HomeMy WebLinkAbout08 037 Smith/Webster Reconstruction (Lavis Contracting Co Ltd) Tender Acceptance
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THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
BY-LAW
NO. 2008 - 037
BEING A BY-LAW TO ACCEPT A TENDER FOR THE RECONSTRUCTION OF
SMITH AND WEBSTER STREETS AND FOR THE CONSTRUCTION AND
REPAIR OF SIDEWALKS LOCATED ALONG THESE STREETS
(Lavis Contracting Co. Ltd.)
WHEREAS Section 44 of the Municipal Act, 2001, S.O. 2001, c.25, as amended,
provides that a municipality has jurisdiction over a highway or bridge shall keep it
in a state of repair that is reasonable in the circumstances;
AND WHEREAS Section 55 of the said Municipal Act provides that a lower-tier
municipality, in which highways are located, is responsible for the construction
and maintenance of the sidewalks and has jurisdiction over that part of the
highway;
AND WHEREAS pursuant to the said Municipal Act, Section 8 (1) and 9 provide
that the powers of a municipality under this or any other Act shall be interpreted
broadly so as to confer broad authority on the municipality to enable the
municipality to govern its affairs as it considers appropriate and to enhance the
municipality's ability to respond to municipal issues and has the capacity, rights,
powers and privileges of a natural person for the purpose of exercising its
authority under this or any other Act;
AND WHEREAS it has been determined that reconstruction of Smith and
Webster streets and the construction and repair of sidewalks along these streets
are required;
AND WHEREAS the Council for the Municipality of Kincardine deems it expedient
to accept the tender of Lavis Contracting Co. Ltd. for the reconstruction of Smith
and Webster streets and the construction and repair of sidewalks, in the amount
of $270,965.00, excluding gst,
NOW THEREFORE the Council for The Corporation of the Municipality of
Kincardine ENACTS as follows:
1. That the tender of Lavis Contracting Co. Ltd. for the reconstruction of Smith
and Webster streets and the construction and repair of sidewalks, in the
amount of $270,965.00, excluding gst, be hereby accepted.
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.
3.
This by-law shall come into full force and effect upon its final passage.
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SmithlWebster Reconstruction (Lavis Contracting Co. Ltd.) Tender Acceptance
By-law
By-law No. 2008 - 037
4.
This by-law may be cited as the "SmithlWebster Reconstruction (Lavis
Contracting Co. Ltd.) Tender Acceptance By-law".
READ a FIRST, and SECOND time this 19th day of March, 2008
~~
<21~ ~~cJ&
Clerk'
READ a THIRD time and FINALLY PASSED this 19th day of March, 2008.
or
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MUNICIPALITY OF KINCARDINE
SMITH STREET AND WEBSTER STREET - TIVERTON
CONTRACT NO. 07106-C
ADDENDUM NO.1
(1) Certificate of Approval
A Certificate of Approval from the Ontario Ministry of the Environment was
applied for on February 8, 2008 for Webster Street. Tenderers are advised that
construction will not be allowed to commence on Webster Street until a
Certificate of Approval is received by the Owner.
B. M. ROSS AND ASSOCIATES LIMITED
Consulting Engineers
62 North Street
Goderich, ON N7A 2T4
Phone: (519) 524-2641
Fax: (519) 524-4403
www.bmross.net
February 1, 2008
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MUNICIPALITY OF KINCARDINE
SMITH STREET AND WEBSTER STREET - TIVERTON
CONTRACT NO. 07106-C
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MUNICIPALITY OF KINCARDINE
SMITH STREET AND WEBSTER STREET - TIVERTON
CONTRACT NO. 07106-C
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Municipality of Kincardine
Smith Street and Webster Street - Tiverton
Contract No. 07106-C
INDEX TO CONTRACT DOCUMENTS
Description
Page
Addendum No.1
Cover
Information to Bidders
IB-1 - IB-12
Tender
Form of Tender
T-1 - T-7
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 to SP-15
Supplemental General Conditions
SGC-I
General Conditions -- OPSS.MUNI 100 Rev. Date: 11/2006
Form of Agreement
A-1-A-4
Municipality of Kincardine Corporate Statement
Occupational Health and Safety
Contract Release
Statutory Declaration re Payment of Accounts
Statutory Declaration re Liens and Liabilities
Standards
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I) Date and Place for Receiving Tenders
2) Tender Deposit
3) Submission of Tender
4) Clarification
5) Withdrawal of Tender
6) Disqualification of Tender
7) Form of Agreement
8) Competency of Bidders
9) Sub-Contractors
10) Tender Acceptance
II) Agreement to Bond and Performance Bond
12) Insurance
13) Completion Date and Liquidated Damages
14) Materials
15) Disposal and Use of Excavated Materials
16) Disposal of Waste Asphalt
17) Dust Control
18) First Aid Equipment
19) Taxes
20) Regulation of Pits and Quarries
21) Salvageable Material
22) Soils Investigation Report
23) Utility Pole Lines
24) Underground Utilities
25) Occupational Health and Safety Act
26) Contract Release
27) Use of Premises
28) Permit for Taking Water in Excess of 50,000 Litres Per Day
29) Hot Mix Plant - Environmental Protection Act
30) Restrictions on Open Burning
31) Night, Sunday, and Holiday Work
32) Absence of Engineer and Agent
33) Drainage
34) Bribery
35) Provisions for Traffic, Access, and Protection
36) Cold Weather Concrete
37) Falsework
38) Excess Loading of Motor Vehicles
39) Protection of Trees
40) Ontario Provincial Standards
4]) Guaranteed Maintenance
42) Garbage Collection and Blue Box Recycling
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INDEX TO INFORMATION TO BIDDERS (March 2002)
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!B-1
INFORMATION TO BIDDERS
I) DATE AND PLACE FOR RECEIVING TENDERS:
Tenders will be received by:
Jim O'Rourke, Public Works Manager
Municipality of Kincardine
1475 Concession 5, RR5
Kincardine, ON N2Z 2X6
until
12:00 noon, Friday, February 15,2008
as stated in the official tender call advertisement.
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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:
Fourteen Thousand Dollars ($14,000.00)
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.
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:
a) 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.
18-2
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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 exccpt 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".
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More than one tender from an individual, finn, 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.
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The accepted bidder may also be required to furnish a Clearance Cel1ificate 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 (I 00%) 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) GC 6.03.02.01 has been amended as follows:
General liability insurance and comnleted onerations coveral!e shall both be in the name of the
Contractor, with the Owner and the Contract Administrator named as additional insureds, both
with the limits of not less than five 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 $5,000. The form of this insurance shall be the Insurance Bureau of Canada Form
IBC2100.
d) GC 6.03.07.01 has been amended as follows:
The duration of each insurance policy, excludinl! comoleted onerations coveral!e, 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. Comoleted ooerations coveral!e shall be
maintained for six vears from the date of Final Acceotance.
e) All other insurance provisions of Section GC6 of the General Conditions shall apply.
3)
4)
6)
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13)
COMPLETION DATE AND LIQUIDATED DAMAGES:
a)
Time:
Time shall be the essence of this agreement.
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b) Progress of the Work and Time for Completion:
The Contractor shall complete this contract in its entirety by:
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June 30, 2008
If this time limit above specified is not sufficient to permit completion oflhe 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.
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If the Contractor is delayed in the completion of the work,
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2)
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by reason of changes or alterations made under Section GC3.] ] of the Genera] Conditions;
by reason of any breach of contract 01' prevention by the Owner or other Contractor of the Owner
or any employee of anyone of them;
by reason of delay by the Owner issuing instructions or information or in delivering materials;
by any other act or neglect of the Owner or any other Contractor of the Owner or any employee of
anyone of them;
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,
Epidemics, Quarantine Restrictions, Embargoes or delays of Sub-Contractors due to such causes,
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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.
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An application by the Contractor for an extension of time as herein provided shall be made to the Owner in
writing at least fifteen (] 5) days prior to the date of completion fixed by the contract. All bonds or other
surer; furnished to the OV\;ner by the Contractor shall b~ 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.
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IB-5
c) Liquidated Damages:
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 One Thousand Dollars ($1,000.00) per day for liquidated
damages for each and every calendar day's 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 ofthe prescribed date of completion.
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 illlmaterials 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.
lB-6
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 repOlt 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 rcpOlted. 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 specificd in the contract documents.
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 shOltages, errors or damage, and take charge of the materials at the
stockpile or storage site.
Where shortages or damage are not so reported b) 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:
If the Contractor has received materials from the Owner, or has caused materials to be delivered to 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 matcrial which is to be disposed of outside the
contract lim its.
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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.
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.
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" 01' hoth. 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 5% 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.
!B-3
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
a1' ! 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 reloeation 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.
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18-9
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.
28) PERMIT FOR TAKING WATER IN EXCESS OF 50,000 LITRES PER DAY:
Where the Contractor will require water in excess of 50,000 Iitres 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:
Any open burning must be in conformity with local municipal by-laws, regulations pursuant to The
Ontario Fire Code and the conditions noted below. Open burning which does not conform to these policies
may be in contravention of the Environmental Protection Act, RSO 1990.
I) 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 tires shall not be located within 150 m 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 m.
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.
18-10
10) Open fires shall not be located between Sta._ and Sta. _' Where open burning is prohibited
or impractical in specific areas of ,his contract, brush and debris may, as an alternative to burning,
be disposed of outside the right-ot: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 h is own expense.
31) NIGHT, SUNDAY, AND HOLIDAY WORK:
Night time or Sunday work sball not be permined, except in the case of emergency, and then only with the
wrinen 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.
32) ABSENCE OF ENGINEER AND AGENT:
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 anempt to bribe any officer or
servant of the Owner, the Owner shall be at Iibertv to cancel the contract forthwith or to direct the Engineer
to take the whole or any part of the works out of the hands ofthe Contractor. Bribery shall be considered
as non-fiJltihnent 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.
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!B-1 I
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
dlll'ing the period of use.
b) Rural Areas:
Ifrequired 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 ]enh>th and to the satisfaction of the Engineer.
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 tile 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.
Where applicable, the Contractor shall supply an adequate number of flagmen/women to direct traffic at all
times dlll'ing 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 fa]sework drawings shall bear the sea] 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
fa]sework; 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
(C.S.A.) latest revisions to standards CAN 086.] -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:
"Vehic]es hauling material being measured for payment by weight will be paid for the actual amount
of materia] hauled.
18-12
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"
39) 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, repaircd, refuelled, construction materials shall not be stored,
and eatth materials shall not be stockpiled with in the dripline area of any tree not designated for removal.
Where the contract requires work \I ithin the dripline of trees, operation ofequipment shall be kept to the
minimum necessary to perform the work required. Within five calendar days of any damaged that may
occur, branches 25 mm 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 oftree.
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:
.2...% of the value of the work will be retained for a period of J 2 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.
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T-l
FORM OF TENDER
Municipality of Kincardine
Smith Street and Webster Street - Tiverton
Contract No. 07106-C
Tender by
Lavis Contracting Co. Limited
residing at
R. R. #2
Clinton, Ontario NOM 1LO
a company duly incorporated under the laws of
Ontario
and having its head office at
R. R. #2 Clinton. Ontario NOM 1LO
hereinafter called the "Bidder"
To -- 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 1 to I * 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 furnish all labour,
materials, tools, plant, matters and things necessary therefor, complete and ready for use within the time
specified for the sum of
Two Hundred and Eighty Four Thousand, Five Hundred and Thirteen Dollars and Twenty Five Cents
($284,513.25)
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.
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THE AFORESAID SUM IS MADE UP AS FOLLOWS:
I SCHEDULE OF ITEMS AND PRICES
I Item Spec. # Description Qty.lUnit Price Amount
PART 1 - SMITH STREET
I ROADWORK
I 1 206,SP Earth excavation 375 m3 12.40 4,650.00
I 2 314,351 Granular "A" 500 t 9.00 4,500.00
SP
I 3 314,SP Granular "B" 475 t 9.00 4,275.00
I 4 310,SP Hot Mix HL-4 340 t 83.00 28,220.00
5 310,SP Hot Mix Miscellaneous 20 m2 25.75 515.00
I
2
6 301, SP Restoring roadway surfaces 2675 m 2.15 5,751.25
I 7 330,510, Full depth asphalt removal 2630 m2 2.70 7,101.00
SP
I 2
8 510,SP Removal of bituminous pavement 60 m 2.70 162.00
I 9 408,SP Adjust existing maintenance holes, 7 Ea. 280.00 1,960.00
catch basins and inline catch basins
I 10 353,SP Concrete curb and gutter (all types) 740 m 42.40 31,376.00
I II 510,SP Removal of concrete sidewalk and 60 m 2 23.00 1,380.00
drives
I 12 351, SP Place concrete sidewalk and drives 50 m2 47.00 2,350.00
I 13 570,SP Topsoil (imported) 1200 m 2 5.80 6,960.00
I 14 571, SP Sodding (nursery, unstaked) 1200 m 2 4.65 5,580.00
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I Item Spec. # Description Qty.lUnit Price Amount
I 15 572,SP N/A
I Sub-total Roadwork-- 104,780.25
I STORM SEWERS
16 410,507, Supply, excavate for and place storm
I SP pipe sewers including bedding and
granular backfill
I a) 100 mm PYC SDR-28 or equivalent 3m 100.00 300.00
b) 300 mm CL-3 concrete or equivalent 21 m 185.00 3,885.00
I c) 38 mm dia. PE sump pump drains 3m 100.00 300.00
Supply, excavate for, place and
17 407,516,
I SP backfill catch basins and/or twin inlet
catch basins, including frames and grates
I a) 600 mm x 600 mm (OPSD 705.010) I Ea. 1,400.00 1,400.00
b) 600 mm x 1450 mm (OPSD 705.020) 1 Ea. 2,360.00 2,360.00
I 18 407,516, Relocate existing catch basins and 3 Ea. 500.00 1,500.00
SP inline catch basins
I 19 410, SP Supply, excavate for, place and
backfill inline drain catch basins
I a) 300 mm dia. 1 Ea. 780.00 780.00
I 20 - 21 N/A
I Sub-total Storm Sewers -- 10,525.00
Total Part 1 -- 115,305.25
I PART 2 - WEBSTER STREET
I ROADWORK
I 1 206,SP Earth excavation 150m 3 8.50 1,275.00
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Item Spec. # Description Qty.lUnit Price Amount
I 2 314,351 Granular "A" 250 t 9.00 2,250.00
SP
I 3 314, SP Granular "S" 200 t 9.00 1,800.00
I 4 310, SP Hot Mix HL-4 100 t 85.00 8,500.00
I 5 310, SP Hot Mix Miscellaneous 90 m2 25.75 2,317.50
6 301, SP Restoring roadway surfaces 810m 2 2.75 2,227.50
I
810 m2
7 330,510, Full depth asphalt removal 2.50 2,025.00
I SP
8 510, SP Removal of bituminous pavement 90 m2 2.50 225.00
I 9 408, SP Adjust existing maintenance holes, 4 Ea. 320.00 1,280.00
I catch basins and inline catch basins
10 353, SP Concrete curb and gutter (all types) 270 m 42.40 11,448.00
I 11 510, SP Removal of concrete sidewalk and 45 m2 20.00 900.00
I drives
12 351, SP Place concrete sidewalk and drives 50 m 2 44.00 2,200.00
I 13 570,SP Topsoil (imported) 450 m 2 5.80 2,610.00
I 14 571, SP Sodding (nursery, unstaked) 450 m 2 4.65 2,092.50
I IS N/A
Sub-total Roadwork-- 41,150.50
I STORM SEWERS
I 16 410,507, Supply, excavate for and place storm
SP pipe sewers including bedding and
I granular backfill
a) 300 mm CL-3 concrete or equivalent 125.5 m 135.00 16,942.50
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I Item Spec. #
Description Qty./Unit Price Amount
I 17 407,516, Supply, excavate for, place and
SP backfill catch basins, including
I frames and grates
I a) 600 mm x 600 mm (OPSD 705.010) 2 Ea. 1,550.00 3,100.00
18 - 19 N/A
I 20 407,516 Supply, excavate for, place and
SP backfill precast maintenance holes and
I maintenance hole catchbasins
including frame and grates
I a) 1200 mm manhole (701.010) 1 Ea. 2,475.00 2,475.00
I 21 SP Supply, excavate for and place
PVC SDR-28 storm service pipe
including bedding, granular backfill
I and restoration beyond the general
grading operations
I a) 100 mm dia. 73 m 150.00 10,950.00
I Sub-total Storm Sewers -- 33,467.50
Total Part 2 -- 74,618.00
I PART 3 - KING STREET SIDEWALK
I ROADWORK
I I 206,SP Earth excavation including grading 70 m] 20.00 1,400.00
2 314,SP Granular "A" 100 t 25.00 2,500.00
I 351
I 3-4 N/A
5 310,SP Hot Mix Miscellaneous 200 m 2 26.00 5,200.00
I 6 -11 N/A
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I Item Spec. # Description Qty.!Unit Price Amount
I 12 351, SP Place concrete sidewalk and drives 255 m 2 41.00 10,455.00
I 13 570,SP Topsoil (imported) 340 m 2 5.80 1,972.00
14 N/A
I 15 572,SP Seed 340 m2 2.50 850.00
I Sub-total Roadwork -- 22,377.00
I STORM SEWERS
16 - 21 N/A
I Total Part 3 -- 22,377.00
I PART 4 - SIDEWALK REPAIRS - VARIOUS LOCA nONS IN KINCARDINE
I ROADWORK
1-4 N/A
I 5 310,SP Hot Mix Miscellaneous (Provisional) 25 m 2 25.00 625.00
I 6 - 10 N/A
I 11 510, SP Removal of concrete sidewalk and 300 m2 19.00 5,700.00
drives
I 12 351, SP Place concrete sidewalk and drives 300 m2 78.00 23,400.00
including topsoil and sod restoration
and Granular 'A'
I 13 - 15 N/A
I Sub-total Roadwork -- 29,725.00
I STORM SEWERS
16 - 21 N/A
I Total Part 4 -- 29,725.00
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Item Spec. # Description Qty.!Unit Price Amount
MISCELLANEOUS ITEMS (INCLUSIVE TO ALL PARTS)
22 543,SP Traffic control I L.S. 6,200.00
23 SP Cost of 100% Performance Bond I L.S. 1,450.00
and cost of insurance
24 SP Contingency Allowance 1 L.S. 15,000.00
25 SP Lump sum to cover all other I L.S. 5,289.75
requirements of the contract not
specifically covered by or related to
the preceding items
26 353,SP Concrete spillway OPSD 605.010 4 Ea. 250.00 1,000.00
Sub-total Miscellaneous Items -- 28,939.75
Total Part I --
Total Part 2 --
Total Part 3 --
Total Part 4 --
Total Miscellaneous Items --
115,305.25
74,618.00
22,377.00
29,725.00
28,939.75
Sub-Total
270,965.00
5% GST
13,548.25
TOTAL TENDER
284,513.25
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T-A
STANDARD TENDER REQUIREMENTS
I/We agree to complete the work within the time specified in the Information to Bidders.
I/We also agree that this Tender is subject to a formal contract being prepared and executed.
