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HomeMy WebLinkAbout2005-178 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2005- 178 Being a By-law to authorize a contract between the Corporation of the Municipality of Clarington and Peninsula Construction Inc. Fonthill, Ontario, to enter into agreement for Culvert Replacement & Erosion Remedial Works. THE COPORATION 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 Peninsula Construction Inc. Fonthill, Ontario and said Corporation; and 3. THAT the contract attached hereto as Schedule "An form part of this By-law. By-law read a first and second time this 12 day of September , 2005. By-law read a third time and finally passed this 12 day of September ,2005. ~~{JL Johnutton _ - : ~ _ _ _ _ Mayor - - I I I I I I I I I I I I I I I I I I I CORPORATION OF THE MUNICIPALITY OF CLARINGTON PART A - 4TH CONCESSION CULVERT REPLACEMENT, BOWMANVILLE PART B - EROSION PROTECTION AND DRIVEWAY ACCESS REPAIR, OLD V ARCOE ROAD, COURTICE PART C - CULVERT EXTENSION AND EROSION PROTECTION, MEARNS AVENUE, BOWMANVILLE CONTRACT NO. CL200S-21 JULY 2005 ~~ architects planners TSH No. 12-29402 I I I I I I I I I I I I I I I I I I I AGREEMENT THIS AGREEMENT made in quadruplicate BETWEEN: PENINSULA CONSTRUCTION INC. of the Regional Municipality of Niagara and Province of Ontario hereinafter called the "Contractor" THE PARTY OF THE FIRST PART - and - THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON hereinafter called the "Purchaser" THE PARTY OF THE SECOND PART WITNESSETH, that the party of the first part, for and in consideration of the payment or payments specified in the tender for this work hereby agrees to furnish all necessary machinery, tools, equipment, supplies, labour, and other means of construction and, to the satisfaction of the Engineer, to do all the work as described hereafter, furnish all the materials except as herein otherwise specified, and to complete such works in strict accordance with the plans, specifications and tender therefore, all of which are to be read herewith and form part of this present agreement as fully and completely to all intents and purposes as though all the stipulations thereof have been embodied herein. Page I of 3 I I I I I I I I I I I I I I I I I I I DESCRIPTION OF THE WORK AND LIST OF DOCUMENTS Part 'A' - 4th Concession Culvert Replacement, Bowmanville, Part 'B' - Erosion Protection and Driveway Access Repair, Old Varcoe Road, Courtice, Part 'C' - Culvert Extension and Erosion Protection, Mearns Avenue, Bowmanville, Contract No. CL2005-21 Addendum No.1 dated July 25,2005 A. TENDER FORM: General Itemized Bid Bonds Schedule of Tender Data B. STANDARD TERMS AND CONDITIONS C. INSTRUCTIONS TO TENDERERS D. SPECIAL PROVISIONS - GENERAL E. SPECIAL PROVISIONS - TENDER ITEMS F. STANDARDS G. PLANS: Drawings No. SI, S2, Bl, B2, B3 and CI, MAPS; 1 - Site Locations H. STANDARD SPECIFICATIONS: It shall be the Contractor's responsibility to obtain the applicable edition of the following Ontario Provincial Standard Specifications. OPSS No. Date 127 Current 128 Current 182 Nov. 2000 201 Nov. 2003 206 Nov. 2000 212 Nov. 2004 310 Nov. 2004 OPSS No. Date 313 Nov. 2002 314 Nov. 2004 405 Feb. 1990 408 Nov. 2004 421 Apr. 1999 501 Feb. 1996 OPSS No. Date 510 Nov. 2004 511 Nov. 2004 512 Nov. 2004 518 Apr. 1999 552 Nov. 2004 570 Aug. 1990 OPSS No. Date 572 Nov. 2003 577 Feb. 1996 902 Nov. 2002 903 Nov. 2002 906 Nov. 2004 906 Mar. 1998 928 May 1994 I. GEOTECHNICAL INVESTIGATION (Borehole Logs - Part' A') J. 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 October 31, 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 of3 I I I I I I I I I I I I I I I I I I I IN WITNESS WHEREOF, the Contractor and the Purchaser have hereunto signed their names and set their seals on the day first above written. SIGNED and sealed by the Contractor PE in the presence of ) ) ) ) ) ) ) ) ) ) ) SIGNED and sealed by the Purchaser in the presence of ) ) ) ) ) Date ) ) ) ) ) ) Pf29402/SpecsIAGR.doc Date Date Date fiu (q 1 c"'- . . . '- y ,--- - --.~ ~G . a/ICU J1/()5 { - . - ./'---- THE CORPORATION OF THE MUNICIPALITY OF CURI~:NM~~ A'-A..:'::,~"'J.- 3r:>jOS -J . .... / . ..... ~~? );/' ~~'::"'."'>'~~"" . Z~/\n~-.-/ '--, -::-- A"-A. <:- Gr'_' - ~\l..re-e., l::>~~ ~~~\<,_r\c. .- - . .~ .J\.U5u.S t 3D, 2<..><:,-5- Page 3 00 I I I I I I I I I I I I I I I I I I I CONTRACT NO. CL2005-21 MUNICIPALITY OF CLARINGTON PART 'A' - 4TH CONCESSION CULVERT REPLACEMENT, BOWMANVILLE PART 'B' - EROSION PROTECTION AND RIVEW A Y ACCESS REPAIR, OLD V ARCOE ROAD, COURTICE PART 'c' - CULVERT EXTENSION AND EROSION PROTECTION, MEARNS AVENUE, BOWMANVILLE ADDENDUM NO.1 Contractors are hereby advised of the following modifications to Contract No. CL2oo5-2l INSTRUCTIONS TO TENDERERS 1. GENERAL The closing date has been revised to: "2:00:00 p.m., LOCAL TIME, FRIDAY, AUGUST 5,2005" All tenders mnst be submitted on the basis of this modification. This Addendum shall remain attached to and form part of all tenders submitted. TSH Engineers Architects Planners 513 Division Street Cobourg, Ontario K9A 5G6 July 25, 2005 PI294021Specs1ADDI.doc I I I I I I I I I I I I I I I I I I I PROJECT: AUTHORITY: CONTRACT ADMINISTRATOR: TENDERER: TENDERS RECEIVED BY: N9402\Spe<;:s\210S6.TF.SignDoc!l.Doc TENDER FOR CONTRACT NO. CL2005-21 PART A - 4TH CONCESSION CULVERT REPLACEMENT, BOWMANVILLE PART B - EROSION PROTECTION AND DRIVEWAY ACCESS REPAIR, OLD V ARCOE ROAD, COURTICE PART C - CULVERT EXTENSION AND EROSION PROTECTION, MEARNS A VENUE, BOWMANVILLE CORPORATION OF THE MUNICIPALITY OF CLARINGTON TOTTEN SIMS HUBICKI ASSOCIATES (1997) LIMITED ENGINEERS, ARCHITECTS and PLANNERS 5 I3 DIVISION STREET COBOURG, ONTARIO K9A 5G6 Telephone: 905-372-2121 Fax: 905-372-3621 Peninsula Construction Inc. Name 2055 Kottmeier Road, R. R. #1 FONTHILL. Ontario LOS I E6 Address (include Postal Code) Tel: 905-892-2661 Fax: 905-892-4692 Telephone and Fax Numbers Gerry Huibers Name of Person Signing Secretary Position of Person Signing Mrs. Pattie Barrie, Clerk Corporation of the Municipality of Clarington Municipal Administration Centre 40 Temperance Street BOWMANVILLE, Ontario. LlC 3A6 Page 1 of 8 pages I I I I I I I I I I I I I I I I I I I TENDER CONTRACT NO. CL2005-21 To: The Mayor and Members of Council Corporation of the Municipality of Clarington Re: Contract No. CL2005-21 Part A - 4th Concession Culvert Replacement, Bowmanville Part B - Erosion Protection and Driveway Access Repair, Old Varcoe Road, Courtice Part C - Culvert Extension and Erosion Protection, Mearns Avenue, Bowmanville Dear Mayor and Members of Council: The Contractor has carefully examined the Plans, Provisions, Specifications and Conditions described herein as part of the work to be done under this Contract. The Contractor understands and accepts the said Plans, Provisions, Specifications and Conditions, and, for the prices set forth in this Tender, hereby offers to furnish all machinery, tools, apparatus and other means of construction, furnish all materials, except as otherwise specified in the Contract, and to complete the work in strict accordance with the said Plans, Provisions, Specifications and Conditions. The Contractor understands and accepts that the quantities shown are approximate only, and are subject to increase, decrease, or deletion entirely if found not to be required. Attached to this tender is a bid deposit in the amount specified in Clause 3 of the Instructions to Tenderers, made payable to the Authority. This cheque or bid bond shall constitute a deposit which shall be forfeited to the Authority if the successful Contractor fails to file with the Authority a 100% Performance Bond, and a 100% Labour and Material Payment Bond, satisfactory to the Authority within ten (10) calendar days from the date of receipt of Notice of Acceptance of the Tender. Notification of acceptance may be given and delivery of the form of Agreement made by prepaid post, addressed to the Contractor at the address contained in this Tender. Page 2 of 8 pages I ITEMIZED BID CONTRACT NO. CL2005-21 I In accordance with the first paragraph of this Tender, the Contractor hereby offers to complete the work specified for Contract No. CL2005-2l for the following unit prices. I Spec. No. The numbers in this column refer to the applicable issue of the Ontario Provincial Standard Specifications SP Refers to Special Provisions (P) Plan Quantity Payment Item I I PART 'A': 4th CONCESSION CULVERT REPLACEMENT, BOWMANVlLLE Al 201, 206 Site Preparation LS 2,900.00 2,900.00 I 510,902 SP I A2 182,902 Temporary Stream Diversion LS 3,326.25 3,326.25 SP A3 182,518 Unwatering and Siltation Control LS 2,813.00 2,813.00 I 902 SP I A4 206,510 Removal and Disposal of Existing LS 3,413.26 3,413.26 902, 928 Structure SP I A5 206, 501 Earth Excavation 3 200 16.30 3,260.00 m SP (Grading) (P) A6 902 Earth Excavation for Structure 3 360 16.28 5,860.80 I m SP A7 314, 501 Granular Bedding to Culvert m3 7 105.03 735.21 I SP A8 421,903 2700mm Dia. Corrugated Steel Pipe LS 56,058.06 56,058.06 I 906 SP A9 314, 501 Granular Backfill to Structure LS 35,400.00 35,400.00 I SP AlO 314, 501 Granular "A" t 205 35.40 7,257.00 I SP All 314, 501 Granular "B" t 370 35.39 13,094.30 SP I A12 310,313 Hot Mix HL-8 t 50 176.09 8,804.50 SP I A13 511 Rock Protection LS 4,444.50 4,444.50 SP A14 511 River Run Stone LS 3,831.93 3,831.93 I SP I Page 3 of 8 pages I ITEMIZED BID I In accordance with the first paragraph of this Tender, the Contractor hereby offers to complete the work specified for Contract No. CL2005-21 for the following unit prices. I Spec. No. The numbers in this column refer to the applicable issue of the Ontario Provincial Standard Specifications SP Refers to Special Provisions (P) Plan Quantity Payment Item I I A15 I I A18 I I PART 'B': EROSION PROTECTION, OLD V ARCOE ROAD, COURTICE I Bl I B2 I B3 I B5 I B6 I B7 I B8 I I B11 I A16 A17 B4 B9 BIO 570 SP 572 SP 552 SP 552 201 SP 182 SP 206 SP 310 SP 314 SP 314 SP 511 SP 511 SP 512 SP 908 SP 570,572 SP CONTRACT NO. CL200S-21 Topsoil (Imported) 38 27.92 1,060.96 Seed and Erosion Control Blanket 2 m 380 7.69 2,922.20 Three Cable Guide Rail 94 35.00 m 3,290.00 Anchor Blocks 4 1,250.00 ea 5,000.00 Total Part 'A' (Carried to Summary) 163,471.97 Site Preparation LS 2,761.00 2,761.00 Unwatering and Siltation Control LS 3,465.25 3,465.25 Earth Excavation for Structure m3 70.0 16.21 1,134.70 Hot Mix HL-3F (50 mm) 7.5 t 176.09 1,320.68 Granular 'B' 71.4 t 35.42 2,528.99 Granular' A' 26.5 t 35.42 938.63 Rock Protection m3 14.4 233.78 3,366.43 Geolextile - Terrafix 800R m2 163.0 6.42 1,046.46 DURA-HOLD Wall m2 50.5 528.45 26,686.73 Pedestrian Hand Rail 16.0 234.79 m 3,756.64 Topsoil (Imported) m2 13.0 21.70 282.1 Page 4 of 8 pages I In accordance with the first paragraph of this Tender, the Contractor hereby offers to complete the work specified for Contract No. CL2005-21 for the following unit prices. I Spec, No. The numbers in this column refer to the applicable issue of the Ontario Provincial Standard Specifications SP Refers to Special Provisions (P) Plan Quantity Payment Item I I BI2 I I B13 I BI4 I B15 I I ITEMIZED BID CONTRACT NO. CL2005-21 570 SP 511 SP 570 SP 572 SP Plant Material a) Red Osier Dogwood Plantings (80 cm) b) High Bush Cranberry Plantings (100 cm) c) Speckled Alder (25 mm) 5.0 38.73 ea 193.65 10.0 49.81 ea 498.10 10.0 43.88 ea 438.80 River Run Stone 10.0 t 58.50 585. Armour Stone - Training Wall 115.0 t 136.39 15,684.85 Seed and Mulch m2 13.0 7.69 99.97 Total Part 'B' (Carried to Summary) 64,787.98 I PART 'C': CULVERT EXTENSION, MEARNS AVENUE, BOWMANVILLE I CI 201 Site Preparation LS 2,745.00 2,745.00 SP I C2 182 Unwatering and Siltation Control LS 3,481.24 3,481.24 SP C3 206 Earth Excavation for Structure m3 75.0 16.29 1,221.75 I SP C4 421 2200mm Dia. Corrugated Steel Pipe m 4.1 2,399.46 9,837.79 I SP C5 421 CSP Coupler ea 1.0 654.34 654.34 SP I C6 SP Armour Stone-Channel t 145.0 136.42 19,780.90 I C7 512 Oabions m3 10.0 334.55 3,345.5 SP C8 511 Oeotextile - Terrafix 800R m2 88.0 6.42 564.96 I SP I Page 5 of 8 pages I ITEMIZED BID CONTRACT NO. CL200S-21 I In accordance with the first paragraph of this Tender, the Contractor hereby offers to complete the work specified for Contract No. CL2005-21 for the following unit prices. I Spec. No. The numbers in this column refer to the applicable issue of the Ontario Provincial Standard Specifications SP Refers to Special Provisions (P) Plan Quantity Payment Item I Total (excluding GST) GST (7% of Total) TOTAL TENDER AMOUNT I Tenderer's GST Registration No. RI04138151 I C9 CIO I ClI I C12 I CI3 I C14 C15 I I I I I I I C16 SP Guide Posts 4.0 55.01 ea 220.04 570 Topsoil (Imported) SP 212 Earth Borrow SP SP Reinstate Fence m2 160.0 14.87 2,379.20 m3 115.0 27.93 3,211.95 20.0 87.32 m 1,746.40 511 SP 572 SP 511 SP 314 SP River Run Stone 2.0 t 424.93 849.86 Seed and Mulch m2 160.0 7.69 1,230.40 Rock Protection m3 14.0 240.46 3,366.44 Granular Bedding to Culvert m3 18.0 105.17 1,893.06 Total Part 'C' (Carried to Summary) 56,528.83 SUMMARY- Total Part 'A' - 4th Concession Culvert Replacement Total Part 'B' - Erosion Protection, Old Varcoe Road, Courtice Total Part 'C' - Culvert Extension, Mearns Avenue, Bowmanville 163,471.97 64,787.98 56,528.83 $ $ $ 284,788.78 19,935.21 304,723.99 I P,Il2-29402\Spca'(29402.IIcm Bid-SlgnDoa.xl.)Signi.. Doa I Page 6 of 8 pages I I I I I I I I I I I I I I I I I I I AGREEMENT TO BOND (to be completed bv Bondinl! Companv) CONTRACT NO. CL200S-21 Bond No.: 8001289-64 WE, the Undersigned, HEREBY AGREE to become bound as Surety for Peninsula Construction Inc. in a Performance Bond totalling ONE HUNDRED PERCENT (100%) of the Total Tender amount, and a Labour and Material Payment Bond totalling ONE HUNDRED PERCENT (100%) ofthe 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. CL2005-21 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 --1!!L day of August 2005 The Guarantee Companv of North America Name of Bonding Company Joan Chernenko 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 7 of 8 pages I I I I I I I I I I I I I I I I I I I SCHEDULE OF TENDER DATA CONTRACT NO. CL2005-21 The work specified in the Contract shall be performed in strict accordance with the following Schedule: A. TENDER FORM: General Pages I and 2 Itemized Bid Page 3 to 6 Agreement to Bond Page 7 Schedule of Tender Data Page 8 B. STANDARD TERMS AND CONDITIONS C. INSTRUCTIONS TO TENDERERS Pages I to 5 D. SPECIAL PROVISIONS - GENERAL Pages I to 10 E. SPECIAL PROVISIONS - TENDER ITEMS Pages I to 19 F. STANDARDS G. PLANS: Drawings No. SI, S2, BI, B2, B3 and CI, MAPS: 1- Site Locations H. STANDARD SPECIFICATIONS: It shall be the Contractor's responsibility to obtain the applicable edition of the following Ontario Provincial Standard Specifications. OPSS No. Date OPSS No. Date OPSS No. Date OPSS No. Date 127 Current 313 Nov. 2002 510 Nov. 2004 572 Nov. 2003 128 Current 314 Nov. 2004 511 Nov. 2004 577 Feb. 1996 182 Nov. 2000 405 Feb. 1990 512 Nov. 2004 902 Nov. 2002 201 Nov. 2003 408 Nov. 2004 518 Apr. 1999 903 Nov. 2002 206 Nov. 2000 421 Apr. 1999 552 Nov. 2004 906 Nov. 2004 212 Nov. 2004 501 Feb. 1996 570 Aug. 1990 906 Mar. 1998 310 Nov. 2004 928 May 1994 1. GEOTECHNICAL INVESTIGATION (Borehole Logs - Part' A') J. 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 all of its obligations to comply with the Provincial Retail Sales Tax requirements, so that it is able to do business in Ontario. Yes x No By my/our signature hereunder, I/we hereby identifY this as the Schedule of Tender Data, Plans and Specifications, for Contr t No. CL2005- , executed by me/us bearing date the ~day of August .2005 and we have fully read all r ted documents to ender data as listed above. SIGNATURE POSITION _..~' -~ :',: - -~:'~ :- <:::~-- --~- -:...:: -~ ..:::-::::: -, ---~ '-c. NAME OF FIRM Peninsula Construction Inc. _-= ......., ~ --: -s: (C~~NY $@.) -.- .....,; . ~- ,- ~ - : ....:- --". Privacv Leeislation c"<~~:'~:_::::.~':'~.:.., 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, but is not limited to, the employees' names, education, work and project history, professional designations and qualifications. This CONSENT permits the owner to disclose this personal information to the Engineer (owner or agent) for the purpose of evaluating our bid. In the event that the tender is successful, this personal information may also be used in project administration, for contact purposes. This is Page 8 of8 Pages to be submitted as the Tender Submission for Contract No. CL2005-2 I. I I I I I I I I I I I I I I I I I I I Pf29402\SpecsV21OS8.sr &c.doc CORPORATION OF TIlE MUNICIPALITY OF CLARINGTON CONTRACT NO. CL200S-21 STANDARD TERMS AND CONDITIONS I I I I I I I I I I I I I I I I I I I STANDARD TERMS AND CONDITIONS The Municipality of Clarington's "Standard Terms and Conditions" shall apply to this Contract except where noted below. . Clause 8 oflhe "Standard Terms and Conditions" shall be superceded by Clause 7 - "Payments" of the "Special Provisions - General" Section of the Contract. . Clause 15 of the "Standard Terms and Conditions" shall be superceded by Clause 1- "Guaranteed Maintenance" of the "Special Provisions - General" Section of the Contract. . Clause 16 of the "Standard Terms and Conditions" is not applicable to this Contract. . Clause 23 of the "Standard Terms and Conditions" shall be superceded by Clause 6.03.02 of the OPS General Conditions of Contract (September 1999) which requires a $5,000,000.00 liability coverage. . Clause 26 of the "Standard Terms and Conditions" shall be superceded by Clause 17 _ "Workplace Hazardous Materials Information System (WHMISr, the Municipality of Clarington's "Contractor Safety" Documents (5 pages) STANDARD TERMS AND CONDITIONS 1. DEFINITIONS Municipality _ The Corporation of the Municipality of Clarington, its successors and assigns. Bidder _ The person, firm or corporation submitting a bid to the Municipality. Company _ The person, contractor, firm or corporation to whom the Municipality has awarded the contract, it successors and assigns. Contract _ The purchase order authorizing the company to perform the work, purchase order alterations, the document and addenda, the bid, and surety. Subcontractor _ A person, firm or corporation having a contract with the company for, or any part of, the work. Document _ The document(s) issued by the Municipality in response to which bids are invited to perform the work in accordance with the specifications contained in the document. Bid _ An offer by a Bidder in response to the document issued by the Municipality. Work _ All labour, materials, products, articles, fixtures, services, supplies, and acts required to be done, fumished or performed by the company, which are subject to the Contract. 2. SUBMISSION OF BID Bid invitation shall be in accordance with the Municipality of Clarington Purchasing By-law #94-129 and will apply for the calling, receiving, and opening of bids. The Municipality will be responsible for evaluating bids, awarding and administering the contract in accordance with the Purchasing By-law. The bid must be submitted on the form(s) and in the envelope supplied by the Municipality unless otherwise provided herein. The envelope must not be covered by any outside wrappings, i.e. courier envelopes or other coverings. The bid must be signed by a designated signing officer of the Bidder. If a joint bid is submitted, it must be signed on behalf of each of the Bidders. The bid must be legible, written in ink, or typewritten. Any form of erasure, strikeout or over-writing must be initialled by the Bidde~s authorized signing officer. The bid must not be restricted by a covering letter, a statement added, or by alterations to the document unless otherwise provided herein. Failure to retum the document or invitation may result in the removal of the Bidder from the Municipality's bidde~s list. A bid received after the closing date and time will not be considered and will be retumed, unopened. Should a dispute arise from the terms and conditions of any part of the contract, regarding meaning, intent or ambiguity, the decision of the Municipality shall be final. 3. CONTRACT The oontract oonsists of the documents aforementioned. I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 7. 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 therefore. 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 therefore. 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. PRICING Prices shall be in Canadian Funds, quoted separately for each item stipulated, F.O.B. destination. Prices shall be firm for the duration of the contract. Prices bid must include all incidental costs and the Company shall be deemed to be satisfied as to the full requirements of the bid. No claims for extra work will be entertained and any additional work must be authorized in writing prior to commencement. Should the Company require more 8. information or clarification on any point, it must be obtained prior to the submission of the bid. I I I Payment shall be full compensation for all costs related to the work, including operating and overhead costs to provide work to the satisfaction of the Municipality. All prices quoted shall include applicable customs duty, excise tax, freight, insurance, and all other charges of every kind attributable to the work. Goods and Services Tax and Provincial Sales Tax shall be extra and not shown, unless otherwise specified herein. I I I I I I I I I I I I I I I I If the Bidder intends to manufacture or fabricate any part of the work outside of Canada, ~ shall arrange its shipping procedures so that its agent or representative in Canada is the importer of record for customs purposes. Should any additional tax, duty or any variation in any tax or duty be imposed by the Government of Canada or the Province of Ontario become directly applicable to work specified in this document subsequent to its submission by the Bidder and before the delivery of the work covered thereby pursuant to a purchase order issued by the Municipal~ appropriate increase or decrease in the price of work shall be made to compensate for such changes as of the effective date thereof. TERMS OF PAYMENT Where required by the Construction Lien Act appropriate monies may be held back until 60 days after the completion of the work. Payments made hereunder, including final payment shall not relieve the company from its obligations or liabilities under the contract. Acceptance by the company of the final payment shall consmute a waiver of claims by the company against the Municipality, except those previously made in writing in accordance with the contract and still unsettled. The Municipal~ shall have the right to w~hold from any sum otherwise payable to the company such amount as may be sufficient to remedy any defect or deficiency in the work, pending correction of it. Payment may be made 30 days after delivery pursuant to the Bidder submitting an invoice, contract requirements being completed and work being deemed satisfactory. 9. PATENTS AND COPYRIGHTS The company shall, at its expense, defend all claims, actions or proceedings against the Municipal~ based on any allegations that the work or any part of the work constitutes an infringement of any patent, copyright or other proprietary right, and shall pay to the Municipality all costs, damages, charges and expenses, including its lawyers' fees on a solicitor and his own client basis occasioned to the Municipality by reason thereof. The company shall pay all royalties and patent license fees required for the work. If the work or any part thereof is in any action or proceeding held to constitute an infringement, the company shall forthwith either secure for the Municipality the right to continue using the work or shall at the company's expense, replace the infringing work with non-infringing work or modify it so that the work no longer infringes. 10. ALTERNATES I I I I I I I I I I I I I I I I I I I 16. 17. Any opinion with regard to the use of a proposed alternate determined by the Municipality shall be final. Any bid proposing an aRernate will not be considered unless otherwise specified herein. 11. EQUIVALENCY Any opinion determined by the Municipality with respect to equivalency shall be final. 12. ASSIGNMENT AND SUBCONTRACTING The company shall not assign or subcontract the contract or any portion thereof without the prior written consent of the Municipality. 13. FINANCING iNFORMATION REQUIRED OF THE COMPANY The Municipality is entitled to request of the Company to furnish reasonable evidence that financial arrangements have been made to fulfill the Municipality's obligations under the Contract. 14. LAWS AND REGULATIONS The company shall comply with relevant Federal, Provincial and Municipal statutes, regulations and by-laws pertaining to the work and its performance. The company shall be responsible for ensuring similar compliance by suppliers and subcontractors. The contract shall be governed by and interpreted in accordance wnh the laws of the Province of Ontario. 15. CORRECTION OF DEFECTS If at any time prior to one year alter 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. BID ACCEPTANCE The Municipality reserves the right to award by item, or part thereof, groups of items, or parts thereof, or all nems of the bids and to award contracts to one or more bidders submitting identical bids as to price; to accept or reject any bids in whole or in part; to waive irregularnies 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 Bidde~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. DEFAULT BY COMPANY a. If the company: commits any act of bankruptcy; or if a receiver is appointed on account of its insolvency or in respect of any of its property; or if the company makes a general assignment for the benefit of its credijors; then, in any such case, the Municipality may, without notice: terminate the contract. b. If the company: fails to comply with any request, instruction or order of the Municipality; or fails to pay its accounts; or fails to comply with or persistently disregard statutes, regulations, by-laws or directives of relevant authorities relating to the work; or fails to prosecute the work with skill and diligence; or assigns or sublets the contract or any portion thereof without the Municipality's prior written consent; or refuses to correct defective work; or is otherwise in default in carrying out ijs 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 Municipalijy, as aforesaid, shall be without prejudice to any other rights or remedies the Municipality may have and without incurring any Iiabilijy whatsoever in respect thereto. d. If the Municipality terminates the contract, ij is enmled to: i) take possession of all work in progress, materials and construction equipment then at the project sije (at no addijional 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 Municipalijy). 18. CONTRACT CANCELLATION The Municipality shall have the right, which may be exercised from time to time, to cancel any uncompleted or unperformed portion of the work or part thereof. In the event of such cancellation, the Municipality and the Company may negotiate a settlement. The Municipality shall not be liable to the Company for loss of anticipated profit on the cancelled portion or portions of the work. 19. QUANTITIES Unless otherwise specified herein, quantities are shown as approximate, are not guaranteed to be accurate, are furnished without any liability on behalf of the Municipality and shall be used as a basis for comparison only. Payment will be by the unit complete at the bid price on actual quanmies deemed acceptable by the Municipality. 20. SAMPLES Upon request, samples must be submitted strictly in accordance with instructions. If samples are requested subsequent to opening of bids, they shall be delivered within three (3) working days following such request, unless additional time is granted. Samples must be submitted free of charge and will be retumed at the bidder's expense, upon request, provided they have not been destroyed by tests, or are not required for comparison purposes. The acceptance of samples by the Municipality shall be at its sole discretion and any such I I I I I I I I I I I I I I I I I I I !. . I I I I I I I I . I I I I I I I I 23. 24. acceptance shall in no way be construed to imply relief of the company from its obligations under the contract. Samples submitted must be accompanied by current Material Safety Data Sheets (MSDS) where applicable. 21. SURETY The successful tenderer shall, if the Municipality in its absolute discretion so desires, be required to satisfy surety requirements by providing a deposit in the form of a certified cheque, bank draft or money order or other form of surety, in an amount determined by the Municipality. This surety may be held by the Municipality until 60 days after the day on which all work covered by the contract has been completed and accepted. The surety may be retumed before the 60 days have elapsed providing satisfactory evidence is provided that all liabilities incurred by the company in carrying out the work have expired or have been satisfied and that a Certificate of Clearance from the Workers' Compensation Board has been received. The company shall, if the Municipality in its absolute discretion so desires, be required to satisfy fidelity bonding requirements by providing such bonding in an amount and form determined by the Municipality. Failure to fumish required surety within two weeks from date of request thereof by the Municipality shall make the award of the Contract by the Municipality subject to withdrawal. 22. WORKPLACE SAFETY AND INSURANCE BOARD All of the Company's personnel must be covered by the insurance plan under the Workplace Safety and Insurance Act, 1997. Upon request by the Municipality, an original Letter of Good Standing for the Workplace Safety and Insurance Board shall be provided prior to the commencement of Work indicating all payments by the Company to the Board have been made. Prior to final payment, a Certificate of Clearance must be issued indicating all payments by the Company to the Board in conjunction with the subject Contract have been made and that the Municipality will not be liable to the Board for future payments in connection wijh the Company's fulfilment of the contract. Further Certificates of Clearance or other types of certificates shall be provided upon request. INSURANCE The company shall maintain and pay for Comprehensive General Liability insurance including premises and all operations. This insurance coverage shall be subject to limits of not less than $2,000,000.00 inclusive per occurrence for third party Bodily Injury and Property Damage or such other coverage or amount as may be requested. The policy shall include the Municipality as an additional insured in respect of all operations performed by or on behalf of the Company. A certified copy of such policy or certificate shall be provided to the respective participant prior to commencement of the work. Further certified copies shall be provided upon request. LIABILITY The company agrees to defend, fully indemnify and save harmless the Municipality from all actions, suits, claims, demands, losses, costs, charges and expenses whatsoever for all damage or injury including death to any person and all damage to any property which may arise directly or indirectly by reason of a requirement of the contract, save and except for damage caused by the negligence of the Municipality or ijs employees. The Company agrees to defend, fully indemnify and save harmless the Municipality from any and all charges, fines, penalties and costs that may be incurred or paid by the Municipality if the Municipality or any of its employees shall be made a party to any charge under the Occupational Health and Safety Act in relation to any violation of the Act arising out of this contract. 25. ViSITING THE SITE The Company shall carefully examine the site and existing buiiding and services affecting the proper execution of the work, and obtain a clear and comprehensive knowledge of the existing conditions. No claim for extra payment will be allowed for work or difficulties encountered due to conditions of the site which were visible or reasonably inferable, prior to the date of submission of Tenders. Bidders shall accept sole responsibility for any error or neglect on their part in this respect. 