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HomeMy WebLinkAbout03 140 Tender for Reconstruction Princes & Lambton St.THE CORPORATION OF THE MUNICIPALITY OF e- N BY-LAW NO.2003 -140 BEING A BY-LAW TO ACCEPT A TENDER FOR THE RECONSTRUCTION OF PRINCES AND LAMBTON STRETS (Levis Contracting Co. Ltd. ) WHEREAS Section 44 of the Municipal Act, 2001 SO 2001, c25 requires that municipalities that have jurisdiction over highways keep them i a state of repair that is reasonable in the circumstances; AND WHEREAS it has been determined that reconstruction of Portions of Princes and Lambton Streets in the Municipality of Kincardine is required; AND WHEREAS the Council for The Corporation of the Munici ality of Kincardine deems it expedient to accept a tender to excavate Princes an Lambton Streets and provide Granular A and B, Hot Mix Asphalt, storm sewe , watermains and concrete curbs and gutters; NOW THEREFORE the Council for The Corporation of the Municipality of Kincardine ENACTS as follows: i That the tender of Lavis Contracting Co. Ltd. in the amount of $196,983.26 including all applicable taxes, be hereby accepted to reconstruct Princes and Lambton Streets in the Municipality of Kincardine. • 2. That the Mayor and CAO be hereby authorized to sign` on behalf of the Council for The Corporation of the Municipality of Kincardine any contracts and other documents required to authorize such work to commence. 3. This by-law shall come into full force and effect upon its final passage. 4. This by-law may be cited as the "Reconstruction of Princes and Lambton Streets (Lavis Contracting Co. Ltd.) Tender Acceptance y-law" . READ a FIRST, SECOND and THIRD TIME and DEEMED TO 17"' day of September, 2003. BE PASSED this TENDER OPENING SUMMARY FORM MUNICIPALITY Kincardine PROJECT No. 03087 PROJECT DESCRIPTION Reconstruction of Princes and Lambton Streets CLOSING DATE 9:00 a.m., Tues., September 16, 2003 No. ADDENDA 0 PRE -TENDER PRICE ESTIMATE 5219,000 H za �n o y n > °z v o �c m-i a Z � r'm TENDERED : I m p c z n > oxv. CONTRACTOR AMOUNT Ken Jackson Construction Tiverton, Ontario $210, 017.57 Bill & Tom Kempton Construction Ltd. ✓ Ripley, Ontario $208, 969.12 Coldstream Concrete Limited Ilderton, Ontario $ Lavis Contracting Co. Limited ✓ slinton, Ontario $ 196 983.26 $ $ $ $ $ $ IL $ $ $ $ * ITime of Completion, if not specified in the Contract Documentation, in weeks from date of contract award. BMROSS engineering better communities B. M. ROSS AND ASSOCIATES LIMITED Consulting Engineers 62 North Street, Goderich, ON N7A 2T4 p. (519) 524-2641 • f. (519) 524-4403 www.bmross.net Municipality of Kincardine 1475 Concession 5 R. R. #5 Kincardine, Ontario N2Z 2X6 File No. 03087 ,A. October 2, 2003 W Q urr Attention: Jim O'Rourke, Public Works Manager RE: Princes Street and Lambton Street Reconstruction Enclosed are three copies of the above noted contract signed by Lavis Contracting Co. Limited, along with the Performance Bond, liability insurance Certificate and WSIB Certificate. Please have all three copies signed on Page A-4 and forward one copy to Lavis Contracting Co. Limited, one back to us, and keep one copy for your files. You should also return any tender deposit cheques that were retained by the Municipality. Thank you. Yours very truly B. M. ROSS AND ASSOCIATES LIMITED Per DH:jj Don Hosack, C.E.T. Encl. Project Supervisor B MROSS engineering better communities B. M. ROSS AND ASSOCIATES LIMITED Consulting Engineers 62 North Street, Goderich, ON N7A 2T4 p. (519) 524-2641 • f. (519) 524-4403 www.bmmss.net September 22, 2003 Lavis Contracting Co. Limited R. R. 2 File No. 03087 2 913 J Clinton, Ontario B.M. ROSS & AMC r1 ) NOM ILO RE: Municipality of Kincardine Princes St. and Lambton St. Reconstruction Contract No. 03087 The Municipality of Kincardine has accepted your tender in the amount of $196,983.26 for the above project. We are enclosing three copies of the contract documents, which have been prepared based on your tender. Please check to ensure that the prices correspond exactly with your tender as submitted and arrange for execution of the contract under your corporate seal. All three copies should be signed and returned to B. M. Ross and Associates Limited, along with your performance bond. We also require for our records, a copy of the Certificate of Insurance for your general liability policy (listing as additional insureds, the Municipality of Kincardine and B. M. Ross and Associates Limited), as well as a WSIB Certificate. Once we ate} have reviewed these documents, they will be forwarded to the Municipality for signature. Sip t �onl D ✓k/�7Z3. ✓Nricr ox- 'eZ0J C 1" DAH:bf Encl. C.C. Municipality of Kincardine Yours very truly B. M. ROSS AND ASSOCIATES LIMITED Per Don A. Hosack Project Supervisor 954 Dundas Street East, P.O. Box 668 THE GUARANTEE COMPANY Woodstock, Ontario OF NORTH AMERICA N4S 7Z9 PERFORMANCE BOND Telephone (519) 539-9868 Fax (519) 539-5524 No: WS7005865 Bond Amount: $196,983.26 LAVIS CONTRACTING CO. LIMITED as Principal, hereinafter called the Principal, and THE GUARANTEE COMPANY OF NORTH AMERICA a corporation created and existing under the laws of Canada and duly authorized to transact the business of Suretyship in Canada as Surety, hereinafter called the Surety, are held and firmly bound unto THE MUNICIPALITY OF KINCARDINE as Obligee, hereinafter called the Obligee, in the amount of ONE HUNDRED AND NINTY-SLY THOUSAND, NINE HUNDRED AND EIGHTY-THREE .............. 26/100 Dollars ($196,983.26) lawful money of Canada, for the payment of which sum the Principal and the Surety band themselves, their heirs, executors, administrators, successors and assigns, jointly and severally. WHEREAS, the Principal has entered into a written contract with the Obligee, dated the 23rd day of September, 2003, for PRINCES; STREET AND LAMBTON STREET RECONSTRUCTION CONTRACT NO.03087 hereinafter referred to as the Contract. The condition of this obligation is such that if the Principal shall promptly and faithfully perform the Contract then this obligation shall be null and void; otherwise it shall remain in full force and effect. Whenever the Principal shall be, and declared by the Obligee to be, in default under the Contract, the Obligee having performed the Obligee's obligations thereunder, the Surety shall promptly: (1) remedy the default, or; (2) complete the Contract in accordance with its terms and conditions or; (3) obtain a bid or bids for submission to the Obligee for completing the Contract in accordance with its terms and conditions and upon determination by the Obligee and the Surety of the lowest responsible bidder, arrange for a contract between such bidder and the Obligee and make available as work progresses (even though there should be a default, or a succession of defaults, under the contract or contracts of completion, arranged under this paragraph) sufficient funds to pay to complete the Principal's obligations in accordance with the terms and conditions of the Contract and to pay those expenses incurred by the Obligee as a result of the Principal's default relating directly to the performance of the work under the Contract, less the balance of the Contract price; but not exceeding the Bond Amount. The balance of the Contract price is the total amount payable by the Obligee to the Principal under the Contract, less the amount properly paid by the Obligee to the Principal, or; (4) pay the Obhgee the lesser of (1) the Bond Amount or (2) the Obligee's proposed cost of completion, less the balance of Contract price. It is a condition of this bond that any suit or action must be commenced before the expiration of two (2) years from the earlier of (1) the date of Substantial Performance of the Contract as defined in the lien legislation where the work under the Contract is taking place, or if no such definition exists, the date when the work is ready for use or is being used for the purpose intended, or (2) the date on which the Principal is declared in default by the Obligee. The Surety shall not be liable for a greater sum than the Bond Amount. No right of action shall accrue on this Bond, to or for the use of, any person or corporation other than the Obligee named herein, or the heirs, executors, administrators or successors of the Obligee. IN WITNESS WHEREOF, the Principal and the Surety have Signed and Sealed this bond dated 23 d day of September, in the year of 2003. SIGNED and SEALED in the presence of _ 5 Witness as to Principal Principal THE GUARANTEE COMPANY OF NORTH _ u :c HOLLINGWO , Attomey-in-fact IRENA GL WACKA, Attorney -in -fact :ey LIMITED Endorsed by-CCDC 221 (Jan. 2003 - Performance Bond CCA - Standard) CCDC 221 - 2002 has been approved by The Surety Association of Canada THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE COMMERCIAL GENERAL LIABILITY RIDER Please Read it Carefully ADDITIONAL INSURED Re: Municipality of Kincardine Princes St. and Lambton St, Reconstruction Contract No. 03087 It is understood and agreed that: the Municipality of Kincardine and B.M. Ross and Associates Limited is added as an additional insured to the Commercial General Liability Rider of this policy but only with respect to liability arising out of the operations of the Named Insured. All other terms and conditions of this Policy remain unchanged. INSURANCE BROKERS ASSOCIATION ONTARIO To Whom It May Concern: BRYAN LAVIS INSURANCE BROKER LTD. Re: Lavis Contracting Co. Ltd. 14 King Street Box 763 CLINTON, ONTARIO NOM 1L0 As a word of explanation concerning the attached certificate of Insurance, Lavis Contracting's liability policies are structured accordingly: Underlying/Primary Liability Limit $2,000,000.00 Excess/Umbrella Liability Limit $8,000,000.00 Accordingly, their total liability limit per occurrence is $10,000,000.00. If any clarification is required, kindly contact me or The Dominion of Canada office in London at 1-800-265-4768. Sincerely, The DOMINION OF CANDA CERTiFICATEOFINSURANCE General Insurance Company - the insurer HEAD OFFICE: 165 UNIVERSITY AVENUE, TORONTO, ONTARIO MSH 3139 This is to certify to: the Municipality of Kincardine and B.M. Ross and Assocates Limited Named Insured- Lavis Contracting Company Ltd Address- R.R.#2 Clinton, Ontario NOM ILO that policies of insurance as herein described have been issued to the Insured named below and are in force at this J date. ate: Princes St. and Lambton St. Reconstruc- tion, Contract No. 03087 Asphalt production and paving, including cold in -place recycling, road Location and Operations to- construction , sewer and watermain construction and repair, quarrying and which this Certificate applies gravel pit operations, snow removal, testing lab service, trucking for others, incidental demolition excluding blasting. .gnnw nlnnghinc, KIND OF POLICY POLICY NUMBER EXPIRY DATE LIMITS OF LIABILITY D M Y COMMERCIAL BODILY INJURY AND PROPERTY DAMAGE LIABILITY GENERAL LIABILITY $2,000,000 AGGREGATE LIMIT EACH OCCURRENCE LIMIT PERSONAL INJURY LIMIT Products INCLUDEDX'' CCP8376169 1 3 04 and/or s2,000,000 s2,000,000 Completed Operations EXCLUDED❑ - TENANTS' LEGAL LIABILITY LIMIT MEDICAL EXPENSE LIMIT Cross Liability YES] $ $ NO 2, 500 ANY ONE PREMISES ANYONE PERSON AUTOMOBILE LIABILITY BODILY INJURYAND All owned vehicles ❑ s2,000,000 INCLUSIVE LIMIT PROPERTY DAMAGE COMBINED `Specified vehicles only ❑ " DESCRIBE SPECIFIC VEHICLES Standard Non -owned CCP8376169 1 3 04 Hired vehicles ❑ Leased vehicles ❑ OTHER (DESCRIBE) O CCP8376169 1 3 : 04 Umbrella Liability - $8,000,000 W ABL6596112 1 3 04 Owned Auto Liability - $2,000,000 Eli NOTE: The insurance afforded is subject to the terms, conditions and exclusions of the applicable policy. This Certificate is issued as a matter of information only and confers no rights on the holder and imposes no liability on the Insurer. The Insurer will endeavour to mail to the holder of this Certificate........................................................ days written notice of any material change in or cancellation of these policies, but assumes no responsibility for failure to do so. Date February 28, 2003S- ............................ .... .....I............... ............ I....... ........................................................................................... thorize Representative 5567 (07191) WSIB 9/18/03 1:18 PAGE 1/1 RightFax mill,�a Wn k)ilxuSnfrn H nanra,a•tl n,.r 200 FRONT STREET WEST Clearance Certificate s a,t,,,;ra" TORONTO, ONTARI'O pmFsainneJleetde: I'a:s�ranu: Certificat de dtachar e CJntte !¢S aCcidentvdu hovazl 1M.$V 3JI (426) 344-2012 � CONTRACTOR L'ENTREPRENEUR LAVIS CONTRACTING COMPANY LTD RR 2 CLINTON ON NOM ILO The Workplace Safety and Insurance Board {WSIB) hereby waives its rights under Section 141 of the Workplace Safety and Insurance Act to hold the Principal, that is in a contractual agreement with the Contractor named, liable for any Section 141 liability of the Contractor for premiums and levies Of the WSIB owing row OF within eO days from the date of this Certificate Par la prdsente, le Commission de la sdcutit6 professionnelle at I'assurance contra let accidents du travail (CSPAAT) renonce aux droits qui Irri sont conf6r6s an vanu de ['article 141 de la Loi sur la sdcurit6professionnel[e at ['assurance centre ]us accidents du travall at qui l'autorisent 6 tenir 1'entrepreneur principal, qui a signd une entente contractude avec ]'entrepreneur dont le nom figuresur le pr6sent certirrcat, responsable du paiement do tout prime ou de toute somme que Pentreproneur est tenu de verser 6 la CSPAAT immfvliatertlant ou dam les 60 jours suivant la date indiquile stir co certificat. THIS CERTIFICATE IS VALID FOR ALL CONTRACTS OF THE NAMED CONTRACTOR DURING THE EFFECTIVE PERIOD LE PRESENT CERTIFICAT EST VALIDE POUR TOUS LES CONTRATS PASSES PAR LEDIT ENTREPRENEUR PENDANT LA PERIODE D'���Ty�iler}rT�wsis. Non V sena fa slgnrrlere d'tm earns M,*Qr P A- Is CSPAAT. ACmurt No. f MW: wmpfC F"rm Ho. 1 N"d'enlryvise �_ ^4.gjt Y - -•- 1582526 210222C Gate I Tam neacr'otion flare; rem Description 0821000 SAND AND GRAIL PI 4121001 HIGHWAYS/STREETS/S Contract Dmrlptlan I DwjyllW n tra Wntrer Contacr tho WSIB It you Quisdon rive weridtly pf this Epcurnent. VIn&Ic CfMenprdµMr eYCC la CSPAA7 ✓u vnu dwrtc2 do b vure6ic ,IV pl&sCrrl rbrymcmr. i Certlticete Nx. l Mde cerriTrcat 201712254 '5194827886 0190C 407199) 69-1a-93 13: 13 RECEIVED FROM:WSIB P•61 ® ,Qritarl0 Laboury of Notice of Project The Occupational Health and Safety Act For MDL use only The following Notice of Project is given pursuant to the Regulations for Construction Projects, made thereunder. Print or type in BLOCK CAPITALS and press hard (you are making 3 copies). SEE MAILING AND OTHER INSTRUCTIONS ON THE FRONT PAGE OF THIS FORM. Constructor U Project Information (Attach map if necessary) Nam 29d/S C Al 2A-c -J — LTA Stre ame & No. kS 7' X ML3 0-J JT. Address 9'Z. Lot & Plan Town/City or Township le .2r4 i.J City Province Post I Code C4/d7-6,J ©// County_2e�C Postal Code /� d .EE//���� r Telephone No. Fax No. Project Telephone No. Anticipated Duration of Project Are/0e — Are C e (� '7 per/ 7' (A ye) Master Business Licence No. (MCCR) Description of Project te/ / 0-7 e;0 /J esp'gZ'eJc AKA r W.S.I.B. Firm No. W.S.I.S. Rate Group Supervisor in charge of project Please keep available at the project all Registration of Anticipated number of workers on project: (specify number) Constructors and Employers Engaged in Construction ❑ 1-5 D<�6-19 ❑ 20-49 ❑ 50 and over Forms (se 1000) for all employers of workers on the project. I_ U Owner of Project Name Address d S Telephone No. Area code City Province I Postal Code ( �j 9 ny� o a / 7 /n�C"-4—'D / ji= C A)02 Z. ZiC Type of Construction (Please check l only ONE Choice) ❑ New Construction ❑ Alteration ❑ Demolition Repair or Restoration Indicate the category which best describes the Project. Select ONE choice only. Residential Buildino ❑ Single Family Housing (incl. detached, semi-detached homes/cottages) - (4011) ❑ Apartment and Other Multiple Housing (incl. apartments, condos & townhouses) - (4012) ❑ High -Rise (4 storeys & above) ❑ Low Rise (3 storeys & less) Road Highway & Road Construction (4121) ❑ Asphalt Paving (4216) ❑ Bridge (4121) Buildings Services ❑ Commercial (4022) ❑ Hydroelectric Power Plants & ❑ Industrial (4021) related structures (except trans- mission lines) includes dams, ❑ Institutional (4023) hydroelectric power, hydro- electric generating station (4123) Additional Categories ❑ Cable (4124) ❑ Shaft (4127) ❑ Hydro (4124) ❑ Tunnel (4126) ❑ Gas (4124) ❑ Subway (4129) ❑ Telephone (4124) ❑ ❑ Elec. Towers/Trans. Lines (4124) Caisson (4221) ❑ Water/Sewer (4122) ❑ Pipeline (4113) ❑ Well Drilling (4212) ❑ Moving of a building/structure (4 Additional Categories 1Cont.) ❑ Cofferdam (4128) ❑ Excavation - Grading (4214) ❑ Railway (4129) ❑ Marine (4129) ❑ Asbestos Removal - Type 3 (4211) ❑ Mining Plant (4119) ❑ Shipbuilding (3271) Q List all designated substances and hazardous physical agents that may be used, handled or disturbed by work on the project. (See Section 30 of the OHS Act.) ❑ Asbestos ❑ Arsenic ❑ Ethylene Oxide ❑ Lead ❑ Silica ❑ Vinyl Chloride ❑ Acrylonitrile ❑ Benzene ❑ Isocyanates ❑ Mercury ❑ Coke Oven Emissions ❑ X-Ray 0 If a diving operation is at this project, please complete the Notice for Diving Operations Form. (*0069) If a tunnel (including boring, augering or jacking) shaft, caisson or cofferdam is to be constructed at this Project, please complete the Notice for Tunnels, Shafts, Caissons and Cofferdams. (*0068) For trenching, use of cranes to lift workers (sect. 153.1(11)), dismantling of multi -point suspended scaffolds, window cleaning and type 3 asbestos removal operations, telephone or contact the MOL office nearest the project to notify the Ministry and to obtain your Notification Number. m Project Start Date Project End Date Day IMonth Year Da Month Year Estimated Total Cost of Labour /D I O � �.� I 1.2— ' 03 and Materials for the Project: $ SignatUMof Company Official Print Name , Position or Title . Date Sinned "L,4 C'rrlt' 0175(04/03) o- - - 7 C= �z pt, Day Month V 1 09 I 1 ' MUNICIPALITY OF KINCARDINE 1 P I I I I 11 I I I PRINCES STREET AND LAMBTON STREET, RECONSTRUCTION CONTRACT NO.03087 I Municipality of Kincardine Princes Street and Lambton Street Reconstruction Contract No. 03087 INDEX TO CONTRACT DOCUMENTS Description Page Information to Bidders IB-1-12 Tender Form of Tender T-1 - T-5 T-A & T-B Statement re Sub -Contractors Agreement to Bond Performance Bond Schedule of Plans, Specifications, General Conditions & Standards Index to Special Provisions Special Provisions SP-1- SP-24 Supplemental General Conditions SGC-1 General Conditions -- Ontario Provincial Standards (September 1999) Form of Agreement A-1-A-4 Contract Release Statutory Declaration re Payment of Accounts Statutory Declaration re Liens and Liabilities Standards INDEX TO INFORMATION TO BIDDERS (March 2002) 1) Date and Place for Receiving Tenders IB-1 2) Tender Deposit IB-1 3) Submission of Tender IB-1 4) Clarification IB-2 5) Withdrawal of Tender IB-2 6) Disqualification of Tender IB-2 7) Form of Agreement IB-2 8) Competency of Bidders IB-2 9) Sub -Contractors IB-2 10) Tender Acceptance IB-2 11) Agreement to Bond and Performance Bond IB-3 12) Insurance IB-3 13) Completion Date and Liquidated Damages I13-3 14) Materials I13-5 15) Disposal and Use of Excavated Materials IB-6 16) Disposal of Waste Asphalt IB-6 17) Dust Control IB-7 18) First Aid Equipment IB-7 19) Taxes IB-7 20) Regulation of Pits and Quarries IB-7 21) Salvageable Material IB-7 22) Soils Investigation Report IB-8 23) Utility Pole Lines 113-8 24) Underground Utilities 113-8 25) Occupational Health and Safety Act 1B-8 26) Contract Release I13-8 27) Use of Premises IB-8 28) Permit for Taking Water in Excess of 50,000 Litres Per Day M-9 29) Hot Mix Plant - Environmental Protection Act I13-9 30) Restrictions on Open Burning 113-9 31) Night, Sunday, and Holiday Work IB-9 32) Absence of Engineer and Agent IB-10 33) Drainage IB-10 34) Bribery IB-10 35) Provisions for Traffic, Access, and Protection IB-10 36) Cold Weather Concrete IB-11 37) Falsework IB-11 38) Excess Loading of Motor Vehicles IB-11 39) Protection of Trees IB-11 40) Ontario Provincial Standards I13-12 41) Guaranteed Maintenance IB-12 42) Garbage Collection and Blue Box Recycling IB-12 i INFORMATION TO BIDDERS ' 1) DATE AND PLACE FOR RECEIVING TENDERS: Tenders will be received by: Jim O'Rourke, Public Works Manager Municipality of Kincardine 1475 Concession 5, R. R. #5 ' Kincardine, ON N2Z 2X6 until: 9:00 a.m., Tuesday, September 16, 2003 as stated in the official tender call advertisement. 2) TENDER DEPOSIT: Each tender must be accompanied by a tender deposit in the form of a certified cheque payable to: ' Municipality of Kincardine for the amount of: Ten Thousand Dollars ($10,000.00) This deposit shall serve as evidence of good faith that if awarded the contract, the bidder will execute and enter into a formal agreement with the Owner within the time required and will furnish the security required to secure the performance of the terms and conditions of this contract. 1 The tender deposit of the bidder whose tender is accepted shall be forfeited by him should he fail to execute a contract and provide the satisfactory bonds, referred to hereafter, within ten (10) days after receiving written notice from the Engineer of the award of the contract to him. ' The deposits of unsuccessful bidders will be returned within thirty (30) days of the award of the contract. The deposit of the successful bidder shall be returned upon receipt of the performance bond and the signed contract. 3) SUBMISSION OF TENDER: Ia) Form of Tender: Tenders shall be submitted on the blank form herewith provided and shall give the lump sum and/or unit prices for the work, and the total tender shall be described in both words and figures. Tenderers will be required to add Goods and Services Tax on the tender form in the space provided. The tender shall be ' signed by the bidder, and delivered in a sealed, opaque envelope, clearly marked TENDER. b) Statement re Sub -Contractors: Where included in the contract documents, each bidder shall complete along with the tender, a list of proposed Sub -Contractors showing the value of the work to be sublet to each. The value of work sublet shall not exceed 50% of the total work. Failure to provide this list may render the tender invalid. I 4) CLARIFICATION: Any details in question on this contract or in the accompanying plans shall be clarified by the Contractor prior to submitting the bid. The unit prices as tendered shall include the supply of all permits, labour, equipment, and materials except where noted that are necessary to complete the contract. 5) WITHDRAWAL OF TENDER: A bidder will be allowed to withdraw their tender unopened after it has been deposited if such request is received in writing prior to the time specified for the closing of tenders. 6) DISQUALIFICATION OF TENDER: Tenders will not be considered where: a) They are received after the official closing time stated in the advertisement. b) They are not properly executed, and the associated documentation is not complete. c) They are not accompanied by a certified deposit cheque. d) They are submitted by "Fax". More than one tender from an individual, firm, partnership or association under the same or different names will not be considered. Collusion between bidders will be sufficient cause for rejection of all tenders so affected. 7) FORM OF AGREEMENT: It is not necessary to complete the "Form of Agreement" when submitting your tender, but the successful bidder shall be required to complete the form upon notification of the award of the contract. 8) COMPETENCY OF BIDDERS: Bidders and Sub -Contractors must be capable of performing the various items of work bid upon. They may be required to furnish a statement covering experience on similar work, list of machinery available for the proposed work, and such statements of their financial resources as may be deemed necessary. 9) SUB -CONTRACTORS: The Engineer shall reserve the right to review the Sub -Contractors proposed at the time of tendering and to approve any Sub -Contractors proposed after the contract is awarded. 10) TENDER ACCEPTANCE: Contractors are notified that any unbalanced items, errors, or omissions in the tender may render the tender invalid. Contractors are notified that each tender shall continue open to acceptance by the Owner until the formal contract is executed by the successful bidder or until at least thirty (30) days after the tender closing date, whichever occurs first. The Owner may at any time within that period, without notice, accept this tender whether any other tender had been previously accepted or not. 11 I I I I I i I I I I �II I I I I I IB-3 The accepted bidder may also be required to furnish a Clearance Certificate from the Workplace Safety and Insurance Board. ' 11) AGREEMENT TO BOND AND PERFORMANCE BOND: Bidders must have the "Agreement to Bond" forms of this contract completed by their Bonding Company, ' and the same must be submitted with their tender in order to validate their bid. The Contractor, upon receipt of written notice from the Owner awarding the contract, shall provide a ' Performance Bond for the amount of one hundred percent (100%) of the total tender to guarantee the performance of all obligations of the contract. This Bond shall be supplied to the Owner within ten (10) days of the acceptance of the tender, and shall be at the expense of the Contractor. ' 12) INSURANCE: In addition to the requirements stated in the General Conditions for Contractor's insurance, the following will apply: a) Liability Insurance: The Contractor shall provide policies of General Liability, Automobile ' Liability and Aircraft and Watercraft Liability Insurance to the requirements of Sections GC6.03.02, GC6.03.03 and GC6.03.04 respectively. ' b) Property and Boiler Insurance: No Property or Boiler Insurance will be required for this contract. c) All other insurance provisions of Section GC6 of the General Conditions shall apply. 13) COMPLETION DATE AND LIQUIDATED DAMAGES: a) Time: ' Time shall be the essence of this agreement. b) Progress of the Work and Time for Completion: The Contractor shall complete this contract in its entirety by: November 28, 2003 ' If this time limit 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 ensure that the work will be completed within the time limit ' 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. 11 1 If the Contractor is delayed in the completion of the work, 1) by reason of changes or alterations made under Section GC3.11 of the General Conditions; 2) by reason of any breach of contract or prevention by the Owner or other Contractor of the Owner ' or any employee of any one of them; 3) by reason of delay by the Owner issuing instructions or information or in delivering materials; 4) by any other act or neglect of the Owner or any other Contractor of the Owner or any employee of any one of them; ' 5) for any cause beyond the reasonable control of the Contractor; or by Acts of God, or of the Public Enemy, Acts of the Province or of any Foreign State, Fire, Floods, '6) Epidemics, Quarantine Restrictions, Embargoes or delays of Sub -Contractors due to such causes, the time of completion shall be extended in writing at any time on such terms and for such period as shall be determined by the Engineer, and notwithstanding such extensions, time shall continue ' to be deemed of the essence of this contract. An application by the Contractor for an extension of time as herein provided shall be mode to the Owner in writing at least fifteen (15) days prior to the date of completion fixed by the cdntract. All bonds or other surety furnished to the Owner by the Contractor shall be amended where necessary at the expense of the Contractor to provide coverage beyond the date of any extension of ' time granted, and the Contractor shall furnish the Owner with evidence of such amendment of the bonds or other surety. Any extension of time that may be granted to the Contractor shall be so granted and accepted without prejudice to any rights of the Owner whatsoever under this contract, and all such rights shall continue in full force and effect after the time limited in this contract for the completion of the work and whenever in this contract power and authority is given to the Owner or the Engineer or any person to take any action consequent upon the act, default, breach, neglect, delay, non -observance or non-performance by the Contractor in respect of the work or contract, or any portion thereof, such powers or authorities may be exercised from time to time and not only in the event of the happening of such contingencies before the time limited in this contract for the completion of the work but also in the event of the same happening after the time so limited in the case of the Contractor being permitted to proceed with the execution of the work under an ' extension of time granted by the Engineer. c) Liquidated Damages: I It is agreed by the parties to the contract that in case all the work called for under the contract is not finished or completed within the date of completion, damages will be sustained by the Owner, and that it is and will be impracticable and extremely difficult to ascertain and determine the actual damage which the Owner will sustain in the event of and by reason of such delay and the parties hereto agree that the Contractor will pay to the Owner the sum of Five Hundred Dollars ($500.00) per day for liquidated ' damages for each and every calendar days delay in finishing the work beyond the date of completion prescribed, and it is agreed that this amount is an estimate of actual damage to the Owner which will accrue during the period in excess of the prescribed date of completion. ' 1 1 I I I I 1 I I I URSj The Owner may deduct any amount under this paragraph from any monies 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 Owner. 14) MATERIALS: a) Supply of Materials: Unless otherwise specifically designated, the Contractor shall supply all materials required under this contract. b) Materials Ordered by the Owner: Where the contract specifies that a material will be supplied by the Owner, such materials shall be delivered to the job site or to a local storage centre designated by the Owner. Once such materials are delivered to the job site or are picked up by the Contractor from a designated storage area, the Contractor shall be responsible for all handling, hauling, or storage of materials, including excess materials. c) Care of Material Supplied by the Owner: The Contractor shall in advance of receipt of shipments of materials provide adequate and proper storage facilities satisfactory to the Engineer, and on the receipt of such shipments, shall promptly place the materials in storage except where they are to be incorporated forthwith into the work. The Contractor shall be responsible for the acceptance at the point of delivery and for the safe handling and storage of all materials supplied by the Owner. Materials damaged while under control of the Contractor shall be replaced or repaired, at the Contractor's expense, to the satisfaction of the Engineer. Materials rejected by the Engineer or Inspector for reasons due to no fault of the Contractor shall remain in the care and at the risk of the Contractor until their disposition has been determined by the Engineer. Where material supplied by the Owner arrives at the delivery point in a damaged condition or where there are discrepancies between the quantities received and the quantities shown on the Bills of Lading, the Contractor shall immediately report such damage or shortages to the Engineer who shall arrange for an immediate inspection of the shipment and provide the Contractor with a written release from responsibility for such shortages or damage. Where shortages or damage are not so reported, it will be assumed that the shipment arrived in good order and shortages or damaged materials will henceforth be made good at the Contractor's expense. The full amount of material in each shipment shall be accounted for by the Contractor, and the material shall be at the risk of the Contractor after delivery. Material supplied to the Contractor by the Owner shall not, except with the written permission of the Engineer, be used for purposes other than the performance of the work under the contract. Empty reels, crates and containers from materials supplied by the Owner shall become the property of the Contractor and shall be removed from the site, unless otherwise specified in the contract documents. I n• . The Contractor shall provide the Owner immediately upon receipt of each shipment copies of Bills of Lading or such other documentation as the Engineer may require to substantiate and reconcile the quantities of materials received. d) Materials Supplied in Advance: , Where materials supplied by the Owner are ordered and stockpiled, or stored, prior to the award of the contract, the Contractor shall at his own expense immediately upon commencement of operations, check ' the materials, report to the Engineer any shortages, errors or damage, and take charge of the materials at the stockpile or storage site. Where shortages or damage are not so reported by the Contractor, it shall be assumed that the shipment arrived in good order and shortages or damaged materials shall henceforth be made good at the Contractor's expense. e) Contractor's Responsibility for Materials on the Site: to If the Contractor has received materials from the Owner, or has caused materials to be delivered the site, and should any of these materials be lost, misused, stolen, damaged in any way, or deteriorated, the Contractor shall be responsible for replacing all such materials at his own expense. 15) DISPOSAL AND USE OF EXCAVATED MATERIALS: Material excavated in carrying out the work of the various tender items included in this contract and which is unsuitable for or which is surplus to the requirements for backfill or embankment construction, shall be disposed of either within or outside the contract limits as set out elsewhere in the contract. The contract price for the item requiring such work shall be compensation in full for excavating, loading, hauling, placing and trimming and for all other work which may be required to dispose of the unsuitable or surplus material and for providing a suitable site for material which is to be disposed of outside the contract limits. 16) DISPOSAL OF WASTE ASPHALT: Asphalt pavement and/or prime surface asphalt required for removal in carrying out the work of the various tender items included in this contract shall be disposed of either within the roadbed or outside the ' contract limits. Disposal outside the contract limits shall be at a certified waste disposal site for asphalt. I Disposal of asphalt within the roadbed must be crushed and not contaminated with non -granular material. The crushed asphalt may be used for backfill to sewers or as selected fill material , The contract price for the item requiring such work shall be full compensation for excavating, crushing, loading, hauling, and levelling and for all other work which may be required to dispose of the asphalt material and for providing a suitable site for material which is to be disposed of within the roadbed or outside the contract limits. LI 1 1EM ' 17) DUST CONTROL: The Contractor shall take such steps as may be required to prevent dust nuisance resulting from the operations either within the contract limits, on detours, 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 preventative measures required by the Engineer outside the limits of the contract shall be borne by the Contractor. The cost of such measures within the contract shall be borne by the Contractor except in contracts where tender items include "Water for Compaction and Dust Control" or "Calcium Chloride" or both. In such cases, the Contractor shall be paid by the Owner at the contract unit price(s) for the appropriate item(s). 18) FIRST AID EQUIPMENT: ` The Contractor shall provide and maintain the necessary first aid items and equipment called for under the First Aid Regulations of the Worker's Compensation Act. ' 19) TAXES: a) Ontario Retail Sales Tax: Contractors shall pay any applicable Ontario Retail Sales Tax and include this price in their bids. ' b) Federal Goods and Services Tax: The 7% Federal Goods and Services Tax will be paid on all work performed within the contract. It will be listed as a separate item on all tender documents and adjusted on final payment in accordance with the final contract price. 20) REGULATION OF PITS AND QUARRIES: Bill 120, An Act to Regulate Pits and Quarries and to Provide for their Rehabilitation shall be applicable in such parts of Ontario as the Lieutenant Governor shall from time to time designate by Regulation. ' All costs related to this specification will be deemed to have been included in the appropriate tender items and no separate payment will be made therefore. 