I/We also agree that the Municipality shall have the option of:
Deleting any Part or Parts shown in the Tender.
In submitting this Tender for the work, the Tenderer further declares:
(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 Councilor 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, RSO 1990";
(d) That the offer shown in the Schedule ofItems 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;
T-A Parts, doc
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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 indemnity 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 Company of North America
a company lawfully doing business in the Province of Ontario, to furnish a Performance Bond in
the amount equal to 100% of the contract price, is enclosed herewith.
A certified cheque for the sum of Fourteen Thousand Dollars
($14,000.00) is attached hereto.
DATED AT R.R. #2 Clinton this
Fifteenth (1 5th)
day of
February
,20 08
Al Gardner (Signed)
Gordon J Lavis (Signed and 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.
07106-T-B P Bond only.doc
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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
I.
Curb & Sidewalk
Leo Nicholson Concrete, Stratford
2.
3.
4.
5.
6.
7.
8.
9.
10.
II.
12.
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AGREEMENT TO BOND
**
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 refelTed 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.
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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 ($
)
oflawful 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
20
day of
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 indemniry and keep
indemnified the Obligee from and against all and any manner ofloss, 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.
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Performance Bond
Page 2
Provided further and it is hereby agreed and declared that there shall be no liability under this
instrument ofthe Principal and Surety for payment of any claims for labour, material 01' 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, 01' 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.
SIGNED AND SEALED BY THE PRINCIPAL )
) Per:
In the presence of: )
) Per:
) Principal
Witness )
)
Occupation )
)
Address ) Surety
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II
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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, Smith Street
and Webster Street in Tiverton, Contract No. 071 06-C.
A. SPECIAL PROVISIONS - Pages SP-I toSP-15
B. PLANS - Drawing Nos. I - 4
C. INFORMATION TO BIDDERS - Pages IB-I 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.
206 - Nov/OO 330 - May/94 407 - Nov/07 506 - Nov/05 543 - Dec/90
301 - Nov/03 351 - Nov/05 408 - Nov/07 507 - Nov/05 570 - Nov/07
310 - Nov/04 353 - Nov/06 410 - Nov/06 510 - Nov/06 571 - Nov/07
314 - Nov/04 501 - Nov/OS 516 - Nov/05 572 - Nov/03
E. STANDARD DRAWINGS
310.010 400.110 701.010 802.010 1006.010 BMROSS
310.030 600.040 705.010 802.030 1006.020 208
351.010 605.010 705.020 802.031 700
802.032 702
Figure 1 - King St.
F. FORM OF TENDER
G. SUPPLEMENTAL GENERAL CONDITIONS - SGC-l
H. GENERAL CONDITIONS - OPSS.MUNI 100 Rev. Date: 11/2006
I. AGREEMENT
J. PERFORMANCE BOND
K. CONTRACT RELEASE
L. STATUTORY DECLARATION RE PAYMENT OF ACCOUNTS
M. STATUTORY DECLARATION RE LIENS AND LIABILITIES
SNOISIAOlId ~VI::>3dS
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INDEX TO SPECIAL PROVISIONS
Disposal of Surplus Material.....................................................................SP-I
Restoration................. ............... ..... .................. .......................................... SP-I
Coordination of Work by Others ...............................................................SP-2
Item No. I Earth Excavation.........................................................................................SP-2
Item Nos. 2 & 3 Granular "A" and Granular "B" ..................................................................SP-3
Item Nos. 4 & 5 Hot Mix HL-4, and Hot Mix Miscellaneous ...............................................SP-3
Item No.6 Restoring Roadway Surfaces.......................................................................SP-6
Item No.7 Full Depth Asphalt Removal.......................................................................SP-6
Item No.8 Removal of Bituminous Pavement..............................................................SP-6
Item No.9 Adjust Existing Maintenance Holes and Catch Basins to Grade ................SP-7
Item No. 10 Concrete Curb and Gutter (All Types) ........................................................SP-7
Item No. II Removal of Concrete Sidewalk and Drives ................................................SP-7
Item No. 12 Place Concrete Sidewalk and Drives...........................................................SP-8
Item No. 13 Topsoil (Imported) ......................................................................................SP-8
Item No. 14 Sodding (Nursery, Unstaked)......................................................................SP-8
Item No. 15 Seeding and Mulching.................................................................................SP-8
Item No. 16 Supply, Excavate for, Place and Backfill Storm Pipe Sewers.....................SP-9
Item No. 17 Supply, Excavate for, Place and Backfill 600 mm x 600 mm
Catch Basins (705.010),600 mm x 1450 mm Twin Inlet
Catch Basins (705.020), Including Frame and Grates...............................SP-11
Item No. 18 Relocate Existing Catch Basins.................................................................SP-11
Item No. 19 Supply, Excavate for, Place and Backfill Inline Drain Catch Basins........SP-12
Item No. 20 Supply, Excavate for, Place and Backfill 1200 mm, Precast
Maintenance Holes and Maintenance Hole-Catch Basins,
OPSD 701.010, including Frames and Grates...........................................SP-12
Item No. 21 Installation of Storm Services ...................................................................SP-13
Item No. 22 Traffic Control...........................................................................................SP-13
Item No. 23 Bonding and Insurance..............................................................................SP-14
Item No. 24 Contingencies ............................................................................................SP-14
Item No. 25 Lump Sum for Other Requirements ..........................................................SP-14
Item No. 26 Concrete Spillway .....................................................................................SP-15
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SP-I
GENERAL
DISPOSAL OF SURPLUS MATERIALS
All excavated material shall become the property of the Contractor, and the Contractor's unit
price bid for the item shall include the cost of loading, hauling, dumping and levelling the
material as directed by the Engineer. The Contractor's management of excess materials shall
be in accordance with OPSS ]80.
I. Earth material shall be disposed of by the Contractor, outside the contract limits.
2. Asphalt shall be disposed of by the Contractor, at an approved site outside the contract
limits.
3. Concrete shall be disposed of by the Contractor outside the contract limits.
RESTORATION
When noted in the Form of Tender or identified in the Special Provision, the unit price bid for
the appropriate item(s) shall include complete restoration. All restoration shall be as noted
below in the General Restoration Requirements.
Restoration Bevond the Limits of General Grading Operations
When noted in the Form of Tender or identified in the Special Provisions, the unit price bid for
the appropriate item(s) shall include restoration beyond the general grading operations. Contract
items are provided for the restoration of work within the general grading operations. Restoration
of areas beyond the general grading operations shall be included in the unit price of the item.
Areas beyond the general grading operations include, but are not limited to, stockpile locations,
areas disturbed by equipment or material storage sites or service connections. All restoration
shall be as noted below in the General Restoration Requirements.
General Restoration Requirements
All restoration shall be in accordance with OPSS 507 and the following:
(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-roadwav areas -- 100 mm of approved topsoil levelled and graded to
conform to the existing ground, followed by an approved seed and mulch application.
(c) Where existing roadway/driveway is paved -- 300 mm minimum of Granular "8",
150 mm of Granular "A", and 50 mm ofHL-3 in driveways, or 2-40 mm lifts ofHL-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 steppedjoint 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".
SP-2
( e) Where existing driveway is concrete -- 300 mm minimum of Granular "B" and 150 mm
of Granular nA n; for residential drives -- 150 mm oDO MPa concrete with crushed
limestone; and for commercial drives -- 200 m111 of 30 MPa concrete with crushed
limestone.
(I) Where existing driveway is brick or unit pavers - 300 m111 minimum of Granular "8" and
150 mm of Granular "N' and 25 111m to 38 mm of limestone screening and match existing
patterns.
(g) All disturbed or damaged concrete structures, such as sidewalks, curbs and gutter, etc.,
shall be removed and replaced.
(h) Prior to the expiration of the maintenance holdback, the contractor shall repair all
settlements. Settlements of lawns, non-lawns or non-roadway areas shall be restored by
applying sufficient topsoil to the settled area followed by an application of approved seed
and mulch. Asphalt settlements shall be restored by milling the deticient area followed
by the placement Hot Mix Asphalt (HMA). All repairs shall be in accordance with OPSS
570, OPSS 572, and OPSS 310.
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.
CO-ORDINATION OF WORK BY OTHERS
The Contractor will co-ordinate his work with local utility companies for the installation of new
underground ducts. When it is impossible to be working in the area at the same time, a barrier
will have to be maintained to have separation in time and space between the contractor and the
utility company. Where necessary, the contractor shall move the operation to another part of the
contract and give the utility sufficient time to complete any work deemed necessary at that time
during the contract.
ITEM NO. I
EARTH EXCA V A TION
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.
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SP-3
The Contractor may be required to salvage existing granular material to be used as
granular backfill to the roadbed and placed as directed by thc 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 sutticient time after the road excavation is completed
to do any work necessary regarding utilities before any granular backfill is placed.
The Contractor shall restore each block for trattic 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. 2 & 3
GRANULAR "A" AND GRANULAR "B"
For the unit price bid, the Contractor shall supply to the site, place, fine grade and compact
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. 4 & 5
HOT MIX HL-4 AND HOT MIX MISCELLANEOUS
General
For the unit price bid, the Contractor shall supply all labour, equipment and materials, for the
execution of paving work in accordance with OPSS 310 for Marshall mixes of Hot Mix Asphalt
(HMA).
The Contractor's unit price bid for this item shall also include all ramping, transverse joints,
andlor removal of all transverse joints as directed by the Engineer.
If applicable, tack coating will be included and paid as a separate item in the contract.
All asphalt plant operations shall comply with 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.
Materials
Performance graded asphalt cement shall be PG 58-28. The Performance Graded Asphalt
Cement (PGAC) will conform to OPSS 110 I for the specified grade.
SP-4
Equipment
OPSS 310 is amended in that automatic screed controls are not required. No surface trial coat
area shall be required under this contract.
Construction
· Asphalt cement sampling and testing is not a requirement of the contract.
· The contractor is responsible for all Quality Control (Qe) testing. The QC documentation
shall be made available to the Engineer upon request.
· Quality control testing are to be used for acceptance in place of Quality Assurance test
results.
· 450 mm stepped joints are required when placing HMA adjacent to existing paved areas with
an existing asphalt depth of 1 00 mm or more.
· Hot Mix Asphalt padding shall be placed prior to placing the surface course of asphalt. The
tonnage required for HMA padding will be included with the appropriate HMA item.
OPSS 3 I 0.07. 11.04 Longitudinal and Transverse Joints is amended as follows:
b. Where a surface course is placed flush against an existing HMA 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 BMROSS 208). Removal of existing surface course shall be by means of
burning out or a milling machine.
Hot Mix Miscellaneous
The Contractor shall also take note that he is to pave designated drives, boulevards and areas
behind the curb as directed by the engineer. This hand laid asphalt will only apply to areas that,
in the opinion of the Engineer, do not permit the operation ofa 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.
Hot Mix Price Adjustment
Payment to the Contractor for Hot Mix to be based on changes to the Ministry of
Transportation's performance graded asphalt cement price index as presented herein. The price
index will be published monthly in the MTO Contract Bulletin and displayed on the OHMPA
(www.ohmpa.org) and MTO web sides (www.raqs.mto.gov.on.ca). The price index will be used
to calculate the amount of the payment adjustment per tonne of new asphalt cement accepted into
the Work.
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SP-5
The price index will be based on the price, excluding taxes, FOB the depots in the Toronto area,
of asphalt cement grade PG 58-28 or equivalent. One index will be used to establish and
calculate the payment adjustment for all grades. The price index for each month will reflect the
previous month's prices.
A payment adjustment per tonne of new asphalt cement will be established for each month in
which paving occurs when the price index for the month differs by more than $15 .00/tonne from
the price index for the month in which the tender was awarded. When the price index
ditferential is less than $15.00/tonne, there will be no payment adjustment for that month.
Payment adjustments due to changes in the price index are independent of any other payment
adjustments made to the hot mix tender items.
The payment adjustment per tonne will apply to the quantity of new asphalt cement in the hot
mix accepted into the Work during the month for which it is established. The payment
adjustment for the month will be calculated by the following means:
1. When AC Prices are Rising by more than a $15.00/tonne difference: the payment
adjustment to be paid to the Contractor is the result of subtracting the price index in efTect
when the tender was awarded from the price index in etTect when paving took place, minus
the $15.00 float, multiplied by the number oftonnes ofPGAC incorporated in the mixes)
as determined by the average of field test results. If the answer is negative, no
adjustment is made.
2. When AC Prices are Falling by more than $15 .00/tonne difference: the payment
adjustment made in favour of the Owner is the result of subtracting the price index in
effect when paving took place, plus $15.00, from the price index when the tender was
awarded multiplied by the number oftonnes of PGAC incorporated in the mixes) as
determined by the average of field test results.
3. When Paving Occurs After the Date of Completion: The price index for the month of
completion shall be used when determining the payment adjustment should the paving be
performed atier the specified completion date. The calculations used in determining the
payment, regardless ofrising AC prices or falling AC prices, shall be as indicated above.
The quantity of new asphalt cement includes all grades of asphalt cement supplied by the
Contractor with and without polymer modifiers. For each month in which a payment adjustment
has been established, the quantity will be calculated using the hot mix quantity accepted into the
Work and its corresponding asphalt cement content as required by the job mix formula except for
mixes which contain reclaimed asphalt pavement.
For mixes which contain reclaimed asphalt pavement, the quantity of new asphalt cement will be
determined from the difference between the asphalt cement content required by the job mix
fonnula and the asphalt cement content of the reclaimed asphalt pavement incorporated into the
hot mix, as calculated by the Contract Administrator.
SP-6
Example 1 - AC Prices Increasing
. PGAC 58-28 specified, 3,000 tonnes of H L3 @ 5.20% AC (156.0 tonnes AC)
. Price Index on April 5''', 2000 on tender closing $290/tonne (PG 58-28)
. Price Index on August 17'''-24'''.2000 actual paving dates - $325/tonne (PG 58-28)
. Payment adjustment to be paid to the Contractor:
($325 - $15) - 5290 x 156 lOnnes AC = $20 x 156 tonnes AC ~ $3,120.00
Example 2 - AC Prices Decreasing
. PGAC 58-28 specified, 4,500 tonnes ofHL8 @4.6% AC (207.0 tonnes AC)
. Price Index on April 5''',2000 on tender closing <;290/tonne (PG 58-28)
. Price Index on October 11'''-18''',2000 actual paving dates - $245/tonne (PG 58-28)
. Payment adjustment for hot mix items reduced by:
$290 - ($245 + $15) x 207 tonnes of AC + $30 x 207 tonnes AC + $6,210
Notes:
. Contractors should bid the hot mix asphalt item using the cost of the PGAC
specified. The AC Price Index is only a tool for qualifying hot mix prices and is not
intended as a standard AC price to be incorporated into the contract bid,
· The payment adjustment calculated using this formula is full compensation for any
and all PGAC grades specified.
. If the AC index has not changed more than $15.00 per tonne up or down, no
adjustment is required. Only the amount of the change that is greater than $15.00 is
used to calculate payment adjustments,
ITEM NO.6
RESTORING ROADWAY SURFACES
For the unit price bid, the Contractor shall fine grade the existing roadway surfaces and include
water required for compaction and calcium for dust suppression. The Contractor shall fine grade
and compact the roadway as directed by the Engineer at the time of construction.
ITEM NO.7
FULL DEPTH ASPHALT REMOVAL
For the unit price bid, the Contractor shall remove the existing bituminous pavement or pulverize
to a minimum depth of 150 mm and shall ensure that 100% of the mixed material by mass passes
the 50 mm sieve or 95% passes the 37.5 mm sieve,
Payment for the unit price bid shall include all labour, materials and equipment required.
ITEM NO.8
REMOVAL OF BITUMINOUS PAVEMENT
For the unit price bid, the Contractor shall supply all labour and equipment to remove and
dispose of bituminous pavement from those areas shown on the drawings or as directed by the
Engineer at the time of construction. This item will only be used for removal of asphalt where
the earth excavation item is not applicable and will include saw-cutting, if required.
Disposal of asphalt shall be as outlined under the General SP- Disposal of Surplus Materials.
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SP-7
ITEM NO.9
ADJUST EXISTING MAINTENANCE HOLES, CATCH BASINS TO GRADE AND
INLINE CATCH BASIN
For the unit price bid, the Contractor shall supply all labour, equipment and material to adjust the
designated maintenance holes or catch basins to the grade established by the Engineer at the time
of construction. The frames and grates shall be adjusted by removing or placing additional
precast concrete adjustment units or a PVC pipe for vertical extension of the inline catch
basin. The precast adjustment units 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. All work shall be
carried out to the satisfaction of the Engineer.
Adjustment
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.
ITEM NO. 10
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. 11
REMOVAL OF CONCRETE SIDEWALK AND DRIVES
For the unit price bid, the Contractor shall supply all labour, equipment and material to remove
the concrete sidewalks and drives as indicated on the contract drawings or as directed by the
Engineer at the time of construction.
When the existing sidewalk or drive is to be replaced as indicated on the contract drawings, the
unit price bid shall also include the removal of an additional125mm (min) of any non-granular
material under the existing concrete. This additional depth is required for the placement of the
Granular "A" base for the new concrete.
The unit price bid shall include the saw cutting of existing concrete sidewalk or drive 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 shall be disposed of as outlined under the General SP - Disposal
of Surplus Materials.
SP-8
ITEM NO. 12
PLAC E 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:
351.05.01
- Concrete - coarse aggregate shall be crushed limestone and the mix design shall
be submitted to the Engineer for approval.
Granular - the granular material shall be Granular "A".
- Granular Base - the placement depth of Granular "A" shall be 125 mm
minimum or to the same depth as the sidewalk or drive.
Joints, all longitudinal and transverse joints shall be saw cut contraction
joints in the hardened concrete within a sufficient time of placing the sidewalk.
Basis of Payment - Granular "A" shall be paid under the item Granular "A" as
specified in OPSS 314.
351.05.04
351.07.02.02
351.07. I 0
351.10
ITEM NO. 13
TOPSOIL (IMPORTED)
For the unit price bid. the Contractor shall tine 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 qualitv. subiect to the Engineer's anprovaI. 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. 14
SODDING (NURSERY, UNST AKED)
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. I Bluegrass Fescue Sod and shall be cut to a minimum thickness of 19 mm.
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.
ITEM NO. 15
SEEDING AND MULCHING
For the unit price bid, the Contractor shall supply all material, equipment and labour to place the
fertilizer, seeding and mulching.
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SP-9
All material and construction procedures shall be in accordance with OPSS 572. Cover material
shall be Straw Mulch or Hydraulic Mulch, unless defined elsewhere in the contract.
The seed shall be top quality standard roadside mix, consisting of the following:
Creeping Red Fescue 55%
Canadian Bluegrass 27%
Perennial Ryegrass 15%
White Clover 3%
The rate of application for the seed shall be one kilogram per] 00 square metres. The Contractor
shall guarantee a catch of grass and will be responsible for all reseeding if necessary.
ITEM NO. 16
SUPPLY, EXCA VA TE FOR, PLACE AND BACKFILL STORM PIPE SEWERS
For the unit price bid, the Contractor shall supply all labour, equipment and materials for the
complete installation and testing ofthe storm sewers as indicated on the contract drawings. The
sizes of the sewers as well as the backfill material are as noted on the Form of Tender and on the
contract drawing.
