Loading...
HomeMy WebLinkAbout16 082 Marina Retaining Wall (VanDriel Excavating Inc.) Tender Acceptance By-law THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE 0 . KBT R�1�,� °'AUIY OF KIND' B - LAW NO. 2016 - 082 BEING A BY -LAW TO ACCEPT A TENDER FOR THE MARINA RETAINING WALL (VanDriel Excavating Inc.) 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 there is a need for the construction of a new retaining wall at the Kincardine Marina as outlined in Report REC 2016- 07; NOW THEREFORE the Council of The Corporation of the Municipality of Kincardine ENACTS as follows: 1. That the tender of VanDriel Excavating Inc. for the construction of a new retaining wall at the Kincardine Marina, in the amount of $70,181.60 (includes the non - refundable portion of HST), be hereby accepted. 2. That the Mayor and Chief Administrative Officer be authorized and directed to execute on behalf of The Corporation of the Municipality of Kincardine, any contracts and other documents required to authorize such work to • commence. 3. This by -law shall come into full force and effect upon its final passage. 4. This by -law may be cited as the "Marina Retaining Wall (VanDriel Excavating Inc.) Tender Acceptance By -law ". READ a FIRST and SECOND TIME this 6th day of July, 2016. READ a THIRD TIME and FINALLY PASSED this 6th day of July, 2016. Y/ W43'VVU ikatZL/ Mayor Clerk • Marina Retaining Wall (VanDriel Excavating Inc.) Tender Acceptance By -law By -Law No. 2016 - 082 CONTRACT DOCUMENT: VanDriel Excavating Inc. Project: Municipality of Kincardine construction of Retaining Wall At The Kincardine Marina (VanDriel Excavating Inc.) Contract No. 09083 Refer to Article A -1, Article 11, A -4 for signed contract (Page 102 in Laserfiche) Between Municipality of Kincardine and VanDriel Excavating Inc. 37594 Telephone Road P.O. Box 339 Clinton, ON NOM 1Lo Filed under separate cover in Administration File — C01 in Central Records: Titled: Municipality of Kincardine By -Law No. 2016 - 082 BEING A BY -LAW TO ACCEPT A TENDER FOR THE MARINA RETAINING WALL (VanDriel Excavating Inc.) Cited as: Marina Retaining Wall (VanDriel Excavating Inc.) Tender Acceptance By -law Dated: 6 th day of July, 2016 B 1 engineering better communities B. M. ROSS AND ASSOCIATES LIMITED Engineers and Planners 62 North Street, Goderich, ON N7A 2T4 File No. 09083 p. (519) 524 -2641 • f. (519) 524 -4403 www.bmross.net July 20, 2016 Karen Kieffer, Director of Parks & Recreation Municipality of Kincardine 601 Durham Street Kincardine, ON N2Z 1L6 RE: Construction of Retaining Wall at the Kincardine Marina Enclosed are three copies of the above noted contract signed by VanDriel Excavating Inc. along with the Performance Bond, Certificate of Insurance and WSIB Certificate. Please have all three copies signed on Page A -4 and forward one copy to VanDriel Excavating, one back to us, and keep one copy for your files. You should also return any tender deposit cheques that were retained by the Municipality. Thank you. Yours very truly B. M. ROSS AND ASSOCIATES LIMITED P er ..,.-„ z ..m.lid Ken Logten . ■- rg, P. En_. KL:es Encl. Z:\ 09083 - Kincardine_Yacht_Club - Washrooms \WP \09083- 16JuIy20 TenderSigning- Municipality let.doc Agenda Council El File No. PO5 Kt ncordtne1 Consent 0 Ho( bour / Direction Copied. Other , IMO( t rci, CAO In 0 Clerk 0 0 ta--kak_53 03 Treasury 0 0 Public Works 0 0 . Building/Planning 0 / 0 02, icd j( Recreation Uri' 0 Emergency Services 0 0 Scanner Police ServIces 0 0 TourismlComm.Serv. 0 AUG 0 0 2016 Other: ECE 0 6.-= I IVED „......--- i 1 t MUNICIPALITY OF KINCARDINE CONSTRUCTION OF RETAINING WALL AT THE KINCARDINE MARINA CONTRACT NO. 09083 1 I MUNICIPALITY OF KINCARDINE CONSTRUCTION OF RETAINING WALL AT THE KINCARDINE MARINA CONTRACT NO. 09083 INDEX TO CONTRACT DOCUMENTS I Description Page III Information to Bidders IB-1 — IB -12 Tender Form of Tender T -1— T -3 T -A & T -B Statement re Sub - Contractors Agreement to Bond Performance Bond Schedule of Plans, Specifications, General Conditions & Standards 1 Index to Special Provisions Special Provisions SP -1 to SP -7 Supplemental General Conditions SGC -1 & SGC -2 I General Conditions — OPSS.MUNI 100 Rev. Date: 11/2006 Agreement A -1 -A -4 Municipality of Kincardine — Corporate Statement Occupational Health and Safety Contract Release Statutory Declaration Re: Liens, Liabilities & Payment of Accounts Appendix A — Conservation Authority Permit I I I I I 1 1 I INFORMATION TO BIDDERS I 1 1 1 I I I I I I Y:\ Project _Mgmt_Resources\Forms_Templates \Contracts \Contract Documents\Info. to Bidders.docx 1 1 INDEX TO INFORMATION TO BIDDERS (April 2016) 1) Date and Place for Receiving Tenders 1B -1 2) Tender Deposit IB -1 3) Submission of Tender 1B -1 4) Clarification IB -2 5) Withdrawal of Tender IB -2 6) Disqualification of Tender IB -2 7) Form of Agreement IB -2 8) Competency of Bidders I3-2 9) Supervision of Work IB -2 10) Sub - Contractors I3-3 11) Tender Acceptance IB -3 12) Performance Bond I3-3 13) Insurance IB -3 14) Completion Date and Liquidated Damages IB-4 15) Disposal and Use of Excavated and Excess Materials IB -5 16) Taxes IB -5 l 17) Regulation of Pits and Quarries IB -6 18) Salvageable Material IB -6 19) Geotechnical Investigation Report IB -6 20) Utilities IB-6 21) Occupational Health and Safety Act IB -6 22) Workplace Safety and Insurance Board Certificates IB-6 23) Contract Release 1B -7 24) Use of Premises 1B -7 25) Permit for Taking Water in Excess of 50,000 Litres Per Day IB -7 II 26) Hot Mix Plant - Environmental Protection Act 1B -7 27) Restrictions on Open Burning IB -7 28) Night, Sunday, and Holiday Work IB -8 29) Drainage IB -8 30) Bribery IB -8 31) Provisions for Traffic, Access, and Protection IB -8 32) Cold Weather Concrete 1B -9 33) Falsework IB -9 34) Excess Loading of Motor Vehicles 1B -9 35) Protection of Trees IB -10 36) Ontario Provincial Standards I3-10 37) Guaranteed Maintenance B3 -10 38) Garbage Collection and Blue Box Recycling I3-10 39) Dust Control IB -11 40) Disposal of Waste Asphalt I3-11 41) Lump Sum for Mobilization and Demobilization I3-11 I I I I I I IB -1 INFORMATION TO BIDDERS I 1) DATE AND PLACE FOR RECEIVING TENDERS: Tenders will be received by: Karen Kieffer, Director of Parks & Recreation Municipality of Kincardine 1475 Concession 5, R. R. 5 Kincardine, ON, N2Z 2X6 until 12:00 noon, Wednesday, June 29, 2016 as stated in the official tender call advertisement. 2) TENDER DEPOSIT: Each tender must be accompanied by a tender deposit in the form of a certified cheque payable to: Municipality of Kincardine for the amount of: Five Thousand Dollars ($5,000.00). 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 Contract Administrator 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. Bidders will be required to add Harmonized Sales Tax (HST) on the tender form in the space provided. The tender shall be signed by the bidder on page T -B of the Form of Tender and delivered in a sealed, opaque envelope, clearly marked TENDER. I I I IB -2 b) Statement re Sub - Contractors: Where included in the contract documents, each bidder shall complete along with the tender, a list of I 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 to any one subcontractor without written authorization of the Contract Administrator. Failure to provide this list may render the tender invalid. 1 c) Agreement to Bond: Bidders must have the "Agreement to Bond" forms, or equivalent, of this contract completed by their 1 bonding company, and the same must be submitted with their tender in order to validate their bid. 4) CLARIFICATION: I Any details in question on this contract or in the accompanying plans shall be clarified by the bidder prior to submitting the bid. The unit prices as tendered shall include the supply of all permits, labour, equipment, and materials except where noted that are necessary to complete the contract. 5) WITHDRAWAL OF TENDER: A bidder will be allowed to withdraw their tender unopened after it has been deposited if such request is received in writing prior to the time specified for the closing of tenders. 6) DISQUALIFICATION OF TENDER: Tenders will not be considered where: a) They are received after the official closing time stated in the advertisement. b) They are not properly executed, and the associated documentation is not complete. c) They are not accompanied by a certified deposit cheque. d) They are submitted by fax or electronically. More than one tender from an individual, firm, partnership or association under the same or different names will not be considered. Collusion between bidders will be sufficient cause for rejection of all tenders so affected. 7) FORM OF AGREEMENT: I 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) SUPERVISION OF WORK: I In accordance with Section GC7.01.10 of the General Conditions, the Contractor shall have an authorized representative onsite while any work is being performed to supervise the work and act for or on the Contractor's behalf. This may include attendance by the Contractor's representative at site meetings as may be reasonably scheduled by the Contract Administrator. I I I LB-3 10) SUB- CONTRACTORS: The Contract Administrator 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. 11) TENDER ACCEPTANCE: Bidders 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. The accepted bidder shall provide a Clearance Certificate from the Workplace Safety and Insurance Board. The lowest price bid or any bid will not necessarily be accepted. The Owner reserves the right to reject any or all tenders and to award to other than the lowest bidder as the interests of the Owner may require. 12) PERFORMANCE BOND: The Bidder, upon receipt of written notice from the Owner awarding the contract, shall provide a 1 Performance Bond for the amount of one hundred percent (100%) of the total tender to guarantee the performance of all obligations of the contract. This Bond shall be supplied to the Owner within ten (10) days of the acceptance of the tender, and shall be at the expense of the Contractor. 1 13) INSURANCE: GC 6.03.01 — General has been amended as follows: 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 — General Liability Insurance and GC 6.03.03 — Automobile Liability Insurance. Insurance coverage in clauses GC 6.03.04.01— Aircraft Liability Insurance, GC 6.03.04.02 — Watercraft Liability Insurance, GC 6.03.05.01 — Property Insurance, GC 6.03.05.02 — Boiler Insurance, and GC 6.03.06 — Contractor's Equipment Insurance shall be required as listed below: a) Aircraft Liability Insurance: The Contract Administrator, on behalf of the Owner, will be requesting proof of valid insurance whenever aircraft are anticipated to be used during the course of construction. ' b) Watercraft Liability Insurance: The Contract Administrator, on behalf of the Owner, will be requesting proof of valid insurance whenever watercraft are anticipated to be used during the course of construction. c) Contractor's Equipment Insurance: The Contract Administrator, on behalf of the Owner, will be requesting proof of insurance. j I I IB -4 GC 6.03.02.01- General Liability Insurance, has been amended as follows: General liability insurance and completed operations coverage shall both be in the name of the i Contractor, with the Owner, the Contract Administrator, and the Kincardine Marina 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 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 or equivalent. GC 6.03.07.01 has been amended as follows: The duration of each insurance policy, excluding completed operations coverage, 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. Completed operations coverage shall be maintained for six years from the date of Final Acceptance. I 14) COMPLETION DATE AND LIQUIDATED DAMAGES: a) Time: , Time shall be the essence of this agreement. b) Progress of the Work and Time for Completion: The Contractor shall complete this contract in its entirety by: September 16, 2016. 1 If this time limit above specified is not sufficient to permit completion of the work by the Contractor working a normal number of hours each day or week on a single daylight shift basis, it is expected that additional and/or augmented daylight shifts will be required throughout the life of the contract to the extent deemed necessary by the Contractor to ensure that the work will be completed within the time limit specified. Any additional costs occasioned by compliance with these provisions will be considered to be included in the prices bid for the various items of work and no additional compensation will be allowed therefore. If the Contractor is delayed in the completion of the work, I 1) by reason of changes or alterations made under Section GC3.07 of the General Conditions; 2) by reason of any breach of contract or prevention by the Owner or other Contractor of the Owner or any employee of any one of them; 3) by reason of delay by the Owner issuing instructions or information or in delivering materials; 4) by any other act or neglect of the Owner or any other Contractor of the Owner or any employee of any one of them; 5) for any cause beyond the reasonable control of the Contractor; or 6) 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, 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 Contract Administrator, and notwithstanding such extensions, time shall continue to be deemed of the essence of this contract. I I IB -5 An application by the Contractor for an extension of time as herein provided shall be made to the Owner in writing at least fifteen (15) days prior to the date of completion fixed by the contract. All bonds or other surety furnished to the Owner by the Contractor shall be amended where necessary at the expense of the Contractor to provide coverage beyond the date of any extension of time granted, and the Contractor shall furnish the Owner with evidence of such amendment of the bonds or other surety. Any extension of time that may be granted to the Contractor shall be so granted and accepted without prejudice to any rights of the Owner whatsoever under this contract, and all such rights shall continue in full force and effect after the time limited in this contract for the completion of the work and whenever in this contract power and authority is given to the Owner or the Contract Administrator 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 Contract Administrator. 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 1 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 of the 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. 15) DISPOSAL AND USE OF EXCAVATED AND EXCESS MATERIALS: OPSS 180 shall apply to this contract. Excess materials shall be disposed of within or outside of the contract limits as set out elsewhere in the contract. 16) TAXES: Harmonized Sales Tax (HST): The 13 % Harmonized Sales 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. 1 1 I 1 IB -6 I 17) REGULATION OF PITS AND QUARRIES: Bill 120, An Act to Regulate Pits and Quarries and to Provide for their Rehabilitation shall be applicable 1 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 1 and no separate payment will be made therefore. 18) SALVAGEABLE MATERIAL: I All existing materials along the line of construction deemed salvageable by the Contract Administrator shall be delivered to the storage site designated by the Contract Administrator. All other materials that, in the opinion of the Contract Administrator, cannot be salvaged shall be disposed of outside the limits of the contract, as directed by the Contract Administrator 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 Contract Administrator. 19) GEOTECHNICAL INVESTIGATION REPORT: I If a geotechnical investigation was performed for this contract, the report will be made available at the office of the Contract Administrator for inspection by any bidder but the office of the Contract Administrator assumes no responsibility for any errors or omissions which may be inherent in the soils report. Neither the Owner nor the Contract Administrator warrants interpretations of data or opinions expressed in any subsurface report. 