26. SAFETY The Company shall obey all Federal, Provincial and Municipal Laws, Act, Ordinances, Regulations, Orders-in-Council and By-laws, which could in any way pertain to the work outlined in the Contract or to the Employees of the Company. Without limiting the generality of the foregoing, the Company shall satisfy all statutory requirements imposed by the Occupational Health and Safety Act and Regulations made thereunder, on a contractor, a Constructor and/or Employer wnh 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 goveming regulations including those established by the Municipality relating to employee health and safety. The Company shall keep employees and subcontractors informed of such regulations. The Company shall provide Material Safety Data Sheets (MSDS) to the Municipality for any supplied Hazardous Materials. 27. UNPAID ACCOUNTS The company shall indemnify the Municipality from all claims arising out of unpaid accounts relating to the work. The Municipality shall have the right at any time to require satisfactory evidence that the work in respect of which any payment has been made or is to be made by the Municipality is free and clear of liens, attachments, claims, demands, charges or other encumbrances. 28. SUSPENSION OF WORK The Municipality may, without invalidating the contract, suspend performance by the company from time to time of any part or all of the work for such reasonable period of time as the Municipality may determine. The resumption and completion of work after the suspension shall be governed by the schedule established by the Municipality. 29. CHANGES IN THE WORK The Municipality may, wnhout 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 unn prices to the quantum of such increase or decrease, or in the absence of applicable unn 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 Municipalny. I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 30. CONFLICT OF INTEREST No employee or member of Council of the Municipality shall sell goods or services to the Municipality in accordance with the Municipality of Clarington Policy or have a direct or indirect interest in a Company or own a Company which sells goods or services to the Municipality. II I I I I I I I I I I I I I I I I I I P/29402lSpecsl2IOS7-IT .doc CORPORATION OF THE MUNICIPALITY OF CLARINGTON CONTRACT NO. CL2005-21 INSTRUCTIONS TO TENDERERS I I I I CLAUSE I 1. 2. I 3. 4. I 5. 6. I 7. 8. I 9. 10. 11. I 12. 13. I 14. 15. I 16. 17. I 18. 19. I I I I I I INDEX INSTRUCTIONS TO TENDERERS CONTRACT NO. CL200S-21 SUBJECT PAGE GENERAL ........................................................................................................... 1 BLANK FORM OF TENDER ....................................................................................1 TENDER DEPOSITS........................................................ ....................................... 1 BONDS..................................... ........................................................................... 2 RIGHT TO ACCEPT OR REJECT TENDERS ............................................................... 2 UNACCEPTABLE TENDERS.......................... ........................... ..............................2 ABILITY AND EXPERIENCE OF TENDERER............................................................. 2 PROVINCIAL SALES TAX...................................................................................... 2 GOODS AND SERVICES TAX (GST) ........................................................................ 3 EXECUTE CONTRACT DOCUMENTS..................... ..................................................3 COMMENCEMENT OF WORK ................................................................................3 LOCATION...................... .................................................................................... 3 SOILS INFORMATION AND CROSS-SECTIONS .......................................................... 3 TENDERERS TO INVESTIGATE ................................................................. .............4 INQUIRIES DURING TENDERING. .............................. ....... ......................................4 DEFINITION OF OWNER/AUTHORITY AND ENGINEER/CONTRACT ADMINISTRATOR.. 4 ADDENDA.. ...................................... ................................................................... 4 UTILITIES.................................................. .........................................................4 TENDER OPENING MEETING................................................................................. 5 I I I I I I I I I I I I I I I I I I I PAGE ONE INSTRUCTIONS TO TENDERERS CONTRACT NO. CL2005-21 1. GENERAL SEALED Tenders plainly marked "Contract No. CL2005-21 " will be received until: 2:00:00 p.m., LOCAL TIME, FRIDAY, JULY 29,2005 and shall be addressed to: Mrs. Patti Barrie, Clerk The Municipality of Clarington Municipal Building, 40 Temperance Street BOWMANVILLE, Ontario. LlC 3A6 2. .... BLA.JIlK FORM OF TENDER One copy of the Tender, on the forms provided, shall be submined. All information requested shall be shown in the tender, in the space provided. 3. TENDER DEPOSITS All tenders shall be accompanied by a certified cheque or a bid bond in the minimum amount defined below, made payable to the Authority, as a guarantee for the execution of the Contract. Total Tender Amount Minimum Deposit Required $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 Documents. The retained tender deposits will be returned when the successful Tenderer has fully complied with the conditions outlined in the Contract Documents. I I I I I I I I I I I I I I I I I I I INSTRUCTIONS TO TENDERERS CONTRACT NO. CL2005-21 2. 4. BONDS The Contractor is required to provide a Performance Bond, and a Labour and Material Payment Bond, each in an amount equal to 100 percent of the Total Tender Amount, to guarantee his faithful performance of this Contract and his fulfillment of all obligations in respect of maintenance and payment for labour and materials used on this work. Each Bond shall be with a satisfactory Guarantee Surety Company, resident in Canada or authorized to carry on business in Canada. An Agreement to Bond must be submitted with the tender bid. Bonding company standard "Agreement to Bond" forms are acceptable. 5. RIGHT TO ACCEPT OR REJECT TENDERS The Authority reserves the right to reject any or all tenders or to accept any tender should it be deemed to be in its best interest to do so. Tenders which are incomplete, conditional or obscure, or which contain additions not called for, erasures, alterations, or irregularities of any kind, may be rejected as informal. Tenders will not be accepted unless submitted in the envelopes provided. 6. UNACCEPTABLE TENDERS Each item in the Tender Form shall include a reasonable price for such item. Under no circumstances will an unbalanced tender be considered. The Authority and the Contract Administrator will be the sole judge of such matters, and should any tender be considered to be unbalanced, then it will be rejected by the Authority. 7. ABILITY AND EXPERIENCE OF TENDERER The Authority reserves the right to reject any tender where satisfactory evidence of sufficient capital, plant and experience to successfully prosecute and complete the work in the specified time, is not furnished by the Tenderer. 8. PROVINCIAL SALES TAX Provincial Retail Sales Tax shall be included in tendered prices for material supplied under this Contract. I I I I I I I I I I I I I I I I I I I INSTRUCTIONS TO TENDERERS CONTRACT NO. CL2005-21 3. 9. GOODS AND SERVICES TAX (GST) The Tenderer shall NOT include any amount in his tender unit prices for the Goods and Services Tax. The GST will be shown on each payment certificate and will be paid to the Contractor in addition to the amount certified for payment and will therefore not affect the Contract unit prices. 10. EXECUTE CONTRACT DOCUMENTS Tenders shall be open for acceptance for a period of 30 days after the closing date. After this time the tender may only be accepted with the consent of the successful Tenderer. The successful Tenderer shall execute the Contract Documents and furnish the required bonds within 10 calendar days of receipt of notification of Acceptance of Tender. Failure by the successful Tenderer to meet the above requirements will entitle the Authority to cancel the award of the Contract and to retain the tender deposit as compensation for damages sustained due to the successful Tenderer's default. The Authority may then award the Contract to one of the other Tenderers or take such other action as it chooses. 11. COMMENCEMENT OF WORK The successful Tenderer shall commence work at the site within 7 calendar days of the official commencement date as specified in the written order issued in accordance with GC7. 0 1.02 of the General Conditions. 12. LOCATION The work is located as follows: Part A - Concession Road 4 between Bethesda Road and Mearns A venue, Bowmanville Part B - Driveway to House No. 192 Old Varcoe Road, Courtice Part C - Mearns A venue north of Concession Road 3, Bowmanville (a key map is provided at the rear of the tender document showing all three locations) 13. SOILS INFORMATION AND CROSS-SECTIONS A geotechnical investigation has been undertaken on behalf of the Authority. The results pro- vided are for information only and are not guaranteed by the Authority. A copy of the Geo- technical Report is included with the Tender Documems as listed in the .Schedule of Tender Data" . No design cross-sections have been prepared for this Contract. I I I I I I I I I I I I I I I I I I I INSTRUCTIONS TO TENDERERS CONTRACT NO. CL2005-21 4. 14. TENDERERS TO INVESTIGATE Tenderers must satisfy themselves by personal examination of the site and by such other means as they may prefer as to the actual conditions and requirements of the work. The Tenderer shall carefully examine all plans and profiles so that the unit prices tendered are commensurate with the nature of the work. It shall be the Contractor's responsibility to thorougWy inspect the site of the proposed works, determine the location of any buried or obstructing services and make satisfactory arrangements for interference with such service with the proper jurisdictional agency. 15. INQUIRIES DURING TENDERING The Tenderer is advised that inquiries regarding the interpretation of the plans or specifications, shall be directed to the Contract Administrator, TSH, Telephone: (905) 372-2121, attention: or Ron Albright, P. Eng. 16. DEFINITION OF OWNER/AUTHORITY AND ENGINEER/CONTRACT ADMINISTRATOR Wherever the word "Owner" or "Authority" or "Corporation" appears in this Contract, it shall be interpreted as meaning the .Corporation of the Municipality of Clarington>> . Wherever the word "Ministry". "M. T. C." or "M. T .0" appears it shall be deemed to mean the "Ministry of Transportation, Ontario" or the "Corporation of the Municipality of Clarington.>> Wherever the word "Contract Administrator" or "Engineer" appears in this Contract it shall be deemed to mean the Consultants, Totten Sims Hubicki Associates, or such other officers, as may be authorized by the Authority to act in any particular capacity. 17. ADDENDA The Contractor shall ensure that all addenda issued during the tendering period are attached as part of the submitted bid. Failure to do so will result in disqualification of the bid. 18. UTILITIES For additional information regarding existing utilities the Contractor may contact the following personnel: I I I I I I I I I I I I I I I I I I I INSTRUCTIONS TO TENDERERS CONTRACT NO. CL2005-21 5. Veridian Connections Mr. Peter Petriw, P. Eng. 2849 Hwy. No.2 BOWMANVILLE, Ontario. LlC 3K5 Telephone: (888) 420-0070 Enbridge Consumers Gas Mr. Frank Cholewa 500 Elgin Mills Road RICHMOND HILL, Ontario. L4C 5GI Telephone: 1-800-361-0621 Ex!. 2672 Bell Canada Kimberly MacLellan, Coordinator Access Network FIr. 2N, 55 Ms. Telephone: (905) 433-3034 Alhol S!. E. OSHAWA, Ontario. LlH U8 Telephone: (905) 433-3034 Rogers Cable T. V. Limited Ms. Cindy Ward 301 Marwood Drive OSHAWA, Ontario. LlH U4 Telephone: (905) 579-1601 Hydro One Mr. Jim Hisson or Mr. Scott Goodhand Hydro One Networks Inc. - Bowmanville Service Centre 913 Crawford Drive Peterborough, Ontario K9J 3Xl Telephone: (905) 623-1071 Ex!. (3335) or Ex!. (3318) 19. TENDER OPENING MEETING The tender opening meeting is scheduled to take place at 2:15:00 P.M. after the closing time and date in Meeting Room No.1, Main Floor, 40 Temperance Street, Bowmanville, Ontario and interested bidders are invited to attend. I I I I I I I I I I I I I I I I I I I P1294021Spccsl2lOj9-SPG,doc CORPORATION OF THE MUNICIPALITY OF CLARINGTON CONTRACT NO. CL200S-21 SPECIAL PROVISIONS - GENERAL I I I ! I 1. 2. 3. I 4. 5. I 6. 7. I 8. 9. I 10. Il. I 12. 13. I 14. 15. I 16. 17. 18. I 19. 20. t 21. 22. I 23. 24. I I I I I INDEX SPECIAL PROVISIONS-GENERAL CONTRACT NO. CL2005-21 GUARANTEED MAINTENANCE............................................................................I CONTRACT TIME AND LIQUIDATED DAMAGES ....................................................1 CONTRACTOR'S AUTHORIZED REPRESENT A TIVE.................................................2 OPS GENERAL CONDITIONS................................................................................2 LAYOUT ........................................................................... .............. ..................2 RESTRICTIONS ON OPEN BURNING......................................................................2 PAyMENTS...................... ............. ....................................................................3 UTILITIES......................................................................................................... 3 HAUL ROADS.................................. ......... ............................ ..... ........................4 DUST CONTROL............... .................. ...............................................................4 TRAFFIC CONTROL, FLAGGING................... ............................ .................. .........4 CONTRACTOR'S SUPPLY OF CONSTRUCTION SIGNS..............................................4 MAINTENANCE OF TRAFFIC................. ............................ ..................................5 EMERGENCY AND MAINTENANCE MEASURES .....................................................6 ENGINEERING FIELD OFFICE............................ ..................................................6 MANAGEMENT AND DISPOSAL OF EXCESS MATERIAL .........................................6 WORKPLACE HAZARDOUS MATERIAL INFORMATION SYSTEM (WHMIS) ................7 SPILLS REPORTING............................................................................................ 7 PROTECTION OF WATER QUALITY ...................................................................... 7 DELIVERY OF TEST SAMPLES .............................................................................8 ENTRY ONTO PRIVATE PROPERTY ......................................................................8 STORAGE AREAS....... ........................................................................................8 CONSTRUCTION LIEN ACT ....................................... ........................... ........... ....9 PROPERTY OWNER'S RELEASE OF PRIVATELY OWNED LAND USED BY THE CONTRACTOR......................................................................... ........................ 10 SCHEDULE (C) CONTRACTOR SAFETY - POLICY AND PROCEDURE I I I I I I I I I I I I I I I I I I I PAGE ONE SPECIAL PROVISIONS - GENERAL CONTRACT NO. CL2005-21 1. GUARANTEED MAINTENANCE Section GC7.15.02 of the General Conditions is revised in that the Contractor shall guarantee and maintain the entire work called for under this Contract for a period of twenty-four (24) months. The Contractor shall make good in a permanent manner. satisfactory to the Authority, any and all defects or deficiencies in the work. both during the construction and during the period of maintenance as aforesaid. The Contractor shall commence repairs on any work identified as defective under this clause within 48 hours of receipt of notice from the Authority or the Contract Administrator. The decision of the Authority and the Contract Adntinistrator shall be final as to the necessity for repairs or for any work to be done under this Section. 2. CONTRACT TIME AND LIQUIDATED DAMAGES (1) Time Time shall be the essence of this Contract. For purposes of this Contract, 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 defmed in GC 1. 06 of the General Conditions on or before October 31, 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 therefore. (3) Liquidated Damages It is agreed by the parties to the contract that in case all the work called for under the contract is not completed by the date specified, or as extended in accordance with Section GC3.07 of the General Conditions, a loss or damage will be sustained by the Authority. Since it is and will be impracticable and extremely difficult to ascertain and determine the actual loss or damage which the Authority will suffer in the event of and by reason of such delay, the parties hereto agree that the Contractor will pay to the Authority the sum of FIVE SPECIAL PROVISIONS - GENERAL CONTRACT NO. CL200S-21 2. I I I I I I I I I I I I I I I ,I I I I HUNDRED DOLLARS ($500.00) as liquidated damages for each and every calendar day's delay in achieving completion of the work beyond the date prescribed. It is agreed that this amount is an estimate of the actual loss or damage to the Authority which will accrue during the period in excess of the prescribed date for completion. The Authority may deduct any amount under this paragraph from any moneys that may be due or payable to the Contractor on any account whatsoever. The liquidated damages payable under this paragraph are in addition to and without prejudice to any other remedy, action or other alternative that may be available to the Authority. 3. CONTRACTOR'S AUTHORIZED REPRESENTATIVE Authorized representative as referenced in GC7 .01.09 is defined as an employee of the Contractor. 4. OPS GENERAL CONDIDONS Wherever in this Contract reference is made to the General Conditions, it shall be interpreted as meaning the 0 PS General Conditions of Contract, September 1999. 5. LAYOUT Section GC7.02. Layout, is hereby revised by the deletion of Parts 03), 04), 05), and 06), and by the addition of the following: The Contract Administrator shall lay out and establish the primary alignment and grade controls necessary for construction. The Contractor shall provide the Contract Administrator with sufficient advance notice of his requirements to permit appropriate scheduling of the layout work. The layout performed by the Contract Administrator shall be sufficient to permit construction of the work by the Contractor in compliance with the Contract Documents, but shall not relieve the Contractor of his responsibility for the provision of qualified personnel and normal tools of the trade, as necessary for the transfer or setting of the secondary lines and grades from the primary controls provided. Tools of the trade are interpreted to include but not necessarily be limited to hand and line levels, boning rods, tape measures, lasers, etc. 6. RESTRICTIONS ON OPEN BURNING Open fires will not be permitted within the limits of this Contract. Brush and debris may as an alternative to burning, be disposed of outside the Contract Limits and in compliance with the requirements specified elsewhere for Management and Disposal of Excess Material. I I I I I I I I I I I I I I I I I I I SPECIAL PROVISIONS - GENERAL CONTRACT NO. CL2005-21 3. 7. PAYMENTS Except as herein provided, payments under this Contract will be made in accordance with Section GC8.02.03 of the General Conditions. Notwithstanding the provisions of the General Conditions respecting certification and payment, the Authority may withhold 2-1/2 percent of the total value of work performed beyond the expiration of 46 days from the date of publication of the Certificate of Substantial Performance, to enable the Contract Administrator to produce the final detailed statement of the value of all work done and material furnished under the Contract. As a condition of holdback reduction from 10 % to 2-1/2%, the Contractor shall supply a Statutory Declaration as defined in GC8.02.03.07 03)(b) and advertise the Certificate of Substantial Performance per GC8.02.03.04(03). The Completion Payment Certificate to include statutory holdback release, will be issued within 120 days after the date for completion as specified under GCl.06. The date for interest due to late payment shall commence following 180 days after the date of completion of the work. As a condition of the final holdback payment, the Contractor shall provide the required Property Owner's Releases as specified elsewhere, as appropriate. The Contractor shall include in his price for the publication of the Certificate of Substantial Performance. Publication is mandatory whether Contractor requests Substantial Performance or not. The Contractor is advised that the Authority may withhold payment on Interim and Holdback Release Certificates up to 30 calendar days from the date of receipt of the executed Payment Certificates. 8. UTILITIES Sections GC2.01 and GC7.12 02) of the General Conditions are deleted in their entirety and are replaced by the following: The Contractor shall be responsible for the protection of all utilities at the job site during the time of construction. The Authority will be responsible for the relocation of utilities where required. However, no claims will be considered which are based on delays or inconvenience resulting from the relocation not being completed before the start of this Contract. The location and depth of underground utilities shown on the Contract drawings, are based on the investigations made by the Authority. It is, however, the Contractor's responsibility to contact the appropriate agencies for further information in regard to the exact location of all utilities, to exercise the necessary care in construction operations and to take such other precautions as are necessary to safeguard the utilities from damage. SPECIAL PROVISIONS - GENERAL CONTRACT NO. CL2005-2I 4. 9. HAUL ROADS When so required by the Contract Administrator, payment for maintenance and restoration of haul roads will be made for the materials provided and the work performed as specified, at tender prices, or at negotiated prices. 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. TRAFFIC CONTROL, FLAGGING Flagging for traffic control on this Contract shall be in conformance with the procedure outlined in OTM Book 7 (Ontario Traffic Manual). Each flagman shall, while controlling traffic, wear the following: (i) an approved fluorescent blaze orange or fluorescent red safety vest, and (ii) an approved fluorescent blaze orange or fluorescent red armband on each arm, and (iii) an approved fluorescent blaze orange or fluorescent red hat. 12. CONTRACTOR'S SUPPLY OF CONSTRUCTION SIGNS In accordance with Section GC7.06 of the General Conditions, the Contractor is responsible for the supply, erection, maintenance and subsequent removal of all temporary traffic controls, including signs, lights, barricades, delineators, cones, etc., required on the work. I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I SPECIAL PROVISIONS - GENERAL CONTRACTNO.CL~5~1 5. Traffic controls shall be provided in general accordance with the latest edition of the "OTM Book 7". As a minimum requirement and without restricting the Contract Administrator or the Authority in requiring further controls, the following signs shall be supplied: Sign Sign Message Number Number Required TC-l CONSTRUCTION 4 TC-41A CONSTRUCTION ZONE BEGINS 4 TC-41B CONSTRUCTION ZONE ENDS 4 Traffic controls shall be operational before work affecting traffic begins. 13. MAINTENANCE OF TRAFFIC The following traffic maintenance arrangements shall be in effect during work on this Contract. As Part 'A' of this Contract will require a road closure on Concession Road 4, between Mearns A venue and Bethesda Road, the Contractor will be required to post "Road Closed" signs stating the start date of the road closure and the duration of the closure. These signs shall be placed at 4 locations: 1. On the east side of Lambs Road immediately north of Concession Road 3 (facing northbound traffic); 2. On the south side of Concession Road 4 immediately east of Liberty Street (Regional Road 14) (facing eastbound traffic); 3. On the north side of Concession Road 4 immediately west of Bethesda Road (facing westbound traffic); 4. On the west side of Bethesda Road immediately south of Taunton Road (Regional Road 4) (facing southbound traffic). The Contractor must also publish a road closure notice, approved by the Municipality, in the local paper a minimum of 2 weeks prior to closure of the road. Detour signage may be required and will be reviewed prior to the road closure. Part 'B' may require the driveway to house No. 192 Old Varcoe Road to be closed for a limited time to allow construction of the Dura-Hold wall. The Contractor shall make necessary arrangements to allow the land owners to access their property during construction. Part 'C' will not require a road closure but may require lane reductions to complete portions of the work. During periods of lane reductions the Contractor must comply with the requirements of OTM Book 7. SPECIAL PROVISIONS - GENERAL CONTRACT NO. CL2005-21 6. It is understood that implementation of traffic controls will require ongoing review and adjustment to suit construction operations. No deviation from the above procedure will be allowed except with the approval of the Engineer. Notwithstanding the preceding, the Contractor shall at all times maintain the roadway surface within the contract limits in a condition satisfactory to the Engineer and such that any emergency vehicles may have immediate access to any building located within the limits of this Contract. The Contractor shall be responsible for all signing at the contract limits and within the contract limits. The Contractor shall ensure the signing is properly maintained while in use. It shall be the Contractor's responsibility to directly notify Police, Fire, Hospital and Ambulance services of road closures at least 24 hours in advance of such closures and to notify these same authorities when such closures are no longer in effect. 14. EMERGENCY AND MAiNTENANCE MEASURES Whenever the construction site is unattended by the general superintendent. the name, address and telephone number of a responsible official of the contracting firm, shall be given to the Contract Administrator. This official shall be available at all times and have the necessary authority to mobilize workmen and machinery and to take any action as directed by the Contract Administrator in case emergency or maintenance measures are required regardless whether the emergency or requirement for maintenance was caused by the Contractor's negligence, act of God, or any cause whatsoever. Should the Contractor be unable to carry out immediate remedial measures required, the Authority will carry out the necessary repairs, the costs for which shall be charged to the Contractor. 15. ENGINEERlNG FIELD OFFICE A separate field office for the Contract Administrator will not be required on this Contract. The Contractor shall, however, permit the Contract Administrator to make use of his office accommodation and other facilities as required, and at no extra cost to the Authority. 16. MANAGEMENT AND DISPOSAL OF EXCESS MATERIAL The requirements of OPSS 180 shall apply to this Contract, revised as follows: .1 Section 180.03, Definitions, shall be amended by the addition of the following: Work area: means the road allowance, right-of-way, and property with a boundary common to the road allowance or right-of-way within the Contract limits. .2 Subsection 180.07.02, Conditions on Management by Re-Use, shall be amended by the addition of the following: I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I SPECIAL PROVISIONS - GENERAL CONTRACT NO. CL2005-21 7. 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. 17. WORKPLACE HAZARDOUS MATERIAL INFORMATION SYSTEM (WHMlS) Reporting Section GC4. 03.06 is deleted and replaced with the following: Prior to the commencement of work the Contractor shall provide, to the Contract Administrator, a list of those products controlled under WHMIS which he expects to use on this Contract. Related Material Safety Data Sheets shall accompany the submission. All containers used in the application of products controlled under WHMIS shall be labeled. The Contractor shall notify the Contract Administrator of changes to the list in writing and provide the relevant Material Safety Data Sheets. 18. SPILLS REPORTING Spills or discharges of pollutants or contaminants under the control of the Contractor, and spills or discharges of pollutants or contaminants that are a result of the Contractor's operations that cause or are likely to cause adverse effects shall forthwith be reported to the Contract Administrator. Such spills or discharges and their adverse effects shall be as defined in the Environmental Protection Act R.S.O. 1980. All spills or discharges of liquid, other than accumulated rain water, from luminaires, internally illuminated signs, lamps, and liquid type transformers under the control of the Contractor, and all spills or discharges from this equipment that are a result of the Contractor's operations shall, unless otherwise indicated in the Contract, be assumed to contain PCB' s and shall forthwith be reported to the Contract Administrator. This reporting will not relieve the Contractor of his legislated responsibilities regarding such spills or discharges. 19. 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 SPECIAL PROVISIONS - GENERAL CONTRACT NO. CL2005-21 8. I I I I I I I I I I I I I I I I I I I directly into watercourses but shall be diffused onto vegetative areas a minimum of 30 metres from the watercourse. Where this measure is not sufficient or feasible to control sediment entering the watercourses, sedimentation traps or geotextile coverage will be required. If dewatering is required, the water shall be pumped into a sedimentation pond or diffused onto vegetated areas a minimum of 30 metres from the watercourses and not pumped directly into the watercourses. No machinery shall enter the creek bed of any watercourse. Movement of construction equipment in the vicinity of any creeks shall be limited to the minimum required for construction. The Contractor shall not carry out equipment maintenance or refuelling or store fuel containers within 100 metres of any watercourse. The Contractor shall not stockpile construction debris or empty fuel/pesticide containers within the Contract limits. 20. DELIVERY OF TEST SAMPLES The Contractor shall include in !tis tender prices for the cost of delivery of asphalt, concrete and granular samples to a designated testing laboratory. For this contract the designated testing laboratory is at 100 Scotia Court, Whitby, Ontario. 21. 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. 22. STORAGE AREAS Clause GC3.06.01 of the General Conditions of Contract is amended by the addition of the following: The use of the road right-of-way as a long term storage area is not allowed under this Contract. The storage of materials and movement of equipment will only be allowed for normally accepted construction practices. I I I I I I I I I I I I I I I I I I I I SPECIAL PROVISIONS - GENERAL CONTRACT NO. CL2005-2I 9. 