Pipe Material
OPSS 4] 0.05 materials is amended to accept the following pipe material for storm sewers:
(a) Concrete Sewer Pipe (Rigid)
- ]50 mm to 375 mm Class 3
- 375 mm 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 ] 82.6
- ] 50 mm to 600 mm
- smooth inner wall, annular corrugated profile (320 kPa), ] 5 PSI bell and spigot joints
shall have elastomeric gaskets (CSA certified to B ] 82.6).
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.
Bedding and Backfill
Bedding shall be Class B as per OPSD 802.030, 802.03], 802.032, 802.033 or 802.034 for rigid
pipe and whichever soil type is applicable.
SP-IO
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 mOl 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 shaJl be included in the unit price bid
of sewer.
Field Testing
All def1ection testing of sewers as per OPSS 410.07.16 shall be included in the unit price bid if
using PYC 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 compaetion 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, watelmains, or
minor structures encountered in the trench excavation.
Removing Existing Storm Sewer
The unit price bid shall include the eost 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.
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.
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Sp.ll
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.
ITEM NO. 17
SUPPLY, EXCA V A TE FOR, PLACE AND BACKFILL 600 mm x 600 mm
CATCH BASINS (705.010),600 mm x 1450 mm TWIN INLET CATCH BASINS
(705.020), INCLUDING FRAME AND GRATES
For the unit price bid, the Contractor shall supply all labour, equipment and materials for the
complete installation of the structures as indicated on the contract drawings. The sizes of the
structures are as noted on the Form of Tender and on the contract drawing.
The contractor shall excavate to the required grade, supply the necessary granular bedding and
backfill and compact the material in accordance with OPSS 516.
The unit price bid shall also include the supply and placing of catch basin frames and grates in
accordance with OpSD 400.110 and the cost of connecting new basins to existing sewers as
directed at the time of construction.
Compaction around catch basins shall be done using a "Hoepac" type compaction unit.
Payment for the structure shall be 80% of the unit price for the installation and I 00% of unit
price upon completion of parging and removal of debris from the bottom of the structure.
When the surface course of asphalt is to be placed at a later date, the unit price bid shall also
include ramping of the structure and the installation of50mm diameter PVC drains as per
BMROSS Standard Drawing 702.
ITEM NO. 18
RELOCATE EXISTING CATCH BASINS AND INLINE CATCH BASINS
For the unit price bid, the Contractor shall supply all labour, equipment and materials for the
complete"relocation of the structure identified on the contract drawings. The contractor shall
excavate to the required grade, supply the necessary bedding and backfill, compact the material
and make the connection to existing storm sewer outlet in accordance with OPSS 407, OPSS 516
and OpSD 705.010.
Sewers to be abandoned shall be abandoned as outlined in OPSS 510 and as directed by the
Engineer. The cost of this work is to be included in the Contractor's unit price bid for this item.
SP-12
ITEM NO. 19
SUPPLY, EXCA VA TE FOR, PLACE AND BACKFILL IN LINE DRAIN
CATCH BASINS
For the unit price bid, the Contractor shall carry out all excavation, bedding and backfill, supply
all material and labour required to complete the construction of inline drain catch basins in
accordance with the standard drawings for inline drain catch basins in the sizes noted in the Form
of Tender and on the drawings.
The unit price bid shall include all costs of connecting the inline drain catch basins to existing
sewers as directed or as shown on the drawings.
ITEM NO. 20
SUPPLY, EXCA V A TE FOR, PLACE AND BACKFILL 1200 mm PRECAST
MAINTENANCE HOLES AND MAINTENANCE HOLE-CATCH BASINS, OPSD
701.010, INCLUDING FRAMES AND GRATES
For the unit price bid, the Contractor shall supply all labour, equipment and materials for the
complete installation of the structures. The sizes of the structures are as noted on the Form of
Tender and on the contract drawing.
The Contractor shall excavate to the required grade, supply the necessary granular bedding and
backfill and compact the material in accordance with OPSS 516.
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.
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.
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. Prior to the commencement of
work, the Engineer shall approve the method proposed by the contractor for maintaining flow.
Compaction around maintenance holes shall be done using a "Hoepac" type of compaction
unit.
Payment for the structure shall be 80% of the unit price for the installation and I 00% of unit
price upon completion of parging, removal of debris from the bottom of the structure and
benching when applicable.
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SP-13
ITEM NO. 21
INSTALLATION OF STORM SERVICES
Pipe Material
Pipe material for private drain connections shall be polyvinyl chloride (P.V.C.) SDR-28.
The unit price bid shall include the cost of the main line service tee and end cap required for each
service.
Bedding and Backfill
Bedding and cover shall be as per OPSD 1006.010 for rigid main pipe sewer and OPSD
1006.020 for flexible main pipe sewer. Backfill shall be as noted on the Form of Tender.
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.
Installation of Services
For the unit price bid, the Contractor shall include the cost of connecting to existing sanitary
services with the approved fittings and material to make the connection (Fernco or equivalent).
The unit price bid shall include all restoration outside the limits of the grading operations of the
road reconstruction part of the project, when applicable.
All services to vacant lots shall include an end cap and the ends of all services shall be marked
by a 50 mm x 100 mm wood post extending from the service to 300 mm above the surface of the
ground with the top section painted fluorescent green. The post shall be supplied and placed by
the Contractor.
Restoration
Restoration shall be as outlined under General SP - Restoration.
ITEM NO. 22
TRAFFIC CONTROL
For the unit price bid, the Contractor shall include the cost of traffic control as specified below
and in accordance with OPSS 543.
The Contractor shall prepare and submit a traffic plan to the Project Engineer for review and
acceptance.
Payment under this item will be made proportional to completion of the entire project.
SP-14
General
In 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 all times of construction, a minimum of one lane for traffic shall be open and maintained
using appropriate traffic control measures and signage.
. At the end of each working day, two lane traffic, controlled by barricades, delineators, etc.,
shall be maintained. Entrances to commercial establishments shall be maintained.
Restrictions on Construction Operations
Construction operations adversely affecting public traffic and the loading or unloading of
materials and construction equipment onto and from the travelled portion of the road shall not be
carried out during the following periods:
. 4:00 p.m. Friday to 7:00 a.m. Monday, for normal weekends
. All Canadian statutory holidays.
ITEM NO. 23
BONDING AND INSURANCE
For the unit price bid, the Contractor shall include the cost of bonding and insurance as specified
in the Information to Bidders and the General Conditions of Contract. Payment under this item
will be made with the first payment certificate.
ITEM NO. 24
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. 25
LUMP SUM FOR OTHER REQUIREMENTS
For the unit price bid, the Contractor shall enter an amount for additional labour, equipment or
material required to complete the contract but not specifically covered by or related to the other
items in the Schedule ofItems and Prices.
The unit price bid may include, but are not limited to, the following: watchmen, on-site
washroom facilities, permits and approvals (other than those to be paid for by the Owner) or
acquiring the services of the local operating authorities.
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.
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SP-I5
The submission by a tenderer of an unbalanced price for this item renders the tender liable to
disqualification.
ITEM NO. 26
CONCRETE SPILLWAY
For the unit price bid, the Contractor shall excavate to the required line and grade, or as directed
by the Engineer. All excavated material shall be disposed of as outlined under the General SP -
Disposal of Surplus Materials. The Contractor shall supply all labour, equipment, and materials
to construct the concrete spillways as per OPSD 605.010.
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1.0
2.0
SGC-l
SUPPLEMENTAL GENERAL CONDITIONS
The following items shall supplement the OPS General Conditions of Contract, latest edition.
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
k) Working Drawings
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
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ONTARIO PROVINCIAL STANDARDS
FOR
ROADS AND PUBLIC WORKS
GENERAL CONDITIONS OF CONTRACT
NOVEMBER 2006
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<<~:"'s'"i~~~
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Ontario Provincial Standards
for
Roads and Public Works
METRIC
OPSS.MUNI100
November 2006
OPS GENERAL CONDITIONS OF CONTRACT
Table of Contents
SECTION GC 1.0 - INTERPRETATION
GC 1.01
Captions ..... ....... ................. .................................... .................................... ........... 6
GC 1.02
GC 1.03
Abbreviations .................
............6
Gender and Singular References .......................................................... ...............6
GC 1.04
GC 1.05
GC 1.06
Definitions........................................ ..... ......... ........................................................ 6
Substantial Performance............ ...................... ....... ........................................ ..... 11
Completion. .......... ............ ............................................. ....................................... 11
GC1.07
Final Acceptance ................................................................................................. 11
GC 1.08
Interpretation of Certain Words.............................................................. .............11
SECTION GC 2.0 - CONTRACT DOCUMENTS
GC2.01
Reliance on Contract Documents........................................................................ 12
GC 2.02
Order of Precedence.................. ............... .............. ............... ... ........... .... ............12
SECTION GC 3.0 - ADMINISTRA TION OF THE CONTRACT
GC3.01
GC 3.02
GC 3.03
GC 3.04
GC 3.05
GC 3.06
GC 3.07
Contract Administrator's Authority...................... ................................. ................14
Working Drawings.... ........ ........................................................................ ............ 15
Right of the Contract Administrator to Modify Methods and Equipment.............. 16
Emergency Situations....................... ...... ................. ............................................ 16
Layout ......................................... ................. ....... ............................. ......... ...... ..... 16
Extension of Contract Time.................................................................................. 16
Delays .................................. ................................ .................. ... .............. ............ 17
GC 3.08
Assignment of Contract........................................................................................17
GC 3.09
Subcontracting by the Contractor ........................................................................18
Page 1
Rev. Dale: 11/2006 OPSS.MUNI100
GC3.10
GC 3.1001
GC 3.10.02
GC 3.10.03
GC 3.11
GC3.12
GC3.13
GC 3.13.01
GC 3.13.02
GC 3.13.03
GC 3.13.04
GC 3.13.05
GC 31306
GC3.13.07
GC 3.14
GC 3.14.01
GC 3.14.02
GC 31403
GC 3.14.04
GC 3.14.05
GC3.15
Changes... ................ ................... .......................... 18
Changes in the Work... ............. ............ .....18
Extra Work ......... ....... .............. ...... 19
Additional Work....... ............... ..................... .............. ................ 19
Notices ................... ............. ............. .. ...............19
Use and Occupancy of the Work Prior to Substantial Performance ...................19
Claims, Negotiations, Mediation. ................. .............20
Continuance of the Work .................. ............20
Record Keeping ............... ................ ............. ............... ..............20
Claims Procedure .......... ....................... ................................. .. 20
Negotiations.. ................ ............. .................. ............... .......................21
Mediation..... ................ ............. ............. ......................... 21
Payment...... ........................ .............. .................. 21
Rights of Both Parties ........................ ................. .................. 21
Arbitration ................... ...................... ......................................... 21
Conditions for Arbitration ......... ............................................21
Arbitration Procedure........... .................... ..................................22
Appointment of Arbitrator..... ................. ...................22
Costs. ............. ....................22
The Decision ............... ........................................ ............. .................23
Archaeological Finds................ ...................................... ................. .................23
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SECTION GC 4,0 - OWNER'S RESPONSIBILITIES AND RIGHTS
GC 4.01 Working Area .............. ................. ....................... ....................... ..................... 24
GC 4.02 Approvals and Permits.................. .............. ................ 24
GC 4.03 Management and Disposition of Materials...... ................ 24
GC 4.04 Construction Affecting Railway Property.. ............ ...................... 25
GC 4.05 Default by the Contractor ..... ............... ................. .................... ...................... 25
GC 4.06 Contractor's Right to Correct a Default.. .......................................... .................. 25
Page 2
Rev. Date: 11/2006 OPSS.MUNI100
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GC 4.07
GC 4.08
GC 4.09
GC4.10
GC4.11
GC4.12
GC4.13
Owner's Right to Correct a Default ................
.....26
Termination of Contractor's Right to Continue the Work ................................. ...26
Final Payment to Contractor.....
....26
Termination of the Contract ......
.............................26
Continuation of Contractor's Obligations ......
........................27
Use of Performance Bond.
.....................27
Payment Adjustment.....
....................27
SECTION GC 5,0 - MATERIAL
GC5.01
GC 5.02
GC 5.03
GC 5.04
GC 5.05
GC 5.0501
GC 5.05.02
Supply of Material..........
..................................................................28
Quality of Material........
........28
Rejected Material...........
.........28
Substitutions......... .................
.............................29
Owner Supplied Material..............
..29
Ordering of Excess Material..
..29
Care of Material...
.....................................................29
GC6.01
SECTION GC 6,0 - INSURANCE, PROTECTION AND DAMAGE
..........................31
GC 6.02
GC 6.03
GC 6.0301
GC 6.03.02
GC 6.03.03
GC 6.03.04
GC 6.030401
GC 6.03.04.02
GC 6.03.05
GC 6.03.05.01
GC 6.03.05.02
GC 6.03.05.03
GC 6.03.05.04
Protection of Work, Persons, and Property.
Indemnification... .......................
.......................... 31
Contractor's Insurance.............
......................................32
General..................... .... ....... ............... .............
........................................32
General Liability Insurance ................................
............................32
Automobile Liability Insurance.......................
........................... 33
Aircraft and Watercraft Liability Insurance.... .............
Aircraft Liability Insurance..................................
Watercraft Liability Insurance...................................
................................... 33
............................ ...33
...........................................~
Property and Boiler Insurance. ........................................... ...............................33
Property Insurance.... .... ........... .............. .... ...... ..... ............................................... 33
Boiler Insurance ............ ....... .... ....... ....... ....... ....... ................................................34
Use and Occupancy of the Work Prior to Completion ......................................... 34
Payment for Loss or Damage .............................................................................. 34
Page 3
Rev. Date: 11/2006 OPSS.MUNI100
GC 60306
GC 6.03.07
GC 604
GC 6.05
Contractor's Equipment Insurance.....
Insurance Requirements and Duration ........
Bonding. .... .... ........ . ... .... ....... .... ........
Workplace Safety and Insurance Board ..........
.........35
....... 35
.....35
... 36
SECTION GC 7.0 - CONTRACTOR'S RESPONSIBILITIES AND CONTROL OF THE WORK
GC 7.01 General.................... .............. .............. ................. .....37
GC 7.02 Layout ............. ............ ......39
GC 7.03 Working Area .......... .................. ............39
GC 7.04 Damage by Vehicles or Other Equipment ........ ............ ......................40
GC 7.05 Excess Loading of Motor Vehicles............ ......................... ........................40
GC 706 Condition of the Working Area .................... ........................40
GC 7.07 Maintaining Roadways and Detours.. .............. . ...................... ......40
GC 7.08 Access to Properties Adjoining the Work and Interruption of Utility Services .......41
GC 7.09 Approvals and Permits.... ............................... ....................... .................41
GC 7.10 Suspension of Work....... ................................. ................ .....................42
GC 7.11 Contractor's Right to Stop the Work or Terminate the Contract....... ..........42
GC 7.12 Notices by the Contractor... .............. ................ .................. .................42
GC 7.13 Obstructions ...................... ...................43
GC 7.14 Limitations of Operations ........ ................ ............... ..........43
GC 7.15 Cleaning Up Before Acceptance.... ......................... ..43
GC 7.16 Warranty........ .... ........... ............... ... .... ................ ................ ........ 43
GC 7.17 Contractor's Workers ..... .......................... ....................... .............44
GC 7.18 Drainage.......................... ..................... ................................... ...............44
SECTION GC 8.0 - MEASUREMENT AND PAYMENT
GC 8.01 Measurement. ............................ ............................... ........................45
GC 801.01 Quantities..... ......................... ................................. ......................45
GC 8.01.02 Variations in Tender Quantities. .................... ................................................... 45
Page 4
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GC 8.02
GC 8.02.01
GC 8.02.02
GC 8.02.03
GC 8.02.03.01
GC 802.03.02
GC 8.02.03.03
GC 8.02.03.04
GC 8.02.03.05
GC 8020306
GC 8.02.0307
GC 8.02.03.08
GC 8.02.03.09
GC 8.02.03.10
GC 8.02.0311
GC 8.02.03.12
GC 8.02.04
GC 8.0204.01
GC 802.0402
GC 8.02.04.03
GC 802.04.04
GC 802.0405
GC 80204.06
GC 802.0406.01
GC 8.02.04.0602
GC 8.02.04.07
GC 8.02.0408
GC 8.02.04.09
GC 8.020410
GC 8.02.04.11
GC 8.02.05
GC 8.02.06
GC 8.0207
GC 8.02.08
GC 8.0209
Payment.
.........46
Price for Work ...
..........46
Advance Payments for Material.
. ......46
Certification and Payment....................... .............. ............... ..47
Progress Payment Certificate... ............................. ........... .... ...................... ... ..... 47
Certification of Subcontract Completion ................ ...................................... ......47
Subcontract Statutory Holdback Release Certificate and Payment.. .................47
Certification of Substantial Performance ................... ..................................... ...48
Substantial Performance Payment and Substantial Performance Statutory
Holdback Release Payment Certificates ...... ............... ................. ... ..... ............ ... 48
Certification of Completion ... ..... ... ....... ............................................................ ..... 49
Completion Payment and Completion Statutory Holdback Release
Payment Certificates ..... ..... ... .............................. ....... .................... .... ................49
Interest............ ................................................ . .......... ............... .....................50
Interest for Late Payment..... ................................................................ ................ 50
Interest for Negotiations and Claims .......................... .................. ... ..... ................ 51
Owner's Set-Off......... ....... .................................. ...... ......... ........ .................51
Delay in Payment .................................. ........... ........ .................. ....................51
Payment on a Time and Material Basis ................................................ ..............51
Definitions ......................... ........................... ... ............ .. ............51
Daily Work Records ..................... ............... ........................................ ..............52
Payment for Work ...................................... ................................... ............53
Payment for Labour ....................... .............. .... .... ....... .......... ........ .................. .....53
Payment for Material.............................................. ............................ ................53
Payment for Equipment ........................... ........ .... ... ........... ....... .... .... .... ...... .... .....53
Working Time ... .................. ......................... .......... . ................ ........ .... ...............53
Standby Time.... ............................................................... ............................ ....... 53
Payment for Hand Tools ...................................................................................... 54
Payment for Work by Subcontractors .................................................................. 54
Submission of Invoices. .... .... ....... ........................................... .............................54
Payment Other Than on a Time and Material Basis..................... .............. .......55
Payment Inciusions.. ..... ........................................ ....... ....... .............. ........55
Final Acceptance Certificate.....................
........ ...........55
Payment of Workers ......................................
........................55
Records ....... ................ ...................................
..............55
Taxes ........................
.56
Liquidated Damages.
.56
Page 5
Rev. Date: 11/2006 OPSS.MUNI100
GC 1.01
SECTION GC 1.0 - INTERPRETATION
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Ca ptions
.01 The captions appearing in these General Conditions have been inserted as a matter of convenience
and for ease of reference only and in no way define, limit, or enlarge the scope or meaning of the
General Conditions or any provision hereof.