20) UTILITIES: The location and depth of the utilities shown on the contract drawings are based on information obtained from the applicable operating authority. It is 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 and 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. The Contractor shall adhere to the requirements for pipe support as provided by the utility company. 21) OCCUPATIONAL HEALTH AND SAFETY ACT I 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 I comply with these regulations and that they will be the Constructor under said Act as it relates to the completion of this contract. 22) WORKPLACE SAFETY AND INSURANCE BOARD CERTIFICATES , The Contractor shall submit a current clearance certificate from the Workplace Safety and Insurance Board (WSIB) in advance of each monthly payment. Payment certificates will not be issued without receipt of a valid Workplace Safety and Insurance Board Certificate. I I I IB -7 23) CONTRACT RELEASE: Prior to receiving the Statutory Holdback Release Payment Certificates based on Substantial Performance or Completion, the Contractor shall complete, in triplicate, the Contract Release and the Statutory Declaration re Payments of Accounts and Liens & Liabilities on the forms bound herein. Only the original, signed forms will be accepted by the Contract Administrator. 24) 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 Contract Administrator 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. 25) PERMIT FOR TAKING WATER IN EXCESS OF 50,000 LITRES PER DAY: Where the Contractor will require water in excess of 50,000 litres per day, a permit must be obtained as per The Ontario Water Resources Act. A permit may be obtained by making an application to the Ministry of the Environment and Climate Change. 26) 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. 27) 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. a) 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. b) Open burning is prohibited in areas subjected to a smog alert advisory as issued by the MOECC. c) The Contractor shall inform the District Officer of the Regional Operations Division of the Ministry of Environment and Climate Change, one week in advance, of the date when burning will commence. d) All open fires shall be limited as much as possible to daylight hours. e) All open fires shall be attended at all times. f) Open burning shall be located within the contract limits, no closer than 30 m to water bodies, and no closer than 150 m to any dwelling and shall be conducted in a manner that prevents odour, excessive smoke, material discomfort to nearby recipients, and a decrease in visibility on any roadway. g) No open fires shall be maintained when the wind is in such a direction as to cause a decrease in visibility on any highway. h) 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. I I IB -8 ' i) Materials to be burned shall consist of wood wastes only and shall not be burned in such a manner as to cause odour, excessive smoke or other material discomfort to nearby receptors. j) Debris from open fires shall not be piled adjacent to or discharged into watercourses. k) Open fires shall not be located between Sta. and Sta. . Where open burning is prohibited or impractical in specific areas of this contract, brush and debris may, as an alternative to burning, be disposed of outside the right -of -way in a manner approved by the Contract Administrator, so as not to be unsightly or potentially unsightly from any highway. The Contractor shall arrange for disposal areas at his own expense. 28) NIGHT, SUNDAY, AND HOLIDAY WORK: Work during the night, on Sundays or on Statutory Holidays shall not be permitted without the written permission of the Contract Administrator. 29) DRAINAGE: I 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. 30) BRIBERY: Should the Contractor or any of the agents give or offer any gratuity to, or attempt to bribe any officer or servant of the Owner, the Owner shall be at liberty to cancel the contract forthwith or to direct the I Contract Administrator to take the whole or any part of the works out of the hands of the Contractor. Bribery shall be considered as non - fulfilment of the contract by the Contractor. 31) PROVISIONS FOR TRAFFIC, ACCESS, AND PROTECTION: I a) Urban Areas: 1 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 Contract Administrator. When requested by the Contract Administrator, 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 I 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 Contract Administrator. The routing of such detours will be approved by the Contract Administrator. 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 Contract Administrator may require that Granular "A" or Calcium Chloride be applied at the Contractor's expense to a street before allowing its use as a detour, or during the period of use. t i t I IB -9 b) Rural Areas: I If required under the Special Provision item, the Contractor shall construct a detour to carry vehicular traffic. The Contractor shall place proper detour signs, including adequate barricades and lights to clearly I mark this detour throughout the entire length and to the satisfaction of the Contract Administrator. c) General: I The Contractor shall be responsible for signing the detour and the detour 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 I control measures. A copy of this plan will be kept on file by the Owner. The Contractor will be responsible for maintaining proper signs, barricades, and lights at all points along I 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. I Where applicable, the Contractor shall supply an adequate number of flagmen/women to direct traffic at all times during construction as required by the Contract Administrator. I 32) COLD WEATHER CONCRETE: Unless otherwise specifically stated in the Special Provisions, the bidders shall note that no additional P� Y P� payment will be made for heating or cooling of concrete or housing of structure and heating of the I housing enclosure. 33) FALSEWORK: I All falsework drawings shall bear the seal and signature of a Professional Engineer who is a member of or is licensed by the Association of Professional Engineers of Ontario. The drawings shall include the I following information: The type of work and grade of all materials, including sills to be used in the falsework; Design loads on mud sills or other falsework supports; Horizontal forces imposed on the falsework and used for design purposes; Details of splices of supports for motorized finishing machines, I and the like. The Contractor is to submit three copies of the drawings to the Engineer at least one week prior to construction of the falsework. The grades and stresses of all materials shall be in accordance with the Canadian Standards Association I (C.S.A.) latest revisions to standards CAN 086.1 -M and S269.1. The deflection of beams used for falsework shall be limited to 1/360 of the span and shall be noted on the drawings. I The completed falsework shall be reviewed on site and certified as being in general conformance with the falsework design. The letter of certification shall be signed and sealed by a Professional Engineer licenced in Ontario. Such certification shall be submitted to the Contract Administrator not less than 24 I hours prior to pouring concrete. 34) EXCESS LOADING OF MOTOR VEHICLES: I For the purpose of this contract, payment for weighed items is as follows: Vehicles hauling material being measured for payment by weight will be paid for the actual amount I of material hauled. I I 18 -1 0 I This shall not be construed to mean that the Owner condones excess loading of motor vehicles and in no way permits the overloading of vehicles or absolves the Contractor from complying with the provisions of the Highway Traffic Act. 35) 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. Unless stated elsewhere in the contract, equipment or vehicles shall not be parked, repaired, refuelled, construction materials shall not be stored, and earth materials shall not be stockpiled within the dripline area of any tree not designated for removal. Where the contract requires work within the dripline of trees, operation of equipment shall be kept to the minimum necessary to perform the work required. 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 I cleanly to the soil surface within five calendar days of exposure. Bark that is damaged by the Contractor's operation shall be neatly trimmed back to uninjured bark, without causing further injury, within five calendar days of damage. All damaged areas shall be treated with an approved tree paint after trimming of damaged section of tree. 36) ONTARIO PROVINCIAL STANDARDS: I . Bidders are hereby advised that the Ontario Provincial Standards apply to this contract and are to be used where applicable. Bidders are responsible for familiarizing themselves with the latest revisions of the Ontario Provincial Standards. 37) GUARANTEED MAINTENANCE: I 3 % of the value of the work will be retained for a period of 12 months following the date of completion 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 and correction of all deficiencies. 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. I 38) GARBAGE COLLECTION AND BLUE BOX RECYCLING: The Contractor shall be responsible for co- ordinating the collection of all garbage and blue box recycling, I within the limits of the contract during construction, with the appropriate authority. 1 1 I I IB -11 39) DUST CONTROL I 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 Contactor's responsibility to maintain a roadway through the work. I 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 I would affect traffic or wherever dust would be a nuisance to residents of the area where the work is being carried out. I The cost of all preventative measures required by the Contract Administrator 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" I or "Calcium Chloride" or both. In such cases, the Contractor shall be paid by the Owner at the contract unit price(s) for the appropriate item(s). 40) DISPOSAL OF WASTE ASPHALT I 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 I contract limits. Disposal outside the contract limits shall be at a certified waste disposal site for asphalt. I Disposal of asphalt within the roadbed must be crushed and not contaminated with non - granular material. The crushed asphalt may be used for backfill to sewers or as selected fill material. I 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 I outside the contract limits. 41) LUMP SUM FOR MOBILIZATION AND DEMOBILIZATION: I This item in the Schedule of Items and Prices (or, in the case of a lump sum type contract, in the breakdown schedule) is to cover the Contractor's cost of mobilization at the beginning of the construction I period and demobilization at the close of the construction period. The price entered for this item shall be consistent with the costs involved but shall not, in any event, exceed ten percent (10 %) of the total tender price. 1 If the Bidder has entered against this item in his tender a price in excess of 10% of the total tender price, the Owner shall, in preparing contract documents based upon the tender, reduce the price for the said item I to an amount not exceeding 10% of the total tender price and shall add the amount of the reduction to the price for the "Lump Sum for Other Requirements" item so that the total tender price shall not be affected. Sixty percent (60 %) of the price for the Mobilization and Demobilization item shall be considered as I relating to mobilization and the balance to demobilization. The payment for mobilization shall be included in the first payment certificate issued for the contract I subject to the Contract Administrator being satisfied that full mobilization has been carried out. If the I I IB -12 Contract Administrator is not so satisfied, he shall allow a payment which, in his opinion, reflects the degree of mobilization effected to date. The payment for demobilization shall become due following completion of the works and subject to the Contract Administrator being satisfied that full demobilization has been carried out. The Contract Administrator may, in his discretion, allow partial payment for demobilization before full demobilization has been effected. I I I I I I I I I I I 1 T -1 1 FORM OF TENDER MUNICIPALITY OF KINCARDINE I CONSTRUCTION OF RETAINING WALL AT THE KINCARDINE MARINA CONTRACT NO. 09083 1 Tender by VanDriel Excavating Inc. 1 residing at 37594 Telephone Road, P.O. Box 339 1 Clinton, ON NOM 1L0 a company duly incorporated under the laws of Ontario I and havin g its head office at 37594 Telephone Road, Clinton, Ontario, NOM 1L) 1 hereinafter called the 'Bidder" 1 To -- Municipality of Kincardine I/We VanDriel Excavating Inc. I d the locality and site of the proposed works and all tender documents relating carefully examined y p p g I thereto, including the Form of Agreement, Special Provisions, Contract Drawings, Information to Bidders, Standard Specifications, Standard Drawings, Form of Tender, Supplemental General Conditions, General Conditions and Addendum/Addenda Numbers 0 to 0 * inclusive, hereby tender and offer in accordance therewith to enter into a contract within the prescribed time, to construct the said work in strict accordance I 11 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 therefore, complete and ready for use 1 within the time specified for the sum, including HST, of 1 Seventy Seven Thousand, Nine Hundred Thirty Three Dollars and Fifty Eight Cents 1 ($77,933.58) 1 or such other sum as is determined from the actual measured quantities at the unit prices set forth in the Tender. I * The bidder will insert here the number of the Addenda received during the tendering period and g gP taken into account when preparing the Tender. 1 I T -2 THE AFORESAID SUM IS MADE UP AS FOLLOWS: 1 SCHEDULE OF ITEMS AND PRICES 1 Item Spec. # Description Qty./Unit Price Amount 1 SP Lump sum for mobilization and other 1 L.S. 4,442.96 1 requirements (Refer to Info to Bidders Item No. 41) 1 2 706, SP, Construction signage around work zone 1 L.S. 1,511.91 I 3 180, 510, Excavation and removal of surplus 1 L.S. 6,548.40 SP materials 1 4 182, SP Environmental protection 1 L.S. 1,051.81 1 5 902, 909 Concrete block retaining wall 102 m 278.17 28,373.34 SP II 6 314, 501, Granular "B" 210 t 21.02 4,414.20 SP 7 314, 501, Granular "A" 130 t 25.25 3,282.50 1 SP 8 206, 802, Reconstruct slopes & site restoration 1 L.S. 3,666.00 804, 805, SP 1 9 441, SP Relocate water service and install curb stop 1 L.S. 1,514.03 I 10 405, SP Install sub -drain with rodent grate outlets 1 L.S. 737.77 11 SP Bonding and insurance 1 L.S. 1,360.00 I Sub -Total 56,902.92 PROVISIONAL ITEMS 1 12 SP Contingency allowance 1 L.S. $10,000.00 I 13 SP Relocate tourist sign with concrete 1 L.S. 270.71 foundation 1 1 T -3 Item Spec. # Description Qty./Unit Price Amount 1 14 SP Silt fence 20 m 12.95 259.00 1 15 SP Remove and re- install the antenna tower 1 L.S. 1,535.14 Sub -Total - Provisional 12,064.85 1 SUB -TOTAL TENDER 68,967.77 13% H.S.T. 8,965.81 TOTAL TENDER 77,933.58 1 1 1 1 1 1 1 1 1 1 1 1 T -A STANDARD TENDER REQUIREMENTS I/We agree to complete the work within the time specified in the Information to Bidders. gr P P 1 I/We also agree that this Tender is subject to a formal contract being prepared and executed. In submitting this Tender for the work, the Tenderer further declares: ' (a) That no person, firm or corporation other than the one whose signature or seal is attached below, has any interest in this tender or in the contract proposed to be taken; (b) That this tender is made without any connection, knowledge, comparison of figures or arrangement with any other company, firm or person making a tender for the same work and is in all respects fair and without collusion or fraud; (c) That no member of the Municipal Council or any officer of the Owner will become interested directly or indirectly as a contracting party without disclosing his interest and otherwise complying with "the Municipal Conflict of Interest Act, RSO 1990 "; (d) That the offer shown in the Schedule of Items and Prices is to continue open to acceptance until the formal contract is executed by the successful Tenderer for the said work or until thirty (30) days after the tender closing date, whichever event occurs first ' and that the Owner may at any time within that period without notice, accept this tender whether any other tender had been previously accepted or not; 1 (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; 1 (g) The Tenderer solemnly declares that the several matters stated in the foregoing tender are 1 in all respects true; 1 T -A Date Specified.doc 1 T -B I (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 1 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 I 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 1 failure, or by reason of such acting, as aforesaid, on their part including the cost of any advertising for new tenders and to indemnify and save harmless the said Owner and its ' officers from all loss, damage, cost, charges and expenses which they may suffer or be put to by reason of any such default or failure on our part. I The "Agreement to Bond" of the Royal & Sun Alliance Insurance Company of Canada Company, 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. 