HomeMy WebLinkAbout22 025 Kincardine to Inverhuron Provincial Park Trail Construction (Roubos Farm Service Ltd.) Tender Acceptance By-lawTHE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
BY-LAW
NO. 2022 - 025
BEING A BY-LAW TO ACCEPT A TENDER FOR KINCARDINE TO
INVERHURON PROVINCIAL PARK (KIPP) TRAIL CONSTRUCTION PROJECT
(Roubos Farm Service Ltd.)
WHEREAS Section 44 of the Municipal Act, 2001, S.O. 2001, c.25, as amended,
provides that a municipality has jurisdiction over a highway or bridge shall keep it
in a state of repair that is reasonable in the circumstances;
AND WHEREAS 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 trail construction
from Kincardine to Inverhuron Provincial Park (KIPP Trail), with funds allocated in
the 2021 Capital Budget;
NOW THEREFORE the Council of The Corporation of the Municipality of
Kincardine ENACTS as follows:
1. That the tender of Roubos Farm Service Ltd. For the Kincardine to
Inverhuron Provincial Park (KIPP) Trail Construction Project, in the amount
$1,998,713.19 (including the nonrefundable portion of HST), be hereby
accepted as per the tender agreement attached hereto as Schedule “A”.
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 “Kincardine to Inverhuron Provincial Park
Trail Construction (Roubos Farm Service Ltd.) Tender Acceptance By-law”.
READ a FIRST and SECOND TIME this 14th day of February, 2022.
READ a THIRD TIME and FINALLY PASSED this 14th day of February, 2022.
Mayor Clerk
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1 MUNICIPALITY OF KINCARDINE
KINCARDINE TO INVERHURON
PROVINCIAL PARK TRAIL (KIPP TRAIL)
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BRUCE ROAD 23 - KINCARDINE TO KINHURON ROAD
CONTRACT NO. 14241
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1 , BMROSS
engineering better communities
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MUNICIPALITY OF HINCARDINE
' KINCARDINE TO INVERHURON
PROVINCIAL PARK TRAIL (KIPP TRAIL)
BRUCE ROAD 23 - KINCARDINE TO KINHURON ROAD
CONTRACT NO. 14241
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Re-Issued January 2022
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1 MUNICIPALITY OF KINCARDINE
KINCARDINE TO INVERHURON
I PROVINCIAL PARK TRAIL (KIPP TRAIL)
BRUCE ROAD 23 - KINCARDINE TO KINHURON ROAD
CONTRACT NO. 14241
1 INDEX TO CONTRACT DOCUMENTS
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IDescription Page
Information to Bidders IB-1 —IB-7
Tender
Form of Tender T-1 —T-8
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T-A & T-B
Statement re Sub-Contractors
Agreement to Bond
ISchedule of Plans, Specifications, General Conditions & Standards
IIndex to Special Provisions
Special Provisions SP-1 to SP-36
ISupplemental General Conditions Pages 1- 8
General Conditions—OPSS.MUNI 100 Rev. Date: 11/2019
IAgreement A-1-A-4
IMunicipality of Kincardine - Corporate Statement Occupational Health and Safety
Contract Release
IStatutory Declaration Re: Liens, Liabilities & Payment of Accounts
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Standards
Appendix A—Permits and Approvals
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� INFORMATION TO BIDDERS
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INDEX TO INFORMATION TO BIDDERS (May 2020) I
1) Date and Place for Receiving Tenders LB-1
2) Tender Deposit IB-1
3) Submission of Tender IB-1
4) Clarification IB-2
5) Withdrawal of Tender IB-2 ,
6) Disqualification of Tender IB-2
7) Tender Award IB-2
8) Form of Agreement IB-3
9) Competency of Bidders IB-3
10) Completion Date and Liquidated Damages IB-3
11) Taxes IB-5
12) Bribery IB-5
13) Ontario Provincial Standards IB-5
14) Guaranteed Maintenance—Part 1 IB-5
15) Guaranteed Maintenance—Part 2 IB-6
16) Freedom of Information IB-6
17) Accessibility IB-6
18) Conflict of Interest IB-6
19) COVID-19 Health and Safety Requirements IB-7
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IB-1
INFORMATION TO BIDDERS
' 1) DATE AND PLACE FOR RECEIVING TENDERS:
DIGITAL TENDERS addressed to tenders@kincardine.ca will be received by the Municipality until:
until 12:00:59 p.m. (local time),Monday,January 31,2022
as stated in the official tender call advertisement.
An automatic message will be generated to Bidders submitting their tender by email.
Bidders who wish to have a follow up email sent by the Municipality to confirm receipt are to email
' clerk@kincardine.ca.
2) TENDER DEPOSIT:
' Each tender must be accompanied by a tender deposit in the form of a certified cheque or bid bond
payable to:
Municipality of Kincardine
for the amount of:
Sixty Thousand Dollars ($60,000.00)
' Scanned bid bonds are acceptable, digital XENEX bonds not required. The Municipality does not require
the original to be provide with the tender submission.
This deposit shall serve as evidence of good faith that if awarded the contract,the bidder will execute and
I 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 awarded shall be forfeited should the bidder 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.
The deposits of the two lowest bidders shall be retained until execution of the contract. Deposits of all
other bidders shall be returned within 30 days of closing by letter, either with the certified cheque being
' attached or stating that the bid bond is no longer required. The successful bidder's bid deposit will be
returned once the Contract and the bonding are in place.
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 emailed to tenders@kincardine.ca and
clearly identified in the subject line as Kincardine to Inverhuron Provincial Park Trail(KIPP Trail)tender.
IB-2
b) Statement re Sub-Contractors:
The page titled"STATEMENT RE: SUB-CONTRACTORS", included in the contract documents shall
be completed and submitted as part of the tender by each bidder. This shall include a list of proposed
Sub-Contractors showing the value of the work to be sublet to each. The value of work sublet shall not
exceed 50%of the total work to any one subcontractor without written authorization of the Contract
Administrator. Failure to provide this list may render the tender invalid.
c) Agreement to Bond:
Bidders must have the "Agreement to Bond" forms, or equivalent,of this contract completed by their
bonding company, and the same must be submitted with their tender in order to validate their bid.
4) CLARIFICATION: '
Any details in question on this tender 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. For technical
questions related to tender documents, please contact:
Dale Erb, Project Manager I
B. M. Ross and Associates Limited
Engineers and Planners
Ph: (519) 524-2641
derb@bmross.net
Questions shall be provided in writing no later than 3 calendar days before the closing date. I
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 IB-1). 1
b) They are not properly executed, and the associated documentation is not complete.
c) They are not accompanied by the specified tender deposit.
d) They are submitted by fax.
e) They contain irregularities as described in the municipal procurement policy
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) TENDER AWARD: ,
Bidders are notified that any unbalanced items, errors, or omissions in the tender may render the tender
invalid.
' IB-3
Contractors are notified that each tender shall continue open to award 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, award this tender
whether any other tender had been previously awarded or not.
Procurement is subject to Chapter 506 of the Canadian Free Trade Agreement(CFTA).
' Notwithstanding any provisions contained within the Tender,the Owner shall not be liable for any costs,
loss and/or damages, including but not limited to liquidated damages, to any Bidder arising from a
termination of the Tender or a postponement of an acceptance of a bid submission during the tendering
process, if, and to the extent that,the Owner's termination, delay or failure to perform the obligations
under the Tender are caused by or as a result of the COVID-19 pandemic, as determined by the Owner in
its sole discretion. In such a case,the Owner shall notify any Bidder of such conditions and cause thereof.
' The lowest price bid or any bid will not necessarily be awarded. 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.
1 Bidders are advised, and acknowledge,that this contract is tendered in Parts. The Owner may delete a
Part or Parts as identified in the Form of Tender. Consideration of a bidder's price, when comparing the
tenders may be based upon the value of a tender as amended with said Part(s)deleted. The Owner
' acknowledges that the contract will be awarded to only one bidder.
8) FORM OF AGREEMENT:
' It is not necessary to complete the"Agreement"when submitting your tender, but the successful bidder
shall be required to complete the form upon notification of the award of the contract.
' 9) COMPETENCY OF BIDDERS:
Bidders and Sub-Contractors must be capable of performing the various items of work bid upon. They
1 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.
10) COMPLETION DATE AND LIQUIDATED DAMAGES:
a) Time:
Time shall be the essence of this agreement.
b) Progress of the Work and Time for Completion:
The Contractor shall complete this contract in its entirety by: November 15,2022
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.
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IB-4
If the Contractor is delayed in the completion of work due to any of the following,hereinafter identified as 111
"Event of Delay":
1) due to a reason listed in Section GC 3.07 of the General Conditions, as amended in the Supplemental
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 a force majeure event as defined in Section GC 1.04.01, as amended in the Supplemental General
Conditions,
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.
An application by the Contractor for an extension of time as herein provided shall be made to the Contract
Administrator, with a copy to the Owner, within five (5)business days of the Contractor becoming aware ,
of an Event of Delay and at least 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.
If an extension is requested by the Contractor due to an Event of Delay, as defined in Information to
Bidders Section 10 b)herein, and the extension is granted,the said extension shall be granted and
accepted without prejudice to any rights of the parties under the Contract, unless expressly waived by a
party in writing. In particular,the parties acknowledge and agree that all rights and remedies afforded to
the Parties under the Contract shall remain in full force and effect after the time limited in this Contract
for the completion of the work and any party may 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: I
It is agreed by the parties to the contract that in case all the work called for under the contract is not
finished or completed within the date of completion, damages will be sustained by the Owner, and that it
is and will be impracticable and extremely difficult to ascertain and determine the actual damage which
the Owner will sustain in the event of and by reason of such delay and the parties hereto agree that the
Contractor will pay to the Owner the sum of 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.
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' IB-5
' 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.
' d) No Liability to Owner:
' Notwithstanding any provision contained in the Contract,the Owner shall not be responsible to the
Contractor for any costs, loss and/or damage, including but not limited to liquidated damages, arising
from any delays and/or a termination of the Contract, if, and to the extent that,the Owner's delay or other
failure to perform the obligations under the Contract or a termination of the Contract are caused by or as a
result of the COVID-19 pandemic, as determined by the Owner in its sole discretion. In such a case, the
Owner shall notify the Contractor of such conditions and cause thereof.
Furthermore, notwithstanding any provision contained in the Contract, it is acknowledged and agreed that
GC 3.07.01(c)and GC 7.10.02, as amended in the Supplemental General Conditions, shall not include an
Order or Bylaw issued pursuant to the Emergency Management and Civil Protection Act, R.S.O. 1990,
' c.E.9 or a Directive from a public authority in response to the COVID-19 pandemic and in such a case, if
there is delay or termination of the Contract as a result of such an Order, Bylaw or Directive it is agreed
that the Owner shall not be responsible to the Contractor for costs, loss or damage, and in particular
liquidated damages.
11) 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 fmal
contract price.
12) BRIBERY:
Should the Contractor or any of their 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
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.
1 13) ONTARIO PROVINCIAL STANDARDS:
' 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.
14) GUARANTEED MAINTENANCE—PART 1:
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.
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The maintenance holdback will be held in addition to the 10% holdback required by the Construction Act,
R.S.O. 1990, c.C.30. 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. '
15) GUARANTEED MAINTENANCE—PART 2:
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 Act,
R.S.O. 1990, c.C.30. 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.
16) FREEDOM OF INFORMATION: '
Any personal information required on the Tender Form is received under the authority of the Municipal 111
Freedom of Information and Protection of Privacy Act, 1989, RSO, 1990. This information will be an
integral component of the bid submission.
All tenders submitted to the Owner becomes the property of the Owner and as such, are subject to the
Municipal Freedom of Information and Protection of Privacy Act. Bidders may mark any part of their
Tender as confidential except for the total Contract price and the Bidder's name. The Owner will use its
best efforts not to disclose any information so marked but shall not be liable to a bidder where
information is disclosed by virtue of an order of the Privacy Commissioner or otherwise as required by
law. Upon award,the Owner may release the name of the successful bidder,the name and telephone
number of the contact person and the total bid price of the successful bidder.
Questions about collection of personal information under the Municipal Freedom of Information and
Protection of Privacy Act, 1989, R.S.O. 1990,Chapter M.56, as amended, should be directed to:
Clerk,Clerk's Office
Municipality of Kincardine
1475 Concession 5, R. R.5
Kincardine,ON N2Z 2X6
17) ACCESSIBILITY
As of January 1, 2012, Bidders must meet the requirements of the Customer Service Standard of the
Accessibility for Ontarians with Disabilities Act, 2005.
18) CONFLICT OF INTEREST
No elected official or employee,nor any corporation of which an elected official or employee has an
interest, shall offer any bid, or otherwise sell any goods or services to the Municipality, unless such
interest is disclosed, and they do not participate in the purchasing process in any way. No elected official
or employee who has an interest, shall discuss a bid solicitation with a person, or any other employee or
agent of the person who has submitted a bid to the Municipality, unless the procurement call has been
awarded or for the purpose of receiving clarification.
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' 19) COVID-19 Health and Safety Requirements
The Bidder shall incorporate all current requirements and legislation related to COVID-19(that are
instituted by all levels of government)into their workplan that exist at the day of closing. Any changes
' related to the COVID-19 situation after that date will be reviewed by the Owner for requirements and/or
compensation to the Bidder. The Bidder will require a COVID-19 Management Plan to satisfy the
Ministry of Labour that currently imposes working restrictions to protect workers from the COVID-19
' virus. The Owner shall provide a letter to the Bidder to confirm the project and its status as it relates to an
essential service. If the Owner cannot provide a letter,based on the current legislation, the Bidder will not
be able to start until the limitations for construction are relaxed. All costs associated with the above shall
be included within the appropriate item.
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T-1
FORM OF TENDER
' MUNICIPALITY OF KINCARDINE
KINCARDINE TO INVERHURON
PROVINCIAL PARK TRAIL (KIPP TRAIL)
' BRUCE ROAD 23 - KINCARDINE TO KINHURON ROAD
CONTRACT NO..14241
' Tender by Roubos Farm Services Ltd.
residing at 8750 Concession 11
Moorefield, ON NOG 2K0
a company duly incorporated under the laws of Ontario
and having its head office at Moorefield
hereinafter called the "Bidder"
To -- Municipality of Kincardine
I/We Roubos Farm Services Ltd.
' havingcarefullyexamined the localityand site of the proposed works and all tender documents
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' relating 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 1 to 1* inclusive,
hereby tender and offer in accordance therewith to enter into a contract within the prescribed time,
to construct the said work in strict accordance with the contract documents and such further detail
drawings as may be supplied from time to time, and to furnish all labour, materials, tools, plant,
' matters and things necessary therefore, complete and ready for use within the time specified for the
sum, including HST, of
' Two Million, Two Hundred Nineteen Thousand, Four Hundred and Eight Three Dollars
and Zero Dollars ( $ 2,219,483.00 )
or such other sum as is determined from the actual measured quantities at the unit prices set forth in
the Tender.
* The bidder will insert here the number of the Addenda received during the tendering period and
taken into account when preparing the Tender.
T-2 (Revised)
rAFORESAID SUM IS MADE UP AS FOLLOWS:
SCHEDULE OF ITEMS AND PRICES
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Item Spec. # Description Qty/ Unit Price Amount
ART 1 - KINCARDINE TO STONEY ISLAND CRESCENT
IVALIV___VORK
1 201, SP Clearing
Ia) Individual trees (__ 150mm dia.) 17 Ea. 345.5 5,873.50
Ib) Bush areas and small trees 1 L.S. 5,230.00
c) Tree Trimming 1 L.S. 2,840.00
I2 201, SP Grubbing
a) Individual stumps (> 150mm dia.) 17 Ea. 110.5 1,878.50
Ib) Bush areas and small trees 1 L.S. 771.50
I3 206, SP Earthworks
a) Topsoil stripping incl. disposal of excess
Ii) Salt Impacted (all other concentrations 14,200 m2 5.6 79,520.00
below Table 1 ESQS)
I ii) Above Table 1 ESQS and Table 2.1 20 t 124 2,480.00
ESQS (Provisional)
I b) Earth excavation below level of topsoil
(Provisional)
i) Salt Impacted (all other concentrations 280 m3 33.6 9,408.00
Ibelow Table 1 ESQS) including
placement as fill
ii) Above Table 1 ESQS and Table 2.1 20 t 124 2,480.00
ESQS (Provisional)
I c) Imported Fill
i) Chemical Testing- certification of fill 6,200 m3 0.3 1,860.00
I suitability as per O.Reg. 406/19 by
Qualified Person(QP)
ii) Supply and place approved imported 6200 m3 38.5 238,700.00
Iclean fill
d) Test holes, 0.5m deep 22 Ea. 236 5,192.00
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IItem Spec. # Description Qty/ Unit Price Amount
Ie) Regrade ditch 300 m 16.3 4,890.00
I 4 501, 506, Dust suppressants and compaction
SP
a) Water 170 m3 19.2 3,264.00
Ib) Calcium chloride solid(Provisional) 5 t 1915 9,575.00
I5 314, 351, Granular A 3900 t 27.3 106,470.00
SP
6 310, 312, Hot Mix Asphalt
SP
Ia) Hot Mix HL-3 730 t 181 132,130.00
7 351, SP Place concrete sidewalk and drives
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a) Sidewalks (150 mm) 20 m2 300.5 6,010.00
I8 351, SP Supply and install detectable warning
surfaces for pedestrian crossing
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a) 0.6 x 0.6 6 Ea. 322.5 1,935.00
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9 802, SP Topsoil (from stockpile)
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Ia) Supply and place 10,400 m2 3.8 39,520.00
b) Remove debris 1 L.S. 12,300.00
I10 804, SP Seeding and cover 10,400 m2 2 20,800.00
I11 SP Adjust curb stop box to grade 5 Ea. 148 740.00
12 SP Co-ordinate to adjust telephone or cable 26 Ea. 51.1 1,328.60
' box to grade
13-14 N/A
15 SP Supply and install galvanized hand 11 m 1175 12,925.00
Irailing
Sub-Total Roadwork-- 708,121.10
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IItem Spec. # Description Qty/ Unit Price Amount
'STORM SEWERS
16 421, SP Supply, excavate for, place and
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backfill CSP culverts
a) Culvert Extensions
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i) 600mm dia. 5 Ea. 3000 15,000.00
ii) 900mm dia. 1 Ea. 3785 3,785.00
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iii) Approx. 2240 x 1630 mm CSPA 1 Ea. 16500 16,500.00
structural plate at Sta. 1+440
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b) 450mm dia. driveway culvert including 20.5 m 508.5 10,424.25
removal and disposal of existing culvert
ISub-Total Storm Sewers -- 45,709.25
WATERMAIN
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17 492, 441, Supply, excavate for, place and
I517, 518, backfill ductile iron fittings, including
SP cathodic protection, mechanical thrust
restraints, thrust blocking or anchoring
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a) Fire hydrant extension (300mm) 1 Ea. 1840 1,840.00
(Provisional)
ISub-Total Watermain -- 1,840.00
'MISCELLANEOUS ITEMS
18 805, SP Erosion Control (Provisional)
Ia) Straw bale/fibre roll check dams 150 m 21.3 3,195.00
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b) Heavy-duty wire backed silt fence 150 m 18.1 2,715.00
19 706, SP Traffic control and pedestrian safety 1 L.S. 17,350.00
1 20 SP Supply and install trail signage
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a) Rb-71 (300x450mm) on 19 Ea. 298 5,662.00
38mm (1.5") Telespar square signpost
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b) 300x300mm mini stop sign on 19 Ea. 345 6,555.00
38mm (1.5") Telespar square signpost
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IItem Spec. # Description Qty/ Unit Price Amount
I21 SP Bonding and insurance 1 L.S. 14,950.00
22 SP Contingencies 1 L.S. 40,000.00
I23 SP Lump sum to cover all other 1 L.S. 41 300.00
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requirements of the contract not
specifically covered by or related to
the preceding items
Sub-Total Miscellaneous Items -- 131,727.00
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Total Part 1-- 887,397.35
'PART 2 - STONEY ISLAND CRESCENT TO KINHURON ROAD
'ROADWORK
1 201, SP Clearing
Ia) Individual trees (>_ 150mm dia.) 3 Ea. 410 1,230.00
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b) Bush areas and small trees 1 L.S. 5,230.00
c) Tree Trimming 1 L.S. 2,840.00
I2 201, SP Grubbing
a) Individual stumps (> 150mm dia.) 3 Ea. 110 330.00
Ib) Bush areas and small trees 1 L.S. 771.50
I3 206, SP Earthworks
a) Topsoil stripping incl. disposal of excess
Ii) Salt Impacted (all other concentrations 14,700 m2 5.6 82,320.00
below Table 1 ESQS)
I ii) Above Table 1 ESQS and Table 2.1 20 t 124 2,480.00
ESQS (Provisional)
Ib) Earth excavation below level of topsoil
(Provisional)
Ii) Salt Impacted (all other concentrations 220 m3 33.6 7,392.00
below Table 1 ESQS) including
placement as fill
T-6 (Revised)
IItem Spec. # Description Qty/ Unit Price Amount
Iii) Above Table 1 ESQS and Table 2.1 20 t 124 2,480.00
ESQS (Provisional)
Ic) Imported Fill
i) Chemical Testing - certification of fill 10,700 m3 0.15 1,605.00
I suitability as per O.Reg. 406/19 by
Qualified Person(QP)
ii) Supply and place approved imported 10,700 m3 38.5 411,950.00
Iclean fill -
d) Test holes, 0.5m deep 18 Ea. 244.5 4,401.00
Ie) Regrade ditch 230 m 16.3 3,749.00
I 4 501, 506, Dust suppressants and compaction
SP
a) Water 130 m3 19.2 2,496.00
Ib) Calcium chloride solid(Provisional) 4 t 1915 7,660.00
I5 314, 351, Granular A 3000 t 27.3 81,900.00
SP
I6 310, 312, Hot Mix Asphalt
SP
Ia) Hot Mix HL-3 570 t 181 103,170.00
7-8 N/A
I9 802, SP stockpile)Topsoil P (fromp )
Ia) Supply and place 8,200 m2 3.8 31,160.00
b) Remove debris 1 L.S. 9,695.00
10 804, SP Seeding and cover 8,200 m2 2 16,400.00
11 SP Adjust curb stop box to grade 1 Ea. 148 148.00
• 12 SP Co-ordinate to adjust telephone or cable 14 Ea. 51.1 715.40
I box to grade
I 13 511, SP Supply and place rip rap, incl. 60 t 84.5 5,070.00
non-woven geotextile
I
T-7
IItem Spec. # Description Qty/ Unit Price Amount
I 14 SP Supply and place armour stone incl. 130 t 153.5 19,955.00
non-woven geotextile
1 15 SP Supply and install galvanized hand 52 m 1150 59,800.00
railing
ISub-Total Roadwork-- 864,947.90
,STORM SEWERS
16 421, SP Supply, excavate for, place and
Ibackfill CSP culverts
a) Culvert Extensions
Ii) 450mm dia. 2 Ea. 2670 5,340.00
ii) 600mm dia. 5 Ea. 3000 15,000.00
Iiii) 750mm dia. 1 Ea. 3635 3,635.00
iv) 900mm dia. with 45° custom bend 1 Ea. 6055 6,055.00
Iv) 1030 x 740mm CSPA at Sta. 3+684 1 Ea. 9880 9,880.00
with 22.5° custom bend
I vi) Approx. 2690 x 2080 mm CSPA 1 Ea. 21550 21,550.00
structural plate at Sta. 5+081
vii) Approx. 3730 x 2290 mm CSPA 1 Ea. 22600 22,600.00
Istructural plate at Sta. 4+692
I
Sub-Total Storm Sewers -- 84,060.00
17 N/A
IMISCELLANEOUS ITEMS
I18 805, SP Erosion Control (Provisional)
a) Straw bale/fibre roll check dams 115 m 21.3 2,449.50
Ib) Heavy-duty wire backed silt fence 115 m 18.1 2,081.50
I19 706, SP Traffic control and pedestrian safety 1 L.S. 17,350.00
20 SP Supply and install trail signage
Ia) Rb-71 (300x450mm) on 6 Ea. 298 1,788.00
38mm(1.5") Telespar square signpost
T-8 (Revised)
IItem Spec. # Description Qty/ Unit Price Amount
I b) 300x300mm mini stop sign on 6 Ea. 345 2,070.00
38mm (1.5") Telespar square signpost
I21 SP Bonding and insurance 1 L.S. 14,950.00
in 22 SP Contingencies 1 L.S. 35,000.00
I
23 SP Lump sum to cover all other 1 L.S. 52,050.00
I requirements of the contract not
specifically covered by or related to
the preceding items
ISub-Total Miscellaneous Items -- 127,739.00
ITotal Part 2 -- 1,076,746.90
ISUMMARY
Total Part 1 -- 887,397.35
ITotal Part 2 -- 1,076,746.90
ISub-Total 1,964,144.25
IHST 255,338.75
Total Tender 2,219,483.00
I
This tender is divided into 2 parts. It is the intent of the Owner to award Part 1. Part 2 will be
Iassessed when reviewing tenders and may be deleted.
Provisional for consideration - price not to be included in tender.
,Part 1
3 c) Imported Fill
I iii) Credit for use of Kincardine stockpile 6,200 m3 N/A N/A
iv) Initial chemical testing to ascertain 10 Ea. N/A N/A
suitability of stockpile material
I Part 2
3 c) Imported Fill
I iii) Credit for use of Kincardine stockpile 10,700 m3 N/A N/A
iv) Initial chemical testing to ascertain 10 Ea. N/A N/A
suitability of stockpile material
' T-A
STANDARD TENDER REQUIREMENTS
I/We agree to complete the work within the time specified in the Information to Bidders.
' I/We also agree that this Tender is subject to a formal contract being prepared and executed.
I/We also agree that the Owner shall have the option of:
Deleting any Part or Parts shown in the Tender.
' In submitting this Tender for the work, the Tenderer further declares:
(a) no Thatperson, 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;
' (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
1 Owner;
(f) That the awarding by the Owner of the contract based on this tender shall be an
' acceptance of the tender;
' (g) The Tenderer solemnly declares that the several matters stated in the foregoing tender are
in all respects true;
' T-A Parts.doc
I
I
T-B
(h) That if this tender is accepted, we the undersigned agree to furnish an approved surety
I bond for the proper fulfilment of the contract and to execute the Agreement in triplicate
within ten (10) days after being notified so to do. In the event of default or failure on our
part to do so, we the undersigned agree that the Owner shall be at liberty to retain the
I money deposited by us to the use of the Owner, and to accept the next lowest or any
tender or to advertise for new tenders or to carry out the works in any other way deemed
best and we also agree to pay to the said Owner the difference between this tender and
I any greater sum which the Owner may expend or incur by reason of such default or
failure, or by reason of such acting, as aforesaid, on their part including the cost of any
advertising for new tenders and to indemnify and save harmless the said Owner and its
I 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.
IThe "Agreement to Bond" of the Intact Insurance Company
Company, a company lawfully doing business in the Province of Ontario, to furnish a
Performance Bond and a separate Labour and Material Payment Bond, each in an amount equal
I
to 100%of the contract price, is enclosed herewith.
A certified cheque/bid bond for the sum of Sixty Thousand Dollars
I ($60,000.00) is attached hereto.
IDATED AT Moorefield this thirty first(31st)
' day of January , 20 22 .
I Sealed)
(Signed and Sea )
Signature of Witness Signature of Bidder
INOTE:
All tenders submitted must be signed by a duly authorized person and either a company seal
must be affixed, or it must be signed by a witness.
I
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IT-B 2 Bonds.docx
' 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.