GC1.02
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"
"ACI"
"ANSI"
"ASTM"
"AWG"
"AWJVA"
"CCll"
"CESA"
"CGSB"
"CSA"
"eWB"
"Ge"
"ISO"
"MOE"
"MTD"
"MUTCD"
"OPS"
"OPSD"
"OPSS"
"OTM"
"PEO"
"SAE"
"SCC"
"SSPC"
"Ul"
"ULe"
GC 1.03
American Association of State Highway Transportation Officials
American Concrete Institute
American National Standards Institute
American Society for Testing and Materials
American Wire Gauge
American Water Works Association
Canadian Council of Independent Laboratories
Canadian Engineering Standards Association
Canadian General Standards Board
Canadian Standards Association
Canadian Welding Bureau
General Conditions
International Organization for Standardization
Ontario Ministry of the Environment
Ontario Ministry of Transportation
Manual of Uniform Traffic Control Devices (Replaced by OTM)
Ontario Provincial Standard
Ontario Provincial Standard Drawing
Ontario Provincial Standard Specification
Ontario Traffic Manual
Professional Engineers Ontario
Society of Automotive Engineers
Standards Council of Canada
Structural Steel Painting Council
UndelWriters laboratories
UndelWriters laboratories Canada
Gender and Singular Refe.',"ces
.01 References to the masculine or singular throughout the Contract Documents shall be considered to
include the feminine and the plural and vice versa, as the context requires.
GC 1.04
Definitions
.01 For the purposes of this Contract the following definitions apply:
Actual Measurement means the field measurement of that quantity within the approved limits of the
Work.
Addendum means an addition or change in the tender documents issued by the Owner prior to tender
closing.
Page 6
Rev. Date: 11/2006 OPSS.MUNI100
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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.
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Agreement means the agreement between the Owner and the Contractor for the performance of the
Work that is included in the Contract Documents.
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Base means a layer of material of specified type and thickness placed immediately below the pavement
wearing surface layers, curb and gutter, or sidewalk.
Business Day means any Day except Saturdays, Sundays, and statutory holidays.
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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.
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Certificate of Substantial Performance means the certificate issued by the Contract Administrator at
Substantial Performance.
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Change Directive means any written instruction signed by the Owner, or by the Contract Administrator
where so authorized, directing that a Change in the Work or Extra Work be performed.
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Change in the Work means the deletion, extension, increase, decrease, or alteration of lines; grades;
dimensions; quantities; methods; drawings; substantial changes in geotechnical, subsurface, surface, or
other conditions; changes in the character of the Work to be done; or materials of the Work or part
thereof, within the intended scope of the Contract.
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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.
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Completion Certificate means the certificate issued by the Contract Administrator at completion.
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Constructor means, for the purposes of, and within the meaning of the Occupational Health and Safety
Act, R.S.O. 1990, c.O.1, as amended and amendments thereto, the Contractor who executes the
Contract.
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Contract means the undertaking by the Owner and the Contractor to perform their respective duties,
responsibilities, and obligations as prescribed in the Contract Documents.
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Contract Administrator means the person, partnership, or corporation designated by the Owner to be
the Owner's representative for the purposes of the Contract.
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Contract Documents mean the executed Agreement between the Owner and the Contractor, Tender,
General Conditions of Contract, 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.
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Contract Drawings or Contract Plans mean drawings or plans, any Geotechnical Report, any
Subsurface Report, and any 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, and cross-sections.
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Contract Time means the time stipulated in the Contract Documents for Substantial Performance of the
Work, including any extension of Contract Time made pursuant to the Contract Documents.
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Contractor means the person, partnership, or corporation undertaking the Work as identified in the
Agreement.
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Controlling Operation means any component of the Work that, if delayed, may delay the completion of
the Work.
Cost Plus has the same meaning as "Time and Material."
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Cut-Off Date means the date up to which payment shall be made for work performed.
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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.
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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.
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End Result Specification means specifications that require the Contractor to be responsible for
supplying a product or part of the Work. The Owner accepts or rejects the final product or applies a price
adjustment that is commensurate with the degree of compliance with the specification.
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Equipment means all machinery and equipment used for preparing, fabricating, conveying or erecting
the Work and normally referred to as construction machinery and equipment.
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Estimate means a calculation of the quantity or cost of the Work or part of it depending on the context.
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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 that affect the Work.
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Final Acceptance Certificate means the certificate issued by the Contract Administrator at Final
Acceptance of the Work.
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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.
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Force Account has the same meaning as "Time and Material."
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Geotechnical Report means a report or other information identifying soil, rock, and ground water
conditions in the area of any proposed Work.
Grade means the required elevation of that part of the Work.
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Hand Tools means tools that are commonly called tools or implements of the trade and include small
power tools.
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Highway means a common and public highway any part of that is intended for or used by the general
public for the passage of vehicles and includes the area between the lateral property lines thereof.
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Lot means a specific quantity of material or a specific amount of construction normally from a single
source and produced by the same process.
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Lump Sum Item means a tender item indicating a portion of the Work for which payment will be made at
a single tendered price. Payment is not based on a measured quantity, although a quantity may be given
in the Contract Documents.
Major Item means any tender item that has a value, calculated on the basis of its actual or estimated
tender quantity, whichever Is the larger, multiplied by its tender unit price, which is equal or greater than
the lesser of,
a) $100,000, or
b) 5% of the total tender value calculated on the basis of the total of all the estimated tender
quantities and the tender unit prices.
Material means material, machinery, equipment 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 Work as shown In
the Contract Documents.
Project means the construction of the Work as contemplated by this Contract.
Quantity Sheet means a list of the quantities of Work to be done.
Quarried Rock means material removed from an open excavation made in a solid mass of rock that,
prior to removal, was integral with the parent mass.
Quarry means a place where Aggregate has been or is being removed from an open excavation made in
a solid mass of igneous, sedimentary, or metamorphic rock or any combination of these that, prior to
removal, was integral with the parent areas.
Rate of Interest means the rate of interest as detenmined under the Financial Administration Act by the
Minister of Finance of Ontario and issued by, and available from, the Owner.
Records mean any books, payrolls, accounts, or other information that 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 travelled portion of the wearing
surface and the top inside edge of the ditch or fill slope.
Special Provisions mean directions containing requirements specific to the Work.
Standard Drawing or 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.
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Subcontractor means a person, partnership or corporation undertaking the execution of a part of the
Work by virtue of an agreement with the Contractor.
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Subgrade means the earth or rock surface, whether in cut or fill, as prepared to support the pavement
structure, consisting of Base, Subbase, and Pavement.
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Subsurface Report means a report or other information identifying the location of Utilities, concealed and
adjacent structures, and physical obstructions that fall within the influence of the Work.
Superintendent means the Contractor's authorized representative in responsible charge of the Work.
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Surety means the person, partnership or corporation, other than the Contractor, licensed in Ontario to
transact business under the Insurance Act, R.S.O. 1990, c.1.8, as amended, executing a bond provided
by the Contractor.
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Tender means an offer in writing from the Contractor, submitted in the format prescribed by the Owner, to
complete the Work.
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Time and Material means costs calculated according to ciause 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.
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Utility means an aboveground or underground facility maintained by a municipality, public utility authority
or regulated authority and includes services such as sanitary sewer, storm sewer, water, electric, gas, oil,
steam, data transmission, telephone, and cable television.
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Warranty Period means the period of 12 months from the date of Substantial Performance or such
longer period as may be specified in the Contract Documents for certain Materials or some or all of the
Work. Where a date of Substantial Performance is not established, the Warranty Period shall commence
on the date of Completion.
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Work means the total construction and related services required by the Contract Documents.
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Working Area means all the lands and easements owned or acquired by the Owner for the construction
of the Work.
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Working Day means any Day,
a) except Saturdays, Sundays and statutory holidays;
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b) except a Day as determined by the Contract Administrator, on which the Contractor is prevented by
inclement weather or conditions resulting immediately therefrom, from proceeding with a Controlling
Operation. For the purposes of this definition, this shall be a Day during which the Contractor cannot
proceed with at least 60% of the nomnal labour and Equipment force effectively engaged on the
Controlling Operation for at least 5 hours;
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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,
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i. any breach of the Contract by the Owner or if such prevention is due to the Owner, another
contractor hired by the Owner, or an employee of anyone of them, or by anyone else acting on
behalf of the Owner.
ii. non-delivery of Owner supplied Materials.
iii. any cause beyond the reasonable control of the Contractor that can be substantiated by the
Contractor to the satisfaction of the Contract Administrator.
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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 formwork, falsework, and
shoring plans; Roadway protection plans; shop drawings; shop plans; or erection diagrams.
GC 1.05
Substantial Performance
.01 The Work is substantially performed,
a) when the Work to be performed under the Contract or a substantial part thereof is ready for use
or is being used for the purpose intended; and
b) when the Work to be performed under the Contract is capable of 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 Finai Acceptance shall be deemed to occur when the Contract Administrator is satisfied that, to the
best of the Contract Administrator's knowledge at that time, the Contractor has rectified all imperfect
work and has discharged all of the Contractor's obligations under the Contract.
GC 1.08
Interpretation of Certain Words
.01 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.
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SECTION GC 2.0 - CONTRACT DOCUMENTS
GC2.01
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 that may affect the Work shall be shown to a
tolerance of:
i. 1 m horizontal, and
ii. 0.3 m vertical
.02 The Owner does not warrant or make any representation with respect to:
a) interpretations of data or opinions expressed in any Subsurface Report available for the perusal
of the Contractor, whether or not such report is included as part of the Contract Documents, and
b) 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 descending order:
a) Agreement
b) Addenda
c) Special Provisions
d) Contract Drawings
e) Standard Specifications
f) Standard Drawings
g) Instructions to Tenderers
h) Tender
i) Supplemental General Conditions
j) General Cond itions
k) 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;
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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 inconsistency or conflict in the contents of Standard Specifications the following
descending order of precedence shall govern:
a) Owner's Standard Specifications
b) Ontario Provincial Standard Specifications
c) Other Standard Specifications, such as those produced by CSA, CGSB, ASTM, and ANSI and
referenced in the Ontario Provincial Standard Specifications
.04 The Contract Documents are complementary, and what is required by anyone shall be as binding
as if required by all.
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GC3.01
Contract Administrator's Authority
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SECTION GC 3.0 - ADMINISTRATION OF THE CONTRACT
,01 The Contract Administrator shall 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, shall be issued by
the Contract Administrator, The Contract Administrator shall 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
in writing by the Contractor,
.03 The Contract Administrator may inspect the Work for its conformity with the Plans and Standard
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.
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.04 The Contract Administrator shall determine the amounts owing to the Contractor under the Contract
and shall issue certificates for payment in such amounts as provided for in Section GC 8,0,
Measurement and Payment.
,05 The Contract Administrator shall, 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 shall investigate all allegations of a Change in the Work made by the
Contractor and issue appropriate instructions,
,07 The Contract Administrator shall prepare Change Directives and Change Orders for the Owner's
approval.
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,08 Upon written application by the Contractor, the Contract Administrator and the Contractor shall jointly
conduct an inspection of the Work to establish the date of Substantial Performance of the Work or
the date of Completion of the Work or both,
.09 The Contract Administrator shall be, in the first instance, the interpreter of the Contract Documents
and the judge of the performance thereunder by both parties to the Contract. Interpretations and
decisions of the Contract Administrator shall be consistent with the intent of the Contract Documents
and, in making these decisions, the Contract Administrator shall not show partiality to either party,
,10 The Contract Administrator shall have the authority to reject part of the Work or Material that does
not conform to the Contract Documents,
,11 In the event that the Contract Administrator determines that any part of the Work performed by the
Contractor is defective, whether the result of poor workmanship; the use of defective material; or
damage through carelessness or other act or omission of the Contractor and whether or not
incorporated in the Work; or otherwise fails to conform to the Contract Documents, then the
Contractor shall if directed by the Contract Administrator promptly remove the Work and replace,
make good, or re-execute the Work 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.
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.13 If, in the opinion of the Contract Administrator, it is not expedient to correct defective work or work
not performed in accordance with the Contract Documents, the Owner may deduct from monies
otherwise due to the Contractor the difference in value between the work as performed and that
called for by the Contract Documents, the amount that will be determined in the first instance 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.
.15 The Contract Administrator shall have the authority to temporarily suspend the Work for such
reasonable time as may be necessary:
a) to facilitate the checking of any portion of the Contractor's construction layout;
b) to facilitate the inspection of any portion of the Work; or
c) for the Contractor to remedy non-compliance in the case of such non-compliance with the
provisions of the Contract by the Contractor.
The Contractor shall not be entitled to any compensation for suspension of the Work in these
circumstances.
.16 The Owner has the right to terminate the Contract for wilful or persistent violation by the Contractor
or ils workers of the Occupational Health and Safety Act legislation and regulations, Workplace
Safety and Insurance Board Act, and Regulation 309 of the Environmental Protection Act.
.17 If the Contract Administrator determines that any worker employed on the Work is incompetent, as
defined by the Occupational Health and Safety Act, or is disorderly, then the Contract Administrator
shall provide written notice to the Contractor and the Contractor shall immediately remove the
worker from the Working Area. Such worker shall not return to the Working Area without the prior
written consent of the Contract Administrator.
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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 shalt 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 shall be to check for conformity to the design concept and for
general arrangement only and such review shalt 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.
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.05 The Contractor shall make any changes in Working Drawings that the Contract Administrator may
require to make the Working Drawings 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.
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.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."
GC 3.03
Right of the Contract Administrator to Modify Methods and Equipment
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.07 The Contractor shall keep one set of the reviewed Working Drawings, marked as above, at the site
at all times.
.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.
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.02 The Contractor shall. when requested in writing, alter the sequence of its operations on the Contract
so as to avoid interference with work being performed by others.
.03 Notwithstanding the foregoing. the Contractor shall ensure that all necessary safety precautions and
protection are maintained throughout the Work.
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 shall
pay for the remedial work.
GC 3,05
Layout
.01 The Contract Administrator shall provide baseline and benchmark information for the general
location, alignment, and elevation of the Work. The Owner shall be responsible only for the
correctness of the information provided by the Contract Administrator.
GC 3,06
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, subsection GC 3.07.
b) Changes in the Work, clause GC 3.10.01.
c) Extra Work, clause GC 3.10.02.
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d) Additional Work, clause GC 3.10.03.
.03 The Contract Administrator shall, in considering an application for an extension to the Contract Time,
take into account whether the delays, Changes in the Work, Extra Work, or Additional Work involve
a Controlling Operation.
.04 The Contract Time shall be extended for such additional time as may be recommended by the
Contract Administrator and deemed fair and reasonable by the Owner.
.05 The terms and conditions of the Contract shall continue for such extension of Contract Time.
GC 3.07
Delays
.01 If the Contractor is delayed in the performance of the Work by,
a) war, blockades, and civil commotions, errors in the Contract Documents;
b) 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;
c) 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;
d) the Contract Administrator giving notice under subsection GC 7.10, Suspension of Work;
e) abnormal inclement weather; or
f) archaeological finds in accordance with subsection GC 3.15, 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 may be granted in accordance with subsection GC 3.06, Extension of Contract Time.
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.02 If the Work is delayed by labour disputes, strikes or lock-outs, including lock-outs decreed or
recommended to its members by a recognized contractor's association, of which the Contractor is a
member or to which the Contractor is otherwise bound, are beyond the Contractor's control, which
then the Contract Time shall be extended in accordance with subsection GC 3.06, 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.
.03 The Contractor shall not be entitled to payment for the cost of delays incurred as a result of a dispute
between the Contractor and Owner. The Contractor shall execute the Work and may pursue
resolution of the dispute in accordance with subsection GC 3.13, Claims, Negotiations, Mediations.
GC 3,08
Assignment of Contract
.01 The Contractor shall not assign the Contract, either in whole or in part, without the prior written
consent of the Owner.
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GC 3.09
Subcontracting by the Contractor
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.01 The Contractor may subcontract any part of the Work. subject to these General Conditions and any
iimitations specified in the Contract Documents.
.02 The Contractor shall notify the Contract Administrator 10 Days prior to the start of construction, in
writing, of the intention to subcontract. Such notification shall identify the part of the Work, and the
Subcontractor with whom it is intended.
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.03 The Contract Administrator shall, within 5 Days of receipt of such notification, accept or reject the
intended Subcontractor. The rejection shall be in writing and shall include the reasons for the
rejection.
.04 The Contractor shall not, without the written consent of the Owner, change a Subcontractor who has
been engaged in accordance with this subsection.
.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 shall not impose any liabiiity upon the Owner.
Nothing contained in the Contract Documents shall create a contractual relationship between a
Subcontractor and the Owner.
GC 3.10
Changes
GC 3.10.01
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 Order or Change Directive. Upon
the receipt of such Change Order or 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 3.06, Extension of Contract Time.
.03 If the Change in the Work relates solely to quantities, payment for that part of the Work shall be
made according to the conditions specified in clause GC 8.01.02, Variations in Tender Quantities. If
the Change in the Work does not solely relate to quantities, then either the Owner or the Contractor
may initiate negotiations upwards or downwards for the adjustment of the Contract price in respect
of the Change in the Work pursuant to subsection GC 3.13, 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.
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GC 3.10.02
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 Order or Change Directive. Upon receipt of such Change
Order or 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 3.06, Extension of Contract Time.
.03 Either the Owner or Contractor may initiate negotiations upwards or downwards for the payment for
the Extra Work pursuant to subsection GC 3.13, 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 3.10,03
Additional Work
.01 The Owner, or Contract Administrator where so authorized, may request the Contractor to perform
Additional Work without invalidating the Contract. If the Contractor agrees to perform Additional
Work, the Contractor shall proceed with such Additional Work upon receipt of a Change Order.
.02 The Contractor may apply for an extension of Contract Time according to the terms of subsection
GC 3.06, Extension of Contract Time.
.03 Payment for the Additional Work may be negotiated pursuant to subsection GC 3.13, 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
Notices
.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, email, 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 mail and email addresses; pager,
cell phone, and telephone numbers; and facsimile terminal numbers for the Contract Administrator
and the Superintendent at the commencement of the Work, and update as necessary.
.03 In the event of an emergency situation or other urgent matter the Contract Administrator or the
Superintendent may give a verbal notice, provided that such notice is confirmed in writing within
2 Days.
.04 Any notice permitted or required to be given to the Owner or the Contractor shall be given in
accordance with the notice provision of the Contract.
GC3.12
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
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GC 3.13
Claims, Negotiations, Mediation
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Documents. The Owner shall 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 3.13.01
Continuance of the Work
.01 Unless the Contract has been terminated or completed, the Contractor shall in every case, after
seNing 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 shall not
jeopardize any claim it may have.
GC 3.13.02
Record Keeping
.01 Immediately upon commencing work that 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 shall 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 attempt to reconcile their respective Daily Work
Records on a daily basis, to simplify review of the claim, when submitted. If the Contractor and the
Contract Administrator fail to reconcile their respective Daily Work Records, then the Contractor shall
submit its Daily Work Records as part of its claim, whereby the resolution of the dispute about the
Daily Work Records shall not be resolved until there is a resolution of the claim.