1 A certified cheque for the sum of Five Thousand Dollars ($5,000.00) is attached hereto. 1 DATED AT 9:00 a.m. this Twenty Ninth 1 day of June , 20 16 . 1 1 (Signed) (Signed) Signature of Witness Signature of Bidder 1 NOTE: If the tender is submitted by or on behalf of an incorporated company, it must be signed in the Y TPo � name of such company by the duly authorized officers and the seal of the corporation must be P Y Y Y � affixed. If the tender is submitted by or on behalf of an individual or a partnership, a seal must 1 be affixed opposite the signature of the individual or the partner. 1 1 09083 -T -B P Bond only.docx 1 1 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 approximate portion of the work to be allotted to each. ITEM SUB - CONTRACTORS Name and Address Percent of I Contract 1. 8 Huron Landscaping Ltd. 1 Hydroseed 86573 Lucknow Line, RR 2 1.5% Lucknow, ON 1 2. ' 3. 4. 1 5 6. 1 7. 1 8. 9. 1 10. ' 11. 12. Y:\Project_Mgmt_Resources\Forms _Templates \Contracts \Contract Documents \Sub - Contractors.docx 1 r AGREEMENT TO BOND ** Date: 20 CONTRACT NO. TO: Dear Sirs: 1 In consideration of (hereinafter referred to as "the Owner ") accepting the tender of and executing an Agreement with: (hereinafter referred to as "the Tenderer ") for the construction of subject to the express conditions that the Owner receive the Performance Bond in accordance with the said tender, we the undersigned hereby agree with the Owner to become bound to the Owner as surety for the Tenderer in a Performance Bond in an amount equal to 100% of the contract price, 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. 1 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. Y:\Project_Mgmt_Resources\Forms _Templates \Contracts \Contract Documents\AgToBond -1 bond.doc 1 PERFORMANCE BOND 1 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 ($ ) ' of lawful money of Canada, to be paid unto the Obligee, for which payment well and truly to be made we the Principal and Surety jointly and severally bind ourselves, our and each of our respective heirs, executors, administrators, successors and assigns by these presents. SIGNED AND SEALED with our respective seals and dated this day of P� Y 20 WHEREAS by an agreement in writing dated the day of , 20 ' the Principal has entered into a contract with the Obligee, hereinafter called "the Contract ", for the construction, alteration, repair or maintenance of a public work, namely 1 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. 1 NOW THEREFORE THE CONDITION OF THIS OBLIGATION IS SUCH that if the Principal shall at all times duly perform and observe the Contract including all the terms and conditions ' thereof, to the satisfaction of the Obligee and shall at all times fully indemnify and keep indemnified the Obligee from and against all and any manner of loss, damage, expense, suits, actions, claims, liens, proceedings, demands, awards, payments and liabilities arising out of or in any manner based upon or attributable to the Contract and shall fully reimburse and repay the Obligee for all outlay, expense, liabilities, or payments incurred or undertaken to be made by the Obligee pursuant to the Contract, then this obligation shall be void, but otherwise it shall be and remain in full force and effect. 1 Performance Bond Page 2 1 Provided further and it is hereby agreed and declared that there shall be no liability under this 1 instrument of the Principal and Surety for payment of any claims for labour, material or services used or reasonably required for use in the performance of the Contract to the extent the amount of such claims is paid pursuant to a Labour and Materials Payment Bond. ° I 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 I 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. 1 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 I 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 I restricting the generality of the foregoing) any changes in the extent or nature of the works to be constructed, altered, repaired or maintained under the Contract, or by any dealing, transaction, forbearance or forgiveness which may take place between the Principal and the Obligee. I 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. I In Witness Whereof the Principal and the Surety have executed these presents. 1 1 SIGNED AND SEALED BY THE PRINCIPAL ) Per: In the presence of: ) I ) Per: ) Principal Witness ) I ) Occupation ) ) 1 Address ) Surety 1 F: \wp \Contracts\Forms\Performance Bond.doc 1 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, Construction of Retaining Wall at the Kincardine Marina, Contract No. 09083. A. SPECIAL PROVISIONS - Pages SP - to SP - 1 B. PLANS - Drawing No. 1 C. INFORMATION TO BIDDERS - Pages IB - to I3 D. STANDARD SPECIFICATIONS 1 Ontario Provincial Standard Specification Numbers shall apply to this contract mutatis mutandis. Only the most recent specifications shall apply to this contract. OPSS — Municipal and Provincial Common 180 - Nov /11 405- Nov /08 706 - Nov /10 802 - Nov /10 902 - Nov /10 441- Nov /14 805- Nov /15 909 - Apr /12 OPSS.MUNI — Municipal Oriented 182 - Nov /12 206 - Nov /13 314- Nov /15 501- Nov /14 804- Nov /14 510- Nov /14 E. FORM OF TENDER F. SUPPLEMENTAL GENERAL CONDITIONS G. GENERAL CONDITIONS - OPSS.MUNI 100 Rev. Date: 11/2006 H. AGREEMENT 1 I. PERFORMANCE BOND J. CONTRACT RELEASE K. STATUTORY DECLARATION RE: LIENS, LIABILITIES & PAYMENT OF ACCOUNTS L. APPENDIX "A" 1 1 1 1 1 1 1 � SPECIAL PROVISIONS 1 I INDEX TO SPECIAL PROVISIONS jI Item No. 1 Lump Sum for Mobilization & Other Requirements SP -1 Item No. 2 Construction Signage Around Work Zone SP -1 • Item No. 3 Excavation and Removal of Surplus Materials SP -2 Item No. 4 Environmental Protection SP -2 Item No. 5 Supply and Place Precast Concrete Retaining Wall SP -3 Item No. 6 Granular `B" SP -4 Item No. 7 Granular "A" SP -4 Item No. 8 Reconstruct Slopes & Site Restoration SP -5 I Item No. 9 Relocate Water Service and Install Curb Stop SP -5 Item No. 10 Install Sub -Drain with Rodent Grate Outlets SP -5 I Item No. 11 Bonding and Insurance SP -6 Item No. 12 Contingency Allowance SP-6 Item No. 13 Relocate Tourist Sign with Concrete Foundation SP -6 Item No. 14 Silt Fence SP -6 Item No. 15 Remove and Re- Install the Antenna Tower SP -7 I I I I a I I I I SP -1 ITEM NO. 1 LUMP SUM FOR MOBILIZATION AND OTHER REQUIREMENTS For the lump sum price bid, the Contractor shall enter an amount for mobilization, demobilization and 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 of Items and Prices. The unit price bid may include, but is 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 to locate and relocate lines. Payment for this item shall be as identified in the Information to Bidders under the mobilization item. The Contractor shall note that an approval has been obtained from the Conservation Authority because the work is taking place within the flood plain. Additional comments are provided in the Environmental protection item. The marina starts to place racks to mount the boats during the last two weeks of September along the access road and in -front of the proposed new retaining wall. That is why the construction period has indicated construction must be completed by September 16 2016. It is also specified that construction may not start until after mid- August. Included with the mobilization price will be the cost to temporarily relocate features on the site, not accounted for under other items, and placed them where directed after the construction work has been completed. This includes features such as the sheds and oil drum. The oil drums are to be remounted on new pre -cast concrete slabs suitable for supporting the tank. A leveling pad of granular `A' shall be prepared and compacted in -place to support the slabs. A surface shall be prepared with Granular `A' leveled and compacted in place to support the sheds. The submission by a tenderer of an unbalanced price for this item renders the tender liable to disqualification. ITEM NO.2 CONSTRUCTION SIGNAGE AROUND WORK ZONE As this project takes place within an area frequently occupied by the general public, the Contractor shall be required to put signage up that warns the public of the construction activities. It is also expected that fencing will be installed around the work area to restrict access to the immediate construction areas and fencing would remain in place over night if unsafe locations are remaining at the end of the work day. The Contractor shall be responsible for the maintenance of all signs and shall be liable for any claim for damages resulting from insufficient protection. An access route shall be maintained for traffic wishing to access the marina area while construction is occurring. Signage to help direct the traffic wishing to enter the marina shall also be provided. I SP -2 I At least 5 working days prior (excluding holidays) to starting the construction work, the I Contractor shall submit a traffic control plan showing where the fencing and signage that will be used on this site will be located. The Contractor shall not start work until he is prepared to work diligently on the project. It is expected the construction duration for this project will be limited to 16 calendar days. Payment shall be on a lump sum basis. I ITEM NO.3 EXCAVATION AND REMOVAL OF SURPLUS MATERIALS 1 Under this item, the Contractor shall perform all excavating and removals work necessary to complete the project while limiting the amount of silt that is released into the stream. The Contractor should review the Environmental Commitment item to better understand the expectations of the governing Conservation Authority. The existing retaining walls shall be completely removed from site and shall become the property of the Contractor. He may then disposed of them appropriately or salvage for use elsewhere. I Included in this item is the excavation work required to remove the surplus materials from the slopes such that the new finished grades can be achieved, excavation work in preparation for placement of the granular base and granular backfill along the new retaining walls and site grading work around the administration building. Given this work is taking place in close proximity to the river, excavated material shall not be stock -piled on site. The surplus excavated earth materials shall be delivered to the Kincardine landfill site and off - loaded where directed. It has been assumed that it is not practical to stockpile the topsoil off -site and re -use it on site but where practical the topsoil will be stripped, loaded in a truck and delivered to the landfill in a separate load and off loaded where directed. Payment for this item shall be on a lump sum basis and shall include the cost of all labour, material and equipment. There will be no disposal fees for delivery of the materials to the landfill site. ITEM NO.4 ENVIRONMENTAL PROTECTION Under this item the Contractor shall perform all work in accordance with the terms of the approval from the Conservation Authority. A copy of the permit is included in Appendix A. This work shall include not stockpiling material on site and restore all the surfaces with topsoil, seed and mulch within a reasonable period of time to minimize the potential for a silt release into the stream. Given the fact that the work area is set back from the stream, placement of silt fence will be evaluated at the time of construction through consultation between the Contractor and Contract I SP -3 Administrator and payment for installation of the silt fencing will be completed under the provisional item, if necessary. Machinery shall be refuelled and stored overnight not less than 30 m from the edge of water. Similarly, no toilets shall be located closer than 30 metres from the normal edge of water. In- ' stream work, if required, such as rip rap placement shall be done in the dry or behind a turbidity curtain. To help minimize silt releases, the Contractor shall cover finished, exposed earth as soon as practical with topsoil and seed and mulch as per their appropriate items. Generally speaking, the Contractor shall take all reasonable precautions to prevent the release of any deleterious substance to the stream and the Contractor shall be fully liable for fines or damages arising from the Contractor's activities or lack of reasonable precautions. The Contractor shall be responsible for the collection of construction debris and removal of associated general litter from the site. The Contractor shall arrange and pay for the removal of this waste to a licensed landfill site. Litter shall be collected from the site at the end of each working day. Payment for this item shall be on a lump sum basis and shall include full compensation for all materials, labour and equipment for the work described herein. ITEM NO.5 SUPPLY AND PLACE PRECAST CONCRETE RETAINING WALL Under this item the Contractor shall supply, haul, and place precast concrete retaining wall sections to meet the dimensions and alignment shown on the contract drawings. All precast units visible above grade shall have a clean, uniform appearance and no paint or other identification marks shall be allowed. The retaining walls shall be a concrete system similar to stackable concrete retaining walls by MCON Stone Strong System or Redi -Rock. If hollow retaining block walls are used, the cost to supply and place the material in the walls shall also be included in this item. Payment for this item shall be at a square meter basis measured on the front face of the wall as placed. Adjustments to the quantity paid under this item will be made where site conditions and the grades warrant the change. However, the Contractor should note, the proposed design was prepared based on using 460mm high concrete blocks. Should the Contractor use blocks that are larger and as a result the wall has to be built higher or longer than necessary, the quantity paid under this item may, at the Contract Administrator discretion, be adjusted. The design, manufacture, delivery and installation of precast retaining wall units shall be in conformance with OPSS 909. Concrete shall meet the requirements for CSA A23.1 for exposure Class F -1 or C -2 unless approved otherwise. Shop drawings must be submitted that outline the details of the design and bear the seal of