23. CONSTRUCTION LIEN ACT The Contractor shall give the Authority notice in writing, immediately, of all lien claims or potential lien claims coming to the knowledge of the Contractor or his agents. When a claim for lien is filed by a Subcontractor, labour or material supplier or equipment renter acting under the Contractor, and proceedings are commenced by the Authority to vacate the lien, the Contractor agrees and shall forthwith pay to the Authority, in addition to their reasonable legal fees therefore, all interest costs and expenses incurred by the Authority and an additional sum equal to ten percent (10 %) of the sum found to be owing as liquidated damages, and such remedy shall be in addition to any other remedy available to the Authority under the Contract Documents. Where any lien claimant asks from the Authority the production for inspection of the Contract Documents or the state of the accounts between the Authority and the Contractor, the Contractor shall be liable for an administration fee of Two Hundred Dollars ($200.00) for each request made as compensation for the preparation of such accounting or for the preparation of the Contract, or both, as the case may be, and the Contractor acknowledges that such administrative fee shall be properly deductible, if the Authority should so choose, from monies otherwise payable to the Contractor under the terms of the Contract Documents. Where an application is brought to a judge of a competent jurisdiction to compel production of any particular document to a lien claimant, the Contractor further agrees to indemnify the Authority from reasonable legal fees incurred in appearing on such an application and in addition agrees to pay to the Authority its reasonable costs incurred in producing such documents to the extent that the same is made necessary under the disposition of the matter by such judge, and the Contractor further agrees that such reasonable costs and fees incurred by the Authority as stated herein may be properly deductible from monies otherwise payable to the Contractor under the terms of the Contract Documents. SPECIAL PROVISIONS - GENERAL CONTRACT NO. CL2005-21 10. I I I I I I, I I I I I I I I I I I I I 24. PROPERTY OWNER'S RELEASE OF PRIV A TEL Y OWNED LAND USED BY THE CONTRACTOR Upon completion of the Contract, the Contractor shall provide the Authority with two (2) copies of a form of release signed by each property owner, upon whose land he has entered for purposes associated with the Contractor's operations but not for the purpose of undertaking works stipulated in the Contract: Date ....................... To: Mr. A..S. Cannella, C.E.T. Director, Engineering Services 40 Temperance Street BOWMANVILLE, Ontario. LlA 3A6 Re: Contract No. CL2005-21 Dear Sir: I hereby certify that (Name of Contractor) have fulfilled the terms of our agreement and have left my property in a satisfactory condition. I have accepted their final payment and release (Name of Contractor) and the Corporation of the Municipality of Clarington from further obligations. Yours very truly, Signature Property Owner's Name........................... . Lot. .... . Concession. ......... Municipality of ........................................ (Please complete above in printing) Final payment will not be released to the Contractor until all the applicable forms of release have been signed by the property owners and received by the Authority. I I I I I I I I I I I I I I I I I I I SCHEDULE (C) CONTRACTOR SAFETY POLICY AND PROCEDURE POLICY: Contractors and Sub-contractors are responsible to ensure that their personnel are updated on all safety concerns of the workplace and are aware of the safety requirements as required by the Contractor under the Occupational Health and Safety Act. Safety performance will be a consideration in the awarding of contract. Under the Occupational Health and Safety Act (Section 23 (1), (2)), it is the constructor's responsibility to ensure that: . the measures and procedures prescribed by the Occupational Health and Safety Act and the Regulations are carried out on the proiect; . every employer and every worker performing work on the proiect complies with the Occupational Health and Safety Act and the Regulations (under the Act); and . the health and safety of workers on the proiect is protected. . Where so prescribed, a constructor shall, before commencing any work on a project, give to a Director notice in writing of the project containing such information as may be prescribed. DEFINITIONS: Contractor - any individual or firm engaged by the Municipality to do work on behalf of the Municipality. Project - means a construction project, whether public or private, including, . the construction of a building, bridge, structure, industrial establishment, mining plant, shaft tunnel, caisson, trench, excavation, highway, railway, street, runway, parking lot, cofferdam, conduit, sewer, watermain, service connection, telegraph, telephone or electrical cable, pipe line, duct or well, or any combination thereof, . the moving of a building or structure, and . any work or undertaking, or any lands or appurtenances used in connection with construction. Construction - includes erection, alteration, repair, dismantling, demolition, structural maintenance, painting, land clearing, earth moving, grading, excavating, trenching, digging, boring, drilling, blasting, or concreting, the installation of any machinery or plant. and any work or undertaking in connection with a project. SCHEDULE(C CONTRACTOR SAFETY POLICY AND PROCEDURE Continued... Constructor _ means a person who undertakes a project for an owner and includes an owner who undertakes all or part of a project by himself or by more than one employer. Project Manager - means the municipal management representative who has responsibility for a contract. PROCEDURE: The following items are required before any Contractors are hired by the Municipality. a) Before beginning a project, the project manager or delegate must determine whether any designated substances/hazardous materials are (or will be) present at the site and prepare a list of all these substances. b) The project manager or delegate must include, as part of the request for tender/quotations, a copy of the above-mentioned list. The list of designated substances/hazardous materials must be provided to all prospective constructors and/or contractors. c) The request for tender/quotations will require prospective contractors to include a list of the designated substances/hazardous materials that will be brought onto the work site and material safety data sheets. d) Before awarding a contract, contractor(s) will be required to complete and sign the Health and Safety Practice Form (Schedule "A"). The Purchasing Office will maintain all contractors safety performance records. e) As part of the tender/quotation conditions, before award of a contract, the contractor will be required to provide proof that all workers involved with the project have the proper WHMIS training, as required by the Occupational Health and Safety Act. f) As part of the tender/quotation conditions, before award of a contract, the contractor must provide details of their Health and Safety program. g) The project manager or delegate must provide the successful contractor with a workplace orientation. which will include, but not limited to identifying known potential hazards. hazardous material inventory and material safety data sheets for the sites. A workplace orientation/Job Safety Instruction Checklist to be completed (see Compliance page 9). h) Before the start of the assignment. the following documentation will be provided to the successful contractor, by the project manager or delegate. i) Copies of the Municipal Corporate Health and Safety Program ii) Departmental health and safety policies iii) Workplace procedures regarding health and safety practices. I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I SCHEDULE (C) CONTRACTOR SAFETY POLICY AND PROCEDURE Continued... i) The contractor has the responsibility to provide any and all prescribed personal protective equipment for their own workers, to include as a minimum but not limited to hard hats and safety boots. If a worker(s) fails to comply with any program, policy, rule or request regarding health and safety, that person(s) is not allowed on the site until the person(s) complies. j) The Municipality will retain the right to document contractors for all health and safety warnings and/or to stop any contractors' work if any of the previously mentioned items are not in compliance. Similarly, the Municipality will have the right to issue warnings and/or to stop work if there are any violations by the contractor of the Occupational Health and Safety Act, Municipal Health and Safety programs, policies, rules, and/or if the contractor creates an unacceptable health and safety hazard. Written warnings and/or stop work orders can be given to contractors using Contractor Health and Safety Warning/Stop Work Order Form (Schedule "B"). k) Where applicable, the Municipality will retain the right to allow municipal employees to refuse to work in accordance with the established policy and the Occupational Health and Safety Act, in any unsafe conditions. I) The Purchasing Department will maintain current certificates of clearance until all monies owing have been paid to the contractor. m) Responsibility for ensuring contractor compliance to this policy falls upon the project manager or designate. This will include identification, evaluation and control practices and procedures for hazards and follow-up and issuing of Contractor Health and Safety Waming/Stop Work Orders. SCHEDULE (C) CONTRACTOR SAFETY POLICY AND PROCEDURE Continued... HEALTH AND SAFETY PRACTICE FORM To Contractor(s): The Municipality of Clarington is committed to a healthy and safe working environment for all workers. To ensure the Municipal workplace is a healthy and safe working environment, contractors, constructors and subcontractors must have knowledge of and operate in compliance with the Occupational Health and Safety Act and any other legislation pertaining to employee health and safety. In order to evaluate your company's health and safety experience, please provide the accident/incident and/or Workplace Safety and Insurance Board (WSIB) information noted below, where applicable. . The New Experimental Experience Rating (NEER) _ The WSIB experience rating system for non-construction rate groups ............................................................................................. . The Council Amended Draft #7 (CAD-7) Rating _ The WSIB experience rating system for construction rate groups ............................................................................................. . Injury frequency performance for the last two years _ This may be available from the contractor's trade association ............................................................................................. . Has the contractor received any Ministry of Labour warnings or orders in the last two years? (If the answer is yes, please include the infraction). . Confirmation of Independent Operator Status _ The WSIB independent operator number assigned: (Bidders to include the letter confirming this status and number from WSIB with their bid submission.) I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I SCHEDULE (C) CONTRACTOR SAFETY POLlCY AND PROCEDURE Continued... CONTRACTOR'S STATEMENT OF RESPONSIBILITY As a contractor working for the Municipality of Clarington, I/we will comply with all procedures and requirements of the Occupational Health and Safety Act. Municipal safety policies. department and site specific policies and procedures and other applicable legislation or regulations, l!we will work safely with skill and care so as to prevent an accidental injury to ourselves, fellow employees and members of the public. 1, The contractor/successful tenderer certifies that it. its employees, its subcontractors and their employees, a) are aware of their respective duties and obligations und~:ih,e': '. , Occupational Health and Safety Act. as amended from..tirne to tii'Re; and all Regulations thereunder (the "Acf'); and :,' -- __.:.: b) ~ ~."-:~ . . have sufficient knowledge and training to perform all''!JiIttersie@ired , pursuant to this contract/tender safely and in complia~with tile Act' , . . . 2. In the performance of all matters required pursuant to this contract/tender, the contractor/successful tenderer shall, a) act safely and comply in all respects to the Act, and b) ensure that its employees, it subcontractors and their employees act safely and complying all respects with the Act. 3, The contractor/successful tenderer shall rectify any unsafe act or practice and any non--compliance with the Act at its expense immediately upon being notified by any person of the existence of such act, practice or non-compliance. 4. The contractor/successful tenderer shall permit representatives of the Municipality and the Health and Safety Committee on site at any time or times for the purpose of inspection to determine compliance with this contractor/tender. 5. No act or omission by any representative of the Municipality shall be deemed to be an assumption of any of the duties or obligations of the contractor/successful tenderer or any of its subcontractors under the Act. 6. The contractor/successful tenderer shall indemnify and save harmless the Municipality, a) from any Joss, 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 contractltender, 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. ".---/ ?~~.2 2.~~.~;..'p~.t?2!..~s:n~.(:-:-.....i.I~.~...,..... ... ..~~.17:~!.... ..H'1.~~.~~... Cont7t~ ~ } f\ \ _ Name of Person Signing for Contractor ~~f!:...V..:.....................................A.C!.~...../(i/0..... Signature ofG-ontractor Date I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I r SCHEDULE (C) CONTRACTOR SAFETY POLICY AND PROCEDURE Continued... Schedule "B" CONTRACTOR HEALTH AND SAFETY WARNING/STOP WORK ORDER The purpose of this form is to: (Issuer to check one of the following) Provide warning to the contractor to immediately discontinue the unsafe work practice described below Direct the contractor to immediately cease all work being performed under this contract due to the unsafe work practice described below. FAILURE TO COMPLY WITH THIS WARNING/STOP WORK ORDER SHALL CONSTITUTE A BREACH OF CONTRACT. PART "A" - DETAILS OF CONTRACT CONTRACT/P.O. # DESCRIPTION: NAME OF FIRM: PART "B" - DETAILS OF INFRACTION (TO BE COMPLETED BY ISSUER) SCHEDULE (C) CONTRACTOR SAFETY DATE & TIME OF INFRACTION: DESCRIPTION OF INFRACTION INCLUDING LOCATION: ORDER GIVEN BY MUNICIPALITY: DID THE CONTRACTOR COMPLY WITH THIS ORDER? DATE & TIME OF COMPLIANCE: ISSUED TO: CONTRACTOR'S EMPLOYEE TITLE ISSUED BY: MUNICIPAL EMPLOYEE, DEPARTMENT TITLE PART "C" - ADDITIONAL COMMENTS THIS SECTION IS TO BE USED INTERNALLY TO RECORD ADDITIONAL COMMENTS SUBSEQUENT TO ISSUING THE WARNINGISTOP WORK ORDER, I.E. DATE AND TIME WORK RESUMED, FURTHER ACTION TAKEN, ETC. SlAdminlforms & SpecslClarington/P<ll~y-MOC I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I PI29402ISpccsI2I060-SP- TI.doc CORPORATION OF THE MUNICIPALITY OF CLARINGTON CONTRACT NO. CL2005-21 SPECIAL PROVISIONS - TENDER ITEMS I I I I I I I I I I I I I I I I I I I PAGE ONE SPECIAL PROVISIONS - TENDER ITEMS CONTRACT NO. CL2005-21 SITE PREPARATION - ITEMS NO. AI, 81 AND Cl Under this Item and for the Contract price, the Contractor shall supply all labour, equipment and materials required to complete the following works in accordance with the Contract Drawings and to the satisfaction of the Contract Administrator: 1. Clearing and grubbing all trees, stumps and brush to accommodate removal of the existing structure, construction of the new structure, stream improvements and roadway embankments within the right-of-way; 2. Removing and disposing of all obstacles of the nature of guide rail and posts, rubble boulders, timbers, wire and rail fences, etc., not specifically provided for under other Tender Items, to accommodate construction of the new structure, backfilling, rock protection and approaches; A portion of the existing fence across the Part 'C' site will have to be removed in order to complete the work. The Contractor shall salvage as much of the fence as possible for reinstatement. 3. Clean-up and all incidental work not included in specific Tender Items. All brush, logs, stumps and other debris resulting from the Contractor's operations under this Item shall be disposed of by the Contractor off site at a location to be arranged by the Contractor at no additional cost to the Municipality and to the satisfaction of the Contract Administrator. In addition to the work required herein and further described under OPSS 201, the Contractor shall remove and dispose of all boulders within the limits of the required clearing and grubbing operation. All boulders encountered under these operations shall be disposed of away from the site at no additional cost to the Municipality. Any damage caused by the Contractor's operations to the surrounding property shall be repaired by the Contractor at no additional cost to the Municipality and the Contract Administrator. All removals from the site shall remain the property of the Contractor to be disposed of by the Contractor off the limits of the Contract, at a location arranged for by the Contractor at his own expense and to the satisfaction of the Contract Administrator. When hauling rubble, excavated material or fill materials from or to the site, the Contractor shall comply with the requirements of the Highway Traffic Act. Suitable excavated earth material shall be used as fill material for the roadway and embankment construction in Parts 'A' and 'C' to the extent as shown on the Drawings. Surplus or unsuitable excavated material shall be stockpiled for future use in backfilling the existing creek. The Contractor shall be responsible for making all necessary arrangements to secure areas for stockpiling surplus excavated materials, at his own expense, and to the satisfaction of the Central Lake Ontario Conservation Authority, The Department of Fisheries and Oceans, and the Contract Administrator. SPECIAL PROVISIONS - TENDER ITEMS CONTRACf NO. CL200S-2I 2. All trees, shrubs and other vegetation as designated by the Contract Administrator to be saved shall be carefully protected from danger or injury, during all construction operations by means of a snow fence at the dripline of the trees or as directed by the Contract Administrator. The Contractor may be required to cut only certain selected trees on certain areas, leaving the rest ofthe trees in the indicated areas unharmed. Trees which are severely damaged by construction operations and have not been designated for removal shall be replaced with a similar species of at least 50 mm caliper at the Contractor's expense. When not in use, store construction equipment and materials along the west side of the Old Varcoe Road right-of-way. Vehicle access to the gravel driveway at the north limit of the road shall be maintained at all times and pedestrian access to 192 Old Varcoe Road shall also be maintained at all times. The price tendered for this Item shall be compensation in full for all work associated with this Item. Work under this Item shall not commence without prior approval in writing from the Contract Administrator. OPSS 201, 206, 510 and 902 shall apply except as amended or extended herein TEMPORARY STREAM DIVERSION - ITEM NO. A2 Under this Item and for the Contract price the Contractor shall install and maintain a temporary stream diversion channel including the supply, installation and removal of the temporary culvert as shown on the Contract Drawings and as directed by the Contract Administrator. After completion of the new culvert construction, the original stream channel shall be re-opened and the temporary channel shall be backfilled and the surrounding area restored to its original condition as shown on the Contract Drawings and as directed by the Contract Administrator. Payment under this Item shall also include re-establishment of existing streambed as shown on the Contract Drawings and as directed by the Contract Administrator. Rock protection and river run stone for the re-established channel shall be paid under the Items "Rock Protection" and "River Run Stone". Payment for protection of temporary stream diversion shall be included under this Item. WatercourseIFisheries Protection During Work in Watercourses and on Watercourse Banks This special provision describes the requirements for watercourse/fisheries protection during work in watercourses and on watercourse banks, and for the culvert construction. Where the Contract requires work in watercourses, on watercourse banks, or culvert construction at watercourses, operation of equipment within such areas shall: (a) be kept to the minimum necessary to perform the specified work; (b) comply with operational constraints that may be specified elsewhere in the Contract; and (c) otherwise proceed in a continuous fashion so as to minimize the duration of such work. Work within the watercourse will not be permitted from September 15 to June 15. In addition, the Contractor shall take such measures and provide such protection system or systems to ensure the following: I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I SPECIAL PROVISIONS - TENDER ITEMS CONTRACT NO. CL2005-21 3. (a) water flow shall be isolated from the work area; and (b) materials that result from the work or that are disturbed by same, shall be prevented from entering the open portion of watercourse. The protection system or systems shall cover the following: (a) all phases of the work, and transitions between phases of the work; (b) installation, operation, and removal of the protection system and transitions between any adjacent environmental protection systems; (c) interfaces between the permanent watercourse and temporary water passage systems; and (d) stabilization of disturbed fill and earth materials until treatment with the specified cover material (seed and mulch, seed and erosion control blanket, sod, rip rap, etc.) The protection system or systems shall consist of the following: (a) a temporary water passage system; and (b) temporary erosion and sedimentation controls to isolate the temporary water passage system from the work area. Where water flow is to be diverted through a temporary channel, the channel shall be lined with rip rap or shall be otherwise protected so as to prevent the entry of sediment to the watercourse. Discharge shall be directed so as to avoid erosion of the watercourse bed and banks at the water outlet. During closure of the permanent watercourse channel or the temporary water passage system, the Contractor shall release any stranded fish to the open portion of the watercourse without harm. The Contractor shall submit to the Contract Administrator six copies of written notice a minimum of 7 calendar days prior to the date that permission is required to proceed with this work. The notice shall be comprehensive, and shall provide descriptions, working drawings and schedules that detail the sequence of this work, and the provision of temporary water passage associated with each stage of same. Permission to proceed with the above will be provided if the Contract Administrator determines that the details of the notice meet the requirements of this special provision. Whenever the proposals with which the Contractor was permitted to proceed with the work are found by the Contract Administrator to be ineffective, changes shall immediately be made so as to ensure watercourse/fisheries protection. WatercourselFlsherles Protection During Watercourse Relocation The requirements of this Item are in addition to those which may be specified elsewhere in the Contract. The temporary channel opening sequence is prohibited within the period of September 15 to June 15. These timing constraints apply regardless of timing of contract award. Water flow in the original watercourse channel shall remain undisturbed until opening of the temporary channel. SPECIAL PROVISIONS - TENDER ITEMS CONTRACT NO. CL200S-21 4. Plugs shall remain in place at the junctions of the original and temporary watercourse channels, so as to prevent water flow into the temporary watercourse channel, until the Contract Administrator has given approval for it to be opened. The Contractor shall give the Contract Administrator written notice a minimum of 5 calendar days prior to the date that permission is required to proceed with the opening of the temporary watercourse channel to water flow. The opening of the temporary watercourse channel shall not commence until the Contract Administrator has given approval, in writing, to proceed. Permission to proceed will be provided if the Contract Administrator determines that: (a) the specified surface treatment (sod, crushed stone, rip rap etc.) of the temporary watercourse channel has been completed between the upstream and downstream plugs as specified; (b) any applicable fisheries compensation/fisheries enhancement measures have been completed as specified; (c) measures are in place so as to prevent the entry of sediment from areas disturbed by construction to the temporary watercourse channel; and (d) all materials not associated with the completed channel, and all equipment and debris have been removed. The temporary watercourse channel shall be opened in the following sequence: ( a) Remove the plug at the upstream end of the temporary channel to allow water to enter and come to rest. (b) Leave water at rest in the temporary watercourse channel for a minimum of twenty-four hours. ( c) Remove the plug at the downstream end of the temporary channel gradually so as to prevent a sudden surge of water through the temporary channel and minimize discharge of sediment. (d) Place a plug at the upstream end of the original channel so as to divert all water flow into the temporary watercourse channel. (e) Complete the specified surface treatment at the upstream end of the temporary watercourse channel immediately upon closure of water flow to the original channel. (t) Allow water to drain and/or pump water from the original channel. (g) Place a plug at the downstream end of the original channel and immediately complete the specified surface treatment. Where water is pumped from the original channel, that water shall be discharged so as to prevent the entry of sediment to the watercourse. During the closure of the original channel the Contractor shall release any stranded fish to the watercourse without harm. The original watercourse channel shall be re-opened in the following sequence: (a) Remove the plug at the upstream end of the original channel to allow water to enter and come to rest. (b) Leave water at rest in the original watercourse channel for a minimum of twenty-four hours. (c) Remove the plug at the downstream end of the original channel gradually so as to prevent a I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I SPECIAL PROVISIONS - TENDER ITEMS CONTRACT NO. CLlOOS-2I 5. sudden surge of water through the original channel and minimize discharge of sediment. (d) Place a plug at the upstream end of the temporary channel so as to divert all water flow back into the original watercourse channel and immediately complete the specified surface treatment. (e) Allow water to drain and/or pump water from the temporary channel. (I) Place a plug at the downstream end of the temporary channel and immediately complete the specified surface treatment. (g) Backfill the temporary channel in a manner that prevents the entry of sediment and sediment- laden water into the watercourse. Place 300 mm of rock protection covered by 150 mm of river run stone at the plugs to prevent erosion as shown on the Contract Drawings and as directed by the Contract Administrator. UNW ATERING AND SILTA nON CONTROL - ITEMS NO. AJ, B2 AND C2 Under this Item and for the Contract price, the Contractor shall carry out all work, as outlined in OPSS 902, to insure that all work is carried out in the dry. Discharge points of all pumps utilized in unwatering the work and removing sediments from the sediment traps shall be located away from the watercourse to permit the natural filtration ofthe sediments by the soil and vegetation, as directed by the Contract Administrator. The Contractor shall submit six (6) copies of his detailed drawings and specifications for his proposed method ofunwatering for the Contract Administrator's review. The Contractor shall be wholly responsible for the adequacy of his method ofunwatering. The Contractor is advised that all unwatering schemes shall be subject to the approval of the Central Lake Ontario Conservation Authority and the Contract Administrator. In particular, the following work wilt be required: a.) A sediment control device shall be installed downstream of the Part 'A' site prior to commencement of construction and remain in place until the work is completed. The accumulated sediments shall be pumped out prior to removal of the trap. Parts 'B' and 'C' sites shall be dewatered by in-stream diversions and pumping/piping to keep sediment out of the downstream reach. b.) Supply all labour, materials and equipment to construct the silt fence barriers as shown on the drawings and as directed by the Contract Administrator. c.) A sediment trap shall be installed where indicated on the drawings and the accumulated sediments shall be pumped out, as required and prior to removal of the traps, as directed by the Contract Administrator. d.) Supply all labour, materials and equipment to construct the temporary cofferdams as shown on the Part' A' drawings and as directed by the Contract Administrator. Sediment control barriers (cofferdams) shall be installed to isolate the work zone from the stream at the site prior to commencement of the construction and remain in place until the work is completed. SPECIAL PROVISIONS - TENDER ITEMS CONTRACT NO. CL2005-21 6. e.) The streambed shall be resurfaced with a 150 mm thickness of river run stone material where disturbed during construction. f.) The Contractor will be required to maintain the existing stream flows and shall control all construction work so as to not 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 meters of any watercourse. Run-off from excavations will not be permitted to drain directly into watercourses but shall be diffused onto vegetative areas a minimum of 30 meters from the watercourse. Where this is not sufficient or feasible to control sediment entering the watercourse, sediment traps or geotextile coverage will be required. If dewatering is required, the water shall be pumped into a sedimentation trap or diffused onto vegetative areas a minimum of 30 meters from the watercourse and not pumped directly into the watercourse. Note: Under Part 'B', the Contractor shall provide a silt screen/collection bag for dewatering when pumping water from sumps or elsewhere with suspended sediments in it. A dewatering trap shall be constructed in accordance with OPSD 219.240 for the works under Parts . A' and 'C'. It shall be a 6 m x 6 m size and located as directed by the Contract Administrator. g.) No machinery shall be allowed to enter the creek bed of any watercourse. Movement of construction equipment in the vicinity of any creek shall be limited to the minimum required for construction. The Contractor shall not carry out equipment maintenance or refuelling or store fuel containers within 30 meters of any watercourse. The Contractor shall not stockpile construction debris or empty fuel I pesticide containers within the Contract limits. h.) Any stockpiled materials shall be stored and stabilized away from the water. The Contractor shall be required to provide details of measures taken to minimize siltation of the streambed during construction to the satisfaction of the Contract Administrator and the Central Lake Ontario Conservation Authority. The Contractor shall be wholly responsible for the adequacy of his method of minimizing siltation. Issuance of work permits by the Central Lake Ontario Conservation Authority will be subject to the receipt of satisfactory unwatering and sediment control schemes, as formally submitted by the Contractor. The Contract Administrator or it's representative, during site inspections, will review construction activities that may negatively impact the natural environment, have the authority to stop work as necessary and order inappropriate activities to be altered or cease. He/she will contact the appropriate agencies/authorities immediately in case of an infraction of the Lakes and Rivers Improvement Act or the Conditions of the Fill, Construction, or Alteration to Waterways Permit issued by the Department of Fisheries and Oceans or Ministry of Natural Resources, or the Authorization for Works or Undertakings Affecting Fish Habitat issued by the Federal