.03 The keeping of Daily Work Records by the Contract Administrator or the reconciling of such Daily
Work Records with those of the Contractor shall not be construed to be acceptance of the claim.
GC 3.13.03
Claims Procedure
.01 The Contractor shall give verbal notice of any situation that may lead to a claim for additional
payment immediately upon becoming aware of the situation.
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.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 that 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 arises;
b) state the grounds, contractual or otherwise, upon which the claim is made; and
c) include the Records maintained by the Contractor supporting such claim.
In exceptional cases, the 30 Days may be increased to a maximum of 90 Days with approval in
writing from the Contract Administrator.
.04 Within 30 Days of the receipt of the Contractor's detailed claim, the Contract Administrator may
request the Contractor to submit any further and other particulars as the Contract Administrator
considers necessary to assess the claim. The Contractor shall submit the requested information
within 30 Days of receipt of such request.
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.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 3.13.04
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 3.13.03.05, 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 3.13.05, Mediation, or subsection GC 3.14, Arbitration.
GC 3.13.05
Mediation
.01 If a claim is not resolved satisfactorily through the negotiation stage noted in clause GC 3.13.04,
Negotiations, within a period of 30 Days following the opinion given in paragraph GC 3.13.03.05, 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 or 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 3.13.03.05.
.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 3.13,06
Payment
.01 Payment of the claim shall be made no later than 3D Days after the date of resolution of the claim or
dispute. Such payment shall be made according to the terms of Section GC 8.0, Measurement and
Payment.
GC 3~13,07
Rights of Both Parties
.01 It is agreed that no action taken under subsection GC 3.13, 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 3.14
Arbitration
GC 3.14.01
Conditions of Arbitration
.01 If a claim is not resolved satisfactorily through the negotiation stage noted in clause GC 3.13.04,
Negotiations, or the mediation stage noted in clause GC 3.13.05, Mediation, either party may invoke
the provisions of subsection GC 3.14, Arbitration, by giving written notice to the other party.
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GC 3.14.02
Arbitration Procedure
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.02 Notification that arbitration shall be implemented to resolve the issue shall be communicated in
writing as soon as possible and no later than 60 Days following the opinion given in paragraph
GC 3.13.03.05. Where the use of a third party mediator was implemented, notification shall be
within 120 Days of the opinion given in paragraph GC 3.13.03.05.
.03 The parties shall be bound by the decision of the arbitrator.
.04 The rules and procedures of the Arbitration Act, 1991,8.0.1991, c.17, as amended. shall apply to
any arbitration conducted hereunder except to the extent that they are modified by the express
provisions of subsection GC 3.14. Arbitration.
.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 shall 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 shall 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 3.14.03
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 3.14.01.02, 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 may select an arbitrator to adjudicate the dispute within 7 Days of being
requested to do so.
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.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 that govern the trial of cases in court but may
hear and consider any evidence that the arbitrator considers relevant.
.07 The hearing shall commence within 90 Days of the appointmenl of the arbitrator.
GC 3.14.04
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.
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.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 3.14.05
The Decision
.01 The reasoned decision shall be made in writing within gO 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 3.13.06, Payment.
GC3.15
Archaeological Finds
.01 If the Contractor's operations expose any items that 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 7.10, Suspension of Work.
.02 Any delay in the completion of the Contract that is caused by such a suspension of Work shall be
considered to be beyond the Contractor's control in accordance with paragraph GC 3.07.01.
.03 Any work directed or authorized in connection with an archaeological find shall be considered as
Extra Work in accordance with clause GC 3.10.02, Extra Work.
.04 The Contractor shall take all reasonable action to minimize additional costs that may accrue as a
result of any work stoppage.
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SECTION GC 4.0 - OWNER'S RESPONSIBILITIES AND RIGHTS
GC 4.01
Working Area
.01 The Owner shall acquire all property rights that are deemed necessary by the Owner for the
construction of the Work, including temporary working easements. and shall indicate the full extent
of the Working Area on the Contract Drawings.
.02 The Geotechnical Report and Subsurface Report that may be provided by the Owner as part of the
tender documents shall form part of the Contract Drawings.
GC 4.02
Approvals and Permits
.01 The Owner shall pay for all plumbing and building permits.
.02 The Owner shall obtain and pay for all permits, licences, and certificates solely required for the
design of the Work.
GC 4.03
Management and Disposition of Materials
.01 The Owner shall identify in the Contract Documents the materials to be moved within or removed
from the Working Area and any characteristics of those materials that necessitates special materials
management and disposition.
.02 In accordance with regulations under the Occupational Health and Safety Act, R.SO. 1990, c.O.1,
as amended, the Owner advises that,
a) the designated substances silica, lead, and arsenic are generally present throughout the
Working Area occurring naturally or as a result of vehicle emissions;
b) the designated substance asbestos may be present in cement products. asphalt, and conduits
for Utilities;
c) the following hazardous materials are ordinarily present in construction activities: limestone,
gypsum, marble, mica, and Portland cement; and
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 shall 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
hazardous materials that are in addition to those listed in paragraph GC 4.03.02, or not clearly
identified in the Contract Documents according to paragraph GC 4.03.03, then verbal notice shall be
provided to the other party immediately with written confirmation within 2 Days. The Contractor shall
stop work in the area immediately and shall determine the necessary steps required to complete the
work in accordance with applicable legislation and regulation.
.05 The Owner shall be responsible for any reasonable additional costs of removing, managing and
disposing of any material not identified in the Contract Documents, or where conditions exist that
could not have been reasonably foreseen at the time of tendering. All work under this paragraph
shall be deemed to be Extra Work.
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.06 Prior to commencement of the Work, the Owner shall provide to the Contractor a list of those
products controlled under the Workplace Hazardous Materials Information System (WHMIS), that
the Owner may 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 shall 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 shall pay the costs of all flagging and other traffic control measures required and
provided by the railway company unless such costs are solely a function of the Contractor's chosen
method of completing the Work.
.02 Every precaution shall be taken by the Contractor to protect all railway property at track crossings; or
otherwise, on which construction operations are to take place in accordance with the terms of this
Contract.
.03 The Contractor shall be required to conduct the construction operations in such a manner as to
avoid a possibility of damaging any railway property in the vicinity of the works. Every reasonable
precaution shall be taken by the Contractor to ensure the safety of the workers, Subcontractors, and
Equipment, as well as railway property throughout the duration of the Contract.
GC 4.05
Defautt by the Contractor
.01 If the Contractor fails to commence the Work within 14 Days of a formal order to commence work
signed by the Contract Administrator or, upon commencement of the Work, should neglect to
prosecute the Work properly or otherwise fails to comply with the requirements of the Contract and,
if the Contract Administrator has given a written statement to the Owner and Contractor that
sufficient cause exists to justify such action, the Owner may, without prejudice to any other right or
remedy the Owner may have, notify the Contractor in writing that the Contractor is in default of the
Contractor's contractual obligations and instruct the Contractor to correct the default in the
5 Working Days immediately following the receipt of such notice.
.02 If the Contractor is adjudged bankrupt, or makes a general assignment for the benefit of creditors
because of the Contractor's insolvency or if a receiver is appointed because of the Contractor's
insolvency, the Owner may, without prejudice to any other right or remedy the Owner may have, by
giving the Contractor or receiver or trustee in bankruptcy notice in writing, terminate the Contract.
GC 4.06
Contractor's Right to Correct a Default
.01 The Contractor shall have the right within the 5 full Working Days following the receipt of a notice of
default to correct the default and provide the Owner with satisfactory proof that appropriate
corrective measures have been taken.
.02 If the correction of the default cannot be completed within the 5 full Working Days following receipt of
the notice, the Contractor shall not be in default if the Contractor,
a) commences the correction of the default within the 5 full Working Days following receipt of the
notice;
b) provides the Owner with an acceptable schedule for the progress of such correction; and
c) completes the correction in accordance with such schedule.
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GC 4.07
Owner's Right to Correct Default
.01 If the Contractor fails to correct the default within the time specified in subsection GC 4.06,
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.
GC 4.08
Termination of Contractor's Right to Continue the Work
.01 Where the Contractor fails to correct a default within the time specified in subsection GC 4.06,
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 shall 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) use the Equipment of the Contractor and any Material within the Working Area that 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 7.16, Warranty;
f) charge the Contractor for any damages the Owner 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 7.16, Warranty, exceeds the allowance provided for such corrections.
GC 4.09
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 4.08, Termination of Contractor's Right to
Continue the Work, the Owner shall pay the balance to the Contractor as soon as the final
accounting for the Contract is complete.
GC 4.10
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 Contractor's estate or
creditors.
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.02 If the Owner elects to terminate the Contract, the Owner may provide the Contractor and the trustee
or receiver with a complete accounting to the date of termination.
GC 4.11
Continuation of Contractor's Obligations
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.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.
GC4.12
Use of Performance Bond
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.01 If the Contractor is in default of the Contract and the Contractor has provided a Performance Bond,
the provisions of Section GC 4.0, Owner's Responsibilities and Rights, shall be exercised in
accordance with the conditions of the Performance Bond.
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GC 4.13
Payment Adjustment
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.01 If any situation should occur in the performance of the Work that would result in a Change in the
Work, the Owner shall be entitled to an adjustment and those adjustments shall be managed in
accordance with subsection GC 3.10.01, Changes in the Work.
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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, unless otherwise specified in the Contract
Documents.
.02 Material supplied by the Contractor shall conform to the requirements of the Contract.
.03 As specified in the Contract Documents 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.
.04 The Contractor shall obtain for the Contract Administrator the right to enter onto the premises of the
Material manufacturer or supplier to carry out such inspection, sampling, and testing as specified in
the Contract Documents or as requested by the Contract Administrator.
,05 The Contractor shall notify the Contract Administrator of the sources of supply sufficiently in advance
of the Material shipping dates to enable the Contract Administrator to perform the required
inspection, sampling, and testing.
.06 The Owner shall 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 that 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.
.09 All Material inspection, sampling, and testing shall be carried out on random basis in accordance
with the standard inspection or testing methods required for the Material. Any approval given by the
Contract Administrator for the Materials to be used in the Work based upon the random method shall
not relieve the Contractor from the responsibility of incorporating Material that conforms to the
Contract Documents into the Work or properly performing the Contract and of any liability arising
from the failure to properly perform as specified in the Contract Documents.
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 Admin;strator. 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.
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GC 5.04
Substitutions
.01 Where the Contract Documents 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, that shall be
regarded as the standard of quality required by the Contract Documents. 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.
.02 Rulings on a proposed substitution shall not be made prior to the acceptance of the Tender.
Substitutions shall not be made without the prior approval of the Contract Administrator. The
approval or rejection of a proposed substitution shall be 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 $1,000 of the aggregate saving in cost by reason of such substitution and to 50%
of any additional saving in cost in excess of such $1,000. 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 shatl 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 that 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 shall be assumed that the shipment arrived in good
condition and order, and any damage or deficiencies reported thereafter shall be made good by the
Contractor at no extra cost to the Owner.
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.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.
.os Empty reels, crates, containers, and other type of packaging from Material supplied by the Owner
shall become the property of the Contractor when they are no longer required for their original
purpose and shall be disposed of by the Contractor, unless otherwise specified in the Contract
Documents.
.06 Immediately upon receipt of each shipment, the Contractor shall provide the Contract Administrator
copies of bills of lading, or such other documentation the Contract Administrator may require to
substantiate and reconcile the quantities of Material received.
.07 Where Material supplied by the Owner is ordered and stockpiled prior to the award of the Contract,
the Contractor shall, at no extra cost to the Owner, immediately upon commencement of operations,
check the Material, report any damage or deficiencies to the Contract Administrator and take charge
of the Material at the stockpile site. Where damage or deficiencies are not so recorded by the
Contractor, it shall be assumed that the stockpile was in good condition and 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.
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SECTION GC 6.0 - INSURANCE, PROTECTION AND DAMAGE
GC 6.01
Protection of Work, Persons and Property
.01 The Contractor. the Contractor's agents. and all workers employed by or under the control of the
Contractor, including Subcontractors, shall protect the Work, persons. and property from damage or
injury. The Contractor shall be responsible for all losses and damage that 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 protective work or works
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 and payment shall be
administered according to these General Conditions.
.03 The Contractor shall immediately inform the Contract Administrator of all damage and injuries that
occur during the term of the Contract. The Contractor shall then investigate and report back to the
Contract Administrator within 15 Days of occurrence of incident. or as soon as possible.
.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 Owner's
permission.
.05 The Contractor and the Contractor's Surety shall not be released from any term or provision of any
responsibility. obligation. or liability under the Contract or waive or impair any of the rights of the
Owner. except by a release duly executed by the Owner.
GC 6.02
Indemnification
.01 The Contractor shall indemnify and hold harmless the Owner and the Contract Administrator, their
elected officials, 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 faiiure 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 Documents, from the date of certification of Final Acceptance.
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.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.
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.03 The Owner expressly waives the right to indemnity for claims other than those stated in paragraphs
GC 6.02.01 and GC 6.02.02.
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.04 The Owner shall indemnify and hold harmless the Contractor, their elected officials, agents, officers,
and employees from and against all claims, demands, losses, expenses, costs, damages, actions,
suits, or proceedings arising out of the Contractor's performance of the Contract that are attributable
to a lack of or defect in title or an alleged lack of or defect in title to the Working Area.
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.05 The Contractor expressly waives the right to indemnity for claims other than those stated in
paragraph GC 60204.
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GC 6.03
Contractor's Insurance
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GC 6.03.01
General
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.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 shall only
apply when so specified in the Contract Documents.
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.02 The Contractor shall provide the Contract Administrator with an original Certificate of Insurance for
each type of insurance coverage that is required by the Contract Documents. The Contractor shall
ensure that the Contract Administrator is, at all times in receipt of a valid Certificate of Insurance for
each type of insurance coverage, in such amounts as specified in the Contract Documents. The
Contractor will not be permitted to commence work until the Contract Administrator is in receipt of
such proof of insurance. The Contract Administrator may withhold payments of monies due to the
Contractor until the Contractor has provided the Contract Administrator with original valid Certificates
of Insurance as required by the provisions of the Contract Documents.
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GC 6.03.02
General Liability Insurance
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.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 five 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 $5,000. The form of this insurance shall be the
Insurance Bureau of Canada Form IBC 2100.
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.02 Another form of insurance equal to or better than that required in IBC Form 2100 may be used,
provided all the requirements listed in the Contract are included. Approval of this insurance shall 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.
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.03 The Contractor shall maintain in force such policies of insurance specified by the Contract
Documents at all times from the commencement of the Work until the end of any Warranty Period or
as otherwise required by the Contract Documents.
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.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), shall not be binding on the Owner.
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.05 Should the Contractor decide not to employ Subcontractors for operations requiring the use of
explosives for blasting, pile driving or caisson work, 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 shall not be permitted.
GC 6.03,03
Automobile Liability Insurance
.01 Automobile liability insurance in respect of licensed vehicles shall have limits of not less than five
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
GC 6.03.04,01
Aircraft Liability Insurance
.01 Aircraft liability insurance with respect to owned or non-owned aircraft used directly or indirectly in
the performance of the Work, including use of additional premises, shall be subject to limits of not
less than five million dollars inclusive per occurrence for bodily injury, death, and damage to property
including loss of use thereof, and limits of not less than five 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.
6.03,04.02
Watercraft Liability Insurance
.01 Watercraft liability insurance with respect to owned or non-owned watercraft used directly or
indirectly in the performance of the Work, including use of additional premises, shall be subject to
limits of not less than five million dollars inclusive per occurrence for bodily injury, death, and
damage to property including loss of use thereof. 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
GC 6.03.05.01
Property and Boiler Insurance
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 Contract Documents, 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.
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GC 6.03.05.02
Boiler Insurance
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.01 Boiler insurance insuring the interests of the Contractor, the Owner and the Contract Administrator
for not less than the replacement value of boilers and pressure vessels forming part of the Work,
shall be in a form 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.
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GC 6.03.05.03
Use and Occupancy of the Work Prior to Completion
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.01 Should the Owner wish to use or occupy part or all of the Work prior to Substantial Performance, the
Owner shall 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.
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.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.
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GC 6.03.05.04
Payment for Loss or Damage
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.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.
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.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.
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.03 In the event of a loss or damage to the Work arising from the action or omission of the Owner or
others, the Owner shall pay the Contractor the cost of restoring the Work as the restoration of the
Work proceeds and in accordance with the requirements of Section GC 8.0, Measurement and
Payment.
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GC 6.03.06
Contractor's Equipment Insurance
.01 All risks Contractor's equipment insurance covering construction machinery and equipment used by
the Contractor for the performance of the Work, including boiler insurance on temporary boilers and
pressure vessels, shall be in a form acceptable to the Owner and shall not allow subrogation claims
by the insurer against the Owner. The policies shall be endorsed to provide the Owner with not less
than 30 Days written notice in advance of cancellation, change, or amendment restricting coverage.
Subject to satisfactory proof of financial capability by the Contractor for self-insurance of the
Contractor's Equipment, the Owner agrees to waive the equipment insurance requirement, and for
the purpose of this Contract. the Contractor shall be deemed to be insured. This policy shall be
amended to provide permission for the Contractor to grant prior releases with respect to damage to
the Contractor's Equipment.
GC 6.03.07
Insurance Requirements and Duration
.01 Unless specified otherwise, the duration of each insurance policy shall be from the date of
commencement of the Work until 1 0 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.
.04 Where a policy is renewed, the Contractor shall provide the Owner, on a form acceptable to the
Owner, renewed proof of insurance immediately following completion of renewal.
.05 Unless specified otherwise, the Contractor shall be responsible for the payment of deductible
amounts under the policies.
.06 If the Contractor fails to provide or maintain insurance as required in subsection GC 6.03,
Contractor's Insurance, or elsewhere in the Contract Documents, then the Owner shall have the right
to provide and maintain such insurance and give evidence thereof to the Contractor. The Owner's
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
deduct the costs thereof from monies which are due or may become due to the Contractor.
GC 6.04
Bonding
.01 The Contractor shall provide the Owner with the surety bonds in the amount required by the tender
documents.
.02 Such bonds shall be issued by a duly licensed surety company authorized to transact a business of
suretyship in the Province of Ontario and shall be to the satisfaction of the Owner. The bonds shall
be maintained in good standing until the fulfilment of the Contract. .
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GC 6.05
Workplace Safety and Insurance Board
.01 The Contractor shall provide the Contract Administrator with a copy of a Certificate of Clearance
indicating the Contractor's good standing with the Workplace Safety and Insurance Board, as
follows:
a) Immediately prior to the Contract Administrator authorizing the Contractor to commence Work.
b) Prior to issue of the Certificate of Substantial Performance.
c) Prior to expiration of the Warranty Period.
d) At any other time when requested by the Contract Administrator.
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SECTION GC 7.0 - CONTRACTOR'S RESPONSIBILITIES AND CONTROL OF THE WORK
GC 7.01
General
,01 The Contractor warrants that the site of the Work has been visited during the preparation of the
Tender and the character of the Work and all local conditions that 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.
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.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 provide adequate labour, Equipment, and Material to ensure the completion of
the Contract in accordance with the Contract Documents, The Work shall be performed as
vigorously and as continuously as weather conditions or other interferences may permit.