a professional engineer. The Contractor will be compensated for placement of the granular backfill, Granular "A" bedding and granular placed in -front of the wall under a separate item. 1 SP -4 I I Payment shall be made at the unit price bid per square metre for this item and shall include all costs associated with design, manufacture, testing, hauling, and placing the precast concrete retaining wall units. ITEM NO.6 GRANULAR `B" For the unit price bid per tonne, the Contractor shall supply, haul, place, level and compact I Granular material conforming to OPSS as backfill to the new retaining wall. The Granular backfill shall extend to the limits indicated on the drawings or as directed in the field by the Contract Administrator. Should the Contractor unnecessarily over excavate beyond the limits indicated on the drawings or warranted for the construction of the wall, the Contract Administrator may at his discretion adjust the quantity paid under this item. This item does not include an allowance for the volume of granular required to fill the retaining wall blocks, if the Contractor uses that type of block. Theoretically calculations will be performed to deduct the volume of granular used to fill the blocks should those types of blocks be used. The Granular `B" backfill shall be placed in layers not exceeding 300 mm thick and thoroughly compacted with mechanical tampers or vibrating rollers. If required for compaction, the material shall be wet down during placing and compaction. The degree of compaction shall be not less than 98% of the maximum standard Proctor dry density unless specified otherwise by the retaining wall design Engineer. I Compaction testing is to be arranged by the Contract Administrator and the cost of testing shall not be borne by the Contractor unless additional testing is required because of inadequate results. I Payment shall be made at the unit price bid per tonne and shall be full compensation for supply, hauling, placing, grading and compacting granular materials. This price shall include the addition of water if necessary for compaction. Measurement shall be by scale weigh tickets as delivered to the site. ITEM NO. 7 GRANULAR "A" I For the unit price bid, the Contractor shall supply to the site, place, fine grade and compact Granular "A" material for bedding under the retaining wall and for reconstruction of the laneway and access areas in -front of the new retaining wall. Compaction testing is to be arranged by the Contract Administrator and the cost of testing shall I not be borne by the Contractor unless additional testing is required because of inadequate results Payment shall be made at the unit price bid per tonne and shall be full compensation for supply, I 1 SP -5 addition of water if necessary for compaction. Measurement shall be by scale weigh tickets as delivered to the site. ITEM NO.8 RECONSTRUCT SLOPES & SITE RESTORATION At the conclusion of the work, the Contractor shall complete all restoration work required at this site. This work will include placing topsoil and hydro -seed with mulch on all disturbed surfaces except for rip rap and gravel surfaces. Topsoil shall be approved, good quality imported topsoil. The Contractor shall fine grade, to a uniform surface, areas to be topsoiled. The Contractor shall uniformly spread and rake the topsoil to a minimum depth of 100 mm. OPSS 802 shall apply. The seed shall be top quality standard roadside mix, as outlined in OPSS 804. The rate of application for the seed shall be one kilogram per 100 square metres. The Contractor shall use hydraulic mulch. The Contractor shall guarantee a catch of grass and will be responsible for all reseeding if necessary. Under this item, the Contractor shall restore all other areas disturbed by the construction including re- grading the granular surface and restoring grassed areas damaged by construction equipment. Payment for topsoil, seed, mulch, and restoration shall be made at the lump sum bid. Unit prices shall not apply to this project because a proportion of the area to be topsoiled and seeded will be dependent on the Contractor's methods. ITEM NO.9 RELOCATE WATER SERVICE AND INSTALL CURB STOP For the lump sum price bid, the Contractor shall supply all materials and labour to relocate the P P water service at a lower elevation, reconnect the line and install a new curb stop. Included in this P rice is the cost to disinfect the new service line with chlorine and flush the line. Testing the chlorine concentration level of the water from the line, after the process has been completed, will be completed by the Municipality. Prior to completion of this work, the Contractor shall confirm that his proposed disinfecting procedure are acceptable with the Municipality and revise his procedure, if necessary. section of water service pipe shall be cross - linked polyethylene PEX conforming new sec p p (PEX) g to AWWA C904. ITEM NO. INSTALL SUB -DRAIN WITH RODENT GRATE OUTLETS At the lump sum price bid, the Contractor shall install a perforated 150mm dia. tile behind the retaining wall and provide galvanized metal rodent grades at the outlet locations. The outlet may have to penetrate through the retaining wall and if so an opening will have to be provided to I SP -6 I accommodate the outlet. The tile shall be placed with grade towards the outlets and protected I when compacting the Granular `B' backfill around the pipe. Pipe Material I OPSS 405.05 Materials is amended to accept the following material for pipe subdrains. • Single walled corrugated polyethylene drainage tube with filter wrap. Polyethylene Armtec HDPE perforated corrugated subdrain tubing with a minimum pipe stiffness of 300kPa and geotextile filter sock or approved equivalent. I The price bid shall include the supply of the material and all labour required to install the sub - drain. I ITEM NO.11 BONDING AND INSURANCE For the lump sum 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. I ITEM NO.12 CONTINGENCY ALLOWANCE I 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 Contract Administrator, will be expended from this allowance. ITEM NO.13 1 RELOCATE TOURIST SIGN WITH CONCRETE FOUNDATION Under this item, for the lump sum price bid, the Contractor shall excavate around the existing I sign's foundation, remove the sign with concrete foundation, excavate a whole to accommodate the sign's foundation and then re- install the sign. The new location is to be determined by the Municipality but will be presumable south of its current location and within the general construction zone for this project. When reinstalling the sign, it shall be placed a minimum of 1.5m below grade, plumb and with Granular "A" thoroughly compacted around the foundation up to the underside of the topsoil to be placed. ITEM NO.14 1 SILT FENCE Under this item, for the unit price bid, the Contractor shall supply, install and maintain silt fence I in conformance with OPSS 805. Locations shall be as the need becomes apparent, in the opinion of the Contract Administrator. I SP -7 If significant sediments are deposited, they shall be removed by the Contractor on a time basis unless it can be demonstrated that the siltation was the result of delays by the Contractor in applying protection. Provision of silt fence and check dams do not relieve the Contractor from the proper construction sequences and procedures to control runoff water. It shall be the Contractor's responsibility to restore damaged grades or relocate materials caused by runoff water. ITEM NO. 15 REMOVE AND RE- INSTALL THE ANTENNA TOWER Under this item, for the lump sum price bid, the Contractor shall temporarily remove the antenna tower and foundation and construct a new foundation and remount the tower. The price bid shall include the cost of all labours and materials to complete the work. The work under this item will 1 be completed if it is determined by the Contract Administrator after re- grading the area around the tower that the remaining backfill is too low to adequately support the base. Included as part of this item, the contractor shall disconnect the wiring and equipment on the tower. After the tower is re- installed with the new concrete foundation, the wiring and antenna shall be mounted back on the tower. The contractor shall cut the tower off just above the top of the existing concrete foundation, remove the concrete foundation and dispose of it off site at his own cost. The Municipality will confirm the location for the tower once it is confirmed removal and replacement of the foundation at a lower depth is required. If the existing hole is used the new tower base must be backfilled with Granular "A" material that is thoroughly compacted in place to ensure tower will not tip over. Concrete used for the foundation shall conform to CSA A23.1 Exposure class F -1 (30MPa). The reinforcing steels shall be grade 400 steel. Additional details are provided in the tender drawings. The sono -tube sleeve used to cast the concrete may remain in place after casting of the concrete. I I I I I I I I SGC -1 SUPPLEMENTAL GENERAL CONDITIONS The following items shall supplement the OPS General Conditions of Contract, latest edition. 1.0 Section GC 1.04.01, Definitions, shall be amended with the inclusion of the following definitions: Provisional means that the use of this item is conditional on the circumstances determined by the Contract Administrator at the time of construction and that authorization to proceed must be granted to the Contractor prior to proceeding with the work. I 2.0 Section GC 2.01, Reliance on Contract Documents, paragraph 2.01.01 a) shall be revised as follows: a) The location and depth of all utilities shown on the contract drawings are based on information obtained from the applicable operating authority. Neither the Owner nor the Contract Administrator can warrant the locations of the utilities. I 3.0 Section GC 2.02, 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 I f) Standard Specifications g) Standard Drawings h) Tender i) Supplemental General Conditions j) General Conditions k) Working Drawings 4.0 Section GC 3.05.01. Layout, shall be revised as follows: The Contract Administrator shall, on behalf of the Owner, provide baseline and benchmark information for the location, alignment, and elevation of the work including: • Offset stakes for road centreline alignment • Offset stakes for storm sewer structures and sanitary sewer structures • Final curb grade and alignment • Alignment for bridge foundations One week advance notice is required by the Contract Administrator to schedule the construction layout. I Z: \wp\BACK- UPS\Forms \Sapp Gen Conditions- revised 14Mar27.docx I I SGC -2 5.0 Section GC 8.02.02, Advance Payments for Materials, the first sentence of paragraph 1 GC 8.02.02.01 shall be revised as follows: .01 The Owner may make advance payment for material intended for incorporation in the I work upon written request of the Contractor and according to the following terms and conditions: 6.0 Section GC 8.02.08.02, Taxes, shall be revised as follows: "Claims for compensation for additional tax cost shall be submitted by the Contractor to the I Contract Administrator on forms provided by the Contract Administrator to the Contractor. Such claims for additional tax costs shall be submitted not later than 120 days after completion." shall Section GC 8.02.08.03, Taxes, . th 1 be revised as follows: " the Contractor benefits from a change in Canadian Federal or Provincial taxes, the 1 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 120 days after completion." I I 1 I I I I 1 I I Z: \wp\BACK - UPS\Forms\Supp Gen Conditions - revised 14Mar27.docx I i ONTARIO PROVINCIAL STANDARDS I FOR I ROADS AND PUBLIC WORKS 1 d,Q S TgNO 4 a 0 P cf) I� J $ 441 L -pR GENERAL CONDITIONS. OF CONTRACT NOVEMBER 2006 1 I I ,' ,0 S17 Ontario Provincial Standards METRIC S� for METRIC s �� � s Roads and Public Works November 2006 I OPS GENERAL CONDITIONS OF CONTRACT Table of Contents I SECTION GC 1.0 - INTERPRETATION GC 1.01 Captions 6 I GC 1.02 Abbreviations 6 GC 1.03 Gender and Singular References 6 I GC 1.04 Definitions 6 GC 1.05 Substantial Performance 11 I GC 1.06 Completion 11 I GC 1.07 Final Acceptance 11 GC 1.08 Interpretation of Certain Words 11 I SECTION GC 2.0 - CONTRACT DOCUMENTS I GC 2.01 Reliance on Contract Documents 12 GC 2.02 Order of Precedence 12 I SECTION GC 3.0 - ADMINISTRATION OF THE CONTRACT GC 3.01 Contract Administrator's Authority 14 1 GC 3.02 Working Drawings 15 I GC 3.03 Right of the Contract Administrator to Modify Methods and Equipment 16 GC 3.04 Emergency Situations 16 I GC 3.05 Layout 16 GC 3.06 Extension of Contract Time 16 I GC 3.07 Delays 17 GC 3.08 Assignment of Contract 17 I GC 3.09 Subcontracting by the Contractor 18 1 I Page 1 Rev. Date: 11/2006 OPSS.MUNI 100 I GC 3.10 Changes 18 I GC 3.10.01 Changes in the Work 18 1 GC 3.10.02 Extra Work 19 GC 3.10.03 Additional Work 19 1 GC 3.11 Notices 19 GC 3.12 Use and Occupancy of the Work Prior to Substantial Performance 19 1 GC 3.13 Claims, Negotiations, Mediation 20 GC 3.13.01 Continuance of the Work 20 1 GC 3.13.02 Record Keeping 20 GC 3.13.03 Claims Procedure 20 GC 3.13.04 Negotiations 21 III GC 3.13.05 Mediation 21 GC 3.13.06 Payment 21 1 GC 3.13.07 Rights of Both Parties 21 GC 3.14 Arbitration 21 1 GC 3.14.01 Conditions for Arbitration 21 GC 3.14.02 Arbitration Procedure 22 1 GC 3.14.03 Appointment of Arbitrator 22 GC 3.14.04 Costs 22 1 GC 3.14.05 The Decision 23 GC 3.15 Archaeological Finds 23 SECTION GC 4.0 - OWNER'S RESPONSIBILITIES AND RIGHTS I GC 4.01 Working Area 24 GC 4.02 Approvals and Permits 24 1 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 1 GC 4.06 Contractor's Right to Correct a Default 25 I Page 2 Rev. Date: 11/2006 OPSS.MUNI 100 I 1 GC 4.07 Owner's Right to Correct a Default 26 I GC 4.08 Termination of Contractor's Right to Continue the Work 26 GC 4.09 Final Payment to Contractor 26 I GC 4.10 Termination of the Contract 26 GC 4.11 Continuation of Contractor's Obligations 27 I GC 4.12 Use of Performance Bond 27 GC 4.13 Payment Adjustment 27 I SECTION GC 5.0 - MATERIAL I GC 5.01 Supply of Material 28 GC 5.02 Quality of Material 28 I GC 5.03 Rejected Material 28 GC 5.04 Substitutions 29 I GC 5.05 Owner Supplied Material 29 GC 5.05.01 Ordering of Excess Material 29 1 GC 5.05.02 Care of Material 29 I SECTION GC 6.0 - INSURANCE, PROTECTION AND DAMAGE GC 6.01 Protection of Work, Persons, and Property 31 I GC 6.02 Indemnification 31 GC 6.03 Contractor's Insurance 32 1 GC 6.03.01 General 32 I GC 6.03.02 General Liability Insurance 32 GC 6.03.03 Automobile Liability Insurance 33 I GC 6.03.04 Aircraft and Watercraft Liability Insurance 33 GC 6.03.04.01 Aircraft Liability Insurance 33 GC 6.03.04.02 Watercraft Liability Insurance 33 I GC 6.03.05 Property and Boiler Insurance 33 GC 6.03.05.01 Property Insurance 33 GC 6.03.05.02 Boiler Insurance 34 I GC 6.03.05.03 Use and Occupancy of the Work Prior to Completion 34 GC 6.03.05.04 Payment for Loss or Damage 34 I 1 Page 3 Rev. Date: 11/2006 OPSS.MUNI 100 I GC 6.03.06 Contractor's Equipment Insurance 35 I GC 6.03.07 Insurance Requirements and Duration 35 1 GC 6.04 Bonding 35 GC 6.05 Workplace Safety and Insurance Board 36 1 SECTION GC 7.0 - CONTRACTOR'S RESPONSIBILITIES AND CONTROL OF THE WORK I GC 7.01 General 37 GC 7.02 Layout 39 1 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 7.06 Condition of the Working Area 40 j GC 7.07 Maintaining Roadways and Detours 40 GC 7.08 Access to Properties Adjoining the Work and Interruption of Utility Services 41 I 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 II GC 7.12 Notices by the Contractor 42 GC 7.13 Obstructions 43 1 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 1 GC 7.18 Drainage 44 SECTION GC 8.0 - MEASUREMENT AND PAYMENT I GC 8.01 Measurement 45 1 GC 8.01.01 Quantities 45 GC 8.01.02 Variations in Tender Quantities 45 1 I Page 4 Rev. Date: 11/2006 OPSS.MUNI 100 I 1 GC 8.02 Payment 46 I GC 8.02.01 