1. Sub-Contractor Lavis Contracting Co. Limited
Name and Address 37462A Huron Road, R. R. 2
Clinton, ON NOM 1 L0
Item No. /Description Asphalt Paving
' Percent of Contract 10%
2. Sub-Contractor
Name and Address
' Item No. /Description
Percent of Contract
3. Sub-Contractor
Name and Address
Item No. /Description
' Percent of Contract
1 4. Sub-Contractor
Name and Address
Item No. / Description
Percent of Contract
5. Sub-Contractor
' Name and Address
Item No. /Description
' Percent of Contract
6. Sub-Contractor
Name and Address
' Item No. /Description
Percent of Contract
AGREEMENT TO BOND
' (PERFORMANCE BOND AND LABOUR AND MATERIALS PAYMENT BOND)
I **
I
Date: , 20
PROJECT NO.
CONTRACT NO.
TO:
I
Dear Sirs:
RE:
In consideration of
(hereinafter referred to as "the Owner") accepting the tender of and executing an Agreement with:
1 (hereinafter referred to as "the Tenderer") for the construction of
I subject to the express conditions that the Owner receive the Performance Bond and the Labour and
Material Payment 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 and a Labour and
I Material Payment Bond each in an amount equal to 100% of the contract price, in the forms of
Performance Bond and Labour and Material Payment Bond provided and in accordance with the said
tender, and we agree to furnish the Owner with said Bonds within seven(7) days after notification of the
acceptance of the said tender and execution of the said Agreement by the Owner has been mailed to us.
Yours very truly,
I
(Seal)
1 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.
1
F:\wp\Contracts\Forms\AgToBond-2bonds.doc
I
I
' 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, Kincardine to
Inverhuron Provincial Park Trail (KIPP Trail), Bruce Road 23 - Kincardine to Kinhuron Road,
Contract 14241.
A. SPECIAL PROVISIONS - Pages SP-1 to SP-36
B. PLANS - Drawing Nos. 1 to 10
C. INFORMATION TO BIDDERS - Pages IB-1 to IB-7
D. STANDARD SPECIFICATIONS
Ontario Provincial Standard Specification Numbers shall apply to this contract mutatis
1 mutandis. Only the most recent specifications shall apply to this contract.
OPSS.MUNI—Municipal Oriented
100-Nov/19 310-Nov/17 421-Nov/18 501-Nov/17 802-Nov/19 1101-Nov/16
180-Nov/21 314-Nov/19 441-Nov/21 706-Apr/18 804-Nov/14 1150-Nov/20
3 51-Nov/21 492-Nov/20 805-Nov/21 2501-Nov/21
904-Nov/12
E. STANDARD DRAWINGS
Ontario Provincial Standard Drawing Numbers shall apply to this contract mutatis
mutandis. Only the most recent drawings shall apply to this contract.
1 OPSD - Municipal and Provincial Common
219.110 310.033 802.010
219.131 310.039 802.013
219.180 802.014
219.191
F. FORM OF TENDER
G. SUPPLEMENTAL GENERAL CONDITIONS
H. GENERAL CONDITIONS - OPSS.MUNI 100 Rev. Date: 11/2019
I. AGREEMENT
J. CONTRACT RELEASE
K. STATUTORY DECLARATION RE: LIENS, LIABILITIES & PAYMENT OF
' ACCOUNTS
L. APPENDIX A
I
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I
1
1
1
1
1
1
� SPECIAL PROVISIONS
I
INDEX TO SPECIAL PROVISIONS
General I
Management of Excess Materials SP-1
Restoration SP-5 I
Co-Ordination of Work By Others SP-6
Public Notices SP-6
Dust Control SP-7
Garbage Collection and Blue Box Recycling SP-7
Protection of Trees SP-7
Item No. 1 Clearing SP-7 I
Item No. 2 Grubbing SP-8
Item No. 3 Earthworks SP-9 I
Item No. 4 Dust Suppressants and Compaction SP-14
Item No. 5 Granular A SP-15
Item No. 6 Hot Mix Asphalt SP-15
Item No. 7 Place Concrete Sidewalk and Drives (Provisional) SP-19
Item No. 8 Supply and Install Detectable Warning Surfaces for Pedestrian SP-19
Crossing (Provisional)
Item No. 9 Topsoil (from Stockpile) SP-20 I
Item No. 10 Seeding and Cover SP-21
Item No. 11 Adjust Curb Stop Box to Grade SP-21 I
Item No. 12 Co-ordinate to Adjust Telephone or Cable Box to Grade SP-22
Item No. 13 Supply and place rip rap including non-woven geotextile SP-22
Item No. 14 Supply and place armour stone including non-woven geotextile SP-23
Item No. 15 Supply and install galvanized hand railing SP-23
Item No. 16 Supply, Excavate for, Place and Backfill Corrugated Steel Pipe SP-24 I
C.S.P. Culverts
Item No. 17 Watermain Installation SP-26 I
Item No. 18 Erosion Control (Provisional) SP-32
Item No. 19 Traffic Control and Pedestrian Safety SP-33
Item No. 20 Supply and Install Trail Signage SP-34
Item No. 21 Bonding and Insurance SP-35
Item No. 22 Contingencies SP-36 I
Item No. 23 Lump Sum for Other Requirements SP-36
1
I
Isp-i
MANAGEMENT OF EXCESS MATERIALS
IAll excavated material shall become the property of the Contractor, and the Contractor's unit
price bid for the item shall include the cost of loading, hauling, dumping, and grading. The
I Contractor's management of excess materials shall be in accordance with OPSS.MUNI 180,
Ontario Regulation 153/04 and Ontario Regulation 406/19 under the Environmental Protection
Act (EPA) and the Rules for Soil Management and Excess Soil Quality Standards (Soil Rules) that
Iform part of O.Reg. 406/19.
On-site and excess soil management is governed by O.Reg. 153/04 and O.Reg. 406/19 under the
I EPA. When the volume of excess soil to be removed from the project area is determined to be 350
m3 or less, the Soil Quality Standard Tables for the soil are governed by O.Reg. 153/04. When the
excess soil volume exceeds 350 m3, the Soil Quality Standard Tables for the soil are governed by
I
O.Reg. 406/19.
The number of samples to be collected from the in-situ or stockpiled volume of soil, as applicable,
I that is determined to be excess and is to be removed from the site is governed by the Soil Rules of
O.Reg. 406/19. Specifically, the number of soil samples required are outlined in PART I, Section
B, Sub-Section 3, Paragraph 15 (In-Situ Sampling) and Paragraph 16 (Stockpile Sampling) and are
Ibased on the volume of excess soil in-situ or ex-situ (stockpiled).
The soil samples shall be collected immediately from test holes (refer to the Earthworks Item)
I upon commencement of work on site or as soon as possible following award of the Contract by the
Owner. The Owner shall hire and utilize a Qualified Person (QP), as defined in O.Reg. 406/19.
The QP will be responsible for collecting and submitting the required number of soil samples
I required by the Regulations prior to the Contractor removing any excess soil from the site. The
Contractor shall provide 10 days of advance notice for when they would like to complete the test
holes to assist with sample collection.
IA minimum of 3 soil samples shall be collected for the first 600 m3 of soil, plus another sample
shall be collected for every additional 200 m3 of excess soil generated, up to 10,000 m3 of total
I excess soil. Samples shall be tested for all parameters listed in Table 2.1: Full Depth Excess Soil
Quality Standards in a Potable Ground Water Condition found in Part II: Excess Soil Quality
Standards (ESQS) of the Soil Rules.
IThe Owner's QP and the Contract Administrator shall make the final decision on the number of
soil samples to be collected. The minimum number shall be as per O. Reg. 406/19. The Owner
I shall have the QP present the day that test holes are completed so that the soil can be considered
in-situ. It is anticipated the soil will meet Table 2.1 criteria of the Excess Soil Quality Standards
(ESQS) of O.Reg. 406/19 with the exception of the EC and SAR parameters. Should any other
I parameters exceed Table 2.1 criteria, the Contractor and QP shall work with the Contract
Administrator to establish a suitable disposal plan and any additional disposal costs for the
contaminated soil shall be managed through the applicable items.
I
The QP will be responsible for submitting, to the Contract Administrator and the Contractor, the
sample results and a soil characterization report following the requirements outlined in O.Reg.
I
406/19. The Contractor, with assistance from the QP, will be responsible for securing a disposal
(reuse) site and for submitting documentation to the Contract Administrator which details the
I
I
SP-2
I
receiving site owner's written acceptance of the excess soil for reuse (i.e. OPSF 180-1, Site
Selection Notification for Stockpiling Materials Managed Through Re-Use, or OPSF 180-2, Site
Selection Notification for Material Managed as Disposable Fill, or OPSF 180-3, Property Owner's
Release or equivalent). The conditions of O. Reg. 406/19 require a suitable reuse site to have a
beneficial purpose for the material being imported and the quantity and quality of the excess soil
must be suitable and placed for that purpose. The documentation detailing the receiving site
owner's written acceptance of the material and the soil characterization report must be provided to
the Contract Administrator prior to removing any excess material from site.
The subsurface soil condition and environmental quality of the soils within the work area may
vary between and beyond the sampled locations. If soils are encountered during the construction
activities that appear to have been environmentally impacted by contaminants and do not
otherwise match the analytical results and testing classifications of the soil characterization report,
these soils should be segregated into separate stockpiles (plastic sheeting placed below and above
the stockpile) and inspected at that time to determine appropriate sampling, handling and/or
disposal requirements. The Contractor shall provide to the Contract Administrator an operating
procedure that outlines what must occur if any person working in the project area makes an
observation during soil excavation, including any visual or olfactory observation, that suggests
that the soil being excavated may be contaminated. The requirements of the procedure are to
follow O.Reg. 406/19. 1
OPSS.MUNI 180.04.01.01 Notification of Site Selection, and Property Owner Release
A copy of the completed form OPSF 180-1, Site Selection Notification for Stockpiling Materials
Managed Through Re-Use, or OPSF 180-2, Site Selection Notification for Material Managed as
Disposable Fill or both shall be submitted to the Contract Administrator and the stockpile site
owner at the pre-construction meeting. '
At the end of each month, the Contractor shall submit a completed OPSF-3 Property Owner's
Release form to the Contract Administrator. ,
When the work is substantially performed or if substantial performance was not requested, at
completion of the work, a completed final copy of the form OPSF 180-3, Property Owner's '
Release, covering the entirety of the project, shall be provided to the Contract Administrator.
Starting January 2022, if the theoretical volume of excess material exceeds 2,000 cubic metres, the
Owner or the Owner's representative will register the project with the MECP Registry as per O.
Reg 406/19 On-site and Excess Soil Management. The Owner's QP shall supply all required
documentation to satisfy the MECP. I
OPSS.MUNI 180.04.01.06 Excess Material Audit or Inventory Document shall be amended as
follows:
An excess material audit or inventory will be imposed for this contract as per O.Reg 406/19. A copy
of the audit or inventory documents, as prepared by the Contractor, shall be provided to the Contract
Administrator monthly. The Contractor shall implement soil management tracking software to track
each load of material which leaves site in order to provide a digital excess material audit (SoilFlo,
PATH, or approved equivalent). At a minimum, the audit/inventory document shall include the ,
following: the Contractor's Name; the haulers contact information; a listing of how much excess soil
I
SP-3
III was disposed of where it was disposed of, what the beneficial reuse was, as well as the date
P off-site; P
and time each load left site and when each load was unloaded at the reuse site. The Contractor shall
Iprovide the Contract Administrator and the Owners QP with access to the excess material audit/
inventory records when requested throughout construction for review. The Contractor shall also ensure
that hauling records are retained by the haulers.
IPrior to project completion or substantial performance being granted,the Contractor shall submit all
documentation required by OPSS.MUNI 180, O.Reg. 406/19 and O.Reg. 153/04 under the
IEnvironmental Protection Act.
Prior to the end of each month, the Contractor shall submit all documentation required by O. Reg.
1 406/19 and O. Reg. 153/04 under the Environmental Protection Act. Submission of the required
documentation required for O. Reg 406/19 and O. Reg. 153/04 is an additional requirement for the
Proper Invoice (GC 8.02.04.01.02 (h) Progress Payment)
IThe Contractor shall comply with the Environmental Protection Act, including O.Reg 347/90 (as
amended) and shall use appropriately licensed haulers and receivers for all waste transportation and
Idisposal, as required.
The Owner has not designated or identified specific haulers, receivers, and/or disposal sites for excess
I materials generated under this Contract. The Contractor is solely responsible for identifying and
selecting appropriate haulers, receivers, and/or disposal sites required to complete the work. The
Contractor is responsible for submitting the selected haulers, receivers and/or disposal sites to the
I Contract Administrator and the Owner's QP for review a minimum of 2 weeks prior to any materials
being taken off site.
I OPSS.MUNI 180.07.02 Conditions on Management by Re-Use
Management of excess material (assumed to be impacted by salt), that is geotechnically suitable
for re-use through incorporation into the work shall be placed as fill. Excess topsoil shall not be
Iused as fill.
OPSS.MUNI 180.07.03 Conditions on Management as Disposable Fill- Salt Impacted Soils
I (All Other Concentrations Below Table 2.1 ESQS)
Should excess soil be exported from the work area for off-site reuse, such soils must be free of
Istaining; petroleum hydrocarbons (PHC)- or solvent-like odours, and/or debris.
Reuse Site options may include, but may not be limited to:
I • Other development projects, in accordance with the Rules for Soil Management and Excess
Soil Quality Standards ("Soil Rules")
I • Site Alteration Permit Properties (SAPPs) having appropriate approval to accept such salt-
impacted soil; and
• Aggregate pits having appropriate approval to accept such salt-impacted soil.
The deposit of this material on a Reuse Site is also subject to the following conditions:
• The Reuse Site must provide written consent to accept the soil
• The intended Reuse Site must be made aware of the elevated levels of SAR, so that they
may dispose of, or place, the soil appropriately and in accordance with the Soil Rules.
I
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SP-4
I
• The Reuse Site must have a beneficial purpose for the material being imported and the
quantity of soil must be suitable and placed for that purpose. Consultation with a I
geotechnical engineer or qualified person may be required.
• The moisture content of the material is suitable for transportation.
• The excess soil must be finally placed no later than two years after it is deposited at the I
Reuse Site.
Other considerations should include: I
• Ensuring appropriate drainage patterns are maintained during and following placement at
the Reuse Site.
• Ensuring the protection of natural heritage features (wetlands and woodlands) during the I
and following placement at the receiving site, including the use of erosion controls.
Alternatively, these soils could also be transferred to Class 1 or Class 2 Soil Management Sites or I
a Local Waste Transfer Facility as per OPSS.MUNI 180.07.05 Conditions on Management by
Disposal as Non-Hazardous Solid Industrial or Commercial Waste
The subsurface soil condition and environmental quality of the soils within the work area may vary I
between and beyond the borehole and sampled locations. If soils are encountered during the
construction activities that appear to have been environmentally impacted and not addressed herein, I
these soils should be segregated into separate stockpiles (plastic sheeting placed below and above
the stockpile)and inspected at that time to determine appropriate sampling,handling and/or disposal
requirements. I
OPSS.MUNI 180.07.05 Conditions on Management by Disposal as Non-Hazardous Solid
Industrial or Commercial Waste (Above the Table 1 Soils Standards under O.Reg 153/04 as II
amended).
Excess soil found to be in exceedance of Table 2.1 of the ESQS (other than soil that exceeds Table I
2.1 for SAR and/or EC) should be delineated, separated and transferred to an appropriate
reuse/disposal site.
In accordance with O.Reg. 406/19, appropriate receivers may include: I
• Other development projects, in accordance with the Soil Rules/Beneficial Reuse
Assessment Tool (BRAT); I
• Site Alteration Permit Properties (SAPPs) having appropriate approval to accept such
PHC-impacted soil; and
• Class 1 Soil Management Sites; I
• Class 2 Soil Management Sites; and
• Local Waste Transfer Facility. I
OPSS.MUNI 180.07.04 Conditions on Management
Management of excess material by open burning is not permitted. 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 outside the contract limits. I
Disposal outside the contract limits shall be at a certified waste disposal site for asphalt.
I
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SP-5
I Concrete shall be disposed of bythe Contractor outside the contract limits.
P
IAsbestos Cement Pipe shall be disposed of by the Contractor outside the contract limits at a
certified waste disposal site for asbestos.
IRESTORATION
When noted in the Form of Tender or identified in the Special Provision, the unit price bid for the
1 appropriate item(s) shall include complete restoration. All restoration shall be as noted below in
the General Restoration Requirements.
IRestoration Beyond the Limits of General Grading Operations
When noted in the Form of Tender or identified in the Special Provisions, the unit price bid for the
I appropriate item(s) shall include restoration beyond the general grading operations. Contract
items are provided for the restoration of work within the general grading operations. Restoration
of areas beyond the general grading operations shall be included in the unit price of the item.
I
Areas beyond the general grading operations include, but are not limited to, stockpile locations,
areas disturbed by equipment or material storage sites or service connections. All restoration shall
be as noted below in the General Restoration Requirements.
I
General Restoration Requirements
All restoration shall be in accordance with OPSS 492 and the following:
(a) Lawn Areas -- 100 mm of approved topsoil (re-used from topsoil stripping) levelled and
I graded to conform to the existing ground, with debris removed, followed by an approved
seed and bonded fibre matrix cover application
(b) Non-lawn,Non-roadway areas -- 100 mm of approved topsoil (re-used from topsoil
I stripping) levelled and graded to conform to the existing ground, with debris removed
followed by an approved seed and bonded fibre matrix cover application.
(c) Where existing roadway/driveway is paved -- 300 mm minimum of imported Granular B
I Type I, 150 mm of imported Granular A, and 50 mm of HL-3 in driveways, or 1-40 mm lift
of HL-3 and 1-50mm lift of HL-4 minimum in roadways or to match the depth of existing
asphalt. Where 2 or more lifts of asphalt are required against existing pavement, a stepped
I joint shall be prepared by removing 0.5 m wide by the depth of the existing surface course
prior to paving.
(d) Where existing roadway/driveway is gravel -- 300 mm of imported Granular B Type I; and
I 150 mm of imported Granular A.
(e) Where existing driveway is concrete -- 300 mm minimum of imported Granular B Type I and
150 mm of imported Granular A; for residential drives -- 150 mm of 32 MPa concrete with
I crushed limestone; and for commercial drives -- 200 mm of 32 MPa concrete with crushed
limestone.
(f) Where existing driveway is brick or unit pavers—300 mm minimum of imported Granular B
I Type I and 150 mm of imported Granular A and 25 mm to 38 mm of limestone screening and
match existing patterns.
(g) All disturbed or damaged concrete structures, such as sidewalks, curbs and gutter, etc., shall
Ibe removed and replaced including 125 mm of Granular A.
SP-6
(h) Prior to the expiration of the maintenance holdback, the Contractor shall repair all
settlements. Settlements of lawns, non-lawns or non-roadway areas shall be restored by
applying sufficient topsoil to the settled area followed by an application of approved seed and
mulch. Asphalt settlements shall be restored by removing the deficient area followed by the
placement Hot Mix Asphalt (HMA). All repairs shall be in accordance with OPSS 802,
OPSS.MUNI 804, and OPSS 310.
(i) Salvaged granular material shall not be used above sub-grade or re-used as Granular B Type I
unless a granular analysis is performed at the Contractor's expense.
NOTE
• In (a) and (b) above, it will be the Contractor's responsibility to ensure a catch of grass at the
termination of the contract.
• The Contract Administrator/Owner may request the delay of the sod placement during hot and
dry weather conditions. No additional payment or penalty will result from the delay.
• All asphalt surfaces shall be saw-cut prior to resurfacing.
• All concrete structures shall be saw-cut prior to replacement.
CO-ORDINATION OF WORK BY OTHERS
The Contractor shall note that work in the Bruce Road 23 right-of-way in conjunction with the
adjacent West Ridge on the Lake (WROTL) development is scheduled to be completed by another '
Contractor. For more details, refer to Drawing No. 1. This work will take place from
approximately Sta. 1+000 to Sta. 1+440. It is anticipated that the WROTL Contractor will be
working in this section until July 2021. While the WROTL Contractor is on site, the Trail '
Contractor shall complete work on other sections of the proposed trail. Payment for delay as a
result of the WROTL work shall not be considered by the Contract Administrator unless the Trail
Contractor has completed the creation of the trail base for all other sections of the trail and the '
WROTL Contractor has yet to vacate the Bruce Road 23 right-of-way.
PUBLIC NOTICES
The Contractor shall notify all impacted property owners/tenants of impending disruptions to
services and or access. The Notice shall be delivered 24 hours prior to the disruption and shall
include a short description of the disruption, the probable timing and duration of the disruption,
alternative actions that the owner/tenant should take while the work is being done i.e.) parking off
site, and a contact person who could address any further questions. '
The Contractor shall note the location of several dead-end (gravel) cottage roads along the length
of the project: '
• Hartwick Lane
• Whippoorwill Lane
• Linden Lane
• Sandpiper Lane
• McConnell Drive
• Ackert Lane
• Macleod Drive
The Contractor shall ensure that property owners on these roads are notified prior to any
restrictions in Access due to paving, entrance improvements, etc.
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SP-7
DUST CONTROL
The Contractor shall take such steps as may be required to prevent dust nuisance resulting from
the operations either within the contract limits, on detours, or elsewhere, or by public traffic,
where it is the Contractor's responsibility to maintain a roadway through the work.
' Where the work requires the sawingof asphalt or the sawingor grindingof concrete, blades and
q P
grinders of the wet type shall be used together with sufficient water to prevent the incidence of
' dust, wherever dust would affect traffic or wherever dust would be a nuisance to residents of the
area where the work is being carried out.
' The cost of all preventative measures required by the 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" 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).
' GARBAGE COLLECTION AND BLUE BOX RECYCLING
The Contractor shall be responsible for co-ordinating the collection of all garbage and blue box
' recycling, within the limits of the contract during construction, with the appropriate authority.
PROTECTION OF TREES
' The Contractor's operations shall not cause damage to the roots, 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. Limbs that are to be removed shall be
cut back cleanly to the `collar'. Roots that are exposed shall be cut back cleanly. Pruning of limbs
' and roots shall be done with sharp tools designed for the purpose. Pruning and root removal by
excavating equipment is not allowed.
Bark that is damaged by the Contractor's operation shall immediately be neatly trimmed back to
uninjured bark, without causing further injury. Tree damage shall NOT be treated with wound
' dressing.
ITEM NO. 1
CLEARING
For the unit price bid, the Contractor shall cut down and remove each tree, including all wood,
branches, or debris. The wood shall be disposed of by the Contractor at its own expense or at a
place approved by the Contract Administrator at the time of construction. The Contractor shall be
responsible for damage to all utilities, adjacent property, persons, etc. and shall make restitution
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SP-8
I
for such damage to the satisfaction of the Contract Administrator. This item shall apply to all
trees shown for removal on the plans or designated at the time of construction. The Contractor I
shall cut trunks as close as possible to the ground, minimizing stump heights.
Individual Trees (> 150mm dia.)
For the unit price bid per each, trees not identified as part of"bush areas" as defined below, that
are identified for removal on the drawings or by the Contract Administrator at the time of I
construction, shall be cut down and removed by the Contractor. The Contractor shall note: only
trees with a trunk diameter of 150mm or greater, measured 1.0m above the ground, shall be
eligible for payment under this item. Smaller individual trees and shrubs that are designated for I
removal on the plans or at the time of construction shall also be removed, and the costs for
removal shall be included in the lump sum bid for Bush Areas.
Bush Areas and Small Trees
For the lump sum bid, the Contractor shall clear all bush areas identified on the plans with I
hatching or by the Contract Administrator at the time of construction that will interfere with the
proposed trail and/or grading operations. The lump sum bid shall also include the clearing of
small diameter trees or shrubs excluded from payment under the "Individual Trees" item above. I
Approximate total bush area to be cleared based on drawings = 2100 m2
(Includes 10% Contingency) I
Tree Trimming
For the lump sum bid the unit price bid per each, the Contractor shall trim any branches that I
encroach over the trail, such that there is a minimum 2.5m high x 3.0m wide clear envelope over
the entire length of the trail. Limbs that are to be removed shall be cut back cleanly to the 'collar'. I
ITEM NO. 2 I
GRUBBING
For the unit price bid, the Contractor shall completely remove all stumps and roots identified on I
the plans or identified by the Contract Administrator at the time of construction. The Contractor
arrange a site and shall dispose of all stumps and debris at its own expense and approved by the
Contract Administrator. The Contractor shall be responsible for damage to all utilities, sidewalks, I
adjacent property, persons, etc. and shall make restitution for such damage to the satisfaction of
the Contract Administrator. Only stumps of trees with trunk diameter of minimum 150mm, I
measured 1.0m above ground, shall be considered for payment under this item. The costs for
removing stumps of smaller trees and bushes shall be included in the unit price bid for this item.
Individual Stumps (> 150mm dia.) I
For the unit price bid per each, individual tree stumps not identified as part of"bush areas" as I
defined in the SP for Tree Clearing, that are identified for removal on the drawings or at the time
of construction, shall be removed by the Contractor. Note that this item shall only apply to
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SP-9
I wide trail base. Stumps outside of the trail base footprint
stumps within the footprint of the 2.6m id t a S p p
I do not require removal but shall be cut down as close as possible to the ground during clearing
operations.
IBush Areas
For the lump sum bid, the Contractor shall remove stumps in bush areas. Bush Areas shall be
I defined as indicated above in the SP for Tree Clearing. Stumps within the 2.6m wide trail base
shall be completely removed. Stumps lying outside the footprint of the trail base do not require
removal, but shall be cut down as close as possible to the existing ground during clearing
Ioperations.
I ITEM NO. 3
EARTHWORKS
IGENERAL
For the unit price bid, the Contractor shall excavate or place material to the required line and
I grade, or to new limits as established by the Contract Administrator at the time of construction.
All excavated material shall be disposed of as outlined under OPSS.MUNI 180-General
Specification for the Management of Excess Materials and the General SP - Management of
IExcess Materials.
The unit price bid shall also include all excavation and grading required for sidewalks, trails, side
I slopes and all excavation required at side streets and entrances. The unit price bid shall include the
removal and disposal of designated asphalt, including curbs and any other minor structures
encountered during the course of construction if not included as a separate item in the contract.
ICONSTRUCTION
I The Contractor shall make every effort to reuse excess material as suitable fill,within the
project limits, if the material is geotechnically suitable. Note: excess topsoil may not be used
as fill.
IAccess to commercial establishments will be maintained at all times by a method satisfactory to
the Contract Administrator. Access to residential lots to be maintained at all times except when
Iwork is being performed immediately in front of the driveway.
Test Holes
IFor the unit price bid, the Contractor shall supply all labour, equipment and materials to excavate
test holes within the construction limits for the purpose of the QP to take soil samples for
Ienvironmental testing and include the restoration of the excavation afterwards.
No compensation will be provided to the Contractor for delays while the Owner's representative is
Isampling the soil from the excavation and assessing the analytical results.
SP-10
Any geotechnical consulting fees or chemical analysis fees requested by the re-use site owner,
shall be excluded from payment. '
Topsoil Stripping
a) General '
For the unit price bid, the Contractor supply all labour, equipment and materials to strip the native
topsoil within the grading limits shown on the drawings or established by the Contract
Administrator at the time of construction. Topsoil shall be stripped to a depth equal to the
thickness of the topsoil or 300mm, whichever is less. The unit price bid shall include excavation,
loading, hauling, dumping, stockpiling (including silt fence—refer below) & disposal of excess at
appropriate receiving site(s).
b) Stockpiles ,
The Contractor may stockpile the material either on or off-site. '
Off-site - The Contractor is responsible for obtaining an appropriate temporary stockpile location
and securing and submitting the applicable OPSF 180 forms—refer to General SP —Management
of Excess Materials.
