator. Where the Contractor fails to comply with such notice the
Contract Administrator may cause the rejected Material to be removed from the Working Area and
disposed of in what the Contract Administrator considers to be the most appropriate manner and the
Contractor shall pay the costs of disposal and the appropriate overhead charges.
GC 5.04
Substitutions
.01 Where the specifications require the Contractor to supply a Material designated by a trade or other
name, the Tender shall be based only upon supply of the Material so designated, which shall be
regarded as the standard of quarrty required by the specification. After the acceptance of the Tender,
the Contractor may apply to the Contract. Administrator to substitute another Material Identified by a
different trade or other name for the Material designated as aforesaid. The application shall be in
writing and shall state the price for the proposed substitute Material designated as aforesaid, and
such other Information as the Contract Administrator may require.
poge 20
OPS o.-.t CooIdlllo..lIl Conlract. Seplombet 1m
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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 disa"etion of the Contract
Administrator.
.03 . If the proposed substitution is approved by the Contract Administrator, the Contractor shall be entitled
to the first $1000 of the aggregate saving in cost by reason of such substitUtion and to 50% of any
additional saving in cost in excess of such $1000. Each such approval shall be conveyed to the
. . Contractor in writing or by issuance of a Certificate of Equality on' the Owner's standard form of
. "Certification of Equality"' and. if any adjustment to the' Contract price. is made by reason. of such
substitution a Change Order shall be issued as well.
GC 5.05
GC 5.05.01
Owner Supplied Material
Ordering of Excess Material
.01 Where Material is suppfied by the Qwner;andwhere.1his,MateriaHs,Ordenld,'ilythe Contractor in
excess of the amount specified to complete the WOIk;;:.suchoexcess:Materia1 shall become the
property of the Contractor on completion of the Work and shall be charged to the Contractor at cost
plus applicable overheads.
GC 6.05.02
Care of Material
" ,01 .TheContractor shall, in advance of receipt of shipments of Material supplied by the Owner, provide
. adequate and proper storage facilities acceptable to the Contract Administrator, and on the receipt of
such Material shall promptly place it in storage except where It Is to be incorporated 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 eJ(pense to
the Owner, and to the satisfaction of the Contract Administrator; If such Material is rejected by the
Contract Administrator for reasons which are not the 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 'and1hequantitiesshown on the bills of
lading, the Contractor shall immediately. report such damage or discrepancies to the Contract
Administrator who shall arrange for an: :immediate--;nspec!ion .-of.!the~shipment and provide the
Contractor with a written release from responsibility for such damage or.deficiencies. Where damage
or deficiencies are not so reported it will be assumed that the shipment arrived in good order and any
damage or deficiencies reported thereafter shall be made good by the Contractor at no extra cost to
the Owner.
.04 The full amount of Material supplied by the Owner in each shipment shall be accounted for by the
Contractor and such Material shall be at the risk of the Contractor after taklng delivery. Such Material
shall not, except with the written permission of the Contract Administrator, be used by the Contractor
for purposes other than the performance of the Work under the Contract.
.05 Empty reels, crates, containers and other type of packaging from Material supplied by the Owner
shall become the property of the Contractor when they are no longer required for their original
purpose and shall be disposed of by the Contractor unless otherwise specified In the Contract
Documents.
OPS _ral ConcIllIonI cA ConlrIICl. &,AIoo- 1m
"-21
.06 The Contractor shall provide the Contract Administrator, immediately upon receipt of each shipment
copies of bills of lading, or such other documentation the Contract Administrator may require to
substantiate and reconcile the quantities of Material received.
.07 Where Material supplied by the Owner is ordered and stockpiled prior to the award of the Contract,
the Contractor shall, at no extra cost to the Owner, immediately upon commencement of operations,
check the Material, report any damage or deficiencies to the Contract Administrator and take charge
of the Material at the stockpile site. Where damage or deficiencies are not so recorded by the
Contractor it shall be assumed that the stockpile was in good order when the Contractor took charge
of it and any damage or deficiencies reported thereafter shall be made good by the Contractor at no
extra cost to the Owner.
oaio..:.t'---
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OPS caener.t CondIUont.." Conncl. 8eplombet 1_
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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
injury, and shall be responsible for all losses and damage which may arise as the result of the
Contractor's operations under the Contract unless indicated to the contrary below.
:02- The Contractor is responsible for the full cost of any necessary temporary provisions and the
restoration of all damage where the Contractor damages the Work or property in the performance of
the Contract. If the Contractor is not responsible for the damage that occurs to the Work or property
the Contractor shall restore such damage, and such work shall be administered according to these
General Conditions.
.03 The Contractor shall immediately informthe.Contract Administralorof aII"damage and injuries which
occur during the term of the Contract.
.04 The Contractor shall not be responsible for loss and damage1hat 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 ContractAdministralor, theirllgents and employi!!lS,_orothers
not under the control of the Contractor, but within the Working Area with the OWner's permission.
.05 The Contractor and his Surety or Sureties shall not be released from any term or provision of any
responsibility, obligation or liability under the Contract or waive or impair any of the rights of the
Owner except by a release duly executed by the Owner.
GC 6.02
Indemnification
.01 The Contractor shall indemnify and hold harmless the OWner and the Contract Administrator, their
agents, officers and employees from and against all claims, demands, losses, expenses,costs,
damages, actions, suits or proceedings by third parties, hereinafter called "claims., directly or
indirectly arising or alleged to arise out of the performance of or the failure to perform the Work,
provided such claims are,
a) attributable to badDy injury, sickness, disease, or death or to damage to or destruction of tangible
property;
b) caused by negligent acts or omissions of the; Contractor oranyoneJorowhose 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 Bnd every claim for damages,
royalties or fees for the infringement of any patented invention or copyright occasioned by the
Contractor in connection with the Work performed or Material fumished by the Contractor under the
Contract.
.03 The Owner expressly waives the right to indemnity for ctalms other than those stated above in
paragraphs GC 6.02.01 and GC 6.02.02.
.04 The Owner shall Indemnify and hold harmless the Contractor, his agents, officers and employees
from and against all claims, demands, losses, expenses, ciosts, damages, actions, suits, or
proceedings arising out of the Contractor's performance of the Contract which are attributable to a
lack of or defect In tIUe or an alleged lack of or dafect In tilla to the Working Area.
OPS_ConcI_II1I~-8Ipl. .<IM 1_
P8ge 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
GC 6.03.01
Contractor's Insurance
General
.01 Wllhout restricting the generality of subsection GC 6.02, Indemnification, the Contractor shall provide,
maintain and pay for the insurance coverages listed under clauses GC 6.03.02 and GC 6.03.03.
Insurance coverage in clauses GC 6.03.04, GC 6.03.05 and GC 6.03.06 will only apply when so
specified in the Contract Documents.
GC 6.03.02
General liability Insurance
.'
.01 General liability insurance shall be in the name of the Contractor, with the Owner and the Contract
.@ministrator named as additional insureds, with limits of not less than 5 mHlion:dollars inclusive per
~rrence for bodily injury, death, and damage to property including loss ofuse thereof, with a
-P.!;9perty damage deductible of not more than $5000. The form of this insurance shall be the
l'lsurance 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 wiD be
conditional upon the Contractor obtaining the services of an insurer licensed to undelwrite insurance
in the Province of Ontario and obtaining the insurefs certificate of equivalency to the required
insurance.
.!~
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.03 The insurance shall be maintained continuously from the commencement of the Work until 12 months
following the date of Substantial Performance of the WOIk, as set out in the Certificate of Substantial
Performance of the WOIk, or until the Final Acceptance Certificate is issued, whichever is later, and
with respect to completed operations coverage for a period of noIless than 24 morrths from the date
of Flllal Acceptance of the Work as set out in the Final Acceptance Certificate, and thereafter to be
maintained for a further period of 4 years.