Price for Work 46 GC 8.02.02 Advance Payments for Material 46 I GC 8.02.03 Certification and Payment 47 GC 8.02.03.01 Progress Payment Certificate 47 GC 8.02.03.02 Certification of Subcontract Completion 47 GC 8.02.03.03 Subcontract Statutory Holdback Release Certificate and Payment 47 I GC 8.02.03.04 Certification of Substantial Performance 48 GC 8.02.03.05 Substantial Performance Payment and Substantial Performance Statutory Holdback Release Payment Certificates 48 I GC 8.02.03.06 Certification of Completion 49 GC 8.02.03.07 Completion Payment and Completion Statutory Holdback Release Payment Certificates 49 GC 8.02.03.08 Interest 50 I GC 8.02.03.09 Interest for Late Payment 50 GC 8.02.03.10 Interest for Negotiations and Claims 51 GC 8.02.03.11 Owner's Set -Off 51 GC 8.02.03.12 Delay in Payment 51 I GC 8.02.04 Payment on a Time and Material Basis 51 GC 8.02.04.01 Definitions 51 I GC 8.02.04.02 Daily Work Records 52 GC 8.02.04.03 Payment for Work 53 GC 8.02.04.04 Payment for Labour 53 GC 8.02.04.05 Payment for Material 53 I GC 8.02.04.06 Payment for Equipment 53 GC 8.02.04.06.01 Working Time 53 GC 8.02.04.06.02 Standby Time 53 I GC 8.02.04.07 Payment for Hand Tools 54 GC 8.02.04.08 Payment for Work by Subcontractors 54 GC 8.02.04.09 Submission of Invoices 54 GC 8.02.04.10 Payment Other Than on a Time and Material Basis 55 I GC 8.02.04.11 Payment Inclusions 55 GC 8.02.05 Final Acceptance Certificate 55 I GC 8.02.06 Payment of Workers 55 GC 8.02.07 Records 55 I GC 8.02.08 Taxes 56 GC 8.02.09 Liquidated Damages 56 I I I 1 Page 5 Rev. Date: 11/2006 OPSS.MUNI 100 I SECTION GC 1.0 - INTERPRETATION GC 1.01 Captions I .01 The captions appearing in these General Conditions have been inserted as a matter of convenience and for ease of reference only and in no way define, limit, or enlarge the scope or meaning of the General Conditions or any provision hereof. GC 1.02 Abbreviations .01 The abbreviations on the left below are commonly found in the Contract Documents and represent the organizations and phrases listed on the right: "AASHTO" - American Association of State Highway Transportation Officials ! "ACI" - American Concrete Institute "ANSI" - American National Standards Institute "ASTM" - American Society for Testing and Materials "AWG" - American Wire Gauge "AWWA" - American Water Works Association "CCIL" - Canadian Council of Independent Laboratories "CESA" - Canadian Engineering Standards Association "CGSB" - Canadian General Standards Board "CSA" - Canadian Standards Association "CWB" - Canadian Welding Bureau "GC" - General Conditions "ISO" - International Organization for Standardization "MOE" - Ontario Ministry of the Environment "MTO" - Ontario Ministry of Transportation "MUTCD" - Manual of Uniform Traffic Control Devices (Replaced by OTM) "OPS" - Ontario Provincial Standard "OPSD" - Ontario Provincial Standard Drawing "OPSS" - Ontario Provincial Standard Specification "OTM" - Ontario Traffic Manual "PEO" - Professional Engineers Ontario "SAE" - Society of Automotive Engineers "SCC" - Standards Council of Canada "SSPC" - Structural Steel Painting Council "UL" - Underwriters Laboratories "ULC" - Underwriters Laboratories Canada I GC 1.03 Gender and Singular References .01 References to the masculine or singular throughout the Contract Documents shall be considered to include the feminine and the plural and vice versa, as the context requires. 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. 1 Page 6 Rev. Date: 11/2006 OPSS.MUNI 100 1 1 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. Agreement means the agreement between the Owner and the Contractor for the performance of the Work that is included in the Contract Documents. 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. Certificate of Subcontract Completion means the certificate issued by the Contract Administrator in accordance with clause GC 8.02.03.02, Certification of Subcontract Completion. Certificate of Substantial Performance means the certificate issued by the Contract Administrator at Substantial Performance. Change Directive means any written instruction signed by the Owner, or by the Contract Administrator where so authorized, directing that a Change in the Work or Extra Work be performed. Change in the Work means the deletion, extension, increase, decrease, or alteration of lines; grades; dimensions; quantities; methods; drawings; substantial changes in geotechnical, subsurface, surface, or other conditions; changes in the character of the Work to be done; or materials of the Work or part thereof, within the intended scope of the Contract. Change Order means a written amendment to the Contract signed by the Contractor and the Owner, or the Contract Administrator where so authorized, covering contingencies, a Change in the Work, Extra Work, Additional Work, and changed subsurface conditions; and establishing the basis for payment and the time allowed for the adjustment of the Contract Time. Completion Certificate means the certificate issued by the Contract Administrator at completion. Constructor means, for the purposes of, and within the meaning of the Occupational Health and Safety Act, R.S.O. 1990, c.O.1, as amended and amendments thereto, the Contractor who executes the Contract. Contract means the undertaking by the Owner and the Contractor to perform their respective duties, responsibilities, and obligations as prescribed in the Contract Documents. 1 Contract Administrator means the person, partnership, or corporation designated by the Owner to be the Owner's representative for the purposes of the Contract. Contract Documents mean the executed Agreement between the Owner and the Contractor, 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. 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. 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. I Page 7 Rev. Date: 11/2006 OPSS.MUNI 100 I Contractor means the person, partnership, or corporation undertaking the Work as identified in the Agreement. Controlling Operation means any component of the Work that, if delayed, may delay the completion of I the Work. Cost Plus has the same meaning as 'Time and Material." ' Cut -Off Date means the date up to which payment shall be made for work performed. Daily Work Records mean daily Records detailing the number and categories of workers and hours worked or on standby, types and quantities of Equipment and number of hours in use or on standby, and description and quantities of Material utilized. Day means a calendar day. I 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. I 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. Equipment means all machinery and equipment used for preparing, fabricating, conveying or erecting the Work and normally referred to as construction machinery and equipment. I Estimate means a calculation of the quantity or cost of the Work or part of it depending on the context. Extra Work means work not provided for in the Contract as awarded but considered by the Contract Administrator to be essential to the satisfactory completion of the Contract within its intended scope, including unanticipated work required to comply with legislation and regulations that affect the Work. Final Acceptance Certificate means the certificate issued by the Contract Administrator at Final Acceptance of the Work. Final Detailed Statement means a complete evaluation prepared by the Contract Administrator showing the quantities, unit prices, and final dollar amounts of all items of work completed under the Contract, including variations in tender items and Extra Work, all as set out in the same general form as the monthly estimates. Force Account has the same meaning as "Time and Material." 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. Hand Tools means tools that are commonly called tools or implements of the trade and include small power tools. Highway means a common and public highway any part of 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. Lot means a specific quantity of material or a specific amount of construction normally from a single source and produced by the same process. I Page 8 Rev. Date: 11/2006 OPSS.MUNI 100 I 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 I 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. 1 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 determined under the Financial Administration Act by the 1 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. i Page 9 Rev. Date: 11/2006 OPSS.MUNI 100 i Subcontractor means a person, partnership or corporation undertaking the execution of a part of the Work by virtue of an agreement with the Contractor. Subgrade means the earth or rock surface, whether in cut or fill, as prepared to support the pavement ' structure, consisting of Base, Subbase, and Pavement. 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. 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.l.8, as amended, executing a bond provided by the Contractor. Tender means an offer in writing from the Contractor, submitted in the format prescribed by the Owner, to complete the Work. Time and Material means costs calculated according to clause GC 8.02.04, Payment on a Time and I Material Basis. Where "Cost Plus" and "Force Account" are used they shall have the same meaning. Utility means an aboveground or underground facility maintained by a municipality, public utility authority I or regulated authority and includes services such as sanitary sewer, storm sewer, water, electric, gas, oil, steam, data transmission, telephone, and cable television. Warranty Period means the period of 12 months from the date of Substantial Performance or such I 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. I Work means the total construction and related services required by the Contract Documents. Working Area means all the lands and easements owned or acquired by the Owner for the construction of the Work. Working Day means any Day, a) except Saturdays, Sundays and statutory holidays; b) except a Day 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 normal labour and Equipment force effectively engaged on the Controlling Operation for at least 5 hours; c) except a Day on which the Contractor is prevented from proceeding with a Controlling Operation, as determined by the Contract Administrator by reason of, i. any breach of the Contract by the Owner or if such prevention is due to the Owner, another contractor hired by the Owner, or an employee of any one of them, or by anyone 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. I Page 10 Rev. Date: 11/2006 OPSS.MUNI 100 1 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 I shoring plans; Roadway protection plans; shop drawings; shop plans; or erection diagrams. GC 1.05 Substantial Performance I .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 I 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 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. 1 .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 1 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. i GC 1.06 Completion .01 The Work shall be deemed to be completed and services or Materials shall be deemed to be last I 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 I b) $1,000. 1 GC 1.07 Final Acceptance .01 Final Acceptance shall be deemed to occur when the Contract Administrator is satisfied that, to the best of the Contract Administrator's knowledge at that time, the Contractor has rectified all imperfect I work and has discharged all of the Contractor's obligations under the Contract. GC 1.08 Interpretation of Certain Words 1 .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 1 context clearly indicates otherwise. I I I Page 11 Rev. Date: 11/2006 OPSS.MUNI 100 I SECTION GC 2.0 - CONTRACT DOCUMENTS GC 2.01 Reliance on Contract Documents .01 The Owner warrants that the information furnished in the Contract Documents can be relied upon with the following limitations or exceptions: a) The location of all mainline underground Utilities that may affect the Work shall be shown to a 1 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 I g) Instructions to Tenderers h) Tender I i) Supplemental General Conditions j) General Conditions 1 k) Working Drawings Later dates shall govern within each of the above categories of documents. t .02 In the event of any conflict among or inconsistency in the information shown on Drawings, the following rules shall apply: I 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; I Page 12 Rev. Date: 11/2006 OPSS.MUNI 100 i c) Detailed Drawings shall govern over general Drawings; and 1 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 any one shall be as binding as if required by all. 1 1 1 1 I I 1 1 1 1 t 1 1 Page 13 Rev. Date: 11/2006 OPSS.MUNI 100 I SECTION GC 3.0 - ADMINISTRATION OF THE CONTRACT GC 3.01 Contract Administrator's Authority .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 1 Specifications, and to record the necessary data to establish payment quantities under the schedule of tender quantities and unit prices or to make an assessment of the value of the work completed in the case of a lump sum price Contract. ' .04 The Contract Administrator 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. i .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. I t Page 14 Rev. Date: 11/2006 OPSS.MUNI 100 1 .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 I 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 its 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. 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. 1 .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. 1 .03 The Contract Administrator shall 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 shall not relieve the Contractor of responsibility for errors or omissions in the Working Drawings or of responsibility for meeting all requirements of the Contract Documents, unless a deviation on the Working Drawings has been approved in writing by the Contract Administrator. t Page 15 Rev. Date: 11/2006 OPSS.MUNI 100 I .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. .06 Work related to the Working Drawings shall not proceed until the Working Drawings have been signed and dated by the Contract Administrator and marked with the words "Reviewed. Permission to construct granted." .07 The Contractor shall keep one set of the reviewed Working Drawings, marked as above, at the site at all times. GC 3.03 Right of the Contract Administrator to Modify Methods and Equipment .01 The Contractor shall, when requested in writing, make alterations in the method, Equipment, or work force at any time the Contract Administrator considers the Contractor's actions to be unsafe, or damaging to either the Work or existing facilities or the environment. , .02 The 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. 1 b) Changes in the Work, clause GC 3.10.01. 111 c) Extra Work, clause GC 3.10.02. I Page 16 Rev. Date: 11/2006 OPSS.MUNI 100 I 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 1 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. ' .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 1 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 1 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. I Page 17 Rev. Date: 11/2006 OPSS.MUNI 100 GC 3.09 Subcontracting by the Contractor .01 The Contractor may subcontract any part of the Work, subject to these General Conditions and any limitations specified in the Contract Documents. .02 The Contractor shall notify the Contract Administrator 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. .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 111 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, I 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. I .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 liability 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. t Page 18 Rev. Date: 11/2006 OPSS.MUNI 100 1 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. 