On-site stockpile locations shall be approved by the Contract Administrator. Stockpiles must not
adversely affect the function of roadside ditches and shall be kept back a minimum of 1.0m from
the existing west shoulder edge. Stockpiles shall be considered part of the "Work Area(s)" as
defined by OTM Book 7 and such areas shall be delineated and signed in accordance with the ,
applicable typical layout from OTM Book 7. Silt fence (Light duty OPSD 219.110) shall be
installed along the downstream edges of the stockpile to prevent migration of material during
rainfall events. The cost of the silt fence shall be included in this item. 1
The Contractor shall be responsible for restoration of stockpile areas located outside the general
grading limits of the proposed works. The cost for this restoration shall be included in the unit
price bid for this item. '
c) Excess Soil Management
The estimated maximum in-situ(compacted) quantity of topsoil to be removed (at a 300mm
thickness) is 4,200 m3 for Part 1 and 4,400 m3 for Part 2. Note: the actual thickness of the topsoil
will vary. Topsoil from the on or off-site stockpiles shall be re-used in accordance with Item No.
9—Topsoil. It is estimated that approximately 850m3 for Part 1 and 1,000 m3 for Part 2 (loose)
topsoil from the stockpiles will be required for re-use, assuming 100mm placement thickness.
Excess topsoil (i.e. that will not be re-used on site) is property of the Contractor and shall be
disposed of in accordance with the General SP—Management of Excess Materials. As mentioned
therein, it is anticipated that the excess soil will meet Table 2.1 criteria of the Excess Soil Quality
Standards (ESQS) of O.Reg. 406/19 with the exception of the EC and SAR parameters.
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SP-11
d) Basis of Payment
The Form of Tender provides an estimate of the quantities of materials that fall under the various
standards provided in O. Reg. 153/04 (as amended).
111 Salt impacted Topsoil (All other concentrations below Table 1 Excess Soil Quality Standards
(ESQS)
Payment for this work will be per square metre (2D Plan area) of topsoil removed.
Topsoil above Table 1 ESQS and Table 2.1 ESQS (Provisional)
Payment for this work will be paid per tonne based on weigh tickets from the waste facility.
Included in this item will be costs of managing of material, hauling to the temporary stockpile
location, the reloading of material back on to trucks, the cost of hauling the material to a licenced
waste management facility and the tipping fees at the facility.
No additional payment will be made for the excavation, handling, and disposal or re-use of
material excavated from the site, which meets Excess Soil Quality Standards, Table 2.1, or where
all Table 2.1 criteria are met except for either SAR, Electrical Conductivity (EC) or both.
Earth Excavation Below Level of Topsoil(Provisional)
a) General
For the unit price bid, the Contractor supply all labour, equipment and materials to excavate
material lying under the native topsoil to the required line and grade; or to new limits as
established by the Contract Administrator at the time of construction. The unit price bid shall also
include the placement and compaction of suitable excavated material as fill, and the removal and
disposal of geotechnically unsuitable material off-site in accordance with the General SP—
Management of Excess Materials.
This item shall only be used in the following situations:
• If the existing material below the topsoil is unsuitable to support the proposed fill and trail
due to being excessively wet, soft, or unsound—excavated material to be disposed of off-
site
• At certain sections between Sta. 1+440 to 1+790, where the elevation of the east edge of
the proposed trail lies below the existing grade—excavated material to be re-used as fill
b) Stockpiles
The same requirements listed above in the "Topsoil Stripping" section shall apply.
c) Excess Soil Management
All excavated fill obtained below the level of the native topsoil shall be re-used on-site unless
deemed geotechnically unsuitable by the Contract Administrator.
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SP-12
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d) Basis of Payment
The Form of Tender provides an estimate of the quantities of materials that fall under the various I
standards provided in O. Reg. 153/04 (as amended).
Salt impacted soils (All other concentrations below Table 1 Excess Soil Quality Standards (ESQS) I
Payment for this work will be paid as earth excavation per cubic metre based on the areas and I
depths noted in the field by the Contract Administrator.
Soils above Table 1 ESQS and Table 2.1 ESQS (Provisional) I
Payment for this work will be paid as earth excavation per tonne based on weigh tickets from the
waste facility. Included in this item will be costs of managing of material, hauling to the
temporary stockpile location, the reloading of material back on to trucks, the cost of hauling the
material to a licenced waste management facility and the tipping fees at the facility.
No additional payment will be made for the excavation, handling, and disposal or re-use ofI
material excavated from the site, which meets Excess Soil Quality Standards, Table 2.1, or where
all Table 2.1 criteria are met except for either SAR, Electrical Conductivity (EC) or both. I
Imported Fill
a) General I
For the unit price bid, the Contractor shall supply all labour, equipment and materials to supply
and place and compact approved imported, clean fill to the line and grade as shown on the I
drawings or established by the Contract Administrator at the time of construction to complete the
foundation for the proposed trail work.
Compaction shall be as per OPSS.MUNI 501 —Construction Specification for Compacting. ,
P P
The type of compaction equipment used shall be suited to the material to be compacted, I
degree of compaction required, and space available. Selection of compaction equipment
shall be determined by the Contractor with a list of the proposed equipment being submitted
at the pre-construction meeting.
Imported fill shall be clean and free of contaminants. To that end, the Contractor shall provide
soil chemistry results that demonstrate that the proposed fill material meets Table 1 of the Excess I
Soil Quality Standards (ESQS). The Contractor is responsible for hiring a Qualified Person (QP)
as designated by O.Reg. 406/19 to perform the soil testing and to certify that the soil is suitable to
be placed at the site. The number of soil tests required shall be as per the regulation. Prior to any
imported fill being delivered to site, testing results shall be provided to the Contract
Administrator and the Contractor shall receive written approval from the Contract
Administrator. The Contractor shall allow 14 days for the Contract Administrator to
review the testing results. No compensation for delays shall be considered as a result of the
14 day review period.
All costs associated with hiring the QP, soil testing and reporting shall be included in the lump I
sum bid for that item.
SP-13
b) Stockpiles
The same requirements listed above in the "Topsoil Stripping" section shall apply.
c) Excess Soil Management—N/A
d) Basis of Payment
' Payment for this work will be paid as earth excavation per cubic metre based on the actual
calculated end areas for the trail excavation work. The contractor is to complete the required
cross-sections at a minimum of 20 metre spacing along the trail for use to complete the actual end
area calculations. Cross-section survey work will be completed immediately after stripping and
immediately following construction of the base for the final trail surface to allow proper
calculation of the imported fill amount.
Regrade Ditch
' For the unit price bid per lineal metre, the Contractor shall supply all labour, equipment and
materials to re-construct the existing road-side ditch where the toe of the proposed fill slope will
' extend beyond the existing ditch invert. The Contractor shall re-construct all sections identified
by the Contract Administrator during construction. The ditch shall be a 'V' shape with maximum
side slopes of 2:1 on the east (3:1 where existing lawn is cut) and 3:1 on the west.
The Contractor shall ensure positive drainage for all reconstructed ditches. Payment for this item
shall be per lineal metre of re-graded ditch. Payment will only be made where the Contractor has
been instructed to provide a ditch and only to the limits identified by the Contract Administrator at
the time of Construction.
ENVIRONMENTAL TEST RESULTS
Bidders shall note that as of yet no soil samples from the site have been sent to a provincially
' accredited laboratory for analysis; therefore, as required by O. Reg 406/19, the Owner is prepared
to have soil samples from the site tested prior to construction. The Owner shall compensate the
Contractor for the excavation of test holes as noted on the Form of Tender.
' Contractors shall note, test holes shall be excavated prior to work commencing.
The Contractor shall supply all labour and equipment to excavate and fill test holes at the agreed
upon locations. Samples will be taken by the Owner's Qualified Person (QP) and sent to a
provincially accredited laboratory for testing. Upon receipt of the test results, the Contractor shall
manage the construction operations accordingly and without claim for project delays.
With a better understanding of the existing soil conditions, the Contractor shall manage the excess
material in an environmentally and economically acceptable manner. It is the Owner's
expectation that the Contractor shall,to the best of their ability, reuse soil impacted with
elevated soil chemistry on-site. The volume of excess material, that has elevated chemistry,
shall be kept to a minimum.
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SP-14
1
The excess soil that is impacted with elevated soil chemistry levels, other than SAR and EC that
cannot be reused on site, shall be hauled off-site by a licenced hauler and disposed of at a licensed
facility. All costs of hauling and disposal shall be included in the appropriate tender item.
The intended receiver of any excess soil from this project must be made aware of the elevated
levels so that they may place or dispose of the soil appropriately and in accordance with the
current Soil Rules and Regulations. Prior to removal of excavated soil from this site, a copy of the
test results should be forwarded to authorities at the receiving sites for approval.
ITEM NO. 4
DUST SUPPRESSANTS AND COMPACTION
For the unit price bid, the Contractor shall supply all labour, equipment and materials for the
application of water and calcium chloride solids when requested by the Contract Administrator, or
upon approval of the Contract Administrator.
Dust suppressants shall be applied in a manner that avoids ponding, runoff, drifting, and tracking
of the material beyond the area of application.
Water, for compaction shall be applied, as necessary, to achieve the degree of compaction
specified.
General
The proper use and application of the dust suppressants is the responsibility of the Contractor and
is subject to applicable Ministry of the Environment, Parks and Conservation requirements under
legislation such as the Environmental Protection Act (EPA) and the Ontario Water Resources Act.
Materials I
Water shall be free of contaminants that could adversely affect fill material or the environment. ,
Calcium chloride solid solution shall be in accordance with OPSS 2501. Should the Contractor
choose to use a calcium chloride solution, the Contractor shall submit the mix design indicating 1
the percentage of solid calcium chloride. Dust suppressants containing waste material are not
approved for use.
Measurement for Payment
Measurement for water shall be by cubic meters based on the tank size. Measurement for calcium I
chloride solid shall be mass in tonnes. Measurement for calcium chloride solution shall be by
mass of equivalent solid based on the submitted mix design.
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SP-15
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ITEM NO. 5
IGRANULAR A
For the unit price bid, the Contractor shall supply all labour equipment and materials required to
I place, fine grade and compact Granular A material required in the trail base, driveways, under the
sidewalk and curb and gutter, which are applicable to this contract as per OPSS.MUNI.314. All
other Granular A material required shall be included in the unit prices bid for those items where
Imaterial is required.
Granular material shall be compacted to a minimum dry density of 100%.
1 Gravel Ticket Requirements\
I • A minimum of 2 copies of the weigh tickets shall be delivered to the site. One copy is to
remain with the Contract Administrators site representative.
• Source of material
1 • Description/type of granular material shall be noted on the ticket
• Intended use of material shall be noted on the ticket
• Truck number/driver or some other form of identification shall be noted on the ticket
I
• Gross tonnes, Tare tonnes and Net tonnes shall be noted on the ticket
• Must be legible
• Must be submitted daily
Measurement for Payment
1 Measurement for Granular A shall be by the tonne based on tickets provided upon delivery of the
material to the site. Granular tickets must be submitted daily to ensure payment. Illegible
Itickets may be considered invalid.
I ITEM NO. 6
HOT MIX ASPHALT
i
General
For the unit price bid, the Contractor shall supply all labour, equipment and materials, for the
I execution of paving work in accordance with OPSS.MUNI.310 for Marshall mixes of Hot Mix
Asphalt (HMA).
I HMA for the trail shall be machine laid and compacted with appropriately sized equipment. The
unit price bid shall include all costs for transporting HMA from trucks located on the road
shoulder to the paving machine located on the trail base.
IThe Contractor's unit price bid for this item shall also include all ramping, transverse joints,
and/or removal of all transverse joints and all de-ramping at structures, sidewalk drops and
Idriveway entrances, as identified by the Contract Administrator at the time of construction.
SP-16
I
If applicable, tack coating will be included and paid as a separate item in the contract.
All asphalt plant operations shall comply with municipal regulations and ordinances governing the '
area in which the plant is located.
310.05 Materials
Performance graded asphalt cement shall be PG 58-28. The Performance Graded Asphalt Cement
(PGAC) will conform to OPSS.MUNI 1101 for the specified grade.
OPSS 1150.04.01.01.01 Reclaimed Asphalt Pavement Portions has been amended as follows:
RAP is not permitted in HL-1 and DFC.
The use of:
a) Up to 15% by mass of RAP shall be permitted for HL-3, HL-3F, HL-4 and HL-4F surface
course mixes.
b) Up to 20% by mass of RAP shall be permitted for HL-4, HL-8 and medium duty binder I
mixes.
c) Over 20% by mass of RAP is not permitted for any mix.
310.06 Equipment
OPSS.MUNI.310 is amended in that no surface trial coat area shall be required under this contract.
Prior to paving, the Contractor shall submit a list of equipment that will be used. The list shall
identify the make & model of the paving equipment and rollers. For the rollers, the Contractor
shall also identify the Class of Roller and identify the Minimum Roller Combinations to be used I
on the contract as per Table 5 of OPSS.MUNI.310.
310.07 Construction I
The Contractor is responsible for all Quality Control (QC) testing. The QC documentation shall
be made available to the Contract Administrator upon request. A through lane paving course shall
be completed prior to placement of adjacent side roads, speed change lanes and other paved areas.
310.07.05 Sampling
OPSS 310.07.05.01 Asphalt Cement - Asphalt cement sampling and testing is not a requirement of
the contract.
OPSS 310.07.05.02 Hot Mix Asphalt - When the Hot Mix Price Adjustment is part of the 1
contract, Hot Mix asphalt sampling and testing is a requirement of the contract and all costs are to
be paid by the Contractor. Sample sizes and frequency of samples shall be as per Table 6 of
OPSS 310.
310.07.08- Widenings and Irregular Sections - 450 mm stepped joints are required when placing
HMA adjacent to existing paved areas with an existing asphalt depth of 80 mm or more.
Note: this is not required for the proposed trail where it intersects with a paved sideroad or
driveway.
SP-17
310.07.09 - Hot Mix Asphalt Padding—N/A
310.07.11.03- Transverse Joints - The third paragraph has been amended as follows:
a) When a binder course is placed flush against an existing HMA pavement and a butt joint is to
' be made, the existing pavement shall be trimmed back to form a straight vertical surface.
Note: this approach is also required for locations where the proposed trail intersects with a
paved sideroad or driveway.
310.07.13 Tolerances
The paving tolerance of OPSS.MUNI.310.07.13 shall be reviewed upon completion. Should the
' deviations exceed 6 mm on the binder course or 3 mm on the surface course, as measured in any
direction with a 3m straight edge, the Contractor shall correct these deviations to the satisfaction
of the Road Authority. Paving tolerances are not applicable to irregular sections of paving, or
within 3 m of a butt joint with an existing HMA pavement.
310.08 Quality Assurance
' Quality Control laboratory testing shall be used for acceptance in place of Quality Assurance
laboratory test results. All other Quality Assurance testing shall be performed by the Contract
Administrator.
310.09 Measurement for Payment
Measurement for payment of hot mix asphalt shall be by mass in tonnes based on tickets provided
upon delivery of the material to the site, unless specified otherwise. Hot mix tickets must be
submitted daily to ensure payment. Illegible tickets may be considered invalid.
Tack coat shall be included in the unit price bid unless tack coat is listed as a separate item
Winter heat shall be included in the unit price bid unless winter heat is listed as a separate item
' Hot Mix Ticket Requirements
' • A minimum of 2 copies of the weigh tickets shall be delivered to the site. One copy is to
remain with the Contract Administrator's site representative.
• Description/type of hot mix material shall be noted on the ticket
' • Truck number/driver or some other form of identification shall be noted on the ticket
• Gross tonnes, Tare tonnes and Net tonnes shall be noted on the ticket
• Must be legible
• Must be submitted daily
Hot Mix Price Adjustment for HL-3
Payment to the Contractor for hot mix HL-3 to be based on changes to the Ministry of
Transportation's performance graded asphalt cement price index as presented herein.
' The price index will be published monthly in the MTO Contract Bulletin and displayed on the
OHMPA (www.ohmpa.org) and the MTO website (www.rags.mto.gov.on.ca). The price index
will be used to calculate the amount of the payment adjustment per tonne of new asphalt cement
accepted into the Work.
SP-18
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The price index will be based on the price, excluding taxes, FOB the depots in the Toronto area,
of asphalt cement grade PG 58-28 or equivalent. One index will be used to establish and
calculate the payment adjustment for all grades.
A payment adjustment per tonne of new asphalt cement will be established for each month in
which paving occurs when the price index for the month differs by more than 5% from the price
index established by the Contract Administrator. When the price index differential is less than
5%, there will be no payment adjustment for that month. Payment adjustments due to changes in
the price index are independent of any other payment adjustments made to hot mix tender items.
The payment adjustment per tonne will apply to the quantity of new asphalt cement in the hot mix
accepted into the Work during the month for which it is established.
The payment adjustment for the month will be calculated from the following formulae:
Asphalt Cement Price Adjustment, PA
1 Paving Within Approved Paving Beyond Approved
p Contract Time Contract Time
Ip > 1.05ITo PA= (Ip - 1.05IT0) x TAC PA= (IAT - 1.05IT0) x TAC
Ip <0.951T0 PA= (0.95ITo— Ip) x TAC
Where:
PA = payment adjustment for new asphalt cement, in dollars
ITo = performance graded asphalt cement price index for the month prior to Tender Opening I
or price index established by the contract Administrator as noted below
Ip = performance graded asphalt cement price index for the month in which paving occurs
IAT performance graded asphalt cement price index for the month of expiry of approved
Contract Time
TAC = quantity of new asphalt cement in tonnes
The tender price and Hot Mix Price Adjustment will be based on $1,100/tonne liquid asphalt.
The quantity of new asphalt cement includes all grades of asphalt cement supplied by the
Contractor with and without polymer modifiers. For each month in which a payment adjustment
has been established, the quantity will be calculated using the hot mix quantity accepted into the
Work and its corresponding asphalt cement content as required by the job mix formula except for
mixes which contain reclaimed asphalt pavement.
For mixes which contain reclaimed asphalt pavement, the increase due the Contractor or the rebate
due the owner will be calculated as if virgin hot mix asphalt has been supplied. This fairly reflects
the increasing value of the Contractor's RAP pile when AC prices are increasing and the opposite
when they are declining.
For mixes containing a liquid anti-stripping additive, the quantity of anti-stripping additive will be
deducted from the quantity of new asphalt cement. No other deductions will be made for any
other additives.
For progress payment purposes, payment adjustments will be made on the monthly progress
payment certificate for the months in which hot mix paving occurs. I
SP-19
'
ITEM NO. 7
PLACE CONCRETE SIDEWALK AND DRIVES (PROVISIONAL)
For the unit price bid, the Contractor shall supply all labour, equipment and materials required to
I place concrete sidewalks and drives where indicated on the drawings or to the limits established
by the Contract Administrator at the time of construction in accordance with OPSS 351.
General
Concrete shall conform with CAN/CSA A23.1 and shall be Exposure Class C-2 with the following
specifications:
• 32 MPa
• 0.45 w/c ratio
• 5-8% Air Entrainment
i The submitted concrete mix design shall indicate the expected slump and if it is permitted to add
water to the concrete mix on-site without exceeding the specified w/c ratio.
' OPSS 351 is amended to include the following:
351.05.01 - Concrete - coarse aggregate shall be crushed limestone
351.05.04 - Granular- the granular material shall be Granular A.
351.07.02.02 - Granular Base - the placement depth of Granular A shall be 125 mm minimum
or to the same depth as the sidewalk or drive.
351.07.10 - Joints, all longitudinal and transverse joints shall be saw cut contraction joints
in the hardened concrete within a sufficient time of placing the sidewalk. These
joints shall align with the control joints in the curb when sidewalk is placed
' against the curb and gutter.
351.07.09 - Sidewalks shall be given a broomed texture after finishing with a float.
Driveways' surface texture shall match existing.
1 351.10 - Basis of Payment - Granular A shall be paid under the item Granular A as
specified in OPSS.MUNI 314.
351.07.14 - Cold Weather Concreting- The placing and protection of concrete sidewalks in
cold weather shall be in accordance to OPSS.MUNI.904 —Construction
Specification for Concrete Structures. No additional payment will be made for
compliance with OPSS.MUNI.904.
' ITEM NO. 8
SUPPLY AND INSTALL DETECTABLE WARNING SURFACES FOR PEDESTRIAN
CROSSING (PROVISIONAL)
For the unit price bid, the Contractor shall supply all labour, equipment and materials required to
install the detectable warning surfaces. The warning surface shall be clay red in colour and shall
be cast iron.
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References
Canadian Standards Association
CSA B651-2012 Accessible Design for the Built Environment
American Society of Testing and Materials
ASTM A 48 Standard Specification for Grey Iron Castings
ASTM C 1028 Standard Test Method for Determining the Static Coefficient of Friction of
Ceramic Tile and Other Like Surfaces by the Horizontal Dynamomter Pull-
Meter Method
ASTM C 501-84 Standard Test Method for Relative Resistance to Wear of Unglazed
Ceramic Tile by the Taber Abraser
Ontario Provincial Legislation
O. Reg. 191/11 Accessibility for Ontarians with Disabilities Act, 2005
Materials I
Tactile Walking Surface Indicators shall comply with O. Reg. 191/11 Accessibility for Ontarians
with Disabilities Act, 2005, OPSD 310.039 and meet the following requirements. 1
Standard Property Minimum Result
ASTM A 48 Tensile Strength Class 30B I
ASTM C 1028 Slip Resistance Dry 0.8 min, wet 0.65 min
ASTM C 501-84 Wear Resistance Wear Index: >15
The truncated domes shall be of uniform size and shape. Units shall be uniform in texture, be free
from pouring faults, sponginess, cracks, blowholes, and other defects, and have clean-cut and
well-defined edges. All surfaces shall be uniform and free of flaking rust or mounts of rust or
debris. Tactile walking surface indicators shall have ribs cast to the underside of the unit, have
vent holes, and have a minimum plate thickness of 5 mm.
Installation
Tactile walking surface indicators shall be set and pressed into wet concrete to final elevation 1
according to OPSD 310.033 and as per the manufacturer's recommendations. Remove any wet
concrete that may spill onto tactile walking surface indicator surface.
ITEM NO. 9
TOPSOIL (FROM STOCKPILE)
For the unit price bid, the Contractor shall supply all labour, equipment and materials required to
place stockpiled topsoil where indicated on the drawings or to the limits established by the
Contract Administrator at the time of construction.
For the unit price bid, the Contractor shall also fine grade to a uniform surface, the areas to be 1
topsoiled as indicated on the contract drawings or to the limits established by the Contract
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Administrator at the time of construction. OPSS 802 shall apply for this item except that
802.09.01.01 shall be amended to make payment as noted in the Form of Tender.
The topsoil shall be from the on-site (or off-site) stockpile from stripping operations. The
Contractor shall uniformly spread the topsoil to a depth of not less than 100 mm. The cost of fine
Igrading, placing from stockpile, and raking the topsoil shall be included in the unit price bid.
Remove Debris
' For the lump sum bid, the Contractor shall ensure that the finished surface of the topsoil is free of
debris including sticks, clumps of sod, rocks, etc. measuring 50mm in diameter or more.
ITEM NO. 10
SEEDING AND COVER
For the unit price bid, the Contractor shall supply all labour, equipment and material required to
place the fertilizer, seeding and bonded fibre matrix(BFM) where indicated on the drawings or to
1 the limits established by the Contract Administrator at the time of construction. Included in the
unit price bid shall be the supply and application of water.
1 All material and construction procedures shall be in accordance with OPSS.MUNI.804. Cover
material shall be BFM, unless defined elsewhere in the contract.
The permanent seed shall be top quality Standard Roadside Mix, consisting of the following:
Creeping Red Fescue 50%
Kentucky Bluegrass 10%
Perennial Ryegrass 35%
White Clover 5%
The rate of application for the seed shall be 1.3 kg per 100 m2 as per OPSS.MUNI.804 Table 2.
The cover shall be BFM and shall be applied at a rate of a minimum of 37 kg of dry product
per 100 m2. The BFM shall be mixed with water in a hydraulic seeder and mulcher at a rate of 20-
30 kg of dry product to 500-600 litres of water to form a homogeneous slurry. The Contractor
shall guarantee a catch of grass as per OPSS.MUNI 804 and will be responsible for all reseeding if
necessary.
OPSS 804.08-Quality Assurance has been amended to evaluate the performance of the seed. In
addition to the 30, 60, and 90 day evaluation, the growth will also be evaluated at the expiration of
the guaranteed maintenance period. The performance of the seed will not be evaluated during the
winter dormant period or when site conditions prohibit a visual field inspection.
ITEM NO. 11
ADJUST CURB STOP BOX TO GRADE
For the unit price bid per each, the Contractor shall provide all labour, equipment, and materials to
adjust the existing steel upper section of the curb stop box to finished grade for services identified
on the drawings or in the field by the Contract administrator at the time of construction.
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Extensions shall be made with galvanized steel threaded pipe and couplers to match the existing.
Approximate adjustment lengths range from 100 to 700mm, with average 400mm. I
If tracer wire is present, the Contractor shall ensure connectivity remains, and that additional tracer
wire and any splices are as outlined in Item 14. 1
ITEM NO. 12
CO-ORDINATE TO ADJUST TELEPHONE OR CABLE BOX TO GRADE
For the unit price bid per each, the Contractor shall co-ordinate for the adjustment of existing
telephone boxes, cable tv boxes and fibre optic boxes to grade. The Contractor shall not move
existing utilities without the permission of the applicable utility company. The unit price bid shall
also include excavation and backfill services for the various utility companies at the required box
locations. The Contractor shall not bear any costs from the utility companies for labour or
materials, which costs shall be borne by the Municipality as per existing and future cost sharing
agreements. The Contractor shall be responsible for all costs related to damage to existing
utilities, boxes and vaults.
Affected utilities are as follows: ,
Bruce Telecom
Contact Jeff Richardson 519-368-1466 or cell 1-519-389-8530 1
Hurontel I
Contact Kevin Galloway 519-395-3200
Rogers
Contact James Lawson 226-919-8967 (cell)
ITEM NO. 13 1
SUPPLY AND PLACE RIP RAP INCLUDING NON-WOVEN GEOTEXTILE
For the unit price bid, the Contractor shall supply all labour, equipment and material to place the 1
handlaid rip rap as indicated on the contract drawings, OPSD 810.010 for Sewer and Culvert
Outlets, OPSD 810.020 for Ditch Inlets, or to the limits established by the Contract Administrator
at the time of construction.
Materials
• 150 diameter shall be Rip Rap Classification shall be R-10 as per OPSS.MUNI 1004 - Table 8,
Gradation Requirements for Gabion Stone and Rip-Rap.
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• 200—300 diameter shall be Rip Rap Classification shall be R-50 as per OPSS.MUNI 1004 -
I Table 8, Gradation Requirements for Gabion Stone and Rip-Rap.
• The Geotextile shall be a non-woven, Class II, according to OPSS 1860, with a FOS of
75 to 150 µm.
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ITEM NO. 14
1 SUPPLY AND PLACE ARMOUR STONE INCLUDING NON-WOVEN GEOTEXTILE
For the unit price bid per tonne, the Contractor shall supply and place shaped, flat-top
landscaping-style armour stone in the ditch at Stoney Island Crescent in accordance with the
detail and/or cross section shown on the drawing. Note that geotextile must be placed prior to
placement of armour stone. The Geo textile shall be a non-woven, Class II, according to OPSS
1860, with a FOS of 75 to 150 µm.
Rocks shall be clean, hard, durable, angular, non-friable limestone or igneous rock, free from
cracks, seams, or other defects which may impair durability. Rocks shall be free of clay, silt,
vegetation, topsoil or other organic materials. Slate or shale shall not be acceptable. For
limestone sources in the Owen Sound, Bruce Peninsula areas, stones shall be from the lower layers
of light grey, crystalline material, not the upper layers of brown stone. The relative density shall
be not less than 2.60.