.04, The Contractor shall submit annually to the Owner, proof of continuation of the completed operations
coverage and if the Contractor fails to do so, the limitation period for claiming indemnity described in
paragraph GC 6.02.01 c), wJ1l not be binding on the Owner.
.05 sbould the Contractor decide not to employ Subcontractors for operations requiring the use of
eig)losives for blasting, or pile driving or caisson wOIk, or removal or weakening of support of property
quilding or land, IBC Form 2100 as required shall include the appropriate endorsements.
~-' ,
'tI%....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 willllot be permitted.
GC 6.03.03
Automobile liability Insurance
.01 Automobile liability Insurance In respect of licensed vehicies shall have limits of not less than 5 million
dollars)ncIusive 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 ROIHlWl'1ed automobile policy including standard contractual liability endorsement, and
b) standard owner's form automobile policy providing third party liability and accident benefits
insurance and covering licensed vehicles owned or operated by the Contractor.
Pege 24
OPS o.n..l COlldlllo..d ~ _ 8eple.,_1889
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GC 6.03.ll4
Aircraft and Watercraft liability insurance
.01 Airaaft and wateraaft fl8biflly insurance with respect to owned or llOIHlWIled 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 million dollars inclusive per occurrence for bodily injury, death,
and damage to property including loss of use thereof, and limits of not less than 5 million dollars for
aircraft passenger hazard. 'Such insurance shall be in a form acceplable 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 reslricting coverage.
GC 6.03.05
Property and Boiler insurance
GC 6.03.05.01
Property Insurance
. , .01" All risks property insurance shall be in the name oftheContractor+Mlithjbe~Owner,and the Contract
Administrator named as ,additional insureds,insuring'not: Iesslhan:,the':sum.ofthe ,amount of the
Contract' price, and the, full value, as may.be.stated-in:the..5upplemelllal:GeneraL.Conditions, of
'Material:that is specified to be provided :by:the"OWr\er;:for.iincorporation'jnto,theWork,with"a
deductible not exceeding 1 % of the amount insured at the site of the Work. This insurance shall be in
: a form acceplable to the OWner and shaRbe mainlained continuously until ,10 Days after the date of
Fmal Acceplance of the Work, as set out in the Final AccepIance Certificate. '
GC 6.03.05.02
Boller insurance
, '.01 "Bollerinsuranceinsuring'the Interests of the Contractor, the Owner and the Contract Administrator for
not less than the replacement value of boilers and pressure vessels forming partDf 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
Acceplance of the Work, as set out in the Final Acceplance Certificate.
GC 6.03.05.03'
Use and Occupancy of theWork'Prior to Completion
.01 Should the Owner wish to use or occupy part or all of the Work prior to SUbslantial Performance, the
Owner will give 30 Days'written notice to the'Contractor of the intended purpose and extent of such
use or occupancy. Prior to such use or occupancy the Contractor shall notify the Owner in writing of
the additional premium cost, if any, to mainlain 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-and prior.lo:Such, use or, occupancy
shall provide,' mainlain and pay' for property and boiler ,insurance insuring, the,'fullvalue of the Work,
including coverage for such use or occupancy ,and shall, provide the -Contractor with proof of such
insurance. 'The Contractor shaD refund to the Owner the uneamed ,premiums applicable to the
Contractor's policies upon termination of coverage.
.02 The policies shall provide that, in the event of a loss or damage, payment shall be made to the Owner
and the Contractor as their respective interests may appear. The Contractor shall act on behalf of
both the Owner and the Contractor for the purpose of adjusting the amount of such loss or damage
payment with the insurers. When the extent of the loss or damage is determined the Contractor shall
proceed to restore the Work. Loss or ,damage shall not affect the rights and obligations of either party
under the Contract except thai 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 Contractor.
0P8 ~ Cot_IS of~ .s..,...,,,* 1.
Peele 26
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 Owner's interest in restoration of the Work has been appraised.
such amount to be paid as the restoration of the Work Proceeds and in accordance with the
requirements of Section GC 8.0. Measurement and Payment In addition the Contractor shall be
enliUed to receive from the payments made by the insurers the amount of the Contractor's interest in
the restoration of the Work.
.02 The Contractor shall be responsible for deductible amounts under the policies except where such
amounts may be excluded from the Contractor's responsibility by the terms of this Contract
.03 In the event of a loss or damage to the Work arising from the action or omission of the Owner or
others, the Owner shall pay the Contractor the cost of restoring the Work as the restoration of the
Work Proceeds and in accordance with the requirements of Section GC 8.0, Measurement and
Payment
GC 6;03.06
Contractor's EqUipment Insurance
.01 All risks Contractor's equipment insurance covering construction machinery and eqUipment used by
the Contractor for the performance of the Work, including boiler insurance on temporary boilers and
pressure vessels, shall be in a form acceptable to the Owner and shall not allow subrogation claims
by the insurer against the Owner. The policies shall be endorsed to provide the Owner with not less
than 30 Days' written notice in advance of cancellation, change or amendment restricting coverage
Subject to satisfactory proof of financial capability by the Contractor for self-insurance of the
Contractor's Equipment, the Owner agrees to waive the equipment insurance requirement, and for
the purpose of this Contract, the Contractor shall be deemed to be insured. This policy shall be
amended to provide permission for the Contractor to grant .prior releases with respect to damage to
the Contractor's Equipment
GC 6.03.07
Insurance Requirements and Duration
.01 Unless specified otherwise the duration of each insurance policy shall be from the date of
commencement of the Work until 10 Days after the date of F"mal Acceptance of the Work, as set out
in the F"lnal Acceptance Certificate.
.02 The Contractor shall provide the Owner, on a form acceptable to the Owner, proof of Insurance prior
to commencement of the Work, and signed by an officer of the Contractor and either the underwriter
or the broker.
.03 The Contractor shall. on request, promptly provide the Owner with a certified true copy of each
insurance policy exclusive of information pertaining to premium or premium bases used by the insurer
to determine the cost of the insurance. The certified true copy shall include a signature by an officer
of the Contractor and in addition, a signature by an officer of the insurer or the underwriter or the
broker.
.04 Where a policy is renewed the Contractor shall provide the Owner. on a form acceptable to the
Owner, renewed proof of Insurance Immediately following completion of renewal.
.05 Unless specified otherwise the Contractor shall be responsible for the payment of deductible amounts
under the policies.
.06 If the Contractor fails to provide or maintain insurance as required In subsection GC 6.03.
Contractor's Insurance, or elsewhere In the Contract Documents, then the Owner will have the right to
provide and maintain such insurance and give evidence theraof to the Contractor. The Owner's cost
thereof shall be payable by the Contractor to the Owner on demand.
P8ge 28
OPS Genem ConcIIIlone fII ColCrIcI. SepIe...... 18811
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.07 If the Contractor falls to pay the cost of the insurance placed by the Owner within 30 Days of the date
on which the Owner made a formal demand for reimbursement of such costs the Owner may deduct
the costs thereof from monies which are due or may become due to the Contractor.
GC 6.04
Bonding
.01 The Contractor shall provide the Owner with the surety bonds In the amount required by the tender
documents.
:02 Such bonds shall be issued by"a duly licensed surety company authorized to transact a business of
suretyship In the Province of Ontario and shall be maintained in good standing until the fulfilment of
the Contract.
-OPS ~ ConcI_ <II ConInIcI. 6eplomber 1_
Page 27
SECTION GC 7.0 - CONTRACTOR'S RESPONSIBIUTlES 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.
.-....~
.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 confonnity with the Contract Documents. The Contractor shall be responsible
for construction means, methods, techniques, sequences and procedures and for coordinating the
~rious parts of the Work.