21) SALVAGEABLE MATERIAL: All existing materials along the line of construction deemed salvageable by the Engineer shall be delivered to the storage site designated by the Engineer. All other materials that, in the opinion of the Engineer, cannot be salvaged shall be disposed of outside the limits of the contract, as directed by the Engineer or at ' locations arranged for by the Contractor at his own expense. The Contractor will be responsible for all clean-up after construction to the complete satisfaction of the Engineer. 22) SOILS INVESTIGATION REPORT: If a soils investigation were performed for this contract, the report will be made available at the office of the Consulting Engineer for inspection by any Bidder; but, at the same time, the office of the Consulting Engineer assumes no responsibility for any errors or omissions which may be inherent in the soils report. 23) UTILITY POLE LINES: Information on the removal or relocation of utility pole lines, restriction of blasting operations, etc. may be obtained from the Utility Firm concerned. The poles supporting utility lines immediately adjacent to the areas of excavation shall be adequately supported and protected to the satisfaction of the Utility Manager and the Engineer. Care shall be taken to ensure that all poles remain vertical following completion of the work. 24) UNDERGROUND UTILITIES: The location and depth of underground utilities shown on the contract drawings are based on the investigations made by the Consultant. It is, however, the Contractor's responsibility to contact the Municipal Authorities or Utility Companies for further information in regard to the exact location of these utilities or other utilities not shown on the drawings to exercise the necessary care in construction operations and to take such other precautions as are necessary to safeguard the utilities from damage. This provision shall also apply to all storm and sanitary sewers, and the Contractor shall be completely responsible for the replacement or repair of any utilities or sewers damaged because of their operations. Whenever utilities of the Union Gas Company of Canada are encountered, the Contractor shall adhere to the requirements for pipe support as provided by the Utility Company. 25) OCCUPATIONAL HEALTH AND SAFETY ACT The Contractor's attention is drawn to the regulations issued by the Ministry of Labour for the Province of Ontario under the Occupational Health and Safety Act. The Contractor acknowledges that they will comply with these regulations and that they will be the Constructor under said Act as it relates to the completion of this contract. 26) CONTRACT RELEASE: Prior to receiving final payment, the Contractor will be required to complete in triplicate a Contract Release on the form bound herein. 27) USE OF PREMISES: The Contractor shall confine the apparatus, the storage of materials, and the operations of workers to limits indicated by law, ordinances, permits or directions of the Engineer and shall not unreasonably encumber the premises with materials. Use of any adjacent property for storage purposes will be the Contractor's full responsibility and will in no way involve the Owner. The Contractor shall secure permission from each property owner before trespassing on any property. 11 d I 1 1 28) PER1-vIIT FOR TAKING WATER IN EXCESS OF 50,000 LITRES PER DAY: L 1 [1 1 11 I mm Where the Contractor will require water in excess of 50,000 litres per day, a permit must be obtained as per The Ontario Water Resources Act. A permit may be obtained by making an application to the Ministry of the Environment. 29) HOT MIX PLANT — ENVIRONMENTAL PROTECTION ACT: The attention of the Contractor is drawn to the Environmental Protection Act, RSO 1980, and regulations under this Act. Compliance with these regulations does not relieve the Contractor of contractual obligations as set out in the General Conditions, Section GC7.01. 30) RESTRICTIONS ON OPEN BURNING: To conform with the Environmental Protection Act RSO 1980, open burning maybe carried out only under the following conditions: 1) The Contractor shall assume full responsibility for conducting open burning in accordance with the safety measures required by police and fire services and the Ministry of Natural Resources and other regulatory bodies having jurisdiction. 2) The Contractor shall inform the District Officer of the Regional Operations Division of the Ministry of Environment, one week in advance, of the date when burning will commence. 3) All open fires shall be limited as much as possible to daylight hours. 4) All open fires shall be attended at all times. 5) Open fires shall not be located within 150 in of any occupied dwelling. 6) No open fires shall be maintained when the wind is in such a direction as to cause a decrease in visibility on any highway. 7) Open fires shall not be started on days of adverse weather such as rain, fog, or other conditions that prevent the ready dispersion of smoke. During the fire season this condition may be exempted in the fire zone, provided there are no occupied dwellings within 600 in. 8) Materials to be burnt shall consist of wood wastes only and shall not be burnt in such a manner as to cause odour, excessive smoke or other material discomfort to nearby receptors. 9) Debris from open fires shall not be piled adjacent to or discharged into watercourses. 10) Open fires shall not be located between Sta.— and Sta. _. Where open burning is prohibited or impractical in specific areas of this contract, brush and debris may, as an alternative to burning, be disposed of outside the right-of-way in a manner approved by the Engineer, so as not to be unsightly or potentially unsightly from any highway. The Contractor shall arrange for disposal areas at his own expense. 31) NIGHT, SUNDAY, AND HOLIDAY WORK: Night time or Sunday work shall not be permitted, except in the case of emergency, and then only with the written permission of the Engineer and to such extent as he/she may judge to be necessary. The Contractor shall, as far as possible, refrain from work on days which are legal holidays in Ontario. 1 32) ABSENCE OF ENGINEER AND AGENT: I The Owner may appoint an engineer or firm of consulting engineers as agent of the Engineer for the purpose of inspecting the work performed under this contract. In the absence of the Engineer or a duly ' appointed agent, any assistants who have been designated by the agent to superintend the work shall have full power to decide as to the manner of conducting and executing the works in every particular, and the Contractor shall follow the instructions or orders of the person so designated. ' 33) DRAINAGE: The Contractor shall keep all portions of the work properly and efficiently drained during construction and , until completion, and will be held responsible for all damage which may be caused or result from water backing up or flowing over, through, from or along any part of the works, or which any of the operations may cause to flow elsewhere. ' 34) BRIBERY: Should the Contractor or any of the agents give or offer any gratuity to, or attempt to bribe any officer or , servant of the Owner, the Owner shall be at liberty to cancel the contract forthwith or to direct the Engineer to take the whole or any part of the works out of the hands of the Contractor. Bribery shall be considered as non -fulfilment of the contract by the Contractor. , 35) PROVISIONS FOR TRAFFIC, ACCESS, AND PROTECTION: , a) Urban Areas: Traffic shall be maintained at all times during construction for private access, but detours to streets ' adjacent to the work will be permitted with permission from the Engineer. When requested by the Engineer, the roadway shall be kept open by placing sufficient granular material to carry traffic. ' If it is desirable to detour traffic during the construction of any part of the work, the Contractor shall supply, place and maintain proper detour signs, including adequate barricades and lights to clearly mark such detours throughout their entire length to the satisfaction of the Engineer. The routing of such detours will be approved by the Engineer. The Contractor shall be responsible for grading and maintaining any streets used as detours or haul roads , and shall restore these roads to their original condition. The Engineer may require that Granular "A" or Calcium Chloride be applied at the Contractor's expense to a street before allowing its use as a detour, or during the period of use. , b) Rural Areas: If required under the Special Provision item, the Contractor shall construct a detour to carry vehicular , traffic. The Contractor shall place proper detour signs, including adequate barricades and lights to clearly mark this detour throughout the entire length and to the satisfaction of the Engineer. ' U I 1 c) General: The Contractor shall be responsible for signing and it shall be as per the Ontario Traffic Manual for roadway work operations under OTM Book 7 (Temporary Conditions). As per Book 7, the Contractor shall submit a traffic control plan a minimum of one week prior to any necessary traffic control measures. A copy of this plan will be kept on file by the Owner. The Contractor will be responsible for maintaining proper signs, barricades, and lights at all points along the line of construction that may be hazardous. The Contractor will provide good vehicular access at all times, for all residents who presently have access along the line of construction. 1 Where applicable, the Contractor shall supply an adequate number of flagmen/women to direct traffic at all times during construction as required by the Engineer. ' 36) COLD WEATHER CONCRETE: Unless otherwise specifically stated in the Special Provisions, the Contractor is to note that no additional ' payment will be made for heating of concrete or housing of structure and heating of the housing enclosure. 37) FALSEWORK: ' All falsework drawings shall bear the seal and signature of a Professional Engineer who is a member of or is licensed by the Association of Professional Engineers of Ontario. The drawings shall include the ' following information: The type of work and grade of all materials, including sills to be used in the falsework; Design loads on mud sills or other falsework supports; Horizontal forces imposed on the falsework and used for design purposes; Details of splices of supports for motorized finishing machines, ' and the like. The grades and stresses of all materials shall be in accordance with the Canadian Standards Association 1 (C.S.A.) latest revisions to standards CAN 086.1-M and S269.1. The deflection of beams used for falsework shall be limited to 1/360 of the span. 38) EXCESS LOADING OF MOTOR VEHICLES: For the purpose of this contract, payment for weighed items is as follows: "Vehicles hauling material being measured for payment by weight will be paid for the actual amount of material hauled. I This shall not be construed to mean that the Owner condones excess loading of motor vehicles and in no way permits the overloading of vehicles or absolves the Contractor from complying with the provisions of the Highway Traffic Act." I39) PROTECTION OF TREES: ' The Contractor's operations shall not cause damage to the trunk or branches of trees, or flooding or sediment deposits on areas where trees are not designated for removal. Protective measures shall be taken to safeguard trees from contract operations, equipment and vehicles. Equipment or vehicles shall not be parked, repaired, refuelled, construction materials shall not be stored, and earth materials shall not be stockpiled within the dripline area of any tree not designated for removal. I 1B-12 , Where the contract requires work within the dripline of trees, operation of equipment shall be kept to the minimum necessary to perform the work required. W ithin five calendar days of any damaged that may occur, branches 25 nun or greater in diameter that are broken, shall be cut back cleanly at the break or to within 10 mm of their base, if a substantial portion of the branch is damaged. , Roots 25 mm or larger in diameter that are exposed by the Contractor's operation shall be cut back cleanly to the soil surface within five calendar days of exposure. Bark that is damaged by the Contractor's operation shall be neatly trimmed back to uninjured bark, without causing further injury, within five ' calendar days of damage. All damaged areas shall be treated with an approved tree paint after trimming of damaged section of tree. 40) ONTARIO PROVINCIAL STANDARDS: The Contractor is hereby advised that the use of the Ontario Provincial Standards are included in this ' contract and to be used where applicable. 41) GUARANTEED MAINTENANCE: , 5% of the value of the work will be retained for a period of 12 months following the date of substantial performance as a guarantee of the proper performance of the work included in the contract. This amount will be released without interest upon expiry of the maintenance period. ' The maintenance holdback will be held in addition to the 10% holdback required by the Construction Lien Act. The holdback will be retained by the owner, commencing during the latter part of the period of ' construction and generally not before the contract is approximately 80% complete. No alternate forms of security will be considered. , 42) GARBAGE COLLECTION AND BLUE BOX RECYCLING: The Contractor shall be responsible for co-ordinating the collection of all garbage and blue box recycling, within the limits of the contract during construction, with the appropriate authority. 1 I I C] I I T-1 1 LI FORM OF TENDER Municipality of Kincardine Princes Street and Lambton Street Reconstruction Contract No. 03087 Tender by Lavis Contracting Co. Limited residing at Clinton, ON. NOM 1L0 a company duly incorporated under the laws of Ontario and having its head office at R. R. #2 Clinton Ontario hereinafter called the 'Bidder" To -- Corporation of the Municipality of Kincardine I/We Lavis Contracting Co. Limited having carefully examined the locality and site of the proposed works and all contract documents relating thereto, including the Plans, Specifications, Drawings, Profiles, Form of Tender, Information to Bidders, General Conditions, Special Provisions, Form of Agreement, Form of Contract Bond and Addendum/ Addenda Numbers 0 to 0* inclusive, hereby tender and offer in accordance therewith to enter into a contract within the prescribed time, to construct the said work in strict accordance with the contract documents and such further detail drawings as may be supplied from time to time, and to fixrnish all labour, materials, tools, plant, matters and things necessary therefor, complete and ready for use within the time specified for the sum of ' One Hundred and Ninety -Six Thousand, Nine Hundred and Eighty-Three---------26/100 L 1 ($196,983.26) or such other sum as is determined from the actual measured quantities at the unit prices set forth in the Tender. * The bidder will insert here the number of the Addenda received during the tendering period and taken into account when preparing the Tender. T-2 THE AFORESAID SUM IS MADE UP AS FOLLOWS: SCHEDULE OF ITEMS AND PRICES Item Spec. # Description Qty./Unit Price Amount ROADWORK 1 201, SP Grubbing (stumps all sizes) 3 Ea. 150.00 450.00 2 206, SP 3 501,506 4 506 5 314, 351, SP 6 314, SP 7 310, SP 8 310, SP 9 510, SP 10 408, SP 11 510, SP 12 510, SP 13 353, SP 14 510, SP by mechanical stump cutter Earth excavation 1550 In Water for compaction (supplied by the 160 m3 Contractor) Calcium chloride 1.9 t Granular "A" 1100 t Granular'B" 2000 t Hot Mix HL-4 250 t Hot Mix Miscellaneous 100 m2 Removal of bituminous pavement 90 In (outside excavation) Adjust existing maintenance holes and catch basins Removal of existing maintenance holes and catch basins a) Catch basins Removal of concrete curb and gutter Concrete curb and gutter (all types) Removal of concrete sidewalk and drives 15 351, SP Place concrete sidewalk and drives 7.45 11,547.50 5.00 800.00 100.00 190.00 11.25 12,375.00 6.50 13,000.00 67.00 16,750.00 17.50 1,750.00 4.00 360.00 4 Ea. 200.00 800.00 4 Ea. 125.00 500.00 280 m 5.00 1,400.00 465 m 35.50 16,507.50 55 m2 10.00 550.00 35 m2 61.50 2,152.50 T-3 Item Spec. # Description Qty./Unit Price Amount 16 570, SP Topsoil (imported) 900 m2 3.00 2,700.00 17 571, SP Sodding (nursery, unstaked) 900 m2 4.00 3,600.00 18 510, SP Remove and replace precast concrete 9 mZ 70.00 630.00 unit pavers Sub -Total Roadwork 86,062.50 STORM SEWERS 19 410, SP Supply, excavate for and place storm pipe sewers including bedding, native backfill a) 300 nun CL-3 concrete or equivalent 237 m 97.00 22,989.00 20 407, SP Supply, excavate for, place and backfill catch basins, including frames and grates a) 600 nun x 600 mm (OPSD 705.010) 5 Ea. 1160.00 5,800.00 21 407, SP Supply, excavate for, place and backfill precast maintenance holes and maintenance hole catch basins including frames and grates a) 1200 mm manhole (701.010) 3 Ea. 2135.00 6,405.00 22 410, 504, Reconnect existing drains and 50 m 35.00 1,750.00 SP services (up to 250 mm dia.) Sub -Total Storm Sewers -- 36,944.00 WATERMAINS 23 507, 701, Supply, excavate for, place watermain 702, SP including cathodic protection, bedding, native backfill and restoration beyond the general grading operations a) 150 mm PVC DR-18 260 m 84.00 21,840.00 T-4 Item Spec. # Description Qty./(Jnit Price Amount 24 507, 701, Supply, excavate for, place and SP backfill ductile iron fittings, including mechanical thrust restraints, thrust blocking or anchoring a) 150 mm dia. gate valves 6 Ea. 655.00 3,930.00 b) 150 x 150 x 150 mm tees 2 Ea. 325.00 650.00 c) 150 x 150 x 150 x 150 crosses I Ea. 405.00 405.00 d) Connect to existing watermain 4 Ea. 940.00 3,760.00 e) Reconnect fire hydrants 1 Ea. 540.00 540.00 25 701, SP Supply, excavate for, place and backfill water service fitting, incl. tapping main and all connections a) 19 mm main stops 13 Ea. 215.00 2,79-5.00 b) 19 mm curb stops 13 Ea. 135.00 1,755.00 c) 19 mm saddles 13 Ea. 135.00 1,755.00 26 507, 701, Supply, excavate for, place and SP backfill water services, including bedding, and all required connections, cathodic protection, native backfill and restoration beyond the general grading operations a) 19 mm dia. copper service tubing 135 m 44.00 5,940.00 installed by trenching 27 507, SP Swabbing, testing, flushing, 1 L.S. 1130.00 1,130.00 disinfection and sampling Sub -Total Watermains -- 44,500.00 PROVISIONAL ITEMS 28 206, 514, Additional trench excavation in 10 m' 8.00 80.00 SP proposed trench bottom where unsuitable soils are encountered including removal from site T-5 Item Spec. # Description Qty./Unit Price Amount 29 314, 514, Supply and place approved imported 20 t 7.50 SP granular material in sewer trenches where native material is unsuitable, including removal of a similar amount of unsuitable material 30 314, SP Supply and place 20 mm dia. stone 20 t 9.00 bedding where conditions warrant and as directed 31 314, SP Supply and place imported granular 20 t 5.50 bedding where conditions warrant and as directed Total Provisional Items -- 150.00 110.00 520.00 MISCELLANEOUS ITEMS 32 SP Cost of 100% Performance and 100% 1 L.S. 1900.00 1,900.00 Labour and Material Payment Bonds and cost of insurance 33 SP Contingency Allowance 34 SP Lump sum to cover all other requirements of the contract not specifically covered by or related to the preceding items Total Miscellaneous Items -- Sub-Total 7% GST TOTAL TENDER 1 L.S. $9,500.00 1 L.S. 4670.00 4,670.00 16,070.00 184,096.50 12,886.76 196,983.26 11 n [J 11 STANDARD TENDER REQUIREMENTS 1/We agree to complete the work within the time specified in the Information to Bidders. UWe also agree that this Tender is subject to a formal contract being prepared and executed. In submitting this Tender for the work, the Tenderer further declares: (a) T-A That no person, firm or corporation other than the one whose signature or seal is attached below, has any interest in this tender or in the contract proposed to be taken; (b) That this tender is made without any connection, knowledge, comparison of figures or arrangement with any other company, firm or person making a tender for the same work and is in all respects fair and without collusion or fraud; (c) That no member of the Municipal Council or any officer of the Owner will become interested directly or indirectly as a contracting party without disclosing his interest and otherwise complying with "the Municipal Conflict of Interest Act, 1983' ; (d) That the offer shown in the Schedule of Items and Prices is to continue open to acceptance until the formal contract is executed by the successful Tenderer for the said work or until thirty (30) days after the tender closing date, whichever event occurs first and that the Owner may at any time within that period without notice, accept this tender whether any other tender had been previously accepted or not; (e) That if we, the undersigned, withdraw this tender before the Owner shall have considered the tenders and awarded the contract at any time within thirty (30) days after the tender closing date, the amount of the deposit accompanying this tender shall be forfeited to the Owner; (f) That the awarding by the Owner of the contract based on this tender shall be an acceptance of the tender; (g) The Tenderer solemnly declares that the several matters stated in the foregoing tender are in all respects true; I ' T-B (h) That if this tender is accepted, we the undersigned agree to furnish an approved surety bond for the proper fulfilment of the contract and to execute the Agreement in triplicate within ten (10) days after being notified so to do. In the event of default or failure on our part to do so, ' we the undersigned agree that the Owner shall be at liberty to retain the money deposited by us to the use of the Owner, and to accept the next lowest or any tender or to advertise for new tenders or to carry out the works in any other way deemed best and we also agree to pay to the said Owner the difference between this tender and any greater sum which the Owner may expend or incur by reason of such default or failure, or by reason of such acting, as aforesaid, on their part including the cost of any advertising for new tenders and to indemnify and save ' harmless the said Owner and its officers from all loss, damage, cost, charges and expenses which they may suffer or be put to by reason of any such default or failure on our part. The "Agreement to Bond" of the Guarantee Co. of North America Company, a company lawfully doing business in the Province of Ontario, to furnish a Performance ' Bond in the amount of 100% of the contract price is enclosed herewith. P A certified cheque for the sum of (S io, 000. oo ) is attached hereto. DATEDATR.R.#2, Clinton this Ten Thousand Dollars day of September 20 03 . 16th (signed) (signed & sealed) Signature of Witness Signature of Bidder NOTE: ' If the tender is submitted by or on behalf of an incorporated company, it must be signed in the name ' of such company by the duly authorized officers and the seal of the corporation must be affixed. If the tender is submitted by or on behalf of an individual or a partnership, a seal must be affixed opposite the signature of the individual or the partner. 1 FAwp\Contracts\Forms%T-A&B.SML STATEMENT RE: SUB -CONTRACTORS The following is a list of Sub -Contractors or Sub -Trades intended to be used in the execution of the contract showing the portion of the work to be allotted to each. ITEM SUB -CONTRACTOR'S NAME AND ADDRESS 1 Curb/Gutter/Sidewalk Nicholson Concrete, Stratford 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. F:\wp\Contracts\Forins\Sub-Contractors.doc I ' AGREEMENT TO BOND 1 ' Date: 20 ' CONTRACT NO. TO: Dear Sirs: ' RE: In consideration of (hereinafter referred to as "the Owner") accepting the tender of and executing an Agreement with: ' (hereinafter referred to as "the Tenderer") for the construction of ' subject to the express conditions that the Owner receive the Performance Bond in accordance with the said tender, we the undersigned hereby agree with the Owner to become bound to the Owner as surety for ' the Tenderer in a Performance Bond in an amount equal to 100% of the contract price or other such greater amount as may be determined by the Owner, in the form of Performance Bond provided and in accordance with the said tender, and we agree to furnish the Owner with said Bonds within seven (7) days ' after notification of the acceptance of the said tender and execution of the said Agreement by the Owner has been mailed to us. Yours very truly, (Seal) NOTE: This Agreement to Bond must be executed on behalf of the Surety Company by its authorized officers under the company's corporate seal. Of the two forms bound herein, one shall become a part of the tender and the other shall be retained by the Surety Company. ' ** Enter the name and address of the Surety Company at the top of the page. F:\wp\Contracts\Forms\AgToBond-1 bond.doc I PERFORMANCE BOND ' Bond No. Project No. ' Amount $ Contract No. ' KNOW ALL MEN BY THESE PRESENTS, that we hereinafter called "the Principal' and hereinafter called "the Surety", ' are jointly and severally held and firmly bound unto ' hereinafter called "the Obligee" its successors and assigns, in the sum of Dollars ($ 1 of lawful money of Canada, to be paid unto the Obligee, for which payment well and truly to be ' made we the Principal and Surety jointly and severally bind ourselves, our and each of our respective heirs, executors, administrators, successors and assigns by these presents. ' SIGNED AND SEALED with our respective seals and dated this day of 20 ' WHEREAS by an agreement in writing dated the day of 20 , the Principal has entered into a contract with the Obligee, hereinafter called "the Contract", for the construction, alteration, repair or. maintenance of a public work, namely as in the Contract provided, which Contract is by reference herein made a part hereof as fully to ' all intents and purposes as though recited in full herein. NOW THEREFORE THE CONDITION OF THIS OBLIGATION IS SUCH that if the Principal ' shall at all times duly perform and observe the Contract including all the terms and conditions thereof, to the satisfaction of the Obligee and shall at all times fully indemnify and keep ' indemnified the Obligee from and against all and any manner of loss, damage, expense, suits, actions, claims, liens, proceedings, demands, awards, payments and liabilities arising out of or in any manner based upon or attributable to the Contract and shall fully reimburse and repay the ' Obligee for all outlay, expense, liabilities, or payments incurred or undertaken to be made by the Obligee pursuant to the Contract, then this obligation shall be void, but otherwise it shall be and remain in full force and effect. Performance Bond Page 2 Provided further and it is hereby agreed and declared that there shall be no liability under this instrument of the Principal and Surety for payment of any claims for labour, material or services ' used or reasonably required for use in the performance of the Contract to the extent the amount of such claims is paid pursuant to a Labour and Materials Payment Bond. ' Provided always and it is hereby agreed and declared that the Obligee and the Principal have the right to change, alter and vary the terms of the Contract and that the Obligee may in its discretion at any time or times take and receive from the Principal any security whatsoever and grant any ' extension of time thereon or on any liability of the Principal to the Obligee. Provided further and it is hereby agreed and declared that the Principal and the Surety shall not be discharged or released from liability hereunder and that such liability shall not be in any way affected by any such changes, alterations, or variations, taking or receiving of security, or extension of time, as aforesaid, or by the exercise by the Obligee of any of the rights or power reserved to it under the Contract or by its forbearance of exercise any such rights or powers, including (but without restricting the generality of the foregoing) any changes in the extent or nature of the works to be constructed, altered, repaired or maintained under the Contract, or by any dealing, transaction, forbearance or forgiveness which may take place between the Principal and the Obligee. Provided further and it is hereby agreed and declared that the Surety shall not be liable for a greater sum than that specified in this bond. In Witness Whereof the Principal and the Surety have executed these presents. i 1 SIGNED AND SEALED BY THE PRINCIPAL I 1 I In the presence of Witness Occupation ) } Address ) Per: Per:. Principal Surety F:\wp\Contracts\Forms\Perforrnance Bond.doc r SCHEDULE OF PLANS, SPECIFICATIONS, GENERAL CONDITIONS & STANDARDS The work specified in this contract will be performed in strict accordance with the following plans, specifications, General Conditions, standards, etc. for the Municipality of Kincardine, Princes Street and Lambton Street Reconstruction, Contract No. 03087. A. SPECIAL PROVISIONS - Pages SP-1 to SP-24 B. PLANS - Drawing Nos. 1 & 2 C. INFORMATION TO BIDDERS - Pages I13-1 to IB-12 D. STANDARD SPECIFICATIONS Ontario Provincial Standard Specification Numbers shall apply to this contract mutatis mutandis. Only the most recent specifications shall apply to this contract. 201 310 407 501 510 701 206 314 1408 504 1514 702 351 1410 506 570 353 1 507 1571 E. STANDARD DRAWINGS 304.010 400.100 600.040 701.010 802.010 1103.010 Mun 202 310.010 401.010 701.021 802.013 1103.020 Mun 1101 310.030 705.010 802.030 1104.010 802.031 1104.020 802.032 1105.010 802.033 F. FORM OF TENDER G. SUPPLEMENTAL GENERAL CONDITIONS - SGC-1 H. GENERAL CONDITIONS - Ontario Provincial Standards (September 1999) I. AGREEMENT J. PERFORMANCE BOND K. CONTRACT RELEASE L. STATUTORY DECLARATION RE PAYMENT OF ACCOUNTS M. STATUTORY DECLARATION RE LIENS AND LIABILITIES ' INDEX TO SPECIAL PROVISIONS Disposal of Surplus Materials.....................................................................SP-1 TrafficControl.............................................................................................SP-1 1J Restoration................................................................................................... SP-1 Item No. 1 Grubbing (Stumps All Sizes) by Mechanical Stump Cutter ....................... SP-2 Item No. 2 Earth Excavation......................................................................................... SP-2 ' Item Nos. 5 & 6 Granular "A" and Granular•B.................................................................... SP-3 Item Nos. 7 & 8 Hot Mix HL-4 and Hot Mix Miscellaneous ................................................ SP-3 Item No. 9 Removal of Bituminous Pavement (Outside Excavation) ........................... SP-4 Item No. 10 Adjust Existing Maintenance Holes and Catch Basins to Grade ................SP-4 Item No. 11 Removal of Existing Maintenance Holes & Catch Basins ..........................SP-5 Item No. 12 Removal of Concrete Curb or Curb and Gutter ........................................... SP-5 Item No. 13 Concrete Curb and Gutter (All Types)........................................................ SP-5 Item No. 14 Removal of Concrete Sidewalk...................................................................SP-5 Item No. 15 Place Concrete Sidewalk and Drives...........................................................SP-6 Item No. 16 Topsoil (Imported).......................................................................................SP-6 Item No. 17 Sodding (Nursery, Unstaked)......................................................................SP-6 Item No. 18 Remove and Replace Precast Concrete Unit Pavers...................................SP-7 Item No. 19 Supply, Excavate for, Place and Backfill Storm Pipe Sewers.....................SP-7 Item No. 20 Supply, Excavate for, Place and Backfill 600 mm x 600 mm Catch Basins (705.010) including Frames and Grates ................................ SP-9 Item No. 21 Supply, Excavate for, Place and Backfill 1200 mm Precast Maintenance Holes and Maintenance Hole -Catch Basins, OPSD 701.01, including Frames and Grates...............................................SP-9 Index to Special Provisions (cont'd) Item No. 22 Reconnect Existing Drains and Services (up to 250 mm dia.)..................SP-10 Item Nos. 23-26 Watermain Installation..............................................................................SP-10 Item No. 27 Testing, Flushing, Swabbing and Disinfection of Watermains .................SP-20 Item No. 28 Additional Trench Excavation................................................................... SP-23 Item No. 29 Imported Granular Backfill.......................................................................SP-23 Item No. 30 Supply and Place 20 mm Crushed Stone Bedding....................................SP-23 Item No. 31 Supply and Place Imported Granular Bedding..........................................SP-24 Item No. 32 Bonding and Insurance..............................................................................SP-24 Item No. 33 Contingencies............................................................................................ SP-24 Item No. 34 Lump Sum for Other Requirements.......................................................... SP-24 I SP-1 GENERAL DISPOSAL OF SURPLUS MATERIALS All excavated earth material shall become the property of the Municipality and asphalt and concrete shall be the property of the Contractor, and the Contractor's unit price bid for the item 1 shall include the cost of loading, hauling, dumping and levelling the material as directed by the Engineer. 1. Earth material shall be disposed of at the Municipal landfill site. 2. Asphalt shall be disposed of at an approved site, outside the contract limits. 3. Concrete shall be disposed of at an approved site outside the contract limits. 1 TRAFFIC CONTROL The Contractor shall prepare and submit a traffic plan as per Book 7 to the Project Engineer for ' review and acceptance. General IIn addition to the requirements in the Information to Bidders for Contractors to control traffic and provide signage, in accordance with the Ontario Traffic Manual Book 7 and the Ministry of Transportation Temporary Conditions Manual (March 2001), the following conditions will apply: - At the end of each working day, a minimum of one lane of traffic, controlled by barricades, delineators, etc., shall be maintained for emergency vehicles. RESTORATION (i) Restoration of trenches and other disturbed areas shall be as outlined below and in accordance with OPSS 507. 