' Armour stone size shall be approximately 0.6m (height) by 0.9m (depth). The length of each
stone shall not be more than 2.5 times the least dimension.
The Contractor shall give the Contract Administrator timely notice of readiness for inspection of
armour stones at the quarry prior to delivery to site.
Weigh all stone placed in the work at the quarry on a scale approved and certified as correct by the
Department of Consumer and Corporate Affairs, Weights and Measures Inspection Branch.
1 Weigh ticket for each load of armour stone shall record the number of stones per load. Provide
copies of all tickets daily to the Contract Administrator.
Contract Administrator reserves the right to place a staff member in the scale house.
Place armour stone individually by crane or backhoe employing a grab device which will allow
sorting, placing and re-setting, if necessary. Sort, fit and key each rock to ensure stability.
Payment shall be made at the unit price bid per tonne of stones delivered to the site and in final
1 placed location.
ITEM NO. 15
SUPPLY AND INSTALL GALVANIZED HAND RAILING
For the unit price bid, the Contractor shall supply all labour, equipment and materials required for
the complete installation of the hand railing for the retaining wall as outlined below and in
accordance with OPSS.MUNI.908 and OPSD 980.101M.
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Handrails shall be 50 mm dia. galvanized utility railing complete with 3 horizontal rails including
posts and all associated hardware. I
General dimensions (heights) shall be:
• Top Rail 1400 mm
• Centre Rail 900 mm
• Lower Rail 400 mm
Post Spacing shall be 2.1 m maximum.
Posts shall be anchored to 300 mm dia. concrete footings. Footings shall be a minimum 1.2m
deep . Where footing is directly overtop a culvert, the footing shall extend to as deep as practical.
The handrail shall be continuous and shall not be "stepped/broken" to conform to grade. '
Shop drawings are to be provided to the Contract Administrator for review and approval prior to
construction of the railings.
ITEM NO. 16 t
SUPPLY, EXCAVATE FOR, PLACE AND BACKFILL CORRUGATED STEEL PIPE
(C.S.P.) CULVERTS I
General
For the unit price bid, the Contractor shall supply all labour, equipment and materials for the
installation of galvanized corrugated steel pipe (CSP) culverts as shown on the plans or at
locations established by the Contract Administrator at the time of construction. I
All work shall be done in accordance with OPSS.MUNI.421. The bedding and backfill of the pipe
shall be as per OPSD 802.010, 802.013 or 802.014, whichever is applicable to the soil type. All
bedding and backfill material shall be approved granular material compacted to a minimum dry
density of 100%. Backfill shall be placed in uniform layers not exceeding 300 mm in thickness
and compacted to the specified density before a subsequent layer is placed. Backfill placement
and compaction shall be the same on either side of the culvert. Compaction is especially critical
for arch culverts.
The cost of all granular materials for bedding and backfill shall be included under this item. 1
Excavated material and concrete shall be disposed of as outlined under the General SP -
Management of Excess Materials.
Corrugated Steel Pipe shall become the property of the Contractor and shall be disposed of outside I
the contract limits.
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Wall thicknesses shall be as follows:
1 Size Wall Thickness
<600 mm dia. round 1.6 mm
> 600 mm and< 900 mm dia. round 2.0 mm
1030 x 740 CSPA 2.0mm
*2240 x 1630mm CSPA Structural Plate 3.0 mm
I *2690 x 2080mm CSPA Structural Plate 3.0 mm
*3730 x 2290mm CSPA Structural Plate 3.0 mm
*Dimensions are approximate
ICulvert Extensions
I For the unit price bid per each, the Contractor shall supply all labour, equipment and materials for
the extension of existing roadway culverts. Extension lengths have been identified on the
drawings. At each culvert requiring extension, the Contractor shall confirm the following prior to
Iordering materials:
• Exact dimensions—i.e. diameter if round, or height& width if horizontal elliptical
I • Corrugation pattern (annular or helical) and corrugation dimensions
• Whether end trimming of rusted or damaged portion is required, trim length
111 The Contractor shall ensure that ordered lengths account for extra length required due to trimming.
Couplers shall be "universal dimple" band or approved equivalent. Coupler fastening method to
be "band angle connector" or"bar and strap connector" type or approved equivalent. The
Contractor shall install coupling systems as per manufacturer recommendations. If, in the
I
opinion of the Contract Administrator at the time of construction, the Contractor cannot
feasibly connect the extension using the universal dimple connectors, the contractor may
make the connection using flat coupling bands. Concrete collar connections with filter cloth
Ishall not be used without the permission of the Contract Administrator.
Prior to ordering materials, the Contractor shall provide shop drawings for the culvert
1 extensions to the Contract Administrator for approval.
Remove and Replace Existing Driveway Culvert
IFor the unit price bid per metre, the Contractor shall supply all labour, equipment and materials
required to remove and replace, including excavation and backfill for culverts across the entrances
Ias shown on the plans or identified by the Contract Administrator at the time of construction.
Structural Plate Culvert Extensions
I1. Culvert# 4 (Approx. Sta. 1+440
I Approximate size: 2240 x 1630mm CSPA structural plate with beveled end
Corrugations: 152 x 51mm
Required extension: 3.66m(12')
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2. Culvert #19 (Approx. Sta. 4+692
Approximate size: 3730 x 2290mm CSPA structural plate with beveled end
Corrugations: 152 x 51mm
Required extension: 3.05m (10') 1
3. Culvert #21 (Approx. Sta. 5+081
Approximate size: 2690 x 2080mm CSPA structural plate with beveled end 1
Corrugations: 152 x 51mm
Required extension: 3.66m (12')
For bidding purposes, for each location noted above, the bidder shall assume the size noted above
which has been selected from a list of standard sizes based on approximate field dimensions. Prior
to ordering materials, the Contractor shall confirm the size of the culvert in the field. The
Contractor shall remove the existing beveled end pieces back to the first joint, taking care to
maintain these pieces intact. The Contractor shall extend the culvert using standard lengths of
structural plate sections in accordance with the required extension length listed above. Note: the
required extension length listed above is the length of new material to be added onto the existing
culvert once the existing beveled end pieces have been removed. New sections shall be 3.0mm
(nominal) thickness, galvanized CSP structural plate. The Contractor shall then re-attach the
existing beveled end onto the new extension.
Bedding and backfill shall be Granular A, compacted to a minimum dry density of 100%. Backfill
shall be placed in uniform layers not exceeding 200mm in thickness. The Contractor shall take
care to especially ensure proper compaction at the haunches. The Contractor shall backfill
and compact both sides of the culvert evenly—that is, the contractor shall ensure that
backfill heights are balanced on both sides of the culvert as backfilling progresses.
The unit price bid per each shall include all labour, equipment and materials to perform the work
noted above, in accordance with applicable OPSDs and manufacturer recommendations.
ITEM NO. 17
WATERMAIN INSTALLATION I
The Contractor shall comply with the Safe Drinking Water Act (SDWA) and all applicable
regulations made in accordance with that act, including but not limited to the Drinking Water I
Works Permit (DWWP), the Municipal Drinking Water Licence (MDWL) and the most current
version of ANSI/AWWA C651-Disinfecting Watermains. Both the DWWP and the MDWL can
be made available to the Contractor by the Contract Administrator upon request. For the purpose I
of the DWWP Condition 2.3, the most recent version of the Ministry of the Environment,
Conservation and Parks "Watermain Disinfection Procedure", supersedes ANSI/AWWA C651-
Disinfecting Watermains.
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1
All chemicals and materials used in the alteration or operation of the drinking water system that
' come into contact with water within the system shall meet all applicable standards set by both the
American Water Works Association("AWWA") and the American National Standards Institute
("ANSI") safety criteria standards NSF/60, NSF/61 and NSF/372.
tOnly authorized Operating Authority personnel shall operate valves on existing watermains for the
purpose of controlling water. No person other than the authorized Operating Authority personnel
' shall shut down or charge any section of existing watermain or operate any valve for the purpose
of controlling water from existing watermains.
1 The Contractor shall provide the Operating Authority at least 48 hours advance notice when a
change in control of the water is required. All necessary water supply interruptions shall be
scheduled in co-operation with the local Operating Authority.
MATERIALS
' Tracer Wire
For the hydrant extension the Contractor shall ensure that the existing tracer wire is extended
above the finished grade. The tracer wire shall be Type TWU, No. 12/7 stranded copper
conductor with thermoplastic insulation, in accordance with CSA C22.2 No. 75, colour shall be
blue, rated for underground use.
All spliced or repaired wire connections, in the tracer wire system, shall be made with
manufactured, approved waterproof connectors specifically designed for underground tracer wire
use.
Watermain Materials -- Kincardine
' Materials
All materials for the hydrant extension and curb box extensions shall be supplied by the
Contractor. All materials supplied under this contract shall comply with the latest edition of the
applicable AWWA standard. Oils and lubricants used in assembly shall be 'Food Grade' and shall
' comply with the latest edition of NSF/ANSI Standard 61.
No substitutes without Operating Authority approval or the approval of the Operating
' Authority.
Hydrant Extensions
Hydrant extensions shall compatible with M67 Brigadier model, by McAvity and shall be installed
as per manufacturer's recommendations. Lengths are as indicated in the tender form.
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CONSTRUCTION
Excavation I
All excavated material not required for backfill shall be disposed of as outlined under the General I
SP—Management of Excess Materials. The cost of this work shall be included in the unit price
bid.
Bedding, Embedment and Backfill
Bedding shall be Class B as per OPSD for rigid pipe and whichever soil type is applicable. I
Bedding and embedment shall be as per OPSD 802.010, 802.013, or 802.014 for flexible pipe for
whichever soil type is applicable. I
Bedding and embedment material shall be Granular A. Cover material shall be approved granular
material or select native granular material to 300 mm above the top of pipe. Bedding and cover
shall be placed in uniform layers not exceeding 200 mm in thickness, loose measurement, and
compacted to 95% of the maximum dry density before a subsequent layer is placed.
Backfill shall be as specified in the Form of Tender. If select native material is specified, it shall
be compacted to a minimum dry density of 95%. If granular material is specified, it shall be
compacted to a minimum dry density of 100%. Backfill shall be placed in uniform layers not
exceeding 300 mm in thickness for the full width of the trench and compacted to the specified I
density before a subsequent layer is placed.
Compaction I
Compaction shall be as per OPSS.MUNI.501 —Construction Specification for Compacting.
The type of compaction equipment used shall be suited to the material to be compacted, I
degree of compaction required, and space available. Selection of compaction equipment
shall be determined by the Contractor with a list of the proposed equipment being submitted
at the pre-construction meeting. I
Backfill shall be placed to a minimum depth of 900 mm above the crown of the pipe before power
operated rolling equipment shall be used for compacting. I
WATERMAIN DISINFECTION PROCEDURES FOR EMERGENCY REPAIRS
Categorization and Public Agency Notification of Watermain Breaks (MECP Watermain
Disinfection Procedure Section 2.1)
All watermain breaks shall be classified as Category 2 as per Section 2.1.2 of the most recent
Watermain Disinfection Procedure issued by the MECP, unless an Operator-In-Charge (OIC)
conducts a visual inspection upon completion of the excavation to determine the nature of the
watermain break and classifies it as a Category 1 as per Section 2.1.1 of the most recent
Watermain Disinfection Procedure by the MECP. I
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The OIC shall assess the evidence of the contamination or suspected contamination of the
' watermain throughout the repair procedure and shall reclassify if required.
Watermain Break Disinfection Procedure Common to Categories 1 and 2 (MECP Watermain
Disinfection Procedure Section 2.2)
The following steps must be performed for all emergency watermain repairs (Category 1 and
Category 2).
Maintenance of Flow (MECP Watermain Disinfection Procedure Section 2.2.1)
' The Operating Authority shall determine if flow can be maintained to the watermain break site
until the watermain is excavated. This determination shall be based on risks to worker and
public safety, the possibility of property damage, and/or adverse impact to the natural
environment.
' The Contractor will attempt to maintain flow from the watermain break, where possible, until
an Air Gap is established. Flow may be reduced by throttling valves while maintaining
sufficient flow from the watermain break to minimize the potential for Contamination. Flow
may be discontinued after an air gap has been created.
If flow from the watermain break is not maintained before an air gap is established, the
watermain break shall remain Category 2.
' Excavation Dewatering(MECP Watermain Disinfection Procedure Section 2.2.2)
1 Excavation dewatering shall be continued for the duration of the repairs such that the air gap
between the location of the watermain break and the water in the excavation is maintained. If
the water level in the excavation rises such that the air gap is not maintained after flow from
the watermain break has been discontinued, then the watermain break shall be classified as
Category 2.
1 Disinfection of Pipe and Repair Parts (MECP Watermain Disinfection Procedure Section
2.2.3)
I All surfaces of pipe and repair parts which will come into contact with drinking water shall be
disinfected using a minimum 1% sodium hypochlorite solution immediately prior to
installation. If any of the disinfected surfaces come into contact with the water and/or soil in
' the excavation prior to installation, the surfaces shall be cleaned and the disinfection procedure
shall be repeated.
1 If cutting out a section of pipe, the interior surfaces of the cut ends of the existing watermain
shall be disinfected using a minimum 1% sodium hypochlorite solution, swabbed or sprayed as
far as can be practically reached.
Installation of Repair Parts (MECP Watermain Disinfection Procedure Section 2.2.4)
The repair parts shall be installed while ensuring that contaminants do not enter the watermain.
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Post-Repair Flushing and Return to Normal Service (MECP Watermain Disinfection
Procedure Section 2.2.5)
Flushing shall be conducted following repairs by creating a temporary dead end downstream
of the watermain break through valve operation and flushing through the location of the repair
to a discharge point. Flushed water may be discharged from a hydrant, plumbing or
appurtenances. Where there is no discharge point to allow for flushing, the Operating
Authority shall tap the watermain on the downstream side of the watermain break and
discharge from that point. 1�
Flushing shall continue until the discharged water is visibly free from discoloration and
particulates, and an acceptable disinfectant concentration has been restored; whereupon the
system can be returned to normal service, defined as having all valves returned to normal
operating position. ,
Exception: Where the repair was performed using a repair sleeve and flow was maintained
from the watermain break until an air gap was established, flushing is not required. 1
Dechlorination is required for any water that is directly discharged into surface water or if the
discharge into the natural environment is likely to cause an adverse effect, as per Condition
10.0 of Schedule B of the Municipal Drinking Water Licence. The discharged water is deemed
to be a Class II spill for the purposes of O. Reg. 675/98 (Classification and Exemption of
Spills and Reporting of Discharges) made under the Environmental Protection Act. Discharges
of flushed water are also regulated under Condition 5.5 of Schedule C of the Municipal
Drinking Water Licence.
Following a Category 1 watermain break, the Contractor shall assist the Operating Authority in
collecting samples should the Operating Authority choose to perform microbiological sampling.
Additional Requirements for Category 2 Watermain Break Repairs (MECP Watermain
Disinfection Procedure Section 2.4)
In addition to the requirements described in Section 2.2 of the MECP Watermain Disinfection '
Procedure, the following steps are required for Category 2 watermain break repairs.
Removal of Contaminants from Watermain (MECP Watermain Disinfection Procedure '
Section 2.4.1)
Appropriate additional steps shall be undertaken to remove contaminants from the watermain, ,
such as:
• Physical removal of contaminants;
• Flushing into the excavation;
• Higher velocity flushing after repairs where practical and feasible.
Additional Disinfection Procedures (MECP Watermain Disinfection Procedure Section ,
2.4.2)
In addition to the steps in MECP watermain Disinfection Procedure Section 2.2.3, site-specific 1
disinfection procedures may also be used depending on the severity or nature of the
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contamination. The steps may include the disinfection procedures for new watermains as per
ANSI/AWWA Standard C651-Disinfecting Water Mains.
Microbiological Samples (Mandatory) (MECP Watermain Disinfection Procedure Section
1 2.4.3)
After the completion of flushing, at least one microbiological sample shall be taken and
1 submitted as soon as reasonably possible, taking into consideration laboratory working hours
and transportation timeframes.
' The flow shall be directed to ensure that the sample represents water that has passed through
the location of the repair. The sampling will typically occur at the point of flushing, and may
take place from sampling ports, hydrants, blow-offs, or premise plumbing. All samples shall
be considered drinking water samples, taken and tested in accordance with O. Reg. 170/03
requirements. The reporting and corrective actions of Schedule 16 and the applicable Schedule
17 or 18 of O. Reg. 170/03 shall apply.
The watermain may be returned to normal service, defined as having all valves returned to
normal operating position, prior to receipt of microbiological sample results.
' Special Case- Sewage Contamination (MECP Watermain Disinfection Procedure Section
2.4.4)
If there is evidence or suspected sewage contamination of a watermain, in addition to the steps
in MECP Watermain Disinfection Procedure Sections 2.2 and 2.4, the Contractor shall develop
1 and implement a plan with site-specific procedures for disinfection and sampling. The
sampling plan shall include as a minimum taking two sets of microbiological samples at least
24 hours apart.
Return to normal service is contingent upon the corrective actions and sampling plan being
completed to the satisfaction of the local Ministry office (in consultation with local Medical
Officer of Health). The affected watermain(s) may not be placed into service before the
corrective actions and sampling plan are completed unless a water advisory is declared.
The disinfection requirements for new watermains as per MECP Watermain Disinfection
Procedure Section 1.1.2, may be used based on agreement between the Operating Authority
and the local Ministry office, in consultation with the local Medical Officer of Health.
Special Case—Chemical Contamination (MECP Watermain Disinfection Procedure Section
2.4.5)
tIf there is evidence or suspected chemical Contamination of a watermain, in addition to the
steps in MECP Watermain Disinfection Procedure Sections 2.2 and 2.4, the Contractor shall
1 develop and implement a plan with site-specific procedures for disinfection and/or
decontamination and sampling. The Contractor shall finalize the plan in agreement with the
Operating Authority and the local Ministry office, in consultation with the local Medical
Officer of Health.
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Return to normal service is contingent upon the corrective actions and sampling plan being
completed to the satisfaction of the local Ministry office, in consultation with the local
Medical Officer of Health. The affected watermain(s) may not be put back in service before
the corrective actions and sampling plan are completed unless a water advisory is declared.
MEASUREMENT FOR PAYMENT
In addition to the items listed under OPSS 441.09.01 Actual Measurement, the following applies: I
• For measurement purposes, a count shall be made of all bends, tees, crosses, reducers,
hydrant extensions, end caps, etc. regardless of the type and size I
BASIS OF PAYMENT
The unit price bid for each item shall include all costs incurred in excavating for, placing,
restraining, connecting and testing all watermain and fittings, as outlined in OPSS.MUNI 441, and
restoration outside general grading operations. ,
ITEM NO. 18
EROSION CONTROL (PROVISIONAL)
For the unit price bid for erosion control, the Contractor shall supply all labour, equipment and ,
material to provide the erosion control required for this project as shown on the drawings and as
specified in accordance with OPSS 805 Construction Specification for Temporary Erosion and
Sediment Control Measures, and to the limits established by the Contract Administrator at the time
of construction. The locations and limits for erosion control measures shall be discussed at
the pre-construction meeting and locations may be added as required during construction to
mitigate the movement of silt and sediment outside of the construction zone. The Contractor shall
ensure that all watercourses are protected from silt and sediment releases related to the
construction of this project.
Payment shall be as follows:
(a) 50% for initial installation 1
(b) 30% for maintenance
(c) 20% for removal
Straw Bale/Fibre Roll Check Dams
For the unit price bid, the Contractor shall supply, install, maintain and remove straw bale and/or ,
fibre roll check dams as per OPSD 219.180 and 219.191 in ditch bottoms at culvert inlet locations
and at locations identified by the Contract Administrator at the time of construction. The check
dams shall be installed to prevent silt and sediment from entering existing culverts and drains.
Payment shall be by the lineal metre of installed check dam, as measured by the Contract
Administrator. i
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Silt Fence
IFor the unit price bid, the Contractor shall supply, install, maintain and remove heavy duty wire-
backed silt fence (OPSD 219.131) at the locations identified on the drawings and at locations
identified by the Contract Administrator at the time of construction.
ITEM NO. 19
ITRAFFIC CONTROL AND PEDESTRIAN SAFETY
For the lump sum price bid, the Contractor shall include the cost of traffic control and pedestrian
I safety as specified below and in accordance with OPSS.MUNI 706 and in accordance with the
Ministry of Labour, through the Occupational Health and Safety Act (OHSA) and Regulations for
Construction Projects, R.S.O. 1990 and R.R.O. 213/91 as amended by 631/94 and 145/00, and as
Iamended from time to time thereafter.
The Contractor shall prepare and submit a Temporary Conditions Control Plan, that is in
I conformance with the Ontario Traffic Manual (OTM) Book 7- Temporary Conditions (latest
edition), to the Contract Administrator at the pre-construction meeting. The Temporary
Conditions Control Plan shall reference the OTM Typical Layout used as a basis for the
I submission.
General
I
In addition to the requirements for Contractors to control traffic and provide signage, in
accordance with the Ontario Traffic Manual Book 7 - Temporary Conditions (latest edition), the
following conditions will apply:
I • At all times of construction, a minimum of two lanes for traffic shall be open and maintained
using appropriate traffic control measures, signage and work zone delineation as per the
Iapplicable Book 7 typical layout.
• At the end of each working day, two lane traffic, controlled by barricades, delineators, etc.,
shall be maintained. Entrances to commercial establishments shall be maintained.
I • Pedestrian Safety Considerations as per 2.6.2 of Ontario Traffic Manual Book 7.
I The Contractor shall make every effort to limit construction operations to the area west of the
existing west lane. If in the opinion of the Contract Administrator, construction operations require
an encroachment into the existing west lane, the Contractor shall provide for two lanes of traffic
Iby utilizing the east shoulder as required.
Restrictions on Construction Operations
IConstruction operations adversely affecting public traffic and the loading or unloading of
materials and construction equipment onto and from the travelled portion of the road shall not be
Icarried out during the following periods:
• 4:00 p.m. Friday to 7:00 a.m. Monday, for normal weekends
1 • All Canadian statutory holidays.
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Designated Construction Zone
The Contractor shall note that the Road Authority (The County of Bruce) shall establish I
designated construction zones to encompass the extents of the Contractor's operations, complete
with a change in regulatory speed limit to 60 km/h. The Contractor shall communicate with the I
Road Authority's representative and co-ordinate the establishment and required limits of the
designated zones.
Bruce County Contact: I
Jim Donohoe
Engineering Manager—Transportation and Environmental Services I
519-881-2400
The Contractor shall supply, install and maintain all signage for the designated construction zones
as per OTM Book 7 Typical Layout TL-3. All costs associated with relocating and re-installing
signage for a new construction zone shall be included in the lump sum bid. I
The Contractor is responsible for all costs of co-ordinating with the road authority (County of
Bruce) for the setting up of designated construction zones and providing traffic control in I
accordance with OTM Book 7 as denoted above and as per Contract Special Provisions. Bidders
shall assume that fees for permits issued by the County of Bruce shall be waived, or paid for by
the Municipality of Kincardine. I
Basis of Payment for Traffic Control and Pedestrian Safety
Payment for this item shall be as follows: I
(a) 30% for the submission of a Traffic Control Plan and initial installation. I
(b) 60% for maintenance and continual implementation of the Traffic Control Plan including, but
not limited to, signage, flag persons, barricades, fencing etc. This portion of the lump sum bid
shall be paid in proportion to the permanent work completed. I
(c) 10% for removal of signs, barricades, fencing etc.
ITEM NO. 20 1
SUPPLY AND INSTALL TRAIL SIGNAGE
For the unit price bid per each, the Contractor shall supply all labour, equipment and materials
required for the supply and installation of the ground mounted signs and signposts. I
Sign locations shall be as indicated on the drawings or as identified by the Contract Administrator
at the time of construction. I
Sign blank material shall be galvanized steel.
Mounting height shall be such that the bottom of the lowest sign is 1.5m above finished grade. 1
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ITEM NO. 21
BONDING AND INSURANCE
For the lump sum price bid, the Contractor shall provide indemnification, insurance and bonding
' for the contract as specified in the OPSS.MUNI 100 General Conditions, the Supplemental
General Conditions and as noted below. The bonds and insurance shall be supplied by the
Contractor to the Contract Administrator upon the return of the signed Contracts.
111 For this contract the indemnification period shall expire at 6 years from the date of certification of
Final Acceptance.
( GC 6.02 — Indemnification
In addition to the Owner and the Contract Administrator, GC 6.02.01 shall be amended with the
' inclusion of the following to be indemnified and held harmless by the Contractor:
• Her Majesty the Queen in right of Ontario and Canada and respective ministers, servants,
and appointees.
' • County of Bruce
GC 6.03 —Contractor's Insurance
' As per GC 6.03.01.01, the requirement for the following additional insurance coverages are as
follows:
•GC 6.03.04—Aircraft and Watercraft Liability Insurance—Not applicable
' •GC 6.03.05 —Property and Boiler Insurance—Not applicable
•GC 6.03.06—Contractor's Equipment Insurance - Applicable
GC 6.03.02—Commercial General Liability Insurance
In addition to the Owner and the Contract Administrator, GC 6.03.02.01 shall be amended with
the inclusion of the following as additional insureds:
' • Her Majesty the Queen in right of Ontario and Canada and respective ministers, servants,
and appointees.
' • County of Bruce
GC 6.04 Bonding
' As per GC 6.04.01, the Contractor shall provide the Owner with the following surety bonds in the
amounts noted:
Labour and Material Bond
The Contractor shall furnish a Labour and Material Payment Bond using Form 31 of Ontario
Regulation 303/18 of the Construction Act that extends or guarantees payment protections to
' Subcontractors and persons supplying labour and material to the Contract for the amount of one
hundred percent (100%) of the tender.
' Performance Bond
The Contractor shall furnish a Performance Bond using Form 32 of Ontario Regulation 303/18 of
the Construction Act that is conditioned on the due performance of the terms of the Contract for
the amount of one hundred percent(100%) of the tender.
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1
Ontario Regulation 303/18 Forms 31 and 32 can be found at:
http://ontariocourtfoims.on.cai en/construction-lien-act-fo?psis
Payment under this item will be made with the first payment certificate.
ITEM NO. 22
CONTINGENCIES
A lump sum allowance has been made for contingencies in the contract. Only those additional
items approved in writing on behalf of the Owner, by the Contract Administrator, will be
expended from this allowance.
ITEM NO. 23
LUMP SUM FOR OTHER REQUIREMENTS
For the lump sum price bid, the Contractor shall enter an amount for additional labour, equipment '
or material required to complete the contract but not specifically covered by or related to the other
items in the Schedule of Items and Prices. '
The lump sum 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.
This item shall also include attendance by a representative of the Contractor at a 2 hour ,
public information evening meeting (Monday to Thursday) that will be held either virtually
or in-person prior to commencing with any construction activities.
Each progress payment certificate will include a percentage of the tender price for this item in
proportion to the percentage of the permanent works completed.
The submission bya tenderer of an unbalanced price for this item renders the tender liable to
disqualification.