Department of Fisheries and Oceans. The foregoing inspections by the Contract Administrator will not in any way relieve the Contractor of his responsibilities regarding the aforementioned Regulations and Permit requirements. The Contractor must be familiar with legislation related to environmental protection. The Contractor shall assume complete responsibility for his construction activity's impact on the environment and for any changes laid by regulatory agencies in this regard I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I SPECIAL PROVISIONS - TENDER ITEMS CONTRACT NO. CL2005-21 7. REMOVAL AND DISPOSAL OF EXISTING STRUcrURE - ITEM NO. A4 Under this Item and for the Contract price, the Contractor shall demolish and completely remove the existing structure and shall perform all necessary excavation, unless provided otherwise in the Tender, to accommodate the construction of the new structure, including backfill, frost tapers and rock protection, as directed by the Contract Administrator. Any over excavation shall be backfilled with approved materials and compacted, at the Contractor's expense and as directed by the Contract Administrator. Under this Item and for the Contract price, the Contractor shall perform all necessary excavation and/or fill required for the channel improvements, as shown on the Drawings and as required to provide proper hydraulic flow conditions at the site to the satisfaction of the Contract Administrator. Under this Item and for the Contract price, the Contractor shall also carry out all removals not provided for under other Items of this Contract, including removal and re-erection of fences, as shown on the Drawings and as directed by the Contract Administrator. All removals from the existing structure, except as specifically noted, shall remain the property of the Contractor to be disposed of by the Contractor off the limits of the Contract, at a location arranged for by the Contractor at his own expense and to the satisfaction of the Contract Administrator. When hauling rubble, excavated materials or fill from or to the site, the Contractor shall comply with the requirements of the Highway Traffic Act. Blasting will not be permitted for any work under this Item. Work under this Item shall not commence without prior approval in writing from the Contract Administrator. EARTH EXCAVATION (GRADING) - ITEM NO. AS Under this Item and for the Contract unit price, the Contractor shall provide all labour, materials and equipment required to complete the excavation of materials for the construction of earth cuts and fills, approaches, ditching, realigmnent of ditches, and all other excavation not specifically provided for elsewhere in the Contract. The roadway embankment slopes and surrounding areas shall, upon completion of the work, be graded and trimmed in a manner satisfactory to the Authority and Contract Administrator. Materials excavated under this Item which are surplus to or unsuitable for the fill requirements shall be disposed of by the Contractor outside the right-of-way at his own expense. Measurement for payment will be by Plan Quantity. The vertical grading tolerances for the finished subgrade shall be or 30 mm. The horizontal grading tolerances for the finished excavation and fill shall be 0.3 m. For payment purposes, the volume of material excavated in sub-excavation, ifrequired, or over excavations where ordered by the Contract Administrator, shall be determined on the basis of three rectilinear dimensions measured as follows: SPECIAL PROVISIONS - TENDER ITEMS CONTRACT NO. CL200s-21 8. a) Length and width of excavation to nearest 300 mm. b) Depth of excavation to the nearest 30 mm. No additional payment shall be made for placing of acceptable excavated material in the fill areas. No granular materials shall be placed on the sub-grade until the sub-grade has been compacted to 95% Standard Proctor Density, and approved by the Contract Administrator. If, in the opinion of the Contract Administrator, water is required to attain the required fill density as specified in OPSS 501, the Contractor shall supply such quantities as the Contract Administrator may direct and apply the water from equipment approved for that purpose. Payment for this work shall be in accordance with the applicable item. All disposal sites must be approved by the Owner, prior to placement of disposed material. EARTH EXCA V ATlON FOR STRUCTURE - ITEMS NO. A6, B3 AND C3 Under these Items and for the Contract unit price the Contractor shall excavate all materials of whatever nature that may be encountered, including all loose material and/or organic materials for the construction of all Items under the Contract except where excavation is specifically included in other Items. If after excavating to the lines and elevations shown on the Drawings, the material encountered should prove to be unacceptable to the Contract Administrator as a foundation, the Contractor shall perform additional excavation as directed by the Contract Administrator, payment for which will be made under this Item. The excavation operation in the vicinity of the Old Varcoe Road culvert (Part 'B') should be completed carefully so that disturbance of the core material is minimized. This Item shall include for demolition and removal of any existing headwall materials for Part 'B'. Only that excavation below the final streambed level to the neat plan dimensions of the bedding, as shown on the Drawings, or to such additional depth as directed by the Contract Administrator will be paid under this Item. The Contract unit price for the applicable structure items will be full compensation for all other excavation which may be required for the structure including granular backfill, stream improvements and rock protection as shown on the Contract Drawings and as directed by the Contract Administrator The Contractor shall dispose of all excavated materials, which are unsuitable for or in excess of the fill requirements under this Contract, at a location arranged for by the Contractor at his own expense and to the satisfaction of the Contract Administrator. GRANULAR BEDDING TO CULVERT - ITEMS NO. A7 AND C16 Under this Item and at the Contract unit price, the Contractor shall supply and place uncompacted Granular 'A' material required for the culvert bedding, including the Terrafix 270R non-woven geotextile (Part 'A') fabric and sufficient quantities to backfill any additional excavation authorized by the Contract Administrator below theoretical bedding level, as shown on the Drawings. I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I SPECIAL PROVISIONS - TENDER ITEMS CONTRACT NO. CL200S-21 9. The extent of the Contract unit price Item for placing uncompacted Granular' A' under the culverts shall be as shown on the Drawings or as revised in the field by the Contract Administrator. Where, however, the Contractor has excavated beyond these limits, he shall supply, place and compact, to the satisfaction ofthe Contract Administrator, Granular 'A' material as required to fill the resulting excess volume. All costs of supplying and placing such additional material shall be deemed to be included in the Contract unit price. Under Item CI6 (Part 'C'), bedding and backfill will be Granular 'A' with the same requirements as those included in Part 'A'. Measurement for payment of this Item shall be made in cubic metres based on the neat plan dimensions of the bedding between the limits of the cut-offwalls and to the depth shown on the Contract Drawings, or as revised in the field by the Contract Administrator. - -- CORRUGATED STEEL PIPE- ITEMS NO. AS AND C4 Under Item No. AS and for the Contract price, the Contractor shall supply all labour, equipment and materials necessary design, fabricate, deliver to the site, and install the new section of corrugated steel pipe, steel sheeting cut-off walls and appurtenances, all in accordance with OPSS 421 and as shown on the Contract Drawings. The corrugated steel pipe culvert shall be fabricated, supplied and installed in accordance with the following: a) The culvert shall be of sufficient strength to support 1.5 m offill and the CAN/CSA-S6-00 CHBDC Design Live Load. b) The corrugated steel pipe shall be in accordance with OPSS 1801 and shall be aluminized type II in accordance with CAN/CSA G40 I, all other steel shall be hot dipped galvanized in accordance with CAN/CSA G 164. The corrugated steel pipe shall be 2700 mm inside diameter. The corrugated steel pipe shall be Hel-Cor Lock Seam corrugated steel pipe as manufactured by Armtec Limited or approved equivalent, minimum wall thickness = 3.5 mm. c) The design shall conform to the requirements of the CAN/CSA-S6-oo C.H.RD.C. d) The Contractor shall submit shop drawings, including joint details, to the Contract Administrator for review. Six copies of all drawings shall be submitted, a minimum of three weeks before commencing fabrication, as specified elsewhere in the Contract. The shop drawings shall bear the seal and signature of a Professional Engineer who is licensed by the Professional Engineers of Ontario Installation of the corrugated steel pipe culvert and associated work will include the following work, as shown on the Contract Drawings and as directed by the Contract Administrator: i) The supply and installation of the galvanized steel sheeting cut-off walls, including the galvanized steel angle, unbalanced channel and appurtenances, as shown on the drawings. The steel sheeting cut-off walls shall extend a minimum of3650 mm beyond the sides of the culvert, a minimum of 1500 mm below the invert of the culvert and a minimum of 1350 mm above the SPECIAL PROVISIONS - TENDER ITEMS CONTRACT NO. CL2005-21 10. invert of the culvert. The steel sheeting cut-off walls and appurtenances shall be hot dipped galvanized in accordance with CAN/CSA G-I64. Item No. C4 Under Item No. C4, the Contractor shall supply and install the 4.1 m length of 2,200 mm dia. CSP extension as shown on the drawings. The pipe shall be Hel-Cor Loc Seam CSP as manufactured by Armtec Ltd. or approved equivalent with a minimum wall thickness on.5 mm. Pipe corrugations shall be 125 mm x 25 mm. Bedding and backfill to the pipe spring line shall be Granular' A'. The pipe invert at the gabion cut-off wall shall rest on geotextile covering the gabion cut -off wall as shown on the Contract Drawings. Upstream of the cut-off wall, the Granular' A' bedding and backfill arrangement shall be similar to the requirements for Part 'A'. Granular' A' will be considered for payment as part ofltem No. C 16. CSP COUPLER - ITEM NO. CS The unit price bid under this Item shall include the supply and installation of a corrugated steel pipe coupler to connect the existing 2,200 mm CSP culvert to the proposed 2,200 mm CSP culvert extension. The Contractor shall ensure that the coupler fits the corrugation of the connecting culvert segments. The coupler designated is "H500". GRANULAR BACKFILL TO STRUCTURE - ITEM NO. A9 Under this Item and for the Contract price, the Contractor shall supply, place and compact in accordance with OPSS 501 and 902 the Granular' A' material required for the culvert backfill and frost tapers, as shown on the Drawings and as directed by the Contract Administrator. The extent of the Contract price item for placing granular backfill to the culvert is shown on the Drawings. Where, however, the Contractor has excavated beyond these limits, or has failed to place earth fill to the limits shown, he shall supply, place and compact, to the satisfaction ofthe Contract Administrator, either earth or granular material, whichever the Contract Administrator shall direct, as required to fill the resulting excess volume. All costs of supplying and placing such additional material shall be deemed to be included in the Contract price for the Items 'Granular Backfill to structure'. Water shall be applied to the material to assist compaction, as directed by the Contract Administrator, and shall also be included in the Contract price. The Contractor shall not be permitted to use other than hand operated vibratory type compaction equipment for compaction of the backfill material within the zone between the back face of the culvert, where it contacts the granular bedding, upwards at a slope of 1.5 vertical to I horizontal. Hand operated vibratory equipment shall have an energy output no greater than 6.7 kilowatts. I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I SPECIAL PROVISIONS - TENDER ITEMS CONTRACT NO. CL200S-21 11. GRANULAR 'A' - ITEM NO. AIO & B6 GRANULAR 'B' - ITEM NO. All & B5 Under these Items and for the Contract unit prices, the Contractor shall supply, place and compact in accordance with OPSS 50 I, the granular materials required for the road base, and erosion control structures, as shown on the Contract Drawings and as directed by the Contract Administrator. All granular materials shall be compacted to 100 Percent Standard Proctor Density. Water shall be applied to the materials to assist compaction, as directed by the Contract Administrator and shall also be included in the Contract unit prices. Note: Compaction equipment for the Old Varcoe Road driveway and headwall backfill shall be a minimum size necessary to achieve the desired density without causing damage to the existing culvert or new precast headwall units. HOT MIX HL-8 - ITEM NO. A12 HOT MIX HL-3F - ITEM NO. B4 Subsection 1150.04.01.02 ofOPSS 1150 is amended with the deletion of the first paragraph and addition of the following: The Contractor shall assume all resDonsibilitv for mix desil!n. All costs incurred under this item shall be at the expense of the Contractor and shall be included in the unit price bid for paving. The mix design(s) will be completed in accordance with current Ministry of Transportation procedures (Asphalt Institute Manual Series No.2) by a laboratory that is certified by the Canadian Council of Independent Laboratories (C.C.I.L.), Type A. All mixes will be designed using 75 blows with a manual compaction hammer, or the mechanical equivalent. Asphalt Cement shall be PGAC 58-28 with a minimum Marshall Stability of 5800. The Contractor shall submit a current mix design for each asphalt mix specified, directly to the Contract Administrator for approval at least three (3) weeks prior to any paving work being initiated. Note: Compaction equipment for the Old Varcoe Road driveway shall be a minimum size necessary to achieve the desired density without causing damage to the existing culvert or headwall units. Surface Appearance Subsection 310.07.02.14 ofOPSS 310 is deleted and replaced with the following: Each course after final compaction shall be of uniform texture and shall be free of segregation (as defined by MTO), fat spots, oil spills or any other defects. Areas of medium segregation may be left in place for binder courses, but are considered defective areas for surface courses. Areas of severe segregation are considered defective areas for binder or surface courses. Defective areas shall be removed and replaced by the Contractor with acceptable hot mix of the same type and compacted to the satisfaction of the SPECIAL PROVISIONS - TENDER ITEMS CONTRACT NO. CL200S-21 12. Contract Administrator, all at the Contractor's expense. When segregation is observed, the Contractor will be notified in writing and shall take immediate corrective action. If the segregation continues the city may then issue a stop work order until the problem with segregation is corrected. If segregation becomes evident within the two-year maintenance period (e.g. consistent segregated patches within 50 to 80 m spacing) the Contractor will be required to remove and replace the segregated areas or to place a 30 mm overlay of same mix over the segregated pavement surface for the length of the segregated area. Corrective measures shall be performed during the two-year maintenance period and at the Contractor's expense. AcceptancelRejection - General Requirements Where material supplied or workmanship is found to be unacceptable or borderline the Contract Administrator reserves the right to order the removal and replacement or overlay of the subject asphalt. The Contract Administrator shall also have the right to, at his discretion, delay acceptance of the subject asphalt and/or extend the guaranteed maintenance period on the subject asphalt for an additional period of up to two (2) years (for a maximum total offour (4) years). Where the Contract Administrator chooses to exercise this right, the Contractor's Maintenance Security, or an appropriate portion thereof, shall be retained until the Contract Administrator is either satisfied as to the quality of the materials/workmanship or orders removal and replacement of the subject asphalt. Without limiting any of its other rights the Contract Administrator's rights with respect to the Contractor's maintenance guarantee and Maintenance Security shall continue uninterrupted for such delay/extension. Measurement for Payment Measurement for payment shall be by mass, in tonnes, in accordance with OPSS 310.09.0\.02. Basis of Payment Work under these items shall include all labour (including hand work), equipment and materials required to do the work ROCK PROTECTION - ITEM NO. AI3, B7 AND CIS The work shall be performed in general compliance with the plans, OPSS 511, and as directed by the Contract Administrator, and shall consist of providing a protective covering of approved rock, on the streambanks, streambed, approach embankments as shown on the Contract Drawings. The Contractor shall supply all materials for this Item. Rock shall be an imported quarry or field stone material; the quality of the rock shall be reviewed by the Contract Administrator. Rock subject to marked deterioration by water or weather will not be accepted. Rock shall fulfill the gradation requirements as follows: I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I SPECIAL PROVISIONS - TENDER ITEMS CONTRACT NO. CL2005-21 13. Gradation Limits for Rock Protection i.) Part 'A' Maximum Allowable Maximum Allowable Maximum Allowable Minus 150 mm Minus 100 mm Minus 50 mm Minus 25 mm 95% 50% 300fo OOfo ii.) Part 'B' & 'c' 100% 20% 50% 80% Smaller than Larger than Larger than Larger than 450 mm 350 mm 300 mm 200 mm Placing shall be done in such a manner that the surface of the finished rock protection shall have a uniform appearance and be without segregation. The rock Thickness shall be as shown on the drawings. The Contract price for the rock protection shall constitute full compensation for the supply of the rock, the supply and placing of a geotextile filter fabric, any excavation or trimming required for the bedding of the rock, the hauling and placing of the rock, and all items incidental to the completion of the work as shown on the Drawings and in accordance with the Specifications. The geotextile for the rock protection shall conform to OPSS 1860 and shall be Class II non-woven type with a fibre opening size (F .O.S) of 50 Jlm and 3 mm thick. The geotextile shall be free of folds and wrinkles. The geotextile shall be joined so that the material laps a minimum of 500 mm and shall be pinned together or as directed by the manufacturer's instructions. Alternatively, the geotextile shall bejoined to conform to the seam requirements ofOPSS 1860. RIVER RUN STONE - ITEM NO. A14, B13 AND C13 The work shall be performed in general compliance with the plans, OPSS 511 and as directed by the Contract Administrator, and shall consist of supplying and placing a 150 mm depth of approved river run stone over the rock protection placed in the area of: Part 'A' i. The inlet and outlet areas at the culvert to the limits shown on the Drawings and as directed by the Contract Administrator. ii. A 200 mm thickness of river run stone / pea gravel/coarse sand mix continuously through the structure as shown on the Contract Drawings and as directed by the Contract Administrator. Part 'B' i. A 150 mm layer over all disturbed areas of the creek bed. SPECIAL PROVISIONS - TENDER ITEMS CONTRACT NO. CL2005-2I 14. Part 'C' i. AlSO mm layer over rip-rap material. The Contractor shall supply all materials for this Item. The river run stone protection shall be sound material, of a natural, rounded shape and clear of all fines. The quality of the stone shall be approved by the Contract Administrator. Rock subject to marked deterioration by water or weather will not be accepted. Stone shall satisfy the gradation requirements as follows: Gradation Limits for Stone Protection Maximum Allowable Maximum Allowable Maximum Allowable Minus 150 mm Minus 100 rom Minus 50 rom Minus 25 rom 95% 50% 30% 0% Placing shall be carried out in such a manner that the surface of the finished stone protection shall have a uniform plane\flat appearance, and be without segregation and the top surface shall be flush with the streambed and shall extend for the limits as directed by the Contract Administrator. The stone protection shall be 150 rom minimum thickness within the watercourse. The Contract prices for the river run stone protection shall constitute full compensation for the supply of the rock, any excavation or trimming required, the hauling and placing of rock and all items incidental to the completion of the work as shown on the Drawings and in accordance with the Specifications. TOPSOIL (IMPORTED) - ITEM NO. AIS, BIt AND CIO Under this Item and for the Contract price, the Contractor shall supply and place imported topsoil over the areas to be seeded to a minimum consolidated depth of 100 mm. The quality of topsoil provided by the Contractor will be subject to the Contract Administrator's approval. Measurement under this Item shall be made by the cubic metre, in place. Payment for this Item at the Contract unit price shall be full compensation for the supply and placement of the topsoil, all to the satisfaction of the Contract Administrator. THREE CABLE GUIDE RAIL - ITEM NO. AI7 Under this Item and for the Contract unit price, the Contractor shall supply all equipment, labour and materials necessary for the supply and installation of the new steel three cable guide rail, in accordance with OPSS 552, as shown on the drawings and as directed by the Contract Administrator. Installation of the steel cable guide rail will include the following work, as shown on the Drawings and as directed by the Contract Administrator: a) Supply and installation of the steel cable guide rail, posts, bolts, anchors etc., as required to I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I SPECIAL PROVISIONS - TENDER ITEMS CONTRACT NO. CL200S-21 15. complete the installation of the new steel cable guide rail, as shown on the drawings, in accordance with OPSD 913.102 and OPSD 913.130, and as directed by the Contract Administrator. The Contractor shall dispose of all excavated materials and removals which are unsuitable for or in excess of the fill requirements under this Contract, at a location arranged for by the Contractor at his own expense and to the satisfaction of the Contract Administrator. GEOTEXTILE-TERRAFIX 800R - ITEMS NO. B8 AND C8 The work shall consist of supplying and placing Terrafix 800R or approved equal at the location indicated on the contract drawings. An additional patch of geotextile shall be placed where the planting tubes shown in Part 'B' intersect annour stone wall geotextile filter. This patch shall be wrapped tight to the outside diameter of each pipe and secured with tape or wire. The patch shall overlap the wall geotextile by 300 mm all around. Geotextile for all other locations shall be placed with a 600mm overlap at adjacent sheets. The geotextile at the back of the 'Dura-Hold' wall (Part 'B') shall be cut in sheets so that it fits between the geogrid layers. Geotextile at the top of the gabion cut-off wall (Part 'C') shall be triple layered to form a barrier to soil movement at the gabion - CSP interface. The Contract Administrator shall approve the placement of the geotextile prior to proceeding with the backfill. DURA-HOLD WALL - ITEM NO. B9 The unit price bid for this Item shall include the supply and placement of 'Dura-Hold' units including geogrid tie-backs and coping blocks to construct the concrete headwalls as indicated on the contract drawings. 'Dura-Hold' units are available from 'Unilock' - Georgetown, Ontario - Telephone No.: 905-453-1438. The cost to cut the units as necessary to achieve the configuration shown is included in this Item. Note: Any grinding to achieve a level fit over or under the top of the culvert is also included in this Item. A reinforced concrete base shall be considered as integral to the cost of this Item. The concrete base shall be allowed to cure for three days prior to wall unit placement. Concrete shall be 25MPa with 6.0% air and 70 mm slump. The geogrid material shall be Mirafi - 3XT (or approved equal) as supplied by Armtec - Peterborough, Ontario - Telephone No.: 800-363-5047. The excavation for the concrete base shall be completed with equipment that will leave the subgrade undisturbed. The Contract Administrator shall approve the subgrade condition prior to construction of the concrete base. Geogrid sheets shall overlap by 300 mm. The geogrid shall be pulled flat and pinned so that it is under tension prior to backfill being placed on it. Fill shall be compacted in 200 mm lifts and shall be at SPECIAL PROVISIONS - TENDER ITEMS CONTRACTNO.CL200~21 16. optimum moisture content. The geotextile shall be placed between geogrid sheets and overlapped with the geogrid. Note: The geotextile will be considered for payment under the Geotextile Item. The voids created at the Dura-Hold - CSP interface shall be plugged with a 200 mm minimum thickness of 25 MPa mass concrete as part of the work under this Item. Concrete pour to be formed flush with the exterior face of the Dura-Hold headwall. The area considered for measurement shall include only the face area ofthe 'Dura-Hold' units. PEDESTRIAN HAND RAIL - ITEM NO. BI0 Hand rail shall be supplied and placed where indicated on the drawings. It shall be fabricated in accordance with the drawings and OPSD 980.101. Prior to fabrication, the Contractor shall take measurements to locate the posts with respect to the Dura-Hold block joints. Under this Item the Contractor shall supply the W A33L and W A53R marker signage. They shall be fastened with suitable clamps (approved by the Contract Administrator) to the upper and lowerrails of the hand rail- 2 clamps per sign. ARMOUR STONE - WALL - ITEM NO. B14 ARMOUR STONE - CHANNEL - ITEM NO. C6 Armour stone shall be quarried sound limestone or approved equivalent. Stones shall be approved at the qU:rrrJ with the Contractor and marked for delivery. Armour stone shall have a minimum volume of I.Orn . The base stone height may be 0.6 m and the wall stone height shall be 1.0 m. The filter stone shall be hand placed so that the material immediately next to the amour stone is larger than any armour stone wall void, thus providing a solid plug for the void. The remaining filter stone shall be placed only after the Engineer has inspected and approved the 'plug' stone placement. The geotextile and plant material including PVC tubing are included in the Geotextile and Plant Material Items. GABIONS - ITEM NO. C7 The Contractor shall supply and place gabions at the location shown on the drawings. Ensure that geotextile is placed between all gabion - soil interface areas. The Contract Administrator shall inspect the ground conditions where the base gabion is to be placed prior to placement and if deemed satisfactory, give approval to proceed. TOPSOIL (IMPORTED) - ITEMS NO. AIS. BII AND CIO Under these Items and for the Contract price. the Contractor shall supply and place imported topsoil over I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I SPECIAL PROVISIONS - TENDER ITEMS CONTRACT NO. CL200S-21 17. the areas to be seeded to a minimum consolidated depth of 100 mm. The quality of topsoil provided by the Contractor will be subject to the Contract Administrator's approval. The Contractor shall supply a test certificate for nitrogen, phosphorous potassium, organic content and PH, if requested. Measurement under these Items shall be made by the cubic metre. Payment for these Items at the Contract unit price shall be full compensation for the supply and placement of the topsoil, all to the satisfaction of the Contract Administrator. PLANT MATERIAL - ITEM NO. B12 o PSS 570 applies to this Item. Payment shall be made under this item for the supply and installation of plants in accordance with the Contract Drawings. All planting and related work shall be done by experienced, qualified personnel under the directiou and supervision of foremen with at least five (5) years of horticultural and planting experience. The PVC tubing required to locate plants within the armour stone wall is considered a part of this Item. Ensure that each plants roots are fully enclosed in the topsoil surround. All trees shall be nursery grown, true to type and structurally sound, with straight trunks and leaders intact, and be well and characteristically branched for the species. Root balls shall not be cracked, broken, or damaged. All plants shall be free of disease, insect infestation, rodent damage, sun scald, frost cracks and other abrasions or scars to the bark. They shall be densely foliated when in leaf and have healthy, well developed root systems. Plant names shall be in conformity with that accepted in the nursery trade. Substitutions for the specified plants will not be accepted unless approved in writing by the Contract Administrator. The Contract Administrator reserves the right to reject any plant material, whether planted or not, which does not conform to the specifications. Do not remove any labels from plants until they have been inspected and approved by the Engineer. All debris, clay lumps, roots and stones over 50 mm in diameter and other extraneous matter shall be removed from excavated soil to be used in backfill and disposed of off site. Shredded bark mulch free of any granular and organic material will be applied over planting pit areas of trees and throughout shrub beds in accordance with the Contract Drawings. A sample of the mulch to be used shall be submitted to the Engineer for approval. Maintain all plant material and assume full responsibility for protection of all planted areas until final acceptance of all project work. Keep planted areas free of weeds at all times. Remove all debris, broken branches, etc., and maintain planted areas in neat condition at all times. Water plants as necessary with sufficient quantities to moisten the entire root system. SPECIAL PROVISIONS - TENDER ITEMS CONTRACT NO. CL2005-21 18. Submit a written warranty to the effect that all materials and workmanship be guaranteed for a period of two (2) years following project completion. Under the direction of the Contract Administrator, all plants that are dead or not in a healthy, satisfactory growing condition, or which in any way do not meet the requirements of the specifications, shall be promptly replaced by the Contractor at the Contractor's expense. All required replacements shall be as originally specified. The warranty on replacement plant material shall be extended for a period equal to the original warranty period. Final inspection of all plantings shall be made at the end of the specified warranty period. Stakes and all staking material shall be removed at the end of the warranty period. The Contract Administrator or Owner reserves the right to extend Contractor's warranty responsibilities for an additional year if, at end of initial warranty period, plant condition is not sufficient to ensure future health. SEED AND MULCH - ITEMS NO. BIS AND Cl4 SEED AND EROSION CONTROL BLANKET - ITEM NO. Al6 Under Item B 15, the seed and straw mulch shall be placed by hand. Seed type shall be the standard MTO Roadside Mix. Under Item C 14 the seed and mulch shall be applied by a hydraulic seeder and mulcher. Care shall be taken to prevent the slurry from entering the watercourse area or covering the annour stone. Should there be no way to avoid this, hand seeding of the areas immediately adjacent to the watercourse shall be undertaken. Seed type shall be the standard MTO Roadside Mix. Erosion control blankets shall be type ECS-lB as manufactured by "East Coast Erosion Blankets" (or approved equal). The blankets are supplied by Geosynthetic Systems, Tel. No. 613-733-9585. Blankets are to be installed in accordance with the manufacturers directions. Seed type shall be the standard MTO Roadside Mix. THREE CABLE GUIDE RAIL - ITEM NO. Al7 Under this Item and for the Contract unit price, the Contractor shall supply all equipment, labour and materials necessary for the supply and installation of the new steel three cable guide rail, in accordance with OPSS 552, as shown on the drawings and as directed by the Contract Administrator. Installation of the steel cable guide rail will include the following work, as shown on the drawings and as directed by the Contract Administrator: a) Supply and installation of the steel cable guide rail, posts, bolts, anchors, etc., as required to complete the installation of the new steel cable guide rail, as shown on the drawings, in accordance with OPSD 9\3.102 and OPSD 9\3.