.05 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.
,06 Notwithstanding paragraph GC 7,01.05, where the Contract Documents include designs for
temporary structures and other temporary facilities or specify a method of construction in whole or
part, such facilities and methods shall be considered to be part of the design of the Work, and the
Contractor shall not be held responsible for that part of the design or the specified method of
construction, The Contractor shall, however, be responsible for the execution of such design or
specified method of construction in the same manner that the Contractor is responsible for the
execution of the Work,
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.07 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, as amended, (the "Act") and Ontario
Regulation 213/91, as amended, (that regulates Construction Projects) and any other regulations as
amended under the Act (the "Regulations") that may affect the performance of the Work, as the
"Constructor" or "employer," as defined by the Act, as the case may be. The Contractor shall ensure
that:
a) 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
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f) all Subcontractors and their workers are properly protected from injury while they are at the
Work Area.
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.08 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 the 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 that 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.
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.09 Prior to commencement of the Work, the Contractor shall provide to the Contract Administrator a list
of those products controlled under the Workplace Hazardous Materials Information System or
WHMIS, which the Contractor expects to use on the Contract. Related Materials Safety Data 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 in writing of
changes in the products to be used and provide relevant Material Safety Data Sheets.
.10 The Contractor shall have an authorized representative on the site while any Work is being
performed, to supervise the Work and 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 cell phone, pager, and telephone numbers of the Contractor's representatives who
can be contacted at any time to deal with matters relating to the Contract, and update as necessary.
.11 The Contractor shall designate a person to be responsible for traffic control and work zone safety.
The designated person shall be a competent worker who is qualified because of knowledge, training,
and experience to perform the duties; is familiar with Book 7 of the Ontario Traffic Manual; and has
knowledge of all potential or actual danger to workers and motorists. Prior to the commencement of
construction, the Contractor shall notify the Contract Administrator of the name; address; position;
cell phone, pager, and telephone numbers of the designated person, and update as necessary. The
designated person may have other responsibilities, including other construction sites, and need not
be present in the Working Area at all times.
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.12 The Contractor shall, at no additional cost to the Owner, furnish all reasonable aid, facilities, and
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.
.13 The Contractor shall prepare and update, as required, a construction schedule of operations,
indicating the proposed methods of construction and sequence of work and the time the Contractor
proposes to complete the various items of work within the time specified in the Contract Documents.
The schedule shall be submitted to the Contract Administrator within 14 Days from the Contract
award. If the Contractor's schedule is materially affected by changes, the Contractor shall submit an
updated construction schedule, if requested by the Contract Administrator, within 7 Days of the
request. This updated schedule shall show how the Contractor proposes to perform the balance of
the Work, so as to complete the Work within the time specified in the Contract Documents.
.14 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.
.15 The Contractor shall promptly notify the Contract Administrator in writing if the subsurface conditions
observed in the Working Area differ materially from those indicated in the Contract Documents.
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.16 The Contractor shall arrange with the appropriate Utility authorities for the stake out of all
underground Utilities and service connections that may be affected by the Work. The Contractor
shall observe the location of the stake outs prior to commencing the Work and in the event that there
is a discrepancy between the location of the stake outs and the locations shown on the Contract
Documents, that may affect the Work, the Contractor shall immediately notify the Contract
Administrator and the affected Utility companies, in order to resolve the discrepancy. The Contractor
shall be responsible for any damage done to the underground Utilities and service connections 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 shall locate
on site those property bars, baselines, and benchmarks that are necessary to delineate the Working
Area and to layout the Work, all as shown on the Contract Drawings.
.02 The Contractor shall be responsible for the preservation of all property bars while the Work is in
progress, except those property bars that must be removed to facilitate the Work. Any other
property bars disturbed, damaged, or removed by the Contractor's operations shall be replaced
under the supervision of an Ontario Land Surveyor, at the Contractor's expense.
.03 At no extra cost to the Owner, the Contractor shall provide the Contract Administrator with such
materials and devices as may be necessary to layout the baseline and benchmarks, and as may be
necessary for the inspection of the Work.
.04 The Contractor shall provide qualified personnel to layout 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.
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.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 shall be carefully preserved by the Contractor. In the case of
their destruction or removal, such stakes, marks, and reference points shall be replaced at the
Contractor's expense.
,08 Benchmarks and survey monuments identified in the Contract Documents shall be protected by the
Contractor. In the case of their destruction or removal, such benchmarks and survey monuments
shall be replaced by the Owner at the Contractor's expense,
GC 7,03
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 the 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,
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GC 7.04
Damage by Vehicles or Other Equipment
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.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.
.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 7.05
Excess Loading of Motor Vehicles
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.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.B, 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 7.06
Condition of the Working Area
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.01 The Contractor shall maintain the Working Area in a tidy condition and free from the accumulation of
debris and prevent dust nuisance, mud, and pondlng water, other than that caused by the Owner or
others.
GC 7.07
Maintaining Roads and Detours
.01 Unless otherwise specified In the Contract Documents, if an existing Roadway is affected by
construction, It shall be kept open to both vehicular and pedestrian traffic.
.02 Subject to the approval of the Contract Administrator, the Contractor shall, at no additional cost to
the Owner, be responsible for providing and maintaining for the duration of the Work an alternative
route for both pedestrian and vehicular traffic through the Working Area In accordance with the OTM,
whether along the existing Highway under construction or on a detour road beside or adjacent to the
Highway under construction.
.03 Subject to the approval of the Contract Administrator, the Contractor may block traffic for short
periods of time to facilitate construction of the Work In accordance with the OTM. Any temporary
lane closures shall be kept to a minimum.
.04 The Contractor shall not be required to maintain a road through the Working Area until such time as
the Contractor has commenced operations or during seasonal shut down or on any part of the
Contract that has been accepted in accordance with these General Conditions. The Contractor shall
not be required to apply de-icing chemicals or abrasives or carry out snowplowlng.
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.05 Where localized and separated sections of the Highway are affected by the Contractor's operations,
the Contractor shall 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.
.06 Where the Contract Documents provide for or the Contract Administrator requires detours at specific
locations, payment for the construction of the detours and, if required, for the subsequent removal of
the detours, shall be made at the Contract prices appropriate to such work.
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.07 Compensation for all labour, Equipment, and Materials to do this Work shall be at the Contract
prices appropriate to the Work and, where there are no such prices, at negotiated prices.
Notwithstanding the foregoing, the cost of blading required to maintain the surface of such roads and
detours shall be deemed to be included in the prices bid for the various tender items and no
additional payment shall be made.
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.08 Where work under the Contract is discontinued for any extended period, including seasonal
shutdown, the Contractor shall, when directed by the Contract Administrator, open and place the
Roadway and detours in a passable, safe, and satisfactory condition for public travel.
.09 Where the Contractor constructs a detour that is not specifically provided for in the Contract
Documents or required by the Contract Administrator, the construction of the detour and, if required,
the subsequent removal shall be 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.
.10 Where, with the prior written approval of the Contract Administrator, the Highway is closed and the
traffic diverted entirely off the Highway to any other Highway, the Contractor shall, at no extra cost to
the Owner, supply, ered, and maintain traffic control devices in accordance with the aTM.
.11 Compliance with the foregoing provisions shall in no way relieve the Contractor of obligations under
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.
GC 7.08
Access to Properties Adjoining the Work and Interruption of Utility
Services
.01 The Contractor shall provide at all times and at no extra cost to the Owner,
a) adequate pedestrian and vehicular access; and
b) continuity of Utility seNices
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,
water and gas valves, and all other Utilities located in the Working Area.
.03 Where any interruptions in the supply of Utility seNices are required and are authorized by the
Contract Administrator, the Contractor shall give the affected property owners notice in accordance
with subsection GC 7.12, Notices by the Contractor, and shall arrange such interruptions so as to
create a minimum of interference to those affected.
GC 7.09
Approvals and Permits
.01 Except as specified in subsection GC 4.02, Approval and Permits, the Contractor shall obtain and
pay for any permits, licences, 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 7.09.01.
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GC 7.10
Suspension of Work
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.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, shall be administered according to subsection GC 3.07, Delays.
GC 7.11
Contractor's Right to Stop the Work or Terminate the Contract
GC 7.12
Notices by the Contractor
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.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 or
within 30 Days of an award by an arbitrator or court; or
c) the Owner violates the requirements of the Contract.
.04 The Contractor's written notice to the Owner shall advise that if the default is not corrected in the 7
Days immediately following 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 subsection GC 7.11, 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.
.01 Before work is carried out that 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.
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.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, Contract Administrator, and the owner of the works of the location and details of such
damage or interference.
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GC 7.13
Obstructions
.01 Except as otherwise noted in these General Conditions, the Contractor assumes ail 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 an underground 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 Contract Documents 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 con suit with Utiiity
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 Utilities from damage.
GC 7.14
Limitations of Operations
.01 Except for such work as may be required by the Contract Administrator tl:) maintain the Work in a
safe and satisfactory condition, the Contractor shall not carry out operations under the Contract on
Saturdays, Sundays, and Statutory Holidays without permission in writing from the Contract
Administrator.
.02 The Contractor shail cooperate and coordinate the Work with other Contractors, Utility companies,
and the Owner and they shail be allowed access to their work or plant at all reasonable times.
GC 7.15
Cleaning Up Before Acceptance
.01 Upon attaining Substantial Performance of the Work, the Contractor shail remove surplus materials,
tools, construction machinery and equipment not required for the performance of the remaining
Work. The Contractor shail 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.
GC 7.16
Warranty
.01 Unless otherwise specified in the Contract Documents for certain Materials or components of the
Work, the Contractor shall be responsible for the proper performance of the Work only to the extent
that the design and standards permit such performance.
.02 Subject to the previous paragraph the Contractor shail correct promptly, at no additional cost to the
Owner, defects or deficiencies in the Work that 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,
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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 in the Contract Documents for certain Materials or
some of the Work.
The Contract Administrator shall 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 7.16.02.
GC7.17
Contractor's Workers
.01 The Contractor shall only employ orderly, competent, and skillful workers to do the Work and
whenever the Contract Administrator shall inform the Contractor in writing that any worker or workers
involved in the Work are, in the opinion of the Contract Administrator, incompetent, or disorderly
such worker or workers shall be removed from the work and shall not be employed on the work
again withOut the consent in writing of the Contract Administrator.
GC 7.18
Drainage
.01 During construction and until the Work is completed, the Contractor shall make all reasonable efforts
to keep all portions of the Work properly and efficiently drained, to at least the same degree as that
of the existing drainage conditions.
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SECTION GC 8.0 - MEASUREMENT AND PAYMENT
GC 8.01
Measurement
GC 8.01.01
Quantities
.01 The Contract Administrator shall make an Estimate once a month, in writing, of the quantity of Work
performed. The first Estimate shall be the quantity of Work performed since the Contractor
commenced the Contract, and every subsequent Estimate, except the final one, shall be of the
quantity of Work performed since the preceding Estimate was made. The Contract Administrator
shall 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 Payment Certificate shall be based on the
measurement of Work completed.
.03 Measurement of the quantities of the Work performed may be either by Actual Measurement or by
Plan Quantity principles as indicated in the Contract. Adjustments to Plan Quantity measurements
shall 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 or lump sum.
GC 8.01.02
Variations in Tender Quantities
.01 Where it appears that the quantity of Work to be done or Material to be supplied or both by the
Contractor under a unit price tender item may exceed or be less than the tender quantity, the
Contractor shall proceed to do the Work or supply the Material or both required to complete the
tender item and payment shall be made for the actual amount of Work done or Material supplied or
both 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 or Material supplied or both 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 or Material supplied or both 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 actual cost of doing the Work or supplying the Material or both 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 or Material supplied or both 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 shall be
paid.
Written requests for compensation must be received no later than 60 Days after the issuance of the
Completion Payment Certificate.
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GC 8.02
GC 8.02.01
Payment
Price for Work
.01 Prices for the Work shall be full compensation for all labour. Equipment and Material required in its
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 anyone item and without specified details of
payment shall be deemed to be included in the items with which it is associated.
GC 8.02.02
Advance Payments for Material
.01 The Owner shall 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 deliver the Material to a site approved by the Contract Administrator and
the Contractor shall, in advance of receipt of the shipment of the Material, arrange for adequate
and proper storage facilities.
b) The value of aggregates. processed and stockpiled, shall be assessed by the following
procedure:
i. Sources Other Than Commercial
(1) Granular A, B, BI, BII, Bill, M, and 0 shall be assessed at the rate of 60% of the
Contract price.
(2) Coarse and fine aggregates for hot mix asphaltic concrete, surface treatment and
Portland cement concrete shall be assessed at the rate of 25% of the Contract price for
each aggregate stockpiled.
ii. Commercial Sources
Payment for separated coarse and fine aggregates shall 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 shall not be made.
c) Payment for all other materials, unless otherwise specified elsewhere in the Contract
Documents, shall be based on the invoice price, and the Contractor shall submit proof of cost to
the Contract Administrator before payment can be made by the Owner.
d) The payment for all Materials shall be prorated against the appropriate tender item by paying for
sufficient units of the item to cover the value of the material. Such payment shall not exceed
80% of the Contract price for the item.
e) All Materials for which the Contractor wishes to receive advance payment shall be placed in the
designated storage location immediately upon receipt of the material and shall thenceforth be
held by the Contractor in trust for the Owner as collateral security for any monies advanced by
the Owner and for the due completion of the Work. The Contractor shall not exercise any act of
ownership inconsistent with such security, or remove any Material from the storage locations,
except for inclusion in the Work, without the consent, in writing, of the Contract Administrator.
f) Such materials shall remain at the risk of the Contractor who shall be responsible for any loss,
damage, theft, improper use, or destruction of the material however caused.
.02 Where the Owner makes advance payments subject to the conditions listed in paragraph GC
8.02.02.01, such payment shall not constitute acceptance of the Material by the Owner. Acceptance
shall only be determined when the material meets the requirements of the appropriate specification.
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GC 8.02.03
GC 8.02.03.01
Certification and Payment
Progress Payment Certificate
.01 The value of the Work performed and Material supplied shall be calculated once a month by the
Contract Administrator in accordance with the Contract Documents and clause GC 8.01.01,
Quantities.
.02 The progress Payment Certificate shall show,
a) the quantities of Work performed;
b) the value of Work performed;
c) any advanced payment for Material;
d) the amount of statutory holdback, liens, Owner's set-off;
e) the amount of GST, as applicable; and
f) the amount due to the Contractor.
.03 One copy of the progress Payment Certificate shall be sent to the Contractor.
.04 Payment shall be made within 30 Days of the Cut-Off Date.
GC 8.02.03.02
Certification of Subcontract Completion
.01 Before the Work has reached the stage of Substantial Performance, the Contractor may notify the
Contract Administrator, in writing that a subcontract is completed satisfactorily and ask that the
Contract Administrator certify the completion of such subcontract.
.02 The Contract Administrator shall issue a Certificate of Subcontract Completion, if the subcontract
has been completed satisfactorily, and all required inspection and testing of the works covered by
the subcontract have been carried out and the results are satisfactory.
.03 The Contract Administrator shall set out in the Certificate of Subcontract Completion the date on
which the subcontract was completed and, within 7 Days of the date the subcontract is certified
complete, the Contract Administrator shall 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 shall 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 shall release the Owner from all
further claims relating to the subcontract, qualified by stated exceptions such as holdback
mon ies;
b) evidence satisfactory to the Contract Administrator that the Subcontractor has discharged all
liabilities incurred in carrying out the subcontract;
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c) a satisfactory clearance certificate or letter from the Workplace Safety and Insurance Board
relating to the subcontract; and
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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), shall only apply to Lump Sum Items and then only when the
Contract Administrator specifically requests it.
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.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 when the Contract Administrator has verified that the
Contract has been substantially performed, the Contract Administrator shall issue a Certificate of
Substantial Performance.
.02 Upon verifying that the Contract has been substantially performed, the Contract Administrator shall
issue a certificate of Substantial Performance and shall 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 shall 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.SO. 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
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 shall 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 shall 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;
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d) the amount of maintenance security required; and
e) the amount due the Contractor.
.03 Payment of the amount certified shall be made within 30 Days of the date of issuance of the
payment certificate.
.04 The Substantial Performance Statutory Holdback Release Payment Certificate shall 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:
a) a release by the Contractor In a form satisfactory to the Contract Administrator releasing the
Owner from all further claims relating to the Contract, qualified by stated exceptions such as
outstanding work or matters arising out of subsection GC 3.13, 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 hold backs 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 Administrator has verified that the
Contract has reached Completion, the Contract Administrator shall issue a Completion Certificate.
.02 The Contract Administrator shall set out in the Completion Certificate the date on which the Work
was completed and, within 7 Days of signing the said certificate, the Contract Administrator shall
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 shall
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 shall 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 shall 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 Construction Lien Act and the submission by the
Contractor of the following documents:
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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.
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; and
g) Completion Statutory Holdback Release Payment Certificate: 76 Days after the date certified as
the date that the Work was completed.
.02 If the Contractor has not complied with the requirements of the Contract, including all documentation
requirements, prior to expiration of the time periods described in paragraph GC 8.02.03.09.01,
interest shall only begin to accrue when the Contractor has completed those requirements.
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GC 8.02.03.10
Interest for Negotiations and Claims
.01 Except as hereinafter provided. where a notice of negotiation. notice of intent to claim and the
subsequent claims are submitted in accordance with the time limits or procedure or both described
by subsection GC 3.13, Claims, Negotiations. Mediation. the Owner shall 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 shall 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 3.13, 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 3.13.03.03 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 that have not been determined in writing by the Contractor's
insurer, undetermined claims by the Owner under paragraph GC 8.01.02.01 a), any assessment due
the Workplace Safety and Insurance Board, and any monies to be paid to the workers in accordance
with clause GC 8.02.06, Payment of Workers.
.02 Under these circumstances the Owner will give the Contractor appropriate notice of such action.
GC 8.02.03.12
Delay in Payment
.01 The Owner shall not be deemed to be in default of the Contract provided any delay in payment does
not exceed 30 Days from the due dates as defined in paragraph GC 8.02.03.09.01.
GC 8.02.04
Payment on a Time and Material Basis
GC 8.02.04.01
Definitions
.01 For the purpose of clause GC 8.02.04 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, and 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 suppiied 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.
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Payroll Burden means the payments in respect of workplace insurance, vacation pay, employment
insurance, public liability and property damage insurance, sickness and accident insurance, pension fund,
and such other welfare and benefit payments forming part of the Contractor's normal labour costs.
Rented Equipment means equipment that is rented or leased for the special purpose of Work on a Time
and Material Basis from a person, firm, or corporation that is not an associate of the lessee as the word
"associate" is defined by the Securities Act, R.S.O. 1990, c.S.5, as amended, and is approved by the
Contract Administrator.
Road Work means the preparation, construction, finishing, and construction maintenance of roads,
streets, Highways, and parking lots and includes all work incidentals 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 that is not considered Working Time and which together with the
Working Time does not exceed 10 hours in anyone 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.