,~~-_...
.04 The Contractor shall have the sole responsibility for the design, erection, operation, maintenance and
....f!l!IlOvaf of temporary structures and other temporary facilities and the design and execution of
.i~nstruction methods required in their use.
.OS"Notwithstanding paragraph GC 7.01.04, where the Contract Documents include designs for
temporary structures and other temporary facilities or specify a method of construction in whole or
part, such facilities and methods shall be considered to be part of the design of the Work, and the
Contractor shall not. be held responsible for that part of the design or the specified method of
construction. The Contractor shall, however, be responsible for the execution of such design or
specified method of construction in the same manner that the Contractor is responsible for the
execution of the Work.
~"".
.~
.'. .~.
.06 The Contractor shall execute the tenns of the Contract in strict compliance with the requirements of
the Occupational Health and Safety Act, R.S.O. 1990, c.O.1 (the "Act") and Ontario Regulation
213/91 (which regulates Construction Projects) and any other regulations under the Act (the
"Regulations") which may affect the perfonnance of the Work, as the "constructol" or "employer", as
defined by the Act, as the case may be. The Contractor shall ensure that
a) worker safely 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 Act and the provisions of the Regulations applicable to the Work,
and a personal commitment to comply with them;
c)" a copy of the most current version of the Act and the Regulations are avaBable 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 perfonnance of the Work; .
. d)~WOrkers employed to carry out the Work possess the knowledge, skills and protective devices
. required by law or recommended for use by a recognized industry association to allow them to
work in safety;
e) its supervisory employees carry out their duties in a diligent and responsible manner with due
consideration for the health and safety of the workers; and
f) all Subcontractors and their employees are properly protected from injury while they are at the
work place.
.07 The Contractor when requested shall provide the Owner with a copy of its health and safety policy
and program at the pre-start meeting, and shall respond prompUy to requests from the OWner tor
confinnation that its methods and procedures tor carrying out the Work comply with the Act and
Regulations. The Contractor shall cooperate with representatives of the OWner and inspectors
appointed to enforce the Act and the Regulations In any Investigations of worker health and safety In
the perfonnance of the Work. The Contractor shall Indemnify and save the OWner harmless from any
additional expense which the Owner may Incur to have the Work perfonned as a result of the
Contractor's failure to comply with the requirements of the Act and the Regulations.
P.28
OPS Gene'" eoo_.a1.Connc:t. 8.~" ,d>.f 1_
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.08 Prior to commencement of the WOl1< the Contractor shall provide to the Contract Administrator a list of
those products controlled under the Workplace Hazardous Materials Information System or WHMIS,
which the Contractor expects to use on the Contract. Related Materials Safety Data Sheets shall
accompany the submission. All containers used in the application of products controlled under
WHMIS shall be labelled. The Contractor shall notify the Contractor Administrator of changes in
writing and provide relevant Material Safety Data Sheets.
.09 The Contractor shall have an authorized representative on the site while any work is being performed,
to act for or on the Contractol's behalf. Prior to commencement of constnJction, the Contractor llhall
- notify the Contract Administrator of the names;. addresses.. positions and telephone numbers of the
Contractor's representatives who can be contacted at any time to deal with matters relating to the
Contract.
- .10 The Contracto(shall;-atno'8dditional cost.to the OWner, fumish all reasonable aid, facilities and
assistance required by the Contract Administrator:for1l1ellroper-inspection::lInd examination of the
Work or the taking of measurements forthepurpose.of;paymenl ,-
.11 The Contractor shall prepare, and update as required; a:construction:scheduIe1ndicating the timing of
the major and critical activitieS of the Work. -The schedule-shall be designed to ensure conformity
with the specified Contract Time. The schedule shall be submittecl to - the Contract Administrator
within 14 Days from the date of the Contract award. -
.12 Where - the - Contractor finds any' error, inconsistency' or' omission relating - to . the Contract, the
-- Contractor'shall prompUy-report it to the Contract Administrator and shall not proceed with 1I1e activity
affected until receiving direction from the Contract Administrator.
.13 The Contractor shall arrange with the appropriate utility authorities for the stake out of all
underground utilities and service connections which may be affected by the Work. The Contractor
shall be responsible for any damage done to the underground utilities by the Contractor's forces
during construction . if the stake out locations are within -the - tolerances '. given in - paragraph GC
2.01.01a).
GC 7.02
Layout
.01 Prior to commencement of construction; the Contract Administrator and the Contractor will locate on
site those property bars, baselines and benchmarks which are necessary to delineate the Working
Area and to lay out the Work, all as shown on the Contract Drawings.
.02 The Contractor shall be rellpOnsible for the-preservation of allproperty-banS'while the Work is in
progress, except those property bars-which-mustbe-removed..to.facilitate..lhe Work. Any other
property bars distUrbed, damaged or removed by the Contractol's operations shall be replaced by an
Ontario Land Surveyor, at the Contractol's expense.
.03 At no extra cost to the OWner, the Contractor shall provide the Contract Administrator with such
materials and devices as may be necessary to layout the baselinE! and benchmarks, and as may be
necessary for the Inspection of the Work.
.04 The Contractor shall provide qualified personnel to lay out and establish all lines and grades
necessary for construction. The Contractor shall notify the Contract Administrator of any layout work
carried out, so that the same may be checked by the Contract Administrator.
.05 The Contractor shall Install and maintain substantial alignment markers and secondary benchmarks
as may be required for the proper execution of the Work. The Cu.,b ....lor shall supply one copy of all
alignment and grade sheets to the Contract Administrator. -
0P8 0eneraI CoolCllllona 01 ~. ............ 11188
~28
.06 The Contractor shall assume full responsibility for alignment, elevations and dimensions of each and
all parts of the WcxK, regardless of whether the Contractor's layout work has been checked by the
Contract Administrator.
.07 All stakes, marks and reference points provided by the Contract Administrator shall be carefully
preserved by the Contractor. In the case of their destruction or removal as a result of the Contractor's
operations, such stakes, marks and reference points will be replaced by the Contract Administrator at
the Contractor's expense.
.":.:......~:
GC"7.03
Damage by Vehicles or Other Equipment
.01 If at any time, in the opinion of the Contract Administrator, damage is being done or is likely to be "
. done to any Roadway or any improvement thereon, outside the Working Area, by the Contractor's
vehicles or other equipment, whether licensed or unlicensed equipment, the Contractor shall, on the
direction of the Contract Administrator, and at no extra cost to the Owner, .make changes or
::.t@bstitutions for such vehicles or equipment, and shall alter loadings, or in Some other manner,
'.~move the cause of such damage to the satisfaction of the Contract Administrator.
;~"
GC 7.Cl4
Excess Loading of Motor Vehicles
.01 "Where a vehicle is hauting Material for use on the WcxK, In whole or in part upon a Highway, and
where motor vehicle registration is required for such vehicle, the Contractor shall not cause or permit
such vehicle to be loaded beyond the legal limit specified in the Highway T18ffic Act, R.S.O. 1990,
c.H.S, as amended, whether such vehicle is registered in the name of the Contractor or otherwise,
"except where there are designated areas within the WOrking Area where overloading is permitted.
The Contractor shall bear the onus of weighing disputed loads.
GC 7.05
Condition of the Working Area
.01 The Contractor shall maintain the Working Area in a tidy condition and free from the accumulation of
debris, other than that caused by the Owner or others.
GC 7.06
Maintaining Roadways and Detours
.01 Where an existing Roadway is affected by construction, it shall be kept open to traffic, and the
Contractor sha", except as otherwise provided in this subsection, be responsible for providing and
maintaining for the duration of the WOIk, a road through the Working Area, whether along an existing
Hignway, including the road under construction, or on detours within or adjacent to the Highway, in
accordance with the MUTCD.