1 (ii) When works are installed beyond the limits of general grading operations of the contract, restoration of trenches and other disturbed areas shall be as outlined below and in accordance with OPSS 507. ' The unit price or lump sum bid for the appropriate item(s) shall include restoration. ' (a) Lawn Areas -- 100 mm of approved topsoil levelled and graded to conform to the existing ground, followed by nursery sod approved by the Engineer. (b) Non -lawn, Non -roadway Areas -- 100 mm of approved topsoil levelled and graded to conform to the existing ground, followed by an approved seed and mulch application. I I SP-2 t (c) Where existing roadway/driveway is paved -- 300 mm minimum of Granular `B", 150 mm of Granular "A", and 50 mm of HL-3 in driveways, or 2-40 mm lifts of HL-4 minimum in roadways or to match the depth of existing asphalt. Where 2 or more lifts of asphalt are required against existing pavement, a stepped joint shall be prepared by removing 0.5 m wide by the depth of the existing surface course prior to paving. (d) Where existing roadway/driveway is gravel -- 300 mm of Granular `B' ; and 150 mm of Granular "A". (e) All disturbed or damaged concrete structures, such as sidewalks, curbs and gutter, etc., shall be removed and replaced. NOTE— In (a) and (b) above, it will be the Contractor's responsibility to ensure a catch of grass at the termination of the contract. -- All asphalt surfaces shall be saw -cut prior to resurfacing. -- All concrete structures shall be saw -cut prior to replacement. ITEM NO. 1 , GRUBBING (STUMPS ALL SIZES) BY MECHANICAL STUMP CUTTER For the unit price bid, the Contractor shall machine cut all stumps designated on the plans or directed by the Engineer at the time of construction. These designated stumps shall be cut off not less than 450 mm below existing ground or finished grade as directed by the Engineer. Stumps included in this item are outside limits of roadbed excavation and/or behind existing sidewalks. ' At the Contractor's expense, all cuttings and debris shall be disposed of at a site approved by the Engineer at the time of construction. The Contractor shall be responsible for damage to all underground utilities, sidewalks, adjacent property, persons, etc. and shall make restitution for such damage to the satisfaction of the Engineer. ITEM NO.2 EARTH EXCAVATION For the unit price bid, the Contractor shall excavate to the required line and grade, or as directed by the Engineer at the time of construction. All excavated material shall be disposed of as outlined under the General SP - Disposal of Surplus Materials. , The unit price bid shall also include all excavation and grading required for sidewalks and all excavation required at side street and private entrances. The unit price bid shall include the removal and disposal of designated asphalt, including curbs and any other minor structures ' encountered during the course of construction if not included as a separate item in the contract. The Contractor may be required to use approved excavated material as fill behind the proposed , curbs at sites designated by the Engineer. I r SP-j The Contractor may be required to salvage existing granular material to be used as granular backfill to the roadbed and placed as directed by the Engineer. Payment for this work will be paid as earth excavation per cubic metre based on the theoretical calculated end areas for the roadbed excavation. The Contractor shall give the local utility sufficient time after the road excavation is completed to do any work deemed necessary regarding utilities before any granular backfill is placed. a The Contractor shall restore each block for traffic before beginning excavation in any other block. Access to commercial establishments will be maintained at all times by a method satisfactory to the Engineer. ITEM NOS. 5 & 6 GRANULAR "A" AND GRANULAR "B" ' For the unit price bid, the Contractor shall supply to the site, place, fine grade and comiact ' Granular "A" and Granular `B" materials required in the roadway for roadbed, subdrains, shouldering, driveways, under the sidewalk and curb and gutter, which are applicable to this contract. All other Granular "A" or Granular `B" materials required shall be included in the unit ' prices bid for those items where material is required. ITEM NOS. 7 & 8 HOT MIX HL-4 AND HOT MIX MISCELLANEOUS For the unit price bid, the Contractor shall supply all material, including the asphalt cement, for the proper execution of paving work in accordance with the specifications outlined under OPSS 310. I Performance graded asphalt cement shall be PG 58-28. The Performance Graded Asphalt Cement (PGAC) will conform with OPSS 1101 for the specified grade. All asphalt plant operations shall comply to municipal regulations and ordinances governing the area in which the ' plant is located. The Contractor will be required to submit a mix design for approval prior to commencing the paving operations. iOPSS 310 is amended in that automatic screed controls are not required. No surface trial coat area shall be required under this contract. ' The Contractor's unit price bid for this item shall include all labour and equipment to place ramping, transverse joints, and/or remove at all transverse joints, maintenance holes, catch ' basins, drives and crosswalks as directed by the Engineer. 1 SP-4 t OPSS 310.07.11.04 Longitudinal and Transverse Joints is amended as follows: b. Where a surface course is placed flush against an existing bituminous pavement, a stepped joint shall be prepared by removing the existing surface course to its full depth for a length of 0.5 m and the remaining depth shall be trimmed to form a straight vertical face (See Asphalt ' Joint Detail). Removal of existing surface course shall be by means of burning out or milling machine. The Contractor shall also take note that he is to pave designated drives, boulevards and any other areas behind the curb. This will involve hand laid asphalt and will only apply to areas which, in the opinion of the Engineer, do not permit the operation of a paving machine. The supply of the HL-3 for these areas shall be included under the item for Hot Mix Miscellaneous. Hot Mix Miscellaneous shall be measured in square metres: In areas where Hot Mix Miscellaneous is designated on the plans and more than one 50 mm lift of Hot Mix is required, measurement for payment will be made as if two single courses of Hot Mix were required. ' ITEM NO. 9 REMOVAL OF BITUMINOUS PAVEMENT (OUTSIDE EXCAVATION) For the unit price bid, the Contractor shall remove and dispose of bituminous pavement from those areas shown on the drawings or designated by the Engineer at the time of construction. ' This item will only be used for removal of asphalt when the earth excavation item is not required and will include saw -cutting, if required, as directed by the Engineer at the time of construction. ' ITEM NO. 10 ADJUST EXISTING MAINTENANCE HOLES AND CATCH BASINS TO GRADE For the unit price bid, the Contractor shall adjust the designated maintenance holes or catch basins to the grade established by the Engineer at the time of construction. The adjustment of the frames and grates shall be carried out by removing or adding to the required amount of precast concrete adjustment units and place the frame and grate at the required elevation. The unit will be grouted into place by means of an approved mortar mix and shall be parged inside and outside with 12 mm thick mortar coat. Asphalt removal and restoration around structures shall be included in the price bid per each and shall include placing asphalt to the depth of existing asphalt for all disturbed areas where applicable. All work shall be carried out to the satisfaction of the Engineer. Adjustment I The adjustment of maintenance holes and catch basins will apply where the tops are to be raised or lowered by 600 mm or less using adjustment units. , SP-5 ITEM NO. 11 REMOVAL OF EXISTING MAINTENANCE HOLES & CATCH BASINS For the unit price bid, the Contractor shall excavate, remove and dispose of only those maintenance holes and catch basins shown on the drawings or designated by the Engineer at the time of construction. The Contractor shall backfill the excavation with Granular `B", compact the excavation and dispose of all debris to the satisfaction of the Engineer. All existing frames and grates removed are the property of the owner and shall be delivered to the owner's Yard at the Contractor's expense. It will be the Contractor's responsibility to seal off any existing pipes or reconnect to new outlets. The Contractor shall note here that catch basins constructed from inverted sewer tile shall not be ' considered for payment. ITEM NO. 12 REMOVAL OF CONCRETE CURB OR CURB AND GUTTER For the unit price bid and where indicated on the drawings or designated by the Engineer, the Contractor shall remove the existing concrete curb or curb and gutter and dispose of as outlined under the General SP - Disposal of Surplus Materials. The unit price bid shall also include the cost of saw cutting the existing asphalt pavement adjacent to the area of curb and gutter removed, if required. I ITEM NO.13 CONCRETE CURB AND GUTTER (ALL TYPES) For the unit price bid, the Contractor shall supply all labour and materials. Further to the requirements of 353.07.06, Joints, the Contractor, when placing concrete curb and gutter, by the extrusion method, shall saw -cut contraction joints in the hardened concrete within a sufficient time of placing of the curb and gutter to prevent uncontrolled cracking. The spacing of these joints shall be not more than 5.0 metres. ITEM NO. 14 REMOVAL OF CONCRETE SIDEWALK For the unit price bid, the Contractor shall remove all existing concrete sidewalk and the non - granular material under it sufficient to allow for the new walk and the required minimum 125 min of Granular "A" base. ' The unit price bid shall include the saw cutting of existing concrete sidewalk at the side streets and private walks adjacent to the front of buildings. The Contractor shall be responsible for any damages to existing building fronts during the removal of existing sidewalks, where applicable. Excavated material and concrete sidewalk shall be disposed of as outlined under the General SP - Disposal of Surplus Materials. SP-6 , ITEM NO. 15 PLACE CONCRETE SIDEWALK AND DRIVES For the unit price bid, the Contractor shall supply all labour and materials to place concrete sidewalks and drives where indicated on the drawings or designated by the Engineer at the time of construction. OPSS 351 is amended to include the following: 351.05.04 - Granular - the granular material shall be Granular "A". 351.07.02.02 - Granular Base - the placement depth of Granular "A" shall be 125 mm minimum or to the same depth as the sidewalk or drive. 351.07.10 - Joints - all longitudinal and transverse joints shall be saw cut contraction joints in the hardened concrete within a sufficient time of placing the sidewalk. 351.10 - Basis of Payment - Granular "A" shall be paid under the item Granular "A" as specified in OPSS 314. ITEM NO.16 TOPSOIL (IMPORTED) For the unit price bid, the Contractor shall fine grade to a uniform surface the areas to be topsoiled as indicated on the contract drawings or as designated by the Engineer at the time of construction. The topsoil shall be of good quality, subject to the Engineer's approval. The Contractor shall uniformly spread the topsoil to a depth of not less than 100 mm. The cost of fine grading, supplying, placing and raking the topsoil shall be included in the unit price bid. ITEM NO. 17 SODDING (NURSERY, UNSTAKED) For the unit price bid, the nursery sod and water for sod shall be supplied and placed by the Contractor at locations designated by the Engineer at the time of construction. All sod shall meet the requirements current at the date of contract of the Ontario Sod Growers Association for No. 1 Bluegrass Fescue Sod and shall be cut to a minimum thickness of 19 nun. All sod shall be delivered to the site in good condition and placed in a manner satisfactory to the Engineer. The sod shall be watered by the Contractor at his expense using approved equipment and in a manner that shall not erode, wash away, or damage the sod or topsoil. 1 I i I 11 1 SP-7 ' ITEM NO. 18 REMOVE AND REPLACE PRECAST CONCRETE UNIT PAVERS For the unit price bid, the Contractor shall remove and salvage existing concrete unit pavers and relay the pavers in the same pattern as removed. Any additional pavers required shall be supplied by the owner and any surplus pavers shall become the property of the owner. Setting bed for the pavers to be limestone screening 25 min thickness. Joint filler to be a clean, ' sharp natural, fine masonry sand. Sealer to be applied as per manufacturer's specifications. All materials required for setting bed, joint filler and sealer shall be included in the unit price bid ' for this item. All other work shall be in accordance with OPSS 355. ITEM NO. 19 ` SUPPLY, EXCAVATE FOR, PLACE AND BACKFILL STORM PIPE SEWERS Pipe Material OPSS 410.05 materials is amended to accept the following pipe material for storm sewers: ' (a) Concrete Sewer Pipe (Rigid) - 150 nun to 375 min Class 3 - 375 min or Greater as specified in the tender form (b) Polyvinyl Chloride (PVC) Pipe (Flexible) - Class SDR 35 or Class V (320 kPa) - Annular ribbed profile for ribbed pipe (c) Polyethylene Sewer Pipe (Flexible) - CSA certified Sewer Class to B 182.6 -150 mm to 600 min - smooth inner wall, annular corrugated profile (320 kPa), 15 PSI bell and spigot joints shall have elastomeric gaskets (CSA certified to B 182.6). If pipe material selected differs from that specified in the Form of Tender, the Contractor shall, upon request, supply the Engineer with proof of CSA certification for both the pipe and the elastomeric gaskets, all at the expense of the Contractor. ' The Contractor shall supply the pipe in the size and strength designated, as noted in the Form of Tender or approved equivalent by the Engineer. I Bedding And Backfill Bedding shall be Class B as per OPSD 802.030, 802.031, 802.032, 802.033 or 802.034 for rigid pipe and whichever soil type is applicable. , Bedding shall be as per OPSD 802.010, 802.013, or 802.014 for flexible pipe and whichever soil type is applicable. , Bedding material shall be Granular "A". Cover material shall be approved granular material or select native granular material to 300 mm above the top of pipe. Backfill shall be approved selected native material compacted to a minimum dry density of 95% or granular material compacted to a minimum dry density of 100% as noted in the Form of , Tender. The unit price bid shall include the cost of all granular bedding, cover material and the backfilling noted herein. All excavated material not required for backfill shall be disposed as outlined under the General SP - Disposal of Surplus Materials. The cost of this work shall be included in the unit price bid of sewer. ' All deflection testing of sewers as per OPSS 410.07.15.05 shall be included in the unit price bid if using PVC or polyethylene pipe. ' Compaction All bedding, cover and backfill materials shall be placed in layers prior to compacting in , accordance with OPSS 514.07.10. Compaction shall be done using a "Hoepac" type compaction unit. , All costs of compaction and water used for compaction shall be included in the unit price for sewer. No additional payment will be made for removal of existing sewers, watermains, or minor ' structures encountered in the trench excavation. Removing Existing Storm Sewer . r The unit price bid shall include the cost of removing existing storm sewers where applicable. ' Abandoning Sewers The Contractor will be required to plug up, by means of brick and mortar, certain existing sewers , that are to be abandoned, as directed by the Engineer. The cost of this work is to be included in the Contractor's bid for new sewer intercepting these old sewers or drains. , L.J 11 1 1 1 1 1 1 SP-9 Connecting Sewers The Contractor will be required, at his own expense, to make all connections to new and existing catch basins, maintenance holes, culverts, or sewers (regardless of pipe material) in a manner set out in the contract drawings or as designated by the Engineer at the time of construction. Maintenance Of Flow The Contractor shall provide for the maintenance of flow in all sewers and maintenance holes at all times. Restoration Restoration shall be as outlined under General SP - Restoration. 1 ITEM NO. 20 SUPPLY, EXCAVATE FOR, PLACE AND BACKFILL 600 mm x 600 mm CATCH BASINS (705.010), INCLUDING FRAME AND GRATES For the unit price bid, the Contractor shall carry out all excavation, bedding and backfill and supply all materials and labour required to complete the construction of catch basins in accordance 1 with OPSD 705.010. The unit price bid in all cases shall also include the supply and placing of catch basin frames and 1 grates in accordance with OPSD 400.110 and the cost of connecting new basins to existing sewers as directed at the time of construction. 1 Compaction around catch basins shall be done using a "Hoepac" type compaction unit. ' ITEM NO.21 SUPPLY, EXCAVATE FOR, PLACE AND BACKFH L 1200 mm PRECAST MAINTENANCE HOLES AND MAINTENANCE HOLE -CATCH BASINS, OPSD 1 701.010, INCLUDING FRAMES AND GRATES For the unit price bid, the Contractor shall supply all labour and materials for the complete 1 installation. The Contractor shall excavate to the required grade and shall also supply the necessary granular bedding and backfill and compact the same to the satisfaction of the Engineer. For the unit price bid, the Contractor shall supply and install frames and grates as shown on the drawings to the grade established by the Engineer. The Contractor shall supply ladder rungs and all materials to make all connections to existing sewers. 1 Also, when required, included in the unit price bid, the Contractor shall include the benching of all storm maintenance holes designated, as per OPSD 701.021. 1 1 SP-10 ' Where new maintenance holes are to be constructed on existing sewers, the Contractor will be ' required to maintain the sewage flow by either piping through the maintenance hole location or providing by-pass pumping around the maintenance hole site. The method proposed for maintaining flow shall be approved by the Engineer before this work commences. ' Compaction around maintenance holes shall be done using a "Hoepac" type of compaction unit. , ITEM NO. 22 RECONNECT EXISTING DRAINS AND SERVICES (up to 250 mm dia.) For the unit price bid, the Contractor shall excavate for, supply and install, reconnect and backfill all existing drains and/or services encountered, as directed at the time of construction. All connections shall be made with approved couplings (Femco or equivalent). Payment under this item will only be paid when directed by the Engineer to: , • Relocate drains and services that conflict with the sewer and/or watermain in horizontal or vertical alignment. , • Repair any drains and services encountered that have not been shown on the drawings. The Contractor is responsible for replacing all other broken or damaged drains and services , encountered in the excavation. ' ITEM NOS. 23-26 WATERMAIN INSTALLATION ' Work Plan Prior to site activities, the Contractor shall submit a Work Plan for review by the Engineer. The , Work Plan shall provide the following construction details: connection point(s) between existing and new watermains source water connection(s) cross -connection prevention procedures and equipment ' temporary watermains, if any swabbing details hydrostatic pressure test details , disinfection details dechlorination details flushing water disposal details , details of final connection to existing watermain. ' SP-11 ' The Contractor shall allow two weeks for the review and approval of the Work Plan. No site work shall proceed until the Work Plan has been approved by the Engineer. The Work Plan shall be submitted no later than at the Preconstruction Meeting. ' WATERMAIN CONSTRUCTION AND MATERIALS The Contractor shall obtain the approval of the Operating Authority of his proposed disruption of service to make all connections to the existing distribution system. The watermain construction shall be staged so as to minimize water service distribution to residences and shall be informed 24hrs. in advance as to when these disruptions will occur. The unit price bid for each item shall include all costs incurred in excavating for, placing, anchoring and blocking, connecting, testing, flushing, and disinfecting all watermain and fittings, as outlined in OPSS 701 and restoration outside general grading operations. The unit price bid per lineal metre shall include the cost of all granular bedding and back ill up to subgrade and/or original ground. All costs of compaction and water shall be home by the ' Contractor. I I 11 L L Materials All materials for watermains, valves, valve boxes, etc., shall be supplied by the Contractor. (No substitutes without Operating Authority approval.) Watermain Watermain material shall be Polyvinyl Chloride PC 250 (DR 18) as specified in the Form of Tender c/w Ring -Tile joints and No. 10/7 strand copper cable for a means of maintaining electrical continuity. Polyvinyl chloride watermain shall be in accordance with AW WA C900 for DR 18. Gate Valves and Boxes Valves shall be resilient seated gate valves. Main line valves to be MJ type with standard operating nut. Hydrant valves to be MJ to MJ gate valve with standard operating nut. All valves to be supplied with "O" ring packing for water use and open counter -clockwise. Valve boxes shall be Canada Valve screw type with No. 6 base. Tapping valves and sleeves must meet with approval of the Operating Authority. Resilient -seated gate valves shall be in accordance with AWWA C509. I SP-12 Fittings All fittings shall be ductile iron cement mortar lined mechanical joint type, with adaptors to suit ' other materials, where necessary. Fittings must be suitably thrust blocked or anchored with tie- backs. ' Ductile iron fittings shall be in accordance with AWWA C110, pressure rating 1035kPa. ' Hydrants Fire hydrants shall be the Mueller Canada Valve New Century type Compression or approved ' McAvity equivalent. Hydrant specifications as follows: • 2-64 mm hose connections , • B pumper connection Hydrants shall open counter -clockwise , • Colour shall be RED • Operating nut shall be standard • Hydrant length shall be such that the bottom of the upper barrel shall be 100 mm above ' finished grade • Bury depth 1.7 in. Dry -barrel fire hydrants shall be in accordance with AW WA C502. Services Min. 19 mm, Max. 50 mm i) Main Stops - to be 19 mm standard AW WA corporation valve inlet thread and copper compression outlet as supplied by Mueller. ' ii) Curb Stop - to be 19 mm CJ inlet and CJ outlet as supplied by Mueller or approved equivalent. iu) Pipe - to be 19 nun Type "K" copper tubing. , iv) Curb Boxes - Erie/Eclipse extension service box and stem (1.4 m to 1.7 m) with 25 mm dia. steel upper section. Box lids shall be regular ribbed with brass pentagon plus c/w standard stationary rod, supplied by Concord -Clow D-1 or Mueller equivalent. ' v) For PVC watermain, service saddles shall be Robar Stainless steel 2616 Double Bolt Wide ' Band. 11 ' SP-13 INSTALLATION Excavation All excavated material not required for backfill shall be disposed of as outlined under the General SP - Disposal of Materials. The cost of this work shall be included in the bid per metre of watermain. Removal of Old Mains, Services and Fittings ' For the unit prices bid for watermain construction, the Contractor shall include the removal of existing mains and services when required, and/or as directed by the Engineer at the time of construction. These mains shall become the property of the Contractor and shall be removed from the site of ' the work. Any fittings deemed salvageable shall be delivered to the Operating Authority's Workshop. ' Removal of Exiting Hydrant and Salvage For the unit price bid, the Contractor shall remove the existing hydrant as directed by the Engineer and the hydrant shall be delivered to the Operating Authority's Workshop in good order. Bedding and Backfill ' All bedding and cover material from the bottom of the pipe to a height of 0.30 metres above the top of the pipe shall be granular "A"or approved equal and shall be as required by OPSD 802.030, 802.031, 802.032 and 802.034 (Class B), whichever is applicable for rigid pipe, OPSD 802.010, 802.013, 802.014, 802.020, whichever is applicable for flexible pipe. The remainder of the backfill shall be with approved native material compacted to a minimum dry density of 100% or granular material compacted to a minimum dry density of 100% as noted in the Form of Tender. The price bid per lineal metre shall include the cost of all granular bedding, cover material and the backfrlling. ' All bedding, cover and backfill material shall be placed in layers prior to compacting in accordance with the amended OPSS 514, as outlined under the General SP - Compaction. 1 SP-14 , Laying and Jointing - P.V.C. The laying and jointing of pipe shall conform to OPSS 701 and shall also include the supply and the installation of a tracer wire (412/7 stranded copper) for providing electrical continuity with all fittings and services. The tracer wire shall rise to ground level at all valve boxes and be connected to all fittings and services. Installation of Services For the unit price bid per each, the Contractor shall include the cost of tapping the main, installing saddles where applicable, main stops and curb stops c/w service box, including all connections to new and existing mains and services. For the unit price bid per lineal metre, the Contractor shall include the cost of installing water service tubing by means of trenching and all services shall be laid to a depth of not less than 1.5 in. At vacant lots, the ends of all services shall be marked by a 38 mm x 89 mm wood post extending from the service to 300 mm above the surface of the ground and the top section painted fluorescent blue. The post shall be supplied and placed by the Contractor. The unit price bid shall include all restoration beyond the general grading limits. See restoration requirements stated elsewhere in the contract. Connection to Existing Main For the unit price bid, the Contractor shall supply all labour, equipment and materials to reconnect the existing main to the new main with the proper fittings to make the connection. Anodes for Cathodic Protection and Installation For the unit price bid for watermain appurtenances, the Contractor shall supply and install anodes as follows: Zinc anodes shall consist of a zinc casting with a galvanized steel core, packaged in a cardboard or cloth bag of minimum diameter of 100 mm. The backfill material shall consist of a gypsum/bentonite material having an electrical resistivity of less than 50 ohm cm. wet. An insulated copper wire shall be brazed to the core wire. Anodes shall be supplied in sizes of 2.3, 5.5 and 11.0 kg and installed as follows: Appurtenance Each copper service Anode Spacing/Requirements 5.5 kg anode per each 11 1 11 I 11 Hydrants .2 - 5.5 kg anode per each (see hydrant ' standard drawing 1105.01) ' SP-15 ' Connect anode copper lead wire to pipe, valve, fitting, hydrant, etc., with "cadweld" type connection. Connect to main stops or curb stops with the electrical ground connections supplied. Place anode in trench a minimum of 500 mm from pipe, valve, fitting, etc. Complete installation ' shall conform to anode manufacturer's recommendations. For all mechanical joint fittings and couplings used with either ductile iron or PVC pipe, a sacrificial zinc nut shall be installed on each bolt. They shall be of the protecto-cap type. The new watermain shall be isolated from the existing waterworks system using a physical separation until satisfactory bacteriological testing has been completed and accepted by the Contract Administrator and the Municipality. Water required to fill the new main for hydrostatic pressure testing, disinfection, and flushing shall be supplied through a temporary connection ' between the existing water system and the new main. The temporary connection shall include an appropriate cross -connection control device consistent with the degree of hazard (a double check valve assembly (used above or below ground level) or a reduced pressure principle backflow ' preventer (used above ground level ONLY)). The backflow preventer operation shall be in accordance with CAN/Canadian Standards Association-1364 Series Manual. The backffow preventer shall be disconnected (physically separated) from the new main during the hydrostatic pressure test. It will be necessary to re-establish the temporary connection after completion of the hydrostatic pressure test to swab, chlorinate and flush out the disinfectant water prior to final 1 connection of the new main to the waterworks system. (Refer to AWWA C651-99). Swabbing will be required prior to pressure testing, disinfection and commissioning of the main. A minimum of two (2) new swabs will be passed through each section of main line pipe to ensure that there is no blockage, debris, etc: The Contractor shall note that auxiliary equipment may be required for the swabbing operation. ' The pressure testing shall be in accordance with OPSS 701.07.22.01 hydrostatic testing and under the supervision of the Contract Administrator. ' At each service location, the Contractor shall provide service tubing extensions to above the ground surface to accommodate flushing of the services following the disinfection operations. At vacant lot locations, these extensions shall be cut off and crimped below ground as directed. The ' cost of providing for such extensions are to be included in the lump sum price bid. After disinfection in accordance with AWWA C651-99 of the watermains and services for 24 hours and final flushing, two consecutive sets of water samples, taken at least 24 hours apart, shall be collected for every 350 metres or part there of watermain plus from the end of the line ' and from each branch line off the main line. In addition, it is recommended that the existing water system be tested as well. ' Following disinfection of the watermains, the chlorinated water shall be managed and disposed of in accordance with OPSS 701.07.25. 11 F SP-16 ' Certified municipal staff or trained designate only (OWRA Reg. 459/00) shall collect samples for bacteriological testing. All water samples are to be analyzed by a Provincially accredited ' Laboratory. One 200 ml bacteriological sample (bottles supplied by the Labs ONLY) must be obtained from each location. The sample form is to be filled out requesting E.coli (Fecal Coliform), Total Coliform and background analysis and is to include the samplers license ' number. Each sample collected must include a "Total and Free Chlorine residual" reading. The Owner or Municipality will pay Laboratory expenses for the initial first 2 sets of sampling , requirement for bacteriological results. If the disinfection fails to produce satisfactory samples, disinfection shall be repeated at the Contractor's expense. , The minimum requirements for acceptability of bacteriological tests are: , E.coli (Fecal Coliform) Less than 1 cfu/100 ml Total Coliform Less than 1 cfu/100 ml Background Colonies not greater than 200/100 ml. ' Commissioning of New Main ' Once a complete set of tests including the bacteriological samples are satisfactory and the results are received, the Contract Administrator must request approval from the Municipality for the main to be connected to the existing water system. The Contract Administrator or designate must , be present on site during the removal of the temporary connection and until the connecting of the new main to the existing waterworks has been completed. , All new piping, services and appurtenances placed in the connection of the new main and existing waterworks system must be disinfected with a 1 % (10,000 mg/1) solution of sodium hypochlorite or equivalent method at the Contractor's expense. , The Contractor must provide in writing, a method of dewatering in order to protect the final , connection from contamination of the new or existing watermain with foreign material or groundwater. Should the need to re -disinfect, the entire cost of re -disinfecting the mains will be at the Contractor's expense. ' Testing, Flushing and Disinfection of New Services to be Connected to Existing Main The Contractor shall supply all labour, equipment and material for the testing, flushing and ' disinfection of the services in accordance with AWWA C651-99 and the following. The tubing and fitting shall be cleaned and disinfected with a 1-% (10,000 mg/L solution of , sodium hypochlorite or equivalent method and the service flushed until two consecutive chlorine residual tests of 0.75 to 1.0 mg/L as free chlorine are achieved before connecting to the existing service. [1 11 E1 SP-17 TEMPORARY WATER DISTRIBUTION If the Contractor proposes to supply, install and remove a temporary water distribution system, the following is required: Layout Plan Prior to installing the temporary water distribution system, a detailed plan of the system shall be provided by the Contractor and approved by the Engineer. The plan shall detail connection points, materials, mainline and service sizes, sampling points, emergency procedures and other related information about the temporary water system. The Contractor shall demonstrate that the level of service to the water users will not be impacted and that the temporary system will supply water demands at pressures normal to the existing system. The Contractor shall identify large or exceptional water users and incorporate their needs into the temporary water distribution system. Pipe Diameter The minimum pipe size shall be 50 mm for mainlines and 19 mm for individual service connections. The maximum pipe size shall be that of the watermain being replaced. Location The temporary distribution piping shall be installed behind the sidewalk and service piping shall be installed along the edge of existing driveways to avoid grass -cutting conflicts. All above ground piping shall be installed with appropriate ramping or burial such that the piping will: not to be endangered by equipment or vehicular traffic not pose a hazard for pedestrians (tripping, etc) • provide a barrier -free access • be constructed to safeguard against vandalism and tampering Isolation Valves Isolation valves are required at the source water connection, branches (2 on 3 way, 3 on 4 way) and at every service. SP-18 ' Source Water Connection The connection of the temporary water system to the existing distribution system must be done in ' a secure location and be vandal and tamper resistant. A cross -connection control device is required to separate the two systems as long as the temporary system is in service. The cross- ' connection control device shall be a double check or a reduced pressure type assembly and shall be installed, maintained, and field-tested in accordance with the latest edition of CAN/CSA-B64 Series Manual and disinfected prior to installation. At the beginning of the project on the first , installation, a certificate of operation must be completed by an appropriately licensed individual and submitted to the Engineer prior to the cross -connection control device being put into use. , Source water connections to fire hydrants are discouraged unless the Contractor can demonstrate that the hydrant has been disinfected and thoroughly flushed. The Owner assumes no ' responsibility for the quality of water obtained from a hydrant. After disinfection, the hydrant must be pressurized at all times that it serves as a source of potable water. Pressure Testing and Leakage , All above ground piping must be regularly inspected to ensure leak tight connections at the , beginning and during the period that the temporary water distribution is in use. At the discretion of the Engineer, buried temporary water distribution piping must satisfy , hydrostatic pressure testing. Operation ' The temporary water distribution system must be continually pressurized after the bacteriological testing is completed and be capable of supplying normal water demands throughout its , installation. During service connections, a minimal portion of the system shall be depressurised at any one time. All service connections shall be superchlorinated in the presence of the Engineer before , connecting. 