\30, and as directed by the Contract Administrator. The Contractor shall dispose of all excavated materials and removals which are unsuitable for or in excess of the fill requirements under this Contract, at a location arranged for by the Contractor at his own expense and to the satisfaction of the Contract Administrator. I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I SPECIAL PROVISIONS - TENDER ITEMS CONTRACT NO. CL2005-21 19. EARTH BORROW - ITEM NO. Cll The Contractor shall supply, place and compact fill of suitable material. Material produced from site excavation shall be completely used before material is brought in under this item. The Contract Administrator shall approve the requirement for and type of material before it is brought to the site. REINSTATE FENCE - ITEM NO. C12 The Contractor shall relocate/reinstate the existing page wire fence that was salvaged at the site preparation stage. If the existing fence condition is unsatisfactory, the entire fence removed shall be reinstated with new materials similar to those of the existing fence. I I I I I I I I I I I I I I I I I I I CORPORATION OF THE MUNICIPALITY OF CLARINGTON CONTRACT NO. CL2005-21 STANDARDS I I I I I I I I I I I I I I I I I I I -~-:.., Area under construction - ... ~ "IV PERSPECTIVE VIEW Area under construction Dkection of flow c:::::::> Area under protection SECTION VIEW Silt fence barrier ;.... ~~ . I Direction of flow n ",A ~, . I A~ I // ..-...... / / . . 2.3m max, Tvp I Moin run I A 4 PLAN OF SILT FENCE BARRIER 1 Stake Geotextile Direction of flow c 'E E E o ~ Trench to be I ~~~kfilled and ~mpacted Earth surface c:::::::> o o '" .300mm min of geotextile in trench o o <0 SECTION A-A NOTE: A All dimensions are in millimetres or metres unless otherwise shown. ONTARIO PROVINCIAL STANDARD DRAWING SILT LIGHT FENCE DUTY BARRIER OPSD - 219.110 ---------- Date ______ Ught duty sediment barrier Direction of flow c::::::::> 20m mox ~ Side slope not to exceed 0.5:1 Typ Rock flow check Dewatering trap /'. 1m min SECTION A-A " Silt fence barrier OPSD-219.11D I Temporary rock flow check t_ x _.1 c E A E Excavated basin A 0 '" 1 Interface to be gap free I 20m max I Temporary rock flow check _.1 A DEWATERING TRAP WITH SILT FENCE t_ A Strow bale barrier OPSD-219.100 x c E E o '" 1 I Excavated basin Interface to be gop free 20m mox -1 ~ .. I DEWATERING TRAP WITH STRAW BAlES NOTE: A All dimensions are in millimetres or metres unless otherwise shown. ONTARIO PROVINCIAL STANDARD DRAWING ---------- DEWATERING TRAP Date ______ OPSD - I I E~ .0....- .; E Ul 0'10"""'" 0 c: "'.... "0 __Oq; c -(CeO) oOloCD L 0.........0.0 -...I 0 ... .,:i:"..... O'i "0 __... 0 .~_ ~ O'i ~OOC o c: '" cPCDO- g...b 01; c: .... ....,CDQ.O OOeDl- c:c~ II ",'- .!!1 .-.... E '" ::l!::: E l5 o It) 0. ~"'..... co.o,." ...... -0 X 0 .- 00 "'....0 '" I') (/) ....13 x w CD ,,0 I- ,; 00 o ;> 0.1') z- ., '" .... .... '" .~ "<t '" '" ., '" c " .... '" ~ - o I I C> ~<( ~ NUl '" C 'cO 0 . 'E 0 o.'a> -- >0 X:5lO . ~"E 0 0..... cv 0 3: 't:) ~~.o.. 0'10'1-0 ~o C:",o.c:"'::;: 1c:<E<-"'.....- o 0.'- ., Ul E ...1'- .- -0 . <.) ~ "'0 QNN "OEc'O .E:C\lc: .....c ...UOcOc."'C......._ f~1 og:e5.....~O<(CD 00 t) L Q)... O'OJ U c: ... . 0'1- C>C71C OaDe: (I) ~.80 :OG>O:;; ~ CD 0'1 0 --.oG)ep....J:t 0 (Do - c: C b.o 0 G,) c C.J: ~L 0 .su- 8.s.oD'l.2l1J ~ 0 _'i: "62 0 ="0 0') 0'1:) '.-.o.s:;; 00G,)CO -- ..... 0') eo.... ..... __ CD IT.! "Oep 0>,......... ..~~ C71c(;;L....'I E'- 0. 0 "''''C:o .-E Eo fD""C" '- __ c :C_G):E "0 CD 0(1) c:t) "'....- 0.1- ~ E CD .2m c~ 00 :! = __<Vl -<....0 "''''<.)<'1:1:00..0;><0.. <'I I') < CD U OWIo. C> I I I "- '" .0 E " z I I o '" o '" I ~ llIl I ~~ E E CD '6 ,. '" c ~ C Z '" ~ :2 0 x f ~ " 0 - E 0 ~ z 0 ~ E E '" W ...J 0 .E -I 0 " W 0 ~ '" -" ~ E~ en E_ (; 0" 0- ~.! t!- .... .~"E ::0 e~ _0 <eO; "'- c .. ;;1) .!o g'O 2~ ...z - 1 =' E .8~ --, _0 I ~- --n.<( ___J I I I I I I I I 09t' 09t' 001 I -O' Oc a.:g ~~ .., c " e :!::t- -0 "'.<> c- .- " :'24) Vim .. oo!! :o,g ,., E_ " ~H~ ., ". '" - " ,. .".~ .:~. :..'\: ::;~~ ""'1~ ..:;:1>':. .::-:.,....:. ~ ~~I~: 0 _-0'" .0 It) "":'1:" - ., ", ~ c > "C 0'0 ~ - O' I-SH-I c E &. g-s .!;o.. t-_ o ... CD t) ~ ~ (O"ii_g.:::fi "i .:..'"". ...,tc;.!". u"Z 0" c:;....t.xe... e :s. II) :...:....'.ro".;....s ~ o. ~E...... 0_.' 0 _ o II) :,~..'...JJI) ~.:.~c..E'" (J 0 ... .t.."J ..' e.' . .. .... .... 'it E"... ,.s'1'it . ,... .cn-.: .f..:.: . .' .. ... :........i'.. -..." .:. ...;:':'. :: ~ SZI~.............. .... ". :.. . '..: .~ 6Uiloo1 .rn.. wwooi -..:..:.... ,... .: lftOlllUlp!S lA!M wwos ~ ..1 .....:... .... I. ..... .. '5 0:: <>' o '6 .E ..,'fi c_ ~2:2u g o o~" i .&:.01_1) L&J o oo"tll....t- .-.-" 0 0::3 "tlI"Q-e .. ~~~ e E 0- 0 Q. e E'5e:'5 2!~ 6 ~ ~ L&J en < al !... o z ::3 Q. ~"C - " 0; ~- " u :Ex. .. .. -I < I- W Q I- Z o .., -I <( o a: >- I- ..- 0 ..- . 0 ro en > '" a:: 0 Cl 0 <'I Vl > n- O 0 Z al I _ al 0", .....5 Z ~oO 0.2 - :I: I- o W en Cl Z ~ a: 0 z Q <C ~ a::: f- Vl Z Z ..... 0 < C Ii) ..... j -I a... <( a -I (3 -I <C z :c( f- ~ Vl a::: z a: C Q. Z 0 <C iE :I: ~ z 0 < I <( z o j:: o W en .., ... .~ t; " 0:: i"zu ~ z ..00 o_U I- E<(~ :c> z= "Will ,,-Ix cww f z iWD cS~ tiQ. ti _ CO __n__ .!WZ "'enD ol! <~ lji~~ ali It. +1 r 500T 5001 r I L -~-1a-- -2'; rr ,: it' 7 ~I' g 1 J!..:' o ~ ' " - 7 "" L lil' _d TOP FRONT CUBICAL ANCHOR BLOCK ~A .,; _2l/: II I" ~:'I' 7 ~:' ,/'11 ~', " 7 "', .' . u_d o o '" L TOP FRONT CYUNDRICAL ANCHOR BLOCK o ... 12-14mm dia holes .:.,}":~'!.:.~. ':",,:' ''':: :f:~;~'[:.~'-":f~ :'~~.,(:.<'::'- Six cable guide rail SECTION A-A 5 5 L45X45X6m-ff 00 .,'" - W15Ox22 x 1.0m long steel section 6-14mm dia ho~s Concrete anchor block :" i-I;;~'I~.~ -'":f.: ~:.~. ..f.::~ '.' Three cable guide rail SECTION A-A NOTES: A All dimensions are in millimetres unless otherwise shown. ONTARIO PROVINCIAL STANDARD DRAWING GUIDE RAIL SYSTEM, CABLE THREE AND SIX CABLE COMPONENT - CONCRETE ANCHOR BLOCKS ~ B ~ -2'; 2%_ " 1,,1 ~ 1"18 1::1 1"1 lllJ SIDE It. 18 ~ _2l/: 1::1 ~ 1,,18 1,,1 1"1 lllJ I I I I I I I I I I I I I SIDE L45x45x6mm Nov 2001 .:..:.:...:~ltt:--';:"~': .::;.:~:~;.7:' SECTION B-B ---------- ---------- opse - 913.1 02 I I I I I I I I I I I I I I I I I I I CORPORATION OF THE MUNICIPALITY OF CLARINGTON CONTRACT NO. CL2005-21 GEOTECHNICAL INVESTIGATION I -:- I I I I I I I I I I I 0 I I D I u I U I 0 I I :1 EnclosuLe: J Ref. No: 4507-4-6 BOREHOLE ux:ATION PLAN ICentLe Line of Road I I I I I I I I < 2.0~ - - - - - - -j r - -"","7";;;;-0' Oil';;;; C :z: I 5.Om l BH.l I Elev. I lOO.oam I I , ~ . [ I I I I I I I I I I I I I I I I I I I I Reference No : 4507-4-6 Borehole No : 1 Enclosure No : 1 Client: ClARIi'lGTON 1:/0 Tolten Sim.5 Hubicki Project: Culverl Melhod: Auger lotation : Coneession N4, Bowmnnvillc Diameter: llOmm Datum Elevation: Gt(ldetk Date: June 11.2004 SUBSURFACE PROFILE SAMPLE I . I Water % C Plastic Limit ~ C Description . . liquid Limit ~ "0 ~ . " ;; . ~ I -; ... . Standard Penetration W~-OdW~ . ~ t:" C ;; ; ""1> 20 40 60 80 100 10 0 30 4 5 ; >. <: >. . .e: ;;; Q '" Z .....Z uu. I 0 ! Grllund Surface I I I , I I I ~ , J' I !.~S I I i -, i i J ! - 20mm Asphalt I - ( jLegentJ: . I I .tOOmm Grnnular Base I I )~ I I I I 'AS= ; J C , , j i lJ FILL .E 2 I SS I 19 lauger sample I j Fine snnd. compact. ~ I I I , trace of fine gruvel ~I I I I 1 . I j . j S5 I 101 - 98 I , ;\frJist ; 3 10 I 2-" t---: - FILL 51 I I I I I I I I I I I , ~I 155 i 2<j) I I i i -: 4 J , I i Mix of fine sand and topsoil. very I I I I I i , I I I I - lous~ 10 10t)5e. tl;:lrkgrc:l". some w-oo I ~I i I I i I I 3-" pieces .1 101 I I , ~ 5 I 55 I 8 I i ! - I 9(,.1, ., Wet j I i ! ! j - ~1 , I I I i i I I I ! ~ .... 4-: 1::;1: I I i ; SANDY SILT TILL i I I I I - I , I .: . Very dense:. gre)' ! - 'i! . ~. 'uv . I I 1(,) 5",! Damp to moist I;:"" I j I r,,"1 I I I I I I 9-1.6 ; . ,"I! I I ~ - ~. ~ I "'j I I i SILT TILL ~' I , i 6"'; <,~ i , I . Very dense. grey with frequenr vf1 I , 133 I IOU I I I I Y - . layers of (ine sand '~~ ! I I , .: I~.r I I I I , lloisl 93.1 1 7 '"'7 ~ ~ FINE SAND TILL I I , I , I" I I I - Very dense,grey .~ .~~ I .=.1-: I' I ~~ ! 8 I 55! IUD I ( ) , -- - .'Ioist i I ! 8--; End fir Borehole I I , I I i , - I I .: I I - i I I I i : I , I I I 9..1 i I I ! , W V.A. WOOD ASSOCIATES LIMITED DlskNo: Sheet: lor1 I I I I I I I I I I I I I I I I I I I CORPORATION OF THE MUNICIPALITY OF CLARlNGTON CONTRACT NO. CL2005-21 OPS GENERAL CONDITIONS OF CONTRACT (September 1999) I I I I I I I I I I I I I I I I I I I ONTARIO PROVINCIAL STANDARDS FOR ROADS AND PUBLIC WORKS GENERAL CONDITIONS OF CONTRACT SEPTEMBER 1999 I I I I I I I I I I I I I I I I I I I GENERAL CONDITIONS OF CONTRACT Table of Contents OPS Genonl Cond..... of~- ~ 1889 T_ of Conl8nls-1 GC 3.11.03 Additional Work ..................................................................................................... 12 GC 3.12 Notices................................................................................................................... 12 GC 3.13 Use and Occupancy of the Work Prior to Substantial Performance ..................... 13 GC 3.14 Claims, Negotiations. Mediation............................................................................ 13 GC 3.14.01 Continuance of the Work....................................................................................... 13 GC 3.14.02 Record Keeping.....................................................................................................13 GC 3.14.03 Claims Procedure .................................................................................................. 13 GC,,;3.14.04 Negotiations...... ................................................................................ .......... ........... 14 GC.,3.14.05 Mediation .................................................................................................... ........... 14 GC 3.14.06 Payment....................;........................................................................................... 14 GC 3.14.07 Rights of Both Parties............................................................................................ 15 GC 3.15 Engineering Arbibatlon ........................................................................................... 15 GC 3.15.01 Conditions for Engineering ArbilJation................................................................... 15 GC 3.15.02 Arbitration Procedure............................................................................................. 15 GC 3.15.03 Appointment of Arbitrator....................................................................................... 15 GC 3.15.04 Costs...................................................................................................................... 16 GC 3.15.05 The Decision.......................................................................................................... 16 GC 3.16 Archaeological Finds ............................................................................................. 16 SECTION GC 4.0 - OWNER'S RESPONSlBIUTlES AND RIGHTS GC 4.01 Working Area......................................................................................................... 17 GC 4.02 Approvals and Permits .............................................................................n........... 17 GC 4.03 Management and Disposition of Materials ..............n............................................ 17 GC 4.04 Construction Affecting Railway Property .............:..............................................:.. 18 GC 4.05 Default by the Contractor....................................................................................... 18 GC 4.06 Notification of Default............................................................................................ 18 GC 4.07 Contractor's Right to Conect a' Default.................................................................. 18 GC 4.08 Owner's Right to Correct Default........................................................................... 18 GC 4.09 Termination of Contractor's Right to Continue the Work....................................... 18 T..... 01 Conlenla . U OPS GeneIaI Coo ~II,.. 01 ConIr8cI.~ 1999 :1 il ,I a I I I I I I I I '1 I I I I I I I I I I I I I I I I I I I I I I I I I GC4.10 GC4.11 GC 4.12 GC4.13 Final Payment to Contractor.................................................................................. 19 Tennination of the Contract................................................................................... 19 Continuation of Contractol's Obligations............................................................... 19 Use of Perfonnance Bond ..................................................................................... 19 SECTION GC 5.0. MATERIAL GC 5.01 GC 5.02 GC S.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 ContractoI's Insurance........................................................................................... 24 General..................................................................................................................24 General Liability Insurance ................................................ .................................... 24 Automobile liability Insurance...............................................................................24 Aircraft and Watercraft4.iabilltylnsurance.........".....;."'........................................ 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 Insurence Requirements and Duration.................................................................. 26 Bonding..................................................................................................................27 SECTION GC 7.0 - CONTRACTOR'S RESPONSlBIUTlES AND CONTROL OF THE WORK GC 7.01 General.................................................................................................................. 28 T_ tiI ConIenIII.1Il OPS Genenl Cond_til~.SejlIIO..1ber 1_ GC 7.02 GC 7.03 GC 7.04 GC 7.05 GC 7.06 GC 7.07 GC 7.08 GC 7.09 GC'7.10 GC7.11 GC7.12 GC 7.13 ,'..... GC 7.14 GC7.15 Layout.................................................................................................................... 29 Damage by Vehicles or Other Equipment............................................................. 30 Excess Loading of Motor Vehicles ........................................................................30 Condition of the Working Area.............................................................................. 30 Maintaining Roadways and Detours...............................................................;...... 30 Access to Properties Adjoining the Work and Interruption of Utility Services....... 31 Approvals and Pennits .......................................................................................... 31 Suspension of Work .............................................................................................. 32 Contractor's Right to Stop the Work or Termlnata the Contract............................ 32 Notices by the Contractor.................;..................................................................., 32 Obslructions.............................................................................................;............. 33 Umitations of Operations ........................................................... ............................ 33 Cleaning Up Before Acceptance ........................................................................... 33 Warranty ................................................................................................................ 33 SECTION GC 8.0 - MEASUREMENT AND PAYMENT GC 8.01 GC 8.01.01 GC 8.01.02 GC 8.02 GC 8.02.01 GC 8.02.02 GC 8.02.03 GC 8.02.03.01 GC 8.02.03.02 GC 8.02.03.03 GC 8.02.03.04 GC 8.02.03.05 GC 8.02.03.06 GC 8.02.03.07 GC 8.02.03.08 . GC 8.02.03.09 GC 8.02.03.10 GC 8.02.03.11 Measurement.........................................................................................................35 Quantities................................................................................................. .............. 35 Variations in Tender Quantities............................................................................. 35 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 StatutoIy Holdback Release Certificate and Payment...................... 37 Certification of Substantial Performance............................................................... 37 Substantial Performance Payment and Substantial Performance Statutory Holdback Release Payment CllItIfic;ates............................................................... 38 Certification of Completion .................................................................................... 38 Completion Payment and Completion StatutoIy Holdback Release Payment Certificates ............................................................................................. 39 Interest.................................................................................... ............................... 39 Interest for Late Payment ...................................................................................... 39 Interest for Negotiations and Cl8ims..................................................................... 40 Owner's Set-Off ..................................................................................................... 40 T_ of ConIonlI-1v OPS Gene.... CalIcIIIlcIns 01 Conhct. SIPU'_ 1_ .1 ...1 ,I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 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 Records...............................................................................................41 GC 8.02.04.03 Payment for Worlc................................................................................................ 41 GC 8.02.04.04 Payment for Labour ...............................................................................................42 GC 8.02.04.05 Payment for Material ............................................................................................. 42 GC 8.02.04.06 Payment for Equipment.........................................................................................42. GC 8.02.04.06.01 Working Tune ........................................................................................................42 GC 8.02.04.06.02 Standby Time ........................................................................................................42 GC 8.02.04.07 Payment for Hand Tools..............................,.........................................................43 GC 8.02.04.08 Payment for Work by Subcontractors......................................:............................. 43 GC 8.02.04;09 Submission of Invoices.......................................................................................... 43 GC 8.02.05 Final Acceptance Certificate...............................................-...............................43 Payment of Workers ..............................................................................................44 Records ................................................................................................................. 44 GC 8.02.06 GC 8.02.07 GC 8.02.08 GC 8.02.09 Taxes and Duties...................................................................................................44 . liquidated Damages....................................................,..,......................................45.. OPS Gener8l Cond_ 01 ~. SeplomWr 11199 T_lllContenla.y I I I I I I I I I I I I I I I I I I I GC 1.01 Ontario Provincial Standards for Roads and Public Works September 1999 GENERAL CONDmONS OF CONTRACT SECTION GC 1.0 . INTERPRETATION C,ptions .01 The captiOns appearing In these General Conditions have been Inserted as a matter of convenience . and for ease of reference only and In no way define, limit or enlarge the scope or meaning of the General Conditions or any provision hereof. GC 1.02 Abbreviations .01 The abbreviations on the left below are commonly found In the Contract Documents and represent the organizations and phrases listed on the right "AASHTO" "ANSI" "ASTM" "AWG" "AWWA" "CESA" "CGSB" "CSA" "CWS" "GC" "MOE" "MTC" "MTO" "MUTCD" "OPS" -"OPSD" "OPSS. "PEON "SAE" "SSPC" "UL" "ULC" GC 1.03 American AssociatIon of State Highway Transportation Officials American National Standards InsIilute American Society for Testing and Materials American WII'8 Gauge - American Water Works AssociatIon Canadian Engineering Standards Association canadian General Standards Board canadian Standards Association canadian Welding Bureau General Conditions Ministry of the Environment (Ontario) Ministry of Transportation (Ontario) Ministry of Transporletion (Ontario) Manual of Uniform Traffic Control Devices, published by MTO Ontario Provincial Standard Ontario Provincial Standard Drawing Ontario Provincial Standard Specification Professional Engineers Ontario SocIety of Automotive Engineers structural Steel Painting Council Underwriters Laboratories Undarwrilers Laboratories Canada Gender and Singular References .01 References to the masculine or singular throughout the Contract Documents shall be considered to . ..include,the .feminlne and the plural and vice versa. as.the context requi.-es. GC 1.04 DefInitions .01 For the purposes of this Contract the following definitions apply: Actual Measurement: means the field measurement of that quantity within the approved limits of the Work. OPS 0ener8l CcIncIIlIclM of ConlI8ct. &.,AeI.1IIel 1899 Pagel 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 SubstantialPerlbnnance. , Change Directive: means any written instruction signed by the Owner, or by the Contract Administrator where~.so authorized, directing that a Change in the WoIk or Extra Work be performed. -~-" Change in the Work: means the deletion, extension, Increase, decrease or alteration of Unes, 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~e intended scope of the Contract. Change Order: means a written amendment to the Contract signed by the Cullbactur 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 Occupational Health and Safety Act, R.S.O. 1990, c.O.1, as amended and amendments thareto, the Contractor who executes the Contract. Contract: means the undertaking by the Owner and the Contractor to perform their respective duties, responsibilities and obligations as prescribed in the Contract Documents. Contract Administrator: means the person, partnership or corporation designated by the Owner to be the Owner's representative for the purposes of the Contract. .f ,1l',' Contract Documents: mean the executed Agreement between the Owner and the Contractor, the Tender, the General Conditions of Contract, the SUpplemental Ganeral Conditions of Contract, Standard Specifications, Special Provisions, Contract Drawings, addenda incorporated in a Contract Document before the execution of the Agreement, such other documents as may be listed in the Agreement and subsequent amendments to the Contract Documents made pursuant to the provisions of the Agreement Contract Drawings: or Contract Plans: mean drawings or plans, any Geotechnical Report, any Subsurface Report and other reports and information provided by the Owner for the Work, and without limiting the generality thereof, may include. soil profiles, foundation investigstion reports, reinforcing steel schedules, aggregate sources lists, Quantity Sheets, Cl'06S-6eCtions 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 ControI1lng Operation: IM8ns any component of the Work, which, If delayed, will delay the completion of the Work. f'IIge 2 ,OPS 0enenII ~ oIContnlct-s.~I.pdIeI1_ I .1 I I ,I I I I I I I, I I I I I I I I I I I I I I I I I I I I I I I I I I I Cost Plus: See "Time and Materiar. Cut-otf Date: means the date up to which payment will be made for work performed. Daily Work Records: mean daily Records detailing the number and categories of workers and hours worked or on standby; type$ and quantities of Equipment and number of hours in use or on standby; and description and quantities of Material utilized. Day: means a calendar day. Drawings: or Plans: mean any Contract Drawings or Contract Plans or any Working Drawings or Worldng 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 constructidlT'machineryancH!qulpmenL "" ., estimate: nieal1s' aCa1cu1atfon of the qiiantity'or'C6st'OHhEi'Work-or'Pllrt~/tIidependjng' on the context. ExtraWork: means work not proVided for in the Contract as awarded bui considered by the Contract . Administrator to bilessential' to the 'satisfactory' completion of the"Contract. within its . intended scope, Including unanticipated work required to comply with legislation and regulations.which affect theWork. Filllll Acceptance Certificate:' means the celtificat.. issued by the Contract Administrator at Final Acceptance of the Work. '. Final Detailed St8temerit: means a complete evaliJation prepared by the ContractAdmlnistlatu. showing . the quantities, unit prices and final dollar amounts of all items of work completed under the Contract, including variations in tender items and Extra Work, all as set out In the same general form as the monthly estimates. ForceAccount: See"Tme and Materiar. Geotechnical Report: means a report or other Information identifying soil, rock and ground water. . conditions'inthe 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 toolsor.implementsofcthe,tJacle 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 maybe given in the Contract Documents. Major.ltem:.meanumy tender Item. that has a value, calculated on the basis of its actual or estimated tender quantity, whichever is the larger, multiplied by its tender unit price, which is equal or greater than the lesser of, a) $100,000, or b) 5% of the total tender value calculated on the basis of the total of all the estimated tender quantities and the tender unit prices. Material: means material, machinery, equipment and fixtures forming part of the Work. . OPS General CondItlona cI ConlIKl- 8epIomber ,_ "-3 1..'--" -,..," ~ . ./. ..: ,--' :.;.. '. 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 - PorUand cement concrete, or plant or road mixed mulch. Performance Bond: means the type of security furnished to the Owner to guarantee completion of the Work in accordance with the Contract and to the extent provided in the bond. Plan Quantity: means that quantity as computed from within the boundary lines of the Work as shown in the Contract Documents. Project: means the construction of the Work as contemplated by this Contract. Quantity Sheet: means a list of the quantilieS of Work ID be done. Rate,~ Interest: means the rate determined by the Minister of Finance of Ontario-and issued by,and availa1;>,le from, the OWner. .....~1 Records: mean any books, payroUs, accounts or other information which reIale to the Work or any Change in the Work or claims arising therefrom. Roadway: means that part of the Highway designed or intended for use by vehicular traffic and includes the Shoulders. Shoulder: means that portion of the Roadway betWeen the edge of the wearing surface and the top inside edge of the ditch or fill slope. Special Provisions: mean special directions containing requirements peculiar to the Work. Standard Specification: means a standard practice required and stipulated by the Owner, for performance of the Work. Subbase: means a layer of material of specified type and thickness betWeen the Subgrade and the Base. Subcontnlctor: means a person, partnership or corporation undertaking the execution of a part of the Work by virtue of an agreement with the ContracIDr. .,'~."; Subgrade: means the earth or rock surface. whether in cut or fill. as prepared to support the Base. Subbll~ and Pavement .R~ SubsufJace Report: means a report or other information identifying the Iocalion of utilities. concealed and adjacent structures and physical obstructions which fall within the influence of the Work. Superintendent: means the Contractol's authoriZed representative In responsible charge of the Work. Surety: means the person, partnership or corporation, other than the ContraclDr, licensed in Ontario to transact business under the Insurance Act, R.S.O. 1990, c.l.a, as amended, executing a bond provided by the ContraclDr. 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 Time and Material Basis. Where "Cost Plus" and "Faroe Account' are used they shall have the same meaning. P.4 OPS GeneI8l C""dlllo". af ~- ......_1999 I I "-'1 ! - I I I I I I I I I I I I I I I I I I~ I I I I I I I I I I II I I , I I I UtIlity: means an aboveground or underground ilacility maintained by a municipality; public utility authority or regulated authority and includes Rrvices sucllu unitary _r, lltorm lleWer, water, eledric, gu, oil, llteem, data transmi$$ion, telephone and cable ~. Warranty Period: means the period of 12 month!; from the date of Sub$lantial Performance or such longer period as may be specified for certain Materials or $orne or aU of the Work. Where a date of Sub$lantial Performance i$ not amabli$hed, the Warranty Period shall commence on the date of Completion. Work: means the total construction and related service$ required by the Contract Documenm. Working Area: means' all the lands and 'eaRmenm owned or acquired by the Owner for the construction of the Work. Working Day: means any Day, a) except Saturdays, Sundays and statutory ho/idays; , b)'l!XCepfa' Dayas''detil'rilliled'bYlheContrsdt'AdniinistratOr;'OIi''Whiclt~1s'preyented by . 'inclementwe8lher or Cclndilioll$ resulting lmmediately1herefrom,'irom 1'lI~'8'Controlling .' 'operation." FOI'the. pUrposes 'of thi$definition, thiswill.be a'Day'Cluring'Which'theContractorcannot proceed with at least 60% of the normal labour and equipment,foree'effectiveIy engaged on the C0ntr0IIing Operation for at least 5 hours; c) except a Day on which the Contractor is prevented from proceeding with a ControUlng Operation, as determined by the Contract Administrator by reason of, i. any breach of the Contract by the OWner or if such prevention is due to the Owner, another contractor hired by the OWner, or' an emplOyee of any one of them, or by. anyone .eiseacting on behalf of the Owner. ii. on-delivery of Owner-$Upplied materials, Iii. any C8U$8 beyond the reuonable control of the Contractor which can be sub$lantiated by the Contractor to the satisfaction of the Contract Administrator. Working Drawings: or Working Plans: ' means any Drawings or Plans prepared by .the Contractor for the execution of the Work and may, without limiting the generality thereof, Include falsework plans, Roadway protection plans, shop drawings, shop plans or erection diagrams. GC 1.05 Substantial Performance .01 The Work is sub$lantially performed, a) when the Work to be' performed under the Contract or a'sub$lantiakpalt'thereof is'feady for use or is being used for the PUrp0$8 intended; and b) when theWorklo be peifOti11ed underthe:Contracti$"CSp<ible or C00l'lpletioo.