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ISUPPLEMENTAL GENERAL CONDITIONS
ITable of Contents
GC 1.04 Definition 1
GC 2.01 Reliance on Contract Documents 4
I GC 2.02 Order of Precedence 4
GC 3.02 Working Drawings 4
GC 3.05 Layout Information 5
I GC 3.06 Extension of Contract Time 5
GC 3.07 Delays 5
GC 4.02 Approvals and Permits 6
I GC 6.01 Protection of Work, Persons and Property 6
GC 6.03.02 Commercial General Liability Insurance 6
GC 6.03.07 Insurance Requirements and Duration 6
I GC 7.02 Monuments and Layout 6
GC 7.10 Contractor's Right to Stop the Work or Terminate the Contract 7
GC 7.18 Drainage 7
I GC 8.02.03 GC 8.02.04.04 Advance Payments for Materials 7
Substantial Performance of Work 7
GC 8.02.04.05 Substantial Performance Payment and Substantial Performance Statutory
I
Holdback Release Payment 7
GC 8.02.04.07 Completion Payment and Completion Statutory Holdback Release Payment
Certificates 8
IGC 8.02.05.07 Payment for Hand Tools 8
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Z:\14241-Kincardine-Trail_Bruce_Rd_23\WP\Contract-Retender\Supplemental GC's 20Nov25-fixed.docx
Page 1
GC SECTION SUPPLEMENTAL CO
NDITION
GC 1.04 GC 1.04.01, Definitions, shall be amended with the inclusion of the
DEFINITION following definitions:
Acceptable Disinfectant Concentration means:
a) a disinfectant concentration of at least 0.2 mg/L free chlorine residual in a
chlorinated system or 1.0 mg/L combined chlorine residual in a
chloraminated system; or, if these disinfectant concentrations cannot be
achieved,
b) a disinfectant concentration that is representative of the residual in the
area, determined by testing upstream and downstream from the testing
location or by using documented benchmarks for the area, as long as free
chlorine concentrations are at least 0.05 mg/L in a chlorinated system and
combined chlorine concentrations are at least 0.25 mg/L in a chloraminated
system.
Air Gap means a space at the location of the maintenance/repair between
the exterior surface of the watermain and the interior surfaces of the
excavation, including the water in the excavation, sufficient to prevent water,
soil or any other Contaminant in the excavation from contacting the
watermain, fittings, or Appurtenances throughout the maintenance/repair
process.
Appurtenance means an appurtenance, within the meaning of O. Reg.
170/03, which is in contact with the Drinking Water.
Backflow Prevention means the prevention of a reversal of normal flow that '
could introduce Contamination to the Drinking Water System.
Certified Operator means certified operator within the meaning of O. Reg. '
170/03.
Completion means contract completion as set out in the Construction Act.: '
For the purposes of this Act, a contract shall be deemed to be completed and
services or materials shall be deemed to be last supplied to the improvement
when the price of completion, correction of a known defect or last supply is
not more than the lesser of,
(a) 1 per cent of the contract price; and
(b) $5,000. R.S.O. 1990, c. C.30, s. 2 (3); 2017, c. 24, s. 4 (5, 6)
Connection means all watermain and appurtenances installed between an
existing watermain and a new or future watermain/appurtenance.
Construction Trade Newspaper, as per Ontario Regulation 304/18, as '
made under the Construction Act, means a newspaper,
(a) that is published either in paper format with circulation generally
throughout Ontario or in electronic format in Ontario,
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(b) that is published at least daily on all days other than Saturdays and
holidays,
' (c) in which calls for tender on construction contracts are customarily
published, and
(d) that is primarily devoted to the publication of matters of concern to the
' construction industry.
Contaminant means foreign matter that is not intended to enter a
' watermain.
Contamination means the introduction of a contaminant into a watermain.
Directly Supervised means directly supervised within the meaning of
Section 5.1.1 of the Certification Guide for Operators and Water Quality
Analysts of Drinking Water Systems, as amended, but it does not expressly
refer to the definition of supervisor under the Occupational Health and
Safety Act.
' Drinking Water means drinking water within the meaning of the Safe
Drinking Water Act.
' Drinking Water Health Hazard means drinking water health hazard within
the meaning of the Safe Drinking Water Act.
' Drinking Water System means drinking water system within the meaning
of the Safe Drinking Water Act.
' Flushing means flowing water through a section of watermain/
appurtenances and out of the system until the water appears visibly free from
discoloration and particulates with an acceptable disinfectant concentration.
This definition does not include recharging a watermain.
' Force Majeure means an event or a cause beyond the reasonable control of a
Party including, but not limited to, an Act of God, or of a Public Enemy, Acts
' of the Province or of any Foreign State, war,blockades, and civil commotions,
Abnormal Weather, fire, disease, epidemic,pandemic, quarantine restrictions,
embargoes or delays of Sub-Contractors due to such causes.
' Higher Velocity Flushing means flushing of a watermain with sufficient
velocity to discharge settled materials.
' Isolate means operate valves to ensure that there is no flow of water to or
from a specific section of watermain.
' Microbiological Samples means water samples taken and tested for
Escherichia coli and Total Coliforms by a licensed and accredited laboratory.
Ministry means the Ministry of the Environment, Conservation and Parks.
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1
Operator-in-Charge means an operator-in-charge within the meaning of
O. Reg. 128/04. 111
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.
Service Pipe means a service pipe within the meaning of O. Reg. 170/03.
Shop Drawings means any Drawings or Plans prepared by the Contractor 1
for components that will form a permanent part of the Work and may,
without limiting the generality thereof, include mechanical and electrical
equipment or components permanently embedded in the work.
Statutory Holdback means the holdbacks required under the Construction
Act in the form of funds. A letter of credit, a demand-worded repayment
bond or any other form are not acceptable forms of holdback.
Substantial Performance has the meaning as set out in the Construction 1
Act, R.S.O. 1990, c. C.30.
For the purposes of this Act, a contract is substantially performed, '
(a) when the improvement to be made under that contract or a substantial
part thereof is ready for use or is being used for the purposes intended; and
(b) when the improvement to be made under that contract is capable of
completion or, where there is a known defect, correction, at a cost of not
more than,
(i) 3 per cent of the first $1,000,000 of the contract price,
(ii) 2 per cent of the next $1,000,000 of the contract price, and
(iii) 1 per cent of the balance of the contract price. R.S.O. 1990,
c. C.30, s. 2 (1); 2017, c. 24, s. 4 (1, 2).
(2) For the purposes of this Act, where the improvement or a substantial part
thereof is ready for use or is being used for the purposes intended and the
owner and the contractor agree not to complete the improvement
expeditiously, the price of the services or materials remaining to be supplied
and required to complete the improvement shall be deducted from the
contract price in determining substantial performance. R.S.O. 1990, c. C.30,
s. 2 (2); 2017, c. 24, s. 4 (3), 66. ,
Water Advisory means a boil or drinking water advisory for the area being
serviced by the affected watermains declared by the local Medical Officer of
Health.
Water Quality Analyst means a water quality analyst within the meaning of
O. Reg. 128/04.
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Working Drawings or Working Plans means any Drawings or Plans
prepared by the Contractor for the execution of the Work and may, without
limiting the generality thereof, include formwork, falsework, and shoring
plans; Roadway protection plans; or erection diagrams.
GC 2.01 GC 2.01.01 a) shall be amended as follows:
RELIANCE ON
' CONTRACT DOCUMENTS 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.
GC 2.01.02 a) shall be amended as follows:
a) 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. Bidders shall acknowledge that any geotechnical
report shall not form part of the contract or agreement.
' GC 2.02 GC 2.02 shall be amended such that documents shall take precedence and
ORDER OF govern in the following order:
PRECEDENCE
a) Agreement
b) Addenda
c) Special Provisions
d) Contract Drawings
e) Information to Bidders
' f) Standard Specifications
g) Standard Drawings
h) Tender
i) Supplemental General Conditions
j) OPSS.MUNI 100 General Conditions of Contract
' k) Working Drawings and Shop Drawings
GC 3.02 WORKING GC 3.02.01, GC 3.02.02, GC 3.02.03, GC 3.02.04, GC 3.02.05, and GC
' DRAWINGS 3.02.07 shall also apply to Shop Drawings.
GC 3.02.06 shall be amended as follows:
.06 Work related to the Working Drawings shall not proceed until the
Contract Administrator's comments are issued to the Contractor. Work
related to the Shop Drawings shall not proceed until the Shop Drawings have
been signed and dated by the Contract Administrator and marked with,
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"Reviewed" or"Reviewed as Modified", "Revise and Re-Submit" or"Not
Reviewed".
GC 3.05 GC 3.05 02 shall be amended as follows:
LAYOUT
INFORMATION .02 The Contract Administrator shall provide pre and post construction
inventories of all known Monuments, etc. that are located within the
Working Area.
GC 3.06 GC 3.06.01 shall be amended to read:
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, with a copy to the
Owner, within five (5) business days of the Contractor becoming aware of
the need for such extension 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.
GC 3.07 GC 3.07.01 shall be deleted and replaced with the following:
DELAYS
.01 If the Contract is delayed in the performance of the Work by,
a) errors in the Contract Documents;
b) an act or omission of the Owner or Contract Administrator, or
anyone employed or engaged by them directly, 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 section GC 7.09,
Suspension of Work; or
e) 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. An Extension of
Contract Time may be granted in accordance with subsection GC 3.06,
Extension of Contract Time. Notwithstanding the above noted list, anything
that falls within the above-noted list does not fall within the definition of
Force Majeure in Section 1.04.01, as amended by the Supplemental General
Conditions.
GC 3.07.03 shall be deleted and replaced with the following:
.03 In no case shall an extension of Contract Time, if granted, 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 and save and except for those delays
listed in Section 3.07.01, as amended by the Supplemental General
Conditions, in no other circumstance shall the Owner be responsible to the
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IContractor for payment for costs or damages incurred as a result of delays
resulting in an Extension of the Contract Time.
' GC 4.02 GC 4.02.01 shall be amended as follows:
APPROVALS AND
I PERMITS .01 The Contractor shall be responsible for obtaining and paying for all
plumbing and building permits.
I GC 6.01 GC 6.01.04 shall be deleted and replaced with:
PROTECTION OF
WORK, PERSONS .04 The Contractor shall not be responsible for loss and damage that
I AND PROPERTY occurs as a result of errors in the Contract documents or acts or omissions of
the Owner, the Contractor Administrator, their agents and employees, or
others not directly or indirectly under the control of the Contractor, but
Iwithin the Working Area with the Owner's permission.
GC 6.03.02 GC 6.03.02.01 shall be amended as follows:
I COMMERCIAL
GENERAL .01 General liability insurance and completed operations coverage shall both
LIABILITY be in the name of the Contractor, with the Owner and the Contract
I INSURANCE Administrator named as additional insureds, both with the limits of not less
than five million dollars inclusive per occurrence for bodily injury, death,
and damage to property including loss of use thereof The insurance shall be
1 provided in a form acceptable to the Owner.
GC 6.03.07 GC 6.03.07.01 shall be amended as follows:
I INSURANCE
REQUIREMENTS .01 Each insurance policy as noted in the Contract Documents, excluding
AND DURATION completed operations coverage, shall be in effect from the date of Contract
I signing 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 GC 7.02 GC 7.02.07 shall be amended as follows:
MONUMENTS AND
LAYOUT .07 The Contract Administrator shall provide qualified personnel to lay out
I the following once:
• Offset stakes for road centreline alignment
• Offset stakes for storm sewer structures and sanitary sewer structures
I
• Final curb grade and alignment
• Alignment for bridge foundations
I Subsequent layout, for the same item,will be at the Contractor's
expense.
I One week advance notice is required by the Contract Administrator to
schedule the construction layout.
I The Contractor shall provide qualified personnel to lay out all other lines and
grades necessary for construction. The Contractor shall notify the Contract
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of anylayout work carried out, so that the same may
Administrator y be
checked by the Contract Administrator.
GC 7.10 GC 7.10.02 shall be amended as follows:
CONTRACTOR'S
RIGHT TO STOP .02 If the Work is stopped or otherwise delayed for a period of 60 Days or
THE WORK OR more under an order of a court or other public authority which falls within
TERMINATE THE Section GC 3.07.01(c), as amended in the Supplemental General Conditions,
CONTRACT the Contractor may, without prejudice to any other right or remedy the
Contractor may have, by giving the Owner written notice, terminate the
Contract.
GC 7.18 GC 7.18.01 shall be amended as follows:
DRAINAGE
.01 During construction and until the Work is completed, the Contractor
shall make 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.
The Contractor 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.
GC 8.02.03 GC 8.02.03.01, the first sentence of paragraph GC 8.02.03.01 shall be
ADVANCE amended as follows:
PAYMENTS FOR
MATERIALS .01 The Owner may 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:
GC 8.02.04.04 GC 8.02.04.04.04, shall be amended as follows:
SUBSTANTIAL
PERFORMACE OF .04 Upon receipt of a copy of the Certificate of Substantial Performance, the
WORK Contractor shall forthwith, as required by Section 32(1) Paragraph 5 of the
Construction Act, as amended, publish a copy of the certificate in a
construction trade newspaper.
GC 8.02.04.05 GC 8.02.04.05.03, shall be amended as follows:
SUBSTANTIAL
PERFORMANCE .03 The Substantial Performance Statutory Holdback Release Payment
PAYMENT AND Certificate shall be a payment certificate releasing to the Contractor the
SUBSTANTIAL Statutory Holdback due in respect of Work performed up to the date of
PERFORMANCE Substantial Performance. Payment of such Statutory Holdback shall be due
STATUTORY 61 Days after the date of publication of the Certificate of Substantial
HOLDBACK Performance but subject to the provisions of the Construction Act and the
RELEASE submission by the Contractor of the following documents:
PAYMENT a) a satisfactory Certificate of Clearance from the Workplace Safety and
CERTIFICATES Insurance Board;
b) proof of publication of the Certificate of Substantial Performance; '
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c) Three copies of an original signed and sealed release, on the form
provided, or in a form satisfactory to the Contract Administrator, by
the Contractor releasing the Owner from all further claims related to
the Contract qualified by stated exceptions such as outstanding work
or matter arising out of subsection GC 3.13 Claims, Negotiations,
' Mediation; and
d) Three copies of an original signed and notarized statutory declaration
on the form provided, or in a form satisfactory to the Contract
' Administrator, by the Contractor indicating that all liabilities incurred
by the Contractor and the Subcontractors in carrying out the Contract
have been discharged except for the statutory holdbacks properly
retained and guaranteed maintenance holdback properly retained.
GC 8.02.04.07 GC 8.02.04.07.02, shall be amended as follows:
' COMPLETION
PAYMENT AND .02 The Completion Statutory Holdback Release Payment Certificate shall
COMPLETION be a payment certificate releasing to the Contractor the further Statutory
' STATUTORY Holdback. Subject to any outstanding liens and permissible set-offs and
HOLDBACK upon submission of the following:
RELEASE
PAYMENT a) Three copies of an original signed and sealed release, on the
CERTIFICATES document provided, or in a form satisfactory to the Contract
Administrator, by the Contractor releasing the Owner from all further
claims related to the Contract qualified by stated exceptions such as
outstanding work or matters arising out of subsection GC 3.13
Claims, Negotiations, Mediation;
b) Three copies of an original signed and notarized statutory
declaration, on the form provided, or in a form satisfactory to the
Contract Administrator, by the Contractor indicating that all
' liabilities incurred by the Contractor and the Subcontractors in
carrying out the Contract have been discharged except for the
statutory holdbacks properly retained and Guaranteed Maintenance
Holdback properly retained; and
c) A satisfactory Certificate of Clearance from the Workplace Safety
' and Insurance Board,
the Owner shall pay the remaining statutory holdback on the Work done,
' within 28 Days after the expiration of the 60-Day lien period.
GC 8.02.05.07 GC 8.02.05.07.01 shall be amended as follows:
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 including pick-up trucks and service vans.
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- Ontario Provincial Standards OPSS.MUNI 100
for November 2019
.:. y - Roads and Public Works
I
IOPSS MUNI GENERAL CONDITIONS OF CONTRACT
Table of Contents
ISECTION GC 1.0-INTERPRETATION
IGC 1.01 Captions 7
GC 1.02 Abbreviations 7
IGC 1.03 Gender and Singular References 7
GC 1.04 Definitions 8
IGC 1.05 Ontario Traffic Manual 13
GC 1.06 Final Acceptance 13
IGC 1.07 Interpretation of Certain Words 13
ISECTION GC 2.0-CONTRACT DOCUMENTS
GC 2.01 Reliance on Contract Documents 14
IGC 2.02 Order of Precedence 14
I SECTION GC 3.0 -ADMINISTRATION OF THE CONTRACT
GC 3.01 Contract Administrator's Authority 16
IGC 3.02 Working Drawings 17
GC 3.03 Right of the Contract Administrator to Modify Methods and Equipment 18
IGC 3.04 Emergency Situations 18
GC 3.05 Layout Information 18
I
GC 3.06 • Extension of Contract Time 18
GC 3.07 Delays 19
IGC 3.08 Assignment of Contract 20
GC 3.09 Subcontracting by the Contractor 20
IGC 3.10 Changes 20
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November 2019 Page 1 of 59 OPSS.MUNI 100
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GC 3.10.01 Changes in the Work 20
GC 3.10.02 Extra Work 21
GC 3.10.03 Additional Work 21 1
GC 3.11 Notices 21
GC 3.12 Use and Occupancy of the Work Prior to Substantial Performance 22 1
GC 3.13 Claims, Negotiations, Mediation 22
GC 3.13.01 Continuance of the Work 22 I
GC 3.13.02 Record Keeping 22
GC 3.13.03 Claims Procedure 22 I
GC 3.13.04 Negotiations 23
GC 3.13.05 Mediation 23
GC 3.13.06 Payment 23
GC 3.13.07 Rights of Both Parties 24
GC 3.14 Arbitration 24 1
GC 3.14.01 Conditions for Arbitration 24
GC 3.14.02 Arbitration Procedure 24 1
GC 3.14.03 Appointment of Arbitrator 24
GC 3.14.04 Costs 25 1
GC 3.14.05 The Decision 25
GC 3.15 Archaeological Finds 25
SECTION GC 4.0-OWNER'S RESPONSIBILITIES AND RIGHTS I
GC 4.01 Working Area 26
GC 4.02 Approvals and Permits 26 I
GC 4.03 Management and Disposition of Materials 26
GC 4.04 Construction Affecting Railway Property 27 1
GC 4.05 Default by the Contractor 27
GC 4.06 Contractor's Right to Correct a Default 27 I
GC 4.07 Owner's Right to Correct a Default 28
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IGC 4.08 Termination of Contractor's Right to Continue the Work 28
GC 4.09 Final Payment to Contractor 29
IGC 4.10 Termination of the Contract 29
GC 4.11 Continuation of Contractor's Obligations 29
IGC 4.12 Use of Performance Bond 29
GC 4.13 Payment Adjustment 29
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SECTION GC 5.0-MATERIAL
IGC 5.01 Supply of Material 30
GC 5.02 Quality of Material 30
IGC 5.03 Rejected Material 30
GC 5.04 Substitutions 31
IGC 5.05 Owner Supplied Material 31
GC 5.05.01 Ordering of Excess Material 31
IGC 5.05.02 Care of Material 31
ISECTION GC 6.0 -INSURANCE, PROTECTION AND DAMAGE
GC 6.01 Protection of Work, Persons, and Property 33
IGC 6.02 Indemnification 33
GC 6.03 Contractor's Insurance 34
IGC 6.03.01 General 34
I GC 6.03.02 Commercial General Liability Insurance 34
GC 6.03.03 Automobile Liability Insurance 35
GC 6.03.04 Aircraft and Watercraft Liability Insurance 35
I GC 6.03.04.01 Aircraft Liability Insurance 35
GC 6.03.04.02 Watercraft Liability Insurance 35
I GC 6.03.05 Property and Boiler Insurance 35
GC 6.03.05.01 Property Insurance 35
GC 6.03.05.02 Boiler Insurance 35
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GC 6.03.05.03 Use and Occupancy of the Work Prior to Completion 36
GC 6.03.05.04 Payment for Loss or Damage 36
GC 6.03.06 Contractor's Equipment Insurance 36
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GCG.O3.O7 Insurance Requirements and Duration 37
GC6.O4 Bonding 37
GCS.0S Workplace Safety and Insurance Board 37
SECTION 8C7.D'CONTRACTOR'S RESPONSIBILITIES AND CONTROL OF THE WORK
GC7U1 General 38
GC 7.01.01 Site Visit . . 38 0�
GC7.U1.82 Commencement of Work 38
GC7O1 03 Control and Responsibility 38 0�
GC7.O1.U4 Compliance with the Occupational Health and safety Act 38
GC 7.01 U5 Contractor's Representatives 39
GC 7 O1.OG Assistance tuthe Contract Administrator 40
E;C7O1.07 Schedule 40
GC 7 01.08 Errors and |noonoiobanniaa as Relating to the Contract 40
GC7.U1.O0 Utilities 40 ~~
GC7.82 Monuments and Layout 41
GC7.O3 Working Area 42
GC7O4 Damage by Vehicles or Other Equipment 42
8C7.O5 Excess Loading of Motor Vehicles 42
(3C7OG Maintaining Roadways and Detours 42
GC 7.07 Access to Properties Adjoining the Work and Interruption of Utility Services 43
GC7.08 Approvals and Permits 44
GC7OS Suspension ufWork 44
GC 7.10 Contractor's Right to Stop the Work or Terminate the Contract 44
GC711 Notices by the Contractor 45
GC7.12 Environmental Incident Management 45 ~�
GC7.13 Obstructions 46
GC714 Limitations ofOperations 46
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GC 7.15 Cleaning Up Before Acceptance 46
IGC 7.16 Warranty 46
GC 7.17 Contractor's Workers 47
IGC 7.18 Drainage 47
ISECTION GC 8.0-MEASUREMENT AND PAYMENT
GC 8.01 Measurement 48
I GC 8.01.01 GC 8.01.02 Quantities 48
Variations in Tender Quantities 48
GC 8.02 Payment 49
GC 8.02.01 Non-Resident Contractor 49
IGC 8.02.02 Price for Work 49
GC 8.02.03 Advance Payments for Material 49
I GC 8.02.04 Certification and Payment 50
GC 8.02.04.01 Progress Payment 50
GC 8.02.04.02 Certification of Subcontract Completion 50
GC 8.02.04.03 Subcontract Statutory Holdback Release Certificate and Payment 51
I GC 8.02.04.04 Certification of Substantial Performance 51
GC 8.02.04.05 Substantial Performance Payment and Substantial Performance Statutory
Holdback Release Payment Certificates 52
I GC 8.02.04.06 Certification of Completion 52
GC 8.02.04.07 Completion Payment and Completion Statutory Holdback Release
Payment Certificates 52
GC 8.02.04.08 Interest 53
I GC 8.02.04.09 Interest for Late Payment 53
GC 8.02.04.10 Interest for Negotiations and Claims 53
GC 8.02.04.11 Owner's Set-Off 54
GC 8.02.04.12 Delay in Payment 54
IGC 8.02.05 Payment on a Time and Material Basis 54
GC 8.02.05.01 Definitions 54
GC 8.02.05.02 Daily Work Records 55
GC 8.02.05.03 Payment for Work 55
GC 8.02.05.04 Payment for Labour 55
GC 8.02.05.05 Payment for Material 56
I GC 8.02.05.06 Pa jment for Equipment 56
GC 8.02.05.06.01 Working Time 56
GC 8.02.05.06.02 Standby Time 56
GC 8.02.05.07 Payment for Hand Tools 57
GC 8.02.05.08 Payment for Work by Subcontractors 57
GC 8.02.05.09 Submission of Invoices 57
GC 8.02.05.10 Payment Other Than on a Time and Material Basis 57
GC 8.02.05.11 Payment Inclusions 58
GC 8.02.06 Final Acceptance Certificate 58
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GC 8.02.07 Records 58
GC 8.02.08 Taxes 58
GC 8.02.09 Liquidated Damages 59 1
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SECTION GC 1.0-INTERPRETATION
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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.
1 GC 1.02 Abbreviations
.01 The abbreviations on the left below are commonly found in the Contract Documents and represent
Ithe organizations and phrases listed on the right:
"AASHTO" - American Association of State Highway Transportation Officials
"ACI" - American Concrete Institute
I "ANSI" American National Standards Institute
"ASTM" - ASTM International
"AWG" - American Wire Gauge
"AWWA" - American Water Works Association
"CCIL" Canadian Council of Independent Laboratories
"CGSB" - Canadian General Standards Board
"CSA" - CSA Group-formerly Canadian Standards Association
I "CWB" - Canadian Welding Bureau
"GC" - General Conditions
"ISO" - International Organization for Standardization
"MECP" - Ontario Ministry of the Environment, Conservation and Parks
I "MTO" - Ontario Ministry of Transportation
"MUTCD" Manual of Uniform Traffic Control Devices, published by MTO
"OHSA" - Ontario Occupational Health and Safety Act
I "OLS" - Ontario Land Surveyor
"OPS" - Ontario Provincial Standard
"OPSD" - Ontario Provincial Standard Drawing
"OPSS" - Ontario Provincial Standard Specification
I "OTM" - Ontario Traffic Manual
"PEO" - Professional Engineers Ontario
"SAE" - SAE International
"SCC" - Standards Council of Canada
"SSPC" - The Society for Protective Coatings
"UL" - Underwriters Laboratories
"ULC" - Underwriters Laboratories Canada
I "WHMIS" - Workplace Hazardous Materials Information System
"WSIB" Workplace Safety& Insurance Board
GC 1.03 Gender and Singular References
1 .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.
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GC 1.04 Definitions
.01 For the purposes of the Contract Documents the following definitions shall apply:
Abnormal Weather means an extreme climatic condition characterized by wind speed, air temperature,
precipitation, or snow fall depth, that is less than or greater than 1-1/2 standard deviations from the mean
determined from the weather records of the 25-year period immediately preceding the tender opening
date.
Actual Measurement means the field measurement of that quantity within the approved limits of the 111
Work.
Addenda means any additions or change in the Tender documents issued by the Owner prior to Tender
closing.
Additional Work means work not provided for in the Contract Documents 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,
driving surface, finished grade, 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 8.02.04.02, 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 establishing the basis for payment and the time allowed for the adjustment of
the Contract Time.
Completion means contract completion as set out in the Construction Act.
Completion Certificate means the certificate issued by the Contract Administrator at Completion.
Completion Payment means the payment described more particularly in clause GC 8.02.04.07.
Construction Act means as set out in the Construction Act, R.S.O. 1990, c. C.30, as amended.
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Constructor means, for the purposes of, and within the meaning of the Occupational Health and Safety
Act, R.S.O. 1990, c.O.1, as amended and amendments thereto, the Contractor who executes the
Contract.
Contract means the undertaking by the Owner and the Contractor to perform their respective duties,
responsibilities, and obligations as prescribed in the Contract Documents.
Contract Administrator means the person, partnership, or corporation designated by the Owner to be
the Owner's representative for the purposes of the Contract.
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 list, Quantity Sheets, and cross-sections.
Contract Time means the time stipulated in the Contract Documents for Substantial Performance or
Completion of the Work, including any extension of time made pursuant to the Contract Documents.
Contractor means the person, partnership, or corporation undertaking the Work as identified in the
Agreement.
Control Monument means any horizontal or vertical (benchmark) monument that is used to lay out the
Work.
Controlling Operation means any component of the Work that, if delayed, may delay the completion of
the Work.
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.
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.
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.
Engineer means a professional engineer licenced by the Professional Engineers of Ontario to practice in
' the Province of Ontario.
Equipment means all machinery and equipment used for preparing, fabricating, conveying or erecting
the Work and normally referred to as construction machinery and equipment.
Estimate means a calculation of the quantity or cost of the Work or part of it depending on the context.
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Extra Work means work not provided for in the Contract as awarded but considered by the Contract
Administrator to be essential to the satisfactory completion of the Contract within its intended scope,
including unanticipated Work required to comply with legislation and regulations that affect the Work.
Final Acceptance means the date on which the Contract Administrator determines that the Work has
passed all inspection and testing requirements and the Contract Administrator is satisfied that the
Contractor has rectified all imperfect Work and has discharged all of the Contractor's obligations under
the Contract Documents.
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. I
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 which is intended for or used by the general
public for the passage of vehicles and includes the area between the lateral property lines thereof.
Inclement Weather means weather conditions or conditions resulting directly from weather conditions
that prevent the Contractor from proceeding with a Controlling Operation.
Lot means a specific quantity of Material or a specific amount of construction normally from a single i
source and produced by the same process.