1 GC 3.12 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 Page 19 Rev. Date: 11/2006 OPSS.MUNI 100 t 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 Claims, Negotiations, Mediation GC 3.13.01 Continuance of the Work , .01 Unless the Contract has been terminated or completed, the Contractor shall in every case, after serving or receiving any notification of a claim or dispute, verbal or written, continue to proceed with the Work with due diligence and expedition. It is understood by the parties that such action shall not jeopardize any claim it may have. GC 3.13.02 Record Keeping I .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 111 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. .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: I 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. 1 Page 20 Rev. Date: 11/2006 OPSS.MUNI 100 1 1 .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 30 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 1 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. Page 21 Rev. Date: 11/2006 OPSS.MUNI 100 I .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, S.O. 1991, c.17, as amended, shall apply to 1 any arbitration conducted hereunder except to the extent that they are modified by the express provisions of subsection GC 3.14, Arbitration. GC 3.14.02 Arbitration Procedure .01 The following provisions are to be included in the agreement to arbitrate and are subject only to such right of appeal as exist where the arbitrator has exceeded his or her jurisdiction or have otherwise disqualified him or herself: a) All existing actions in respect of the matters under arbitration shall be stayed pending arbitration; I 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 1 .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 111 requested to do so. .04 The arbitrator shall not be interested financially in the Contract nor in either party's business and shall not be employed by either party. I .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 appointment of the arbitrator. I GC 3.14.04 Costs .01 The arbitrator's fee shall be equally shared by the Owner and the Contractor. I .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. 1 Page 22 Rev. Date: 11/2006 OPSS.MUNI 100 I .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 90 Days of the conclusion of the hearing. An extension of time to make a decision may be granted with consent of both parties. Payment shall be made in accordance with clause GC 3.13.06, Payment. GC 3.15 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. 1 .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. 1 I I I I I I Page 23 Rev. Date: 11/2006 OPSS.MUNI 100 I 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 1 .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.S.O. 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. I I Page 24 Rev. Date: 11/2006 OPSS.MUNI 100 1 1 .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 Default 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. I Page 25 Rev. Date: 11/2006 OPSS.MUNI 100 I 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. 1 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 I 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 111 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. I 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. , Page 26 Rev. Date: 11/2006 OPSS.MUNI 100 r .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 .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. GC 4.12 Use of Performance Bond ' .01 If the Contractor is in default of the Contract and the Contractor has provided a Performance Bond, the provisions of Section GC 4.0, Owner's Responsibilities and Rights, shall be exercised in ' accordance with the conditions of the Performance Bond. GC 4 .13 Payment Adjustment .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. I 1 1 1 Page 27 Rev. Date: 11/2006 OPSS.MUNI 100 1 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. I .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 Administrator. Where the Contractor fails to comply with such notice, the Contract Administrator may cause the rejected Material to be removed from the Working Area and disposed of, in what the Contract Administrator considers to be the most appropriate manner, and the Contractor shall pay the costs of disposal and the appropriate overhead charges. 1 Page 28 Rev. Date: 11/2006 OPSS.MUNI 100 1 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 shall become the ' property of the Contractor on completion of the Work and shall be charged to the Contractor at cost plus applicable overheads. ' GC 5.05.02 Care of Material .01 The Contractor shall, in advance of receipt of shipments of Material supplied by the Owner, provide adequate and proper storage facilities acceptable to the Contract Administrator, and on the receipt of such Material shall promptly place it in storage, except where it is to be incorporated forthwith into the Work. .02 The Contractor shall be responsible for acceptance of Material supplied by the Owner, at the ' specified delivery point and for its safe handling and storage. If such Material is damaged while under the control of the Contractor, it shall be replaced or repaired by the Contractor at no expense to the Owner, and to the satisfaction of the Contract Administrator. If such Material is rejected by the ' Contract Administrator for reasons 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. Page 29 Rev. Date: 11/2006 OPSS.MUNI 100 I .04 The full amount of Material supplied by the Owner in each shipment shall be accounted for by the Contractor and such Material shall be at the risk of the Contractor after taking delivery. Such Material shall not, except with the written permission of the Contract Administrator, be used by the Contractor for purposes other than the performance of the Work under the Contract. .05 Empty reels, crates, containers, and other type of packaging from Material supplied by the Owner shall become the property of the Contractor when they 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. 1 I I 1 I I Page 30 Rev. Date: 11/2006 OPSS.MUNI 100 I I SECTION GC 6.0 - INSURANCE, PROTECTION AND DAMAGE I GC 6.01 Protection of Work, Persons and Property .01 The Contractor, the Contractor's agents, and all workers employed by or under the control of the I 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. I .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 I 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 I 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. I .04 The Contractor shall not be responsible for loss and damage that occurs as a result of, a) war; I b) blockades and civil commotions; c) errors in the Contract Documents; or I 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. 1 .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. I GC 6.02 Indemnification .01 The Contractor shall indemnify and hold harmless the Owner and the Contract Administrator, their I 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 failure to perform the I Work, provided such claims are, a) attributable to bodily injury, sickness, disease, or death or to damage to or destruction of tangible property; I 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. I I Page 31 Rev. Date: 11/2006 OPSS.MUNI 100 I .02 The Contractor shall indemnify and hold harmless the Owner from all and every claim for damages, royalties or fees for the infringement of any patented invention or copyright occasioned by the Contractor in connection with the Work performed or Material furnished by the Contractor under the Contract. .03 The Owner expressly waives the right to indemnity for claims other than those stated in paragraphs GC 6.02.01 and GC 6.02.02. 1 .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. .05 The Contractor expressly waives the right to indemnity for claims other than those stated in paragraph GC 6.02.04. GC 6.03 Contractor's Insurance ' GC 6.03.01 General .01 Without restricting the generality of subsection GC 6.02, Indemnification, the Contractor shall 1 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. .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. GC 6.03.02 General Liability Insurance .01 General liability insurance shall be in the name of the Contractor, with the Owner and the Contract Administrator named as additional insureds, with limits of not less than 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. .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. .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. .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. 1 Page 32 Rev. Date: 11/2006 OPSS.MUNI 100 1 .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 Property and Boiler Insurance GC 6.03.05.01 Property Insurance .01 All risks property insurance shall be in the name of the Contractor, with the Owner and the Contract Administrator named as additional insureds, insuring not less than the sum of the amount of the Contract price and the full value, as may be stated in the 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. I Page 33 Rev. Date: 11/2006 OPSS.MUNI 100 1 GC 6.03.05.02 Boiler Insurance .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. I GC 6.03.05.03 Use and Occupancy of the Work Prior to Completion .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. .02 The policies shall provide that, in the event of a loss or damage, payment shall be made to the I 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. - I GC 6.03.05.04 Payment for Loss or Damage .01 The Contractor shall be entitled to receive from the Owner, in addition to the amount due under the Contract, the amount at which the Owner's interest in restoration of the Work has been appraised, such amount to be paid as the restoration of the Work proceeds, and in accordance with the requirements of Section GC 8.0, Measurement and Payment. In addition, the Contractor shall be entitled to receive from the payments made by the insurers the amount of the Contractor's interest in the restoration of the Work. .02 The Contractor shall be responsible for deductible amounts under the policies, except where such amounts may be excluded from the Contractor's responsibility by the terms of this Contract. .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. 1 I i 1 Page 34 Rev. Date: 11/2006 OPSS.MUNI 100 I I GC 6.03.06 Contractor's Equipment Insurance I .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 I 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 I amended to provide permission for the Contractor to grant prior releases with respect to damage to the Contractor's Equipment. I GC 6.03.07 Insurance Requirements and Duration .01 Unless specified otherwise, the duration of each insurance policy shall be from the date of commencement of the Work until 10 Days after the date of Final Acceptance of the Work, as set out I in the Final Acceptance Certificate. .02 The Contractor shall rovide the Owner, on a form acceptable to the Owner, proof of p p , p o o insurance prior to commencement of the Work and signed by an officer of the Contractor and either the underwriter I or the broker. .03 The Contractor shall, on request, promptly provide the Owner with a certified true copy of each I 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. I .04 Where a policy is renewed, the Contractor shall provide the Owner, on a form acceptable to the Owner, renewed proof of insurance immediately following completion of renewal. I .05 Unless specified otherwise, the Contractor shall be responsible for the payment of deductible amounts under the policies. I .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. 1 .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 I deduct the costs thereof from monies which are due or may become due to the Contractor. GC 6.04 Bonding I .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 I 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. I I I Page 35 Rev. Date: 11/2006 OPSS.MUNI 100 I 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. I b) Prior to issue of the Certificate of Substantial Performance. c) Prior to expiration of the Warranty Period. 11 d) At any other time when requested by the Contract Administrator. i I I I I I I I I I I I Page 36 Rev. Date: 11/2006 OPSS.MUNI 100 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 1 Administrator. .03 The Contractor shall have complete control of the Work and shall effectively direct and supervise the Work so as to ensure conformity with the Contract Documents. The Contractor shall be responsible for construction means, methods, techniques, sequences, and procedures and for coordinating the various parts of the Work. .04 The Contractor shall 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. .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 I Page 37 Rev. Date: 11/2006 OPSS.MUNI 100 f) all Subcontractors and their workers are properly protected from injury while they are at the Work Area. .08 The Contractor, when requested, shall provide the Owner with a copy of its health and safety policy 1 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. I .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. I .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. I 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. .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 1 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. I I Page 38 Rev. Date: 11/2006 OPSS.MUNI 100 i 1 .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 lay out the Work, all as shown on the Contract Drawings. .02 The Contractor shall be responsible for the preservation of all property bars while the 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 lay out the baseline and benchmarks, and as may be necessary for the inspection of the Work. .04 The Contractor shall provide qualified personnel to lay out and establish all lines and grades necessary for construction. The Contractor shall notify the Contract Administrator of any layout work carried out, so that the same may be checked by the Contract Administrator. 1 .05 The Contractor shall install and maintain substantial alignment markers and secondary benchmarks as may be required for the proper execution of the Work. The Contractor shall supply one copy of all alignment and grade sheets to the Contract Administrator. .06 The Contractor shall assume full responsibility for alignment, elevations, and dimensions of each and all parts of the Work, regardless of whether the Contractor's layout work has been checked by the Contract Administrator. .07 All stakes, marks, and reference points 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. 1 .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. l Page 39 Rev. Date: 11/2006 OPSS.MUNI 100 I .03 The Contractor shall not enter upon or occupy any private property for any purpose, unless the Contractor has received prior written permission from the property owner. GC 7.04 Damage by Vehicles or Other Equipment I .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 .01 Where a vehicle is hauling Material for use on the Work, in whole or in part; upon a Highway; and where motor vehicle registration is required for such vehicle, the Contractor shall not cause or permit such vehicle to be loaded beyond the legal limit specified in the Highway Traffic Act, R.S.O. 1990, c.H.8, as amended, whether such vehicle is registered in the name of the Contractor or otherwise, except where there are designated areas within the Working Area where overloading is permitted. The Contractor shall bear the onus of weighing disputed loads. GC 7.06 Condition of the Working Area I .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 ponding 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 I 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 snowplowing. .