1 Chlorine Residual and Bacteriological Testing After the temporary water system is installed (mainlines and services) in its final location but , before service piping is connected to the water users, the temporary water distribution system must satisfy the chlorine residual an bacteriological testing standards and protocols for the , commissioning of new watermains. Samples must be collected at the end of each branch (individual services under 50 min exempt unless designated by the Engineer) and at maximum 350 m intervals. ' All licensing, procedural standards, bacteriological and chlorine residual requirements detailed for commissioning watermains apply to sampling the temporary water distribution system. , ' SP-19 Weekly chlorine residual and bacteriological samples shall be taken until the temporary system is decommissioned. The chlorine residual and bacteriological requirements after the temporary system is installed shall be that associated with the existing distribution system. If a water sample is shown adverse in accordance with Reg. 170/03 after the temporary water distribution system is in service, the Engineer will notify the Contractor as soon as possible. The severity of the problem will be addressed and corrective action determined by the Engineer. If ' the temporary water system must be disconnected, the Contractor must supply bottled water or an alternate water supply to the interrupted water users. Before the temporary water system can be ' placed back into operation, it must satisfy the chlorine residual and bacteriological testing standards and protocols used to initially commission the temporary system. Analytical fees and cost of gathering samples for the temporary system will be the Contractor's responsibility. Service Connections The service connection piping shall be installed at the same time as the main line in order that ' disinfection is accomplished on the service piping. Connection shall not be made to the water user until the chlorine residual and bacteriological testing requirements have been satisfied. A check valve shall be installed on the service connection between the mainline and the connection to the water user. Prior to connection to water users, individual service lines shall be thoroughly flushed. A typical service connection to a private building shall be at an outside hose bib. An individual ' WYE type connector shall be installed. A vacuum breaker shall be installed on the side opposite the service connection. In the event that this scenario is not possible, it is the responsibility of ' the Contractor to determine how to provide temporary water service to the satisfaction of the Engineer and property owner. Any excavation on private property or internal plumbing modifications must only be done after written approval is obtained from the property owner and applicable plumbing permits obtained. A copy of any written approvals must be provided to the Engineer. The property owner is under no obligation to allow the temporary water system to be connected to their internal system at any location other than on the public side of the curb stop. In the event that a property owner will not permit an above ground connection as a typical, it shall be the ' Contractor's responsibility to make alternate arrangements to service the property. In lieu of making above -ground temporary servicing, the Contractor has the option to connect the ' temporary distribution system to the public side of the existing curb stop. SP-20 ' Off -hours Corrective Action In the event that corrective action is needed to the temporary water distribution system outside of , normal working hours, the Engineer and/or the Owner will attempt to contact the Contractor to take corrective actions. If in the sole opinion of the Owner that the Contractor is unable to make ' the corrections in a timely manner, the Owner may direct their own forces to take corrective steps. The Contractor will be liable for any costs incurred by the Owner. ' Relocation of Temporary System The relocation of the temporary water system either in whole or parts by any means without , conducting and passing the chlorine residual and bacteriological requirements shall not be permitted. Relocation here is defined as depressurising and moving the pipework in order to ' service other water users. ITEM NO.27 ' TESTING, FLUSHING, SWABBING AND DISINFECTION OF WATERMAINS For the lump sum price bid, the Contractor shall supply all labour, equipment and materials for ' the temporary connection, testing, flushing, swabbing and disinfection of watermains and services in accordance with the following specifications, OPSS 701 for pressure testing, AWWA C651-99 for disinfection and connection to waterworks system. , The new watermain shall be isolated from the existing waterworks system using a physical separation until satisfactory bacteriological testing has been completed and accepted by the ' Engineer and the. Owner. Water required to fill the new main for hydrostatic pressure testing, disinfection, and flushing shall be supplied through a temporary connection between the existing water system and the new main. The temporary connection shall include an appropriate cross - ' connection control device consistent with the degree of hazard (a double check valve assembly (used above or below ground level) or a reduced pressure principle backflow preventer (used above ground level ONLY)). The cross -connection control device operation shall be in ' accordance with CAN/Canadian Standards Association-1364 Series Manual and disinfected prior to installation. The backflow preventer shall be disconnected (physically separated) from the new main during the hydrostatic pressure test. It will be necessary to re-establish the temporary ' connection after completion of the hydrostatic pressure test to swab, chlorinate and flush out the disinfectant water prior to final connection of the new main to the waterworks system. (Refer to ' AWWA C651-99). Swabbing will be required prior to pressure testing, disinfection and commissioning of the main. , A minimum of two (2) new swabs will be passed through each section of main line pipe to ensure that there is no blockage, debris, etc. The Contractor shall note that auxiliary equipment may be required for the swabbing operation. ' Swabs shall be polyurethane with a density of 24.7 kg/m3 and shall have a minimum diameter 50 mm larger than the diameter of the watermain and have a minimum length of one and one half , times its diameter. I SP-21 Swabs shall be propelled through the watermain at a speed of 0.5 to 1.0 m/s using potable water. The Contractor shall discharge water to an approved outlet ensuring all required erosion and sediment control and dechlorination measures are followed. ' The swabbing shall continue until the discharge water runs clear within ten seconds of the last swab exiting the discharge point. ' The Contractor shall mark, number and demonstrate to the Engineer that all swabs, or parts thereof, have been retrieved. The Contractor shall be liable for costs associated with damage caused by and retrieving swabs that, for whatever reason, escape into the existing water ' - distribution system. The pressure testing shall be in accordance with OPSS 701.07.22.01 hydrostatic testing and under the supervision of the Engineer. ' At each service location, the Contractor shall provide service tubing extensions to above the ground surface to accommodate flushing of the services following the disinfection operations. At vacant lot locations, these extensions shall be cut off and crimped below ground as directed. ' The cost of providing for such extensions are to be included in the lump sum price bid. After disinfection in accordance with AWWA C651-99 of the watermains and services for 24 ' hours and final flushing, two consecutive sets of water samples, taken at least 24 hours apart, shall be collected for every 350 metres or part thereof of watermain plus from the end of the line and from each branch line off the main line. In addition, it is recommended that the existing. ' water system be tested as well, at a location(s) near the new construction. ' Following disinfection of the watermains, the chlorinated water shall be managed and disposed of in accordance with OPSS 701.07.25. ' Certified municipal staff or trained designate only (OWRA Reg. 170/03) shall collect samples for bacteriological testing. All water samples are to be analyzed by a Provincially accredited Laboratory. One 200 ml bacteriological sample (bottles supplied by the Labs ONLY) must be ' obtained from each location. The sample form is to be filled out requesting E.coli (Fecal Coliform), Total Coliform and background analysis and is to include the samplers license number. Each sample collected must include a "Total and Free Chlorine residual" reading. 11 The Owner will pay Laboratory expenses for the initial first 2 sets of sampling requirement for bacteriological results. If the disinfection fails to produce satisfactory samples, disinfection shall be repeated at the Contractor's expense. The minimum requirements for acceptability of bacteriological tests are: E.coli (Fecal Coliform) Total Coliform Background Colonies Less than 1 cfu/100 ml Less than 1 cf i/100 ml not greater than 200/100 ml. SP-22 I Commissioning of New Main ' Once a complete set of tests including the bacteriological samples are satisfactory and the results are received, the Engineer must request approval from the Owner for the main to be connected to the existing water system. The Owner and/or the Engineer must be present on site during the ' removal of the temporary connection and until the connecting of the new main to the existing waterworks has been completed. ' All new piping, services and appurtenances placed in the connection of the new main and existing waterworks system must be disinfected with a 1% (10,000 mg/1) solution of sodium hypochlorite or equivalent method at the Contractor's expense. , The Contractor must provide in writing, a method of dewatering in order to protect the final ' connection from contamination of the new or existing watermain with foreign material or groundwater. Should the need to re -disinfect, the entire cost of re -disinfecting the mains will be at the Contractor's expense. ' Testing, Flushing and Disinfection of New Services to be Connected to Existing Main The Contractor shall supply all labour, equipment and material for the testing, flushing and , disinfection of the services in accordance with AW WA C651-99 and the following. The tubing and fitting shall be cleaned and disinfected with a 1% (10,000 mg/L solution of , sodium hypochlorite or equivalent method and the service flushed until two consecutive chlorine residual tests of 0.75 to 1.0 mg/L as free chlorine are achieved before connecting to the existing ' service. Dechlorination ' All water wasted in the process of testing, flushing, swabbing and disinfecting of watermains shall be discharged into the stormwater system and must be neutralized to provide a total chlorine residual of less than 2 mg/L. The Engineer will monitor the discharge of wastewater. Should tests show a residual greater than 2 mg/L, the discharge shall be ceased immediately and the , procedure modified to meet less than the 2 mg/L objective. In all cases, the wasted water must be neutralized to provide a total chlorine residual of less than , 2 micrograms/litre (0.002 ppm) (Reg. 170/03 - B13-3) at the outfall where detrimental effects may be suffered by plants and/or animals in the natural environment. The Engineer will monitor the discharge of wastewater. Should tests show a residual greater than 2 micrograms/litre, the , discharge shall be ceased immediately and the procedure modified to meet the less than 2 microgams/litre objective. , Sites within 100 m of natural drainage, or with direct discharge with a water body, should be considered high risk. In such instances, the Owner may request a dechlorination plan along with contingency and mitigation plans in the event that the chlorine residuals exceed those specified. , SP-23 ' When no other options are available, the Contractor may be permitted to discharge waste water into the sanitary collection system only upon written approval of the Owner. The Owner may direct the Contractor to dechlorinate to a specified chlorine residual prior to discharge or limit the discharge rate. The Engineer will monitor the discharge of wastewater to ensure the chlorine residual and discharge limits are not exceeded. ' ITEM NO. 28 ADDITIONAL TRENCH EXCAVATION ' When unsuitable soils are encountered and where conditions warrant, and on the Engineer's direction, the Contractor shall excavate below the proposed trench bottom. Payment shall be at the unit price bid for this item and shall include the removal and disposal of this material. Disposal shall be as outlined under the General SP - Disposal of Surplus Materials. ' ITEM NO.29 IMPORTED GRANULAR BACKFILL For the unit price bid, the Contractor shall supply to the site, place and compact approved imported granular material in the sewer and/or watermain trenches, whichever is applicable, where native material is unsuitable. The removal and disposal of a similar amount of unsuitable ' excavated material shall be included in the unit price bid for this item. Disposal shall be as outlined under the General SP - Disposal of Surplus Materials. Payment under this item will only be made in areas where native backfill has been specified, and in the opinion of the Engineer, the native material is unsuitable for backfill. In all areas where granular backfill is specified, the cost of this material shall be included in the unit price bid for the item. ITEM NO.30 SUPPLY AND PLACE 20 mm CRUSHED STONE BEDDING Where conditions warrant, and on the Engineer's direction, and for the unit price bid, the Contractor shall supply to the site, place, fine grade and compact 20 nun crushed stone bedding required in the sewer and/or watermain trench. Payment under this item will only be made in areas where, in the opinion of the engineer, it is necessary to excavate below the proposed trench bottom and additional crushed stone bedding to provide a proper foundation. I SP-24 , ITEM NO. 31 SUPPLY AND PLACE IMPORTED GRANULAR BEDDING When directed by the Engineer, and for the unit price bid, the Contractor shall supply to the site, place, fine grade, and compact approved imported granular bedding required in the sewer trench. The removal and disposal of a similar amount of unsuitable excavated material shall be included in the unit price bid for this item. Disposal shall be as outlined under the General SP - Disposal of Surplus Material. Payment under this item will only be made in areas where, in the opinion of the Engineer, it is necessary to excavate below the proposed trench bottom and provide additional granular bedding to provide a proper foundation. ITEM NO.32 BONDING AND INSURANCE For the lump sum price, the Contractor shall include the cost of bonding and insurance as specified. Payment under this item will be made proportional to completion of the entire project. ITEM NO.33 CONTINGENCIES A lump sum allowance has been made for contingencies in the contract. Only those additional items approved in writing on behalf of the Owner, by the Engineer, will be expended from this allowance. ITEM NO.34 LUMP SUM FOR OTHER REQUIREMENTS In Item No. 34 of the Form of Tender, the Tenderer shall enter his tender price for providing items such as watchmen, permits and approvals (other than those to be paid for by the Owner), items required by the Drawings or Specifications but which have been omitted from the Schedule of Item and Prices and other items required by the contract but not specifically covered by or related to the other items in the Schedule of Items and Prices. Each progress payment certificate will include a percentage of the tender price for this item in proportion to the percentage of the permanent works completed. The submission by a tenderer of an unbalanced price for this item renders the tender liable to disqualification. [1 i t n [I C' 1999. 1.0 2.0 1 1 1 SGC-1 SUPPLEMENTAL GENERAL CONDITIONS The following items shall supplement the OPS General Conditions of Contract, September Section GC2.02, Order of Precedence, shall be revised such that documents shall take precedence and govern in the following order: a) Agreement b) Addenda c) Special Provisions d) Contract Drawings e) Information to Bidders f) Standard Specifications g) Standard Drawings h) Tender i) Supplemental General Conditions j) General Conditions Section GC8.02.02, Advance Payments for Materials, shall be revised as follows: "The Owner may make advanced payments for materials on site, provided: a) That such materials or equipment has been delivered and is properly stored on the construction site. b) The Contractor has presented the Contract Administrator with invoices to verify the costs of such materials or equipment." F:\wp\Contracts\Forms\Supp. Gen. Conditions.doc I I I I I I I I I I I OPS GENERAL CONDITIONS OF CONTRACT I.gt i7v Table of Contents SECTION GC 1.0 - INTERPRETATION September 1999 GC 1.01 Captions GC 1.02 Abbreviations GC 1.03 Gender and Singular References GC 1.04 Definitions GC 1.05 Substantial Performance GC 1.06 Completion GC 1.07 Final Acceptance GC 1.08 Interpretation of Certain Words SECTION GC 2.0 • CONTRACT DOCUMENTS GC 2.01 Reliance on Contract Documents GC 2.02 Order of Precedence SECTION GC 3.0 • ADMINISTRATION OF THE CONTRACT GC 3.01 Contract Administrator's Authority GC 3.02 Working Drawings GC 3.03 Right of the Contract Administrator to Modify Methods and Equipment GC 3.04 Emergency Situations GC 3.05 Layout GC 3.06 Working Area GC 3.07 Extension of Contract Time GC 3.08 Delays GC 3.09 Assignment of Contract GC 3.10 Subcontracting by the Contractor I GC 3.11 Changes ■ GC 3.11.01 Changes in the Work ' GC 3.11.02 Extra Work GC 3.11.03 Additional Work ' GC 3.12 Notices GC 3.13 Use and Occupancy of the Work Prior to Substantial Performance GC 3.14 Claims, Negotiations, Mediation GC 3.14.01 Continuance of the Work ' GC 3.14.02 Record Keeping GC 3.14.03 Claims Procedure ' GC 3.14.04 Negotiations GC 3.14.05 Mediation GC 3.14.06 Payment ' GC 3.14.07 Rights of Both Parties GC 3.15 Engineering Arbitration ' GC 3.15.01 Conditions for Engineering Arbitration GC 3.15.02 Arbitration Procedure GC 3.15.03 Appointment of Arbitrator 3.15.04 Costs ' GC GC 3.15.05 The Decision ' GC 3.16 Archaeological Finds SECTION GC 4.0 •OWNER'S RESPONSIBILITIES AND RIGHTS ' GC 4.01 Working Area GC 4.02 Approvals and Permits , GC 4.03 Management and Disposition of Materials Affecting Railway Property ' GC 4.04 Construction GC 4.05 Default by the Contractor ' Rev, Date: 99109 General Conditions Page 2 OPS General Conditions of Contract k 1 1 GC 4.06 Notification of Default 1 GC 4.07 Contractor's Right to Correct a Default GC 4.06 Owners Right to Correct Default 1 GC 4.09 Termination of Contractor's Right to Continue the Work GC 4.10 Final Payment to Contractor 1 GC 4,11 Termination of the Contract GC 4.12 Continuation of Contractor's Obligations 1 GC 4.13 Use of Performance Bond SECTION GC 5.0 - MATERIAL 1 Supply Material GC 5.01 of 1 GC 5.02 Quality of Material GC 5.03 Rejected Material 1 GC 5.04 Substitutions GC 5.05 Owner Supplied Material 1 GC 5.05.01 Ordering of Excess Material GC 5.05.02 Care of Material 1 SECTION GC 6.0 - INSURANCE, PROTECTION AND DAMAGE GC 6.01 Protection of Work, Persons and Property 1 GC 6.02 Indemnification 1 GC 6.03 Contractor's Insurance GC 6.03.01 General 1 GC 6.03.02 General Liability Insurance GC 6.03.03 Automobile Liability Insurance ' GC 6.03.04 Aircraft and Watercraft Liability Insurance GC 6.03.05 Property and Boiler Insurance 1 GC 6.03.05.01 Property Insurance GC 6.03.05.02 Boiler Insurance the Work Prior to Completion GC 6.03.05.03 Use and Occupancy of 1 GC 6.03.05.04 Payment for Loss or Damage 1 Rev. Date: 99109 General Conditions Page 3 OPS General Conditions of Contrail GC 6.03.06 Contractor's Equipment Insurance ' GC 6.03.07 GC 6.G4 Insurance Requirements and Duration ' Bonding SECTION GC 7.0 - CONTRACTOR'S RESPONSIBILITIES AND CONTROL OF THE WORK , GC 7.01 General GC 7.02 Layout ' GC 7.03 Damage by Vehicles or Other Equipment GC 7.04 Excess Loading of Motor Vehicles ' GC 7.05 Condition of the Working Area GC 7.06 Maintaining Roadways and Detours , GC 7.07 Access to Properties Adjoining the Work and Interruption of Utility Services GC 7.08 Approvals and Permits , GC 7.09 Suspension of Work GC , 7.10 Contractor's Right to Stop the Work or Terminate the Contract GC 7.11 Notices by the Contractor ' GC 7.12 Obstructions GC 7.13 Limitations of Operations ' GC 7.14 Cleaning Up Before Acceptance GC 7.15 Warranty ' SECTION GC 8.0 - MEASUREMENT AND PAYMENT GC 8.01 Measurement , GC 8.01.01 Quantities , GC 8.01.02 Variations in Tender Quantities GC 8.02 Payment , GC 8.02.01 Price for Work GC 8.02.02 Advance Payments for Material , Rev. Date: 99/09 General Conditions Page 4 OPS General Conditions of Contract ' I 1 [1 1 GC 8.02.03 Certification and Payment GC 8.02.03.01 Progress Payment Certificate GC 8.02.03.02 Certification of Subcontract Completion GC 8.02.03.03 Subcontract Statutory Holdback Release Certificate and Payment GC 8.02.03.04 Certification of Substantial Performance GC 8.02.03.05 Substantial Performance Payment and Substantial Performance Statutory Holdback Release Payment Certificates GC 8.02.03.06 Certification of Completion GC 8.02.03.07 Completion Payment and Completion Statutory Holdback Release Payment Certificates GC 8.02.03.08 Interest GC 8.02.03.09 Interest for Late Payment GC 8.02.03.10 Interest for Negotiations and Claims GC 8.02.03.11 Owner's Set -Off GC 8.02.03.12 Delay in Payment GC 8.02.04 Payment on a Time and Material Basis GC 8.02.04.01 Definitions GC 8.02.04.02 Daily Work Records GC 8.02.04.03 Payment for Work GC 8.02.04.04 Payment for Labour GC 8.02.04.05 Payment for Material GC 8.02.04.06 Payment for Equipment GC 8.02.04.06,01 Working Time GC 8.02.04.06.02 Standby Time GC 8.02.04.07 Payment for Hand Tools GC 8.02.04.08 Payment for Work by Subcontractors GC 8.02.04.09 Submission of Invoices GC 8.02.05 Final Acceptance Certificate GC 8.02.06 Payment of Workers GC 8.02.07 Records GC 8.02.08 Taxes and Duties GC 8.02.09 Liquidated Damages ' Rev. Date: 99109 General Conditions Page 5 OPS General Conditions of Contrail Ll Ontario Provincial Standards �.{ for +�%.�• S Roads and Public Works GENERAL CONDITIONS OF CONTRACT SECTION GC 1.0 - INTERPRETATION GC 1.01 Captions I 1 September 1999 1 1 1 .01 The captions appearing in these General Conditions have been inserted as a matter of convenience 1 and for ease of reference only and in no way define, limit or enlarge the scope or meaning of the General Conditions or any provision hereof. GC 1.02 Abbreviations .01 The abbreviations on the left below are commonly found in the Contract Documents and represent the organizations and phrases listed on the right: "AASHTO" - American Association of State Highway Transportation Officials "ANSI" - American National Standards Institute "ASTM" - American Society for Testing and Materials "AWG" - American Wire Gauge "AWWA" - American Water Works Association "CESA" - Canadian Engineering Standards Association "CGSB" - Canadian General Standards Board "CSA" - Canadian Standards Association "CWB" - Canadian Welding Bureau "GC" - General Conditions "MOE" - Ministry of the Environment (Ontario) "MTC" - Ministry of Transportation (Ontario) "MTO" - Ministry of Transportation (Ontario) "MUTCD" - Manual of Uniform Traffic Control Devices, published by MTO "OPS" - Ontario Provincial Standard "OPSD" - Ontario Provincial Standard Drawing "OPSS" - Ontario Provincial Standard Specification "PEO" - Professional Engineers Ontario "SAE" - Society of Automotive Engineers "SSPC" - Structural Steel Painting Council "UL" - Underwriters Laboratories "ULC" - Underwriters Laboratories Canada GC 1.03 Gender and Singular References .01 References to the masculine or singular throughout the Contract Documents shall be considered to include the feminine and the plural and vice versa as the context requires. 1 1 1 1 P !I 1 1 Rev. Date: 99109 General Conditions Page 6 OPS General Conditions of Contract 1 ' GC 1.04 Definitions ' .01 For the purposes of this Contract the fallowing definitions apply: Actual Measurement: means the field measurement of that quantity within the approved limits of the ' Work. Additional Work: means work not provided for in the Contract and not considered by the Contract Administrator to be essential to the satisfactory completion of the Contract within its intended scope. Base: means a layer of material of specified type and thickness placed immediately below the pavement, driving surface, finished grade, curb and gutter, or sidewalk. ' Certificate of Subcontract Completion: means the certificate issued by the Contract Administrator in accordance with clause GC 8.02.03.02, Certification of Subcontract Completion. ' Certificate of Substantial Performance: means the certificate issued by the Contract Administrator at Substantial Performance. Change Directive: means any written instruction signed by the Owner, or by the Contract Administrator ' where so authorized, directing that a Change in the Work or Extra Work be performed. Change in the Work: means the deletion, extension, increase, decrease or alteration of lines, grades, dimensions, quantities, methods, drawings, substantial changes in geotechnical, subsurface, surface or ' other conditions, changes in the character of the Work to be done or materials of the Work or part thereof, within the intended scope of the Contract. Change Order: means a written amendment to the Contract signed by the Contractor and the Owner, or the Contract Administrator where so authorized, covering contingencies, a Change in the Work, Extra Work, Additional Work and changed subsurface conditions, and establishing the basis for payment and the time allowed for the adjustment of the Contract Time. Completion Certificate: means the certificate issued by the Contract Administrator at completion. ' Constructor: means, for the purposes of, and within the meaning of the Occupational Health and Safety Act, R.S.O. 1990, c.0.1, as amended and amendments thereto, the Contractor who executes the Contract. Contract: means the undertaking by the Owner and the Contractor to perform their respective duties, responsibilities and obligations as prescribed in the Contract Documents. 1 Contract Administrator: means the person, partnership or corporation designated by the Owner to be the Owner's representative for the purposes of the Contract. Contract Documents: mean the executed Agreement between the Owner and the Contractor, the ' Tender, the General Conditions of Contract, the Supplemental General Conditions of Contract, Standard Specifications, Special Provisions, Contract Drawings, addenda incorporated in a Contract Document before the execution of the Agreement, such other documents as may be listed in the Agreement and ' subsequent amendments to the Contract Documents made pursuant to the provisions of the Agreement. Contract Drawings: or Contract Plans: mean drawings or plans, any Geotechnical Report, any Subsurface Report and other reports and information provided by the Owner for the Work, and without limiting the generality thereof, may include soil profiles, foundation investigation reports, reinforcing steel schedules, aggregate sources lists, Quantity Sheets, cross -sections and standard drawings. Rev. Date: 99l09 General Conditions Page 7 OPS General Conditions of Contract I IJ Contract Time: means the time st3pulaled in the Contract Documents for Substantial Performance of the Wcrk, including any extension of Contract Time made pursuant to the Contract Documents. ' Contractor: means the person, partnership or corporation undertaking the Work as identified in the Agreement. ' Controlling Operation: means any component of the Work, which, if delayed, will delay the completion of the Work. Cost Plus:. See "Time and Material". , Cut -Off Date: means the date up to which payment will be made for work performed. Daily Work Records: mean daily Records detailing the number and categories of workers and hours ' worked or on standby; types and quantities of Equipment and number of hours in use or on standby: and description and quantities of Material utilized. t Day: means a calendar day. Drawings: or Plans: mean any Contract Drawings or Contract Plans or any Working Drawings or Working Plans, or any reproductions of drawings or plans pertaining to the Work. Equipment: means all machinery and equipment used for preparing, fabricating, conveying or erecting the Work and normally referred to as construction machinery and equipment. ' Estimate: means a calculation of the quantity or cost of the Work or part of it depending on the context. Extra Work: means work not provided for in the Contract as awarded but considered by the Contract , Administrator to be essential to the satisfactory completion of the Contract within its intended scope, including unanticipated work required to comply with legislation and regulations which affect the Work. Final Acceptance Certificate: means the certificate issued by the Contract Administrator at Final Acceptance of the Work. Final Detailed Statement: means a complete evaluation prepared by the Contract Administrator showing , the quantities, unit prices and final dollar amounts of all items of work completed under the Contract, including variations in tender items and Extra Work, all as set out in the same general form as the monthly estimates. ' Force Account: See "Time and Material". Geotechnical Report: means a report or other information identifying soil, rock and ground water conditions in the area of any proposed excavation or fill. Grade: means the required elevation of that part of the work. ' Hand Tools: means tools that are commonly called tools or implements of the trade and include small power tools. ' Highway: means a common and public highway any part of which is intended for or used by the general public for the passage of vehicles and includes the area between the lateral property lines thereof. Rev. Date: 99109 General Conditions Page 8 OPS General Conditions of Contract ' ' Lump Sum Item: means a lender item indicating a portion of the Work for which payment will be made at a single tendered price. Payment is not based on a measured quantity, although a quantity may be given ' in the Contract Documents. Major Item: means any tender item that has a value, calculated on the basis of its actual or estimated tender quantity, whichever is the larger, multiplied by its tender unit price, which is equal or greater than the lesser of, a) $100,000, or b) 5% of the total tender value calculated on the basis of the total of all the estimated tender ' quantities and the tender unit prices. Material: means material, machinery, equipment and fixtures forming part of the Work. Owner: means the party to the Contract for whom the Work is being performed, as identified in the Agreement, and includes, with the same meaning and import, "Authority". Pavement: means a wearing course or courses placed on the Roadway and consisting of asphaltic concrete, hydraulic cement concrete - Portland cement concrete, or plant or road mixed mulch. 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 Workas shown in the Contract Documents. ' Project: means the construction of the Work as contemplated by this Contract. ' Quantity Sheet: means a list of the quantities of Work to be done. Rate of Interest: means the rate determined by the Minister of Finance of Ontario and issued by, and available from, the Owner. Records: mean any books, payrolls, accounts or other information which relate to the Work or any Change in the Work or claims arising therefrom. Roadway: means that part of the Highway designed or intended for use by vehicular traffic and includes the Shoulders. ' Shoulder: means that portion of the Roadway between the edge of the wearing surface and the top inside edge of the ditch or fill slope. ' Special Provisions: mean special directions containing requirements peculiar to the Work. Standard Specification: means a standard practice required and stipulated by the Owner for performance of the Work. ' Subbase: means a layer of material of specified type and thickness between the Subgrade and the Base. Subcontractor: means a person, partnership or corporation undertaking the execution of a part of the Work by virtue of an agreement with the Contractor. Subgrade: means the earth or rock surface, whether in cut or fill, as prepared to support the Base, ' Subbase and Pavement. ' Rev. Date: 99l09 General Conditions Page 9 OPS General Conditions of Contract [J 1 1 Subsurface Report: means a repert or other information identifying the location of utilities, concealed and adjacent structures and physical obstructions which fall within the influence of the Work. 1 Superintendent: means the Contractor's authorized representative in responsible charge of the Work. Surety: means the person, partnership or corporation, other than the Contractor, licensed in Ontario to transact business under the Insurance Act, R.S.O. 1990, c.1.8, as amended, executing a bond provided by 1 the Contractor. Tender: means an offer in writing from the Contractor, submitted in the format prescribed by the Owner, 1 to complete the Work. Time and Material: means costs calculated according to clause GC 8.02.04, Payment on a Time and Material Basis. Where "Cost Plus" and "Force Account" are used they shall have the same meaning. 1 Utility: means an aboveground or underground facility maintained by a municipality, public utility authority or regulated authority and includes services such as sanitary sewer, storm sewer, water, electric, gas, oil, steam, data transmission, telephone and cable television. 1 Warranty Period: means the period of 12 months from the date of Substantial Performance or such longer period as may be specified for certain Materials or some or all of the Work. Where a date of Substantial Performance is not established, the Warranty Period shall commence on the date of 1 Completion. Work: means the total construction and related services required by the Contract Documents. 1 Working Area: means all the lands and easements owned or acquired by the Owner for the construction of the Work. 1 Working Day: means any Day, a) except Saturdays, Sundays and statutory holidays; b) a Day as determined by the Contract Administrator, on which the Contractor is prevented by except inclement weather or conditions resulting immediately therefrom, from proceeding with a Controlling 1 Operation. For the purposes of this definition, this will be a Day during which the Contractor cannot proceed with at least 60% of the normal labour and equipment force effectively engaged on the Controlling Operation for at least 5 hours; 1 c) except a Day on which the Contractor is prevented from proceeding with a Controlling Operation, as determined by the Contract Administrator by reason of, h any breach of the Contract by the Owner or if such prevention is due to the Owner, another 1 contractor hired by the Owner, or an employee of any one of them, or by anyone else acting on behalf of the Owner. H. on -delivery of Owner -supplied materials, iii. any cause beyond the reasonable control of the Contractor which can be substantiated by the 1 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. 1 1 Rev. Date: 99/09 General Conditions Page 10 DIPS General Conditions of Contract 1 I GC 1.05 Substantial Performance .01. The Work is substantially performed, a) when the Work to be performed under the Contract or a substantial part thereof is ready for use or is beingused for the purpose intended; and b) when the Work to be performed under the Contract is capable of completion or, where there is a known defect, the cost of correction, is not more than i. 3% of the first $500,000 of the Contract price, ii. 2% of the next $500,000 of the Contract price, and iii. 1% of the balance of the Contract price. .02 For the purposes of this Contract, where the Work or a substantial part thereof is ready for use or is being used for the purposes intended and the remainder of the Work cannot be completed ' expeditiously for reasons beyond the control of the Contractor or, where the Owner and the Contractor agree not to complete the Work expeditiously, the price of the services or materials remaining to be supplied and required to complete the Work shall be deducted from the Contract price in determining Substantial Performance. ' GC 1.06 Completion .01 The Work shall be deemed to be completed and services or Materials shall be deemed to be last supplied to the Work when the price of completion, correction of a known defect or last supply is not more than the lesser of, a) 1% of the Contract price; or b) $1,000. GC 1.07 Final Acceptance ' 01 Final Acceptance shall be deemed to occur when the Contract Administrator is satisfied that, to the best of the Contract Administrator's knowledge at that time, the Contractor has rectt ied tilt Imperfect work and has discharged all of the Contractor's obligations under the Contract. 1 GC 1.08 Interpretation of Certain Words .01 The words "acceptable", "approval", "authorized", "considered necessary", "directed", "required", ' "satisfactory", or words of like import, shall mean approval of, directed, required, considered necessary or authorized by and acceptable or satisfactory to the Contract Administrator unless the context clearly indicates otherwise. 