.02 "~1Contractor shall not be required to maintain a road through the Working Area until such time as
the Contractor has commenced operations or during seasonal shut down or on any part of the
Contract that has been accepted in accordance with these General Conditions. The Contractor shall
not be required to apply deicing chemicals or abrasives or carry out snowplowing.
.03 Where localized and separated sections of the Highway only are affected by the Contractor's
operations, the Contractor will not be required to maintain intervening sections of the Highway until
such times as these sections are located within the fimits of the Highway affected by the Contractor's
general operations under the Contract.
.04 Where the Contract Documents provide for or the Contract Administrator requires detours at specific
locations, payment for the construction of the detours, and if required, for the subsequent removal of
the detours, will be made at the Contract prices appropriate to such work.
"-:10
0P8 Gennl CondIIIone 0/ Conhct. B.~I._1899
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.05 The Contractor shall maintain, ina satisfactory condition for traffic, a road through the WOI1<ing Area.
at the Owner's expense. The road through the Working Area will include any detour constructed in
accordance with the Contract Documents or required by the Contract Administrator. Compensation
for all labour, equipment and materials to do this work shall be at the Contract prices appropriate to
the work and; where there are no such prices, at negotiated prices. Notwithstanding the foregoing,
the cost of blading required to maintain the surface of such roads and detours shall be deemed to be
included in the prices bid for the various tender items and no additional payment will be made.
.06' 'Where work under the 'Contract is discontinued for any extended period including seasonal shutdown,
.the Contractor shall, when directed by the Contract Administrator, open and place the Roadway and
detours in a passable, safe and satisfactory condition for public travel.
.07 Where the Contractor constructs a detour which is not specifically provided for, in the Contract
Documents; or required by the. Contract Administrator, the construction of the detour and, if required,
the subsequent. removal' shall be perfonne<FaFthe':.Contractor's 'expense.:.; :The detour shall be
constructed and maintained to .struCtul"lll"8l'fd-9'eometric.stan<laI#S~,l'PP~ by .the Contract
. Administrator. Removal and site restoratioI1.:shalkbe..performed::as.:cIiRiCted by the Contract
Administrator.
;08 . Where, with' the prior written approval of the Contract Administrator, the, Highway is closed and the
, . traffic diverted entirely off the Highway to any other Highway, the Contractor shal~ at no extra cost to
the Owner,supply, 'erect and maintain traffic control devices in accordance with the MUTCD.
.09 Compliance with the foregoing provisions shall in no way relieile the Contractor of obligations under
subseCtionGC'6.01;' protection 'of'Work,Persons and '-Property, dealing, with the Contractor's
responsibility for damage claims, except for claims arising on sections of Highway within the WOI1<ing
Area that are being maintained by others.
GC 7.07
Access to Properties Adjoining the Work and Interruption of UtIlity
Services
.01 ,The Contractor shall provide at all times, and at no extra cost to the Owner,
a) adequate pedestrian and vehicular access; and
b) continuity of UtIlity services
to properties adjoining the Working Area.
.02 The Contractor shall provide at all times and at no extra cost to the Owner access to fire hydrants.
and water and gas valves located in the Working Area.
.03 Where any interruptions in the supply of. Utility services- are'requirecLand.;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 speclfied in subsection GC 4.02; Approval and Permits, the Contractor shall obtain and pay
.for any permits, licenses,. and certificates which at the date of tender closing, are required for the
performance of the Work.
.02 The Contractor shall arrange for all necessary inspections required by the approvals and permits
speclfied in paragraph GC 7.08.01.
OPS Ge...... CondIllcM,. ttI ~ .llpl......' 1888
... 31
GC 7.09
Suspension of Work
.01 The Contractor shall, upon written notice from the Contract Administrator, discontinue or delay any or
all of the Woll< and woll< shall not be resumed until the Contract Administrator so directs in writing.
Delays, in~ circumstances, will be administered according to subsection GC 3.08, Delays.
GC 7.10
Contractor's Right to Stop the Work or Terminate the Contract
,. ,,;
.01 If the Owner is adjudged bankrupt or makes a general assignment for the benefit of creditors because
., 'Of insolvency or if a receiver is appointed because of insolvency, the Contractor may, without
prejudice to any other right or remedy the Contractor may have, by giving the Owner or receiver or
trustee in bankruptcy written notice, terminate the Contract.
-..."'.
:. ~.
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.02 If the Woll< is stopped or otherwise delayed for a period of 30 Days or more under an order of a court
or other public authority and provided that such order was not issued as the result of an act or faun of
. '.'~ Contractor or of anyone directly employed or engaged by the Contractor,c.the Contractor may,
:'~ut prejudice to any other right or remedy the Contractor may have, by giving the Owner written
I!;C'tice. terminate the Contract.
_..TV
.03 The Contractor may notify the Owner in writing, with a copy to the Contract Administrator, that the
. Owner is in default of contractual obligations if,
a) the Contract Administrator fails to Issue certificates in accordance with the provisions of Section
GC 8.0, Measurement and payment;
,b) the Owner fails to pay the Contractor, within 30 Days of the due dates identified in clause GC
". . 8.02.03, Certification and Payment, the amounts certified by the Contract Administrator or within
30 Days of an award by an arbitrator or court; or
c) the Owner violates the requirements of the Contract.
.04 The Contractor's written notice to the Owner shall advise that if the default is not conrected in the 7
Days immediately following the receipt of the written notice the Contractor may, without prejudice to
any other right or remedy the Contractor may have, stop the Woll< or terminate the Contract.
.05 If the Contractor terminates the Contract under the conditions set out in this subsection, the
, Contractor shall be entiUed to be paid for all worl< performed according to the Contract Documents
and for any losses or damage as the Contractor. may sustain as a result of the termination of the
Contract.
GC 7.~,
Notices by the Contractor
.01 setore worl< is carried out which may affect the property or operations of any Minisby or agency of
gOvernment or any person, company, partnership or corporation, including a municipal corporation or
any board or commission thereof, and in addition to such notices of the commencement of specified
operations as are prescribed elsewhere in the Contract Documents, the Contractor shall give at least
48 hours advance written notice of the date of commencement of such worl< to the person, company,
partnership, corporation, board, or commission so affected.
.02 In the case of damage to, or interference with any utilities, pole lines, pipe lines, conduits, farm tiles,
or other public or privately owned works or property, the Contractor shaft immediately notify the
Owner and the Contract Administrator of the location and details of such damage or interference.
P8ge32
OPS 0eMf8l CooIdllloll6 <:I Connct. Sel*mber 111II9
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GC7.12
Obstructions
.01 Except as otherwise noted in these General Conditions, the Contractor assumes all the risks and
responsibilities arising out of any obstruction encountered in the performance of the Work and any
traflicconditions, 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 Utiflty or other man-made object, the Contractor shall not be, required to,
assume the risks 'and responsibilities arising out of such obstruction, unless the location of the ,-
obstruction is shown on the plans or described in the specifications and the location so shown is
within the tolerance specified in paragraph GC 2.01.01 a), or unless the presence and location of the
'obstruction has otherwise been made known to the Contractor or could have been determined by the
visual site investigation made by the -Contractor in accordance with these General Conditions.
.03 During the course of the Contract, it isthe\Oontractor's'responsibility.to'consuIt'With Utility companies
" -'or other appropriate autilorities for further;jnformatiori-in ,regard ',to.tI1eoexact.!loC3tionof these Utilities, -
to exercise the necessary care in construction'operations;and'101ake 1\UCh'otlieLPrecautions as are
necessary to safeguard the Utility from damage.