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 based on its actual or estimated tender
quantity, whichever is the larger, multiplied by its tender unit price, which is equal to or greater than the
lesser of,
a) $100,000, or I
b) 5% of the total tender value calculated based on 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.
Monument means either a Property Monument or a Control Monument. ,
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.
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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.
1 Proper Invoice has the meaning as set out in the Construction Act.
Property Monument means any property bar, concrete pillar, rock post, cut cross or other object that
marks the boundary between real property ownership.
Quality Assurance (QA) means a system or series of activities carried out by the Owner to ensure that
Work meets the specified requirements.
Quality Control (QC) means a system or series of activities carried out by the Contractor, Subcontractor,
supplier, and manufacturer to ensure that Work meets the specified requirements.
1 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 prejudgment interest rate determined under subsection 127(2) of the Courts
of Justice Act or, if the contract or subcontract specifies a different interest rate for the purpose, the
greater of the prejudgment interest rate and the interest rate specified in the contract or subcontract.
Records mean any books, payrolls, accounts, or other information that relate to the Work or any Change
in the Work, Extra Work, Additional Work or claims arising therefrom.
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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.
Statutory Holdback means the holdbacks required under the Construction Act.
Subbase means a layer of Material of specified type and thickness between the Subgrade and the Base.
Subcontractor means a person, partnership or corporation undertaking the execution of a part of the
Work by virtue of an agreement with the Contractor.
Subgrade means the earth or rock surface, whether in cut or fill, as prepared to support the pavement
structure, consisting of Base, Subbase, and Pavement.
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Substantial Performance has the meaning as set out in the Construction Act, R.S.O. 1990, c. C.30, as
amended.
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. 1
Superintendent means the Contractor's authorized representative in charge of the Work and who shall
be a "competent person" within the meaning of the definition contained in the Occupational Health and
Safety Act, R.S.O. 1990, c. 0.1, as amended.
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 8.02.05, Payment on a Time and
Material Basis.
Utility means an aboveground or underground facility maintained by a municipality, public utility authority '
or regulated authority and includes services such as sanitary sewer, storm sewer, water, electric, gas, oil,
steam, data transmission, telephone, and cable television.
Warranty Period means the applicable time period according to clause GC 7.16.02, Warranty.
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, 1
a) except Saturdays, Sundays and statutory holidays;
b) except a Day as determined by the Contract Administrator, on which the Contractor is prevented by 111
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.
Working Drawings or Working Plans means any Drawings or Plans prepared by the Contractor for the
execution of the Work and may, without limiting the generality thereof, include formwork, falsework, and
shoring plans; Roadway protection plans; shop drawings; shop plans; or erection diagrams.
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GC 1.05 Ontario Traffic Manual
.01 All references in the Contract Documents to the MUTCD, including all Parts and Divisions thereof,
or MTO Traffic Control Manual for Roadway Work Operations, or Traffic Control Manual for
Roadway Operations Field Edition are hereby deleted and replaced by all currently available books
which make up the Ontario Traffic Manual.
GC 1.06 Final Acceptance
.01 For the purposes of determining whether Final Acceptance has occurred, the Contract Administrator
shall not take into account, in determining the discharge of the Contractor's obligations, any warranty
obligation of the Contractor to the extent that the warranty extends beyond 12 months after
Substantial Performance.
GC 1.07 Interpretation of Certain Words
.01 The words "acceptable," "approval," "authorized," "considered necessary," "directed," "required,"
"satisfactory," or words of like import, shall mean approval of, directed, required, considered
necessary, or authorized by and acceptable or satisfactory to the Contract Administrator, unless the
context clearly indicates otherwise.
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SECTION GC 2.0-CONTRACT DOCUMENTS
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) Based on available information at the time of the contract, the location of all mainline
underground Utilities that may affect the Work shall be shown to a tolerance of:
i. 1 m horizontal, and
ii. 0.3 m vertical
.02 The Owner does not warrant or make any representation with respect to:
a) interpretations of data or opinions expressed in any Subsurface Report available for the perusal
of the Contractor, that are not included as part of the Contract Documents, and
b) other information specifically excluded from this warranty.
GC 2.02 Order of Precedence I
.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 I
c) Special Provisions
d) Contract Drawings I
e) Standard Specifications
f) Standard Drawings
g) Tender
h) Supplemental General Conditions
i) OPSS.MUNI 100 General Conditions of Contract I
j) Working Drawings
Later dates shall govern within each of the above categories of documents. I
.02 In the event of any conflict among or inconsistency in the information shown on Drawings, the
following rules shall apply:
a) Dimensions shown in figures on a Drawing shall govern where they differ from dimensions
scaled from the same Drawing;
b) Drawings of larger scale shall govern over those of smaller scale; I
c) Detailed Drawings shall govern over general Drawings; and
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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 standards referenced in OPSSs and OPSDs (e.g., CSA, CGSB, ASTM, and ANSI).
.04 The Contract Documents are complementary, and what is required by any one shall be as binding
as if required by all.
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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 Contract Documents,
and to record the necessary data to establish payment quantities under the schedule of tender
quantities and unit prices or to assess the value of the Work completed in the case of a lump sum
price Contract.
.04 The Contract Administrator shall provide an estimate of the amounts owing to the Contractor under
the Contract as provided for in section GC 8.0, Measurement and Payment.
.05 The Contract Administrator, to not cause delay in the schedule, 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.
.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 any part of the Work or Material that I
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, as directed by the Contract
Administrator, remove the Work and replace, make good, or re-execute the Work at no additional
cost to the Owner.
.12 Any part of the Work destroyed or damaged by such removals, replacements, or re-executions shall ,
be made good, promptly, at no additional cost to the Owner.
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.13 If, in the opinion of the Contract Administrator it is not expedient to correct defective Work or Work
not performed in accordance with the Contract Documents, the Owner may deduct from monies
otherwise due to the Contractor the difference in value between the Work as performed and that
called for by the Contract Documents 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
1 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:
ja) 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 its non-compliance with any provisions of the Contract Documents.
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 any applicable laws or bylaws, including but not limited to, the Occupational Health
and Safety Act legislation and regulations, Workplace Safety and Insurance Board Act, and
Regulation 347 of the Environmental Protection Act.
I .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.
.02 The Contractor, to not cause delay in the Work, shall submit Working Drawings to the Contract
Administrator with reasonable promptness and in orderly sequence . 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 Documents that exist in the Working Drawings.
.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
I 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.
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.05 The Contractor shall make any changes in Working Drawings that the Contract Administrator may
require to make the Working Drawings consistent with the Contract Documents and resubmit, unless
otherwise directed by the Contract Administrator. When resubmitting, the Contractor shall notify the
Contract Administrator in writing of any revisions other than those requested by the Contract
Administrator. I
.06 Work related to the Working Drawings shall not proceed until the Working Drawings have been
signed and dated by the Contract Administrator.
.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 I
.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
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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 111
.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 I
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 Information
.01 The Contract Administrator shall provide background information, including without limitation,
baseline and benchmark information, to facilitate the general location, alignment, elevation and
layout of the Work.
.02 The Contract Administrator shall provide pre and post construction inventories of all Monuments, etc.
that are located within the Working Area.
.03 The Owner shall be responsible only for the correctness of the layout 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.
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.02 Circumstances suitable for consideration of an extension of Contract Time include the following:
a) Delays, subsection GC 3.07.
b) Changes in the Work, clause GC 3.10.01.
c) Extra Work, clause GC 3.10.02.
d) Additional Work, clause GC 3.10.03.
.03 The Contract Administrator shall, in reviewing an application for an extension to the Contract Time,
consider 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.
1 GC 3.07 Delays
.01 If the Contractor is delayed in the performance of the Work by,
Ia) war, blockades, and civil commotions;
b) errors in the Contract Documents;
I c) 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;
d) 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;
e) the Contract Administrator giving notice under section GC 7.0, Suspension of Work;
f) Abnormal Weather; or
Ig) 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 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, which are beyond the Contractor's control,
then the Contract Time shall be extended in accordance with subsection GC 3.06, Extension of
Contract Time.
.03 In no case shall the extension of Contract Time be less than the time lost as the result of the event
causing the delay, unless a shorter extension is agreed to by the Contractor. The Contractor shall
not be entitled to payment for costs incurred as the result of such delays unless such delays are the
result of actions by the Owner.
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.04 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 I
.01 The Contractor shall not assign the Contract, either in whole or in part, without the prior written
consent of the Owner.
GC 3.09 Subcontracting by the Contractor
.01 Subject to clause GC 3.09.03, Subcontracting by the Contractor, the Contractor may subcontract
any part of the Work, in accordance with the Contract Documents and any limitations specified
therein.
.02 The Contractor shall notify the Contract Administrator in writing in 10 Days prior to the start of
construction 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
been engaged in accordance with this subsection.
.05 The Contractor shall preserve and protect the rights of the Owner under the Contract Documents i
with respect to that part of the Work to be performed under subcontract and shall,
a) enter into agreements with the intended Subcontractors to require them to perform their Work in
accordance with the Contract Documents; and
b) be as fully responsible to the Owner for acts and omissions of the Contractor's Subcontractors
and of persons directly or indirectly employed by them as for acts and omissions of persons
directly employed by the Contractor.
.06 The Owner's consent to subcontracting by the Contractor shall not be construed to relieve the
Contractor from any obligation under the Contract and shall not impose any 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 I
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 clause
GC 3.06, Extension of Contract Time.
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.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 8.02.05, Payment on a
Time and Material Basis.
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 clause 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 8.02.05, Payment on a Time and
Material Basis.
1 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 8.02.05, 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; cell
phone, and telephone numbers for the Contract Administrator and the Superintendent at the
1 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.
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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
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
.01 Immediately upon commencing Work that may result in a claim, the Contractor shall keep Daily
Work Records during the course of the Work, sufficient to substantiate the Contractor's claim, and
the Contract Administrator shall keep Daily Work Records to be used in assessing the Contractor's
claim, all in accordance with clause GC 8.02.07, Records.
.02 The Contractor and the Contract Administrator shall attempt to reconcile their respective Daily Work
Records on a daily basis, to simplify review of the claim, when submitted. If the Contractor and the
Contract Administrator fail to reconcile their respective Daily Work Records, then the Contractor shall
submit its Daily Work Records as part of its claim, whereby the resolution of the dispute about the
Daily Work Records shall not be resolved until there is a resolution of the claim.
.03 The keeping of Daily Work Records by the Contract Administrator or the reconciling of such Daily
Work Records with those of the Contractor shall not be construed to be acceptance of the claim.
GC 3.13.03 Claims Procedure
.01 The Contractor shall give verbal notice of any situation that may lead to a claim for additional
payment immediately upon becoming aware of the situation.
.02 The Contractor shall provide written notice 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 or such time as mutually agreed after completion of the Work affected by the
situation. The detailed claim shall:
a) identify the item or items in respect of which the claim arises; I
b) state the grounds, contractual or otherwise, upon which the claim is made; and
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c) include the Records maintained by the Contractor supporting such claim.
.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
1 within 30 Days of receipt of such request.
.05 Within 90 Days of receipt of the detailed claim, the Contract Administrator shall advise the
Contractor, in writing, of the Contract Administrator's opinion regarding 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.
1 .02 Should the Contractor disagree with the opinion given in clause 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 8.02.05,
1 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.
.03 Prior to the expiry of 30 Business Days from the date of receipt of the Contractors claim, the
Contract Administrator shall provide a written response to the Contractor stating the Contract
Administrator's final price for the Change Order and an explanation of the rationale and basis of the
Contract Administrator's position which shall be deemed to be the initial site response.
GC 3.13.05 Mediation
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.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 clause 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 clause
GC 3.13.03.05.
.05 Each party is responsible for its own costs related to the use of the mediation 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 28 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.
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GC 3.13.07 Rights of Both Parties
.01 It is agreed that no action taken under subsection GC 3.13, Claims, Negotiations, Mediation, by
either party shall be construed as a renunciation or waiver of any of the rights or recourse available
to the parties, provided that the requirements set out in this subsection are fulfilled.
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.02 It is further agreed that the parties may at any time resort to the adjudication procedure contained in
the Construction Act.
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.
.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 clause
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 clause 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
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; ,
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 111
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 I
.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 clause 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 ADR Institute of Ontario (ADRIO),
which may select an arbitrator to adjudicate the dispute within 7 Days of being requested to do so.
.04 The arbitrator shall not be interested financially in the Contract nor in either party's business and
shall not be employed by either party.
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' .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.
' GC 3.14.04 Costs
.01 The arbitrator's fee shall be equally shared by the Owner and the Contractor.
.02 The fees of any independent experts and any other persons appointed to assist the arbitrator shall
be shared equally by the Owner and the Contractor.
.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
1 .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 but
not limited to building remains, hardware, accumulations of bones, pottery, or arrowheads, the
Contractor shall immediately notify the Contract Administrator and suspend operations within the
area identified by the Contract Administrator. Notification may be verbal provided that such notice is
confirmed in writing within 2 Days. Work shall remain suspended within that area until otherwise
' directed by the Contract Administrator in writing, in accordance with subsection GC 7.09,
Suspension of Work.
.02 Any delay in the completion of the Contract that is caused by such a suspension of Work shall be
considered to be beyond the Contractor's control in accordance with clause GC 3.07.01.
.03 Any Work directed or authorized in connection with an archaeological find shall be considered as
' Extra Work in accordance with clause GC 3.10.02, Extra Work.
.04 The Contractor shall take all reasonable action to minimize additional costs that may accrue as a
result of any work stoppage.
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SECTION GC 4.0-OWNER'S RESPONSIBILITIES AND RIGHTS
GC 4.01 Working Area 111
.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.
GC 4.02 Approvals and Permits 1
.01 The Owner shall pay for all plumbing and building permits.
.02 The Owner shall obtain and pay for all permits, licences, and certificates solely required for the
design of the Work.
GC 4.03 Management and Disposition of Materials
.01 The Owner shall identify in the Contract Documents the Materials to be moved within or removed
from the Working Area and any characteristics of those Materials that necessitates special Materials
management and disposition. 1
.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, 111
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 clause GC 4.03.02, or not clearly identified
in the Contract Documents according to clause 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 regulations.
.05 The Owner shall be responsible for any reasonable additional costs of removing, managing and
disposing of any Material not identified in the Contract Documents, or where conditions exist that
could not have been reasonably foreseen at the time of tendering. All work under this paragraph
shall be deemed to be Extra Work.
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.06 Prior to commencement of the Work, the Owner shall provide to the Contractor a list of those
products controlled under the Workplace Hazardous Materials Information System (WHMIS), that
the Owner may supply or use on the Contract, together with copies of the 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
1 Safety Data Sheets.
.07 Unless expressly permitted in the Contract Documents, the Contractor shall not bring onto the Work
Area any designated substance or hazardous Material per OHSA without the prior written
authorization of the Contract Administrator.
.08 The Contractor shall use all reasonable care to avoid spilling or disturbing any designated
1 substances or hazardous Material per OHSA.
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.
1 .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.
I GC 4.06 Contractor's Right to Correct a Default
.01 The Contractor shall have the right within the 5 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 Owner determines that the correction of the default cannot be completed within the 5 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 Working Days following receipt of the
notice;
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b) provides the Owner with a schedule acceptable to the Owner for the progress of such correction;
and
c) completes the correction in accordance with such schedule.
GC 4.07 Owner's Right to Correct Default '
.01 If the Contractor fails to correct the default within the time specified in subsection GC 4.06,
Contractor's Right to Correct a Default, or subsequently agreed upon, the Owner, without prejudice
to any other right or remedy the Owner may have, may correct such default and deduct the cost
thereof, as certified by the Contract Administrator, from any payment then or thereafter due to the
Contractor.
GC 4.08 Termination of Contractor's Right to Continue the Work
.01 Where the Contractor fails to correct a default within the time specified in subsection GC 4.06,
Contractor's Right to Correct a Default, or subsequently agreed upon, the Owner, without prejudice
to any other right or remedy the Owner may have, may terminate the Contractor's right to continue
the Work in whole or in part by giving written notice to the Contractor.
.02 If the Owner terminates the Contractor's right to continue with the Work in whole or in part, the
Owner shall be entitled to,
a) take possession of the Working Area or that portion of the Working Area devoted to that part of
the Work terminated;
b) utilize any Material within the Working Area;
d) withhold further payments to the Contractor with respect to the Work or the portion of the Work
withdrawn from the Contractor until the Work or portion thereof withdrawn is completed;
d) charge the Contractor the additional cost over the Contract price of completing the Work or
portion thereof withdrawn from the Contractor, as certified by the Contract Administrator and any
additional compensation paid to the Contract Administrator for such additional service arising
from the correction of the default;
e) charge the Contractor a reasonable allowance, as determined by the Contract Administrator, to
cover correction to the Work performed by the Contractor that may be required under subsection
GC 7.16, Warranty;
f) charge the Contractor for any damages the Owner sustained as a result of the default; and
g) charge the Contractor the amount by which the cost of corrections to the Work under subsection
GC 7.16,Warranty, exceeds the allowance provided for such corrections.
GC 4.09 Final Payment to Contractor '
.01 If the Owner's cost to correct and complete the Work in whole or in part is less than the amount
withheld from the Contractor under subsection GC 4.08, Termination of Contractor's Right to
Continue the Work, the Owner shall pay the balance to the Contractor as soon as the final
accounting for the Contract is complete.
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GC 4.10 Termination of the Contract
' .01 Where the Contractor is in default of the Contract the Owner shall, 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
1 creditors.
.02 If the Owner elects to terminate the Contract, the Owner shall 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 clause GC 3.10.01, Changes in the Work.
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SECTION GC 5.0 -MATERIAL
GC 5.01 Supply of Material
.01 All Material necessary for the proper completion of the Work, except that listed as being supplied by
the Owner, shall be supplied by the Contractor. The Contract price for the appropriate tender items
shall be deemed to include full compensation for the supply and delivery of such Material.
GC 5.02 Quality of Material '
.01 All Material supplied by the Contractor shall be new, unless otherwise specified in the Contract
Documents.
.02 Material supplied by the Contractor shall conform to the requirements of the Contract.
.03 As specified in the Contract Documents or as requested by the Contract Administrator, the
Contractor shall make available, for inspection or testing, a sample of any Material to be supplied by
the Contractor.
.04 The Contractor shall obtain for the Contract Administrator the right to enter onto the premises of the
Material manufacturer or supplier to carry out such inspection, sampling, and testing as specified in
the Contract Documents or as requested by the Contract Administrator.
.05 The Contractor shall notify the Contract Administrator of the sources of supply sufficiently in advance
of the Material shipping dates to enable the Contract Administrator to perform the required
inspection, sampling, and testing.
.06 The Owner shall not be responsible for any delays to the Contractor's operations where the
Contractor fails to give sufficient advance notice to the Contract Administrator to enable the Contract
Administrator to carry out the required inspection, sampling, and testing before the scheduled
shipping date. '
.07 The Contractor shall not change the source of supply of any Material without the written
authorization of the Contract Administrator.
.08 Material that is not specified shall be of a quality best suited to the purpose required, and the use of
such Material shall be subject to the approval of the Contract Administrator.
.09 All Material inspection, sampling, and testing shall be carried out on random basis in accordance
with the standard inspection or testing methods required for the Material. Any approval given by the
Contract Administrator for the Materials to be used in the Work based upon the random method shall
not relieve the Contractor from the responsibility of incorporating Material that conforms to the
Contract Documents into the Work or properly performing the Contract and of any liability arising
from the failure to properly perform as specified in the Contract Documents.
GC 5.03 Rejected Material ,
.01 Rejected Material shall be removed from the Working Area expeditiously after the notification to that
effect from the Contract 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 and111
disposed of, in what the Contract Administrator considers to be the most appropriate manner, and
the Contractor shall pay the costs of disposal and the appropriate overhead charges.
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GC 5.04 Substitutions
.01 Where the Contract Documents require the Contractor to supply a Material designated by a trade or
other name, the Tender shall be based only upon supply of the Material so designated, that shall be
regarded as the standard of quality required by the Contract Documents. After the acceptance of
the Tender, the Contractor may apply to the Contract Administrator to substitute another Material
identified by a different trade or other name for the Material designated as aforesaid. The
application shall be in writing and shall state the price for the proposed substitute Material
' designated as aforesaid, and such other information as the Contract Administrator may require.
.02 Rulings on a proposed substitution shall not be made prior to the acceptance of the Tender.
Substitutions shall not be made without the prior approval of the Contract Administrator. The
' approval or rejection of a proposed substitution shall be at the discretion of the Contract
Administrator.
.03 If the proposed substitution is approved by the Contract Administrator, the Contractor shall be
' entitled to the first$1,000 of the aggregate saving in cost by reason of such substitution and to 50%
of any additional saving in cost in excess of such $1,000. Each such approval shall be conveyed to
the Contractor in writing or by issuance of a Certificate of Equality on the Owner's standard form of
"Certification of Equality" and, if any adjustment to the Contract price is made by reason of such
substitution, a Change Order shall be issued as well.
GC 5.05 Owner Supplied Material
GC 5.05.01 Ordering of Excess Material
.01 Where Material is supplied by the Owner and where this Material is ordered by the Contractor in
excess of the amount specified to complete the Work, such excess Material 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
1 Administrator who shall arrange for an immediate inspection of the shipment and provide the
Contractor with a written release from responsibility for such damage or deficiencies. Where
damage or deficiencies are not so reported, it shall be assumed that the shipment arrived in good
condition and order, and any damage or deficiencies reported thereafter shall be made good by the
Contractor at no extra cost to the Owner.
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.04 The full amount of Material supplied by the Owner in each shipment shall be accounted for by the
Contractor and such Material shall be at the risk of the Contractor after taking delivery. Such
Material shall not, except with the written permission of the Contract Administrator, be used by the
Contractor for purposes other than the performance of the Work under the Contract.
.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 at the Contractor's expense unless otherwise
specified in the Contract Documents. '
.06 Immediately upon receipt of each shipment, the Contractor shall provide the Contract Administrator
copies of bills of lading, or such other documentation the Contract Administrator may require to
substantiate and reconcile the quantities of Material received.
.07 Where Material supplied by the Owner is ordered and stockpiled prior to the award of the Contract,
the Contractor shall, at no extra cost to the Owner, immediately upon commencement of operations,
check the Material, report any damage or deficiencies to the Contract Administrator and take charge
of the Material at the stockpile site. Where damage or deficiencies are not so recorded by the
Contractor, it shall be assumed that the stockpile was in good condition and order when the
Contractor took charge of it, and any damage or deficiencies reported thereafter shall be made good
by the Contractor at no extra cost to the Owner.
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SECTION GC 6.0 -INSURANCE, PROTECTION AND DAMAGE
GC 6.01 Protection of Work, Persons and Property
.01 The Contractor, the Contractor's agents, and all workers employed by or under the control of the
Contractor, including Subcontractors, shall protect the Work, persons, and property from damage or
injury. The Contractor shall be responsible for all losses and damage that may arise as the result of
the Contractor's operations under the Contract, unless indicated to the contrary below.
' .02 The Contractor is responsible for the full cost of any necessary temporary protective Work and the
restoration of all damage where the Contractor damages the Work or property in the performance of
the Contract. If the Contractor is not responsible for the damage that occurs to the Work or property,
' the Contractor shall restore such damage, and such Work and payment shall be administered
according to these General Conditions.
.03 The Contractor shall immediately inform the Contract Administrator of all damage and injuries that
occur during the term of the Contract. The Contractor shall then investigate and report back to the
Contract Administrator within 15 Days of occurrence of incident, or as soon as possible. The
Contract Administrator may conduct its own investigation and the Contractor shall provide all
assistance to the Contract Administrator as may be necessary for that purpose.
' .04 The Contractor shall not be responsible for loss and damage that occurs as a result of,
' a) war;
b) blockades and civil commotions;
' c) errors in the Contract Documents; or
d) acts or omissions of the Owner, the Contract Administrator, their agents and employees, or
others not under the control of the Contractor, but within the Working Area with the Owner's
' permission.
.05 The Contractor and the Contractor's Surety shall not be released from any term or provision of any
' responsibility, obligation, or liability under the Contract or waive or impair any of the rights of the
Owner, except by a release duly executed by the Owner.
GC 6.02 Indemnification
' .01 The Contractor shall indemnify and hold harmless the Owner and the Contract Administrator, their
elected officials, agents, officers, and employees from and against all claims, demands, losses,
expenses, costs, damages, actions, suits, or proceedings by third parties, hereinafter called "claims",
' directly or indirectly arising or alleged to arise out of the performance of or the failure to perform the
Work, provided such claims are,
a) attributable to bodily injury, sickness, disease, or death or to damage to or destruction of tangible
property;
b) caused by negligent acts or omissions of the Contractor or anyone for whose acts the Contractor
may be liable; and
c) made in writing within a period of 6 years from the date of Substantial Performance of the Work
as set out in the Certificate of Substantial Performance of the Work or, where so specified in the
Contract Documents, from the date of certification of Final Acceptance.
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.02 The Contractor shall indemnify and hold harmless the Owner from all and every claim for damages,
royalties or fees for the infringement of any patented invention or copyright occasioned by the
Contractor in connection with the Work performed or Material furnished by the Contractor under the
Contract.
.03 The Owner expressly waives the right to indemnity for claims other than those stated in clauses GC
6.02.01 and GC 6.02.02.
.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 clause
GC 6.02.04.
GC 6.03 Contractor's Insurance ,
GC 6.03.01 General
.01 Without restricting the generality of subsection GC 6.02, Indemnification, the Contractor shall
provide, maintain, and pay for the insurance coverages listed under clauses GC 6.03.02 and
GC 6.03.03. Insurance coverage in clauses GC 6.03.04, GC 6.03.05, and GC 6.03.06 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 111
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 Commercial General Liability Insurance 1
.01 Commercial 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. The insurance shall be provided in a form acceptable to the Owner.
.02 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 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
clause GC 6.02.01 c), shall not be binding on the Owner.
.04 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, the Commercial General Liability Insurance shall include the appropriate
endorsements.
.05 The policies shall be endorsed to provide the Owner with not less than 30 Days written notice in
advance of cancellation, termination, or material change.
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I .06 "Claims Made" insurance policies shall not be permitted.
GC 6.03.03 Automobile Liability Insurance
I .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, termination, or material change.
Ia) standard non-owned automobile policy including standard contractual liability endorsement, and
I 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
IGC 6.03.04.01 Aircraft Liability Insurance
.01 Aircraft liability insurance with respect to owned or non-owned aircraft used directly or indirectly in
I 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
I 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.
IGC 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
I 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
I notice in advance of cancellation, change, or amendment restricting coverage.
GC 6.03.05 Property and Boiler Insurance
IGC 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
I 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.
GC 6.03.05.02 Boiler Insurance
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.01 Boiler insurance insuring the interests of the Contractor, the Owner and the Contract Administrator
for not less than the replacement value of boilers and pressure vessels forming part of the Work,
Ishall be in a form acceptable to the Owner.
GC 6.03.05.03 Use and Occupancy of the Work Prior to Completion
I .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
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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 111
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
Owner and the Contractor as their respective interests may appear. The Contractor shall act on
behalf of both the Owner and the Contractor for the purpose of adjusting the amount of such loss or
damage payment with the insurers. When the extent of the loss or damage is determined, the
Contractor shall proceed to restore the Work. Loss or damage shall not affect the rights and
obligations of either party under the Contract, except that the Contractor shall be entitled to such
reasonable extension of Contract Time relative to the extent of the loss or damage as the Contract
Administrator may decide in consultation with the Contractor.
GC 6.03.05.04 Payment for Loss or Damage
.01 The Contractor shall be entitled to receive from the Owner, in addition to the amount due under the
Contract, the amount at which the Owner's interest in restoration of the Work has been appraised,
such amount to be paid as the restoration of the Work proceeds, and in accordance with the
requirements of section GC 8.0, Measurement and Payment. In addition, the Contractor shall be
entitled to receive from the payments made by the insurers the amount of the Contractor's interest in
the restoration of the Work.