1 ' Rev. Date: 99109 General Conditions Page 11 GPS General Conditions of Contract SECTION GC 2.0 - CONTRACT DOCUMENTS ' GC 2.01 Reliance on Contract Documents , .01 The Owner warrants that the information furnished in the Contract Documents can be relied upon with the following limitations or exceptions: a) The location of all mainline underground utilities which will affect the Work will be shown to a tolerance of: , i. 1 m horizontal and ii. 0.3 m vertical b) The Owner does not warrant interpretations of data or opinions expressed in any Subsurface Report available for the perusal of the Contractor and excluded from the Contract Documents; and c) Other information specifically excluded from this warranty. ' GC 2.02 Order of Precedence .01 In the event of any inconsistency or conflict in the contents of the following documents, such documents shall take precedence and govern in the following order: , a) Agreement b) Addenda c) Special Provisions ' d) Contract Drawings e) Standard Specifications f) Tender g) Supplemental General Conditions , h) General Conditions i) Working Drawings Later dates shall govern within each of the above categories of documents. , .02 In the event of any conflict among or inconsistency in the information shown on Drawings, the following rules shall apply: a) Dimensions shown in figures on a Drawing shall govern where they differ from dimensions , scaled from the same drawing; b) Drawings of larger scale shall govern over those of smaller scale; c) Detailed Drawings shall govern over general Drawings; and d) Drawings of a later date shall govern over those of an earlier date in the same series. ' .03 In the event of any conflict in the contents of Standard Specifications the following order of precedence shall govern: , a) Ontario Provincial Standard Specifications; then b) Other Standard Specifications, such as those produced by CSA, CGSB, ASTM and ANSI, and referenced in the Ontario Provincial Standard Specifications. , .04 The Contract Documents are complementary, and what is required by any one shall be as binding as if required by all. I Rev. Date: 99/09 General Conditions Page 12 OPS General Conditions of Contract , ' SECTION GC 3.0 . ADMINISTRATION OF THE CONTRACT ' GC 3.01 Contract Administrator's Authority .01 The Contract Administrator will be the Owner's representative during construction and until the issuance of the Completion Certificate or the issuance of the Final Acceptance Certificate whichever ' is later. All instructions to the Contractor including instructions from the Owner will be issued by the Contract Administrator. The Contract Administrator will have the authority to act on behalf of the Owner only to the extent provided in the Contract Documents. ' .02 All claims, disputes and other matters in question relating to the performance and the quality of the Work or the interpretation of the Contract Documents shall be referred to the Contract Administrator. ' 03 The Contract Administrator will inspect the Work for its conformity with the plans and specifications, and to record the necessary data to establish payment quantities under the schedule of tender quantities and unit prices or to make an assessment of the value of the work completed in the case of a lump sum price contract. .04 The Contract Administrator will determine the amounts owing to the Contractor under the Contract and will issue certificates for payment in such amounts as provided for in Section GC 8.0, ' Measurement and Payment. .05 The Contract Administrator will with reasonable promptness review and take appropriate action upon the Contractor's submissions such as shop drawings, product data, and samples in ' accordance with the Contract Documents. .06 The Contract Administrator will investigate all allegations of a change in the character of the Work made by the Contractor and issue appropriate instructions. ' .07 The Contract Administrator will prepare Change Directives and Change Orders. 08 Upon written application by the Contractor, the Contract Administrator and the Contractor will Jointly conduct an inspection of the Work to establish the date of Substantial Performance of the Work and/or the date of Completion of the Work. ' 09 The Contract Administrator will be, in the first instance, the interpreter of the Contract Documents and the judge of the performance thereunder by bath parties to the Contract. Interpretations and decisions of the Contract Administrator shall be consistent with the intent of the Contract Documents and in making these decisions the Contract Administrator will not show partiality to either party. ' .10 The Contract Administrator will have the authority to reject part of the Work or Material which does not conform to the Contract Documents. ' .11 Defective work, whether the result of poor workmanship, use of defective material, or damage through carelessness or other act or omission of the Contractor and whether incorporated in the ' Work or not, which has been rejected by the Contract Administrator as failing to conform to the Contract Documents shall be removed promptly from the Work by the Contractor and replaced or re -executed promptly in accordance with the Contract Documents at no additional cost to the Owner. .12 Any part of the Work destroyed or damaged by such removals, replacements or re -executions shall be made good, promptly, at no additional cost to the Owner. ' Rev. Date: 99/09 General Conditions Page 13- OPS General Conditions of Contract [1 defective ' .13 If, in the opinion of the Contract Administrator, it is not expedient to correct work or work not performed in accordance with the Contract Documents, the Owner may deduct from monies otherwise due to the Contractor the difference in value between the work as performed and that called for by the Contract Administrator. , .14 Notwithstanding any inspections made by the Contract Administrator or the issuance of any certificates or the making of any payment by the Owner, the failure of the Contract Administrator to reject any defective work or Material shall not constitute acceptance of defective work or Material. , The Contract Administrator will have the authority to temporarily suspend the Work for such .15 reasonable time as may be necessary to facilitate the checking of any portion of the Contractor's ' construction layout or the inspection of any portion of the Work. There shall not be any extra compensation for the suspension of work. GC 3.02 Working Drawings ' .01 The Contractor shall arrange for the preparation of clearly identified and dated Working Drawings as called for by the Contract Documents. , .02 The Contractor shall submit Working Drawings to the Contract Administrator with reasonable promptness and in orderly sequence so as to not cause delay in the Work. If either the Contractor or the Contract Administrator so requests they shall jointly prepare a schedule fixing the dates for ' submission and return of Working Drawings. Working Drawings shall be submitted in printed form. At the time of submission the Contractor shall notify the Contract Administrator in writing of any deviations from the Contract requirements that exist in the Working Drawings. , .03 The Contract Administrator will review and return Working Drawings in accordance with an, agreed upon schedule, or otherwise, with reasonable promptness so as not to cause delay. =' .04 The Contract Administrator's review will be to check for conformity to the design concept and for , general arrangement only and such review shall not relieve the Contractor of responsibility for errors or omissions in the Working Drawings or of responsibility for meeting all requirements of the Contract Documents unless a deviation on the Working Drawings has been approved in writing by , the Contract Administrator. .05 The Contractor shall make any changes in Working Drawings which the Contract Administrator may , require consistent with the Contract Documents and resubmit unless otherwise directed by the Contract Administrator. When resubmitting, the Contractor shall notify the Contract Administrator in writing of any revisions other than those requested by the Contract Administrator. .06 Work related to the Working Drawings shall not proceed until the Working Drawings have been , signed and dated by the Contract Administrator and marked with the words "Reviewed. Permission to construct granted." , .07 The Contractor shall keep one set of the reviewed Working Drawings, marked as above, at the site at all times. Rev. Date: 99/09 General Conditions Page 14 OPS General Conditions of Contract , 11 r [1 r^ LI F, 11 GC 3.03 Right of the Contract Administrator to Modify Methods and Equipment .01 The Contractor shall, when requested in writing, make alterations in the method, Equipment or work force at any time the Contract Administrator considers the Contractor's actions to be unsafe, or damaging to either the Work or existing facilities or the environment. .02 The Contractcr shall, when requested in writing, alter the sequence of its operations on the Contract so as to avoid interference with work being performed by others. 03 Notwithstanding the foregoing, the Contractor shall ensure that all necessary safety precautions and protection are maintained throughout the Work. GC 3.04 Emergency Situations .01 The Contract Administrator has the right to determine the existence of an emergency situation, and when such an emergency situation is deemed to exist, the Contract Administrator may instruct the Contractor to take action to remedy the situation. If the Contractor does not take timely action, or if the Contractor is not available, the Contract Administrator may direct others to remedy the situation. .02 If the emergency situation was the fault of the Contractor, the remedial work shall be done at the Contractor's expense. If the emergency situation was not the fault of the Contractor, the Owner will pay for the remedial work. GC 3.05 Layout .01 The Contract Administrator will provide baseline and benchmark information for the general location, alignment and elevation of the Work.. The Owner will be responsible only for the correctness of the information provided by the Contract Administrator. GC 3.06 Working Area ' 01 The Contractor's sheds, site offices, toilets, other temporary structures and storage areas for material and equipment shall be grouped in a compact manner and maintained in a neat and orderly condition at all times. 02 The Contractor shall confine his construction operations to the Working Area. Should the Contractor require more space than that shown on the Contract Drawings, the Contractor shall obtain such space at no additional cost to the Owner. --- -- .03 The Contractor shall not enter upon or occupy any private property for any purpose, unless the Contractor has received prior written permission from the property owner. 11 I GC 3.07 Extension of Contract Time . .01 An application for an extension of Contract Time shall be made in writing by the Contractor to the Contract Administrator as soon as the need for such extension becomes evident and at least 15 Days prior to the expiration of the Contract Time. The application for an extension of Contract Time shall enumerate the reasons, and state the length of extension required. .02 Circumstances suitable for consideration of an extension of Contract Time include the following: a) Delays; See subsection GC 3.08. b) Changes in the Work; See clause GC 3.11.01. c) Extra Work; See clause GC 3.11.02. d) Additional Work; See clause GC 3.11.03. Rev. Date: 99109 General Conditions Page 15 OPS General Conditions of Contract r The Contract Administrator will, in cons:denr.g an application for an extension to the Contract Time, .03 take into account whether the delays, Changes in the Work, Extra Work or Additional Work involve a Controlling Operation. , The Contract Time shall be extended for such additional time as may be recommended by the ,04 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. GC 3.08 Delays If the Contractor is delayed in the performance of the Work by, .01 a) war, blockades, and civil commotions, errors in the Contract Documents; an act or omission of the Owner or Contract Administrator, or anyone employed or engaged by them directly or ' indirectly, contrary to the provisions of the Contract Documents; b) a stop work order issued by a court or public authority, provided that such order was not issued as the result of an act or omission of the Contractor or anyone employed or engaged by the Contractor directly or indirectly; c) the Contract Administrator giving notice under subsection GC 7.09, Suspension of Work; d) abnormal inclement weather; or e) archaeological finds in accordance with subsection GC 3.16, Archaeological Finds, , then the Contractor shall be reimbursed by the Owner for reasonable costs incurred by the Contractor as the result of such delay, provided that in the case of an application for an extension of Contract Time due to abnormal inclement weather, the Contractor shall, with the Contractor's application, submit evidence from Environment Canada in support of such application. Extension of ' Contract Time will be granted in accordance with subsection GC 3.07, Extension of Contract Time. If the Work is delayed by labour disputes, strikes or lockouts - including lock -outs. decreed or .02 recommended to its members by a recognized contractor's association, of which the Contractor is a , member or to which the Contractor is otherwise bound - which are beyond the Contractor's control, then the Contract Time shall be extended in accordance with subsection GC 3.07, Extension of Contract Time. In no case shall the extension of Contract Time be less than the time lost as the , result of the event causing the delay, unless a shorter extension is agreed to by the Contractor. The Contractor shall not be entitled to payment for costs incurred as the result of such delays unless such delays are the result of actions by the Owner. ' GC 3.09 Assignment of Contract .01 The Contractor shall not assign the Contract, either in whole or in part, without the written consent of ' the Owner. GC 3.10 Subcontracting by the Contractor ' .01 The Contractor may subcontract any part of the Work, subject to these General Conditions and any limitations specified in the Contract Documents. ' The Contractor shall notify the Contract Administrator, in writing, of the intention to subcontract. .02 Such notification shall identify the part of the Work, and the Subcontractor with whom it is intended. The Contract Administrator will, within 10 Days of receipt of such notification, accept or reject the ' .03 intended Subcontractor. The rejection will be in writing and will include the reasons for the rejection. Rev. Date: 99l09 General Conditions Page 16 OPS General Conditions of Contract I 11 u ' .04 The Contractor shall not, without the written consent of the Owner, change a Subcontractor who has been engaged in accordance with subsection GC 3.10 Subcontracting by the Contractor. .05 The Contractor shall preserve and protect the rights of the parties under the Contract with respect to ' that part of the Work to be performed under subcontract and shall, a) enter into agreements with the intended Subcontractors to require them to perform their work in ' accordance with the Contract Documents: and b) be as fully responsible to the Owner for acts and omissions of the Contractor's Subcontractors and of persons directly or indirectly employed by them as for acts and omissions of persons directly employed by the Contractor. ' 06 The Owner's consent to subcontracting by the Contractor shall not be construed to relieve the Contractor from any obligation under the Contract and shalt not impose any liability upon the Owner. Nothing contained in the Contract Documents shall create a contractual relationship between a Subcontractor and the Owner. GC 3.11 Changes GC 3.11.01 Changes in the Work .01 The Owner, or the Contract Administrator where so authorized, may, by order in writing, make a Change in the Work without invalidating the Contract. The Contractor shall not be required to ' proceed with a Change in the Work until in receipt of a Change Directive. Upon the receipt of such Change Directive the Contractor shall proceed with the Change in the Work. ' 02 The Contractor may apply for an extension of Contract Time according to the terms of subsection GC 3.07, Extension of Contract Time. ' .03 If the Changes in the Work relate solely to quantities, payment for that part of the Work will be made according to the conditions specified in clause GC 8.01.02, Variations in Tender Quantities. N the Changes in the Work do not solely relate to quantities, payment may be negotiated pursuant to subsection GC 3.14, Claims, Negotiations, Mediation or payment may be made according to the ' conditions contained in clause GC 8.02.04, Payment on a Time and Material Basis. GC 3.11.02 Extra Work 01 The Owner, or Contract Administrator where so authorized, may instruct the Contractor to perform Extra Work without invalidating the Contract. The Contractor shall not be required to proceed with the Extra Work until in receipt of a Change Directive. Upon receipt of such Change Directive the ' Contractor shall proceed with the Extra Work. .02 The Contractor may apply for an extension of Contract Time according to the terms of subsection GC 3,07, Extension of Contract Time. .03 Payment for the Extra Work may be negotiated pursuant to subsection GC 3.14, Claims, Negotiations, Mediation, or payment may be made according to the conditions contained in clause ' GC 8.02.04, Payment on a Time and Material Basis. GC 3.11.03 Additional Work ' 01 The Owner, or Contract Administrator where so authorized, may request the Contractor to perform Additional Work without invalidating the Contract. If the Contractor agrees to perform Additional ' Work, the Contractor shall proceed with such Additional Work upon receipt of a Change Order. Rev. Date: 99109 General Conditions Page 17 OPS General Conditions of Contract I 1 , .02 The Contractor may apply for an extension of Contract Time according to the terms of subsection GC 3.07, Extension of Contract Time. .03 Payment for the Additional Work may be negotiated pursuant to subsection GC 3.14. Claims, , Negotiations, Mediation, or payment may be made according to the conditions contained in clause GC 8.02.04, Payment on a Time and Material Basis. Notices , GC 3.12 .01 Any notice permitted or required to be given to the Contract Administrator or the Superintendent in respect of the Work shall be deemed to have been given to and received by the addressee on the , date of delivery if delivered by hand or by facsimile transmission and on the fifth Day after the date of mailing if sent by mail. .02 The Contractor and the Owner shall provide each other with the mailing addresses, telephone ' numbers and facsimile terminal numbers for the Contract Administrator and the Superintendent at the commencement of the Work. .03 in the event of an emergency situation or other urgent matter the Contract Administrator or the ' Superintendent may give a verbal notice, provided that such notice is confirmed in writing within 2 Days. , .04 Any notice permitted or required to be given to the Owner or the Contractor shall be given in accordance with the notice provision of the Contract. GC 3.13 Use and Occupancy of the Work Prior to Substantial Performance .01 Where it is not contemplated elsewhere in the Contract Documents, the Owner may use or occupy the Work or any part thereof prior to Substantial Performance, provided that at least 30 Days'written , notice has been given to the Contractor. .02 The use or occupancy of the Work or any part thereof by the Owner prior to Substantial Performance shall not constitute an acceptance of the Work or parts so occupied. in addition, the ' use or occupancy of the Work shall not relieve the Contractor or the Contractor's Surety from any liability that has arisen, or may arise, from the performance of the Work in accordance with the Contract Documents. The Owner will be responsible for any damage that occurs because of the Owner's use or occupancy. Such use or occupancy of any part of the Work by the Owner does not , waive the Owner's right to charge the Contractor liquidated damages in accordance with the terms of the Contract. ' GC 3.14 Claims, Negotiations, Mediation GC 3.14.01 Continuance of the Work , .01 Unless the Contract has been terminated or completed, the Contractor shall in every case, after serving or receiving any notification of a claim or dispute, verbal or written, continue to proceed with ' the Work with due diligence and expedition. It is understood by the parties that such action will not jeopardize any claim it may have. Rev. Date: 99109 General Conditions Page 18 OPS General Conditions of Contract ' ' GC 3.14.02 Record Keeping ' .01 Immediately upon commencing work which may result in a claim, the Contractor shall keep Daily Work Records during the course of the Work, sufficient to substantiate the Contractor's claim, and the Contract Administrator will keep Daily Work Records to be used in assessing the Contractor's ' claim, all in accordance with clause GC 8,02.07. Records. .02 The Contractor and the Contract Administrator shall reconcile their respective Daily Work Records on a daily basis, to simplify review of the claim, when submitted. ' 03 The keeping of Daily Work Records by the Contract Administrator or the reconciling of such Daily Work Records with those of the Contractor shall not be construed to be acceptance of the claim. 1 GC 3.14.03 Claims Procedure .01 The Contractor shall give verbal notice of any situation which may lead to a claim for additional ' payment immediately upon becoming aware of the situation. .02 The Contractor shall provide written notice in the standard form "Notice of Intent to Claim" within 7 Days of the commencement of any part of the Work which may be affected by the situation. ' 03 The Contractor shall submit detailed claims as soon as reasonably possible and in any event no later than 30 Days after completion of the work affected by the situation. The detailed claim shall: a) identify the item or items in respect of which the claim aases; ' b) state the grounds, contractual or otherwise, upon which the claim is made; and c) include the Records maintained by the Contractor supporting such claim. In exceptional cases the 30 Days may be increased to a maximum of 90 Days with approval in ' writing from the Contract Administrator. .04 Within 30 Days of the receipt of the Contractor's detailed claim, the Contract Administrator may request the Contractor to submit any further and other particulars as the Contract Administrator ' considers necessary to assess the claim. The Contractor shall submit the requested Information within 30 Days of receipt of such request ' .05 Within 90 Days of receipt of the detailed claim, the Contract Administrator shall advise the Contractor, in writing, of the Contract Administrator's opinion with regard to the validity of the claim. GC 3.14.04 Negotiations ' ---- -- .01 The parties shall make all reasonable efforts to resolve their dispute by amicable negotiations and agree to provide, without prejudice, open and timely disclosure of relevant facts, Information, and ' documents to facilitate these negotiations. .02 Should the Contractor disagree with the opinion given in paragraph GC 3.14.03.05, with respect to any part of the claim, the Contract Administrator shall enter into negotiations with the Contractor to resolve the matters in dispute. Where a negotiated settlement cannot be reached and it is agreed that payment cannot be made on a Time and Material basis in accordance with clause GC 8.02.04. Payment on a Time and Material Basis, the parties shall proceed in accordance with clause GC 3.14.05, Mediation, or subsection GC 3.15, Engineering Arbitration. ' Rev. Date: 99109 General Conditions Page 19 OPS General Conditions of Contract GC 3.14.05 Mediation .01 If a claim is not resolved satisfactorily through the negotiation stage noted in clause GC 3.14.04, ' Negotiations. within a period of 30 Days following the opinion given in paragraph GC 3.14.03.05. and the Contractor wishes to pursue the issue further, the parties may, upon mutual agreement, utilize the services of an independent third party mediator. ' .02 The mediator shall be mutually agreed upon by the Owner and Contractor. .03 The mediator shall be knowledgeable regarding the area of the disputed issue. The mediator shall meet with the parties together and separately, as necessary, to review all aspects of the issue. In a , final attempt to assist the parties in resolving the issue themselves prior to proceeding to arbitration the mediator shall provide, without prejudice, a non -binding recommendation for settlement. .04 The review by the mediator shall be completed within 90 Days following the opinion given in ' paragraph GC 3.14.03.05. .05 Each party is responsible for its own costs related to the use of the third party mediator process. , The cost of the third party mediator shall be equally shared by the Owner and Contractor. GC 3.14.06 Payment , .01 Payment of the claim will be made no later than 30 Days after the date of resolution of the claim or dispute. Such payment will be made according to the terms of Section GC 8.0, Measurement and Payment. , GC 3.14.07 Rights of Both Parties .01 It is agreed that no action taken under this subsection GC 3.14, Claims, Negotiations, Mediation, by , either party shall be construed as a renunciation or waiver of any of the rights or recourse available to the parties, provided that the requirements set out in this subsection are fulfilled. GC 3.15 Engineering Arbitration t GC 3.15.01 Conditions for Engineering Arbitration in GC 3.14.04, , .01 If a claim is not resolved satisfactorily through the negotiation stage noted clause 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. Notification that arbitration shall be implemented to resolve the issue shall be communicated in .02 writing as soon as possible and no later than BO Days following the opinion given in paragraph GC , 3.14.03,05. Where the use of a third party 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, S.O. 1991, c.17, as amended, shall apply to any arbitration conducted hereunder except to the extent that they are modified by the express ' provisions of this subsection GC 3.15, Engineering Arbitration. Rev. Date: 99109 General Conditions Page 20 OPS General Conditions of Contract ' ' GC 3.15.02 Arbitration Procedure .01 The following provisions are to be included in the agreement to arbitrate and are subject only to such right of appeal as exist where the arbitrator has exceeded his or her jurisdiction or have otherwise disqualified him or herself: a) All existing actions in respect of the matters under arbitration will be stayed pending arbitration; ' b) All outstanding claims and matters to be settled are to be set out in a schedule to the agreement. Only such claims and matters as are in the schedule will be arbitrated; and c) Before proceeding with the arbitration, the Contractor shall confirm that all matters in dispute are set out in the schedule. ' GC 3.15,03 Appointment of Arbitrator .01 The arbitrator shall be mutually agreed upon by the Owner and Contractor to adjudicate the dispute. ' .02 Where the Owner and Contractor cannot agree on a sole arbitrator within 30 Days of the notification of arbitration noted in paragraph GC 3.15.01.02, the Owner and the Contractor shall each choose an appointee within 37 Days of the notice of arbitration. .03 The appointees shall mutually agree upon an arbitrator to adjudicate the dispute within 15 Days after the last appointee was chosen or they shall refer the matter to the Arbitration and Mediation Institute of Ontario Inc. which will select an arbitrator to adjudicate the dispute within 7 Days of being ' requested to do so. 04 The arbitrator shall not be interested financially in the Contract nor in either party's business and ' shall not be employed by either party. .05 The arbitrator may appoint independent experts and any other persons to assist him or her. ' .06 The arbitrator is not bound by the rules of evidence which govern the trial of cases in court but may hear and consider any evidence which the arbitrator considers relevant ' 07 The hearing will commence within 90 Days of the appointment of the arbitrator. GC 3.15.04 Costs .01 The arbitrator's fee shall be equally shared by the Owner and the Contractor. .02 The fees of any independent experts and any other persons appointed to assist the arbitrator shall be shared equally by the Owner and the Contractor. .03 The arbitration hearing shall be held in a place mutually agreed upon by both parties or in the event the parties do not agree, a site shall be chosen by the arbitrator. The cost of obtaining appropriate ' facilities shall be shared equally by the Owner and the Contractor. .04 The arbitrator may, in his or her discretion, award reasonable costs, related to the arbitration. ' GC 3.15.05 The Decision 01 The reasoned decision will be made in writing within 90 Days of the conclusion of the hearing. An ' extension of time to make a decision may be granted with consent of both parties. Payment shall be made in accordance with clause GC 3.14.06, Payment. ' Rev. Date: 99/09 General Conditions Page 21 OPS General Conditions of Contract F I' GC 3.16 Archaeological Finds ' .01 If the Contractor's operations expose any items which may indicate an archaeological find, such as , building remains, hardware, accumulations of bones, pottery, or arrowheads, the Contractor shall immediately notify the Contract Administrator and suspend operations within the area identified by the Contract Administrator. Notification may be verbal provided that such notice is confirmed in writing within 2 Days. Work shall remain suspended within that area until otherwise directed by the , Contract Administrator in writing, in accordance with subsection GC 7.09, Suspension of Work. 02 Any delay in the completion of the Contract that is caused by such a suspension of Work will be , considered to be beyond the Contractor's control in accordance with paragraph GC 3.08.01. .03 Any work directed or authorized in connection with an archaeological find will be considered as Extra Work in accordance with clause GC 3.11.02, Extra Work. , Rev. Date: 99109 General Conditions Page 22 OPS General Conditions of Contract , 11 1 1 SECTION GC 4.0.OWNER'S RESPONSIBILITIES AND RIGHTS 1 GC 4.01 Working Area .01 The Owner will acquire all property rights which are deemed necessary by the Owner for the construction of the Work, including temporary working easements, and will indicate the full extent of 1 the Working Area on the Contract Drawings. .02 The Gectechnical Report and Subsurface Report which will be provided by the Owner as part of the 1 tender documents shall form part of the Contract Drawings. GC 4.02 Approvals and Permits 1 .01 The Owner will pay for all plumbing and building permits. .02 The Owner will obtain and pay for all permits, licenses and certificates solely required for Project approval. 1 GC 4.03 Management and Disposition of Materials 1 .01 The Owner will identify in the Contract Documents the materials to be moved within or removed from the Working Area, and any characteristics of those materials which will necessitate special materials management and disposition. 1 .02 In accordance with regulations under the Occupational Health and Safety Act, R.S.O. 1990, a0.1, as amended, the Owner advises that a) the designated substances silica, lead and arsenic are generally present throughout the 1 Working Area occurring naturally or as a result of vehicle emissions; b) the designated substance asbestos is present in asbestos conduits for utilities; c) the following hazardous materials are ordinarily present in construction activities:' limestone, gypsum, marble, mica and Portland cement; and 1 d) exposure to these substances may occur as a result of activities by the Contractor such as sweeping, grinding, crushing, drilling, blasting, cutting and abrasive blasting. .03 The Owner will identify in the Contract Documents any designated substances or hazardous ' materials other than those identified above and their location in the Working Area. .04 If the Owner or Contractor discovers or is advised of the presence of designated substances or 1 — hazardous materials which are in addition to those listed in paragraph GC 4.03.02, or not dearly identified in the Contract Documents according to paragraph GC 4.03.03, then verbal notice will be provided to the other party immediately with written confirmation within 2 Days. The Contractor wilt stop work in the area immediately and will determine the necessary steps required to complete the 1 work in accordance with applicable legislation and regulation. .05 The Owner will be responsible for any reasonable additional costs of removing, managing and 1 disposing of any material not identified in the Contract Documents, or where conditions exist that could not have been reasonably foreseen at the time of tendering. All work under this paragraph shall be deemed to be Extra Work. 1 1 1 Rev. Date: 99109 General Conditions Page 23 OPS General Conditions of Contract U Pncr to commencement of the Work, the Owner will provide to the Contractor a list of those .06 products controlled under the Workplace Hazardous Materials Information System or WHMIS, which the Owner will supply or use on the Contract, together with copies of the Materials Safety Data Sheets for these products. All containers used in the application of products controlled under ' WHMIS shall be labelled. The Owner will notify the Contractor in writing of changes to the list and provide relevant Material Safety Data Sheets. GC 4.04 Construction Affecting Railway Property , .01 The Owner will pay the costs of all flagging and other traffic control measures required and provided by the railway company unless such costs are solely a function of the Contractor's chosen method t of completing the Work. GC 4.05 Default by the Contractor ' The Contractor shall be in default of the Contract if, .01 a) the Contractor fails to commence the Work or execute the Work properly or otherwise fails to comply with the requirements of the Contract to a substantial degree; or , b) if the Contractor is adjudged bankrupt or makes a general assignment for the benefit of creditors because of insolvency or if a receiver is appointed because of insolvency. GC 4.06 Notification of Default ' The Owner will give written notice of a default to the Contractor as soon as the Owner becomes .01 aware of the alleged default but failure to give such notice in a timely way shall not constitute condonation of the default. The notice will include instructions to correct the default within 5 , Working Days. GC 4.07 Contractor's Right to Correct a Default , The Contractor shall have the right within the 5 full Working Days following the receipt of a notice of .01 default to correct the default and provide the Owner with satisfactory proof that appropriate corrective measures have been taken. ' If the correction of the default cannot be completed within the 5 full Working Days following receipt .02 of the notice, the Contractor shall not be in default if the Contractor, , a) commences the correction of the default within the 5 full Working Days following receipt of the notice; b) provides the Owner with an acceptable schedule for the progress of such correction; and c) completes the correction in accordance with such schedule. -- , GC 4.08 Owner's Right to Correct Default .01 If the Contractor fails to correct the default within the time specified in subsection GC 4.07, ' Contractor'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 correct such default and deduct the cost ' thereof, as certified by the Contract Administrator, from any payment then or thereafter due to the Contractor. C Rev. Oate: 99l09 General Conditions Page 24 OPS General Conditions of Contract ' ' GC 4.09 Termination of Contractor's Right to Continue the Work ' 01 Where the Contractor fails to ccrrect a default within the time specified in subsection GC 4.07. Contractor'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 Work in whole or in part, the Owner will be entitled to, a) take possession of the Working Area or that portion of the Working Area devoted to that part of the Work terminated: b) utilize the Equipment of the Contractor and any Material within the Working Area which is intended to be incorporated into the Work, the whole subject to the right of third parties; ' c) withhold further payments to the Contractor with respect to the Work or the portion of the Work withdrawn from the Contractor until the Work or portion thereof withdrawn is completed; d) charge the Contractor the additional cost over the Contract price of completing the Work or ' portion thereof withdrawn from the Contractor, as certified by the Contract Administrator and any additional compensation paid to the Contract administrator for such additional service arising from the correction of the default; e) charge the Contractor a reasonable allowance, as determined by the Contract Administrator, to cover correction to the Work performed by the Contractor that may be required under subsection GC 7.15, Warranty; f) charge the Contractor for any damages the Owner may have sustained as a result of the default; and g) charge the Contractor the amount by which the cost of corrections to the Work under subsection GC 7.15, Warranty, exceeds the allowance provided for such corrections. ' GC 4.10 Final Payment to Contractor .01 If the Owner's cost to correct and complete the Work in whole or in part is less than the amount withheld from the Contractor under subsection GC 4.09, Termination of Contractor's Right to ' Continue the Work, the Owner will pay the balance to the Contractor as soon as the final accounting for the Contract is complete. ' GC 4.11 Termination of the Contract .01 Where the Contractor is in default of the Contract the Owner may, without prejudice to any other right or remedy the Owner may have, terminate the Contract by giving written notice of termination ' to the Contractor, the Surety and any trustee or receiver acting on behalf of the Contractors estate or creditors. ' 02 If the Owner elects to terminate the Contract the Owner will provide the Contractor and the trustee or receiver with a complete accounting to the date of termination. GC 4.12 Continuation of Contractor's Obligations ' .01 The Contractor's obligation under the Contract as to quality, correction and warranty of the Work performed prior to the time of termination of the Contract or termination of the Contractor's right to ' continue with the Work in whole or in part shall continue to be in force after such termination. 