GC7.13
Umltations of Operations
.01 Except for such work as maybe required by the Contract Administrator to maintain the Work ina safe
and satisfactory condition, the Contractor shall not cany on operations under the Contract on
Sundays without permission in writing from the Contract Administrator.
.02 The Contractor shall cooperate with other Contractors, Utility companies and the Owner and they
shall be allowed access to their work or plant at all reasonable times.
GC 7.14
Cleaning Up Before Acceptance
.01 Upon attaining Substantial Performance of the Work, the Contractor shall remove surplus materials,
, tools, construction machinery and equipment not required for the performance of the remaining Work.
The Contractor shall also remove all temporary works and debris other than that caused by the
'Owner, or others and leave the Work and Working Area clean and suitable for occupancy by the
Owner unless otherwise speclfied.
.02 The Work shall not be deemed to have reached Completion1Jlltil,the'-Contractor has removed surplus
materials, tools, construction machinery and 'equipment The Contractor shall also have removed
debris, other than that caused by the Owner, or others. - .
GC 7.15
Warranty
.01 The Contractor shall be responsible for the proper performance of the Work only to the extent that the
design and specifications permit such performance.
.02 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 Completlon Certificate, or
OPS Qeneral CondllIona tII ~. 6epIoI.lber 1_
Pege33
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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Page 34
OPS 0...,., ConcllUona 01 ConlnIc:l. 8eplomber 1899
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SECTION GC 8.0 - MEASUREMENT AND PAYMENT
GC 8.01
GC 8.01.01
Measurement
Quantities
.01 The Contract Administrator will make an estimate once a month, in writing, of the quantity of Work
performed. The first estimate will be the quantity of Work performed since the Contractor
commenced the Contract,' and every, subsequent estimate; except the final one, will be of the quantity
of Work performed since the preceding estimate was made. The Contract Administrator will provide
the copy of each estimate to the Contractor within 10 Days of the Cut-Off Date.
'.02 ' Such quantities for progress payments' shall be construed and held to approximate. . The final
" quantities for the issuance of the Completion Certificate shall be based on the measurement of Work
, completed.
.03 Measurement of the quantities 'of theWork>performed;will be::either;by<:Actua1 Measurement or by
Plan 'Quantity principles as indicated 'in 1I1e"Colitract.;~Adjusbnents',to:pla""euantity measurements
will normally be made uSing Plan' Quantity 'principles but may,where'apprOjxiate,be made using
Actual Measurements. Those' items' identified on1he'Tenderbythe notation (P) in 'the unit column
"shall be pald according'to the Plan Quantity. Items where thenotiltion (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 'andlor 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 anellor supply the Material required to complete the tender
item and payment win be made for the actual amount of Work done anellor Material supplied ,at the
unit prices stated in the Tender except as provided below:
a) ',In the case of a Major Item where the quantity of Work performed andlor Material supplied by the
Contractor exceeds the tender quantity by more than 15%, either party to the Contract may make
awriltenrequest to the other party to negotiate a revised unit price for that portion of the Work
performed andlor'Material supplied which exceeds 115% of the tender quantity. The negotiation
shall be carried out as soon as reasonably posSible. Any revision of the unit price shall be based
on the reasonable cost of doing the Work and/or supplying the Material under the tender item plus
a reasonable allowance for profit and applicable overhead.
b) 'In the case of a Major Item where the "quantity.ofWOl'k 'performed 'andlor'Material supplied by the
Contractor is less than 85% of the tender'quantity, the Contractor may make a written i'equest to
negotiate for the portion of the actuahoverheads'and, fixed ;CQS\s,applicable to the amount of the
underrun in excess of 15% of the tender quantity; For puf'll(lsElsof the,negotiation, the overheads
and fixed costs applicable to the item are deemed to have been prorated uniformly over 100% of
the tender quantity for the item. Overhead costs shall be confirmed by a statement certified by the
Contractor's senior financial officer or auditor and may be audited by the Owner. Alternatively,
where 'both parties agree, an allowance equal to 10% of the' unit price on the amount of the
underrun in excess of 15% of the tender quantity will be paid,
Written requests for compensation must be received no later than 60 Days after the issuance of the
Completion Certificate.
GC 8.02
GC 8.02.01
Payment
Price for Work
.01 Prices for the Work shall be full compensation for all labour, Eq'uipment and Material required in its
performance. The term "all labour, Equipment and Materiar shall Include Hand Tools, supplies and
other Incidentals.
OPSGe......Cond_lJf~.~,_lllll9
Page 35
.02 Payment for work not specifically detailed as part of anyone item and without specified details of
payment will be deemed to be included in the items with which it is associated.
GC 8.02.02
Advance Payments for Material
"'.'
.01 The Owner will make advance payments for Material intended for incorporation in the Work upon the
written request of the Contractor and according to the following terms and conditions:
a) The Contractor shall. in advance of receipt of the shipment of the Material, arrange for adequate
and proper storage facilities and notify the Contract Administrator of their locations.
b) The value of aggregates, processed and stockpiled, shall be assessed by the following procedure:
i. Sources Other Than Commercial
(1) ~ranular 'A', 'B' and 'M' shall be assessed at the rate of 60% of the Contract price.
(2) Coarse and fine aggregates for hot mix asphaltic concrete. surface treatment and Portland
cement concrete shall be assessed at the rate of 25% of the Contract price for each
aggregate stockpiled.
--~ii. . Commercial Sources
~,..
,~ Payment for separated coarse and fine aggregates will be considered atlJle above rate when
~. such materials are stockpiled at a commercial source where further proceSsing ls to be carried
., . out before incorporating such materials into a final product. AdvanCe payments for other
materials located at a commercial source wl1l not be made.
'c) Payment for all other materials, unless otherwise specified elsewhere in the Contract, shall be
based on the invoice price, and the Contractor shall submit proof of cost to the Contract
Administrator before payment can be made by the OWner.
d) The payment for all Materials shall be prorated against the appropriate tender item by paying for
sufficient units of the item to cover the value of the material. Such payment shall not exceed 80%
of the Contract price for the item.
e) All Materials for which the Contractor wishes to receive advance payment shall be placed in the
designated storage location immediately upon receipt of the material and shall thenceforth be held
by the Contractor in trust for the Owner as collateral security for any monies advanced by the
. Owner and for the due completion of the Work. The Contractor shall not exercise any act of
ownership inconsistent with such security, or remove any Material from the storage locations,
except for inclusion in the Work, without the consent, in writing, of the Contract Administrator.
f) Such materials shall remain at the risk of the Contractor who shall be responsible for any loss,
damage, theft, Improper use or destruction of the material however caused.
~_.~
~.
.02 Where the Owner makes advance payments subject to the conditions listed in paragraph GC
8.02.02.01, such payment shall not constitute acceptance of the Material by the Owner. Acceptance
~II only be determined when the material meets the requirements of the appropriate specification.
GC 8.02.03
Certlfication and Payment
Progress Payment Certlficate
~
GC 8.02;03.01
.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 Contractor.
P_38
0P8 Genet8l eo.-... of c:omr.ct - 8eplember 1899
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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-Off Date.
GC 8.02.03.02
CertifICation of Subcontract Completion
.01 Before the Work has reached the stage of Substantial Performance, the Contractor may notify the
Contract Administrator, in writing that a subcontract is completed satisfactorily and ask that the
,Contract Administrator certify the completion of such subcontract.
.02 The Contract Administrator will, issue a Certificale of Subcontract Completion if the subcontract has
been completed satisfactorily, and all required inspection and testing of the works covered by the ,
subcontract have been carried out and the results are satisfactory. .