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. I Page 40 Rev. Date: 11/2006 OPSS.MUNI 100 I 1 I .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 I detours shall be deemed to be included in the prices bid for the various tender items and no additional payment shall be made. I .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. I .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 I 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. I .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, erect, and maintain traffic control devices in accordance with the OTM. I .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 I Area that are being maintained by others. 7.08 Access to Properties Adjoining the Work and Interruption of Utility Services 1 .01 The Contractor shall provide at all times and at no extra cost to the Owner, a) adequate pedestrian and vehicular access; and I b) continuity of Utility services I 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. I .03 Where any interruptions in the supply of Utility services are required and are authorized by the Contract Administrator, the Contractor shall give the affected property owners notice in accordance with subsection GC 7.12, Notices by the Contractor, and shall arrange such interruptions so as to I create a minimum of interference to those affected. GC 7.09 Approvals and Permits I .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. 1 .02 The Contractor shall arrange for all necessary inspections required by the approvals and permits specified in paragraph GC 7.09.01. I I Page 41 Rev. Date: 11/2006 OPSS.MUNI 100 I GC 7.10 Suspension of Work .01 The Contractor shall, upon written notice from the Contract Administrator, discontinue or delay any or all of the Work and work shall not be resumed until the Contract Administrator so directs in writing. Delays, in these circumstances, shall be administered according to subsection GC 3.07, Delays. GC 7.11 Contractor's Right to Stop the Work or Terminate the Contract I .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 I 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. - I .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. GC 7.12 Notices by the Contractor .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. .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. I I Page 42 Rev. Date: 11/2006 OPSS.MUNI 100 I GC 7.13 Obstructions .01 Except as otherwise noted in these General Conditions, the Contractor assumes all the risks and responsibilities arising out of any obstruction encountered in the performance of the Work and any traffic conditions, including traffic conditions on any Highway or road giving access to the Working Area caused by such obstructions, and the Contractor shall not make any claim against the Owner for any loss, damage, or expense occasioned thereby. .02 Where the obstruction is 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 consult with Utility companies or other appropriate authorities for further information in regard to the exact location of these Utilities, to exercise the necessary care in construction operations, and to take such other precautions as are necessary to safeguard the Utilities from damage. GC 7.14 Limitations of Operations .01 Except for such work as may be required by the Contract Administrator to maintain the Work in a safe and satisfactory condition, the Contractor shall not carry out operations under the Contract on Saturdays, Sundays, and Statutory Holidays without permission in writing from the Contract Administrator. .02 The Contractor shall cooperate and coordinate the Work with other Contractors, Utility companies, and the Owner and they shall be allowed access to their work or plant at all reasonable times. GC 7.15 Cleaning Up Before Acceptance .01 Upon attaining Substantial Performance of the Work, the Contractor shall remove surplus materials, tools, construction machinery and equipment not required for the performance of the remaining Work. The Contractor shall also remove all temporary works and debris other than that caused by the Owner or others and leave the Work and Working Area clean and suitable for occupancy by the Owner, unless otherwise specified. .02 The Work shall not be deemed to have reached Completion until the Contractor has removed surplus materials, tools, construction machinery, and equipment. The Contractor shall also have removed debris, other than that caused by the Owner, or others. 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 shall 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, I Page 43 Rev. Date: 11/2006 OPSS.MUNI 100 I b) where the work is completed after the date of Substantial Performance, 12 months after Completion of the Work, c) where there is no Certificate of Substantial Performance, 12 months from the date of Completion I 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. 1 .03 The Contractor shall correct or pay for damage resulting from corrections made under the requirements of paragraph GC 7.16.02. GC 7.17 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. I I I I I I I I Page 44 Rev. Date: 11/2006 OPSS.MUNI 100 I 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 1 paid according to Actual Measurement or lump sum. GC 8.01.02 Variations in Tender Quantities 1 .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. I I Page 45 Rev. Date: 11/2006 OPSS.MUNI 100 I GC 8.02 Payment I GC 8.02.01 Price for Work .01 Prices for the Work shall be full compensation for all labour, Equipment and Material required in its performance. The term "all labour, Equipment, and Material" shall include Hand Tools, supplies, and other incidentals. .02 Payment for work not specifically detailed as part of any one item and without specified details of payment 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 i. Sources Other Than Commercial (1) Granular A, B, BI, BII, BIII, 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. I Page 46 Rev. Date: 11/2006 OPSS.MUNI 100 I GC 8.02.03 Certification and Payment GC 8.02.03.01 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, 1 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 1 monies; b) evidence satisfactory to the Contract Administrator that the Subcontractor has discharged all liabilities incurred in carrying out the subcontract; I Page 47 Rev. Date: 11/2006 OPSS.MUNI 100 I c) a satisfactory clearance certificate or letter from the Workplace Safety and Insurance Board relating to the subcontract; and d) a copy of the contract between the Contractor and the Subcontractor and a satisfactory I 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. .03 Upon receipt of the statutory holdback, the Contractor shall forthwith give the Subcontractor the payment due under the subcontract. I .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.S.O. 1990, c.C.30, as amended, publish a copy of the certificate in a construction trade newspaper. Such publication shall include placement in the Daily Commercial News. .04 Where the Contractor fails to publish a copy of the Certificate of Substantial Performance as 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 111 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; t Page 48 Rev. Date: 11/2006 OPSS.MUNI 100 I I 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 1 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 holdbacks properly retained; 1 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 I 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 1 Payment Certificate or where appropriate, a combined payment certificate. .02 The Completion Payment Certificate shall show, 1 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 1 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: l Page 49 Rev. Date: 11/2006 OPSS.MUNI 100 t 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 I c) a satisfactory Certificate of Clearance from the Workplace Safety and Insurance Board. GC 8.02.03.08 Interest I .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 I 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. r I I Page 50 Rev. Date: 11/2006 OPSS.MUNI 100 I 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 1 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 I 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 supplied from stock and valued at current market prices for the purpose of carrying out Extra Work by the Contractor or by others, when such arrangements have been made by the Contractor for completing the Work, as shown by itemized invoices. Operated Rented Equipment means Rented Equipment for which an operator is provided by the supplier of the equipment and for which the rent or lease includes the cost of the operator. I Page 51 Rev. Date: 11/2006 OPSS.MUNI 100 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 any one Working Day and during which time a unit of equipment cannot practically be used on other work but must remain on the site in order to continue with its assigned task and during which time the unit is in fully operable condition. Structure Work means the construction, reconstruction, repair, alteration, remodelling, renovation, or demolition of any bridge, building, tunnel, or retaining wall and includes the preparation for and the laying of the foundation of any bridge, building, tunnel, or retaining wall and the installation of equipment and appurtenances incidental thereto. 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 I .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. I Page 52 Rev. Date: 11/2006 OPSS.MUNI 100 I 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 1 .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. I .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 Payment for Equipment ' GC 8.02.04.06.01 Working Time .01 The Owner shall pay the Contractor for the Working Time of all Equipment, other than Rented 1 Equipment and Operated Rented Equipment, used on the Work on a Time and Material basis at The 127 Rates with a cost adjustment as follows: a) Cost $10,000 or less - no adjustment; ' b) Cost greater than $10,000 but not exceeding $20,000 - payment $10,000 plus 90% of the portion in excess of $10,000; and c) Cost greater than $ 20,000 - $19,000 plus 80% of the portion in excess of $20,000. .02 The Owner 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 I Page 53 Rev. Date: 11/2006 OPSS.MUNI 100 i 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 I 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 111 Material Basis, plus a markup calculated on the following basis: a) 20% of the first $3,000; plus b) 15% of the amount from $3,000 to $10,000; plus c) 5% of the amount in excess of $10,000. .02 No further markup shall be applied regardless of the extent to which the work is assigned or sublet to others. If work is assigned or sublet to an associate, as defined by the Securities Act, no markup whatsoever shall be applied. 1 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. I 1 Page 54 Rev. Date: 11/2006 OPSS.MUNI 100 I I .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 I accordance with the contract administrative procedures and the Contractor's invoice of the Work on a Time and Material Basis. .04 The final "Summary for Payment of Accounts on a Time and Material Basis" shall be submitted by I 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 I .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. III GC 8.02.04.11 Payment Inclusions .01 Except where there is agreement in writing to the contrary, the compensation, as herein provided, 1 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. 1 GC 8.02.05 Final Acceptance Certificate .01 After the acceptance of the Work, the Contract Administrator shall issue the Final Acceptance I 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. 1 GC 8.02.06 Payment of Workers The Contractor shall, in addition to any fringe benefits, pay the workers employed on the Work in .01 , accordance with the labour conditions set out in the Contract and at intervals of not less than twice a month. a .02 The Contractor shall require each Subcontractor doing any part of the Work to pay the workers I 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 I 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 I ! Work, Extra Work, and claims arising therefrom. he refro m. 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 I such original Records until 12 months after the Final Acceptance Certificate is issued or until all claims have been settled, whichever is longer. The Contractor shall require that Subcontractors employed by the Contractor preserve all original Records pertaining to the Work, Changes in the Work, Extra Work, and claims arising therefrom for a similar period of time. I .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 III certified copies of any part of its Records required, whenever requested by the Owner. I 1 Page 55 Rev. Date: 11/2006 OPSS.MUN! 100 I GC 8.02.08 Taxes .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. .02 Claims for compensation for additional tax cost shall be submitted by the Contractor to the Contract Administrator on forms provided by the Contract Administrator to the Contractor. Such claims for additional tax costs shall be submitted not less than 30 Days after the date of Final Acceptance. .03 Where the Contractor benefits from a change in Canadian Federal or Provincial taxes, the Contractor shall submit to the Contract Administrator, on forms provided by . the Contract Administrator, a statement of such benefits. This statement shall be submitted not later than 30 Days after Final Acceptance. .04 Changes in Canadian Federal or Provincial taxes 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. GC 8.02.09 Liquidated Damages .01 When liquidated damages are specified in the Contract and the Contractor fails to complete the Work in accordance with the Contract, the Contractor shall pay such amounts as are specified in the Contract Documents. 1 I i 1 i Page 56 Rev. Date: 11/2006 OPSS.MUNI 100 1 A -1 ' AGREEMENT CONTRACT NO. 09083 ' THIS AGREEMENT MADE IN TRIPLICATE THIS 7 DAY OF July , 2016. 1 BETWEEN: ' MUNICIPALITY OF KINCARDINE (hereinafter called "the Owner ") 1475 Concession 5, RR 5 OF THE FIRST PART Kincardine, ON N2Z 2X6 - and - I VANDRIEL EXCAVATING INC. (hereinafter called "the Contractor ") 37594 Telephone Road, P.O. Box 339 OF THE SECOND PART I Clinton, ON NOM 1L0 WINES SETH 1 That the Owner and the Contractor, in consideration of the fulfilment of their P respective promises and P obligations herein set forth covenant and agree with each other as follows: 1 ARTICLE 1 a) A description of the work is: Municipality of Kincardine, Construction of Retaining Wall at the Kincardine Marina, Contract No. 09083. ' b) The Contractor shall, except as otherwise specifically provided, at his own expense, provide all and every kind of labour, machinery, plant, structures, roads, ways, materials, appliances, articles and things necessary for the due execution and completion of all the work set out in this contract and shall forthwith according to the instructions of the Contract Administrator 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, or ' 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, 1 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 k) Working Drawings 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 at the tendered lump sum or unit prices after measurement approved by the Contract Administrator, the total which is presently estimated to be the sum of Seventy Seven Thousand, Nine Hundred Thirty Three Dollars and Fifty Eight Cents ($77,933.58) subject to such additions and deductions as may properly be made under the terms hereof, subject to the provision that the Owner may make payments on account monthly or otherwise as may be provided in the attached hereto. 