.02 The Contractor shall be responsible for deductible amounts under the policies, except where such
amounts may be excluded from the Contractor's responsibility by the terms of this Contract.
.03 In the event of a loss or damage to the Work arising from the action or omission of the Owner or
others, the Owner shall pay the Contractor the cost of restoring the Work as the restoration of the
Work proceeds and in accordance with the requirements of section GC 8.0, Measurement and
Payment.
GC 6.03.06 Contractor's Equipment Insurance '
.01 All risks Contractors Equipment insurance covering construction equipment used by the Contractor
for the performance of the Work, including boiler insurance on temporary boilers and pressure 111
vessels, shall be in a form acceptable to the Owner and shall not allow subrogation claims by the
insurer against the Owner. The policies shall be endorsed to provide the Owner with not less than
30 Days written notice in advance of cancellation, change, or amendment restricting coverage.
Subject to satisfactory proof of financial capability by the Contractor for self-insurance of the
Contractor's Equipment, the Owner agrees to waive the equipment insurance requirement, and for
the purpose of this Contract, the Contractor shall be deemed to be insured. This policy shall be
amended to provide permission for the Contractor to grant prior releases with respect to damage to
the Contractor's Equipment. '
GC 6.03.07 Insurance Requirements and Duration
.01 Each insurance policy as noted in the Contract Documents shall be in effect from the date of
commencement of the Work until 10 Days after the date of Final Acceptance of the Work, as set out
in the Final Acceptance Certificate.
.02 The Contractor shall provide the Owner, on a form acceptable to the Owner, proof of insurance prior
to commencement of the Work and signed by the underwriter or the broker.
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.03 The Contractor shall, on request, promptly provide the Owner with a certified true copy of each
insurance policy exclusive of information pertaining to premium or premium bases used by the
insurer to determine the cost of the insurance. The certified true copy shall include the signature of
an officer of the insurer.
' .04 Where a policy is renewed, the Contractor shall provide the Owner, on a form acceptable to the
Owner, renewed proof of insurance immediately following completion of renewal.
' .05 Unless specified otherwise, the Contractor shall be responsible for the payment of deductible
amounts under the policies.
.06 If the Contractor fails to provide or maintain insurance as required in subsection GC 6.03,
' Contractor's Insurance, or elsewhere in the Contract Documents, then the Owner shall have the right
to provide and maintain such insurance and give evidence thereof to the Contractor. The Owner's
cost thereof shall be payable by the Contractor to the Owner on demand.
' .07 If the Contractor fails to pay the cost of the insurance placed by the Owner within 28 Days of the
date on which the Owner made a formal demand for reimbursement of such costs, the Owner may
deduct the costs thereof from monies which are due or may become due to the Contractor.
GC 6.04 Bonding
.01 The Contractor shall provide the Owner with the surety bonds in the amount required by the Contract
Documents.
.02 Such bonds shall be issued by a duly licensed surety company authorized to transact a business of
suretyship in the Province of Ontario and shall be to the satisfaction of the Owner. The bonds shall
' be maintained in good standing until the Final Acceptance.
GC 6.05 Workplace Safety and Insurance Board
.01 The Contractor shall provide the Contract Administrator with a copy of a Certificate of Clearance
indicating the Contractor's good standing with the Workplace Safety and Insurance Board, as
follows:
a) Immediately prior to the Contract Administrator authorizing the Contractor to commence Work.
b) Prior to issue of the Certificate of Substantial Performance.
c) Prior to expiration of the Warranty Period.
d) At any other time when requested by the Contract Administrator.
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SECTION GC 7.0-CONTRACTOR'S RESPONSIBILITIES AND CONTROL OF THE WORK
GC 7.01 General
GC 7.01.01 Site Visit
.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. ,
GC 7.01.02 Commencement of Work
.01 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 from the Contract Administrator.
GC 7.01.03 Control and Responsibility 111
.01 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.
.02 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.
.03 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.
.04 Notwithstanding clause GC 7.01.03, 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.
.05 The Contractor shall comply with and conform to all statutes, laws, by-laws, regulations,
requirements, ordinances, notices, rulings, orders, directives and policies of the municipal, provincial
and federal governments and any other lawful authority and all court orders, judgments and
declarations of a court of competent jurisdiction (collectively referred to as the "Laws"), applicable to
the Work to be provided by, and the undertakings and obligations of, the Contractor under this
Contract.
GC 7.01.04 Compliance with the Occupational Health and Safety Act
.01 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 111
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 priority in planning, pricing, and performing the Work; I
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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 are"Competent Persons" as defined in the OHSA, and carry out their
duties in a diligent and responsible manner with due consideration for the health and safety of
the workers;
f) all Subcontractors and their workers are properly protected from injury while they are at the
Working Area; and
g) following execution of the Contract and prior to the issuance of the order to commence by the
' Owner, upon request the Contractor submits to the Contract Administrator a copy of the Notice
of Project issued to the Ministry of Labour.
.02 The Contractor, when requested, shall provide the Owner with a copy of its health and safety policy
and program at the pre-start meeting and shall respond promptly to requests from the Owner for
confirmation that its methods and procedures for carrying out the Work comply with the Act and
Regulations. The Contractor shall cooperate with representatives of the Owner and the inspectors
appointed to enforce the Act and the Regulations in any investigations of worker health and safety in
the performance of the Work. The Contractor shall indemnify and save the Owner harmless from
any additional expense that the Owner may incur to have the Work performed as a result of the
Contractor's failure to comply with the requirements of the Act and the Regulations.
.03 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 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 Safety Data Sheets.
' .04 During the course of the Work, the Contractor shall furnish forthwith to the Contract Administrator a
copy of all correspondence, reports, orders or charges respecting occupational health and safety,
including under the Act, Technical Standards and Safety Act, 2000, S.O. 2000, c.16 as amended,
and the Criminal Code, R.S.C., 1985, c. C-46 as amended, which are received by, or which come to
the notice of, the Contractor that apply or are relevant to any of the Work or activities conducted
under the terms of the Contract.
.05 Nothing in this Contract shall be construed as requiring the Owner to monitor or approve the
workplace health and safety practices of the Contractor.
GC 7.01.05 Contractor's Representatives
.01 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, 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.
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.02 The Contractor shall designate a person to be responsible for traffic control and work zone safety.
The designated person shall be a competent worker who is qualified because of knowledge, training,
and experience to perform the duties; is familiar with Book 7 of the Ontario Traffic Manual; and has
knowledge of all potential or actual danger to workers and motorists. Prior to the commencement of
construction, the Contractor shall notify the Contract Administrator of the name; address; position;
cell phone, 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. '
GC 7.01.06 Assistance to the Contract Administrator
.01 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.
GC 7.01.07 Schedule '
.01 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 111
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 in the work, 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, to complete the Work within the time specified in the Contract Documents.
.02 For Contracts with a specified number of Working Days, the construction time shown on the initial
schedule shall not exceed the specified number of Working Days. The activities on the critical path
shall assist the Contract Administrator in determining the Controlling Operation for the purpose of the
charging of Working Days. The construction schedule shall include all non-working periods and
appropriate allowances for Inclement Weather.
.03 For Contracts which specify a Contract Time, the construction time shown on the initial construction
schedule shall not extend beyond the specified Contract Time. The construction schedule shall
include all non-working periods and appropriate allowances for Inclement Weather.
GC 7.01.08 Errors and Inconsistencies Relating to the Contract
.01 Where the Contractor finds any error, inconsistency, or omission relating to the Contract, the
Contractor shall promptly report it to the Contract Administrator and shall not proceed with the
activity affected until receiving direction from the Contract Administrator.
.02 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.
GC 7.01.09 Utilities '
.01 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 if 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
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the Contractor's forces during construction if the stake out locations are within the tolerances given
' in clause GC 2.01.01 a).
.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.
GC 7.02 Monuments and Layout
.01 Prior to commencement of construction, the Contract Administrator and the Contractor shall locate
on site those Monuments that delineate the Working Area and may be used to lay out the Work, all
as shown on the Contract Drawings. Property Monuments shall be inventoried in the report format
required by the Owner.
.02 These Monuments shall be protected by highly visible T-bars or 1.0 metre tall stakes with survey
' ribbon set within 0.3 metres of the Monument.
.03 The Contractor shall be responsible for the preservation of all Property Monuments while the Work is
in progress, except those Property Monuments that must be removed to facilitate the Work as
identified and agreed by the Contractor and Contract Administrator. Monuments removed to
facilitate the Work shall be replaced at the Owner's expense, and all others shall be replaced at the
Contractor's expense.
.04 All Monuments disturbed, damaged, or removed by the Contractor's operations shall be documented
in the inventory report and replaced under the supervision of an Ontario Land Surveyor.
' .05 The Monument inventory report referred to in clauses GC 7.02.01 and GC 7.02.04 shall include as a
minimum:
a) Contract number, Contract name, Contract Administrator's name;
b) Project/site construction limits;
c) Rough location, type, identification number, and condition of each Monument before and after
construction;
d) The solutions for protection of the Monuments that may be impacted by construction;
e) Reference ties;
f) A summary of those Monuments affected by the Work and how they were reset or replaced, and
by what type of Monument.
.06 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.
.07 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.
.08 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.
.09 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.
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.10 All stakes, marks, and reference points shall be carefully preserved by the Contractor. In the case of
their destruction or removal, for any reason, before the end of the Contract Time such stakes, marks,
and reference points shall be replaced, unless otherwise mutually agreed between the Contractor
and the Contract Administrator, at the Contractor's expense.
.11 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 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.
.02 The Contractor's sheds, site offices, toilets, other temporary structures, and storage areas for
Material and Equipment shall be grouped in a compact manner, maintained in a neat and orderly
condition at all times and removed upon completion of the Work.
.03 The Contractor shall confine the construction operations to the Working Area. Should the Contractor
require additional space, the Contractor shall obtain such space at no additional cost to the Owner.
.04 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.
.05 Upon completion of the Contract, the Working Area used by the Contractor shall be restored to its
original condition or better unless otherwise specified in the Contract Documents including the
removal of all excavated and stockpiled materials at the Contractor's expense.
GC 7.04 Damage by Vehicles or Other Equipment
.01 If at any time, in the opinion of the Contract Administrator, damage is being done or is likely to be
done to any Roadway or any improvement thereon, outside the Working Area, by the Contractor's
vehicles or other Equipment, whether licensed or unlicensed Equipment, the Contractor shall, on the
direction of the Contract Administrator, and at no extra cost to the Owner, make changes or
substitutions for such vehicles or Equipment, and shall alter loadings, or in some other manner,
remove the cause of such damage to the satisfaction of the Contract Administrator.
GC 7.05 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 Maintaining Roads and Detours
.01 Unless otherwise specified in the Contract Documents, if an existing Roadway is affected by
construction, it shall be kept open to both vehicular and pedestrian traffic.
.02 Subject to the approval of the Contract Administrator, the Contractor shall, at no additional cost to
the Owner, be responsible for providing and maintaining for the duration of the Work an alternative
route for both pedestrian and vehicular traffic through the Working Area in accordance with the OTM,
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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 only 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.
.07 Compensation for all labour, Equipment, and Materials to do this Work shall be at the Contract
prices appropriate to the Work and, where there are no such prices, at negotiated prices.
' Notwithstanding the foregoing, the cost of blading required to maintain the surface of such roads and
detours shall be deemed to be included in the prices bid for the various tender items and no
additional payment shall be made.
.08 Where Work under the Contract is discontinued for any extended period, including seasonal
shutdown, the Contractor shall, when directed by the Contract Administrator, open and place the
Roadway and detours in a passable, safe, and satisfactory condition for public travel.
.09 Where the Contractor constructs a detour that is not specifically provided for in the Contract
Documents or required by the Contract Administrator, the construction of the detour and, if required,
the subsequent removal shall be performed at the Contractor's expense. The detour shall be
' constructed and maintained to structural and geometric standards approved by the Contract
Administrator. Removal and site restoration shall be performed as directed by the Contract
Administrator.
' .10 Where, with the prior written approval of the Contract Administrator, the Highway is closed and the
traffic diverted entirely off the Highway to any other Highway, the Contractor shall, at no extra cost to
the Owner, supply, erect, and maintain traffic control devices in accordance with the OTM.
' .11 Compliance with the foregoing provisions shall in no way relieve the Contractor of its 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.
GC 7.07 Access to Properties Adjoining the Work and Interruption of Utility
Services
' .01 The Contractor shall provide at all times and at no extra cost to the Owner,
a) safe and adequate pedestrian and vehicular access;
b) continuity of Utility services; and
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c) access for emergency response services;
to properties adjoining the Working Area.
.02 The Contractor shall provide at all times and at no extra cost to the Owner access to fire hydrants,
water and gas valves, and all other Utilities located in the Working Area.
.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 7.11, Notices by the Contractor, and shall arrange such interruptions so as to
create a minimum of interference to those affected.
GC 7.08 Approvals and Permits '
.01 Except as specified in subsection GC 4.02, Approval and Permits, the Contractor shall obtain and
pay for any permits, licences, and certificates, which at the date of tender closing, are required for
the performance of the Work.
.02 The Contractor shall arrange for all necessary inspections required by the approvals and permits
specified in clause GC 7.08.01, Approvals and Permit. '
GC 7.09 Suspension of Work
.01 The Contractor shall, upon written notice from the Contract Administrator, discontinue or delay any
or all of the Work and Work shall not be resumed until the Contract Administrator so directs in
writing. Delays, in these circumstances, shall be administered according to subsection GC 3.07,
Delays.
GC 7.10 Contractor's Right to Stop the Work or Terminate the Contract
.01 If the Owner is adjudged bankrupt or makes a general assignment for the benefit of creditors
because of insolvency or if a receiver is appointed because of insolvency, the Contractor may,
without prejudice to any other right or remedy the Contractor may have, by giving the Owner or
receiver or trustee in bankruptcy written notice, terminate the Contract.
.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 28 Days of the due dates identified in clause
GC 8.02.04, Certification and Payment, the amounts certified by the Contract Administrator or
within 28 Days of an award by an arbitrator or court; or
c) the Owner fails to comply with the requirements of the Contract.
.04 The Contractor's written notice to the Owner shall advise that if the default is not corrected in the 7
Days immediately following receipt of the written notice, the Contractor may, without prejudice to any
other right or remedy the Contractor may have, stop the Work or terminate the Contract.
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.05 If the Contractor terminates the Contract under the conditions set out in subsection GC 7.10,
Contractor's Right to Stop the Work or Terminate the Contract, 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.
1 GC 7.11 Notices by the Contractor
.01 Before any 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
1 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.
GC 7.12 Environmental Incident Management under Legislation Protecting the
1 Environment and Natural Resources
.01 The Contractor shall be in strict compliance with the requirements of the following legislation, as
amended, regarding environmental incidents under the control of the Contractor or that are a result
of the Contractor's operations:
a) Environmental Protection Act, R.S.O. 1990, c. E.19
1 b) Fisheries Act, R.S.C. 1985, c. F-14
c) Technical Standards and Safety Act, 2000, S.O. 2000, c. 16
' d) Pesticides Act, R.S.O. 1990, c. P.11
1 e) Ontario Water Resources Act, R.S.O. 1990, c. 0.40
f) Transportation of Dangerous Goods Act, 1992, S.C.1992, c. 34
' .02 The requirements of the legislation listed in clause GC 7.12.01 include but are not restricted to:
a) Immediate containment of the material, pollutant, contaminant, deleterious substance, or
dangerous good;
1 b) Immediate notification of the environmental incident to the proper authority; and
c) Clean up and restoration of the environment to preconditions.
.03 The Contractor shall possess a plan demonstrating that environmental incidents shall be managed
to satisfy the requirements of clauses GC 7.12.01 and GC 7.12.02.
.04 The Contractor shall provide a copy of the environmental incident plan to the Contract Administrator
when required and shall inform the Contract Administrator immediately of:
1 a) An environmental incident when it occurs; and
b) Any actions taken or intended to be taken by the Contractor regarding the environmental
1 incident.
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.05 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 legislation listed in clause GC 7.12.01.
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 clause 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 any holidays recognized by the Owner without permission in writing from
the Contract Administrator. I
.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, 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, 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,
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a) prior to and during the period of 12 months from the date of Substantial Performance of the
' Work, as set out in the Certificate of Substantial Performance of the Work,
b) where there is no Certificate of Substantial Performance, 12 months from the date of Completion
of the Work as set out in the Completion Certificate, or
c) such longer periods as may be specified in the Contract Documents for certain Materials or
some of the Work.
' The Contract Administrator shall promptly give the Contractor written notice of observed defects or
deficiencies.
' .03 The Contractor shall correct or pay for damage resulting from corrections made under the
requirements of clause 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.
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SECTION GC 8.0-MEASUREMENT AND PAYMENT
GC 8.01 Measurement
GC 8.01.01 Quantities
.01 The Contract Administrator shall make an Estimate in writing once a month, unless otherwise
specified in the Contract Documents, of the quantity of Work performed and provide such Estimate
to the Contractor within 10 Days of the Cut-Off Date.
.02 Quantities for progress payments shall be construed and held to approximate. The final quantities
for the issuance of the Completion Payment shall be based on the measurement of Work completed.
.03 Measurement of the quantities of the Work performed may be either by Actual Measurement or by
Plan Quantity principles as indicated in the Contract. Adjustments to Plan Quantity measurements
shall normally be made using Plan Quantity principles but may, where appropriate, be made using
Actual Measurements. Those items identified on the Tender by the notation (P) in the unit column
shall be paid according to the Plan Quantity. Items where the notation (P) does not occur shall be
paid according to Actual Measurement or lump sum.
GC 8.01.02 Variations in Tender Quantities ,
.01 Where it appears that the quantity of Work to be done or Material to be supplied or both by the
Contractor under a unit price tender item may exceed or be less than the tender quantity, the
Contractor shall proceed to do the Work or supply the Material or both required to complete the
tender item and payment shall be made for the actual amount of Work done or Material supplied or
both at the unit prices stated in the Tender except as provided below:
a) In the case of a Major Item where the quantity of Work performed or Material supplied or both by
the Contractor exceeds the tender quantity by more than 15%, either party to the Contract may
make a written request to the other party to negotiate a revised unit price for that portion of the
Work performed or Material supplied or both which exceeds 115% of the tender quantity. The
negotiation shall be carried out as soon as reasonably possible. Any revision of the unit price
shall be based on the actual cost of doing the Work or supplying the Material or both under the
tender item plus a reasonable allowance for profit and applicable overhead. 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.
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.
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GC 8.02 Payment
GC 8.02.01 Non-Resident Contractor
.01 If the Contractor is not a registered entity in Ontario, the Contractor shall obtain all necessary
approvals, consents, permits, licences, certificates, registrations, and other authorizations prior to
execution of the Contract.
' .02 The Contractor shall ensure that all Subcontractors the Contractor proposes to use for carrying out
any of the Work required by the Contract and who are not a registered entity in Ontario have
obtained all necessary approvals, consents, permits, certificates, registrations, and other
authorizations prior to execution of the subcontract.
GC 8.02.02 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 which is identified in the Contract Documents but not specifically detailed as part
of any one item shall be deemed to be included in the items with which it is associated.
GC 8.02.03 Advance Payments for Material
' .01 The Owner shall make advance payments for Material intended for incorporation in the Work upon
the written request of the Contractor and according to the following terms and conditions:
' a) The Contractor shall deliver the Material to a site approved by the Contract Administrator and
the Contractor shall, in advance of receipt of the shipment of the Material, arrange for adequate
and proper storage facilities.
b) The value of aggregates, processed and stockpiled, shall be assessed by the following
procedure:
i. Sources Other Than Commercial
(A) Granular A, B, BI, BII, BIII, M, and 0 shall be assessed at the rate of 60% of the
Contract price.
(B) 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.
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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 clause GC
8.02.03.01, 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.
GC 8.02.04 Certification and Payment
GC 8.02.04.01 Progress Payment
.01 The Contractor shall submit a Proper Invoice for progress payments monthly or at intervals specified
in the Contract Documents after starting the Work on this Contract. The Contractor shall submit the
Proper Invoice to the Contract Administrator and to the Owner. This Proper Invoice shall be for work
completed at the agreed to Cut-Off Date.
.02 A Proper Invoice shall include;
a) the requirements as set out in section 6.1 of the Construction Act;
b) the quantities of Work performed;
c) the value of Work performed; '
d) any advanced payment for Material;
e) the amount of Statutory Holdback, liens, Owner's set-off; I
f) the amount of any applicable taxes;
g) the amount due to the Contractor; and '
h) any other information that may be prescribed in the Contract Documents.
.03 Payment shall be made within 28 Days of the submission of the Proper Invoice unless a notice of
non-payment has been issued in accordance with the Construction Act.
.04 The Owner shall retain the Statutory Holdback in the form and amount as required under the
Construction Act.
GC 8.02.04.02 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.
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.02 The Contract Administrator shall issue a Certificate of Subcontract Completion, if the subcontract
' has been completed in a form satisfactory to the Contract Administrator, and all required inspection
and testing of the works covered by the subcontract have been carried out and the results are
satisfactory to the Contract Administrator.
.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
1 Subcontractor concerned.
GC 8.02.04.03 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 61 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
I monies;
b) evidence satisfactory to the Contract Administrator that the Subcontractor has discharged all
liabilities incurred in carrying out the subcontract;
' c) a satisfactory clearance certificate or letter from the Workplace Safety and Insurance Board
relating to the subcontract; and
' d) a copy of the contract between the Contractor and the Subcontractor and a satisfactory
statement showing the total amount due the Subcontractor from the Contractor.
.02 Clause GC 8.02.04.03.01 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.
.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 8.02.04.04 Substantial Performance of Work
' .01 The Contractor, as part of the application for Substantial Performance, shall submit an itemized list
of the outstanding work.
.02 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.
.03 The Contract Administrator 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,
' and shall provide a copy to the Contractor.
.04 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 Act, as amended, publish a copy of the
certificate in the manner set out in the regulations.
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.05 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.
.06 Except as otherwise provided for in Section 31 of the Construction Act, the 60 Day lien period prior
to the release of holdback as referred to in clause GC 8.02.04.05, 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 8.02.04.05 Substantial Performance Payment and Substantial Performance Statutory 1
Holdback Release Payment Certificates
.01 Prior to the Contract Administrator issuing the Certificate of Substantial Performance, the Contractor
shall submit a Proper Invoice for the Work completed. In addition to the requirements specified
under section 8.02.04.01.02, the Proper Invoice shall include:
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;
and
d) the amount due the Contractor.
.02 Payment shall be made within 28 Days of the date of submission of the Proper Invoice.
.03 The Substantial Performance Statutory Holdback Release Payment Certificate shall be a payment
certificate releasing to the Contractor the Statutory Holdback due in respect of Work performed up to
the date of Substantial Performance. Payment of such Statutory Holdback shall be due 61 Days
after the date of publication of the Certificate of Substantial Performance but subject to the
provisions of the Construction Act and the submission by the Contractor of the following documents:
a) a satisfactory Certificate of Clearance from the Workplace Safety and Insurance Board; and I
b) proof of publication of the Certificate of Substantial Performance.
.04 Any amount of security retained shall be identified on the Substantial Performance Payment
Certificate.
GC 8.02.04.06 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.
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GC 8.02.04.07 Completion Payment and Completion Statutory Holdback Release Payment
Certificates
.01 Prior to the Contract Administrator issuing the Completion Certificate, the Contractor shall submit a
Proper Invoice for the Work completed. In addition to the requirements noted under section
8.02.04.01.02, the Proper Invoice shall include:
a) measurement and value of Work at Completion;
' b) the amount of the further Statutory Holdback based on the value of further Work completed over
and above the value of Work completed shown in the Substantial Performance Payment
Certificate referred to above; and
' c) the amount due the Contractor.
.02 The Completion Statutory Holdback Release Payment Certificate shall be a payment certificate
1 releasing to the Contractor the further Statutory Holdback. Subject to any outstanding liens and
permissible set-offs and upon submission of a satisfactory Certificate of Clearance from the
Workplace Safety and Insurance Board, the Owner shall pay the remaining holdback on the Work
done,within 28 Days after the expiration of the 60-Day lien period.
.03 Any amount of security retained shall be identified on the Completion Payment Certificate.
GC 8.02.04.08 Interest
01 Interest due to the Contractor shall be based on simple interest and calculated using the
applicable Rate of Interest. Interest shall begin to accrue on an amount that is not paid when it is
' due to be paid under Part-I of the Construction Act, at the prejudgment interest rate determined
under subsection 127 (2) of the Courts of Justice Act or, if the Contract specifies a different
interest rate for this purpose, the greater of the prejudgment interest rate and the interest rate
specified in the Contract.
GC 8.02.04.09 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: 28 Days after submission of Proper Invoice;
b) Subcontract Statutory Holdback Release Payment: 89 Days after the date on which the
subcontract was completed;
c) Substantial Performance Payment: 28 Days after the date of issuance of the certificate;
d) Substantial Performance Statutory Holdback Release Payment: 89 Days after publication of the
Payment Certificate of Substantial Performance;
e) Completion Payment: 28 Days after the date certified as the date on which the Contract reached
Completion; and
f) Completion Statutory Holdback Release Payment: 89 Days after the date certified as the date
that the Work was completed.
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.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 clause GC 8.02.04.09.01, interest
shall only begin to accrue when the Contractor has completed those requirements.
GC 8.02.04.10 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 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.
.03 Where a Contractor fails to comply with the 30 Day time limit and the procedures prescribed in
clause GC 3.13.03.03 for submission of claims, interest shall not be paid for the delay period.
GC 8.02.04.11 Owner's Set-Off I
.01 Pursuant to the Construction Act, the Owner may retain from monies owing to the Contractor under
this Contract an amount sufficient to cover any outstanding or disputed liabilities, including the cost
to remedy deficiencies, the reduction in value of substandard portions of the Work, claims for
damages by third parties that have not been determined in writing by the Contractor's insurer,
undetermined claims by the Owner, and any assessment due the Workplace Safety and Insurance
Board.
.02 Under these circumstances the Owner will give the Contractor appropriate notice of such action.
GC 8.02.04.12 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 the due dates as defined in clause GC 8.02.04.09.01.
GC 8.02.05 Payment on a Time and Material Basis
GC 8.02.05.01 Definitions
.01 For the purpose of clause GC 8.02.05 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.
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Payroll Burden means the payments in respect of workplace insurance, vacation pay, employment
' insurance, public liability and property damage insurance, sickness and accident insurance, pension fund,
and such other welfare and benefit payments forming part of the Contractor's normal labour costs.
Rented Equipment means Equipment that is rented or leased for the special purpose of Work on a Time
and Material Basis from a person, firm, or corporation that is not an associate of the lessee as the word
"associate" is defined by the Securities Act, R.S.O. 1990, c.S.5, as amended, and is approved by the
Contract Administrator.
Road Work means the preparation, construction, finishing, and construction maintenance of roads,
streets, Highways, and parking lots and includes all work incidentals thereto other than Work on
structures.
Sewer and Watermain Work means the preparation, construction, finishing, and construction
maintenance of sewer systems and watermain systems, and includes all work incidental thereto other
than Work on structures.
' Standby Time means any period of time that is not considered Working Time and which together with the
Working Time does not exceed 10 hours in any one Working Day and during which time a unit of
1 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.PROV 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 8.02.05.02 Daily Work Records
1 .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.
1
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GC 8.02.05.03 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 8.02.05.04 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 $3,500, then at 120% of any portion of the Cost of Labour in excess of
$3,500.
.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 8.02.05.05 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 $3,500, then at 115% of any portion of the Cost of Material in excess
of$3,500.