.03 The Contract Administrator will set out in thEfCertificateofSUbconlIact.c':Qmpletion the date on which
. the subcontract was compleled .andwithin7 DsyS'of1hedate:the,subcontract.,is certified.complete,
the Contract Administrator will give a copy'ofthe-certificate',1Q1he:ContractoMlnd;to the SUbcontractor
concemed.
GC 8.02.03.03
Subcontract Statutory Holdback Release Certificate and Payment
.01 FollOWing receipt of the Certilic.ilte of Subcontract Completion,' the, Owner will release ,and . pay the
Contractor the statutory holdback retained in respect of the subcontract.. . Such release shalt be made
46 Days after the'date thesubcontract.was certifiedcompleteandproviding;the, Contraclol;.submits
the following to the Contract Administrator.
a) a document satisfactory to the' Contract Administrator that will release the Owner from all further
claims relating to the subcontract, qualified by stated exceptions such as holdback monies;
b) evidence satisfactory to the Contract Administrator that the Subcontractor has discharged all
liabilities incurred in carrying out the subcontract;
c) a satisfactory clearance certificate or letter from the Workplace Safety and Insurance Board
relating to the subcontract; and . ,
d) a copy of the contract between the Contractor and the Subcontractor and.a.satisfactory .statement
showing the total amount due the Subcontractor from the Contractor.
.02 Paragraph GC 8.02.03.03.01 d), will only apply to Lump Sum Items and then only when the Contract
Administrator specifically requests it
.03 Upon receipt of the statutory holdback, the Contractor-shall.forthwithgiveothe Subcontractor the
payment due under the subcontract.
.04 Release of statutory holdback by the Owner in respect of a'subcontract shall not relieve the
Contractor, or the Contractor's Surety, of any of their responsibilities.
GC 8.02.03.04
Certification of Substantial Perfonnance
.01 Upon application by the Contractor and where the Contract has been substantially performed the
Contract Administrator will issue a Certificate of Substantial Performance.
.02 The Contract Administrator will set out in the Certificate of Substantial Performance the date on which
the Contract was substantially performed and within 7 Days after signing the said certificate the
Contract Administrator will provide a copy to the Contractor.
.03 Upon receipt of a copy of the Certificate of Substantial Performance, the Contractor shall forthwith, as
required by SectIon 32(1) Paragraph 5 of the Construction Uen Act, R.S.O. 1990, c.C.30, as
amended, publish a copy of the certillcate in a construction trade newspaper. Such publication shall
Include placement In the Dally commercial News.
OPS GenelW COlldlllolll filConnCl. ......iIlef11fi
Pege 37
.04 Where the Contractor fails to publish a copy of the Certificate of Substantial Performance as required
above within 7 Days after receiving a copy of the certificate signed by the Contract Administrator, the
Owner may publish a copy of the certificate at the Contractor's expense.
.05 Except as otherwise provided for in Section 31 of the Construction Lien Act, the 45-day lien period
prior to the release of holdback as referred to in clause GC 8.02.03.05, Substantial Performance
Payment and Statutory Holdback Release Payment Certificates, shall commence from the date of
publication of the Certificate of Substantial Performance as provided for above.
GC'8.02.03.05
,
Substantial Performance Payment and Substantial Performance Statutory
Holdback Release Payment Certificates
.01 When the Contract Administrator issues the Certificate of Substantial Performance the Contract
" Administrator will also issue the Substantial Perfonnance Payment Certificate and the Substantial
p'erformance Statutory Holdback Release Payment Certificate or where appropriate, a combined
,~yment certificate.'
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.02 .'~'iRl~ Substantial Perfonnance Payment Certificate will show,
. "!if'the value of Work performed to the date of Substantial Performance;
. b) the value of outstanding or incomplete Work;
'c) the amount of the statutory holdback, anowing for any previous releases of statutory holdback to
the Contractor in respect of completed su!;;'cullb"cts and deliveries of pre-selected equipment;
d) the amount of maintenance security required; and
e) the amount due the Contractor.
.03 . Payment of the amount certified will be made within 30 Days of the date of issuance of the payment
'certificate.
~.
.04 The Substantial Performance Statutory Holdback Release Payment Certificate will be a payment
certificate releasing to the Contractor the statutory holdback due in respect of Work performed up to
the date of Substantial Performance. Payment of such statutory holdback shall be due 46 Days after
the date of publication of the Certificate of Substantial Perfonnance but subject to the provisions of
the Construction Lien Act and the submission by the Contractor of the following documents:
a) a release by the Contractor in a form satisfactory to the Contract Administrator releasing the
Owner from all further claims relating to the Contract, qualified by stated exceptions such as
outstanding work or matters arising out of subsection GC 3.14, Claims, Negotiations, Mediation;
b) a statutory declaration in a form satisfactory to the Contract Administrator that all liabilities incurred
ii,by the Contractor and the Contractor's Subcontractors in carrying out the Contract have been
, disCharged except for statutory holdbacks properly retained; .
0) a satisfactory Certificate of Clearance from the Workplace Safety and Insurance Board; and
'cmproof of publication of the Certificate of Substantial Perfonnance.
,.,.,
GC 8.02.03.06
Certification of Completion
.01 Upon application by the Contractor, and when the Contract reaches Completion, the Contract
Administrator will issue a Completion Certificate.
.02 The Contract Administrator will set out in the Completion Certificate the date on which the Work was
completed and within 7 Days of signing the said certificate the Contract Administrator will provide a
copy to the Contractor.
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OPS Genlnl COlldllloll1 III Conlrad. SepC8mber 1899
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GC 8.02.03.07
Completion Payment and Completion Statutory Holdback Release
Payment Certificates
.01 When the Contract Administrator issues the Completion Certificate, the Contract Administrator will
also issue the Completion Payment Certificate and the Completion Statutory Holdback Release
Payment Certificate or where appropriate, a combined payment certificate.
.02 The Completion Payment Certificate will show.
a) measurement and value of Work at Completion;
b) the amount of the further statutory holdback based on the value of further work completed over
and above the value of work completed shown in the Substantial Performance Payment Certificate
referred to above; and
c) the amount due the Contractor.
.03 The Completion Statutory Holdback Release::.Payment:certifi.cale,.wil,I:~::8 payment~e
. releasing'to'the Contractor-the' further SlatOlory bOldbaclC" Paymentof-suc:hiStatutory holdback shall
be due 46 Days'after the date of CompletiOriiofthe,Wod<:aseslabli$he4;b}t,\ttH!;ComPletion,Certificate
. but subject to the provisions of the ConstlVction LienAct;and,1tIe~submissioni!Y,the Contractor of the
following documents:
a) a release by the Contractor in a form satisfactory to the Contract Administralor releasing the
Owner from all further claims relating to the Contract, qualified by stated exceptions where
appropriate; ,
b) a statutory declaration in a form satisfactory to the Contract Administralor that all liabilities incurred
'by the Contractor and the Contractor's Subcontractors in canying out the Contract have been
discharged, quarlfied by stated exceptions where appropriate; and
c) 'a satisfactory Certificate of Clearance from the Workplace Safety and Insurance Board. ,
GC 8.02.03.08
Interest
.01' Interest due the Contractor is based on simple interest and is calculated using the applicable Rate of
Interest
GC 8.02.03.09
Interest for Late Payment
.01 Provided the Contractor has complied with the requirements of the Contract including all
documentation requirements, when payment by the Owner to the Contractor for Work performed, or
for release of statutory holdback, is delayed by the OWner, then the Contractor shall be entitled to
receive interest on the outstanding payment at the Rate'of'lnteresl,'ifpaymenltis not received on the
dates set out below:
a) Progress Payment Certificates: 30 Days aflerthe Cut-Off Date; '.
b) Certificate of Subcontract Completion: . 30 Days after the datecertifiedas:the date on ,which the
subcontract was completed;
c) Subcontract Statutory Holdback Release Payment Certificate: 76 Days after the date on which the
subcontract was compleled;
d)' Substantial Performance Payment Certificate: 30 Days after the'date of issuance of the certificate.
e) Substantial Performance Statutory Holdback Release Payment Certificate: 76 Days after
publication of the Payment CeltifICllte of Substantial Performance;
f) Completion Payment Certificate: 30 Days after the date certified as the date on which the
Contract reached Completion;
g) Completion Statutory Holdback Release Payment Certificate: 76 Days after the date certified as
the date which the Work was compleled.