1 ARTICLE 5 Where any notice, direction or other communication is required to be or may be given or made 1 by one of the parties hereto to the other or to the Contract Administrator, it shall be deemed sufficiently given or made if mailed or delivered in writing to such party or to the Contract Administrator at the following address: B. M. ROSS AND ASSOCIATES LIMITED Engineers and Planners 62 North Street Goderich, ON N7A 2T4 ' Where any such notice, direction or other communication is given or made to the Contract Administrator, a copy thereof shall likewise be delivered to any agent of the Contract Administrator 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 Contract Administrator. 1 A -3 ' 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 thereto 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 1 contained made by the Owner shall be the only covenants and agreements upon which any rights against the Owner may be founded. 1 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 or 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 thereof, 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. ' ARTICLE 10 The Contractor declares that in entering into this Contract, he shall uphold the obligations of the Ontario Human Rights Code, the Occupational Health and Safety Act, the Employment Standards Act, the Accessibility for Ontarians with Disabilities Act, the Criminal Code of Canada and the Charter of Rights and Freedoms. In addition, he shall uphold any obligations established by the Owner's policies which prohibit harassment/discrimination on a number of grounds including political affiliation and the level of literacy. 1 WHERE LEGALLY MANDATED, the Contractor shall have in place the necessary policies, programs, information, instruction, plans and/or other supports that are consistent with his obligations and he shall have an internal process available for employees and service recipients to prevent, address and remedy discrimination, racism, harassment, hate and inaccessibility complaints. The Contractor agrees that he shall, upon request by the Owner, provide evidence of ' the policies, programs, information, instruction, plans and other supports and an appropriate internal complaint resolution process required under this Declaration which is sufficient to allow the Owner to determine compliance. The Contractor acknowledges that failure to demonstrate ' compliance with this declaration, to the satisfaction of the Owner, may result in the termination of the contract. 1 1 I A -4 ARTICLE 11 1 This contract shall apply to and be binding on the parties hereto and their successors, administrators, executors and assigns and each of them. 1 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 I their proper officer, as the case may be. 1 FOR THE OWNER: .iiiits ji__ 1 P Signature Name Tide Date 1 I/We have the authority to bind the corporation. 1 ow L N c ci � C_,tg O „1 , i L Signature Namb Title ate I/We have the authority to bind the corporation. 1 FOR THE CO 4'. CTOR: -/ 4, J �►�a,V�1�� �P� \den- fly ( , 26th Signature Name Title Date I I/We have the authority to bind the corporation. Signature Name Title Date I I/We have the authority to bind the corporation. 1 1 Y:\ Project _Mgmt_Resources\Forms_Templates \Contracts \Contract Documents\A1- 4- 15Aug8.docx 1 1 Page 1 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. 1 ALL CONTRACTORS SHALL: ' 1. Demonstrate establishment and maintenance of health and safety program with objectives and standards consistent with applicable legislation and with the Municipality of 1 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 YP g Y 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 1 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 of all. 1 1 Y:\Project_Mgmt Resources\Forms _Templates \Contracts \Contract Documents\KINCARDINE F 1 Page 2 1 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. Co tractor's Name Date 1 1 1 1 1 1 1 1 1 1 1 1 Y:\Project_Mgmt_Resources\Forms _Templates \Contracts \Contract Documents\KINCARDINE 1- 1 I CONTRACT RELEASE ON THE MATTER of a contract, known as Contract No. I (entered into between ( the Owner ( AND I ( the Contractor (dated , 20 (for the construction of 1 ( (in , Ontario. I 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 I 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 1 manner of action and actions, cause and causes of action, suits, debts, dues, sums of money, claims and demands whatsoever at law or in equity which I/We ever had or now have, or which I/We or my /our heirs, executors, administrators or assigns or successors and assigns, as the case I 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 1) the retention by the Owner of the maintenance holdback of the Contract price; 2) any sum retained by the Owner against the cost of uncompleted work; I 3) I (if none, state "none ") I IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals. I SIGNED, SEALED AND DELIVERED ) ) 1 Witness or Company Seal Date I Y:\Project Mgmt_Resources\Forms _Templates \Contracts \Contract Documents \Contract Release 15Ju115.docx 1 I STATUTORY DECLARATION RE: LIENS, LIABILITIES & PAYMENT OF ACCOUNTS DOMINION OF CANADA IN THE MATTER of (a contract, known as I PROVINCE OF ONTARIO entered into between ( the Owner AND ( the Contractor I dated ( , 20 for the construction of in ( , Ontario. I TO WIT: I, of in the Province of , do solemnly declare: 1 1. That I am of the (President, Secretary, Treasurer, a Partner, etc.) I 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, R.S.O. 1990, I c.C.30 and amendments thereto, and with the requirements of statutes and regulations of the Province of Ontario relating to the payment of fair wages. 3. That with the exception of accounts listed below, and amounts held back and amounts deferred by I written agreement, all liabilities incurred by the said Contractor arising out of work performed have been discharged. 4. That the following is a complete list of disputed accounts: Name & Address of Creditor Service Rendered Total Claims ($) Amount in Dispute Amount Paid ($) (If there are no accounts, enter "NONE" above) I 5. That all persons who have placed or furnished any material or things to be used in connection with the above Contract have been fully paid or their claims have been settled in respect of such work, service, materials or things and there are no liens, garnishees, attachments or claims relating U thereto. 6. That all subcontractors who were engaged in or in any manner associated with the performance of any part of the above contract have discharged all liabilities which they incurred in respect thereof. 7. That all claims for damage to property or injury to persons of which the above -named Contractor 1 has received notice have been fully paid or settled, except for the following: Claimant Description of Amount of Amount Paid ($) I Claim Claim ($) _ (If there are no accounts, enter "NONE" above) Y:\Project_Mgmt Resources\Forms _Templates \Contracts \Contract Documents \Statutory Declaration 16May19.docx Page 1 of 2 8. That the above -named Contractor has not had any notice of any grounds for a claim (other than those covered by paragraph 7 above) connected with this contract by a third party and for which a claim might be made and I believe that no such claim will be made. AND I MAKE THIS SOLEMN DECLARATION conscientiously believing it to be true and knowing that it is of the same force and effect as if made under oath and by virtue of "The Canada Evidence Act ". 1 DECLARED before me at the of ) in the County of ) this day of ) A.D. 20 ) 1 A Commissioner, etc. or Notary Public 1 1 1 1 Y:\ Project _Mgmt_Resources\Forms_Templates \Contracts \Contract Documents \Statutory Declaration 16May19.docx Page 2 of 2 APPENDIX A ' CONSERVATION AUTHORITY PERMIT • 1 1 1 1 1 1 1 1 e AMIE 1078 Bruce Road 12, P.O. Box 150, Formosa ON Canada NOG 1WO CONS E RVA 1 ") C) N Tel 519 - 367 -3040, Fax 519 - 367 -3041, publicinfo@svca.on.ca, www.svca.on.ca SENT ELECTRONICALLY ONLY (cao @kincardine.net) 1 May 30, 2016 Municipality of Kincardine 1475 Concession 5 R.R. # 5 Kincardine, ON ' NZZ 2X6 ATTENTION: Murray Clarke. Chief Administrative Officer Dear Mr. Clarke: RE: Application to Alter a Regulated Area ' Retaining Wall along Huron Terrace Geographic Town of Kincardine Municipality of Kincardine ' SVCA Permit No. 16-081 The Saugeen Valley Conservation Authority (SVCA) has approved your application to construct a new precast ' concrete block retaining wall including the removal of the existing wall and related works such as placement of sediment /erosion control measures, excavation, removal of all excess fill material from the site, drainage, filling, regrading and restoration. This approval is subject to conditions, which are stated on the permit. If you cannot comply with any condition listed as part of this approval, you must not begin your project and you must notify the SVCA. Thank you for your cooperation. Should you have any questions, please do not hesitate to contact Paul Elston of this office. ' Sincerely, Erik Downing ' Manager, Environmental Planning & Regulations Saugeen Conservation ED /pe Encl. Watershed Member Municipalities Municipality of Arran- Elderslie, Municipality of Brockton, Township of Chatsworth, Municipality of Grey Highlands, l Town of Hanover, Township of Howick, Municipality of Morris - Turnberry, Municipality of South Bruce, Conservation Township of Huron - Kinloss, Municipality of Kincardine, Town of Minto, Township of Wellington North, ONTARIO Town of Saugeen Shores, Township of Southgate, Municipality of West Grey 1 Municipality of Kincardine Re: SVCA Permit No. 16 -081 May 30, 2016 Page 2 of 2 cc: Jim Cooper, Kincardine Yacht Club (via email) 1 Ken Logtenberg, B.M. Ross & Associates Ltd., Agent (via email) Maureen Couture, Authority Member, SVCA (via email) Andrew White, Authority Member, SVCA (via email) 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 rw 1 j I PERMIT NO. 116 -081 r r E PERMIT (;`k 1 CONSERVATION Conservation Authorities Act, R.S.0.,1990, Chap. C27 1078 Bruce Rd. 12, P.O. Box 150 Formosa ON NOG iwO SCHEDULE © OF 1 THIS PERMIT ISSUED ON May 30, 2016 AND EXPIRES ON May 30 2017 Y Y , 1 n Permit for Major Works 0 Permit for Minor Works © Permit for Standard /Other Works PERMIT TO: Alter a Watercourse X Place Fill or do Grading in a Regulated Area Construct a Building in a Regulated Area 1 X Construct a Structure in a Regulated Area I In accordance with Regulation 169/06 and amendments thereto, permission is granted to: Name: Municipality of Kincardine 1475 Concession 5, Municipality: Kincardine, ON r Mailing Address: ali R.R. # 5 p �' 1 Postal Code: N2Z 2X6 Phone No.: 519 - 396 -3468 For the following works: Construction of a new precast concrete block retaining wall including the removal of the I existing wall and related works such as placement of sediment/erosion control measures, excavation, removal of all excess fill material from the site, drainage, filling, regrading and restoration, in accordance with conditions attached hereto. I at Part Lot: 10 Civic No.: 236 Harbour Street I Plan No.: 77 Municipality: Municipality of Kincardine (Geographic Town of Kincardine) 1 for the period of: May 30, 2016 to May 30, 2017 SUBJECT TO THE SPECIFIC CONDITIONS STATED IN SCHEDULE 2 TO THIS PERMIT: I NOTE: BEGIN YOUR PROJECT ONLY IF YOU, THE APPLICANT, AGREE TO ALL OF THE SPECIFIC AND GENERAL CONDITIONS STATED IN THIS PERMIT. IF YOU DISAGREE WITH ANY CONDITION, YOU MUST NOTIFY THE SVCA AND YOU MUST NOT BEGIN YOUR PROJECT. GENERAL CONDITIONS: See reverse side of this form. Manager, Environmental Planning & ��i Regulations i Signature of Authority Official Title 1 IMPORTANT! Read the reverse of this form GENERAL CONDITIONS The applicant, by acceptance and in consideration of the issuance of this permit, agrees to the following conditions: , 1. The applicant shall comply with the Specific Conditions in the attached schedules. 2. This ermit is valid only for the time period specified and the applicant agrees to request an extension from P Y P P RR g q the Saugeen Valley Conservation Authority prior to the expiration of this period should an extension be required. 3. This permit does not preclude any other legislation, federal or provincial, or necessary approvals from the local municipality. 4. Authorized representatives of the Saugeen Valley Conservation Authority may, at any time, enter onto the lands which are described herein in order to make surveys, examinations, investigations or inspections which are required for the purpose of ensuring that the work(s) authorized by this permit are being carried out according to the terms of this permit. 5. The applicant agrees , (a) to indemnify and save harmless on a solicitor and client basis, the Saugeen Valley Conservation Authority and its officers, employees, or agents, from and against all damage, loss, costs, claims, demands, actions and proceedings, arising out of or resulting from any act or omission of the owner and /or applicant or of any of his /her agents, employees or contractors relating to any of the particulars, terms or conditions of this permit; ' (b) that this permit shall not release the applicant from any legal liability or obligation and remains in force subject to all limitations, requirements and liabilities imposed by law; (c) that all complaints arising from the execution of the works authorized under this permit shall be reported prior to the expiration of this permit by the applicant to the Saugeen Valley Conservation Authority. The applicant shall indicate any action which has been taken, or is planned to be taken, if any, with regard to each complaint; (d) that the permit issued herein is based upon the plans or sketches submitted to the Saugeen Valley ' Conservation Authority and the accuracy of the matters contained in the application to the Authority. 6. This permit is not assignable. 1 7. The applicant acknowledges that should the works be carried out in contrary to the terms of this permit, the permit may be revoked and the applicant may be in violation of the Saugeen Valley Conservation Authority's Development, Interference with Wetlands and Alterations to Shorelines and Watercourses Regulation (Ontario Regulation 169/06), and subject to the penalties imposed under the Conservation Authorities Act, R.S.0, 1990, Chap. C27, as amended. This permit is a public record which is accessible upon request. This information in this permit is collected under the authority of the Conservation Authorities Act, R.S.O, 1990, Chap. C27, as amended. 1 1 / I PERMIT NO. 16 1 SCHEDULE © OF EI 1 APPLICANT: Municipality of Kincardine I SPECIFIC CONDITIONS: 1. The construction of a new precast concrete block retaining wall including the removal of the existing wall and I related works such as the placement of sediment /erosion control measures, excavation, removal of all excess fill material from the site, drainage, filling, regrading and restoration shall be in accordance with the Application dated April 28, 2016 and the design drawing dated April 25, 2016 (received by the SVCA on May 3, 2016) entitled "Kincardine Marina — Retaining Wall Along Huron Terrace" prepared by B.M. Ross & Associates Ltd. I 2. The Municipality of Kincardine shall retain the services of the consulting engineer who prepared the drawings, g R R gs, specifications, etc. to supervise the construction of the project from its outset to its finalization. I 3. It is the responsibility of the Applicant (the Municipality of Kincardine) to ensure that any contractor(s) hired to do the work receive a copy of this permit. I 4. Re- fueling of equipment shall be done at least 30 metres from the harbor and watercourse, and where no fuel will enter the adjacent waterbody. I 5. This permit grants permission for the construction of a new concrete retaining wall and related works listed in Condition No. 1 above. If additional work related to the retaining wall or on lands adjacent thereto is proposed, the 1 SVCA must be contacted prior to the work commencing. 1 1 1 1 1 1 1 1