-oFI-wheRlthere 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 PUrp0$8S of this Contract. where the Work or a sub$lantial paltthereof i$ ready for use or is being used for the PUrp0$8S intended and the remainder of' the Work cannot be completed . ,expeditiously for _.. beyond the control of the Contractor or, where the OWner and the Contractor agree not to complete the Work expeditiously, the price of the services or materials remaining to be supplied and required to complete the Work shaH be deducted from the Contract price in detennlning Sub$lanlial Performance. .ops Oenend Condlllans ofConlnlcl. ~,_1_ P8ge 5 GC 1.06 Completion .01 The Work shall be deemed to be completed and services or Matarials 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 ~n the lesser of, a) 1% of the Contract price; or b) $1,000. GC 1.07 Final Acceptance .01 Final Acceptance shall be deemed to occur when the Conti'act Administrator is satisfied that, to the best of the Contract Adminibbdtoi's knowledge 8tthat lime, the Contractor has rectified all imperfect work and has discharged all of the Contraclor's obligations under the Contract. GC 1.08 Interpretation of Certain Words .0.1. .'X/le words "acceptable", "approval", "authorizecI". "considered necessary", "directed". "required", .::~:~~, or words of like inport. shall mean approval of, directed, required, considered . , necessary or authorized by and acceptable or satisfactory to the Contract Aclminlslretor unless the context cIear1y incflClltes olhefwise. :1\:; ~.;;~,...; ;.11;,;.,.",,,. P8ge 6 OPS_C~lIIf,..oIContr8Cl.S ,I ,.b./ll1ll8 I , il t I I I I I I I I I I' I I I I I I I I I I I I I I I I I I I I I I I I SECTION GC 2.0 . CONTRACT DOCUMENTS GC 2.01 Reliance on Contract Documents .01 The Owner warrants that the information fumished in the Contract Documents can be relied upon with the fo/Iowing limitations or exceptions: a) The location of all mainline underground utilities which will affect the Work will be shown to a tolerance of: i. 1 m horizon1al and ii. 0.3 m vertical b) The Owner does not warrant interpretations of data or opinions expressed in any Subsurface Report available for the peru$Blof the Contractor alld excluded from the Contract Documents; and c) Other Information spedfically excluded from this warranty. GC 2.02 Order of Precedence .01 In the event of any inconsistency or conflict in the contents ofthe;toIIoWiiig documents, such documents shall take precedence and govem in the following order. a) Agreement b) Addenda c) Special Provisions d) Contract Drawings e) Standard Specificalions 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 theseme drawing; b) Drawings of larger scale shall govem over those of smaller scale; c) Detailed Drawings shall govern over general Drawings; and d) Drawings of a later date shall govem over those of an earlier date in the same series. .03 In the event of any conflict in the contents of Standard 'Specifications the following order of precedence shall govern: a) Ontario Provincial Standard Specifications; then b) Other Standard SpecificaIions, such as those produced by CSA; CGSB,'ASTM and ANSI, and referenced in the Ontario Provincial Standard Specifications. .04 The Contract Documents are complementary, and what is required by anyone shall be as binding as if required by all. " OPS GenenlI CancIIions of ~. S'r1''''' 1999 "'7 SEcnoN GC 3.0 ~ ADMINISTRAnoN OF THE CONTRACT GC 3.01 Contract AdminIstratOr's Authorjty .01 The Contract Administrator will be the OWner's representative during constnJclion 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 inslrucliOns from the OWner wiD be issued by the Contract Administrator. The Contract Adminibbator 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 specificatlons. agel to record the necessary data to establish payment quantities under the, schedule of tender 'i:jllantities and unit prices or to make an assessment of the value of the work completed in the case of .~~pmp sum price contract. .04 : ii1e Contract Administrator will determine the amounts owing to the Contractor unckir the Contract and will issue certifICates for payment in such amounts as provided for in Section GC 8.0, Measurement and Payment ,. .05 ~ .06 .07 '.-~' .08 .09 The Contract Administrator wIU with reasonable promptness review and take appropriate action upon the ContraclDr's submissions such as shop drawings, product data, and samples in accordance with the Contract Documents. The Contract Administrator willlnvesligale all allegations of a change in the character of the WorK made by the Contractor and issue appropriate instnJclions. The Contract Administrator wIU prepare Change Directives and Change Orders. Upon written applicalion by the Contractor. the Contract Administrator and the Contractor will joinUy conduct an inspection of the WorK to estabIlsh the date of Substantial Performance of the WorK , and/or the date of Complelion of the Work. The Contract Administrator will be, in the first lnstance. the Interpreter of the Contract Documents and the judge of the perfonnance 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. ';~i;:( -' ;'" .10 The Contract Administrator will have the authority to reject part of the Work or Material which does not conform to the Contract Documents. .11 Defective work, whether the result of poor 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 prompUy from the Work by the Contractor and replaced or re-executed prompUy in accorclance with the Contract Documents at no additional cost to the OWner. .12 Any part of the WorK destroyed or damaged by such removals, replacements or re-executions shall be made good. prompUy, at no additional cost to the OWner. .13 If. in the opinion of the Contract AdminIstrator. it Is not expedient to correct defective work or worK not performed in accorclance 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 Admln~. "'8 OPS 0eneI1I1 eoc_.. aI COniNct - II )lw.--1889 I I I I I I I I I I t I I I I I I I I I I I I I I I I I I I I I I I I I I I .14 Notwithstanding any inspections made by the Contract Administrator or the issUance of any certificates or the malting of any payment by the OWner, the failure of the Contract Administrator to rejeCt any defeCtive work or Material shall not constltute 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 exlla 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 'Dr3WinSl~.'ttl"tIil!"contract"~t,rifM"'tor with reasonable promptness and In orderly sequence so asto'notcause detay' in"tllllWooc'-1f'~ the Contractor or the Contract - Administrator so requests' they ShSU'jcilhtlyllrepanr'a'llChedlile -fixing the ,dates for submission and retum of Working Drawings. Wor1<lng'Orawingsshalkbe.submltted in printed form. />J. 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 accordance with an agreed upon schedule, or otheIwise, with reasonable promptness so as not to cause delay. .04 The Contract Administrator'Sreview will be tochEick forconformlty to the- design -concept and for general arrangement only and such review shall not reiieve 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.Admillhobator may requireconslstent with the Contract Documents and resubmit unless otherwise directed by, the Contract Adl11iniStrator. ' Whanresubmilting, the Contractor shall- notify the Contract Administrator in_ writing 'of any revisions other than those requeSted by the 'Contract Administrator. .06 Work ralated to the Working Drawings shall not proceed until the Working Drawings have been signed and dated by the Contract Administrator and marl<ed with the words ~Reviewed. Pennission to construct granted." - .07 The Contractor shall keep one set of the-reviewed Wor1<lngDrawlngs;.mafkecl;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 wrltlng, make alterations 'In the method. Equipment or work force at any time the Contract Administrator considers the Contractor's actions to be unsafe, or damaging to elther 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 shaR ensure that all necessary safety precautions and protection are mainlained throughout the Work. OPS Get'IillW CotICllllol. of c.nct - SepIInUr 1999 "'9 GC 3.l14 Emergency Situations ... .01 The Conbact Administrator has the right to determine the existence of an emergency situation, and when such an emergency situation is deemed to exist, the Conbact Administrator may instruct the ConbactQr to take action to remedy the situation. If the Contractor does not take timely action, or if the Conbactor is not available. the Conbact Administrator may direct others to remedy the situation. .02 If the emergency situation was the fault of the Contractor. the remecfl8l work shall be done at the Conbactor's expense. If the emergency situation was not the fault of the Conbactor, the Owner will pay for the remedial work. GC 3.05 Layout . .."," ....- ~ .' -~. .01" The Contract Administrator will provide baseline and benchmart< information for the generallocalion, , ..~nment and elevation of the Work. The Owner will be responsible only for the correctness of the ,~ provided by the Contract Administrator. ; GC :sf6 Working Area .< -_w..r. (", .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 Conbactor shall confine his construction operations to the Wor1<ing Area. Should the Contractor . require more space than that shown on the Contract Drawings, the Conbactor shall obtain such space at no additional cost to the Owner. .03 The Contractor shaH not enter upon or occupy any private properly for any purpose. unless the Contractor has received prior written permission from the property owner. GC 3.07 extension of Contract Time .01 An application for an extension of Contract Time shaJl be made in writing by the Contractor to the . Contract Administrator as soon as the need for such extension becomas evident and at least 15 Days prior to the expiration of the Contract Time. The application for an extension of Contract Time shall enumerate the reasons, and state the length of extension required. .02 "Cil:cumstances suitable for consideration of an extension of Conbact 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 wll. in considering an application for an extension to the Conbact Time, take into account whether the delays. Changes in the Wort<, Extra Wort< or Additional Wort< involve a Controlling Operation. .04 The Contract Time shall be extended for such additional lime 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. "-to OP$ Gener8l COlldllloCla of ~_ .....~ IIlllll I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I GC 3.08 Delays .01 If the Contractor is delayed in the performance of the Work by, a) war, blockades, and civil commotions, errors in the Contract Documents; an act or omission of the OWner or Contract Administrator, or anyone employed or engaged by them direclJy 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' Cbntract-Adininlstrator giving notice under subsection.GC .7.09; Suspension of Work; d) abnormal inclement weather; or 'e) 'archaeological finds In accordance with subsection GC 3.16; Archaeological Finds, then the Contractor'sh8U be'reimbursed by the OWner for-reasonableoosls incuIred by.the Contractor as the result of such delay. provided that in the case of an application for an extension of.Contract Time due toabnormal'lncIement'weathet.'ttie~'CdI'1b actor"stla/t,"wilh"lhe"'Gonlrec:to(.$..application, submit evidence' from Environment Canada in '.supportof such''8PJlIicatiort.'''IExtension' of,Contract Time will be granted in accordance with subsection GC:3,07.Exlension.of.ContractTune. .02 If the' Work is delayed by labour disputes, --strlkesor 1ock-ouls.-incIudin9Iock-ouls decreed or . recommended to its members by a'reoognizedcontractor's association, ofwhjch,the Contractor is a . - member or to which the Contractor is olhelWise. bound-which - are beyond the 'Contractor's control, then the Contract Tme shall"be'extehded'ln' acoordance 'with' subsection GC' 3,07; ,Extension of . Contract Time. In no case shall the extension of Contract Time be less' than the time Jostes the result of the event causing the delay, unless a shorter extension-is agreed to by the Contractor, - The Contractor shall riot'beenlilled to payment foroostsincurred asthe'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, withoulthe written consent of the OWner. GC 3.10 Subcontracting by the Contractor -. .01 The Contractor may subcontract 'any part of the Work; SUbject to these GenerelConditions and any limitations specified in the Contract Documents. .02 The Contractor shall notify the Contract Adniirtistrator;irrwriting';'...r II... h,b::.ltionlo sulMlllbacl. Such notification shall identify the part of the Work; and the Subcontractor wilhwhorrtlt-is intended. .03 The Contract Administrator will. within 10 Days'-ofreceipt of such notIfication;-accept or reject the intended Subcontractor. 'The rejection'will be 'in writing'and will include the reasons for the rejection. '.04 The Contractor shall not,wilhoulthe written consent of the OWner.' change a SUbcontractor- who has been engaged in accordance with subsection GC 3.10 Subcontractihg by the Contractor. .05' The Contractor shall preilerveandprotect the rlghts of the parties under the Contract with respect to " that-Jllllrt.of the,Work"t&be.perfonnedundersubcontract aOO shall, a) enter into agreements with the intended SUbcontractors to require them to perform their work in accordance with the Contract Documents; and b) be as fully responsible to the Owner for acts and omissions of the Contrector's SubcontrectorS and of persons direclly or indirectly employed by them as for acts and omissions of persons direclly employed by the Cohbactor. . , OPSGeneIaI~oICon118cl.S.pl._'881l "-" .06 The OWner's consent to subcontracting by the COllb.....tu. shall not be construed to relieve the Contractor from any obligation under the Contract and shall not impose any liability upon the Owner. Nothing contained in the Contract Documents shall create a contractual relationship between a SUbcontractor and the OWner. GC 3.11 GC 3.11.01 Changes Changes in the Work ;.;. .01 The OWner, or the Contract Admiuil.b..tur 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 ,'~~ Contractor may apply for an extension of Contract TIllle according to the terms of subsection GC 3.07, Extension of Contract TIllle. . . .03lf"the Changes in the Work relata solely to quantities, payment for that part of the Work will be made '.:aCcording to the conditions specilied in clause GC 8.01.02, Variations in Tender Quantities. If the '. Changes in the Work do not solely relata to quantities, payment may be negotiated pursuant to subsection GC 3.14, Claims, Negotiations, Mediation or payment may be made accotdlng to the conditions contained in clause GC 8.02.04, Payment on a TIllle and Material Basis. J,t " GC!S.11.02 Extra Work .01 The OWner, or Contract Administrator wtiere so authorized, may instruct the Contractor to perform Extra Work without invalidating the Contrael The Contractor shan 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 TIllle 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 TIllle and Material BasIs. GC 301M3 Additional Work .01 ~,"Owner, or Contract Administrator where so authorized, may request the Contractor to perform Mditional Work without invalidating the Contract. If the Contractor agrees to perform Additional Work, the Contractor shaA proceed with such Additional Work upon receipt of a Change Order. .02 The Contractor may apply for an extension of Contract Tirneaccording to the terms of subsection GC 3.07, Extension of Contract TIllle. ' .03 Payment for the Additional Work may be negotiated pursuant to subsection GC 3.14, CIairns, Negotiations, Mediation, or payment may be made accotding to the conditions contained in clause GC 8.02.04, Payment on a Tane and Material Basis. GC 3.12 Notices .01 Any notice permitted or required to be given to the Contract Administrator or the Superintendent in respect of the Work shan 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 man. "'-12 OPSOeneraI Coo_..IJ/~.Sepleo._1_ I I I I I I I I I ,I j I I I I I I I I I I I- I I I I I I I I I I I I I I I I I .02 The Contractor and thtt OWner shall provide each other with the mailing addresses, telephone numbers and facsimile "",,inal numbers for thtt Contract Administrator and thtt Superintendent at the commencement of thtt Work. .03 In the event of an emergency situation or other urgent matter the Contract Administrator or thtt SUperintendent may giVe a verbal notice, provided that such notice is confirmed in writing within 2 Days. ,04.Anynotice -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 ' Wher8'ltisnotcOntemplalede1sewhere in'the.Contract Documents;-the 'Qwner'mayuseor occupy the Work or any parl thereof prior.toSub$li!iifitililU"efJl:hll...m:er~,ano&t 30 Oays' written notice has been given to the Contractor. .02 The use or occupancy otthe Work or any parlthereofby1he'OWnerpriorto'Substanlial Performance shall not constitute an 'acceptance of the-Work'orpartsso'occupied: lri"addition, the use or occupancy of the WOrkshalli1ol teIIeve the Contractor or the Contractor's SUrety from any liabnlty that has arisen, or may arise; from the performance 'of 'the Work 'in 'accordance.with 'the- Contract ',Documents. The OWner will be responsible for any damage thet occurs because,of theOWner's use or ocCupancy. Such useor,occupancy of any part of the Workbythtt OWner does not waive the OWnel's ,right'to'-charge 'the,Contractor'tiquidaleddamages in accor<lance with the..terms of thtt Contract. GC3.14 GC 3.14.01 Claims, Negotiations, Mediation ContInuance of the Work '.01 Unless the Contract has been terminated or completed, thtt contractor shall in every case, after serving or receiving anynotilicalion-of a claim or dispute; .verbalor written, continue to proceed with the Work withdlle diligence and expedition; 'It is understood by 'the ,parties that such ,action will not jeopardize any claim It may have. . GC 3.14.02 Record Keeping .01 Immediately upon commencing work wh1c:h may resLlll'in a claim;1heContractor shaU keep Daily Work Records during the course of theWork,. slIfficIent'to' substantiate the Contractol's claim, and the Contract Administrator will keep Daily W~!t(I"be'Ulled'inllSbtllo..",Uie Contractor's claim, allin accordance with clause GC 8.02.07, Records. "- .02 The Contractor and the Contract Administrator shall reconcile their respective Daily Work Records on a daily-basis, to s1mpfrfy review of the claim,.when-submitted. .03 The keeping of Daily Work Records by the Contract Administrator or the reconcUing of such Dany Work Records with those of the Contractor shall not be construed to be acceptance of thtt claim. GC 3.14.03 Claims Procedure .01 The Contractor shall giVe verbal notice of any slluation which may lead to a claim for addllional payment immediately upon becoming aware of the situation. .02 The Contractor shan provide written notice In the standard form "Notice of Intent to Claim" within 7 Days of thtt commencement of any part of thtt Work which may be affected by the situation. 'OPS GeneNtColldlllol.oI Conlt8CI- 8 F I .... 18118 P8ll"13 .03 The Contractor shaH submit detailed claims as soon as reasonably possible and in any event no later than 30 Days after completion of the work &Ifected by the situation. The detailed daim shall: a) Identify the item or items in respect of which the dam arisas; 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 casas the 30 Days may be increased to a maximum of 90 Days with approval in writing from th~ Contract Administrator. .04 Wrthin 30 Days of the receipt of the Contractor's detailed daim, the Contract Administrator may request the Contractor to submit any further and other particulars as the Contract Administrator considers necessary to assess the 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 dalm, the Contract Admlnil;!; .du. shall advise the Contractor, in writing, of the Contract Administrator's opinion with regard to the vafldily of the daim. *'", GC3il14.04 Negotiations ~. . .01 '-Tile PBrlies shall make all reasonable effOr1s to resolve their dispute by amicable negotiations and agree to provide, without prejudice, open and timely disclosure of relevant facts, information, and ,documents to facilitate these negoIlalions. .02 Should the Contractor disagree with the opinion given in paragraph GC 3.14.03.05, with respect to , ,any part of the daim, the, Contract Administrator shall enter into negotiations with the Contractor to . resolve thtl matters in dispute. Where a negotiated settlement cannot be reached and it is agreed that payment cannot be made on a Time and Material basis In accordance with dause 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 daim is not resolved satisfactorily through the negotiation stage noted in dause GC 3.14.04, Negotiations, within a period of 30 Days foDowIng 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 ,,~with the partiestogelher and separately, as necessary, to review all aspects of the issue. In a final attempt to assist the parties in resolving the Issue themselves prior to proceeding to arbitration the mediator shall provide, without prejudice, a non-blnding recommendation for settlement .04 The review by the mediator shall be completed within 90 Days following the opinion given in pafBgreph 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 dalm will be made no later than 30 Days after the date of resolution of the claim or dispute. Such payment wHl be made according to the terms of Section GC 8.0. Measurement and Payment PIge 14 0P8 GenenlI Con.llhri'ja..., ConncI.. $Ipl8mber 1899 I I "'I J I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I GC 3.14.07 RIghts of Both Parties .01 It is agreed that no action taken under this subsection GC 3.14, Claims. Negotiations. Mediation. by either party shall be 'construed as a renunciation or waiver of any of the rights or recourse available to the parties. provided that the requirements set out in this subsection are fulfilled. GC3.15 GC 3.15.01 Engineering Arbitration Conditions for Engineering Arbitration .01 If a claim is not resolved satisfactorily through the negotiation stage noted in clause GC 3.14.04. Negotiations. or the mediation stage noted in clause GC 3.14.05, Mediation. either party may invoke the provisions 'of'subsection GC 3:15. Engineering Arbitration, by giving written notice to the other party. .02, 'Notification that arbitration Sllall be implemented to resolve thels$ue'Shallbe'c:ommunicatedin writing as soon as' 'possible and no 'later' than""60"aays~fOIlowilllr1he"Opinien''9iVen in paragraph GC 3.14.03:05. Where the use of a third pa!'t1'mediator was.-implemented: notification shall be within 120 Days of the opinion given in paragraph GC 3.14.03.05. .03 The parties shall be bound by the decision of the arbitrator. .04 The rules and procedures of the Arbitration Act, 1991. 8:0. 1991. c.17, asamendedi,shall apply to .any' arbitration conducted, hereunder except to the extent that they are modified by the express provisions of this subSection GC 3.15, Engineering Arbllration. 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 inrespElct of the matters under arbitration'w1I1'be's!ayed pending arbitration; b) All outstanding claims and matters to be seWed are to be set out ina schedule to Pie agreement Only such claims and matters as are in 1he schedule will be arbiti'ated; 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 Ar'bIbodvr :01 The arbitrator shall be mutually agreedup6rfby. .t"e'OWnet.'lll'Id'ieon~icate 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 ratar the matter to the Arbitration and Mediation Institute of .Ontal'io.lnc,n whiclhwlll 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 0.-1 CondIUo.....r ConlIIICl.~ 1_ ~15 .06 The arbitrator is not bound by the rules of evidence which govem the trial of cases in court but may hear and consider any evidence which the arbitrator considers relevant .07 The hearing will commence within 90 Days of the appointment of the arbitrator. GC 3.15.04 Costs .01 The arbitrator's fee shall be equally shared by the Owner and the Contractor. .02 . The fees of any independent experts and any other persons appointed to assist the arbitrator shall be shared equaUy by the Owner and the Contractor. .03 The arbitration hearing shall be held in a place mutually agreed upon by. both parties or in the event the parties do not agree, a site shall be chosen' by the arbitrator. The cost of obtaining appropriate facilities shall be shared equally by the Owner and the Contractor. ~~~"..-"'<<t... c '_ . ~ .04 'Tile arbitrator may, in his or her discletion, award reasonable costs, related to the arbitration. GC 3:15.05 The DecIsion 0;,: .01. The reasoned decision will be made in writing within 90 Days of the conclusion of the hearing. An extension of time to make a decision may be granted with consent of both parties. Payment shall be made In accordance' with clause GC 3.14.06, Payment GC3.16 Archaeological Finds .....-; .01 If the Contractor's operations expose any items which may indicate an archaeological find, such as building remains, hardware, accumulations of bonas. 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 thai such notice is confirmed in writing Within 2 Days. WO/l( shall remain suspended within thai area until otherwise di/'llCled by the Contract Administrator in writing, in 80c0rdance with SUbsection GC 7.09, Suspension of Work. .02 Any delay in the completion of the Contract that is caused by such a suspension of Work will be considered to be beyond the Col,baGtoi's control in accordance with paragraph GC 3.08.01. . .03 Any work di/'llCled or authorized in connection with an archaeological find will be considered as Extra , .:. ~O/l( in accordance with clause GC 3.11.02, Extra Work. ;1t _ :,.... ":..o.~ ~{ Page 16 OPS ~ CondIllono..ofConlnlcl-......- 19911 I I I I I I I I I I I I I I I I I I I I I' I I I I I I I I I I I I I I I I I GC 4.01 SECTION GC 4.0 . OWNER'S RESPONSIBILITIES AND RIGHTS Working Area .01 The Owner will acquire all property rights which are deemed necessary by the Owner for the construction of the Work, including temporary working easements, and will indicate the full extent of the Working Area on the Contract Drawings. :02 The Geotechnical Report and,Subsurface Report'whichwill be provided by the OWner as part of the tender documents shall fonn part of the Contract Drawings. GC 4.02 Approvals and Pennlts .01 The Owner will pay for all plumbing and building permits. .02 The OWner will obtain and pay for all,permits,lic:enses-and :c:ertlficates::l)'.::re.quilBd: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. theWorldngArea, and any characteristics' of1hose materials which will necessitate special materials management and disposition. "":02br aobOItIance'With-regullitions under the OCcupatiotlal Health.and'SafetyAct; R:S.O..19900 c.O.1, as amended, the Owner advises that a) the designated substances silica, lead and arsenic are generally present throughout the Working ~ occurring naturally or as a result of vehicle emissions: b) the designated substance asbestos is present in asbestos conduits for utiities; , c)'t1l1HOIlowing .. hazardous. materials are-ordinarily present in construction: aclivitias:' limestone, gypsum, marble, mica and Portland cement; and d) exposure -to 1hesesubstances may 'occur as 'a result of .activlties by the Contractor such as sweeping, grinding, crushing,driBing, blasting; cutting and abrasive blasting. .03 The Owner will identify in the Contract Documents any designated substances or hazardous materials other than those identified above and their location in the Working Area. .04 If the Owner or Contractor cflSCOVers or.iS advised -of.,the. prasence'..oLdesignatedsubstances or hazardous. materials which are in addition to those listed in paragraph GC. 4.03.02, or not clearly identified inthe'Contract'Documents.~'lJll~:as:e~verba"notice will be provided to the other party immediately with .written confinnation .within'2Days.The Contractor will stop work in the area 'immediatelyand will' determine the necessary. steps required to complete the work in accordance with applicabie 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 'ContractDocuments, 'or where conditions exist that could not have been reasonably foreseen at the. time of tendering. All work under this paragraph shall.bedeemedto,be.Extra Work. .06 Prior to commencement of the Work, the Owner will provide to the Contractor a list oftl1osE! products controlled under the Workplace Hazardous Materials Information System or WHMIS, which the Owner will supply or use on the Contract, together with copies of the MaterialsSafety' Data Sheets for these products. All containers used In the application of products controlled under WHMIS shall be labelled. The Owner will notify the Contractor in writing of changes to the list and provide relevant Material Safety Data Sheets. OPS General CondlIlons 01 CanInlct. 8.pllo_lllll1l PIIge 17 -"""",- GC 4.04 ConstnIction Affecting Railway Property .01 The OWner win 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 WOIk. GC 4.05 Default by the Contractor .01 The Contractor shan be in default of the Cu.lbaGllf. a) the Contractor fails to commence the Wort or execute the Wort properly or otherwise fails to comply with the requirements of the Contract to a subslantial degree; or' b) if the Contractor is adjudged bankrupt or makes a general assignment for the benefil of creditors because of insolvency or if a receiver is appointed because of insolvency. . GC 4.06 /~fi; .Ot.'~ OWner will give written notice of a default to the Contractor as soon as .the OWner becomes .. ..aWare of the aUeged 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. . Notification of Default GC 4.07 Contrac:tor'8 RIght to Correct. Default .01 The Contractor shall have the right within the 5 full Working Days following the receipt of a notice of default to correct the default and provide the OWner with satisfactory proof that appropriate correctlve 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 shaH not be in default if the Contractor. a) commences the correction of the default within the 5 fuO Working Days following receipt of the notice; b) provides the OWner with an acceptabie schedule for the progress of such correction; and c) complates the correction in accordanc:e with such schedule. GC 4.08 0Wne.... RIght to Correct Default .01 If the Contractor fails to correct the default within the time specified in subsection GC 4.07. ",ientractor's Right to Correct a Dafault, or subsequently agreed upon. the OWner; . without prejudice to . ..;!Igy other right or remedy the OWner may have, may correct such default and deduct the cost thereof, as..certified by the Contract Administrator, from any payment then or thereafter due to the Contractor. GC 4.09 Termination of Contractor's RIght to Continue the Work .01 Where the Contractor fails to correct a default within the time specified in subsection GC 4.07. ContracIor's Right to Correct a Default, or subsequently agreed upon, the OWner, without prejudice to any other right or remedy the OWner may have. may terminate the 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 Wort in whole or in part, the Owner will be entiUed to, a) lake possession of the Working Area or that portion of the Working Area devoted to that part of the Wart terminated; b) utilize the Equipment of the Contractor and any MalBrIaI within the Working Area which is inlanded to be incorporated into the Work, the whole 8Ubject to the right of third parties; c) withhold further payments to the Contractor with l8SpIlCt to the Wort or the portion of the Wort withdrawn from the Contractor untO the Wort or portion thereof withdrawn is completed; P8ge 18 OPS Gennl CoIldllb.. oI.ConlnicI. S,...lI...obeI ,. I I ,I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I d) charge the Contractor the additiOllaI 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 : GC7 .15. Warranty. exceeds the allowance provided for such corrections. GC4.10 Final Payment to Contractor .01 If the Owne~s cost to correct and completec!h&':'Work'incWhoIe'orin:parUs;/ess than the amount withheld', from the' Colmactol"undersubsection"GC4.09.:T<<mlnation:,C)f~.,contractol:'s Right to Continue the Work,'the Owner will pay the:bl!ilance'to :thEteontractor"8S'SoOIl;lsthe finai accounting for the COntract is complete. GC4.11 Termination of the Contract .01 Where the COntractor is in default of the COntract the Owner may. without prejudice to, any other right or remedy the Owner may have. tennlnatetheContract by glvingwritten notice of termination to the Conlractor.the'Suret}"and lInytrustee~orreceiveractlng on behalf of-the CoIdlactor'sestate or creditors. .02 If the Owner elects to terminate the Contract the Owner will provide the Contractor and the trustee or receiver with a complete accounting to the date of termination. GC 4.12 COntinuation of Contractor's Obligations .01 The Conlracto~s obligation under the Contract as toqualltyr eorrection and warranty of the Work performed prior to the time of termination of the Contractor termination oftheCon~s right to continue with the Work In whole or In part shall continue to be in force after such termination. GC 4.13 Use of Performance Bond .01 If the Contractor is in default of the Contract and the'Cohtractot'has'providEK,tll Performance Bond. the provisions of this Section shall be exerc:ised'in'aecordancewilhthe.1lllI1dItlElll$ of~ Performance Bond. -, 0P8 G.n...H:ondlllcll.