.02 If the Contractor has not complied with the requirements of the Contract, Including aU documentation
requirements. prior to e..piIalion of the time periods described in paregreph GC 8.02.03.09.01.
interest will only begin to accrue when the Contractor has completed those requirements.
OPS o.rw.I ConcI_ 01 ConIrac:l. s-,Al...... 1_
P8ge 38
GC 8.02.03.10
Interest for Negotiations and Claims
.01 Except as hereinafter provided, where a notice of negotiation, notice of intent to claim and the
subsequent claims are submitted in accordance with the time fimits and/or procedure described by
subsection GC 3.14, Claims, Negotiations, Mediation, the Owner will pay the Contractor the Rate of
Interest on the amount of the negotiated price for that part of the Work or on the amount of the settled
claim. Such interest will not commence until 30 Days after the satisfactory completion of that part of
theWor!<.
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.02 <Where the Contractor does not attempt to resolve the negotiation or the claim in an expeditious
manner, interest shall be negotiable.
.03.Where the Contractor fails to give notice of a claim within the time limit prescribed by subsection GC
., 3.14, Claims, Negotiations, Mediation, interest shall not be paid.
.04 ''WPere a Contractor fails to comply with the 3D-day time limit and the procedures prescribed in
,'Piitagr:aph GC 3.14.03.03 for submission of claims, interest shall not be paid for tile delay period.
-'~' .
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GC 8;02;03;11 Owner's Set..otf
v.;."
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.01 c Pursuant to Section 12 of the Construction Uen Act, the Owner may retain from monies owing to the
Contractor under this Contract an amount sufficient to cover any outstanding or disputed liabilities
including the cost to remedy deficiencies, the reduction in value of substandard portions of the WorK.
claims for damages by third parties which have not been determined in writing by the Contractor's
Insurer, undetermined claims by the Owner under paragraph GC 8.01.02.01 a), any assessment due
the Workplace Safety and Insurance Board and any monies to be paid to the workers in accordance
with clause GC 8.02.06, Payment of Workers.
.02 Under these circumstances the Owner will give the Contractor appropriate notice of such action.
GC 8.02.03.12
Delay In Payment
.01 The Owner shall not be deemed to be in default of the Contract provided any delay in payment does
not exceed 30 Days from the due dates as defined in paragraph GC 8.02.03.09.01.
GC 8.02.04
GC 8~a.O:U1
Payment on a Time and Material Basis
Definitions
,
.01 For'the purpose of this clause the following definitions apply:
.,...." ,
Cost of Labour: means the amount of wages, salary, travel, travel time, food, lodging or similar items and
Payroll Burden paid or incurred directly by the Contractor to or in respect of labour and supervision actively
and necessarily engaged on the Work based on the recorded time and hourly rates of pay for such labour
and supervision, but shall not include any payment or costs ineurred for general supervision,
administration of management time spent on the entire Work or any wages, salary or Payroll Burden for
which the Contractor is compensated by any payment made by the Owner for Equipment
Cost of Material: means the cost of Material purchased, or supplied from stock, and valued at current
market prices, for the purpose of carrying out Extra Work, by the Contractor, or by others when such
arrangements have been made by the Contractor for completing the WorK. as shown by itemized Invoices.
Operated Rented eqUipment: means Rented Equipment for which an operator is provided by the
supplier of the equipment and for which the rent or lease Includes the cost of the operator.
P8ge40
OPS Genellll Condw..16 01 ~d. September 1899
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Payroll Burden: means the payments in respect of WOIkpIace 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 Contraclol's normal labour costs.
Rented Equipment: means equipment that is rented or leased for the special purpose of Work on a Time
and Material Basis from a person, firm or corporation that is not an associate of the lessee as defined by
the Securities Act, R.S.O. 1990, c.S.5, as amended, and is approved by the Contract Administrator.
Road Work: means the preparation, construction, finishing and construction maintenance of roads,
. "streets; highWays and' parking lots and includes all work incidental thereto other than work on structures.
Sewer . and Watennaln Work: means the preparation, construction, finishing. and construction
. maintenance' of sewer systems and watermain systems, and includes all work incidental thereto other than
work on structures.
Standby Time: 'means any'period of time Which is'not-consideredWcirking r~which together with
the WorkingTme does notexceed-10hours;in.any;oneWiorking;Oay"and'.dudng'which.time a unit of
. equipment cannot practically be used onother.workllut.must:lemaln:orr;tbe:site::irLorder 10 .continue with
'its'assigned 1askand 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'bridge, building, tunnel or . retaining wan lIIld the inslallation of equipment and
appurtenances incidental thereto.
The 127 Rate: means the rate for a unit of equipment as listed in'OPSS 127; Schedule of Rental Rates
for Construction Equipment Including Model and Specification Reference, which is current at the time the
work is carried out or for equipment which is not so listed, the rate which has been calculated by the
. Owner, using the same principles as used in determining The 127 Rates.
Work on a 'Time llnd Material Basis: means Changes in the Work, Extra Work and Additional Work
allProved by the Contract Administrator'forpaynient.on aTIITIe and Material-ba$is. The Work on a Time
>and Material Basis shall be subject to all the terms, conditions, specifications and provisions of the
Contract.
Working Time: means each period of time during which a unit of equipment is. actively and of necessity
'engaged on a specific operation and the first 2 hours of each,immediately..foDowing.period during which
the unit is not so engaged but during which the operation>is.otherwise>proceeding.and during ,which time
the unit cannot practically be transferred to otherwork but must remain 'on the site-inorder to continue with
its assigned tasks and during which time the,unit is ina fully operable condition..~ .
GC 8.02.04.02
Dally Work Records
.01 Daily Work Records prepared as the case may be by either the Contraclol's representative or the
. Contract Administrator and reporting the labour and Equipment employed and the Material used on
each Time and' Material project, shall bereconclled and signed each day by both the Contracto(s
representative and the Contract Administrator.
GC 8.02.04.03
Payment for Work
.01 Payment as herein provided shall be full compensation for all labour, Equipment and Material to do
the Work on a Time and Material Basis except where there Is agreement to the contrary prior to the
commencement of the Work on a Time and Material Basis. The payment adjustments on a Time and
Material basis shall apply to each individual Change Order authorized by the Contract Administrator.
OPS 0._ CondIUona 01 ConncI. s.,Ao..,ob.l ,_
P_4'
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 Time and Material work on the Contract.
GC 8.02.04.05
Payment for Material
!!'."-' ~.-
.01 The Owner will pay the Contractor for Material used on each TlITle and Material project at 120% of the
"~t 'Of the Material up to $3000, then at 115% of any portion of the Cost of Material in excess of
. '.',$8000. '..
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GC1i~'04.06
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Payment for Equipment
GC 8.02.04.06.01
Working Time
.01 The Owner will pay the Contractor for the Working Time of all equipment other than Rented
Equipment and Operated Rented Equipment used on the Work on a Tune 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,OOO plus 90% of the portion
in excess of $10,000; and
c) Cost greater than $ 20,000 - $19,000 plus 80% of the portion in excess of $20,000.