1 ' Rev. Date: 99i09 General Conditions Page 25 OPS General Conditions of Contract GC 4.13 Use of Performance Bond .01 If the Contractor is in default of the Contract and the Contractor has provided a Performance Bond, the provisions of this Section shall be exercised in accordance with the conditions of the Performance Bond. Rev. Date: 99l09 General Conditions Page 26 OPS General Conditions of Contract I ' SECTION GC 5.0 - MATERIAL ' GC 5,01 Supply of Material .01 All Material necessary for the proper completion of the Work, except that listed as being supplied by the Owner, shall be supplied by the Contractor. The Contract price for the appropriate tender items ' shall be deemed to include full compensation for the supply of such Material. - GC 5.02 - Quality of Material ' .01 All Material supplied by the Contractor shall be new or unless otherwise specified in the Contract Documents. .02 Material supplied by the Contractor shall conform to the requirements of the Contract. .03 As specified or as requested by the Contract Administrator, the Contractor shall make available for inspection or testing a sample of any Material to be supplied by the Contractor. 1 .04 The Contractor shall obtain for the Contract Administrator the right to enter upon the premises of the Material manufacturer or supplier to carry out such inspection, sampling and testing as specified or a requested by the Contract Administrator. the sources of supply sufficiently in .05 The Contractor shall notify the Contract Administrator of advance of the Material shipping dates to enable the Contract Administrator to perform the required ' inspection, sampling and testing. 06 The Owner will not be responsible for any delays to the Contractor's operations where the Contractor fails to give sufficient advance notice to the Contract Administrator to enable the Contract Administrator to carry out the required inspection, sampling and testing before the scheduled shipping date. ' 07 The Contractor shall not change the source of supply of any Material without the written authorization of the Contract Administrator. .08 Material which is not specified shall be of a quality best suited to the purpose required and the use of such Material shall be subject to the approval of the Contract Administrator. GC 5.03 Rejected Material 01 Rejected Material shall be removed from the Working Area expeditiously after the notification to that ' effect from the Contract Administrator. Where the Contractor fails to comply with such notice the Contract Administrator may cause the rejected Material to be removed from the Working Area and ' disposed of in what the Contract Administrator considers to be the most appropriate manner and the Contractor shall pay the costs of disposal and the appropriate overhead charges. GC 5.04 Substitutions .01 Where the specifications require the Contractor to supply a Material designated by a trade or other name, the Tender shall be based only upon supply of the Material so designated, which shall be ' regarded as the standard of quality required by the specification. After the acceptance of the Tender, the Contractor may apply to the Contract Administrator to substitute another Material identified by a different trade or other name for the Material designated as aforesaid. The application shall be in writing and shall state the price for the proposed substitute Material designated as aforesaid, and such other information as the Contract Administrator may require. IRev. Date: 99/09 General Conditions Page 27 - OPS General Conditions of Contract 0 1 1 .02 Rulings on a creposed substitution will not be made prior to the acceptance of the Tender. Substitutions sha'J not be made without the prier approval of the Contract Administrator. The approval or rejection of a proposed substitution will be made at the discretion of the Contract Administrator. .03 If the proposed substitution is approved by the Contract Administrator, the Contractor shall be entitled to the first $1000 of the aggregate saving in cost by reason of such substitution and to 50% ' of any additional saving in cost in excess of such $1000. Each such approval shall be conveyed to the Contractor in writing or by issuance of a Certificate of Equality on the Owner's standard form of "Certification of Equality" and if any adjustment to the Contract price is made by reason of such ' substitution a Change Order shall be issued as well. GC 5.05 Owner Supplied Material GC 5.05.01 Ordering of Excess Material .01 Where Material is supplied by the Owner and where this Material is ordered by the Contractor in excess of the amount specified to complete the Work, such excess Material shall become the ' property of the Contractor on completion of the Work and shall be charged to the Contractor at cost plus applicable overheads. - GC 5.05.02 Care of Material .01 The Contractor shall, in advance of receipt of shipments of Material supplied by the Owner, provide adequate and proper storage facilities acceptable to the Contract Administrator, and on the receipt ' of such Material shall promptly place it in storage except where it is to be incorporated forthwith into the Work. .02 The Contractor shall be responsible for acceptance of Material supplied by the Owner, at the specified delivery point and for its safe handling and storage. If such Material is damaged while under the control of the Contractor it shall be replaced or repaired by the Contractor at no expense to the Owner, and to the satisfaction of the Contract Administrator. If such Material is rejected by ' the Contract Administrator for reasons which are not the fault of the Contractor it shall remain in the care and at the risk of the Contractor until its disposition has been determined by the Contract Administrator. .03 Where Material supplied by the Owner arrives at the delivery point in a damaged condition or where there are discrepancies between the quantities received and the quantities shown on the bills of lading, the Contractor shall immediately report such damage or discrepancies to the Contract ' Administrator who shall arrange for an immediate inspection of the shipment and provide the Contractor with a written release from responsibility for such damage or deficiencies. Where damage or deficiencies are not so reported it will be assumed that the shipment arrived in good order and any damage or deficiencies reported thereafter shall be made good by the Contractor at ' no extra cost to the Owner. .04 The full amount of Material supplied by the Owner in each shipment shall be accounted for by the Contractor and such Material shall be at the risk of the Contractor after taking delivery. Such Material shall not, except with the written permission of the Contract Administrator, be used by the Contractor for purposes other than the performance of the Work under the Contract. ' I Rev. Date: 99/09 General Conditions Page 28 CPS General Conditions of Contract ' I 1 .05 Empty reels, crates, containers and other type of packaging from Malarial supplied by the Owner shall become the property of the Contractor when they are no longer required for their original purpose and shall be disposed of by the Contractor unless otherwise specified in the Contract Documents. .06 The Contractor shall provide the Contract Administrator, immediately upon receipt of each shipment, ' copies of bills of lading, or such other documentation the Contract Administrator may require to substantiate and reconcile the quantities of Material received. 1 .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. 1 1 I I 1 [JI ' Rev. Date: 99109 General Conditions Page 29 OPS General Conditions of Contract I I SECTION GC 6.0. INSURANCE, PROTECTION AND DAMAGE I GC 6.01 Protection of Work, Persons and Property ' .01 The Contractor, the Contractor's agents and all workers employed by or under the control of the Contractor, including Subcontractors, shall protect the Work, persons and property from damage or injury. and shall be responsible for all losses and damage which may arise as the result of the ' Contractor's operations under the Contract unless indicated to the contrary below. .02 The Contractor is responsible for the full cost of any necessary temporary provisions and the restoration of all damage where the Contractor damages the Work or property in the performance of , the Contract. If the Contractor is not responsible for the damage that occurs to the Work or property the Contractor shall restore such damage, and such work shall be administered according to these General Conditions. .03 The Contractor shall immediately inform the Contract Administrator of all damage and injuries which occur during the term of the Contract. .04 The Contractor shall not be responsible for loss and damage that occurs as a result of, a) war; b) blockades and civil commotions; c) errors in the Contract Documents; or ' d) acts or omissions of the Owner, the Contract Administrator, their agents and employees, or others not under the control of the Contractor, but within the Working Area with the Ownees permission. _- .05 The Contractor and his Surety or Sureties shall not be released from any term or provisiori'of any responsibility, obligation or liability under the Contract or waive or impair any of the rights of the Owner except by a release duly executed by the Owner. ' GC 6.02 Indemnification .01 The Contractor shall indemnify and hold harmless the Owner and the Contract Administrator, their agents, officers and employees from and against all claims, demands, losses, expenses, costs, damages, actions, suits or proceedings by third parties, hereinafter called "claims", directly or indirectly arising or alleged to arise out of the performance of or the failure to perform the Work, provided such claims are, a) attributable to bodily injury, sickness, disease, or death or to damage to or destruction of tangible property; b) caused by negligent acts or omissions of the Contractor or anyone for whose acts the - ' Contractor may be liable; and c) made in writing within a period of 6 years from the date of Substantial Performance of the Work as set out in the Certificate of Substantial Performance of the Work or, where so specified in the Contract from the date of certification of Final Acceptance. , .02 The Contractor shall indemnify and hold harmless the Owner from all and every claim for damages, royalties or fees for the infringement of any patented invention or copyright occasioned by the ' Contractor in connection with the Work performed or Material furnished by the Contractor under the Contract. ' .03 The Owner expressly waives the right to indemnity for claims other than those stated above in paragraphs GC 6.02.01 and GC 6.02.02. Rev. Date: 99iO9 General Conditions Page 30 OPS General Conditions of Contract , I .04 The Owner shall indemnify acd hcid harmless the Contractor, his agents, officers and employees ' from and against all claims, demacds, losses, expenses, costs, damages. actions, suits, or proceedings arising out of the Contractor's performance of the Contract which are attributable to a lack of or defect in title or an alleged lack of or defect in title to the Working Area. ' .05 The Contractor expressly waives the right to indemnity for claims other than those stated above in paragraph GC 6.02.04. GC 6.03 Contractor's Insurance GC 6.03.01 General .01 Without restricting the generality of subsection GC 6.02, Indemnification, the Contractor shall provide, maintain and pay for the insurance coverages listed under clauses GC 6.03.02 and GC 6.03.03. Insurance coverage in clauses GC 6.03.04, GC 6.03.05 and GC 6.03.06 will only apply when so specified in the Contract Documents. GC 6.03.02 General Liability Insurance .01 General liability insurance shall be in the name of the Contractor, with the Owner and the Contract ' Administrator named as additional insureds, with limits of not less than 5 million dollars inclusive per occurrence for bodily injury, death, and damage to property including loss of use thereof, with a property damage deductible of not more than $5000. The form of this insurance shall be the Insurance Bureau of Canada Form IBC 2100, dated 8-87. . .02 Another form of insurance equal to or better than that required in IBC Form 2100 may be used, provided all the requirements listed in the Contracture included. Approval of this insurance will be conditional upon the Contractor obtaining the services of an insurer licensed to underwrite insurance in the Province of Ontario and obtaining the insurer's certificate of equivalency to the required insurance. ' 03 The insurance shall be maintained continuously from the commencement of the Work until 12 months following the date of Substantial Performance of the Work, as set out in the Certificate of Substantial Performance of the Work, or until the Final Acceptance Certificate is issued, whichever ' is later, and with respect to completed operations coverage for a period of not less than 24 months from the date of Final Acceptance of the Work as set out in the Final Acceptance Certificate, and thereafter to be maintained for a further period of 4 years. 04 The Contractor shall submit annually to the Owner, proof of continuation of the completed ' operations coverage and if the Contractor fails to do so, the limitation period for claiming indemnity described in paragraph GC 6.02.01 c), will not be binding on the Owner. 05 Should the Contractor decide not to employ Subcontractors for operations requiring the use of explosives for blasting, or pile driving or caisson work, or removal or weakening of support of property building or land, IBC Form 2100 as required shall include the appropriate endorsements. .06 The policies shall be endorsed to provide the Owner with not less than 30 Days' written notice in advance of cancellation, change or amendment restricting coverage. ' .07 "Claims Made" insurance policies will not be permitted. I ' Rev. Date: 99109 General Conditions Page 31 OPS General Conditions of Contract I ' GC 6.03.03 Automobile Liability Insurance .01 Automobile liability insurance in respect of licensed vehicles shall have limits of not less than 5 t million dollars inclusive per occurrence for bodily injury, death and damage to property, in the following forms endorsed to provide the Owner with not less than 30 Days' written notice in advance - of any cancellation, change or amendment restricting coverage: a) standard non -owned automobile policy including standard contractual liability endorsement, and ' b) standard owner's form automobile policy providing third party liability and accident benefits insurance and covering licensed vehicles owned or operated by the Contractor. GC 6.03.04 Aircraft and Watercraft Liability Insurance .01 Aircraft and watercraft liability insurance with respect to owned or non -owned aircraft and watercraft if used directly or indirectly in the performance of the Work, including use of additional premises, shall be subject to limits of not less than 5 million dollars inclusive per occurrence for bodily injury, death, and damage to property including loss of use thereof, and limits of not less than 5 million dollars for aircraft passenger hazard. Such insurance shall be in a form acceptable to the Owner. The policies shall be endorsed to provide the Owner with not less than 30 Days' written notice in advance of cancellation, change or amendment restricting coverage. GC 6.03.05 Property and Boiler Insurance GC 6.03.06.01 Property Insurance .01 All risks property insurance shall be in the name of the Contractor, with the Owner and the Contract Administrator named as additional insureds, insuring not less than the sum of the amount of the Contract price and the full value, as may be stated in the Supplemental General Conditions, of Material that is specified to be provided by the Owner for incorporation into the Work, with a deductible not exceeding 1% of the amount insured at the site of the Work. This insurance shall be in a form acceptable to the Owner and shall be maintained continuously until 10 Days after the date of Final Acceptance of the Work, as set out in the Final Acceptance Certificate. GC 6.03.05M Boiler Insurance ' Boiler insurance insuring the interests of the Contractor, the Owner and the Contract Administrator .01 for not less than the replacement value of boilers and pressure vessels forming part of the Work, shall be in a form acceptable to the Owner. This insurance shall be maintained continuously from commencement of use or operation of the property insured until 10 Days after the date of Final Acceptance of the Work, as set out in the Final Acceptance Certificate. , GC 6.03.05.03 Use and Occupancy of the Work Priorto Completion .01 Should the Owner wish to use or occupy part or all of the Work prior to Substantial Performance, the , Owner will give 30 Days' written notice to the Contractor of the intended purpose and extent of such use or occupancy. Prior to such use or occupancy the Contractor shall notify the Owner in writing of the additional premium cost, if any, to maintain property and boiler insurance, which shall be at the Owner's expense. If because of such use or occupancy the Contractor is unable to provide coverage, the Owner upon written notice from the Contractor and prior to such use or occupancy shall provide, maintain and pay for property and boiler insurance insuring the full value of the Work, including coverage for such use or occupancy, and shall provide the Contractor with proof of such ' insurance. The Contractor shall refund to the Owner the unearned premiums applicable to the Contractor's policies upon termination of coverage. Rev. Date: 99109 General Conditions Page 32 OPS General Condidcns of Contract , 11 I I,02 The policies shall provide that, in the event of a loss or damage, payment shall be made to the Owner and the Contractor as their respective interests may appear. The Contractor shall act on ' behalf of both the Owner and the Contractor for the purpose of adjusting the amount of such loss or damage payment with the insurers. When the extent of the loss or damage is determined the Contractor shall proceed to restore the Work. Loss or damage shall not affect the rights and obligations of either party under the Contract except that the Contractor shall be entitled to such ' reasonable extension of Contract Time relative to the extent of the loss or damage as the Contract Administrator may decide in consultation with the Contractor. GC 6.03.05.04 Payment for Loss or Damage .01 The Contractor shall be entitled to receive from the Owner, in addition to the amount due under the Contract, the amount at which the 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 entitled to receive from the payments made by the insurers the amount of the Contractor's interest in the restoration of the Work. .02 The Contractor shall be responsible for deductible amounts under the policies except where such amounts may be excluded from the Contractor's responsibility by the terms of this Contract. I 03 In the event of a loss or damage to the Work arising from the action or omission of the Owner or others, the Owner shall pay the Contractor the cost of restoring the Work as the restoration of the Work proceeds and in accordance with the requirements of Section GC 8.0, Measurement and IPayment. GC 6.03.06 Contractors Equipment Insurance : 01 All risks Contractor's equipment insurance covering construction machinery and equipment used by the Contractor for the performance of the Work, including boiler insurance on temporary boilers and pressure vessels, shall be in a form acceptable to the Owner and shall not allow subrogation claims by the insurer against the Owner. The policies shall be endorsed to provide the Owner with not less than 30 Days' written notice in advance of cancellation, change or amendment restricting coverage Subject to satisfactory proof of financial capability by the Contractor for self-insurance of the Contractor's Equipment, the Owner agrees to waive the equipment insurance requirement, and for the purpose of this Contract, the Contractor shall be deemed to be insured. This policy shall be amended to provide permission for the Contractor to grant prior releases with respect to damage to the Contractor's Equipment. -- GC 6.03.07 Insurance Requirements and Duration .01 Unless specified otherwise the duration of each insurance policy shall be from the date of commencement of the Work until 10 Days after the date of Final Acceptance of the Work, as set out in the Final Acceptance Certificate. ' 02 The Contractor shall provide the Owner, on a form acceptable to the Owner, proof of insurance prior to commencement of the Work, and signed by an officer of the Contractor and either the underwriter or the broker. ' 03 The Contractor shall, on request, promptly provide the Owner with a certified true copy of each insurance policy exclusive of information pertaining to premium or premium bases used by the insurer to determine the cost of the insurance. The certified true copy shall include a signature by an officer of the Contractor and in addition, a signature by an officer of the insurer or the underwriter or the broker. IRev. Date: 99109 General Conditions Page 33 OPS General Conditions of Contract I I .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. 1 .05 Unless specified otherwise the Contractor shall be responsible for the payment of deductible amounts under the policies. .06 If the Contractor fails to provide or maintain insurance as required in subsection GC 6.03, 1 Contractor's Insurance, or elsewhere in the Contract Documents, then the Owner will have the right to provide and maintain such insurance and give evidence thereof to the Contractor. The Owners 1 cost thereof shall be payable by the Contractor to the Owner on demand. .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 1 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 1 documents. .02 Such bonds shall be issued by a duly licensed surety company authorized to transact a business of 1 suretyship in the Province of Ontario and shall be maintained in good standing until the fulfilment of the Contract. 1 11 1 1 11 Rev. Date: 99l09 General Conditions Page 34 OPS General Conditions of Contract 1 I ISECTION GC 7.0 - CONTRACTOR'S RESPONSIBILITIES AND CONTROL OF THE WORK GC 7.01 General 01 The Contractor warrants that the site of the Work has been visited during the preparation of the Tender and the character of the Work and all local conditions which may affect the performance of the Work are known. 02 The Contractor shall not commence the Work nor deliver anything to the Working Area until the Contractor has received a written order to commence the Work, signed by the Contract Administrator. .03 The Contractor shall have complete control of the Work and shall 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 various parts of the Work. 04 The Contractor shall have the sole responsibility for the design, erection, operation, maintenance and removal of temporary structures and other temporary facilities and the design and execution of construction methods required in their use. 05 Notwithstanding paragraph GC 7.01.04. where the Contract Documents include designs for temporary structures and other temporary facilities or specify a method of construction in whole or. part, such facilities and methods shall be considered to be part of the design of the Work, and the Contractor shall not be held responsible for that part of the design or the specified method of construction. The Contractor shall, however, be responsible for the execution of such design or specified method of construction:in the same mannerthatthe Contractor is responsible for the execution of the Work. .06 The Contractor shall execute the terms of the Contract in strict compliance with the requirements of the Occupational Health and Safety Act, R.S.O. 1990, c.O.1 (the "Act") and Ontario Regulation ' 213191 (which regulates Construction Projects) and any other regulations under the Act (the "Regulations") which may affect the performance of the Work, as the "constructor" or "employee'", as defined by the Act, as the case may be. The Contractor shall ensure that: a) worker safety is given first priority in planning, pricing and performing the Work; b) its officers and supervisory employees have a working knowledge of the duties of a "constructor" and employer" as defined by the Act and the provisions of the Regulations applicable to the Work, and a personal commitment to comply with them; c) a copy of the most current version of the Act and the Regulations are available at the Contractor's office within the Working Area, or, in the absence of an office, in the possession of the supervisor responsible for the performance of the Work; d) workers employed to carry out the Work possess the knowledge, skills and protective devices required by law or recommended for use by a recognized industry association to allow them to work in safety; e) its supervisory employees carry out their duties in a diligent and responsible manner with due ' consideration for the health and safety of the workers; and f) ' all Subcontractors and their employees are properly protected from injury while they are at the work place. I ' Rev. Date: 99109 General Conditions Page 35 OPS General Conditions of Contract I .07 The Contractor when requested shall provide the Owner with a copy of its health and safety policy and program at the pre -start meeting, and shall respond promptly to requests from the Owner for confirmation that its methods and procedures for carrying out the Work comply with the Act and Regulations. The Contractor shall cooperate with representatives of the Owner and inspectors appointed to enforce the Act and the Regulations in any investigations of worker health and safety in the performance of the Work. The Contractor shall indemnify and save the Owner harmless from any additional expense which the Owner may incur to have the Work performed as a result of the Contractor's failure to comply with the requirements of the Act and the Regulations. Prior to commencement of the Work the Contractor shall provide to the Contract Administrator a list .08 of those products controlled under the Workplace Hazardous Materials Information System or , WHMIS, which the Contractor expects to use on the Contract. Related Materials Safety Data Sheets shall accompany the submission. All containers used in the application of products controlled under WHMIS shall be labelled. The Contractor shall notify the Contractor Administrator of changes in writing and provide relevant Material Safety Data Sheets. , .09 The Contractor shall have an authorized representative on the site while any work is being performed, to act for or on the Contractor's behalf. Prior to commencement of construction, the Contractor shall notify the Contract Administrator of the names, addresses, positions and telephone numbers of the Contractor's representatives who can be contacted at any time to deal with matters relating to the Contract. furnish aid, facilities and I .10 The Contractor shall, at no additional cost to the Owner, all reasonable assistance required by the Contract Administrator for the proper inspection and examination of the Work or the taking of measurements for the purpose of payment. .11 The Contractor shall prepare, and update as required, a construction schedule indicating ,the timing of the major and critical activities of the Work. The schedule shall be designed to ensure conformity with the specified Contract Time. The schedule shall be submitted to the Contract Administrator within 14 Days from the date of the Contract award. .12 Where the Contractor finds any error, inconsistency or omission relating to the Contract, the Contractor shall promptly report it to the Contract Administrator and shall not proceed with the activity affected until receiving direction from the Contract Administrator. .13 The Contractor shall arrange with the appropriate utility authorities for the stake out of all underground utilities and service connections which may be affected by the Work. The Contractor shall be responsible for any damage done to the underground utilities by the Contractor's forces during construction if the stake out locations are within the tolerances given in paragraph GC 2.01.01 a). GC 7.02 Layout .01 Prior to commencement of construction, the Contract Administrator and the Contractor will locate on , site those property bars, baselines and benchmarks which are necessary to delineate the Working Area and to lay out the Work, all as shown on the Contract Drawings. is in ' .02 The Contractor shall be responsible for the preservation of all property bars while the Work progress, except those property bars which must be removed to facilitate the Work. Any other property bars disturbed, damaged or removed by the Contractor's operations shall be replaced by an Ontario Land Surveyor, at the Contractor's expense. Rev. Date: 99/09 General Conditions Page 36 CPS General Conditions of Contract , I 03 At no extra cost to the Owner. the Contractor shall provide the Contract Administrator with such materials and devices as may be necessary to lay out the baseline and benchmarks, and as may be necessary for the inspection of the Wcrk. .04 The Contractor shall provide qualified personnel to lay out and establish all lines and grades necessary for construction. The Contractor shall notify the Contract Administrator of any layout work carried out, so that the same may be checked by the Contract Administrator. .05 The Contractor shall install and maintain substantial alignment markers and secondary benchmarks as may be required for the proper execution of the Work. The Contractor shall supply one copy of all alignment and grade sheets to the Contract Administrator. .06 The Contractor shall assume full responsibility for alignment, elevations and dimensions of each and ' all parts of the Work, regardless of whether the Contractor's layout work has been checked by the Contract Administrator. .07 All stakes, marks and reference points provided by the Contract Administrator shall be carefully ' preserved by the Contractor. In the case of their destruction or removal as a result of the Contractor's operations, such stakes, marks and reference paints will be replaced by the Contract Administrator at the Contractor's expense. GC 7.03 Damage by Vehicles or Other Equipment .01 If at any time, in the opinion of the Contract Administrator, damage is being done or is likely to be ' done to any Roadway or any improvement thereon, outside the Working Area, by the Contractor's vehicles or other equipment; whether licensed or unlicensed equipment, the Contractor shall, on the direction of the Contract Administrator, and at no extra cost to the Owner, make changes or substitutions for such vehicles or equipment, and shall alter. loadings, or in some other manner, remove the cause of such damage to the satisfaction of the Contract Administrator. GC 7.04 Excess Loading of Motor Vehicles ' 01 Where a vehicle is hauling Material for use on the Work, in whole or in part upon a Highway, and where motor vehicle registration is required for such vehicle, the Contractor shall not cause or permit such vehicle to be loaded beyond the legal limit specified in the Highway Traffic Act R.S.O. 1990, c.H.8, as amended, whether such vehicle is registered in the name of the Contractor or otherwise, except where there are designated areas within the Working Area where overloading is permitted. The Contractor shall bear the onus of weighing disputed loads. GC 7.05 Condition of the Working Area .01 The Contractor shall maintain the Working Area in a tidy condition and free from the accumulation of debris, other than that caused by the Owner or others. GC 7.06 Maintaining Roadways and Detours 1 .01 Where an existing Roadway is affected by construction, it shall be kept open to traffic, and the Contractor shall, except as otherwise provided in this subsection, be responsible for providing and maintaining for the duration of the Work, a road through the Working Area, whether along an ' existing Highway, including the road under construction, or on detours within or adjacent to the Highway, in accordance with the MUTCD. I 1 Rev. Date: 99/09 General Conditions Page 37 OPS General Conditions of Contract I time The Contractor shall not be required to maintain a road through the Working Area until such as .02 the Contractor has commenced operations or during seasonal shut down or on any part of the Contract that has been accepted in accordance with these General Conditions. The Contractor shall not be required to apply deicing chemicals or abrasives or carry out snowplowing. , Where localized and separated sections of the Highway only are affected by the Contractor's .03 operations, the Contractor wtll not be required to maintain intervening sections of the Highway until ' such times as these. sections are located within the limits of the Highway affected by the Contractor's general operations under the Contract. Where the Contract Documents provide for or the Contract Administrator requires detours at specific .04 locations, payment for the construction of the detours, and if required, for the subsequent removal of the detours, will be made at the Contract prices appropriate to such work. .05 The Contractor shall maintain, in a satisfactory condition for traffic, a road through the Working Area, at the Owners expense. The road Through the Working Area will include any detour constructed in accordance with the Contract Documents or required by the Contract Administrator. Compensation for all labour, equipment and materials to do this work shall be at the Contract prices , appropriate to the work and, where there are no such prices, at negotiated prices. Notwithstanding to the surface of such roads and detours shall the foregoing, the cost of blading required maintain be deemed to be included in the prices bid for the various tender items and no additional payment will be made. , Where work under the Contract is discontinued for any axtended period including seasonal .06 shutdown, the Contractor shall, when directed by the Contract Administrator, open and place the Roadway and detours in a passable, safe and satisfactory condition for public travel. ' Where the Contractor constructs a detour which is not specifically provided for in the Contract .07 Documents, or required by the Contract Administrator, the construction of the detour and, if , required, the subsequent removal shall be performed at the Contractor's expense. The detour shall be constructed and maintained to structural and geometric standards approved by the Contract Administrator. Removal and site restoration shall be performed as directed by the Contract Administrator. Where, with the prior written approval of the Contract Administrator, the Highway is closed and the .08 traffic diverted entirely off the Highway to any other Highway, the Contractor shall, at no extra cost to the Owner, supply, erect and maintain traffic control devices in accordance with the MUTCD. Compliance with the foregoing provisions shall in no way relieve the Contractor of obligations under .09 subsection GC 6.01, Protection of Work, Persons and Property, dealing with the Contractor's , responsibility for damage claims, except for claims arising on sections of Highway within the Working Area that are being maintained by others. to Properties Adjoining the Work and Interruption of Utility , GC 7.07 Access Services .01 The Contractor shall provide at all times, and at no extra cost to the Owner, , a) adequate pedestrian and vehicular access; and b) continuity of Utility services to properties adjoining the Working Area. , .02 The Contractor shall provide at all times and at no extra cost to the Owner access to fire hydrants, and water and gas valves located in the Working Area. Rev. Date: 99109 General Conditions Page 38 OPS General Conditions of Contract I u .03 Where any nterruphons in the supply of Utility services are required and are authorized by the Contract Administrator. the Contractor shall give the affected property owners notice in accordance with subsection GC 7.11, Notices by the Contractor, and shall arrange such interruptions so as to create a minimum of interference to those affected. GC 7.08 Approvals and Permits .01 Except as specified in subsection GC 4.02, Approval and Permits, the Contractor shall obtain and pay for any permits, licenses, and certificates which at the date of tender closing, are required for the performance of the Work. ' 02 The Contractor shall arrange for all necessary inspections required by the approvals and permits specified in paragraph GC 7.08.01. GC 7.09 Suspension of Work .01 The Contractor shall, upon written notice from the Contract Administrator, discontinue or delay any or all of the Work and work shall not be resumed until the Contract Administrator so directs in writing. Delays, in these circumstances, will be administered according to subsection GC 3.08, Delays. 