~ ConlIacl. ~,Ibet 1. .....18 GC 5.01 SECTION GC 5.0 - MATERIAl Supply of Material .01 All Material necessary for the proper completion of the Work, exceptlhat listed as being supplied by the OWner, shall be supplied by the Contractor. The Conllacl price for the appropriate lender 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. .02 Material supplied by the Contractor shall conform to the requirements of the Contract. :~ .~ .;',. ~ .. .03 .'JiS speclfied or as requested by the Contract Administrator, the Contractor shall make available for .:>iS~pection or le$ting a sample of any Material to be supplied by the Contractor." .:.:i:,.".- .. .04. >The Contractor shan obtain for the Contract Administrator the right to enter upon the premises of the Material manufacturer. or supplier to carry out suell inspection, sampling and testing as specified or a ~ requested by the Contract Administrator. .05 The Contractor shall notify the Contract Adminilob.... of the sources of supply sufficiently in advance of the Material shipping dates to enable the Contract Administrator to perform the required inspection, '"sampling and testing. . .06 The OWner will not be responsible for any delays to the Cohbactui's oPerations where the ConlIaclor fails to give sufficient advance notice to the Contract Administrator to enable the Contract Administrator to carry out the required inspection, sampling and testing before the scheduled shipping date. ......... ")~ ,- .07 The Contractor shall not change the source of supply of any Material without the written authorization of the Contract Administrator. .08' Material which is not specified shall be of a quality best suited to the purpose required and the use of such Material shall be subject to the approval of the Contract Administrator. GC 5~ Rejected Material .01 . ~~ Material shaft be removed from the Working Area expeditiously after the nolificalion to that effect from the Contract Administrator. Where the Contractor fails to comply with such notice the Contract Administrator may cause the rejected Material to be removed from the Working Area and disposed of in what the Contract Administrator considers to be the mosl appropriate manner and the Contractor shall pay the costs of disposal and the appropriate overhead charges. GC 5.04 Substitutions .01 Where the speclfications require the Contractor to supply a Material designated by a trade or other name, the Tender shall be based only upon supply of the Material so designated, which shall be regarded as the standard of quality required by the specification. After the acceptance of the Tender, the Contractor may apply to the Contract Administrator to substitute another Material identified by a different trade or other name for the Material designated as aforesaid. The application shall be In writing and shall state the price for the proposed subelitute Malerial designated as aforesaid, and such other Information as the Contract Administrator may require. "-De 20 OPS 0enenI1 ConclIlIons OIConlJact-lleplember 1999 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I .02 Rulings on a proposed substitution will not be made prior to the acceptance of the Tender. Substitutions shall not be made without the prior approval of the Contract Administrator. The approval or rejection of a- proposed substitution will be made at the discretion of the Contract Administrator. .03 . If the proposed substitution is approved by the Contract Administrator, the Contractor shall be entitled to the first $1000 of the aggregate saving in cost by reason of such substitution and to 50% of any additional saving in cost in excess of such $1000. Each such approval shall be conveyed to the , Contractor in writing 'or by Issuance of aCertificale of Equality on the OWner's .standard form of . .Certlfication 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 Exc_ Material .01 Where Material is supplied by the OWner;;andtwhere ,this1:Materiat!js:~~ the Contractor in excess of the amount specified to complete -the Work;;:such,~s'Malelial shall ;become the property of the Cohbactor on completion of the Work and shall be chaIged to the Contractor at cost plus applicable overheads. GC 5.05.02 Care of Material . .01 "The Contractor shall; in advance of receipt of shipments of Material.supplied by the Owner. provide. adequate and properstonlge facilities acceptable to the Contract Administrator,and-onthereceiptof 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 expense to the OWner. and. to the satistaction of the Contract Administrator;. If such Material is rejected by the' Contract Admlnistratorfor reasons which are not the fault of the Contractor it shaH 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.deliverypolntin a,'damaged condition or where there are discrepancies between the quantities -"received"and1'1be.::qu-dl.Utlt....;shown on the bills of lading. the Contractor shall immediately;seport'suchdamagei,or;d~to the Contract Administrator who shall arrange for an1'irmnecliate";il~w:.~t'and-provide the Contractor with awrilten release from responsibility for such damage or,deficlencles. Where damage ordeficlencies are not so reported it will be assumed that the'shipment arrived in good order and any damage Or deficiencies reported thereafter shan be made good by the Contractor at no extra cost to the OWner. .04 The full amount of Material supplied by the OWner in each shipment shall be accounted for by the Contractor and such Material shall be at the risk of the Contractor after taking delivery. Such Material shall not. except with the.writtenpermission 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 originel purpose and shall be disposed of by the Contractor unless otherwise specified in the Contract Documents. ' , OPS Genenl. CCIncIItiona of ConIrac:I-lIo.pIIoo....., 11189 PIge 21 .06 The Contractor shall provide the Contract Adminitobatu.~ immediately upon receipt of each shipment, copies of btlls 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. ~ '. .4~:_.- .:~:. ,='~ . ''l'.r, Page 22 oPS GenenlI Cond_d ~. ......'lIler 1_ I .1 , I I I I I I ,I f I I I I I I I I I I I I I I I I I I I I I I I I I I I I SECTION GC 6.0 -INSURANCE, PROTECTION AND DAMAGE GC 6.01 Protection of Work, Persons and Property .01 The Contractor, the Contractol'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 adminislered according to these General Conditions. .03 The Contractor shall immediately inform ,the'ContractAdministralorof1lll"'damage and injuries which occur during the tenn of the Contract. .04 The Contractor shall not be responsible for1oss and damage'that occurs as a result of, a) war; b) blockades and civil commotions; c) errors in the Contract Documents; or d) acts or omissions of the OWner, the Contract Administrator, their lI9errts and employej!s" or others not under the control of the Contractor, but within the Working Area with the OWner's pennisslon. .05 The Contractor and his Surety or Sureties shall not be released from any tenn 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 hannless the Owner and the Contract Administrator, their lIgents, officers 'and employees from and' against all claims. demands, losses, 'expenses, "costs, damll98S, actions, suits, or proceedings by third parties" hereinafter called "cIain1s", directly or indirectly arising or alleged to arise out of the perfonnance of or the failure to perform the Work, provided such claims are, a) atbibutableto bodily injury, sickness, disease, or death or to damage to or destruction of tangible property; b) caused by "lI91igant acts or omissions''Ofthe'Contractor of'anyone,for:whose acts the Contractor may be Hable; and c) made in writing within a period of 6 years from the dateofSubstantial'Perfonnanceof the Work as set out in the Certificate of SUbstantial Per10nnance 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 hannless the Owner from all' and every claim for damages, royalties or fees for the Infringement of any patented invention or copyright occasioned by the Contractor in connection with the Work perfonned' or Material fumished by the Contractor under the Contract. .03 The Owner expressly waives the right to indemnity for claims other than those stated above in paragraphs GC 6.02.01 and GC 6.02.02. .04 The Owner shall indemnify and hold hannless the Contractor, his agents, officers and employees from and against all claims, demands, losses, expenses, cOsts, damages, ac:Ilons, suits, or proceedings arising out of the Contractor's perfonnance of the Contract which are attributable to a lack of or defect il) title or an alleged lack of or defect in !iUe to the Working Area. .. >OPS General CondlllOnul' COIIIracI- SejlIlo.._ tll99 hge 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 Without restricting the generality of subsection GC 6.02, Indemnification, theContraclor 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 ~neral liability insurance shall be in the name Of the Contractor, with the OWI)er and the Contract '. ."inistrator named as additional insureds. with limits of not less than 5 million}lollars inclusive per ,q;purrence for bodily injury, death. and damage to property including loss at.use thereof, with a :Piperty damage deductible of not mOle than $5000. The form of this inSUlance shall be the J9surance Bureau of Canada Form IBC 2100, datlld 8-87. . .02+Another form of insurance equal to or better than that required in IBC Form 2100 may be used, provided all the requirements listed in the Contract are included. Approval of this insurance will be conditional upon the Contractor obtaining the serviceS of an insurer licensed to undelWlite insurance in the Province of Ontario and obtaining the insurel's certificate of equivalency to the required insurance. ....,,;,,- .03 The insurance shllIl be maintained continuously flOm the commencement of the Wlllk until 12 months following the date of Substantial Performance of the Wlllk, as set out in the Certificate of Substantial Performance of the Wlllk, or until the Final Acceptance Cartlficate is issued, whichever is later, and with respect to completed operations coverage for a period of not lass than 24 months flOm the date of Final Acceptance of the Wlllk as set out in the Final Acceptance Certificate, and thereafter to be maintained for a further period of 4 years. .04, The Co.lbaClO( shaa submit annually to the OWner, proof of contInuallon of the completed operations . coverage and if the Contractor fails to do so, the &mitallon period for claiming indemnity described in paragraph GC 6.02.01 c), wDl not be binding on the Owner. .05 $~uld the Contractor decide not to employ Subcontractors for operations requiring the use of 8lQ:lIosiVes for blasting, or pile driving or caisson work, or removal or weakening 9f support of property ~~Ing or land, IBC Form 2100 as required shalllnolude the appropriate endo~ents. :11t,..", .06 The policies shllIl be endorsed to provide the Owner with not less than 30 Days' written notice in advance of cancellation, change or amendment restricling coverage. .07 "Claims Made" insurance policies will (lOt be permitted. GC 6.03.03 Automobile Liability Insurance .01 Autornobileliabllity insurance In respect of licensed vehicles shall have limits of not less than 5 million . dollars,incIusive per occurrence for bodily Injury, death and damage to property, in the following forms eI1dorSed to provide the Owner with not less. than 30 Days' written notice In advance of any cancellallon, change or amendment restricting coverage: a) ~ non-owned autornoblle policy including l!l8ndard 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. PIIge 24 OPs ~ COlldllo"s,al Conlr1Icl. Sep_ 1889 -- I .1 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I GC 6.03.04 Aircraft and Watercraft Uablllty Insurance .01 Aircraft and watercraft liability insurance with respect to owned or non~ aircraft and watercraft if used directly or indirecUy in the perfonnance of \he Work, including use of additional premises, shall be subject to liniits of not less than 5 million dollars inclusive per occurrence for bodily injury, death, and damage to property including loss of use thereof, and limits of not less than 5 million dollars for aircraft passenger hazard. . SUch insurance shall be in a form acceptable to the Owner. The policies shall be endorsed to provide the OWner with not less than 30 Days' written notice in advance of cancellation, change or amendment restricting coverage. GC 6.03.oS GC6.03.0S.01 Properly and Boller Insurance Property Insurance ." .01' AJlrisks property insurance shall be In\he.name.ofthELCOillraCtor..,WiIIUb~er'andthe Contract Administrator named . as additional insureds, .insuring:not.: Iess:.tban;;\he';sulJt''Ol'\he .amount of \he Contract price and \he full value, as may..be"stated~iIlJbe.,;S/.I~\:rtli!"'Ge$leral.Condltions, of . Material :thatisspecified to be provided: by:-.the"0WrleI';1ot~n.~'irito ,\he ,Work, with. a deductible not exceeding 1% of \he amount insured at the site of1heWork. This insurance shall be in sform acceptable to \he OWner and shall be maintalned conlinuously until.10 Days after \he date of Fmal Acceptance of the Work, as set out in \he Final Acceptance Certificate. GC 6;03.05.02 Boiler Insurance . '.0.1 "BollerinSuranceinsilring: the interests of \he Contractor, the OWner:and \he ContractAdministrator for not less than the replacement value of bollers and pressure vessels. forming part of \he Work, shaH be In a form acceptable to \he Owner. This insurance shall be maintained conlinuously from commencement of use or operation of the property Insured unbl 10 Days after the date of Final Acceptance of the Work, as set out in \he Final Acceptance Certificate. . GC 6.03.05;03' 'Use and OccUpllncy oftheWork'Priorto Completion .01 Should \he Owner wish to use or occupy part or all of \he Work prior.to SUbstentialPerformance, \he OWner will give 30 Osys'writteri notice to the'Contractor of \he intended purpose and extent of such use or occupancy. . Prior to such use or occUpancy the Contractor shall notify \he Owner in writing of \he additional premium cost, if any. to maintain property and boiler insurance, which .shall be at the Owner's expense. Ifbeceuse of such use or OIXUpancy the ContractorJs unable to provide . coverage;' the Owner upon written notice from ;the~Contractor'and:prior;~:suCb;useor. occupancy shall provide,' maintain and pay for Propertyand,.bdilel",Jrisuranceinsurin9"Jbe,JIiII....alue of \he Work, including coverage for such use or occupancy;oandshalhprovide.\he'GontJ:llCtorNlli\hproof of such insurance; . The Contractor shall refund' to the OWner \he uneamed ,premiums' applicable .to the Contractor'$ policies upon termination of coverage. .02 The policiesshaU 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 bdth the Owner and \he Cot.b....tor for \he purpose of adjusting the amount of such loss or damage payment with the insurers. When \he extent of \he loss or damage is determined \he Contractor shall proceed to I9store \he.work. Loss or,.clamage shall not affect the rights and obligations of either party under the Contract except th. the Contractor shall be entitled. to such. reasonable extension of Contract Time relative.tothe extent of \he loss or damage as the Contrllct Administrator may decide In consultation with the COntractor. OPS ~ Condillona ofConlnld. Slpll._,999 Pogo 25 -- GC 6.03.05.04 Payment for Loss or Damage .01 The Contractor shaH be entitled 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 entiUed to receive from the payments made by the insurers the amount of the Contractor's interest in the restoration of the Work. ~:'",-,"j .02 The Contractor shall be responsible for deductible amounts under the poficies except where such amounts may be excluded from the Contractor's responsibOity by the terms of this Contract. .03 In the event of a loss or damage to the Work arising from theaclion or omission of the Owner or others, the Owner shall pay the Contractor the oost 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 ln8ufance .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 shaH not allow subrogation claims by the insurer against the Owner. The policies shaft be endorsed to provide the OWner with not less than 30 Days' written notice in advance of 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 W8ive 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 othelWise the duration of each insurance policy shall be from the date of commencement of the Work until 10 Days after the date of Final AccepIance of the Work, as set out in the Fmal Acceptance Certificate. .02 The Contractor shall provide the Owner, on a form acceptable to the Owner, proof of insurance prier 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, prompUy provide the Owner with a certified true copy of each insurance policy exclusive of information pertaining to premium or premium bases used by the insurer to determine the cost of the insurance. The certified true copy shall include a signature by an officer of the Contractor and in addition, a signature by an officer of the insurer or the underwriter or the broker. .04 Where a policy is renewed the Contractor shall provide the Owner, on a form acceptable to the Owner, renewed proof of insurance immediately following completion of renewal. .05 Unless specified otherwise the ec."b....1or shaH be responsible for the payment of deductible amounts under the porrcies. .06 If the Contractor fails to provide or maintain insurance as required in subsection GC 6.03, Contractor's Insurance, or elsewhere in the Contract Documents, then the Owner will have the right to provide and maintain such insurance and give evidence thereof 10 the Contractor. The Owner's cost thereof shall be payable by the Cuo,b...Auf 10 the Owner on demand. "- 26 OPS ~IColldlIlOIl. of ConIrIIcl. Seplamber 1999 - I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I .07 If the Contractor fails to pay the cost of the insurance placed by the OWner within 30 Days of the date on which the Owner made a formal demand for reimbursement of such costs the Owner may deduct the costs thereof from monies which are due or may become due to the Contractor. GC 6.04 Bonding .01 The Contractor shall provide the Owner with the surety bonds in the amount required by the tender documents. :02 SUch 'bonds shali be jS$ued 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. ' ",QPSGenenlI Conditions of ContJacl. Septo...... 1999 Page 27 - SECTION GC 7.0 - CONTRACTOR'S RESPONSIBILITIES AND CONTROL OF THE WORK GC 7.01 General IF .01 The Contractor warrants that the site of the WorK has been visited during the preparation of the Tender and the character of the WorK and all local conditions which may affect the performance of the WorK are known. .02 The Contractor shall not commence the WorK nor deliver anything to the Working Area until the . Contractor has received a written orderto commence the Work, signed by the Contract Administrator. .03 The Contractor shall have complete control of the WorK and shall effectively direct and supervise the WorK so as to ensure conformitY with the Contract Documents. The Contractor shall be responsible for construction means. methods. techniques. sequences and procedures and for coordinating the lIlUious parts of the Work. ~;,.~ .04 The Contractor shall have the sole responsibl6ty for the design, erection, operation, maintenance and ,;:~oval of temporary structures and other temporary facilities and the design and execution of ',,~nstruction methods required in their use. .0S"Notwithstending 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 speclfied 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. , ":# -",~y- ~,/': -t,ii ..:.~1' . ';:, .06 The Contractor shall execute the terms of the Contract in strict compliance with the requirements of the Occupational Health and Safety Act, R.S.O. 1990, c.O.1 (the "Act") and Ontario Regulation 213/91 (which regulates Construction Projects) and any other regulations under the At;t (the "Regulations") which may affect the performanoe of the Work, as the "constructor" or "employer", as defined by the I'd, as the case may be. The Contractor shall ensure that a) worKer safety Is given first priority in planning, pricing and performing the WorK; b) its officers and supervisory employees have a worKing knowledge of the duties of a "constructor" and "employer" as defined by the At;t and the provisions of the Regulations applicable to the Work, ,and a personal commitment to comply with them; eta copy of the most current version of the At;t and the Regulations are avaUable at the Contracto~s _~office within the Worl<ing Area. or, in the absance of an office. in the possession of the supervisor . _~ponSible for the performanoe of the Work; . ,<!t,W9rl<ers employed to carry out the WorK possess the knowledge, skills and protective devioes '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-stert meeting, and shall respond prompUy to requests from the Owner for confirmation that its methods and procedures for carrying out the WorK comply with the At;t and Regulations. The Contractor shall cooperate with representatives of the Owner and inspectors appointed to enforce the At;t and the Regulalions in any investigations of worKer health and safety in the performance of the Work, The Contractor shall indemnify and save the Owner harmless from any additional expensa which the OWner may incur to have the WorK performed as a result of the Contractor's failure to comply with the requirements of the I'd. and the Regulations. ~28 OPS 0enerII1 ~,ct.ConlIact.s...-.,""r 1999 I .1 'I I I I I I I ,I I I I I 1 I I I I I I I I I I I I I I I I I I I I I I I I .08 Prior to commencement of the Work the Contractor shall provide to the Contract Administrator a list of those products controlled under the Workplace Hazardous Materials Information System or WHMIS, which the Contractor expects to use on the Contract. Related Materials Safety Data S!leets 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 whHe any work is being performed, to actfor or on the Contractor's behalf. Prior to commencement of construction, the Contractor shall . notify the Contract Administrator of thenames;,addresses,. posltionsand, telephone numbers of, the . Contractor's representatives who can be contacted at any time to deal with matters relating to the Contract. . .10 'TheContractor'shall;-atno'liddltional cost.to.the'OWner; fumish an reasonable aid. facilities and . assistance . required, by the Contract Admii1ill1nltorjfo~jler-inspeetlolkendexamination of the Work or the'taking of measurements forthelflurpose.of.payment. . .11 The Contractor shall prepare, and Update asrequired;a:constJ:uctiOllcSCheduktindicating theti/nlng of the major and criticalactlvities of the Work.'The schedule' shall be designed to ensure conformity with the specified Contract Time. The schedule shall be submitted. to the Contract Adn;1inistrator within 14 Days from the date of the Contract award. . .12 Where the Contractor finds any error. inconsistency or'omisslonrelatingtothe Contract, the ,..ContractorshaJl prompUy-report It to the.ContractAdministrator and shall not proceed with 'the activity affected until teeeiving-direction from the Contract Administrator. .13 The Contractor shan arrange with the appropriate utility authorities for the stake out of an 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). GC7.02 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, an as shown on the Contract Drawings. .02 The Contractor shan be responsibleforthe"preservationofall"property'blIi'$?whHe the Work is in progress, excaptthose property bars,whletr,ntusti.be"removedAQ,;facilltate'l,fhe Work. .Any other proj)ertybars diStilrbed. damaged or removed by the Contractor's operations-shall be replaced by.an Ontario Land Surveyor, at the Contractor's expense. .03 At no extra cost to the OWner, the Contractor shan 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 an fines and grades necessary for construction. The Contractor shall notify the Contract Administrator of any layout work carried out, so that the same may be checked by the Contract Administrator. .05 The Contractor shall install and maintain substantial alignment markers and secondary benchmarks as may be required for the proper execution of the Work. The Contractor shall supply one copy of all alignment and grade sheets to the Contract Administrator. . .. OPSa-ra.CondIIIona 01 Connct- s.......1ber 1899 "'28 - .06 The Contractor shall assume full responsibility for alignment, elevations and dimen$ions of each and 811 parts of the Work, regardless of whether the Contractor's layout work has been checked by the Contract Administrator. ' .07 All stakes,. marks and reference points provided by the Contract Administrator shall be carefully preserved by the Contractor. In the case of their deetruclion 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. 'l.:~<:~ GCi: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 sh8II, on the ~ of the Contract Administrator. and at no extra cost to the OWnet:i"make changes or ~ns for such vehicles or equipment, and sh8II alter loadings, or in some other manner, ,,'i-lOve the cause of such damage to the satisfaction of the Contract Administrator. ~ ..~ .-.' GC 7.b4 Ex< lIS Loading of Motor Vehicles ~,"~ .01 "Where a vehicle is hauling Material for use on the Work, in whole or In part upon a Highway, and where motor vehicle registration is required for such vehicle, the Contractor shall not cause or pennit such vehicle to be ioaded beyond the legal limit specified in the Highway Traffic Act, R.S.O. 1990, ..c.H.8, as amended, whether such vehicle is reg/8teAsd in tile name of the Contractor or otherwise, except where there are dasignatlld areas withln tbeWolklng Area where overloading Is permitted. The Contractor shall bear the onus of weighing disputed loads. ",',- GC 7.05 Condition of the Wortdng AntlI .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 Malntatning Roadways and Detours .01 Where an existing Roadway Is affected by oonstructiQn, it shall be kept open to traffic, and the Contractor shall, except as otherwise provided in this subsection, be responsible for providing and ml!,intainlng for the duration of the Work, a road thIPlIgh the Working Area, whether atong an existing Highway, including the road under construction, or on detours within or adjacent to the Highway, In accordance with the MUTCD. .02~tractor shall not be required to maintain a road through the Working ~ until such time as ttie Contractor has oommenced 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 "mils 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 appropl late to such work. P-oe ~ OPSOeneNl COllllllo...oIConlr8c1- S......'lber 1999 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I .05 The Contractor shall maintain, in a satisfactory condition for traffic, a road through the Working Area, at the Owner's expen$e. 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 sunace 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' 'Whereworkunder the.Contract is discontinued forany~ndedperiodincluding $eSSOnaLshutdown, "'theContractor'shalltWhen directed by the Contract Administrator,open and place the.Roadway and, detours in a passable, safe and satisfactory condition for pubJictravel. .07 Where the Contractor constructs, a detour Which is, not' specifically provided ,for, in the Contract Documents; or required by the- CoIilra'clAdministrator, the, construction of1he detour and, if required, the subsequent relnovalshallbepetfdl'ifill~!.~et:COjlll""lul'S-~;;:The detour shall be constructed ,'and 'maintained toslruCluI2iF'.l1lI~'~S1!ap,~ by the Contract , Administrator.' RemoVal and site" restoratiOtio,:sttalI;ibe,,:petfor.Il1ed;:~-~llil,~ ,by the Contract Administrator. , :08. Where, with the prior written approllal of the ContractAdmihistrator,the,Highway is closed and the , 'traffic C1iveltedentirely off the Highway to any other Highway, the Contractor shal~ at no extra cost to . the Owner;sqpply, 'el'$ct and maintain'trafIic control devices in, accordance with the MUTeD. ;09 Compliancewilh1heforegoingproVisions shall in no way relieVe the. Contractor of obligations under :. ',- subsectionGC-6:01;'Protection-Of'Work;P8rsons and "Property, dealing' with ; the. Contractor's responsibility for damage claims, except for claims arising on sections of Highway within the Working Area that are being maintained by others. GC 7.07 Access to Properties Adjoining the Work and Interruption of Utility Services .01 The Contractor shaH 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 ,:QwneLliIccess to fire hydrants, and water and gas valves located in the Workiog' Area. ' '.03 Where any interruptions in the suPPIY"'OffiUtility"S8I\'ioes<are.'requiIl9d<;and;\lIre authorized by the ContractAdrttinistrator,the' Contractor-shall give the affected property owners notice in accordance with 'Subsection GO 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 -Pennlts .01 Except all specified In sub$eCtion GO 4.02. Approval and Permits, the Contractor shall obtain and pay -Jor. any pennits, licenses,; andcerlificates 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 pennits specified in paragraph GO 7.08.01. " OPS General Condltlona.." ConII8cI. SeI*mber 1889 P8Il831 ,-, GC 7.09 Suspension of Work ~; .01 The Contractor shall, upon written notice from the qontracl Administrator, discontinue or delay any or all of the Work and work shall not be resumed until the Contract Administrator so directs in writing. Del;lys, in.theSe circumstances, will be administered according to subsection GC 3.08, Del;lys, , 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. r.f'. ".~, ",yO. t"~ . , .:.. .02 If .the Work is stopped or otherwise delayed for a period of 30 Days or more under an order of a court or other public authority and provided that such order was not issued as the result of an act or fault of ;:~Contraclor or of anyone direcUy employed or engaged by the Contractor,,,the Contractor may, ':~ prejudice to any other right or remedy the Contractor may have, by giving the Owner written '.~' terminate the Contract. .:' .03 The Contractor may notify the Owner in writing, with a copy to the Contract Administrator, that the Owner is in default of contractual obligations If, a) the Contract Administrator fails to issue cerDficates in accordance with the provisions of Section GC 8.0, Measurement and payment; b) the Owner fails to pay the COllbaclor, within 30 Days of the due detes Identified in clause GC ". 8.02.03, Certific:ation and Payment, the amounts certified by the Contract Admirli$b8ll<lr or within 30 Days of an award by an arbitrator or court; or 0) the Owner violates the requirements of the Contracl .04 The Contractor's written notice to the Owner shaH advise that if the default is not corrected in the 7 Days immediately following the receipt of the written ndlice the Coubaclor may, without prejudice to any other right or remedy the Contractor may have. stop the Work or terminate the Contract .05 if the Contractor terminates the Contract. under the conditions set out in this subsection, the , Contractor shall be entiUed to be paid for an work performed according to the Contract Documents and for any losses or damage as the COllllaclor.rnay sustain as a result of the termination of the Contract. GC 7~1:l, Notices by the Contractor. ...