.02 The Owner will pay the Contractor for the Working Time of Rented Equipment used on the Work on a
Tme and Material Basis at 110% of the invoice price approved by the Contract Administrator up to a
maximum of 110% of The 127 Rate. This constraint will be waived when the Contract Administrator
approves the invoice price prior to the use of the Rented Equipment
.03 The Owner will pay the Contractor for the Working Time of Operated Rented Equipment used on the
Work on a Tane and Material Basis at 110% of the Operated Rented Equipment invoice price
approved by the Contract Administrator prior to the use of the equipment on the Work on a Time and
,. Material Basis.
.;,:
GC 8;02l04;06.02
w,'t
Standby Time
.01 The Owner will pay the Contractor for Standby Time of Equipment at 35% of The 127 Rate or 35% of
the invoice price whichever is appropriate. The Owner will pay reasonable costs for Rented
Equipment where this is necessarily retained in the Working Area for extended periods agreed to by .
the Contract Administrator. This will include Rented Equipment intended for use on other work, but
has been idled due to the circumstances giving rise to the Work on a Tme and Material Basis.
.02 In addition, the Owner will include the C<lst of Labour of operators or associated labourers who
cannot be otherwise employed during the standby period or during the period of idleness caused by
the circumstances giving rise to the Work on a Time and Material Basis.
.03 The Contract Administrator may require Rented Equipment Idled by the circumstances giving rise to
the Work on Time and Material Basis to be returned to the lessor until the work requiring the
equipment can be resumed. The Owner will pay such costs as result from such return.
Page 42
CPa o.ne..J Colwllu... ol ~. 8ep101/....' 1899
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.04 When Equipment is transported, solely for the purpose of the WOlk on a Time and Material Basis, to
or from the Working Area on a Time and Material basis, payment will be made by the Owner only in
respect of the transporting units. When Equipment is moved under its own power it shall be deemed
to be working. The method of moving Equipment and the rates shall be subject to the approval of the
Contract Administrator.
GC 8.02.04.07
Payment for Hand Tools
.01 Notwithstandingany.other provision of this Section, .nopayment 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 tor Work on aTme and Material Basis,or.a partofit, to beperfonned
. bySUbcontlactors..on .aTime. and ,Material ..basil....and...has~.apP/!l:val,prior to the
'commencement .of.'such:.WOrk;cin . accordance ~y-requirements;1Obsubsectior.vGC. 3.10,
. SUbContracting by the Contractor. the Owner Will paythe'costiof.w~,on.a..)l;"me,and]Material Basis
by1he SubcontractOr calculated-as if the .Contractor nad'donetlle,Work..gn,a;;~me;and.Material Basis,
p1us'a markup calculated on the following basis: .
a) 20% of the first $3,000; plus
b) 15% of the amount from $3,000 to $10,000; plus
c) 5% of the amount in excess of $10,000.
;02 . -No further markup wiD be. applied regardless.of.the extent to which. the work is assigned or sublet to .
': others:' If work is~ilssigned .or, sublet.to an. associate. . as defined by the. Securities.Act no markup.
whatsoever WiD be applied. . .
GC 8.02.04.09
Submission of Invoices
.01 At. the start of .the WOlk 'on a Tme and Material Basis, the Conllactor .shall.provide.the applicable.
. labour and Equipment rates not already submitted to.the Contract Adminislrator during the course of
such work.
.02 .Separal&summariesshaU be'completed by the Contractor according to the.standard for.rn..Summary . .
for Payment of Accounts on a Tme.and Material Basis... Each summary .shalllnclude.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 WOlk
on a Time and Material Basis sh<illbe included witheachsummary."'......". .'~""""'"''
:03 Each monththe.ContractAdministratorwill include.With the.ll1QIIthly'W!9~-P!IYJllel!,t~!tificate, the
costs of the WOlk on a Tme and Material Basis incurred during' the preceding month all in
. accordance With the contract administrative procedures and the Contractor's invoice of the Work on a
Time and Material Basis. .
.04 TIle final .SummarY tor Payment of Accounts on a Time and Material BasIs. shall be .submitted by the
Contractor Within 60 Days after the completion of the WOlk on a Time and Material Basis.
GC 8,02.05
Final Acceptance Certificate
.01 After the .acceptance of the Work .the contract Adminlslrator will issue the Final AcC;eplance
Certificate, or, where applicable, after the Warranty Period has expired. The Anal Acceptance
Certificate wiD not be issued until all known deficiencies have been adjusted or corrected, as the case
may be, and the Contractor has discharged all obligations under the COntract
OPS ~ ConcOOono oICon1r8d .~ 11199
P_C3
GC 8.02.06
Payment of Workers
.01 The Contractor shall, in addition to any fringe benefits, pay the workers employed on the Work in
accordance with the labour conditions set out in the Contract and at intervals of not less than twice a
month.
.02 The Contractor shall require each Subcontractor doing any part of the Work to pay the workers
employed by the Subcontractor on the Work in accordance with paragraph GC 8.02.06.01.
.03 Where any person employed by the Contractor or any Subcontractor or other person on the Work is
paid less than the amount required to be paid under the Contract, the Owner may set off monies in
accordance with clause GC 8.02.03.11, Owner's Set-off.
GC 8.02.07
Records
.01 The Contractor shall maintain and keep accurate Records relating to the Work, Changes in the Work,
Extra Work and claims arising therefrom. Such Records shall be of sufficient detail to support the
total cost of the Work, Changes in the Work, and Extra Work. The Contractor shall preserve all such
. d original Records until 12 months after the Final Acceptance Certificate is Issued or until all claims
have been seWed, whichever is longer. The Contractor shall require that SubContractors employed
by the Contractor preserve aD original Records pertaining to the Work, Changes in the Work, Extra
Work and claims arising therefrom for a similar period of time.
.02 If, in the opinion of the Contract Administrator. Dally Work Records are required, such records shall
report the labour and Equipment employed and the Material used on any speclfic portion of the Work.
The Daily Work Records shall be reconciled with and signed by the Contractor's representative each
day.
.03 The Owner may inspect and audit the Contractor's Records relating to the Work, Extra Work and
Changes in the Work at any time during the period of the Contract. The Contractor shall supply .
certified copies of any part of its Records required whenever requeSted by the Owner.
GC 8.02.08
Taxes and Duties
.01 Where a change in Canadian Federal or Provincial taxes occurs after the date of tender closing for
this Contract, and this change could not have been anticipated at the time of bidding, the Owner will
increase or decrease Contract payments to account for the exact amount of tax change involved.
.02 Claims for compensation for additional tax cost shall be submitted by the Contractor to the Contract
Administrator on forms provided by the Contract Administrator to the Contractor. Such claims for
additional tax costs shall be submitted not less than 30 Days after the date of Final Acceptance.
.03 Where the Contractor benefits from a change in Canadian Federal or Provincial taxes, the Contractor
shall submit to the Contract Administrator, on forms provided by the Contract Administrator, a
statement of such benefits. This statement shall be submitted not later than 30 Days after Final
Acceptance.
.04 Changes In Canadian Federal or Provincial taxes which impact upon commodities, which when left in
. place form part of the finished Work, or the provision of services, where such services form part of the
Work and where the manufacture or supply of such commodities or the provision of such services is
carried out by the Contractor or a Subcontractor, are subject to a claim or benefit as detailed above.
Services in the latter context means the supply and operation of eqUipment, the provlslon of labour
and the supply of commodities, which do not foRn part of the Work.
Page 44
OPS 0enerIl CondItIot.. 0/ Contrac:l- September 1880
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GC 8.02.09
Uquidated Damages
.01 When liquidated damages are specified in the Contract and the Contractor fails to complete the Work
in accordance with the Contract, the Contractor shaD pay such amounts as are specified in the
Contract Documents.
OPS 0e""..1 CondIUonl 01 ConltKt. ~ 1_
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