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, that is current at the time the
work is carried out or for Equipment that is not so listed, the rate that has been calculated by the Owner,
using the same principles as used in determining The 127 Rates.
Work on a Time and Material Basis means Changes in the Work, Extra Work, and Additional Work
approved by the Contract Administrator for payment on a Time and Material basis. The Work on a Time
and Material Basis shall be subject to all the terms, conditions, Standard 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 representative or the
Contract Administrator reporting the labour and Equipment employed and the Material used on each
Time and Material project, should be reconciled and signed each Day by both the Contractor's
representative and the Contract Administrator. If it is not possible to reconcile the Daily Work
Records, then the Contractor shall submit the un-reconciled Daily Work Records with its claim,
whereby the resolution of the dispute about the Daily Work Records shall not be resolved until there
is a resolution of the claim.
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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 shall pay the Contractor for labour employed on each Time and Material project at 135%
of the Cost of Labour up to $3,000, then at 120% of any portion of the Cost of Labour in excess of
$3.000.
.02 The Owner shall make payment in respect of Payroll Burden for Work on a Time and Material Basis
at the Contractor's actual cost of Payroll Burden.
.03 At the Owner's discretion, an audit may be conducted in which case the actual Payroll Burden so
determined shall be applied to all Time and Material work on the Contract.
GC 8.02.04.05
Payment for Material
.01 The Owner shall pay the Contractor for Material used on each Time and Material project at 120% of
the Cost of the Material up to $3,000, then at 115% of any portion of the Cost of Material in excess
of $3,000.
GC 8.02.04.06
GC 8.02.04.06.01
Payment for Equipment
Working Time
.01 The Owner shall 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 $1 0,000; and
c) Cost greater than $ 20,000 - $19,000 plus 80% of the portion in excess of $20,000.
.02 The Owner shall 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 shall be waived when the Contract
Administrator approves the invoice price prior to the use of the Rented Equipment.
.03 The Owner shall pay the Contractor for the Working Time of Operated Rented Equipment used on
the 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.
GC 8.02.04.06.02
Standby Time
.01 The Owner shall 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 shall pay reasonable costs for Rented
Equipment where this is necessarily retained in the Working Area for extended periods agreed to by
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the Contract Administrator. This shall include Rented Equipment intended for use on other work, but
has been idled due to the circumstances giving rise to the Work on a Time and Material Basis.
.02 In addition, the Owner shall include the Cost of Labour of operators or associated labourers who
cannot be otherwise employed during the standby period or during the period of idleness caused by
the circumstances giving rise to the Work on a Time and Material Basis.
.03 The Contract Administrator may require Rented Equipment idled by the circumstances giving rise to
the Work on Time and Material Basis to be returned to the lessor until the work requiring the
equipment can be resumed. The Owner shall pay such costs as a result from such return.
.04 When Equipment is transported, solely for the purpose of the Work on a Time and Material Basis, to
or from the Working Area on a Time and Material basis, payment shall be made by the Owner only
in respect of the transporting units. When Equipment is moved under its own power it shall be
deemed to be working. The method of moving Equipment and the rates shall be subject to the
approval of the Contract Administrator.
GC 8.02.04.07
Payment for Hand Tools
.01 Notwithstanding any other provision of this Section, no payment shall be made to the Contractor for
or in respect of Hand Tools or equipment that are tools of the trade.
GC 8.02.04.08
Payment for Work By Subcontractors
.01 Where the Contractor arranges for Work on a Time and Material Basis, or a part of it, to be
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 3.09,
Subcontracting by the Contractor, the Owner shall 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 $1 0,000.
.02 No further markup shall be applied regardless of the exlent 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 shall 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 Accounts on a Time and Material Basis." Each summary shall include the Change
Directive or Change Order number and covering dates of the work and shall itemize separately the
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 .
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.03 Each month the Contract Administrator shall 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 C01tractor's invoice of the Work on
a Time and Material Basis.
.04 The final "Summary for Payment of Accounts on a Time and Material Basis" shall be submitted by
the Contractor within 60 Days after the completion of the Work on a Time and Material Basis.
GC 8.02.04.10
Payment Other Than on a Time and Material Basis
.01 Clause GC 8.02.04 does not preclude the option of the Contract Administrator and the Contractor
negotiating a Lump Sum Item or unit price payment for Change in the Work, Extra Work, and
Additional Work.
GC 8.02.04,11
Payment Inclusions
.01 Except where there is agreement in writing to the contrary, the compensation, as herein provided,
shall be accepted by the Contractor as compensation in full for profit and all costs and expenses
arising out of the work, including all cost of general supervision, administration, and management
time spent on the work, and no other payment or allowance shall be made in respect of such work.
GC 8.02.05
Final Acceptance Certificate
.01 After the acceptance of the Work, the Contract Administrator shall issue the Final Acceptance
Certificate, or, where applicable, after the Warranty Period has expired. The Final Acceptance
Certificate shall 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.
.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 oftime.
.02 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.
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GC 8.02.08
Taxes
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.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
shall increase or decrease Contract payments to account for the exact amount of tax change
involved.
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.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.
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.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.
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.04 Changes in Canadian Federal or Provincial taxes that 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 that do not form part of the Work.
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GC 8.02.09
Liquidated Damages
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.01 When liquidated damages are specified in the Contract and the Contractor fails to complete the
Work in accordance with !he Contract, the Contractor shall pay such amounts as are specified in the
Contract Documents.
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A-I
CONTRACT NO.
07l09-C
THIS AGREEMENT MADE IN TRIPLICATE THIS
24th
DAY OF
March
,2008
BETWEEN:
Municipality of Kincardine
1475 Concession 5, R. R. 5
Kincardine, ON
N2Z 2X6
(hereinafter called "the Owner")
OF THE FIRST PART
- and-
Lavis Contracting Co. Limited
R. R. #2
37462A Huron Road
Clinton, ON NOM lLO
(hereinafter called "the Contractor")
OF THE SECOND PART
WITNESSETH
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:
Municipality of Kincardine, Smith Street and Webster Street, Tiverton, Contract No.
07l06-C
b) The Contractor shall, except as otherwise specifically provided, at his own expense,
provide all and every kind oflabour, 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 govern in the following
order; namely,
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A-2
a) Agreement
b) Addenda
c) Special Provisions
d) Contract Drawings
e) Information to Bidders
f) 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
Two Hundred and Eighty Four Thousand, Five Hundred and Thirteen Dollars and Twenty Five
Cents (284,513 .25)
subj ect 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
Consulting Engineers
62 North Street
Goderich, Ontario. N7A 2T4
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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.
ARTICLE 6
A copy of each of the General Conditions, Supplemental General Conditions, Special Provisions,
Addenda, Tender, Information to Bidders, and Supplemental Specifications is hereto annexed
and together 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.
ARTICLE 9
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.
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A-4
ARTICLE 10
This contract shall apply \0 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:
c...--
Jf\d~v
itle
-4~:\ 7/015
ate
I/We have the authority to bind the corporation.
.:-u~o\ _~, ;?"DQ'A(7Jl
Signature
~ ).. ::(nv '^ .0U
Name
(' AO
Title
Aft(\}-t r alL
uate
I/We have the authority to bind the corporation.
ebON .7. J.lIlJ/'s
Name
111 c E. f'n...a.s I Wt..lT
Title
nAILCH eM; ;"008'
Date
I/We have the authority to bind the corporation.
Signature
Name
Title
Date
I/We have the authority to bind the corporation.
F :\wp\Contracts\F orms\A-1 ~4.doc
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Page 1
MUNICIPALITY OF KINCARDINE
NOTICE TO ALL CONTRACTORS
CORPORATE STATEMENT
OCCUPATIONAL HEALTH AND SAFETY
The Corporation of the Municipality of Kincardine is committed to ensuring that a high standard
of health and safety is provided and maintained for all employees' visitors, guests, contractors,
agents and others on our premises.
Accordingly, a corporate health and safety policy and procedure manual has been adopted and
implemented and shall be adhered to.
ALL CONTRACTORS SHALL:
I. Demonstrate establishment and maintenance of health and safety program with objectives
and standards consistent with applicable legislation and with the Municipality of
Kincardine's health and safety policies and requirements.
2. Submit a copy of past accident records and Worker's Compensation Board Number.
3. Include health and safety provisions in their management systems to reach and maintain
consistently a high level of health and safety.
4. Ensure that workers in their employ are aware of hazardous substances that may be in use
at their place of work and wear appropriate personal protective equipment as may be
required.
5. Upon request at any time from award to completion of contract, submit proof of
fulfilment of above responsibilities.
6. Must comply with Workplace Safety Insurance Board (WSIB) premiums.
7. The Contractor shall sign-off on the corporate occupational health & safety form stating
his agreement to comply.
Your co-operation and assistance in this matter is appreciated and vital to the Health and Safety
ofal!.
F:\wp\Contracts\Fonns\KINCARDrNE Health and Safety Form.doc
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Page 2
MUNICIPALITY OF KINCARDINE
OCCUPATIONAL HEALTH AND SAFETY COMPLIANCE FORM
I have read the "Municipality of Kincardine, Notice to All Contractors, Corporate Statement of
Occupational Health and Safety" and agree to comply with it.
Contractor's Name
Date
F:\wp\Contracts\Forms\KINCARDlNE Health and Safety Form.doc
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CONTRACT RELEASE
IN THE MATTER of a Contract dated
,20_,
known as Contract
for the construction of
in the
, Ontario
KNOW ALL MEN BY THESE PRESENTS that I/We
(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 may be, 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 1/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;
I) 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
F:\wp\Comracts\Forms\Colltract Release.doc
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STATUTORY DECLARATION RE LIENS & LIABILITIES
DOMINION OF CANADA (IN THE MATTER of a contract, known as Contract
(entered into between
(
( AND
(
(dated
(for the construction of
(
(in
the owner
the Contractor
20
Ontario.
TO WIT:
I,
Province of
of
in the
do solemnly declare:
] . That I am
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 ifmade 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 Commissioner, etc. or Notary Public
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STATUTORY DECLARATION RE PAYMENT OF ACCOUNTS
DOMINION OF CANADA (IN THE MATTER of a contract, known as Contract
(entered into between
(
( AND
(
(dated
(for the construction of
(
(in
the Owner
the Contractor
,20_
, Ontario.
TO WIT:
I,
Province of
of
in the
, do solemnly declare:
1. That I am
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
Outstandin
Total
(If there are no accounts, enter "NONE" above)
AND] 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
A.D. 20
)
)
day of
)
)
)
)
A Commissioner, etc. or Notary Public
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Varies l
BOULEVARO
2 ta8l1
-
Slape 2 to 411
<!;
',6
511-
J'~"
, a:,
5
........
, ]mo
v ~
c v
...".. X "
. ~:
" . ,4: I- '0
,
, a:
;-.:r"
. ",1/." "
. ',-4
;
"
. ~.'
DUMMY JOINT
5-11-
~5T
......... "04'
.. '.. A:'
~ =
v 0
c ~
~ v
.~ '0
~ 'w
~o
"
a:',
;......
. ".f.' "
,~
L'
. . '.,~
~. "it. ".." ,. . J.
CONTRACTION JOINT
R5mm
Typ 5
",'~ ,'\: i[l
.".,. .::! CI)
....,4 .!:
. '". II' . . q. . p.",:.J I- '0
-11- 12mm expansion
joint material
EXPANSION JOINT
1.5m
Note 2
.....4. ."
".,"=,,' f"
R5
125mm R5
Note 1
0.3m
min
- Slope as specified
Concrete
sidewalk
2t010ll
-
..:.....
"- Subgrade or granular
base as specified
TYPICAL SECTION
NOTES:
1 Sidewalk thickness at residential driveways
and adjacent to curb shall be 150mm.
At commercial and industrial driveways,
the thickness shall be 200mm.
2 Sidewalk width shall be increased to
204m at schools, bus stops, and other
high pedestrian areas.
Curb and gutter
BOULEVARD
Expansion
joints
Sidewalk bay
Dummy
joints
Typ
Contraction
joints, Typ ......
JOINT LAYOUT
A This OPSD to be read in conjunction
with OPSD-31 0.030.
B All dimensions are in millimetres
unless otherwise shown.
ONTARIO PROVINCIAL STANDARD DRAWING
Nov 2005
CONCRETE SIDEWALK
OPSD
310.010
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Stop or yield
street
Stop or yield .'.
street
": 1.5m
. .:.: Typ
Through street
Expansion joint
Curb and gutter material, Typ
Through street
UNSIGNALlZED INTERSECTIONS
Bock of sidewalk 7
~;~anSion jOint7. rDireCtiOnal lines
~r1\~;-
L -L -L JLcurb and
gutter
-1.0 1.5 1.0
Gutter line
RAMP ELEVATION
Finished rood
surface
Expansion joint material
Curb and gutter
Directional lines
0.3m apart and
1.5m long - min
Typ
Curb and gutter
SIGNALIZED INTERSECTIONS
2.5m
Back of
sidewalk
'I' : ~'.. ",'
Slope 8% moX 5~ desirable
. ,1 . :;. : ;, . ....~.
,'.,Il .
L'50mm min
j " ~".;,,".'
Curb and gutter
as specified
1YPICAL RAMP SECTION
Sidewalk ramp
..", .
...; f/ :" ..,.
OJ :". . 4~ f. ~
NOTES:
A Directional lines shall be 1 Oxl Omm made
with grooving tool having a 15mm radius.
B All dimensions are in millimetres or
metres unless otherwise shown.
ONTARIO PROVINCIAL STANDARD DRAWING
CONCRETE SIDEWALK RAMPS
AT INTERSECTIONS
Date
OPSD
310.030
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See Table
r-
~
~
~
g
L Curb and gutter
Sidewalk
Entrance
Boulevard
Dropped
curb
600mm min
600mm min
300mm I 300mm
min A ~in
PLAN
Sidewalk
OAO
f/
Subolrnl
ISOMETRIC VIEW
r300mJ300m Vor
SW or SW and entrance
SWfEntrance
6.t AI
, 'vote 1
4%, Note
I 1 4%mox 8%
mox
2 4%, Note 2
6%, Note
Dropped curb
afr-
o, IV.
01.
SAG 7
SECTION A-A
DRIVEWAY DIMENSIONS
WIDTH
LAND USE m
NOTES:
1 Maximum upgrade shall be 1 D%. Residential
2 Maximum downgrade shall be 8%.
A All dimensions are in millimetres unless otherwise shown.
Sin Ie
Double
min max min max
3.0 4.3 6.0 7.3
ONTARIO PROVINCIAL STANDARD DRAWING
April 1999 Rev
URBAN RESIDENTIAL
ENTRANCE
OPSD
-------------------
820
A
",1 -I I 38
44 I 571- N i!l
Bt
N
"'
,
1021'
o
N
OJ
1021--1
'"
A
FRAME PLAN
657
623
I'-
2511-
----r
'"
o
t
N
o
11
40
Size and spacing. Typ
33 515111
~
'" 3--11-
N ~ 1--86
'<t
o 000
DDDDDD
T ct 490 0 0 0 0 0
~ mtJ 0 0 0 0 0
I to oE ld
I'- , ,
r-il 19mm dio hinge pin
b 20J-
'<t
o
.fc'"
'"
Ll51
I
N
"'
N OJ
,., "'
B L 10
,.- T'"
I'- "' 76
'" N
'" '"
II eo I' ----r
t '"
0
I'- -I
~
-152-1
OJ
"'
t
GRATE PLAN
N I,
"'
;i;l
-11-'5mm.Typ 9
SECTION C-C
1~17
SECTION A-A
See
Slot Oetoil
-1 105 I 610
~5'r- SECTION B-B
::\,\129
~~
t R14.5
SLOT DETAIL
f
'" N
N '"
~T
105 I- t
NOTES:
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 2007
CAST IRON, SQUARE FRAME WITH
SQUARE OVERFLOW TYPE FLAT GRATE FOR
CATCH BASINS, PERFORATED OPENINGS OPSD 400.110
-------------------
.0
L
~
o
-
o
v
o
~
Dropped curb
entrances
Typ
25
E"
Ev
"'~
",0
"'z
: _--?.s..",
:,:..,
...0:..1:.9-
. J'
..,.. ,
,
'"
'"
'.
'"'; ".f.
Note 3
"'I."
..,
'.
500
For flexible
pavement
Typ
For rigid pavement
25x75mm keyway
centred in concrete
base - Note 3 and 5
TANGENT
Thickness
of sidewalk
Typ
-,
/
i'
./
/
"..- :
../
:..J
.. ,
It:.:oo,
." : ~
E"
E v
o~
'" 0
"'z
width where
sidewalk is adjacent
to curb - Typ
LEGEND:
5 - Rate of pavement superelevation in percent. %.
25
E"
E v
"'~
'" 0
"'z
L
-300
/ 1>s:.
"'. 't".
:::" 't..
........., .",..
J .,
T~ Note 3
'.
-e
~
o
'0
v
o
o
"-
501-1501
5
,"I Q)
'I I JS
f ., .. .0
.. ... ;.."l g
. ..~ Note 3 -j ~
:,"~1
SUPERELEV A TED
NOTES:
1 Flexible and composite pavement shall be placed 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.
4 For composite pavement the depth of concrete curb to be adjusted to depth of concrete pavement.
5 When tie bars are specified. refer to OPSD 552.010 and 552.020 for details.
A Treatment at entrances shall be according to OPSD 351.010.
B Outlet treatment shall be according to the OPSD 610 Series.
C The transition from one curb type to another shall be a minimum length of 3.0m.
except in conjunction with guide
rail where it shall be occording
to the OPSD 900 Series.
D All dimensions are in millimetres
unless otherwise shown.
ONTARIO PROVINCIAL STANDARD DRAWING
Nov 2006
Rev 1
CONCRETE
WITH STANDARD
BARRIER CURB
GUTTER
100mm
Note 2
Typ
OPSD
600.040
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Curb with gutt~'-' D CURB with GUTTER 0 R
as specified I
Edge of pavement Type m m
Barrier 1.9 2.1
f Gutter line Semi-Mountable 2.5 2.8
Mountable 2.9 2.9
Back of curb
Elevation of top
of curb to follow
shoulder slope
TYPICAL PLAN VIEW
200 j - 450 1- 200
SECTION y-y
GUTTER
1-450
SECTION X-X
BARRIER CURB with
"' 0
" 0
j 300 450 3001-
SECTION Y-Y
CURB with GUTTER
o "'
- ...~J !B.....~..
/,"- ""L.~l.....~.. ~.;..
J 400 1-450 400 I-
SECTION X-X
MOUNTABLE CURB with
"' 0
" 0
~ ~
j 400 450
SECTION
GUTTER
4001-
Y-Y
NOTES:
A For spillway details refer to OPSD 605.040.
8 All dimensions are in millimetres unless otherwise shawn.
ONTARIO PROVINCIAL STANDARD DRAWING
Nav 2006
450 CONCRETE OUTLET
FOR CONCRETE CURB WITH GUTTER
OPSD 605.010
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Tapered top
See alternative C
'J
.,
&
.:
~1200
.
~
J
Riser sections
as required
Monolithic base with inlet
and outlet openings to suit
See alternatives A and B
J
'"
Bench or sump
as specified . ,.~,.