~ .01. Bi!f9re work is carried out which may affect the property or operations of any ~inistry 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 work to the person, company, partnership, corporation, board, or commission so affected. .02 In the case of damage to, or Interference with any ulilllles, pole Hnes, pipe lines, conduits, farm tiles. . or other pubrlC or privately owned works or property, the contractor shall immediately notify the Owner and the Contract Administrator of the location and details of such damage or interference. P.32 OPS ae-I OOlllllUo.. olOonlr8ct. ~r 1899 , I , .1 :1 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I, I I I I GC 7.12 Obstructions ,01 Except as otherwise noted in these General Conditions. the Contractor assumes all the risks and responsibilities arising out of any obstruction encountered in the performance of the Work and any traffic conditions. including traffic conditions on any Highway or road' giving access' to the Working Area caused by such obstructions. and the Contractor shall not make any claim lIgainst the Owner for any loss, damage or expense occasioned thereby. ;02 Where the obstruction is 'a Utility or other man-made object, the Contractor shall not be. required to. assume the risks 'and responsibilities. arising' outot such" obstruction. unless. the . location of the. obstructicln is shown on the plans or described in the specifications an~ the location so shown is within the tolerance specified in paragraph GC 2.01.01 a), or unless the presence andlocalion ot the . obstruction has otherwise been'made known to the Contractor oroould have been determined by the . visual siteinvesligation madebythe.Contractor in accordance with these General-Conditions. ;03 During the course of theContracl, it is-the1Contractor'S'feSponsibility;rto;:cosult,ilNith. Utility companies .; or other appropriate authorities for further;jnfonnaliomin!f89llr;d;lB'1the~of these Utilities, - to exercise 'thenecassarycare in construction"aperations:'il~ke,,"Cll'Cl1tier,precautions' as are necessary to safeguard the Utility from damage. GC7.13 limitations of Operations .01 Except for such work as maybe reqUired by the Contract Administrator to maintain'the Work in a safe and satisfactory condition. the Contractor shan not carry on operations under the Contract on . Sundayswlthout 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 surplusmateriais, , tools. construclioi1machineryend equipment not required for the performance of the remaining Work.. The Contractor shall 'aiso remove all temporary works and debris other than that caused by the Owner. or others and leave the Work and Working Area clean end suitable for occupancy by the Owner unless otherwise specified. .02 The Work shall not be deemed to have reat:hed CompIeliorruntii'the-Elontractor has removed surplus materials. toois. construction machinery. and; 'equipmenl. The Contractor shaD also have removed debris. other than that caused by the Owner,'orothers. GC 7.15 Warranty .01 The Contractor shall be responsible for the proper performance of the Work only to the extent that the design and specifications permit such performance. .02 Subject to the previous paragraph the Contractor shall correct promptly. at no additional cost to the Owner, defects or deficiencies in the Work which appear. s) 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 Complelion Certificate. or '.OPS General CondllIona oA,ConlNc:l. Sel*o....... 1899 Page 33 - d) such longer periods as may be specified for ceItaln Materials or some of the WorK. The Connct Administrator will prompUy give the Contractor written notice of observed defects or deficiencies. .03 The Contractor shall correct or pay for damage resulting from corrections made under the requirements of paragraph GC 7.15.02. .-1".: )'j "':..... ':":- ,~ "'~ . r: ,~:'~".,~ ., '!tic r ''''''''''''.,. .~, . .~...' - <-,"'" . ,. ',~"" .\;IIM>-_..... Pege 34 OPS _ CondiIIons ~ Conttac:I- s..,.h......, 1999 -, .1 .1 I I I I I I I .1 I I I I I I I I I I I I I I I I I I I I I I I I I I I I SECTION GC 8.0. MEASUREMENT AND PAYMENT GC 8.01 . Measurement GC 8.01.01 Quantltles .01 The Contract Administrator will make an estimate once a month, In writing, of the quantity of Work performEid. The first estimate will be the quantity of Work performed since the Contractor commenced the 'Contract, 'and every, subsequent estimate; except1helinal one,will be of the.'quantity . of Work performed since the prececling estimate was made. The ContractAdministrator 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 forthe issuaneeofthe CompJetion Certificate shall be based on the measurement of Work , completed. .03 'Measurement of the quantities of theWOtlcperformed"WiIltJe;.eitbet;'by~~rement or by , Plan 'Quantity principles as indicated'in'ttw.C01ittiiet'l"Atljastments~ntitymeasurements 'will nomiallY be made 'USing Plan Quantity 'principles but may,where.appropnate,be made using Actual Measurements. ,Those'ite!ns'ldentified onihe Tender 'by the notaIion (P)in'the,unit column '''shall be paldaccording'tothe'PIan Quantity. Items where thenotalion (P)doesnot occur shall be, , " paid according to Actual Measurement ' GC 8.01.02 Variations In Tender Quantities .01 Where It'appears that the quantity of Work to be done 'and/or Material 'to be supplied by the Contractor under a unit price tender item win 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 will be made for the actual amount of Work done anclIor Material supplied at the unit prices stated in the Tender except as provided below: , a) ,In the'case of a Major Item where the quantity of Work perforlned anellor Material.supplied by the Contractor exceeds the tender quantity by more than 15%, eilherparty to the Contract may make a written request to the other partyto'negotiate a revised unit price for that portion of the Work perfonned and/or'Material supplied which exceeds 115% of the tender quantity; The negotiation shall be carried out as soon as reasonably possible. Any revision of the unit price shall be based on the reasonable cost of doing the Work and/or supplying the Material under the tender item plus a reasonable allowance for profit and applicable overhead. b) In the case of a Major Item where thE!'Qoantity'Of'Work'J)el'foJnled'8ndlOJ'>M8terial supplied by the Contractor is less than 85% of the tender,quantity; the ContractormaY'make a wrltteni'equest to negotiate for the portion of the aclualfoverheads'.and;,fjxechcostsi;appflcable, to the amount of the underrun in excess of 15% of the tender quantity;' Forpurp0s8s'of.lhe,negotiation, the, overheads and fixed costs applicable to the item are deemed to have' been" prorated uniformly over 1 00% of the tender quantity for the item. Overhead costs shall be confirmed by a statement certified by the Contractofs 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 compansation for all labour, Equipment and Material required in Its performance. The term "all labour, Equipment and Material" shall include Hand Tools. supplies and other incidentals. .00s Gene..I~ ofConlnlct -September 1999 ... 35 - .02 Payment for work not specifically detailed as part of any one item and without specified details of payment will be deemed to be included in the items with which It is associated. GC 8.02.02 Advance Payments for Material '." .01 The Owner will make advance payments for Material intended for incorporation in the Work upon the written request of the Contractor and according to the following 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 stockplIed, shall be assessed by the following procedure: i. Sources Other Than Commercial (1) Granular 'A', 'B' and 'M' shall be assessed at the rate of 60% of the Contract price. (2) Coarse and fine aggregates for hot mix asphaltic concrete, surface treatment and Portland cement concrete shall be assessed at the rate of 25% of the Contract price for each , aggregate stockpiled. ,~ii;" Commercial Sources a,.. ,"" Payment for separated coarse and fine aggregates win be considered at"!!1e above rate when '~. such materials are stockplIed at a comrnen:IaI source where further proceSsing Is to be carried '" out before incorporating such materials Into a final product. AdvanCe payments for other materials located at a commercial source wID 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 sulIicient units of the Item to caver the value of the material. SUch payment shall not exceed 80% of the Contract price for the item. e) All Materials for which the Conlractor wishes 110 receive advance payment shall be placed in the designated storage location imrr....dialely upon receipt of the material and shall then.....fu. II. 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 locaUons, except for Inclusion in the Work, without the COMent, In writing, of the Contract Administrator. 1) SiJch materials shall remain at the risk of theeo.tlI~. who shall be responsible for any loss, damage, theft, improper use or destruclion 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 acceplance of the Material by the Owner. Acceptance " ~II only be determined when the material meets the requirements of the appropriate specification. '"7, . GC 8.02.03 CertIfication and Payment .' GC 8.0:2'003.01 Progress Payment Certificate .01 The value of the Work performed and Material supplied will be calculated once a month by the Contract Administrator in accordance with the Contract Documents and . clause GC 8.01.01, Quantities. .02 The progress Payment Certificate will show, a) the quantities of Work performed; b) the value of Work performad; c) any advanced payment for Materials; d) the amount of statutory holdback, liens, OWner's sat-off; e) the amount of GST as applicable; and f) the amount due the Contractor. P8ge36 OPS 0eneIeI CondItIons of Contract - s......-18118 - .1 , -I t I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I .03 One copy of the progress Payment Certificate will be sent to the Contractor. .04 Payment will be made within 30 Days of the Cut-off Date. GC 8.02.03.02 CertIfication of Subcontract Completion .01 Before the Work has reached the stage of Substantial Performance, the Contractor may notify the Contract Administrator, in writing that a subcontract is completed satisfactorily and ask that the -Contract Administrator. certify.the completion of such subcontract. .02 The Contract Administrator will issue a Certificate of Subcontract Completion if the subcontract has ~n completedsatisfactorjly, and all required .inspection and testing of the works covered by the subcontract have ~n carried out and the resuJtsare satisfactory. . . . .03 The 'Contract'Administrator will set out In tI1Ei:ci!itifiCat$"Of:8ubconll;act~n the date on which . the subcontract.was completed and withirl'T 0ayl;"ofJthe'date;the1subcontJ:achJscertffied :complete, the Contract Administrator will give acopY'Of1he,:certificate:to;the~the SUbcontractor concerned. . GC 8.02.03.03 SUbcoRtractStatutory Holclback Release Certificate and Payment .01 FOllOWing' receipt of the Certificate of Subcontract. Completion. the,OWnerwillrele~)and. pay the Contractor the statutory f101dback retained In respect of the subcontracL .Suchntlea$eshall be. made . ',46. Days. after, the'date.the subcontract 'was certified complete and. ,providing ;the,Contrac:tor,.sutlmlts 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 disc:l1arged all liabilities Incurred in oarrying out the subcontract; c)a satisfactory clearance certificate or letter from the Workplace Safaty and Insurance Board relating to the subco.jb...A; and . . . d) a copy of the.tontractbetween.the Contractor and the Subcontractor and.a.satisfactory,statement shOWing the total amount due the Subcontractor from the Contractor. .02 Paragraph GC8.02.03.03.01 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"forthwithgive,-the SUbcontractor the payment due under the subconbacl. .04 Release of statutory holdback by the OWner In respect ofe' subcontract shall not relieve the Contractor, or the Contractor's Surety, of any of their responsibUIties. GC 8.02.03.04 Certification of Substantial Perfonnance .01 Upon application by the Contractor and where the Contract has ~n 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 perfonned and within 7 Days after signing the said certificate the Contract Administrator wiN 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 Usn Act, R.S.O. 1990, c.C.30, as amended, publish a copy of the certificate in a construction trade newspaper. Such publication shall include placement in the Dally Commercial News. OPS ClenoIl.I Condlllons of CanIract. St. h. ,"'1 1999 PIIge 37 - .04 Where the Contractor falls 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 Performanoe as provided for above. y" Substantial Performance Payment and Substantial Perfonnance Statutory Holdback Rele.e Payment Certificates .01 When the Contract Administrator issues the OMllfk.ate of SUbstantial :Performance the Contract c Administrator will also Issue the SUbstantial Petformance Payment Certificate and the Substantial J':!rformance Statutory Holdback Release Payment Cerlificale or where apPropriate, a combined ,~certificate. .;. "f?" '" -" . .02~t!!.SUbstantlal Perfonnanoe Payment Certificate will show, Ii. "Wthevalue of Work performed to the date of Substantial Performance; . b) the value of outstanding or incomplete Work; 'c) the amount of the slatutory holdback, aRowlng for any previous releases of slatutory. holdback to the Contractor in respect of completed subcollb.....b. and deliveries of pre-selected equipment; d) the amount of maintenance security required; and e) the amount due the Contractor. .~:!,-' , GC'8.02.03.05 '"'\ ..,. j~ .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 Cerlificale will be a payment certificate releasing to the Contractor the slatutory holdback due in respad of WOl1t performed up to the date of Substantial Performance. Payment of such slatutory holdback shall be due 46 Days after the date of publication of the Certificate of SUbstantial Performance but subject to the provisions. of the Construction Lien Act and the submission by the Contractor of the following documents: .ua) a release by the Contractor in a fonn ....1I$f4Wry to the Contract Adminl"bak>r releasing the OWner from all further claims relating to the Contract, qualified by slated exceptions such as outslanding 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 allllabDities incurred ,A[bythe Contractor and the Contractor's SUbcontractors in carrying out the Contract have been ''ffldisCharged except for slatutory holdbacks propat1y retained; . oLa satisfactory Certificate of Clearance from the WOIkpIace Safety and Insuranoe Board; and '~f of publication of the Certificate of SUbstantial Performance. . 'i"h. 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 Certiflcate the date on which the Work was completed and Within 7 Days of signing the said certIficale the Contract Administrator will provide a <:opyto the Contractor. ',>..'i:' ,.. :-..,~ ..-, "- 38 OPS GenlnI c..- 01 ContnIct. Soljlteo.1ber 1999 - .1 J .1 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I GC 8.02.03.07 Completion Payment and Completion Statutory HOldback Reklase 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 amO\.lnt 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 HoIdbackReIeasa;<f'lar~nt-\-GeI~,~!k_.I!,,_payment',cei1ificate "releasing"to'theContractor'the' further'staUltOrt!h6kIback:';'Payment:(jf~~ hokibackshall be due 46 Days after the date of ComPIe1idrl[()f,'~lIS,~pJelion,Certlficate but SUbjecttothe'provisionsoftheConstnlctionLIen:Acten<t1t1e'.stlbmIssion~{the ~ of,the _ following documents: a) a release by the Contractor In a form satisfactory to the Contrect Administrator reJeaslng the Owner from all further claims relating to theContract,- qualified by stated exceptions where appropriate; , , , b) a statutory declaration In a form satisfactory to the ContrectAdminlstrator that allllabllities Incurred by the Contrector and the Contractor's Subcontractors In canying out the Contrect !)ave been discharged, qualified by stated exceptions where appropriate; and c) 'a satisfactory Certificate of Clearencefrom the Workplace Safety and Insurance BoaRl. 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"ithl!n'the!E:.ontractor shall beentiUed to receive interest on the outstanding payrllerltatlhEI'Rate'of'lnterest;~.if'1>8~is not received on the dates set out below: a) Progress Payment Certificates: 3ODays!8fter:the'W"Off;Date; b) CertificateofSubcontrecl Completion: ,30 Days'after thedate'C8ltifiedas'the date on,whlch the subcontract was completed; c) Subcontract statutory Holdback Release Payment Certificate: 76 Days after the date on which the subcontract was completed; d)' Substantial Performance Payment Certificate: 30 Days after the'date of issuance of the certificate. e) Substantial Performance statutory Holdback' Release Payment Certificate: 76 Days after publication of the Payment CertIlicateof Substantial Performance; f), Completion Payment,CertIlicate:30 Days after the date certified as the date on whIch the Contract reached Completion; g) ,Completion statutory Holdback Release Payment Certificate: 76 Days after the date certified as the date which the Work was completed. .02 If the Contractor has not compl./ed with the requirements of the Contract, Including all documentation requirements, prior to expiration of the time periods described In paragraph GC. 8.02.03.09.01, interest will only begin to accrue when the Contractor has completed those requirements. OPS General Condltiona 01 ConlNct - hpIeo,_'9911 P8ge 39 ~. GC 8.02.03.10 Interest for Negotiations and Claims .01 Except as hereinafter provided, where a notice of negotiation, notice of intent to claim and the subsequent claims are submitted in accordance with the time limits and/or procedure described by subsectiOn GC 3.14, Claims, Negotiations, Mediation, the Owner will pay the Contractor the Rate of Interest on'the amount of the negotiated price for that part of the Work or on the amount of the settled claim. Such interest Wll' not commence until 30 Days after the satisfactory completion of that part of the Work. :i-~' . .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 falls to give notice of a claim within the time Iil!lil-presc;:ribed by subsection GC -'3.14, Claims, Negotiations, Mediation, interest shall not be paid. . .04!.~re.a Contractor fails to comply with the 3lklay time limit and the procedures prescribed in ;, PIiag{$ph GC 3.14.03.03 for submission of claims, intereSt shall not be paid for tfie delay period. -~~' ". ~:' GC8~3:11 OWner's Set-Off '.. t*;-:,f~'" .' '.',"" ~r :~~. .01 ,Pursuant to Section 12 of the ConsI1uctiOn Lien Act, the Owner may Allain from monies owing to the Contractor under this Contract an amount l!uflicient to _ any outstanding or disput8d liabilities including the cost to remedy deficiencles, the reduction in value of substandard portions of the Work, clan for damages -by third parties which haVe not been detennined 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. ~ -'0- .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 defauit of the Contract provided any delay in payment does not exceed 30 Days from the due dates as defined in paragraph GC 8.02.03.09.01. GC.8.02.04 Payment on a Time and Material Basil! , GC8~01~01 Definitions .01 F~ 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 l!uch labour and supervision, but shall not include any payment or costs incurred for general supervision, edministration of management time spent on the entire Work or any wages, salary or Payroll Burden for which the Contractor is compensated by any paymentmede 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 l!uch arrangements have been made by the Contractor for com;llling the Work, aS$hown by Itemized invoices. Operated Rented equIpment: means Rented equipment for which an operlltor is provided by the supplier of the equipment and for which the rent or lease inCludes the cost of the operator. P8gll 40 OPS Gene'" CandIIono d Contract. SeIllember 1999 "'1"" .1 I ,I I I I I I I I ,I I I I I I I I I I I I I I I -I I I I I I I I I I I I I I Payroll Burden: means the payments in respect of workplace insurance, vacation pay, employment insurance. public liability and property damage insurance, sickness and accident insurance, pension fund and such other welf<lre and benefit payments forming part of the Contractol's nonnallabour CXlSt$. 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; RS.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; highwsysand'parking'lotnndindudesallwork incidental thereto other than work,onStructures." Sewer and Watennaln Work: means the preparation, construction, finishing, and construction , "maintenance' of sewer systems and watermain systems; and includes all work incldental thereto other than work on structures. ',. Stilndby'Tlme:'meansany'period of time wilKlhJiiS(tfot~Sideted~c:II1dng\mo~!td;Whlchtogether with " the Working Tune does notexceed"10 'ho0rs'11n';any.oneMfol1dqg:Ol!Y"and~di2jjrig",whichtime a unit of ,equiprnentcannotplactically be usedllnothe~~,order'to..cootinue, with 'Its'assigned 1ask:and during which time the unit is in fully'operablecondltlon. , 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 folihdation of' any'bridge, building. tunnel onetaining waUand the installalion of equipment and appurtenances incidental thereto. The 127 Rate: means the rate for a unit of equipment as'listed in'OPSS 127; ScheduIe'ofRental 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. Wllrkona'11me..nd Material Basis: means Changes in the Work, Extra Work and Additional Work approved by theContrad Adminlstratorforpaynient'on a Tune -and Material 'basis. 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 linit of .equipment Is, actively, and of necessity 'engaged on a'specificoperetion and the first"2.J1ounl.of"each"j' . (juliog which 'the' unit is, not so e\'lgaged but during whlch,the, operalion'isotherwlse':proceediDfJ.and during .which time the unit cannot practically be transferred to .0thar~botmustTemaimon1bersite.jrl'<)rderto continue with its assigned tasks and during which time the,unit.~Is,in'a fUlly. operabIeCllndition:,~ , GC 8.02.04.02 Dally Work Records .01 Daily Work Records prepared as the case may be by either the Contractor's. representative or the ,Contract' Administrator and'reportingthelabour and Equiprnenteri1p1oyedand the Material ,used on each Time and Material project, shall be reconciled and signed 'each day by both the Contractor's representative and the Contract Administrator. GC 8.02.04.03 Payment for Work .01 Payment as herein provll;led shall be full compensation for all labour, Equipment and Material to do the Work on a Time and Material Basis except where there Is agreement to the contrary prior to the commencement of the Work on a Time and MaterIal BasIs. The payment adjustments on a Time and Material basis shall apply to each individual Change Order authorized by the Contract Administrator. OPS General CondIlIons <II Conlract - 8eplomber 19119 "-41 GC 8.02.04.04 Payment for Labour .01 The Owner will pay the Contractor for labour emp/Oyedon 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 detennined Shall be applied to all Time and Material work on the Contract GC 8.02.04.05 Payment for MaterIal '1',' , I, )" ~". .01 T.IIe Owner will pay the Contractor for Material used on each Trme and Material project at 120% of the '. ':~Io.f the Material up to $3000, then at 115% of any portion of the Cost of :aterial in excess of GCS.'ii2!04.06 Payment for equipment. GC 8.02.04.06.01 WOrking Time c .01 The Owner win pay the Contractor for the Working TIme of all equipment other than Rented Equipment and Operated Rented Equipment used on the Work on a Trme and Material basis at The '127 Rates with a cost adjustment as follows: a) Cost $1 0,000 or less - no adjustment; b) Cost greater than $10,000 but not exceeding $20,000 -payment $10,000 plus 90% of the portion in excess of $10,000; and c) Cost greater than $ 20,000 -$19,000 plus 80% of the portion in excess of $20,000. .02 The Owner win pay the Contractor for the Working Trme of Rented Equipment used on the Work on a TIme and Material Basis at 110% of the invoice price approved by the Contract Administrator up to a maximum of 110% of The 127 Rate. This constraint will be waived when the Contract Administrator approves the invoice price prior to the use of the Rented Equipment .03 The Owner will pay the Contractor for the Working TIme of Operated Rented Equipment used on the Work on a Trme and Material BaSis at 110% of the Operated Rented Equipment invoice price .~s:~:,e Contract Administrator prior to the use of the equipment on the WOrk on a.Tlme and ,', . ..~ "'-: '^' GC8.~li4:06.02 Standby Time .01 The Owner will pay the Contractor for Standby Time of Equipment at 35% of The 127 Rate or 35% of the invoice price whichever is appropriate. The Owner will pay reasonable costs for Rented Equipment where this is necessarily retained in the Working Area for extended periodS agreed to by . the Contract Administrator. This will include Rented EqUipment intended for use on other work, but has been idled due to the circumstances giving rise to the Work on a Time and Material Basis. .-'" . .02 In addition, the Owner will include the Cost of Labour of operators or associated labourers who cannot be otherwise employed during the standby period or during the period of idleness caused by the circumstances giving rise to the Work on a Time and Material Basis. .03 The Contract Administrator may require Rented eqUipment idled by the circumStances giving rise to the Work on TIme and Material.Basis to be ..romed to the lessor until the work requiring the equipment can be resumed. The OWner will pay $uch costs as result from such return. Pege 42 OPS Genelll Coudlllo", of eo_. SepIlll,1ber 18119 I . ., 'I I I I , I I I I I , I I I I I I I '1 I I I I I I I I I I I I I I I I I .04 When Equipment is transported, solely for the purpose of the Work on a Time and Material Basis, to or from the Working Area on a Time and Material basis, payment will be made by the Owner only in respect of the transporting units. When. Equipment is moved under its own power It shall be deemed to be working. The method of moving Equipment and the rates shall be subject to the approval of the Contract Administrator. GC 8.02.04.07 Payment for Hand Tools , .01 Notwithstandingany.otherprovision of this Section, .no.payment shall.be.made to.the.Contractor for . or in respect of Hand Tools or equipmentthat are tools of the trade. GC 8.02.04.08 Payment for Work By Subcontractors ' .01 Where the Contractor arranges for Work on a.Time and Material Basis,or.a part of it, to be. performed l1y 'Subcontractors~on ..a.TIme'and.>Material..baSis'..anqf,l1o~.!~~-i~p~l,ptior . to the . "oornmencement.of:such'.worl<:dn accordance wItb.Slbllii-l'I!qlllrSmerltS~~Ql'Id3C. 3.10, SubCOntractiogl1y'the COiItractor:the Owner will pay the 'COSticlf:WDil(.,on18'11;in!l~l)!i-iM.terial Basis ,.0 byllieSutlc6r\ttactor"calculated-as,if the.Contractor had:done-.tbe;.~~JAliIteI1aI Basis, plun markup calculated on the following baSis: . a) 20% of the first.$3.000; plus b) 15% oftheamountfrorn $3,000 to $10,000; plus e) 5% of the amount in excess of $10,000. ,02 .No further markUpwIR beapplied.regardless.oUhe extent towhich.the work is assjgnedor: sublet to. 0: others. If work is;issIgnedor,sublet..to an. associate. . as defined by. the Securities,Act no markup whatsoever will be applied. . GC 8.02.04.09 Sutlmlsslon of Invoices .01 At the start.of ,the Work'on a TII1l8 and Material Basis, the Conlractor.shaILpmvjde,the applicable . . labour and Equipment rates not already submitted to.the Contract Administrator during the course of'. such work. .02 .Seplll'at&summariesshalibe'cornpleted by the Contractor according to the..stalldard fo([l'l.."Summary. . . for Payment of Accounts on a Tune.and Material Basis".. Eachsummaryshallinclude.the order number and covering dates of the work and shall itemize separately Iabour,MateriaIs.and Equipment .lnvolcesforMaterials, Rented Equipment and other charges incurred'l1Y.theContractoron the Work . ona Time'andMaleriaUilasls shliIlI.be included with.eacnsulllll18!Y"""",,,,,,,,,,,,,~",~,,""" -..... ~03 Each monththe~Admillistratorwill include.wilhthe'mqn~~ll.~L~te. the costs of the Work on a Tune and Material Basis i1ieumil!' dlll'ing'lhe 'prec:edingmonth all in . accordance with the contract administrative. procedures and the Contractor's invoice of the Work on a Time and Material Basis. . .04 The final "SummarY for Payment of Accounts on a Time and Material Basis" shall be .submitted by the Contractor within 60 Days alter the completion of the Work on a TIITIEl and Material Basis. GC 8.02.05 "inal Acceptance Certificate .01.. After the . acceptance of .the Work .the. Contract Administrator will issue the. Filial ACceptance Certificate, or. where applicable, after the Warranty Period has expired. The Final AccePtance Certificate will not be issued unW all known deficiencies have been adjusted or corrected, as the case may be, and the Contractor has discharged ali obligations under the Contract. OPS 0....... CondIlIons of ConInIcl- SepIeI.ober IIl9ll Page 43 GC 8.02.06 Payment of Workers .01 The COntractor shall, in addition to any fringe benefits, pay the workers employed on the Work in accordance with the labour conditions set out In the Contract and at Intervals of not less than twice a month. .02 The Contractor shall require each Subcontractor doing any part of the Work to pay the workers employed by the Subcontractor on the Work in accordance with paragraph GC 8.02.06.01. .03 Where any person employed by the Contractor or any Subcontractor or other person on the Work is paid less than the amount required to be paid under the Contract, the Owner may set off monies in accordance with clause GC 8.02.03.11, OWner's Set-otf. GC 8.02.07 Records .01 The Contractor shall maintain and keep accurate Records relating to the Work, Changes in the Work, Extra Work and claims arising therefrom. Such Records shall be of sufficient detail to support the total cost of the Work, Changes In the Work, and Extra Work. The Contractor shall preserve all such " original Records until 12 months after the FInal Acceptance Certificate is issued or until all claims have been seWed, whichever Is longer. The Contractor shan require that SUbContractonl employed by the Contractor preserve all original Records pertaining to the Work, Cl:Ianges In the Work, Extra Work and claims arising therefrom for a similar period of time. .02 If, in the opinion of the COntract Administrator, DaDy Work Records are required, such records shail report the labour and Equipment employed and the MaterIal used on any specific portion of the Work. The Daily Work Records shaft be reconciled with and signed by the C""b.....tuts representetlve 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 requirecl 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 COIJId not heve 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 shail 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 shaD be subtllllted 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 shaD 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 provIslcil'J 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 provision of labour and the supply of commodities, which do not form part of the Work. P.44 OPS.o-ra1 ConditIona d Con1nct. September 1999 .~I , . ~I I I I I I I I I I I I I 'I I I I I I I I I I I I I I I I I I I I I I I I GC 8.02.09 Liquidated Damages .01 When tiquidated damages are specified in the Contract and the Contractor falls to complete the Work in accordance with the Contract. the Contractor shall pay such amounts as are specified in the Contract Documents. poge ~5 OPS Gene..1 Cond_ of Can\IIId. Sept8ml>ef 1899 .. .4i~:_:::;,.:,~ I I I I I I I I I I I I I I I I I I I , ~ T ownllllQ Road S. --7 (' /!~, ') CITY 0' 08lHAW6\ ~. ','. jd ~~ Ig~ /y~- ;t-; Rjd ..\ / ,- :-,'.>_,1<\. Cofrtlce ROO1r-'" V ,/ \ \ / / -, ~. ,,~ :~8S;~~~ -, prlt510"~.118Road'\ ~ -:==;~~_A__"_"" "',/ g'lS'--, 0..-1\1 '~ ~ f ~T [~ru1l5-~d- -'tt,f\v' 1\), o' , . <"3 <11;- . . .,.. .~ OsbOllrnQRoad tit j)t I ! Rundle Road !-:--=-:'~-'-C". '.f;!o,~'j HI .L-- ~~'C /' Rood . /- "'I \:~~~~::/"" .~~. IttI .....: l~. --, '1"" '-,' l..... 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