1 GC 7.10 Contractor's Right to Stop the Work or Terminate the Contract .01 If the Owner is adjudged bankrupt or makes a general assignment for the benefit of creditors because of insolvency or if a receiver is appointed because of insolvency, the Contractor -may, without prejudice to any other right or remedy the Contractor may have, by giving the Owner or receiver or trustee in bankruptcy written notice, terminate the Contract. 02 If the Work is stopped or otherwise delayed for a period of 30 Days or more under an order of a court or other public authority and provided that such order was not issued as the result of an act or fault of the Contractor or of anyone directly employed or engaged by the Contractor, the Contractor may, without prejudice to any other right or remedy the Contractor may have, by giving the Owner written notice, terminate the Contract. .03 The Contractor may notify the Owner in writing, with a copy to the Contract Administrator, that the Owner is in default of contractual obligations if, a) the Contract Administrator fails to issue certificates in accordance with the provisions of Section GC 8.0, Measurement and Payment; b) the Owner fails to pay the Contractor, within 30 Days of the due dates identified in clause GC 8.02.03, Certification and Payment, the amounts certified by the Contract Administrator orwithin 30 Days of an award by an arbitrator or court; or c) the Owner violates the requirements of the Contract. L.04 The Contractor's written notice to the Owner shall advise that if the default is not corrected in the 7 Days immediately following the receipt of the written notice the Contractor may, without prejudice to any other right or remedy the Contractor may have, stop the Work or terminate the Contract. .05 If the Contractor terminates the Contract under the conditions set out in this subsection, the Contractor shall be entitled to be paid for all work performed according to the Contract Documents and for any losses or damage as the Contractor may sustain as a result of the termination of the Contract. Rev. Date: 99I09 General Conditions Page 39 OPS General Conditions of Contract GC 7.11 Notices by the Contractor 01 Before work is carved out which may affect the property or operations of any Ministry 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 utilities, pole lines, pipe lines, conduits, farm tiles, or other public or privately owned works or property, the Contractor shall immediately notify the Owner and the Contract Administrator of the location and details of such damage or interference. GC 7.12 Obstructions .01 Except as otherwise noted in these General Conditions, the Contractor assumes all the risks and ' responsibilities arising out of any obstruction encountered in the performance of the Work and any traffic conditions, including traffic conditions on any Highway or road giving access to the Working Area caused by such obstructions, and the Contractor shall not make any claim against the Owner for any loss, damage or expense occasioned thereby. .02 Where the obstruction is a Utility or other man-made object, the Contractor shall not be required to assume the risks and responsibilities arising out of such obstruction, unless the location of the obstruction is shown on the plans or described in the specifications and the location so shown is within the tolerance specified in paragraph GC 2.01.01 a), or unless the presence and location of the obstruction has otherwise been made known to the Contractor or could have been determined , by the visual site investigation made by the Contractor in accordance with these General Conditions. .03 During the course of the Contract, it is the Contractor's responsibility to consult with Utility , companies or other appropriate authorities for further information in regard to the exact location of these Utilities, to exercise the necessary care in construction operations, and to take such other precautions as are necessary to safeguard the Utility from damage. , GC 7.13 Limitations of Operations .01 Except for such work as may be required by the Contract Administrator to maintain the Work in a , safe and satisfactory condition, the Contractor shall not carry on operations under the Contract on Sundays without permission in writing from the Contract Administrator. .02 The Contractor shall cooperate with other Contractors, Utility companies and the Owner and they shall be allowed access to their work or plant at all reasonable times. GC 7.14 Cleaning Up Before Acceptance .01 Upon attaining Substantial Performance of the Work, the Contractor shall remove surplus materials, tools, construction machinery and equipment not required for the performance of the remaining Work. The Contractor shall also remove all temporary works and debris other than that caused by the Owner, or others and leave the Work and Working Area clean and suitable for occupancy by the Owner unless otherwise specified. , .02 The Work shall not be deemed to have reached Completion until the Contractor has removed surplus materials, tools, construction machinery and equipment. The Contractor shall also have removed debris, other than that caused by the Owner, or others. Rev. Date: 99109 General Conditions Page 40 OPS General Conditions of Contract , I 11 LI LeJ GC 7.15 Warranty ' .01 The Contractor shall be responsible for the proper performance of the Work only to the extent that the design and specifications permit such performance. 02 Subject to the previous paragraph the Contractor shall correct promptly, at no additional cost to the Owner, defects or deficiencies in the Work which appear, a) prior to and during the period of 12 months from the date of Substantial Performance of the Work, as set out in the Certificate of Substantial Performance of the Work, I b) where the work is completed after the date of Substantial Performance, 12 months after Completion of the Work, c) where there is no Certificate of Substantial Performance, 12 months from the date of ' Completion of the Work as set out in the Completion Certificate, or d) such longer periods as may be specified for certain Materials or some of the Work. The Contract Administrator will promptly give the Contractor written notice of observed defects or deficiencies. ' 03 The Contractor shall correct or pay for damage resulting from corrections made under the requirements of paragraph GC 7.15.02. 11 L I I I I I i Rev. Date: 99f09 General Conditions Page 41 OPS General Conditions of Contract r 11 SECTION GC 8.0 - MEASUREMENT AND PAYMENT I GC 8.01 Measurement , GC 8.01.01 Quantities .01 The Contract Administrator will make an estimate once a month, in writing, of the quantity of Work ' performed. The first estimate will be the quantity of Work performed since the Contractor commenced the Contract, and every subsequent estimate, except the final one, will be of the quantity of Work performed since the preceding estimate was made. The Contract Administrator will provide the copy of each estimate to the Contractor within 10 Days of the Cut -Off Date. .02 Such quantities for progress payments shall be construed and held to approximate. The final quantities for the issuance of the Completion Certificate shall be based on the measurement of Work completed. .03 Measurement of the quantities of the Work performed will be either by Actual Measurement or by Plan Quantity principles as indicated in the Contract. Adjustments to Plan Quantity measurements , will normally be made using Plan Quantity principles but may, where appropriate, be made using Actual Measurements. Those items identified on the Tender by the notation (P) in the unit column shall be paid according to the Plan Quantity. Items where the notation (P) does not occur shall be paid according to Actual Measurement. GC 8.01.02 Variations in Tender Quantities .01 Where it appears that the quantity of Work to be done and/or Material to be supplied -by the , Contractor under a unit price tender item will exceed or be less than the tender quantity, the Contractor shall proceed to do the Work and/or supply the Material required to complete the tender item and payment will be made for the actual amount of Work done and/or Material supplied at the unit prices stated in the Tender except as provided below: a) In the case of a Major Item where the quantity of Work performed and/or Material supplied by the Contractor exceeds the tender quantity by more than 15%, either party to the Contract may make a written request to the other party to negotiate a revised unit price for that portion of the , Work performed and/or Material supplied which exceeds 115% of the tender quantity. The negotiation shall be carried out as soon as reasonably possible. Any revision of the unit price shall be based on the reasonable cost of doing the Work and/or supplying the Material under the tender item plus a reasonable allowance for profit and applicable overhead. , b) In the case of a Major Item where the quantity of Work performed and/or Material supplied by the Contractor is less than 85% of the tender quantity, the Contractor may make a written request to negotiate for the portion of the actual overheads and fixed costs applicable to the ' amount of the underrun in excess of 15% of the tender quantity. For purposes of the negotiation, the overheads and fixed costs applicable to the item are deemed to have been prorated uniformly over 100% of the tender quantity for the item. Overhead costs shall be confirmed by a statement certified by the Contractor's senior financial officer or auditor and may be audited by the Owner. Alternatively, where both parties agree, an allowance equal to 10% of the unit price on the amount of the underrun in excess of 15% of the tender quantity will be paid. Written requests for compensation must be received no later than 60 Days after the issuance of the Completion Certificate. Rev. Date: 99109 General Conditions Page 42 OPS General Conditions of Contract ' I tGC 8.02 Payment GC 1,01,01 Price for Work .01 Prices for the Work shall be full compensation for all labour, Equipment and Material required in its performance. The term "all labour, Equipment and Material" shall include Hand Tools, supplies and other incidentals. .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 stockpiled, shall be assessed by the following procedure: i. Sources Other Than Commercial (1) Granular'A', V and 'M' shall be assessed at the rate of 60% of the Contract price. 1 (2) Coarse and fine aggregates for hot mix asphaltic concrete, surface treatment and Portland cement concrete shall be assessed at the rate of 25% of the Contract price for each aggregate stockpiled. ' ii. Commercial Sources Payment.for separated coarse and fine aggregates will be considered at the above rate when such materials are stockpiled .at a commercial source where further processing is to be carried out before incorporating_such_materials into a final product. Advance payments ' for other materials located at a commercial source will not be made. c) Payment for all other materials, unless otherwise specified elsewhere in the Contract, shall be based on the invoice price, and the Contractor shall submit proof of cost to the Contract Administrator before payment can be made by the Owner. d) The payment for all Materials shall be prorated against the appropriate tender item by paying for sufficient units of the item to cover the value of the material. Such payment shall not exceed 80% of the Contract price for the item. ' e) All Materials for which the Contractor wishes to receive advance payment shall be placed in the designated storage location immediately upon receipt of the material and shall thenceforth be held by the Contractor intrust for the Owner as collateral security for any monies advanced by the Owner and for the due completion of the Work. The Contractor shall not exercise any act of ownership inconsistent with such security, or remove any Material from the storage locations, except for inclusion in the Work, without the consent, in writing, of the Contract Administrator. f) Such materials shall remain at the risk of the Contractor who shall be responsible for any loss, damage, theft, improper use or destruction of the material however caused. .02 Where the Owner makes advance payments subject to the conditions listed in paragraph GC 8.02.02.01, such payment shall not constitute acceptance of the Material by the Owner. Acceptance shall only be determined when the material meets the requirements of the appropriate specification. I ' Rev. Date: 99/09 General Conditions Page 43 OPS General Conditions of Contract Payment GC 8,02.03 Certification and GC 8.02.03.01 Progress Payment Certificate ' The value of the Work performed and Material supplied will be calculated once a month by the .01 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 perfcrmed; , c) any advanced payment for Materials; d) the amount of statutory holdback, liens, Owner's set-off; e) the amount of GST as applicable; and f) the amount due the Contractor. .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 Before the Work has reached the stage of Substantial Performance, the Contractor may notify the ' .01 Contract Administrator, in writing that a subcontract is completed satisfactorily and ask that the Contract Administrator certify the completion of such subcontract. if the subcontract has ' The Contract Administrator will issue a Certificate of Subcontract Completion .02 been completed satisfactorily, and all required inspection and testing of the works covered -by the subcontract have been carried out and the results are satisfactory. , The Contract Administrator will set out in the Certificate of Subcontract Completion the date.on .03 which the subcontract was completed and within 7 Days of the date the subcontract is certified complete, the Contract Administrator will give a copy of the certificate to the Contractor and to the ' Subcontractor concerned. GC 8.02.03.03 Subcontract Statutory Holdback Release Certificate and Payment , .01 Following receipt of the Certificate of Subcontract Completion, the Owner will release and pay the Contractor the statutory holdback retained in respect of the subcontract. Such release shall be made 46 Days after the date the subcontract was certified complete and providing the Contractor ' submits the following to the Contract Administrator: a) a document satisfactory to the Contract Administrator that will release the Owner from all further claims relating to the subcontract, qualified by stated exceptions such as holdback monies; ' b) evidence satisfactory to the Contract Administrator that the Subcontractor has discharged all liabilities incurred in carrying out the subcontract; c) a satisfactory clearance certificate or letter from the Workplace Safety and Insurance Board relating to the subcontract; and ' d) a copy of the contract between the Contractor and the Subcontractor and a satisfactory statement showing the total amount due the Subcontractor from the Contractor. .02 Paragraph GC 8.02.03.03.01 d), will only apply to Lump Sum Items and then only when the Contract Administrator specifically requests it. Rev. Date: 99109 General Conditions Page 44 OPS General Conditions of Contract ' I ' .03 Upon receipt of the statutory holdback, the Contractor shall forthwith give the Subcontractor the payment due under the subcontract. ' .04 Release of statutory holdback by the Owner in respect of a subcontract shall not relieve the Contractor, or the Contractor's Surety, of any of their responsibilities. ' GC 8.02.03.04 Certification of Substantial Performance .01 Upon application by the Contractor and where the Contract has been substantially performed the Contract Administrator will issue a Certificate of Substantial Performance. .02 The Contract Administrator will set out in the Certificate of Substantial Performance the date on which the Contract was substantially performed and within 7 Days after signing the said certificate ' the Contract Administrator will provide a copy to the Contractor. .03 Upon receipt of a copy of the Certificate of Substantial Performance, the Contractor shall forthwith, as required by Section 32(1) Paragraph 5 of the Construction Lien Act, R.S.O. 1990, c.C.30, as ' amended, publish a copy of the certificate in a construction trade newspaper. Such publication shall include placement in the Daily Commercial News. .04 Where the Contractor fails to publish a copy of the Certificate of Substantial Performance as 1 required above within 7 Days after receiving a copy of the certificate signed by the Contract Administrator, the Owner may publish a copy of the certificate at the Contractor's expense. 05 Except as otherwise provided for in Section 31 of the Construction Lien Act, the 45-day lien period prior to the release of holdback as referred to in clause GC 8.02.03.05, Substantial Performance Payment and Statutory Holdback Release Payment Certificates, shall commence from the date of publication of the Certificate.of Substantial..Performance as provided for above. GC 8.02.03.05 Substantial Performance Payment and Substantial Performance Statutory Holdback Release Payment Certificates 01 When the Contract Administrator issues the Certificate of Substantial Performance the Contract Administrator will also issue the Substantial Performance Payment Certificate and the Substantial Performance Statutory Holdback Release Payment Certificate or where appropriate, a combined ' payment certificate. .02 The Substantial Performance Payment Certificate will show, a) the value of Work performed to the date of Substantial Performance; b) the value of outstanding or incomplete Work; c) the amount of the statutory holdback, allowing for any previous releases of statutory holdback to the Contractor in respect of completed subcontracts and deliveries of pre -selected equipment; d) the amount of maintenance security required; and e) the amount due the Contractor. 1 .03 Payment of the amount certified will be made within 30 Days of the date of issuance of the payment certificate. .04 The Substantial Performance Statutory Holdback Release Payment Certificate will be a payment certificate releasing to the Contractor the statutory holdback due in respect of Work performed up to the date of Substantial Performance. Payment of such statutory holdback shall be due 46 Days after the date of publication of the Certificate of Substantial Performance but subject to the provisions of the Construction Lien Act and the submission by the Contractor of the following documents: ' Rev. Date: 99M General Conditions Page 45 0PS General Conditions of Contract I a) a release by the Contractcr in a form satisfactory to the Contract Administrator releasing the ' Owner from all further claims relating to the Contract, qualified by stated exceptions such as outstanding work or matters arising out of subsection GC 3.14, Claims, Negotiations. Mediation; b) a statutory declaration in a form satisfactory to the Contract Administrator that all liabilities , incurred by the Contractor and the Contractor's Subcontractors in carrying out the Contract have been discharged except for statutory holdbacks properly retained; c) a satisfactory Certificate of Clearance from the Workplace Safety and Insurance Board; and d) proof of publication of the Certificate of Substantial Performance. ' GC 8.02.03.06 Certification of Completion .01 Upon application by the Contractor, and when the Contract reaches Completion, the Contract , Administrator will issue a Completion Certificate. The Contract Administrator will set out in the Completion Certificate the date on which the Work was .02 completed and within 7 Days of signing the said certificate the Contract Administrator will provide a copy to the Contractor. GC 8.02.03.07 Completion Payment and Completion Statutory Holdback Release , Payment Certificates .01 When the Contract Administrator issues the Completion Certificate, the Contract Administrator will also issue the Completion Payment Certificate and the Completion Statutory Holdback Release Payment Certificate or where appropriate, a combined payment certificate. .02 The Completion Payment Certificate will show, a) measurement and value of Work at Completion; b) the amount of the further statutory holdback based on the value of further work completed over and above the value of work completed shown in the Substantial Performance Payment Certificate referred to above; and , c) the amount due the Contractor. .03 The Completion Statutory Holdback Release Payment Certificate will be a payment certificate , releasing to the Contractor the further statutory holdback. Payment of such statutory holdback shall be due 46 Days after the date of Completion of the Work as established by the Completion Certificate but subject to the provisions of the Constriction Lien Act and the submission by the , Contractor of the following documents: a) a release by the Contractor in a form satisfactory to the Contract Administrator releasing the Owner from all further claims relating to the Contract, qualified by stated exceptions where appropriate; , b) a statutory declaration in a form satisfactory to the Contract Administrator that all liabilities - incurred by the Contractor and the Contractor's Subcontractors in carrying out the Contract have been discharged, qualified by stated exceptions where appropriate; and c) a satisfactory Certificate of Clearance from the Workplace Safety and Insurance Board. , GC 8.02.03.08 Interest 01 Interest due the Contractor is based on simple interest and is calculated using the applicable Rate of ' Interest. 11 Rev. Date: 99/09 General Conditions Page 46 OPS General Conditions of Contract , GC 8.02.03.09 Interest for Late Payment ' 01 Provided the Contractor has complied with the requirements of the Contract including all documentation requirements, when payment by the Owner to the Contractor for Work performed, or for release of statutory holdback, is delayed by the Owner, then the Contractor shall be entitled to receive interest on the outstanding payment at the Rate of Interest, if payment is not received on the ' dates set out below: a) Progress Payment Certificates- 30 Days after the Cut -Off Date; b) Certificate of Subcontract Completion: 30 Days after the date certified as the date on which the subcontract was completed: c) Subcontract Statutory Holdback Release Payment Certificate: 76 Days after the date on which the subcontract was completed; d) Substantial Performance Payment Certificate: 30 Days after the date of issuance of the ' certificate. e) Substantial Performance Statutory Holdback Release Payment Certificate: 76 Days after publication of the Payment Certificate of Substantial Performance; f) Completion Payment Certificate: 30 Days after the date certified as the date on which the ' Contract reached Completion; g) Completion Statutory Holdback Release Payment Certificate: 76 Days after the date certified as the date which the Work was completed. 1 .02 If the Contractor has not complied with the requirements of the Contract, including all documentation requirements, prior to expiration of the time periods described in paragraph GC 8.02.03.09.01, interest will only begin to accrue when the Contractor has completed those requirements. ' GC 8,02.03.10 Interest for Negotiations and Claims .01 Except as hereinafter providedpwhere a notice of negotiation, notice of intent to claim and the ' subsequent claims are submitted in accordance with the time limits and/or procedure described by subsection GC 3.14. Claims, Negotiations, Mediation, the Owner will pay the Contractor the Rate of Interest on the amount of the negotiated price for that part of the Work or on the amount of the settled claim. Such interest will not commence until 30 Days after the satisfactory completion of that part of the Work. .02 Where the Contractor does not attempt to resolve the negotiation or the claim in an expeditious ' manner, interest shall be negotiable. .03 Where the Contractor fails to give notice of a claim within the time limit prescribed by subsection GC 3.14, Claims, Negotiations, Mediation, interest shall not be paid. .04 Where a Contractor fails to comply with the 30-day time limit and the procedures prescribed in paragraph GC 3.14.03.03 for submission of claims, interest shall not be paid for the delay period. ' GC 8.02.03.11 Owner's Set -Off ' 01 Pursuant to Section 12 of the Construction Lien Act, the Owner may retain from monies owing to the Contractor under this Contract an amount sufficient to cover any outstanding or disputed liabilities including the cost to remedy deficiencies, the reduction in value of substandard portions of the Work, claims for damages by third parties which have not been determined in writing by the Contractor's insurer, undetermined claims by the Owner under paragraph GC 8.01.02.01 a), any assessment due the Workplace Safety and Insurance Board and any monies to be paid to the workers in accordance with clause GC 8.02,06, Payment of Workers. .02 Under these circumstances the Owner will give the Contractor appropriate notice of such action. ' Rev. Date: 99l09 General Conditions Page 47 CPS General Conditions of Contract GC 8.02.03.12 Delay in Payment 01 The Owner shall not be deemed to be in default of the Contract provided any delay in payment does , not exceed 30 Days from the due dates as defined in paragraph GC 8.02.03.09.01. GC 8.02.04 Payment on a Time and Material Basis GC 8.02.04.01 Definitions .01 For the purpose of this clause the following definitions apply: Cost of Labour: means the amount of wages, salary, travel, travel time, food, lodging or similar items and Payroll Burden paid or incurred directly by the Contractor to or in respect of labour and supervision actively and necessarily engaged on the Work based on the recorded time and hourly rates of pay for such labour and supervision, but shall not include any payment or costs incurred for general supervision, administration of management time spent on the entire Work or any wages, salary or Payroll Burden for which the Contractor is compensated by any payment made by the Owner for Equipment. , Cost of Material: means the cost of Material purchased, or supplied from stock, and valued at current market prices, for the purpose of carrying out Extra Work, by the Contractor, or by others when such arrangements have been made by the Contractor for completing the Work, as shown by itemized invoices. Operated Rented Equipment: means Rented Equipment for which an operator is provided by the supplier of the equipment and for which the rent or lease includes the cost of the operator. Payroll Burden: means the payments in respect of workplace insurance, vacation pay, employment insurance, public liability and property damage insurance, sickness and accident insurance, pension fund and such other welfare and benefit payments forming part of the Contractor's normal labour costs:' Rented Equipment: means equipment that is rented or leased for the special purpose of Work on a Time and Material Basis from a person, firm or corporation that is not an associate of the lessee as defined by the Securities Act, R.S.O. 1990, c.S.S, as amended, and is approved by the Contract Administrator. Road Work: means the preparation, construction, finishing and construction maintenance of roads, streets, highways and parking lots and includes all work incidental thereto other than work on structures. Sewer and Watermain Work: means the preparation, construction, finishing and construction maintenance of sewer systems and watermain systems, and includes all work incidental thereto other than work on structures. Standby Time: means any period of time which is not considered Working Time and which together with the Working Time does not exceed 10 hours in any one Working Day and during which time a unit of equipment cannot practically be used on other work but must remain on the site in order to continue with its assigned task and during which time the unit is in fully operable condition. Structure Work: means the construction, reconstruction, repair, alteration, remodelling, renovation or demolition of any bridge, building, tunnel or retaining wall and includes the preparation for and the laying of the foundation of any bridge, building, tunnel or retaining wall and the installation of equipment and appurtenances incidental thereto. 1 I Rev. Date: 99/09 General Conditions Page 48 OPS General Conditions of Contract The 127 Rate: means the rate for a unit of equipment as listed in OPSS 127, Schedule of Rental Rates for Construction Equipment Including Model and Specification Reference, which is current at the time the ' work is carried out or for equipment which is not so listed, the rate which has been calculated by the Owner, using the same principles as used in determining The 127 Rates. Work on a Time and Material Basis: means Changes in the Work, Extra Work and Additional Work 11 I 7 [1 1 -1- approved by the Contract Administrator for payment on a Time 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 unit of equipment is actively and of necessity engaged on a specific operation and the first 2 hours of each immediately following period during which the unit is not so engaged but during which the operation is otherwise proceeding and during which time the unit cannot practically be transferred to other work but must remain on the site in order to continue with its assigned tasks and during which time the unit is in a fully operable condition. GC 8.02.04.02 Daily Work Records 01 Daily Work Records prepared as the case may be by either the Contractor's represenlativo or the Contract Administrator and reporting the labour and Equipment employed and the Material used on each Time and Material project, shall be reconciled and signed each day by both the Contractor's representative and the Contract Administrator. GC 8.02.04.03 Payment for Work .01 Payment as herein provided shall be full: compensation for all labour, Equipment and Material to do the Work on a Time and Material Basis except.where there is agreement to the contrary prior to the commencement of the Work on a Time and Material Basis. The payment adjustments on a Time and Material basis shall apply to each individual Change Order authorized by the Contract Administrator. GC 8.02.04.04 Payment for Labour 01 The Owner will pay the Contractor for labour employed on each Time and Material project at 135% of the Cost of Labour up to $3000, then at 120% of any portion of the Cost of Labour in excess of $3000. .02 The Owner will make payment in respect of Payroll Burden for Work on a Time and Material Basis at the Contractor's actual cost of Payroll Burden. .03 At the Owner's discretion, an audit may be conducted in which case the actual Payroll Burden so determined shall be applied to all Time and Material work on the Contract. GC 8.02.04.05 Payment for Material I 01 The Owner will pay the Contractor for Material used on each Time and Material project at 120% of the Cost of the Material up to $3000, then at 115% of any portion of the Cost of Material in excess of $3000. 0 Rev. Date: 99109 General Conditions Page 49 OPS General Conditions of Contract GC 8.02.04.06 Payment for Equipment GC 8.02.04.06.01 Working Time , .01 The Owner will pay the Contractor for the Working Time of all equipment other than Rented Equipment and Operated Rented Equipment used on the Work on a Time and Material basis at The 127 Rates with a cost adjustment as follows: a) Cost $10,000 or less -no adjustment; b) Cost greater than $10,000 but not exceeding $20,000 - payment $10,000 plus 90% of the portion in excess of $10,000, and c) Cost greater than $ 20.000 - $19,000 plus 80% of the portion in excess of $20.000. , .02 The Owner will pay the Contractor for the Working Time of Rented Equipment used on the Work on a Time and Material Basis at 110% of the invoice price approved by the Contract Administrator up to a maximum of 110% of The 127 Rate. This constraint will be waived when the Contract , Administrator approves the invoice price prior to the use of the Rented Equipment. The Owner will pay the Contractor for the Working Time of Operated Rented Equipment used on the .03 Work on a Time and Material Basis at 110% of the Operated Rented Equipment invoice price , approved by the Contract Administrator prior to the use of the equipment on the Work on a Time and Material Basis. Standby Time , GC 8.02.04.06.02 .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 this is retained in the Working Area for extended periods agre6d to by , Equipment where necessarily 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:- ' In addition, the Owner will include the Cost of Labour of operators or associated labourers who .02 cannot be otherwise employed during the standby period or during the period of idleness caused by Basis. the circumstances giving rise to the Work on a Time and Material , The Contract Administrator may require Rented Equipment idled by the circumstances giving rise to .03 the Work on Time and Material Basis to be returned to the lessor until the work requiring the equipment can be resumed. The Owner will pay such costs as result from such return. , .04 When Equipment is transported, solely for the purpose of the Work on a Time and Material Basis, to by the Owner only in or from the Working Area on a Time and Material basis, payment will be made , respect of the transporting units. When Equipment is moved under its own power it shall be deemed to be working. The method of movingEquipment and the rates shall be subject to the approval of the Contract Administrator. , GC 8.02.04.07 Payment for Hand Tools .01 Notwithstanding any other provision of this Section, no payment shall be made to the Contractor for , or in respect of Hand Tools or equipment that are tools of the trade. Rev. Date: 99109 General Conditions Page 50 OPS General Conditions of Contract , U ' GC 8.02.04.08 Payment for Work By Subcontractors ' .111 Where the Contractor arranges for Wcrk on a Time and Material Basis, or apart of it, to be performed by Subcontractors on a Time and Material basis and has received approval prior to the commencement of such work, in accordance with the requirements of subsection GC 3.10. Subcontracting by the Contractor, the Owner will pay the cost of Work on a Time and Material Basis by the Subcontractor calculated as if the Contractor had done the Work on a Time and Material Basis, plus a markup calculated on the following basis: a) 20% of the first $3,000. plus b) 15% of the amount from $3,000 to $10,000; plus c) 5% of the amount in excess of $10,000. .02 No further markup will be applied regardless of the extent to which the work is assigned or sublet to ' others. If work is assigned or sublet to an associate, as defined by the Securities Act no markup whatsoever will be applied. GC 8.02.04.09 Submission of Invoices 01 At the start of the Work on a Time and Material Basis, the Contractor shall provide the applicable labour and Equipment rates not already submitted to the Contract Administrator during the course of such work. .02 Separate summaries shall be completed by the Contractor according to the standard form "Summary for Payment of Acccunts on a Time and Material Basis". Each summary shall include the ' order number and covering dates of the work and shall itemize separately labour. Materials and Equipment. Invoices for Materials, Rented Equipment and other charges incurred by the Contractor on the Work on a Time and Material Basis shall be included with each summary. 