300mm, Typ -l . '"V ."d...; ,4'.':
G b dd' F'r.: ,.,!:""" '...". -..... ;:'.~" ...="1
ranular e mg L::-,,'-'.:.L._'a...~~.!.:"'..:::"1
NOTES:
1 The sump is measured from the lowest invert.
A Granular backfill shall be placed to a minimum
thickness of 300mm all around the
maintenance hole.
B Precast concrete components according
to OPSD-701.030. 701.031. or 701.032.
C Structure exceeding 5.0m in depth to include
safety platform according to OPSD-404.020.
D Pipe support according to OPSD-708.020.
E For benching and pipe opening details.
see OPSD- 70 1 .021.
F For adjustment unit and frame installation
see OPSD-704.010.
G All dimensions are nominal.
H All dimensions are in millimetres
unless otherwise shown.
ONTARIO PROVINCIAL STANDARD DRAWING
PRECAST CONCRETE
MAINTENANCE HOLE
1200mm DIAMETER
+
.
300mm
Note 1
J
. ..1>" :....~ '<2.~~'~';""'. '",,:"~' .."
r::.7'-"'~ -. .... ~ .......~.
l.:'~ . .~~.;..,~...;..~__~ :.:.....:..1
Granular
bedding
Bench or
sump as
specified
Bench or
sump as
specified
SUMP DETAIL
AL TERNA TIVES
Bottom riser section with
inlet and outlet openings to
.&
9>1200
.
': ....
..( + I.-
~. "., ... : -..<. . q;
p.: . f.,
r ." ".4'" "'
GrQ~;;r'l":'~:"':~-:..Ar..-.J
bedding
A PRECAST SLAB BASE
~
Riser
section
1150
.., Ir150
275
& . J 300
....._~.......-"......'-'JI
Ste~:~f~~;~;:t~'~~~~onUlor
os specified bedding
B CAST-IN-PLACE BASE
Flat cop
Riser
section
C PRECAST FLAT CAP
Nov 2004
OPSD
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B
r+
rr= ..
At ~
ib-..
l+
B
PLAN
II
~ jA
150mm
overlap, Typ
I
WWF
185mm2/m
each way
ALTERNATE STANDARD
HEIGHTS
ALTERNATIVE DIMENSION
A 1980
B 1830
C 1520
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I
Grate reference elevation
I
I 830
1151 16001
.fT
>
-115
115~
1
830~
1600-1 1115
I
.[. ~dl
. . ii ~ ~
~~
o
1
I
...., ..
f 'I:~_ v
:c Knockout
0
.... Typ
~ x
_ Note 2 "' m 0 Note 2
"'~ E
.- .c
250 v '"
"' .- E
v
'0 :c '"
~ ..f
0 '0
0- . '0 ~ 0-
0 C 0 0
1: 0 '0 1:
V ~ C v
> ~ 0 ~
0 0- ill
E E
E WWF " E v E
E 185mm2/m ~ 0 ~ E
0
00- E "' C 00-
"'>- each way <D ~ ~~
-.... . E 2
L 0 <( L
0
<D V
V
U1
, .
I
I
,
. ,
,
q."
Outlet hole
Nate 1
,
I
",
,
I
o .,: '"
'[:<.__>;.__......~.~....~ T 1---k:'~..;__;.~;_'J
-- ------- Granular ------ --
SECTION A-A bedding SECTION B-B
- 300mm
all sides
Typ
I
I
NOTES:
I
I
1 Outlet hole size 525mm diameter maximum,
location as required.
2 200mm diameter knockout to accommodate
subdrain. Knockout to be 60mm deep.
A Centre reinforcing in base slab and walls
,"20mm.
B Granular backfill to be placed to
a minimum thickness of 300mm 011
around the catch basin.
C Frame, grate, and adjustment units shall
be installed according to OPSD-704.010.
D Pipe support according to OPSD-708.020.
E All dimensions are nominal.
F All dimensions are in millimetres
unless otherwise shown.
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600x600mm
ONTARIO PROVINCIAL STANDARD DRAWING
Nov 2004
I
PRECAST CONCRETE CATCH BASIN
OPSD
705.010
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B
vertical ..,
horizontal
==n
At ~ t 1A
i.!::;:-.--.- 150mm overlap
Typ
Beam .-J
PLAN B
Grate reference elevation
'MOFll
115 - 6001250 - 600l -115
n
I
I
3-10M stirrups
@ 200mm
I
2-10M
t
'"
r-
'"
-1",
I IN
-115
2-15M
I
"
115-1 1- 600-1
BEAM DETAIL
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I
830
I
5"0
,- ~
t).!:=
~ ~
CIl 55 ~
~ ~
~
u>U>
jiC
..
'.~
~.
U>
~
'C
~
Beam
See Detail
. ,
E
E.~
gE
'"
.'
I
I
Knockout
Typ
Note 2
Outlet
Note 1
..,P
x
o
E
E
o
-i
I
250
f~
-+-'.2'
.>=~
0>:1:
'0;
'>='0
~
"E-8
0<=
'00
5V)
Ea.1il2
E E E g
8 ~ E ~
<0 o::!:::::
00<(
, 00
'V .d. 150"- ~
~' I-T-LUl
~/r------7/'i"r
SECTION B-B
". "" - ....
, ,
." I +-L.
.'., J I
, -\...
. I Note 2
1-
I
EO.
E.g
O~o.
",>"
_ 01-
..6
EO.
E.g
O~Q.
",>"
_ 01-
I
300mm-j
all sides I 6
Typ ~nr--:~--~~~~-:~----~~~
SECTION A-A
WWF
185mm 21m. each way
Granular
bedding
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NOTES:
1 Outlet hole size 525mm diameter maximum, location as required.
2 200mm diameter knockout to accommodate subdrain. Knockout to be 60mm deep.
A Centre reinforcing in base slab and walls :l:20mm.
B Granular backfill to be placed to a minimum thickness of 300mm all around
the catch basin.
G Frame, grote, and adjustment units shall be installed according to OPSD-704.010.
o Pipe support according to OPSD-708.020,
E All dimensions are nominal.
F All dimensions are in millimetres unless otherwise shown.
ALTERNATE STANOARD
HEIGHTS
ALTERNATIVE DIMENSION
A 1980
B 1830
C 1520
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ONTARIO PROVINCIAL STANDARD DRAWING
PRECAST CONCRETE
TWIN INLET CATCH BASIN
600 X 1450mm
Nav 2004
OPSD
705.020
-------------------
PIPE IN SUPPORTED -
EXCAVATION
PIPE IN UNSUPPORTED
EXCAVATION
Subgrade
Note 3, Typ
Support system
Typ
"-
~
"'"
C
ID
E
"0
ID
.0
E
w 150mm
min, Typ
E
Ex
00
oE
'"
TYPE 1 OR 2
SOIL
/
0.50
Note 1
Bedding grade
PIPE IN SUPPORTED
EXCAVATION
0.50
~~ ".- ~-
~'.' :--,'
:~~;~ ~:~; :~;: -~;
. .."...._. .J
Clearance
See table, Typ
300mm
/
I 0.50
Note 1
PIPE IN SUPPORTED -
EXCAVATION
- PIPE IN UNSUPPORTED
EXCAVATION
NOTES:
1 The pipe bed shall be compacted and 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 in the haunch area shall be compacted
priar to placing and compacting the remainder of the embedment
material.
B Soil types as defined in the Occupational Health and Safety Act and Regulations
for Construction Prajects.
C All dimensions are in metres
unless otherwise shown.
LEGEND:
o - Inside diameter
Subgrode
~;; ;.fJ,2:~:~!1~:!.jU?-J.\.X~:}0;
, .'. -..;. -'" Backfill material
For pipe culvert frost
treatment, Note 2
0.501
Note 1
Bedding grode
0.50
Clearance
mm
CLEARANCE TABLE
Pipe
Inside Diameter
mm
900 or less
Over 900
TYPE 4
SOIL
300
500
ONTARIO PROVINCIAL STANDARD DRAWING
FLEXIBLE PIPE
EMBEDMENT AND BACK~LL
EARTH EXCAVATION
Nov 2005
OPSD
802.010
-------------------
PIPE IN SUPPORTED
EXCAVATION
PIPE IN UNSUPPORTED
EXCAVATION
PIPE IN UNSUPPORTED
EXCAVATION
PIPE IN SUPPORTED
EXCAVATION
Note 4, Typ Subgrode
rlH.ftg?1;~~<;~ 1
'. -. . Backfill material
. ...... For pipe culvert frost treatment
300mm min, Typ :'. .
1 Note 3
Cover material
Support system
Typ
0.500
0.600
Note 2
1200mm mox, Typ
Compacted
bedding material
Note 1
CLASS B BEDDING
Bedding grode
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 compacted and shaped to receive the bottom of the
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 Occupational Health and Safety Act
and Regulations for Construction
Projects.
B All dimensions are in metres
unless otherwise shown.
pipe.
J:f?~f:?B
Clearance
See table, Typ
10.1500
,
Note 2
CLASS C BEDDING
LEGEND:
o - Inside diameter
00- Outside diameter
CLEARANCE TABLE
Pipe
Inside Diameter Clearance
mrn mm
900 or less
Over 900
300
500
ONTARIO PROVINCIAL STANDARD DRAWING
RIGID PIPE BEDDING,
COVER, AND BACKFILL
OR 2 SOIL - EARTH EXCAVATION
TYPE 1
Nov 2005
OPSD
802.030
-------------------
PIPE IN SUPPORTED
EXCAVATION
PIPE IN UNSUPPORTED
EXCAVATION
PIPE IN UNSUPPORTED
EXCAVATION
- PIPE IN SUPPORTED
EXCAVATION
Support system
Typ
Note 4-
Typ
0.500
0.500
;;~.~~~:~~~2::..;. .~-'
~;~~);:.~t:~.*~
0.500
Backfill material
For pipe culvert frost
treatment, Note 3
Cover material
300mm
Clearance
See table. Typ
10.1500
Note 1
Typ
Compacted
bedding material
Bedding grade
0.500
0.500
0.600
Note 2
0.500
Note 2
CLASS B BEDDING
CLASS C BEDDING
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 compacted and shaped to receive the bottom of the
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 Occupational Health and Safety Act
and Regulations for Construction Projects.
B All dimensions are in metres
unless otherwise shown.
LEGEND:
o - Inside diameter
00- Outside diameter
CLEARANCE TABLE
Pipe
Inside Diameter Clearance
mm mm
NOTES:
pipe.
Over 900
300
500
900 or less
ONTARIO PROVINCIAL STANDARD DRAWING
RIGID PIPE BEDDING,
COVER, AND BACKFILL
TYPE 3 SOIL - EARTH EXCAVATION
=N=W= ;o;~ =;~ =' ~
802.031
OPSD
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PIPE IN SUPPORTED
EXCAVATION
PIPE IN UNSUPPORTED
EXCAVATION
Note 4, Typ
0.500
0.500
/
0.600
Note 2
~: ~.; ,:, '~:';'-~:"., ~':./~ ~':-!~. :.:tp.:-.;-:-;....;:...; :,,-'::.':.~. '~l:-~ r.
. ',"'- ..,~.. Cover material :~~~ ~;-~-" ~~..7" ....:.. ~ 1
1.5 -:''':;'''_''. ~'..: :~.,,,...
. ~1 -'.," ..... 3
.~; ....;...;:-,..:.:.;! ;.':
. . !;-':- Backfill material
For pipe culvert frost
C t d treotment, Note 3
ompac e
bedding material
Bedding
grade
0.500
Support system
Note 5, Typ
Note 1 J
CLASS B BEDDING
PIPE IN UNSUPPORTED
EXCAVATION
PIPE IN SUPPORTED
EXCAVATION
Subgrade
0.500
Backfill material
For pipe culvert frost
treatment. Note 3
Clearance
See table, Typ
Cover material
. ".,' .....;. ~
L Note 1
/
Compacted
,. " bedding material
t Bedding grade
0.500
Note 2
0.500
CLASS C BEDDING
CLEARANCE TABLE
Pipe
Inside Diameter Clearance
mm mm
LEGEND:
f} - Inside diameter
Of} - Outside diameter
900 or less
Over 900
300
500
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 compacted and 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 Occupational Health and Safety Act
and Regulations for Construction Projects.
B All dimensions are in metres unless otherwise shown.
ONTARIO PROVINCIAL STANDARD DRAWING
RIGID PIPE BEDDING,
COVER, AND BACKFILL
TYPE 4 SOIL - EARTH EXCAVATION
Nov 2005 Rev 1
OPSD
I
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Fittings or radius bends
as requ ired
min
150mm
min
"I
EI
-10
€IO ~
Q) 1...._
O-I~ ~
e168-
0.. ::; 0
"-- Backfill ----.
as specified "'.
I
150mm min
,
,
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100mm
min
I
Bedding and cover
as specified
100 to 150mm dia
as specified
Watertight cap or plug
as specified, Note 3
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CONNECTION WITHOUT VERTICAL RISER
I
" Slape 2%
"-- Backfill 8% max
as specified ~
150mm min
I
150mm min
"
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Fittings or radius bends
as required
Bedding and cover
as specified
100mm min
100 to 150mm dia
as specified
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2
1
Watertight cap or plug
as specified, Note 3
I
CONNECTION WITH VERTICAL RISER
I
NOTES:
I
Service connections to the main pipe sewer shall be made using factory mode tees. strap-an-saddles.
or other approved saddles.
Factory made tees shall be used for all service connections where the diameter of the main pipe sewer is:
a) iess than 450mm; or
b) less than twice the diameter of the service connection.
2 Vertical risers shall be as specified.
3 Cap or plug at property line sholl be adequately braced to withstand testing pressures.
A Maintenance holes sholl be used at the main sewer to connect service connections greater than
or equal to 200mm.
B For new construction, saddles must be installed on the main pipe before that pipe is laid.
e Approved cut-in tool must be used for field made connections.
o All dimensions are in millimetres unless otherwise shown.
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SEWER SERVICE
FOR RIGID MAIN
CONNECTIONS
PIPE SEWER
ONTARIO PROVINCIAL STANDARD DRAWING
Nov 2005
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OPSD
1006.010
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'\.
Backfill ------..
as specified '0
Slope 2%
8% max
150mm min
~t(J)
'-=10"
-?1.....!!1
C1)1Q):-!=
Q.I~ ~
f:lo a.
a..::;:",
Note 1
Fittings or radius bends
as required
,
,
1 OOmm min
Bedding and cover
as specified
100 to 150mm dia
as specified
Watertight cap or plug
as specified, Note 2
150mm min
NOTES:
1 Service connections to the main pipe sewer shall be made using
factory made tees or wyes, strap-on-saddles, or other approved
saddles. Factory made tees or wyes shall be used for all service
connections where the diameter of the main pipe sewer is:
a) less than 450mm; or
b) less than twice the diameter of the service connection.
2 Cap or plug at property line shall be adequately braced to withstand
testing pressures.
A Maintenance holes shall be used at the main sewer to connect
service connections greater than or equal to 200mm.
B For new construction, saddles must be installed on the main pipe
before that pipe is laid.
C Approved cut-in tool must be used for field made connections.
D All dimensions are in millimetres unless otherwise shown.
ONTARIO PROVINCIAL STANDARD DRAWING
Nov 2005
SEWER SERVICE CONNECTIONS
FOR FLEXIBLE MAIN PIPE SEWER
OPSD
1006.020
-------------------
100m
0.5m
TEMPORARY RAMPING PLACED
WHEN BASE COURSE ONLY IN
ASPHALT CONTRACT
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EXISTING
ASPH AL T
BASE COURSE ASPHALT
[REMOVE EXISTING ASPHALT
TO DEPTH OF SURFACE COURSE
PRIOR TO PAVING SURFACE
REMOVE RAMPING
PRIOR TO PLACING
SURFACE COURSE
TEMPORARY
PAPER
JOINT
MA TERIAL
BMROSS STANDARD DRAWING
DATE OF REVISION - Jan, 2004
SCALE: N.T.S.
~!nM~Qm~!
Asphalt Joint Detail for
Transverse Joints
DRAWING No. 208
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Ul
w
ii"
<(
>
200 mm to 300 mm
ADAPTOR DETAIL
SMOOTH WALL
POLYETHYLENE
PIPE RISER
VARIES 1.0m MIN.
TEE
300 mm NDS GRATE
C/W SCREWS
POLYETHYLENE PIPE ADAPTOR
AVAILABLE 200 TO 300
WHERE REQUIRED
BMROSS STANDARD DRAWING
~!nOOI!Qm~!
Polyethylene Inline Catch Basin
/
90' BEND
FOR PIPE SIZE
SEE CONTRACT DRAWINGS
AND/OR TENDER FORM
DATE OF REVISION - Jan, 2004
SCALE: N.T.S.
DRAWING No. 700
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BACK OF CURB
TYP
CURB
FACE
OF CURB
~~
GU TTER
EP j
A+-
5Dmm PVC DRAIN
--.tA
5Dmm PVC ORAl
PLAN
TOP OF CURB
HL-3 SURFACE
COURSE (FUTURE)
HL-4 BINDER
COURSE
SAW CUT
OR JOI N T, TYP
TEMPORARY RAMPING
FRAME TO BE SET IN A
FULL MORTAR BED
,.
GRANULAR BASE
... '. .#:
...- .
~ ',~:(
~.:.::"'~'
~,,,:..:(
,i ,--:(
.j :~~~~:.
ADJUSTMENT UNITS
(3 TYP)
Dmm PVC DRAIN
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NOTES:
SECTION A-A
1. TEMPORARY DRAIN TO BE USED WITH ALL STORM SEWER STRUCTURES LOCATED IN GUTTER LINE.
2. TEMPORARY DRAIN TO BE PLUGGED USING 3DMPa CONCRETE PRIOR TO THE SURFACE COURSE
ASP HAL T BEING PLACED.
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BMROSS STANDARD DRAWING
DATE OF REVISION - Jan, 2004
SCALE: N.T.S.
Temporary Catch Basin Drain
SOmm PVC Drain e/W Ramping
DRAWING No. 702
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VARIES
1.20m 1.50m O.45m
Proposed Sidewalk
From lois SlrHtto Elizabeth St......1. Approxlmstely 170m
North side of King Slnl&l.
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FILL
150mm(min) GRANULAR 'A'
King Street
Tiverton
Sidewalk Construction
TYP'lcal Crose Section For
Proposed Sidewalk
CONTRACT No. PROJECT No.
07106-C 07106
SCALE
N.T.8.
FIGURE No.
1
ASSIGNMENT OF LEASE
THE UNDERSIGNED HEREBY ASSIGNS ALL OF ITS INTERESTS, RIGHTS,
AND TITLE IN THE LEASE AT THE MUNICIPALITY OF KINCARDINE
AIRPORT AND MORE FULLY DESCRIBED IN SCHEDULE 'A' OF THE
AGREEMENT, IN FAVOUR OF MATCHETT FINANCIAL INVESTMENTS INC.
DATED AT KINCARDINE, THIS '1>+ DAY OF OCTOBER, 2008
:;:CH~TMENTS INC
TITLE: '
I have the authority to bind the corporation