03 Each month the Contract Administrator will include with the monthly progress payment certificate, the costs of the Work on a Time and Material Basis incurred during the preceding month all in accordance with the contract administrative procedures and the Contractors invoice of the Work on a Time and Material Basis. ' The final "Summary for Payment of Accounts on a Time and Material Basis" shall be submitted by .04 the Contractor within 60 Days after the completion of the Work on a Time and Material Basis. GC 8.02.05 Final Acceptance Certificate 01 After the acceptance of the Work the Contract Administrator will issue the Final Acceptance Certificate, or, where applicable, after the Warranty Period has expired. The Final Acceptance Certificate will not be issued until all known deficiencies have been adjusted or corrected, as the case may be, and the Contractor has discharged all obligations under the Contract. ' 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. Rev. Date: 99109 General Conditions Page 51 OPS General Conditions of Contract I .03 Where any person employed by the Contractor or any Subcontractor or other person on the Work is paid less than the amount required to be paid under the Contract, the Owner may set off monies in accordance with clause GC 8.02.03,11, Owner's Set -Off. GC 8.02.07 Records .01 The Contractor shall maintain and keep accurate Records relating to the Work. Changes in the Work. Extra Work and claims arising therefrom. Such Records shall be of sufficient detail to support the total cost of the Work, Changes in the Work, and Extra Work. The Contractor shall preserve all such original Records until 12 months after the Final Acceptance Certificate is issued or until all claims have been settled, whichever is longer. The Contractor shall require that Subcontractors employed by the Contractor preserve all original Records pertaining to the Work, Changes in the Work, Extra Work and claims arising therefrom for a similar period of time. .02 If, in the opinion of the Contract Administrator, Daily Work Records are required, such records shall report the labour and Equipment employed and the Material used on any specific portion of the Work. The Daily Work Records shall be reconciled with and signed by the Contractor's representative each day. .03 The Owner may inspect and audit the Contractor's Records relating to the Work, Extra Work and Changes in the Work at any time during the period of the Contract. The Contractor shall supply certified copies of any part of its Records required whenever requested by the Owner. GC 8.02.08 Taxes and Duties .01 Where a change in Canadian Federal or Provincial taxes occurs after the date of tender closing for this Contract, and this change could not have been anticipated at the time of bidding, the Owner will increase or decrease Contract payments to account for the exact amount of tax change involved. .02 Claims for compensation for additional tax cost shall be submitted by the Contractor to the Contract Administrator on forms provided by the Contract Administrator to the Contractor. Such claims for additional tax costs shall be submitted not less than 30 Days after the date of Final Acceptance. .03 Where the Contractor benefits from a change in Canadian Federal or Provincial taxes, the Contractor shall submit to the Contract Administrator, on forms provided by the Contract Administrator, a statement of such benefits. This statement shall be submitted not later than 30 Days after Final Acceptance. .04 Changes in Canadian Federal or Provincial taxes which impact upon commodities, which when left in- place form part of the finished Work, or the provision of services, where such services form part of the Work and where the manufacture or supply of such commodities or the provision of such services is 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. GC 8.02.09 Liquidated Damages .01 When liquidated damages are specified in the Contract and the Contractor fails to complete the Work in accordance with the Contract, the Contractor shall pay such amounts as are specified in the Contract Documents. [1 11 I 1 Rev. Date: 99109 General Conditions Page 52 OPS General Conditions of Contract ' CONTRACT NO. 03087 A-1 ' THIS AGREEMENT MADE IN TRIPLICATE THIS o2.3 RD ' DAY OF '58PTCMC5Er/L 20o3 BETWEEN: Municipality of Kincardine (hereinafter called "the Owner") OF THE FIRST PART Lavis Contracting Co. Limited R. R. #2 Clinton, Ontario - and - NOM 1L0 ' (hereinafter called "the Contractor") OF THE SECOND PART iWITNESSETH ' That the Owner and the Contractor, in consideration of the fulfilment of their respective promises and obligations herein set forth covenant and agree with each other as follows: ' ARTICLE 1 ' a) A description of the work is: Princes Street and Lambton Street Reconstruction, in the Municipality ' of Kincardine, Contract No. 03087. . b) The Contractor shall, except as otherwise specifically provided, at his own expense, provide all and every kind of labour, machinery, plant, structures, roads, ways, materials, appliances, articles and things necessary for the due execution and completion of all the work set out in this contract and shall forthwith according to the instructions of the Engineer commence the works and diligently execute the respective portions thereof and deliver the works complete in every particular to the Owner within the time specified. ARTICLE 2 In case of any inconsistency or conflict between the provisions of this Agreement and the Plans, and Specifications or General Conditions, or Tender, or any other documents or writing, the provisions of such documents shall take precedence and govem in the following order; namely, I 1 [1 n A-2 a) Agreement b) Addenda c) Special Provisions d) Contract Drawings e) Information to Bidders 0 Standard Specifications g) Standard Drawings h) Form of Tender i) Supplemental General Conditions j) General Conditions ARTICLE 3 The Contractor shall not without the consent in writing of the Owner (or the Engineer) and without restricting in any way the provisions of the General Conditions attached hereto make any assignment of any part or the whole of any monies due or to become due under the provisions of this contract. ARTICLE 4 ' The Owner covenants with the Contractor that the Contractor having in all respects complied with the provisions of this contract, will be paid for and in respect of the works the sum of ' One Hundred and Ninety -Six Thousand, Nine Hundred and Eighty -Three -------------------26/100 subject to such additions and deductions as may properly be made under the terms hereof, subject ' to the provision that the Owner may make payments on account monthly or otherwise as may be provided in the attached hereto. ARTICLE 5 Where any notice, direction or other communication is required to be or may be given or made by one of the parties hereto to the other or to the Engineer, it shall be deemed sufficiently given or made if mailed or delivered in writing to such party or to the Engineer at the following address: B. M. ROSS AND ASSOCIATES LIMITED t Consulting Engineers 62 North Street Goderich, Ontario. N7A 2T4 1 E A-3 Where any such notice, direction or other communication is given or made to the Engineer, a copy thereof shall likewise be delivered to any agent of the Engineer appointed in accordance with the General Conditions of this Contract and where any such notice, direction or other communications is given or made to such Agent, a copy thereof shall likewise be delivered to the Engineer. tARTICLE 6 1 11 u 1 A copy of each of the General Conditions, Supplemental General Conditions, Special Provisions, Addenda, Tender, Information to Bidders, and Supplemental Specifications is hereto annexed andtogether with the Plans relating therto and listed in the Specifications are made part of this Contract as fully to all intents and purposes as though recited in full herein. ARTICLE 7 No implied contract of any kind whatsoever by or on behalf of the Owner shall arise or be implied from anything in this contract contained, nor from any position or situation of the parties at any time, it being clearly understood that the express covenants and agreements herein contained made by the Owner shall be the only covenants and agreements upon which any rights against the Owner may be founded. ARTICLE 8 Time shall be deemed the essence of this Contract. IMY 04M The Contractor declares that in tendering for the works and in entering into this Contract, he has either investigated for himself the character of the work and all local conditions that might affect his tender of his acceptance of the work, or that not having so investigated, he is willing to assume and does hereby assume all risk of conditions arising or developing in the course of the work which might or could make the work or any items hereof, more expensive in character, or more onerous to fulfill than was contemplated or known when the tender was made or the Contract signed. The Contractor also declares that he did not and does not rely upon information furnished by any methods whatsoever by the Owner or its officers or employees, being aware that any information from such sources was and is approximate and speculative only, and was not in any manner warranted or guaranteed by the Owner. I ' A-4 ARTICLE 10 ' This contract shall apply to and be binding on the parties hereto and their successors, administrators, executors and assigns and each of them. ' IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals the day and ' year first above written or caused their corporate seals to be affixed, attested by the signature of their proper officer, as the case may be. ' FOR THE OWNER: a re ame Uitle Dat I/We have the authority to bind the corporation. cJ aturre"""_ Name Title Date UWe have the authority to bind the corporation. ' FOR THE CONTRACTOR: Signature G'oRDo t/e7. CAII/SyCF_ AESAW1,17- fE�TEM4E2-z'1�o3 Name Title Date to bind the corporation. Name UWe have the authority to bind the corporation. Title Date 11 FAwp\Contracts\Fonns44- I.4.doc D ' CONTRACT RELEASE IN THE MATTER of a Contract dated 20_1 known as Contract for the construction of in the , Ontario KNOW ALL MEN BY THESE PRESENTS that UWe (name of Contractor, in full) for and in consideration of other good and valuable consideration paid by the Owner, have ' remised, released and forever discharged, and by these presents do for myself/ourselves, my/our heirs, executors, administrators and assigns or successors and assigns, as the case maybe, remise, release and forever discharge the Owner, its successors and assigns, of and from all manner of action and actions, cause and causes of action, suits, debts, dues sums of money, claims and demands whatsoever at low or in equity which I/We ever had or now have, or which I/We or my/our heirs, executors, administrators or assigns or successors and assigns, as the case may be, ' hereafter can, shall or may have by reason of the above -mentioned Contract, save and except any claim which I/We have arising out of; ' 1) the retention by the Owner of the maintenance holdback of the Contract price; 2) any sum retained by the Owner against the cost of uncompleted work; 3) (if none, state "none") IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals. ' SIGNED, SEALED AND DELIVERED ) Witness or Company Seal FAwp\Contracts\Fotms\Contract Releme.doc F I C STATUTORY DECLARATION RE PAYMENT OF ACCOUNTS DOMINION OF CANADA (IN THE MATTER of a contract, known as Contract (entered into between ( the Owner ( AND ( the Contractor (dated 20 (for the construction of (in Ontario. TO WIT: I, of in the Province of , do solemnly declare: 1 1. That I am 1 11 X of the (President, Secretary, Treasurer, a Partner, etc.) Contractor named in the Contract above -mentioned and as such have personal knowledge of the facts hereunder declared. 2. That the said Contractor has complied with the terms of the Construction Lien Act, 1983, and amendments thereto, with the requirements of statutes and regulations of the Province of Ontario relating to the payment of fair wages and with the requirements of the said Contract relating to the payment of wages. 3. That with the exception of accounts listed below, all liabilities (including payment due to all staff, sub -contractors, suppliers, Workers' Compensation Board, insurance companies) incurred by the said Contractor arising out of our work performed, have been discharged. Name & Address of Creditor Service Rendered Amount Outstanding Total (If there are no accounts, enter "NONE" above) AND I MAKE THIS SOLEMN DECLARATION conscientiously believing it to be true and ' knowing that it is of the same force and effect as if made under oath and by virtue of "The Canada Evidence Act". ' DECLARED before me at the ) of ) ' in the County of ) this day of ) A.D.20 ) 1 ) A Commissioner, etc. or Notary Public ' F:\wp\Contracts\Forms\Accounts.doe I STATUTORY DECLARATION RE LIENS & LIABILITIES DOMINION OF CANADA ' TO WIT: I, ' Province of 1. That I am [1 I 1 (IN THE MATTER ofa contract, known as Contract (entered into between AND (dated (for the construction of (in of do solemnly declare: the owner the Contractor 20 Ontario. in the of the (President, Secretary, Treasurer, a Partner, etc.) Contractor named in the Contract above -mentioned and as such have personal knowledge of the facts hereunder declared. 2. That all persons who have performed any work or service upon or in respect of, or placed or furnished any materials or things to be used in connection with the above contract, have been fully paid or their claims have been settled in respect of such work, service, materials or things and there are no liens, garnishees, attachments or claims relating thereto. 3. That all subcontractors who were engaged in or in any manner associated with the performance of any part of the above contract have been fully paid or their claims have been settled in respect thereof except to the extent that monies (not exceeding in any instance 14% of the value of the work performed by the subcontractor) have been held back by written agreement with any such subcontractors. 4. That all subcontractors who were engaged in or in any manner associated with the performance of any part of the above contract have discharged all liabilities which they incurred in respect thereof. 5. That all claims for damage to property or injury to persons of which the above -named Contractor has received notice have been fully paid or settled. 6. That the above -named Contractor has not had any notice of any grounds for a claim (other than those covered by para. 5 above) connected with this contract by a third party and for which a claim might be made and I '-- believe that no such claim will be made. ' AND I MAKE THIS SOLEMN DECLARATION conscientiously believing it to be true and knowing that it is of the same force and effect as if made under oath and by virtue of "The Canada Evidence Act". DECLARED before me at the of in the County of this day of A.D. 20 A Corrmtissioner, etc. or Notary Public F:\wp\ContractsTorms\Liens.doc 1 1 1 1 1 L11 1 1 rj n 3 z it Note 1 1 0 Note 2 a Note 2 `e Recovery toper —'{ Edge of gravel shoulder I N cai Nate 1 Note 1 I _Edge of auxiliary lane or taper — ~II 7— of through traffic lane — — — — — — — — -----Y rt HighwaY --------------- PLAN 'A', AUXILIARY LANE OR TAPER — GRAVEL SHOULDER 2 J 'a M v haulder of gravel shoulder 9AEdge fArA Cj5.1Notegutter UConce Edge of traffic lane rA auxiliary lane or taperHighway-------------of gavel shoulder PAVED SHOULDER RADIUS WITH SppGRAVEL SHOULDER ON HIGHWAY I1---- I Lapp I I Edge of traffic lane J II auxiliary lane or taper rrHighwoY—— — ----- Curb and gutter v termination ° —Edge of gravel shoulder Typ m � A Edge of partial OPSD-608.010 rA paved shoulder PLAN 'C', CURB AND GUTTER Note 2 Note 1 Edge of traffic lane rA auxiliary lane or taper 1-- Highway ------------- PAVED SHOULDER RADIUS WITH PARTIALLY NOTES: PAVED SHOULDER ON HIGHWAY 1 Highway shoulder width tapers to sideroad shoulder width over length of radius. Traffic lanes ----t—Sh—I Rnd 2 Location of delineators as specified. INote 2 3 For gravel sideroad, distance to be 15.0m. A Recovery taper is required when traffic TYPICAL SECTION A —A lanes include auxiliary lane or taper. B Pavement radius as specified. PLAN 'B', PAVED SHOULDER OR C All dimensions are in millimetres unless PARTIALLY PAVED SHOULDER otherwise shown. ONTARIO PROVINCIAL STANDARD DRAWING April 1999 Rev A P SHOULDER TREATMENT ---------- AT AT SIDEROAD INTERSECTIONS OPSD — 304.010 I Varies 1.5m Note 2 0.3m BOULEVARD rnin 51oPe Concrete 2y, to 107 kj'oX 2% to 8% Slope 2% to 4% sidewalk ____________ ` 125mm R=Smm Subgrade or or Note 1 base as specified 5-1 1 5 m ' N O a :.. 0 :< .2 % O DUMMY JOINT 5 y o O CONTRACTION JOINT R5mm=p 5 NO 'qO �- `o 12mm expansion joint material EXPANSION JOINT TYPICAL SECTION NOTES: 1 Sidewalk thickness at residential driveways and adjacent to curb shall be 150 mm. At commercial and industrial driveways, the thickness shall be 200mm. 2 Sidewalk width shall be increased to 2.4m at schools, bus stops and other high pedestrian areas. ARIO PROVINCIAL STAN Curb and gutter joints Dummy joints Typ Contraction joints Typ JOINT LAYOUT Expansion joint material ,,—Note I A All dimensions are in millimetres or metres unless otherwise shown. DRAWING CONCRETE SIDEWALK 1993 10 01 I Rev Date ______ I1MQ OPSD - 310.0 1 Stop or yield Stop or yield street street 1 Expansion joints 2.5m Typ ram Ramp slopes 11 P ` 8% max 1.5m j--- - ---Typ :o I Typ a 1.5m 1 Typ ----- '0 ------ oX 1 Expansion joint : Curb and gutter material , Typ Curb and gutter Through street Through street 1 UNSIGNALIZED INTERSECTIONS 1 Back of sidewalk ' Expansion joint Directional lines Typ 1 Crosswalk I Directional lines / 1\ Typ 0 0.3m apart and 1.5m long - min Typ 1 Curb and -----:'':".�.... 1.0 1.5 1.0 gutter .0 1 Gutter line Lo,. RAMP ELEVATION Full curb height 7 0 � I S 1 ' 0� Curb and gutter I i Finished road 1 surface Expansion joint material SIGNALIZED INTERSECTIONS 2.5m Back of sidewalk -.. •slope 8% may, 57 desirable ,d. _ _. a :'a • 150mm min 1 Curb and gutter Sidewalk ramp as specified TYPICAL RAMP SECTION 1 NOTES: A Directional lines shall be 10x10mm made B All dimensions are in millimetres or 1 with grooving tool having a 15mm radius. metres unless otherwise shown. 1 ONTARIO PROVINCIAL STANDARD DRAWING 1993 10 01 Rev SP CONCRETE SIDEWALK RAMPS Date _ _ _ _ _ _ _ 1 AT INTERSECTIONS OPSD - 310.030 See slot detail FRAME PLAN 657 17—{ 1— 623 —tir--tea 76 � 305 '-- 305 SECTION B—B 56 JN%=1 R=3mm 4.5mm SLOT DETAIL SECTION A —A 17 70mm min F95mm max r7�1 111111 11111 1� �-19mm dia hinge pin N GRATE PLAN 604 T—H`1 l 1 I SECTION C—C y� 7s NOTE: A This OPSD to be read in conjunction with OPSD-610.010 and 610.020. B All dimensions are in millimetres unless otherwise shown. ONTARIO PROVINCIAL STANDARD DRAWING Nov 2001 Rev 0 �v CAST IRON, SQUARE FRAME p _ — — — — — — _ _ _ S WITH SQUARE FLAT GRATE FOR - - - - - - _ _ _ _ _ CATCH BASINS, PERFORATED OPENINGS OPSD - 400.100 gram 29X25mm Typ Y FRAME PLAN m676 m632 m624 m578- 25 r" 6 78 � ' 19 16.5 --II 0667 SECTION A —A I 0 R46 SECTION B—B 1 R70mm min 150mm max P 45 2 Lugs per cover See detail 1�1 [ I111 ICI Iii ICI In liil .I Y G_I 13 GI Illl ICI It: ICI IG_I ul u�■ n ■ui ii ICI lol _ _ ICI GI Ilil _ _ _ ICI — lil — GI _ ICI _ • • 'f • , ICI ISI■lil■ti;■IIH■'il■i� 11 ICI I3I i51 0 IMI i] ICI ILtI [I Lift hole It a Jim ■i ■m■N■ ■ IGI B ICI ICI I_`I 11i1 ICI El L ICI lil C lill LI ul I& li(I 41 ii 03 El ul Iii GI liil liii lil lil GI ui ui (yl■IyJ■;EI■u:■ i0i-l■i1 . '�I ICI Ell - - 3 li•I Gil - - ICI - lil - Iii - ICI - It u; ul■Iii■il■IG•■ill■n■',i - - GI I.I lil lil liil lii lil 9 ICI ■ 0 ■ n 2 1 ul Iil lil [I Iii ill Iii I.I lil lil u_I u;■1N-41■.I ;. jIii GI Ilil liil ijl� �� j ij!I Gi 17{I ;41 ;a DETAIL , E B CLOSED . OPEN COVER 16 SECTION C—C SECTION D—D —{� NOTES: —16.5 A Covers shall be Type A or Type B as specified. B Lugs and keyways are optional. C All dimensions are in millimetres unless otherwise shown. ONTARIO PROVINCIAL STANDARD DRAWING Nov 2002 1 Rev t CAST IRON, SQUARE FRAME WITH _ — — — _ _ — _ _ — sP CIRCULAR CLOSED OR OPEN COVER ---------- _ FOR MAINTENANCE HOLES OPSD — 401.010 � e U ° o Dropped curb of ° m entrances $ �o Typ 100mm Note 2 Finished 25 300 - 50 r 1501 25 300 50 1501 Typ road �. I Thickness aooR� � of sidewalk •..`surfP. TYP in 25 I- 525 Fes- 50 �_ 525-�f F'- 50 TANGENT Additional width\whera sidewalk is adjacent to curb Typ SUPERELEVATED NOTES: 1 Flexible pavement shall be 5mm above the adjacent edge of gutter. 2 Where sidewalk is continuously adjacent, reduce the dropped curb at entrances to 75mm. 3 For slipforming procedure, a 5% batter is acceptable. A Treatment at entrances shall conform with OPSD-351.010. B Outlet treatment shall conform with OPSD-610 Series. C The length of transition from one curb type to another shall be LEGEND: S — Rate of pavement superelevation in percent, %. 3.0m, except in conjunction with ONTARIO PROVINCIAL STANDARD DRAWING guide rail, it shall conform to — D OPSD-9000 Series. in millimetres CONCRETE BARRIER CURB All ons are unless otherwise shown. WITH STANDARD GUTTER FOR FLEXIBLE PAVEMENT 1 1999 IRev P� • �.040 For adjustment rt------'1+ unit and frame installation am OPSO-704.010 Typ a. Y r., Tapered top Sae alternative 0 a l ALTERNATIVES t 2oomm die Riser sections A SUMP FOR STORM SEWER as required MAINTENANCE HOLE v i i Monolithic base with 300 inlet and outlet 300mm max + Note 1 openings to suit TYP See alternatives AB and D 300mm, Typ -- Granular r�''• —'-------=--� •'_ Granular)7 bedding bedding B PRECAST SLAB BASE C CAST —IN —PLACE BASE D PRECAST FLAT CAP Bottom riser section with Inlet and outlet openings to suit Flat ca P Riser 790 a section ' --- - _F150 - . •.Y.;: 75 300 Granular) Steel reinforcement Granular bedding as specrtied bedding NOTES: 1 The sump is measured from the lowest invert. E For benching details, maximum pipe A Granular backfill to be placed to a minimum hole diameters and flow configurations, thickness of 300mm all around the see OPSD-701.021. maintenance hole. F All dimensions are nominal. B Precast concrete components according G All dimensions are in millimetres to OPSD-701.030. unless otherwise shown. C Structure exceeding 5.Om in depth to include safety platform according to OPSD-404.020. D Pipe support according to OPSD-708.020. ONTAR10 PROVINCIAL STANDARD DRAWING April 1999 Rev 2 sr PRECAST MAINTENANCE HOLE --------- P 1200mm DIAMETER OPSD - 701.010 e 7100mm die � Ri er sec�ian y 1. Right angle bend 4. Four way junction 2. Tee connection 3. Three way junction 5. Straight through 6. Dead end 7. Wye connection S. 451 bend Section NOTES: A Concrete for benching to be 3OMPa. B Benching to be given wood float finish, channel to be given steel trowel finish. C All dimensions are nominal. D All dimensions are in milimetres or metres unless otherwise shown. MAXIMUM SIZE HOLE IN THE WALL IN PRECAST RISER SECTIONS Maintenance Hole Diameter mm No. 1-4 mm No. 5 & 6 mm No. 8 mm No.7 Hole mm 1200 700 860 780 860 1500 860 1220 9601170 EInletHoleOutlet 1800 1220 1485 1220 1485 2400 1485 2020 1760 2020 3000 1930 2450 2300 1930 2450 3600 2195 3085 2730 1 2195 3085 ONTARIO PROVINCIAL STANDARD DRAWING 1998 03 011 Rev 11 MAINTENANCE HOLE BENCHING ---------_- AND PIPE OPENING DETAILS 0PSD_ - 701. H 11 I I I — 150mm Dverlop Q A WWF 185mm Z/m, each way PLAN 830 115 � 600 � 115 0 .F 1 I "—T'\�Note 2250 ,1, I 1 I o 'o N a a a E n E WWF q ; 185mm Z/m, 0 0 of each way I`` E m E L o 0 — Granular SECTION A —A bedding NOTES: 1 Outlet hole size 525mm diameter maximum, location as required. 2 200mm diameter knockout to accommodate subdrain. Knockout to be 60mm deep. A All reinforcing steel shall have 25mm minimum cover. B Granular backfill to be placed to a minimum thickness of 300mm all around the catch basin. ALTERNATE STANDARD HEIGHTS A 1980mm B 1830mm C 1520mm 830 . 115 F 600 115 2 a 0 U E E 0 L - futlet ,j' ole r Nate 1 L SECTION B—B 300mrr. Oil side 'I. TYP C Frame, grate and adjustment units shall be installed according to OPSD-704.010. D Pipe support according to OPSD-708.02C E All dimensions are nominal. F All dimensions are in millimetres or metres unless otherwise shown. ' ONTARIO PROVINCIAL STANDARD DRAWIN PRECAST CONCRETE CATCH BASIN 600mm x 600mm, DEPTH — 4.Om MAX 1996 09 15IRev — — Date SD - 705.01 C r r r r r r r rr r� r� r i■li r� r r r r r PIPE IN SUPPORTED EXCAVATION Note 3, Typ PIPE IN UNSUPPORTED EXCAVATION Support Typ system' 1 1 Backfill material. ' For, culvert frost treatment 1 • 300mm min. '• Note 2 t,g rT Typ '• —Clearance, 30 i min see table c� a Eo of W TYPE 1 OR 2 TYPE 3 SOIL SOIL 150-4 Note 1 ILEGEND: 0 — Inside diameter Bedding grade PIPE IN SUPPORTED EXCAVATION 1 The pipe bed shall be shaped to receive the bottom of the pipe. 2 Pipe culvert frost treatment according to OPSD-803.030 and 803.031. 3 Condition of trench is symmetrical about centreline of pipe. A Granular material placed under the haunches must be compacted 1= prior to continued placement and compaction of embedment material. B Embedment material shall be homogeneous granular material, and shall be placed and compacted uniformly around the pipe. C Soil types as defined in the Health & Safety Act and Regulations for Construction Projects. PIPE IN SUPPORTED EXCAVATION 6 Clearance, see table, Typ 150 0 2 D.s o Note 1 PIPE IN UNSUPPORTED EXCAVATION 0 2 - Subgrade • 3 Backfill material. For culvert frost treatment Note 2 • Bedding grade F�2 TYPE 4 SOIL D Protection against heavy ONTARIO PROVINCIAL STANDARD DRAWING construction equipment according to OPSD-808.010. FLEXIBLE PIPE E All dimensions are t millimetres EMBEDMENT AND BACKFILL or metres unless otherwise shown. EARTH EXCAVATION CLEARANCE TABLE Pipe Clearance !nside Diameter mm mm 900 or less 300 Over 900 500 1996 09 15 IRev PIPE IN PIPE IN UNSUPPORTED PIPE IN UNSUPPORTED PIPE IN SUPPORTED EXCAVATION EXCAVATION SUPPORTED EXCAVATION EXCAVATION Support Subgrade Note 3, T system, Ty� YP Rock—/ surface o 0 Typ E Rock, Note 5, Typ Clearance, see table, Typ 1 1 3 Typ Rock, Note 4, Typ ORIGINAL ROCK < 1200mm ABOVE TRENCH BOTTOM Backfill material. For culvert frost treatment Note 2 Bedding grade NOTES: 1 The pipe bed shall be shaped to receive the bottom of the pipe. 2 Pipe culvert frost treatment according to OPSD-803.030 and 803.031. 3 Condition of trench is symmetrical about centreline of pipe. 4 Weathered or loose rock to be treated as Type 1 soil. 5 Weathered or loose rock to be supported. A Granular material placed under the haunches must be compacted prior to continued placement and compaction of embedment material. B Embedment material shall be homogeneous granular material, and shall be placed and compacted uniformly around the pipe. C Soil types as defined in the Health & Safety Act and _ Regulations for Construction Projects. ONTARIO PROVINCIAL S7 D Protection against heavy ------- ORIGINAL ROCK Z 1200mm ABOVE TRENCH BOTTOM LEGEND: ,0 — Inside diameter ► — Type 1 or 2 soil ** — Type 3 soil *** — Type 4 soil DARD DRAWING construction equipment according FLEXIBLE PIPE to OPSD-808.010. E All dimensions are in millimetres EMBEDMENT AND BACKFILL or metres unless otherwise shown. ROCK EXCAVATION CLEARANCE TABLE Pipe Inside Diameter Clearance mm mm 900 or less 300 Over 900 500 1996 09 15 IRev _ Date OPSD - 802.013 PIPE IN SUPPORTED EXCAVATION f rt system table,see Typ PIPE IN UNSUPPORTED I EXCAVATION Note 4, Typ ,—Subg PIPE IN UNSUPPORTED EXCAVATION . 1 i Backfill material. Tin, .Typ For culvert frost treatment ! Note 3 Clearance — • }y Cover material See table, Typ ll 1200mm D max, Typ Compacted granular LO o bedding material — :•':.''::'..' �.'•_:_' :::'::'•�•::'•.':'::'•: Note 1 Note 2 ` CLASS B — BEDDING Bedding grade NOTES: 1 The minimum bedding depth below the pipe shall be 0.15D. In no case shall this dimension be less than 150mm or greater than 300mm. 2 The pipe bed shall be shaped to receive the bottom of the pipe. 3 Pipe culvert frost treatment according to OPSD-803.030 and 803,031 4 Condition of trench is symmetrical about centreline of pipe. A Soil types as defined in the Health & Safety Act and Regulations for Construction Projects. B Protection against heavy PIPE IN SUPPORTED EXCAVATION 0.5 CLASS C — BEDDING LEGEND: D — Inside diameter OD— Outside diameter construction equipment according ONTARIO PROVINCIAL STANDARD DRAWING to OPSD-808.010. C All dimensions are in millimetres RIGID PIPE BEDDING, or metres unless otherwise shown. COVER AND BACKFILL TYPE 1 OR 2 SOIL - EARTH EXCAVATION 0.1500 CLEARANCE TABLE Pipe Inside Diameter Clearance mm mm 900 or less 300 Over 900 500 1996 09 15IRev OPSD 802.030 PIPE IN SUPPORTED EXCAVATION — Note PIPE IN UNSUPPORTED EXCAVATION Support system \ Typ Note 1 Typ Note 2 CLASS B — BEDDING PIPE IN UNSUPPORTED EXCAVATION -.-_- Subgrade � 1 1 Backfill material. For culvert frost treatment' Note 3 —Cover material 300mm min, —Compacted granular — bedding material Bedding grade NOTES: 1 The minimum bedding depth below the pipe shall be 0.150. In no case shall this dimension be less than 150mm or greater than 300mm. 2 The pipe bed shall be shaped to receive the bottom of the pipe. 3 Pipe culvert frost treatment according to OPSD-803.030 and 803.031. 4 Condition of trench is symmetrical about centreline of pipe. A Soil types as defined in the Health & Safety Act and Regulations for Construction Projects, B Protection against heavy construction equipment according ONTARIO PROVINCIAL Sl to OPSD-808.010. .. 2 0 PIPE IN SUPPORTED --- EXCAVATION CLASS C — BEDDING LEGEND: 0 — Inside diameter OD — Outside diameter DRAWING C All dimensions are in millimetres RIGID PIPE BEDDING, or metres unless otherwise shown. COVER AND BACKMLL TYPE 3 SOIL - EARTH EXCAVATION see table Typ 0.1500 CLEARANCE TABLE Pipe Inside Diameter Clearance mm mm 900 or less 300 Over 900 500 1996 09 151Rev [1 I 1 PIPE IN SUPPORTED _ EXCAVATION Nate 4, Typ Support system Typ PIPE IN UNSUPPORTED EXCAVATION M4 Bedding Note 7 Not �d SOD grade 2 CLASS B — BEDDING PIPE IN UNSUPPORTED EXCAVATION 3 Backfill material. For culvert frost treatment Note 3 0.t5c LEGEND: 0 — Inside diameter OD — Outside diameter .. Subgrade `Backfill material. For culvert frost treatment Compacted Note 3 granular bedding material PIPE IN SUPPORTED EXCAVATION see table I��►Ii l M .f15GQ�Bedding grade CLASS C — BEDDING NOTES: 1 The minimum bedding depth below the pipe shall be 0.150. In no case shall this dimension be less than 150mm or CLEARANCE TABLE Pipe Inside Diameter Ciearance mm mm 900 or less 300 Over 900 500 greater than 300mm. 2 The pipe bed shall be shaped to receive the bottom of the pipe. 3 Pipe culvert frost treatment according to OPSD-803.030 and 803.031. 4 Condition of trench is symmetrical about centreline of pipe. A Soil types as defined in the Health & Safety Act and Regulations for Construction Projects. B Protection against heavy construction equipment according to OPSD-808.010. C All dimensions are in millimetres or metres unless otherwise shown. ' ONTARIO PROVINCIAL STANDARD DRAWIN( RIGID PIPE BEDDING, I COVER AND BACKFILL TYPE 4 SOIL - EARTH EXCAVATION 1996 09 151Rev PIPE IN -- SUPPORTED EXCAVATION Support system, Typ a Rock surface Typ Rock Note 6 Typ PIPE IN UNSUPPORTED PIPE IN UNSUPPORTED EXCAVATION EXCAVATION rode PIPE IN SUPPORTED EXCAVATION — Note 4, Typ 1 ,/�.11 1NQ'VIIA r///AOverburden Rock, Note 5 Typ Typ Backfill material. - For culvert frost treatment Note 3 Cover material granular bedding material L-Note 1 10.60D \ - Bedding Note 2 ORIGINAL ROCK < 1200mm ABOVE TRENCH BOTTOM NOTES: CLASS B — BEDDING 1 The minimum bedding depth below the pipe shall be 0.259. In no case shall this dimension be less than 150mm or greater than 300mm. Clearance see table ' Typ 0.150D Note ORIGINAL ROCK Z 1200mm ABOVE TRENCH BOTTOM CLASS C — BEDDING 7_ The pipe bed shall be shaped to receive the bo':tom of the pipe. LEGEND: 3 Pipe culvert frost treatment according to OPSD-803.030 and803.031. D — Inside diameter 4 Condition of trench is symmetrical about centreline of pipe. OD — Outside Diameter 5 Weathered or loose rock to be treated as Type 1 soil. * — Type 1 or 2 soii 6 Weathered or loose rock to be supported. ** — Type 3 soil A Soil types as defined in the Health & Safety Act and Regulations for *** — Type 4 soil CLEARANCE TABLE Pipe Inside Diameter Clearance mm mm 900 or !ess 300 Over 900 500 Construction Projects. ONTARIO PROVINCIAL STANDARD DRAWING 1996 09 15 Rev B Protection against heavy construction equipment according t OPSD RIGID PIPE BEDDING o—808.0I . I - - - - — — — — —— C All dimensions are in millimetres COVER AND BACKFILL Date or metres unless otherwise shown. ROCK EXCAVATION OPSD - 802.033 I 11 C I 11 1 I Concrete thruet block Concrete thrust block i Main stop —optional O o PLAN Plug or cap DEAD END PLAN Concrete thrust block TEE �} Main stop —optional U x Z-ConcreteELEVATION DEAD END t block PLAN MINIMUM TYPICAL BEND C+150 i I Concrete thrust block 0 T O NOTES: A Concrete shall be placed to within PLAN50mm of the face of the bell. 917 BEND B Bond breaker to be used between concrete and flttings. ` C This blocking design applies only where Z1035kPa pressure is not exceeded. - - D This blocking design applies where the ` soil has a minimum soil bearing capacity of 200kPa. E All dimensions are in millimetres unless SECTION X—X otherwise shown. ONTARIO PROVINCIAL STANDARD DRAWING April 1999 Rev CONCRETE THRUST BLOCKS --- FOR TEES, PLUGS AND ---------- - HORIZONTAL BENDS OPSD - 1103.010 DIMENSIONS PIPE DIA .c d o b 100 150 150 150 150 150 250 250 15D 250 200 300 350 200 450 250 400 400 250 550 300 450 500 350 650 350 500 550 400 700 I I Place concrete after anchor block has been poured and bands set in place Stainless steel strap—Y FAMOTTAIrM Stainless steel strap 50x13mm 130x85x20mm Concrete thrust block —= M 0 MAIL A - 9z�.iit --III O 0 X UP -THRUST BLOCK ELEVATION Inside radius of strap=outside radius of bend �— Undisturbed ground DOWN -THRUST BLOCK ELEVATION NOTES: A Concrete shall be placed to within 50mm of the face of the bell. B Bond breaker to be used between concrete and fittings. C This blocking design applies only where 1035kPc pressure is not exceeded. Sea detail steel strap Concrete Stainless steel rods .— d Diameter Concrete r100 80mm min b UP -THRUST BLOCK SECTION X-X MINIMUM DIMENSIONS PIPE DIA o I b o d e 100 450 1 600 750 13 150 150 600 900 900 13 300 200 600 900 1500 13 450 250 900 900 1500 20 6D0 300 1200 900 1650 20 H00 350 1200 1200 1650 25 1000 Coronets thrust block rrUr7 DOWN -THRUST BLOCK SECTION Y-Y D This blocking is for bends up to 45' only. E This blocking design applies where the soil has a minimum soil bearing capacity of 200kPa. F All dimensions are in millimetres unless otherwise shown. ?AWING I ADHI 1999 1 Rev 11 CONCRETE THRUST BLOCKS ---------- FOR VERTICAL BENDS OPSD - 1103 n 0 Finished grade Slide type service box with upper and lower section Gooseneck formed with copper tube Note 1 / r'E E Main stop Curb stop ♦, . Watermain drilled and topped AWWA inlet thread Concrete support *— Bedding as apecified —• 200x200x100mm E NOTES: 1 For plastic service pipes, install main atop C All water services to be installed 90e at 90'to the vertical with horizontal to the longitudinal axis of the waterr gooseneck D All dimensions are in millimetres A Service connections to plastic watermains unless otherwise shown. to be made using service saddles or factory made tees. B For any junction made in the service pipe, between main stop and curb stop, couplings will not be permitted unless the service length exceeds 20m. MARIO PROVINCIAL STANDARD DRAWING April 1999 IRevI WATER SERVICE -------_-- CONNECTION DETAIL---------- 20 and 25mm DIAAIIETER SIZES OPSD - 11 NOTES: A Any junction made in service pipe between main stop and curb stop to be made with approved couplings. B All water services to be installed 97 to the longitudinal axis of the watermain. C Al dimensions are in millimetres unless otherwise shown. ONTARIO PROVINCIAL STANDARD DRAWING WATER SERVICE CONNECTION DETAIL 32, 38 and 50mm DIAMETER SIZES ---------- OPSD - 1104. Concrete thrust Variable Watermain e Variable Slide type valve box with upper and lower section 600 — Drain hole Polyethylene covering Hydrant iI r1 CO to 150mm 19mm clear stone 900mm width = W.r^: I — - i - - - c 150mm A + 'f min ' 150mm valve 150mm die pipe Bedding as Concrete thrust specified Concrete support J block NOTES: A All concrete thrust blocks to be poured against undisturbed ground. B Bond breaker to be used between the concrete and the fittings and appurtenances. C Bolts and nuts for buried flange to flange connections are to be stainless steel. D Flange of standpipe extensions not to be in frost zone. E Al dimensions are in millimetres unless otherwise shown. 1 HYDRANT INSTALLATION---------- OPSD — 11 F Om 0.5m TEMPORARY RAMPING PLACED WHEN BASE COURSE ONLYIN __-- ASPHALT CONTRACT- EXISTING ASPHALT BASE COURSE ASPHALT REMOVE EXISTING ASPHALT LTO DEPTH OF SURFACE COURSE PRIOR TO PAVING SURFACE REMOVE RAMPING TEMPORARY PRIOR TO PLACING PAPER SURFACE COURSE JOINT MATERIAL ASPHALT JOINT DETAIL B MROSS FOR TRANSVERSE JOINTS .nym..., e.tm .....ND.. DATE I DRUM-D.L.A. I March 13, YDOS I C KD- D.L.A. N.T.S. _E No. MUN G. No. 202 1F H I 1J I _1 GATE VALVE TO BE LEFT IN PLACE AND INCLUDED IN TESTING, FLUSHING, DISINFECTION AND SWA881NG ITEM 111williM REPLACEMENT SECTION AFTER COMPLETION OF TESTING. FLUSHING AND DISINFECTION OPERATIONS TEMPORARY THRUST BLOCK SOLID SLEEVE OR SLEEVECAP BELL END : CAP NEW OR EXIST. GATE VALVE EXIST. GATEI VALVE (TYP) (SAMPLE TAP ALSO USED FOR CHLORINE INJECTION FILL LINE OR BY-PASS AND PRESSURE TESTING) CONNECTION (MINIMUM SIZE AS PER TABLE BELOW) L BACKFLOW PREVENTOR DEVICE UMIT OF PAYMENT (TO BE INCLUCED IN TESTING, FLUSHING, DISINFECTION AND SWABBING ITEM). PIPE DIAMETER FLOW REQUIRED TO PRODUCE 0 76m �s APPROX) VELOCfTY N MAIN SIZE OF TAP (mm) NUMBER OF OPEN 64mm HYDRANT OUTLETS 25 38 51 mm I/s NUMBER OF TAPS ON PIPES 100 6.3 1 — 1 150 12.6 — 200 25.2 — 2 1 1 250 37.9 — 3 2 1 300 56.8 — — 2 2 400 109.9 — — 1 4 2 �R®�S enpfnorinq bane eommunNas DATE D.LA SCALE LIARCH 22. 2002 CHKD—D.AR N.T.S. TEMPORARY WATERMAIN CONNECTION TYPICAL CONFIGURATION MUN 1101 IL