GC 8.02.05.06 Payment for Equipment
GC 8.02.05.06.01 Working Time
.01 The Owner shall pay the Contractor for the Working Time of all Equipment, other than Rented
Equipment and Operated Rented Equipment, used on the Work on a Time and Material basis at The
127 Rates with a cost adjustment as follows:
a) Cost$12,000 or less -no adjustment; ,
b) Cost greater than $12,000 but not exceeding $24,000 - payment $12,000 plus 90% of the
portion in excess of$12,000; and
c) Cost greater than $24,000-$22,800 plus 80% of the portion in excess of$24,000.
.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 8.02.05.06.02 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
November 2019 Page 56 of 59 OPSS.MUNI 100
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the Contract Administrator. This shall include Rented Equipment intended for use on other work, but
has been idled due to the circumstances giving rise to the Work on a Time and Material Basis.
.02 In addition, the Owner shall include the Cost of Labour of operators or associated labourers who
cannot be otherwise employed during the Standby Time 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
1 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 8.02.05.07 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 8.02.05.08 Payment for Work by Subcontractors
' .01 Where the Contractor arranges for Work on a Time and Material Basis, or a part of it, to be
performed by Subcontractors on a Time and Material basis and has received approval prior to the
commencement of such Work, in accordance with the requirements of subsection GC 3.09,
' Subcontracting by the Contractor, the Owner shall pay the cost of Work on a Time and Material
Basis by the Subcontractor calculated as if the Contractor had done the Work on a Time and
Material Basis, plus a markup calculated on the following basis:
a) 20%of the first$3,500; plus
b) 15% of the amount from $3,500 to$12,000; plus
' c) 5% of the amount in excess of$12,000.
.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.
' GC 8.02.05.09 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. Each summary shall include the Change
Directive or Change Order number and covering dates of the Work and shall itemize separately the
' labour, Materials, and Equipment. Invoices for Materials, Rented Equipment, and other charges
incurred by the Contractor on the Work on a Time and Material Basis shall be included with each
summary.
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.03 Each month the Contract Administrator shall include with the monthly progress payment,
the costs of the Work on a Time and Material Basis incurred during the preceding month all in
accordance with the contract administrative procedures and the Contractor's invoice of the Work on
a Time and Material Basis.
.04 The final summary as per clause 8.02.05.09.02 shall be submitted by the Contractor within 60 Days
after the completion of the Work on a Time and Material Basis.
GC 8.02.05.10 Payment Other Than on a Time and Material Basis ,
.01 Clause GC 8.02.05 does not preclude the option of the Contract Administrator and the Contractor
negotiating a Lump Sum Item or unit price payment for Change in the Work, Extra Work, and
Additional Work.
GC 8.02.05.11 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.
GC 8.02.06 Final Acceptance Certificate
.01 After the acceptance of the Work or, where applicable, after the Warranty Period has expired, the
Contract Administrator shall issue the Final Acceptance Certificate. 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.
.02 Any remaining amount of security shall be released upon Final Acceptance of the
Contract.
GC 8.02.07 Records 1
.01 The Contractor shall maintain and keep accurate Records relating to the Work, Changes in the 111
Work, Extra Work, Additional Work and claims arising therefrom. Such Records shall be of sufficient
detail to support the total cost of the Work, Changes in the Work, Extra Work, Additional Work and
claims arising therefrom. The Contractor shall preserve all such original Records until 12 months
after the Final Acceptance Certificate is issued or until all claims have been settled, whichever is
longer. The Contractor shall require that Subcontractors employed by the Contractor preserve all
original Records pertaining to the Work, Changes in the Work, Extra Work, Additional Work and
claims arising therefrom for a similar period of time.
.02 The Owner may inspect and audit the Contractor's Records relating to the Work, Changes in the
Work, Extra Work, and Additional Work at any time during the period of the Contract. The
Contractor shall supply certified copies of any part of its Records required, whenever requested by
the Owner.
GC 8.02.08 Taxes
.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 Tender, the Owner
shall increase or decrease Contract payments to account for the exact amount of tax change
involved. I
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.02 Claims for compensation for additional tax cost shall be submitted by the Contractor to the Contract
Administrator on forms provided by the Contract Administrator to the Contractor. Such claims for
additional tax costs shall be submitted not less than 30 Days after the date of Final Acceptance.
1 .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
1 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.
.05 The Contractor shall add the Harmonized Sales Tax(HST)to all invoices.
GC 8.02.09 Liquidated Damages
I .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.
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A-1
AGREEMENT
CONTRACT NO. 14241
THIS AGREEMENT MADE IN TRIPLICATE THIS 14th
' DAY OF February , 2022.
BETWEEN:
' Municipality of Kincardine (hereinafter called "the Owner")
1475 Concession 5, R. R. 5 OF THE FIRST PART
111 Kincardine, ON N2Z 2X6 - and -
Roubos Farm Service Ltd. (hereinafter called "the Contractor")
' 8750 Concession 11 OF THE SECOND PART
Moorefield, ON NOG 2K0
WITNESSETH
That the Owner and the Contractor, in consideration of the fulfilment of their respective promises and
' obligations herein set forth covenant and agree with each other as follows:
' ARTICLE 1
a) A description of the work is:
' Municipality of Kincardine, Kincardine to Inverhuron Provincial Park Trail (KIPP Trail),
Bruce Road 23 - Kincardine to Kinhuron Road, Contract 14241.
b) The Contractor shall, except as otherwise specifically provided, at their 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,
I
I A-2
a) Agreement
I b) Addenda
c) Special Provisions
d) Contract Drawings
I e) Information to Bidders
0Standard Specifications
g) Standard Drawings
I h) Form of Tender
i) Supplemental General Conditions
j) General Conditions
Ik) Working Drawings
ARTICLE 3
IThe 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
I assignment of any part or the whole of any monies due or to become due under the provisions of
this contract.
ARTICLE 4
I
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
I lump sum or unit prices after measurement approved by the Contract Administrator, the total
which is presently estimated to be the sum of
I Two Million, Two Hundred Nineteen Thousand, Four Hundred and Eight Three Dollars
and Zero Dollars ( $ 2,219,483.00 )
I 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.
IARTICLE 5
I Where any notice, direction or other communication is required to be or may be given or made
by one of the parties hereto to the other or to the Contract Administrator, it shall be deemed
sufficiently given or made if mailed or delivered in writing to such party or to the Contract
IAdministrator at the following address:
B. M. ROSS AND ASSOCIATES LIMITED
I
Engineers and Planners
62 North Street
Goderich, ON N7A 2T4
IWhere 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
Iany such notice, direction or other communications is given or made to such Agent, a copy
thereof shall likewise be delivered to the Contract Administrator.
I
' 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
contained made by the Owner shall be the only covenants and agreements upon which any rights
against the Owner may be founded.
ARTICLE 8
' Time shall be deemed the essence of this Contract.
ARTICLE 9
' The Contractor declares that in tendering for the works and in entering into this Contract, they
have either investigated the character of the work and all local conditions that might affect the
tender or the acceptance of the work, or that not having so investigated, 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 they did not and do 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 the obligations shall be upheld 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, 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 shall be upheld by the Contractor.
WHERE LEGALLY MANDATED, the Contractor shall have in place the necessary policies,
programs, information, instruction, plans and/or other supports that are consistent with their
' obligations and 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 they 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.
I
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A-4
ARTICLE 11
This contract shall apply to and be binding on the parties hereto and their successors,
administrators, executors and assigns and each of them.
IIN 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:
I Tr\j //\
�\ OW Ck a>G .
Signature ame Title Date
I/We have the authority to bind the corporation.
I1462,10.2„, /c_ pm hex &x u m a ri o k fi h' co ��Cirr,�1 )- )0 •
Signature Name Title Date
II/We have the authority to bind the corporation.
I
IFOR TH CONTRACTOR:
I gc-
� J�5 awr� zr 2 S 202 2
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.
I
IY:\Project_Mgmt_Resources\Forms_femplates\Contracts\Contract Documents\A 1-4-2021-01-01-fixed.docx
' Page 1
MUNICIPALITY OF KINCARDINE
NOTICE TO ALL CONTRACTORS
' CORPORATE STATEMENT
OCCUPATIONAL HEALTH AND SAFETY
The Corporation of the Municipality of Kincardine is committed to ensuring that a high standard
of health and safety is provided and maintained for all employees' visitors, guests, contractors,
' agents and others on our premises.
Accordingly, a corporate health and safety policy and procedure manual has been adopted and
' implemented and shall be adhered to.
' ALL CONTRACTORS SHALL:
1. Demonstrate establishment and maintenance of health and safety program with objectives
' and standards consistent with applicable legislation and with the Municipality of
Kincardine's health and safety policies and requirements.
Submit a copy of past accident records and Worker's Compensation Board Number.
3. Include health and safety provisions in their management systems to reach and maintain
consistently a high level of health and safety.
4. Ensure that workers in their employ are aware of hazardous substances that may be in use
at their place of work and wear appropriate personal protective equipment as may be
required.
' 5. Upon request at any time from award to completion of contract, submit proof of
fulfilment of above responsibilities.
6. Must comply with Workplace Safety Insurance Board (WSIB) premiums.
7. The Contractor shall sign-off on the corporate occupational health & safety form stating
' his agreement to comply.
Your co-operation and assistance in this matter is appreciated and vital to the Health and Safety
of all.
Z:\14241-Kincardine-Trail_Bruce_Rd_23\WP\Contract-Retender\KINCARDINE Health and Sa
I Page 2
MUNICIPALITY OF KINCARDINE
OCCUPATIONAL HEALTH AND SAFETY COMPLIANCE FORM
' I have read the "Municipality of Kincardine, Notice to All Contractors, Corporate Statement of
Occupational Health and Safety" and agree to comply with it.
cawba5 1-as r►�, c2r v I. L----01. r2 t.rufAry 2 s-f-1. / 2o2Z
Contractor's Name Date
I
Z:\14241-Kincardine-Trail_Bruce_Rd_23\WP\Contract-Retender\KINCARDINE Health and So
I
' CONTRACT RELEASE
(IN THE MATTER of a contract, known as Contract No.
(entered into between
( the Owner
1 AND
( the Contractor
(dated , 20
(for the construction of
(in , Ontario.
' KNOW ALL MEN BY THESE PRESENTS that I/We
(name of Contractor, in full)
' for and in consideration of other good and valuable consideration paid by the Owner, have
remised, released and forever discharged, and by these presents do for myself/ourselves, my/our
heirs, executors, administrators and assigns or successors and assigns, as the case may be,
' remise, release and forever discharge the Owner, its successors and assigns, of and from all
manner of action and actions, cause and causes of action, suits, debts, dues, sums of money,
claims and demands whatsoever at 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
may be, hereafter can, shall or may have by reason of the above-mentioned Contract, save and
except any claim which I/We have arising out of;
1) the retention by the Owner of the maintenance holdback of the Contract price; and
2) any sum retained by the Owner against the cost of uncompleted work; and
3)
(if none, state "none")
IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals.
SIGNED, SEALED AND DELIVERED )
Witness or Company Seal
Date
Y:\Project_Mgmt_Resources\Forms_Templates\Contracts\Contract Documents\Contract Release 18Aug9.docx
I
ISTATUTORY DECLARATION RE: LIENS, LIABILITIES & PAYMENT OF ACCOUNTS
DOMINION OF CANADA IN THE MATTER of(a contract,known as
IPROVINCE OF ONTARIO
entered into between( the Owner
AND( the Contractor
Idated( , 20
for the construction of(
I in( , Ontario.
TO WIT:
I, of in the
I Province of 1. That I am , do solemnly declare:
of the
(President, Secretary, Treasurer, a Partner, etc.)
IContractor named in the Contract above-mentioned and as such have personal knowledge of the
facts hereunder declared.
I 2. That the said Contractor has complied with the terms of the Construction Act, R.S.O. 1990, 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
1 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
I 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.
I 7. That all claims for damage to property or injury to persons of which the above-named Contractor
has received notice have been fully paid or settled, except for the following:
I Claimant Description of Amount of Amount Paid($)
Claim Claim($)
I
I (If there are no accounts, enter "NONE" above)
IZ:\14241-Kincardine-Trail_Bruce_Rd_23\WP\Contract-Retender\Statutory Declaration 18Aug9.docx Page 1 of 2
I
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". I
DECLARED before me at the of)
in the County of )
this day of )
A.D. 20 )
A Commissioner, etc. or Notary Public
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Z:\I4241-Kincardine-Trail_Bruce_Rd_23\WP\Contract-Retender\Statutory Declaration 18Aug9.docx Page 2 of 2
I
IArea under - 4..e, End
construction --.....„................_
----"" (1.-
Ls ''%j run
. • ,,,,,,, to. ed.,,,i';','''''' ,,,,,, ,,,,,,,,,,,,, ''''''''''
0
.._
IIII I r I „''''' • f A. ",, '
----------------- -----'"---...„.,------- --.--\. Barrier
4„tuii ,6,1•4,,,,,,, = ,,,,,,,,,,,,,, ,,,,,,,,,,,,,, =
End run
a 0 0:
, ,,,,,,,, Area under protection
I III Iii OM - ,.",,i';;;:;, ',:',', -',:--777-----
„,„„ ,,,,
,,,,,,, •se ,,,„
-..
„,,,,,, ,,,,,„„,,,,„,,ii•,,, „,,,,,,
I PERSPECTIVE VIEW
I ci) Direction of flow 6 c‘
/
I / r÷
.•"------__
I 2.3m max, Typ i 4
A
Main run 40m max
I PLAN
Stake
I I
Geotextile ii f gil %
E 300mm min
I .:
E of geotextile .•.• gel #
Direction E in trench •
.•••
of flow a .•••
o .: A_FO .
=> 00 Trench shall be wArtillr / r.
I backfilled and
I compacted .:
..
:.
.:
Original ground 1
w.
•,•.1:: .
0 / ; •'1 :
0 ,•, ,, . ::
I• CN
t '•4 ,:..::
.,:•:•!•:•!•:•!•:•!::
200 E JOINT DETAIL
I E E
o
o
cc
I SECTION A—A
NOTE:
I A All dimensions are in millimetres unless otherwise shown.
ONTARIO PROVINCIAL STANDARD DRAWING Nov 2021 I Rev I
I LIGHT-DUTY kW)
SILT FENCE BARRIER
I OPSD 219. 110
.., I
Area under End I
f•-•..4,
construction run Lee "",
Pio -----------. 1.4 V t
,.....,
P.Ot • ,,,,,,, ,,, ,,,,,,
L., - ,
Area under protection l'
i 'voter - ,,,,,',:"'•- ,,,,,,, -
I
PERSPECTIVE VIEW
I
A
) I
6, Direction of flow Or
A
2m max ...1 1-÷
I
A
Main run 40m max
Wire PLAN I
I •
..:
: .
:.,.
Geotextile ...
I
c
._ ...
(1011A,
E •-•300mm mi Metal 1—bar
n ••
Direction
pi
..
E of geotextile •
.•
i.:.
E in trench . . #F##j r I
of flow o :..
o ...
-•
1—> (s) Trench shall be ..
. . 441111,N AO backfilled and compacted ..
: .
4
.:. [Original ground
0•••••,* ''. -'.• 4 1 I
0 ,,,,,,•—'1 r..• : : %
c,r
f .
E
o
0 JOINT DETAIL I
(,0
SECTION A—A
v I
NOTE:
A All dimensions are in millimetres unless otherwise shown.
I
ONTARIO PROVINCIAL STANDARD DRAWING Nov 2021 !Rev I 1 so srAN
HEAVY—DUTY WIRE—BACKED 10)6 („ I
o,
P.4,._pok
SILT FENCE BARRIER
OPSD 219. 131
I
I
Direction of flow
IA
aes equally spacedStraw bales C Note 1
AA
tA
I J
I
. I . . . . . . .
1
1 I I L
PLAN C
I
Earth grode FLAT BOTTOM DITCH Note 2
Stakes driven flush Typ
I
Low point 1
Bottom of end bales `` r - Trench
1 of downstream row shall
be higher than the low I
point of flow check. d
y r r 1
Downstream bale position SECTION A—A
1 outlined.
Typ Direction of flow
Straw bales Stakes equally spaced C
Note 1
1 Bt I jk B
1 . . . . . ■ I . . . . IN
i
PLAN C
Earth grode V—DITCH
1 Stakes driven flush
Low point
I
Trench
1 SECTION B—B Bale ties shall not
Direction1 :›of flow / bwieth ground in contact
1 NOTES: lialla
1 Number of bales varies and shall suit ditch. 75 2 Straw bales shall be butted tightly against ram ■
adjoiningbales and shaped to conform to Trench shall be
1 P backfilled the sides of the ditch to prevent water flow comp actedand
through barrier. 1 275—
(0
A Fill and compact gaps with loose straw. SECTION C—C
1 B All dimensions are in millimetres unless otherwise shown.
ONTARIO PROVINCIAL STANDARD DRAWING Nov 2021 I Rev 13 iiiiik
I
STRAW BALE FLOW CHECK DAM W174-
OPSD 219. 180
I
Direction of flow 1
.g
r Fibre roll
A 0 i1 A 111
. • . • . . . . . . . .
i ki
1000 1 100--4- 1
PLAN I
Earth grade FLAT BOTTOM DITCH
Low point _
r 1 r Y
SECTION A-A
Direction of flow 1
'a
Fibre roll I
tr
Bc \J `/ ZB
1000 1 li 100 T
I
PLAN
Earth grade V—DITCH
Low point I
1
1
SECTION B-B I
NOTES:
A Refer to OPSD 219.120 Section A—A installation detail.
B All dimensions are in millimetres unless otherwise shown. I
ONTARIO PROVINCIAL STANDARD DRAWING Nov 2021 !Rev I 1 �cp grkvo
0 P %
S 1 111
FIBRE ROLL FLOW CHECK DAMS 4.4,._o,�
OPSD 219. 191 I
I
I i OAIl
lii► 111
- %�b.-
iiiui S�4 �a U
! S ���� + Crosswalk ,�,
`� marking, Typ E o
,n
1 '
Curb with gutter
Through street - as specified, Typ
I DOUBLE RAMP WITHOUT BOULEVARD RAMPS WITH BOULEVARD
IExpansion 19"
joint, Typ
I
.Ls'
�
I
ion The plates shall extend the entire width of
'. • '>) the sidewalk ramp at a minimum length of
7 610mm, in accordance with OPSD 310.039
•
I
S�
RAMP PLAN
r—Back of sidewalk
roplogigit
I Note 2
Gutter Note 3 Note 3
1 � 1.5m ( 1.22m min I 1.5m
Taper Dropped curb Taper
I
Dropped curb with RAMP ELEVATION
gutter as specified
integral with ramp, • Ramp — 2.0m min 1.2m min
Note 4
r150-200
I
Finished road • 1_ i —Slo•e 2% to 2.5%
Note —Slo•e 2% to 5%
surface •I `
d
-- 1 °
•
Expansion joint aggirmaamow
° Sidewalk Ramp
material, Typ 200mm min, Note 6
200mm min Tactile walking surface
indicator, OPSD 310.039 RAMP SECTION
I
NOTES:
1 Slope of ramp shall not exceed 8%.
2 Cross slope of ramp shall not exceed 2% in either direction.
I
3 Cross slope of flared side of ramp shall not exceed 8%.
4 Dropped curb at ramp shall be modified to eliminate 30 mm step at gutter line.
5 Minimum thickness of ramp is 200mm. Minimum thickness of sidewalk and flared sides
adjacent to ramp is 150mm.
IA All dimensions are in millimetres unless otherwise shown.
ONTARIO PROVINCIAL STANDARD DRAWING _ Nov 2019 I Rev I 1 Bravo
I CONCRETE SIDEWALK RAMPS AT ( 49 ,;-
UNSIGNALIZED INTERSECTIONS 1 OPSD 310.033
I
Length Varies I
Note 2
Plate with tactile walking
surface indicators
O4.®®®<>0.>4.t<>.
O®4. *>O, Note 3
OO OO OO OO OO OO OO OO OOIII
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0441 0A4 I*At 4 OAC.44 L.A110A
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114ii tItillrn<K14:041ff$,A‘WSKiir‘
<44tr.;.:4 i 8 b<>14 tS40,4$44r0".<:>;$43.41 04(>1E413 I
, <><><><> ° 0*G*** I
Detail A Vent, Note 1 Truncated dome
Typ Typ
PLAN
17 rnI I
ELEVATION Ribs as specified
by manufacturer I
55mm ±14mm
18mm ±6mm I 29mm ±7mm, typ
‘1-runcated Dome
/ \ I / \ _4mm +1 mm
55mm ±14mm f
L 5mm min
At Q
Q jA SECTION A-A I
DETAIL A I
NOTES: TRUNCATED DOMES PLAN
1 Vents shall be as specified by the manufacturer.
2 Length of plate may be increased to suit the curb depression width. I
3 Material of plate shall be as specified in Contract Documents.
A Adjacent cast iron plates shall be permanently connected using a locking
mechanism and any hardware shall be hot dipped galvanized. I
B All dimensions are in millimetres unless otherwise shown.
ONTARIO PROVINCIAL STANDARD DRAWING Nov 2019 I Rev I 1 40 sr4v\
N\
CONCRETE SIDEWALK RAMPS TACTILE � I
WALKING SURFACE INDICATORS �t_9
COMPONENT OPSD 310.039 I
MI MI 1 UN s- — IN NM MN M r — f OM MI Mr MI — M
PIPE IN SUPPORTED — -- PIPE IN UNSUPPORTED -- — PIPE IN SUPPORTED
EXCAVATION Finished surface N, EXCAVATION / Finished surface EXCAVATION
\ — Note 4, Typ Subgrade 0.50
Permanent __� _
w °�: or temporary \ - - -. .;. '"� _ - - -• '• _- ';.:-- _7- -
o~ support system -� = _'. " . Li 1 ` .'- ,• - -
.� Typ \%: :- _ c. • •_ :. 1 1 `.! ;E
o,a Backfill material f, 1
.m z 'I For pipe culvert frost treatment ' ,. 1.5 - -` Clearance
_ \ 300mm min Note 3
See table, Typ
Typ I
c 300mm min
o \ 0 00E
1-1-1 150mm \ : .. TYPE 1 OR 2 TY 3
min, Typ— SOIL SOILPE 0.50
Bedding grade Note 2
0.50
Note 2 PIPE IN SUPPORTED — — PIPE IN UNSUPPORTED
EXCAVATION EXCAVATION Finished surface
LEGEND:
0 - Inside diameter 1 — 0.50 Subgrade
MIN ' - -_i ��y.-.i .> _ -
NOTES: '-., =. ._- . .-
1 Height of fill is measured from the finished surface to top of pipe. ~. Q1 ,'%.'� 3
2 The pipe bed shall be compacted and shaped to receive the bottom 0 Backfill material
of the pipe. For pipe culvert frost
3 Pipe culvert frost treatment shall be according to OPSD 803.030 . treatment, Note 3
and 803.031. 1
4 Condition of excavation is symmetrical about centreline of pipe. Bedding grade CLEARANCE TABLE
A Granular material placed in the haunch area shall be compacted — 0.50 Pipe
0.5 0 TYPE 4 Inside Diameter Clearance
prior to placing and compacting the remainder of the embedment Note 2 SOIL mm
material. 900 or less 300
B Soil types as defined in the Occupational Health and Safety Act and Regulations Over 900 500
for Construction Projects.C All dimensions are in metres ONTARIO PROVINCIAL STANDARD DRAWING Nov 2014 I Rev 13 sTA4,
01111111bi,
unless otherwise shown.
FLEXIBLE PIPE
EMBEDMENT AND BACKFILL - ''�%
EARTH EXCAVATION OPSD 802.010
PIPE IN — — PIPE IN UNSUPPORTED PIPE IN UNSUPPORTED -- PIPE IN
SUPPORTED EXCAVATION EXCAVATION SUPPORTED
EXCAVATION / Finished surface \
EXCAVATION
Permanent or * ** *** *** **
temporary /1 a l l 1 1 Note 4, Typ
support 1 1 3 / Subgrade \ 3 1
a system, Typ � l / \
o \_ / / �� ��� \ f, -1 Overburden
L m Rock n �' T_T \/ \�.�t�W%/,,\;i�Iyy
'E, o surface N \ c,
=Z Typ o' 1; _ ; , 1 / ��' Backfill material a//._- I/
_ ► = For pipe culvert frost treatment �'\ t r" ��
.7//\/.7/� 1 J- __' ✓\•/ /ice/ '/>\y��i Note 3 i _'_, _
300mm min, Typ A Clearance
E • \ ' (I. See table
0 0 Note 5, T E a a/ • \ Typ
o E �I I Typ ~ I D . le
(.1' .I. . O
/ (; :I% r 150mm min E a
%I /i Typ w jl... I /�
2 L_ J \%L�,., _. :1
0.5D Bedding grade 0.50
Note 2 Note 2
ORIGINAL ROCK < 1200mm ABOVE ORIGINAL ROCK Z 1200mm ABOVE
TRENCH BOTTOM TRENCH BOTTOM
NOTES: LEGEND:
1 Height of fill is measured from the finished surface to top of pipe. O — Inside diameter
2 The pipe bed shall be compacted and shaped to receive the bottom
of the pipe. * — Type 1 or 2 soil
**
3 Pipe culvert frost treatment shall be according to OPSD 803.030 and 803.031. *** — Type 3 soil
4 Condition of excavation is symmetrical about centreline of pipe. — Type 4 soil
CLEARANCE TABLE
5 Embedment material shall be wrapped in non—woven geotextile when specified.
Pipe Clearance
A Granular material placed in the haunch area shall be compacted prior Inside Diameter mm
to placing and compacting the remainder of the embedment material. mm
B Soil types as defined in the Occupational Health and Safety Act and Regulations 900 or less 300
for Construction Projects. Over 900 500
C Fractured rock shall be treated as Type 1 soil. ONTARIO PROVINCIAL STANDARD DRAWING Nov 2014 I Rev I 3 n
D All dimensions are in metres FLEXIBLE PIPE
unless otherwise shown. y„v
EMBEDMENT AND BACKFILL - '
ROCK EXCAVATION OPSD 802.013
mis um mu r NM N M NM NM Ma MN r MI Mn NM la MI MN M
■N — NB — MI — I MI UN NS 1 I — — r — — 1 ION
Finished surface
Clearance
a Subgrade See table, T .
.c Earth or granular fill I D—
I I' For pipe culvert frost
=z j 300mm min treatment I a
Typ Note 3
1.5 I j I c
1�Typ D D E
1- 150mm min
TYp Original ground I .. w
i T
Original ground 0.5D ` Bedding grade 0.50
Note 2 Finished surface Note 2
PIPE INVERT ABOVE Subgrade—N, PIPE INVERT AT OR BELOW
ORIGINAL GROUND _ _ - I D—) .•_4 -_'`_ -. = _-= •• ORIGINAL GROUND
i f� 1. .. Note 4
.r. . �: - Rock fill
;i.. �•- For pipe culvert frost
r•- ---- '-"—� treatment
Note 3
0.5-
D Rock fill surface to be chinked prior
LEGEND: Bedding grade Note 2 to placing geotextile and bedding
0 — Inside diameter PIPE EMBEDMENT
NOTES: WITH ROCK FILL UNDER AND OVER THE PIPE CLEARANCE TABLE
Pipe Clearance
1 Height of fill is measured from the finished surface to top of pipe. Inside Diameter mm
2 The pipe bed shall be compacted and shaped to receive the bottom of the pipe. mm
3 Pipe culvert frost treatment shall be according to OPSD 803.030 and 803.031. 900 or less 300
4 Embedment material shall be wrapped in non—woven geotextile when specified. Over 900 500
A Granular material placed in ONTARIO PROVINCIAL STANDARD DRAWING Nov 2014 I Rev 13 sT44,
the haunch area shall be
compacted prior to placing and FLEXIBLE PIPE EMBEDMENT compacting the remainder of V,* 310the embedment material. IN EMBANKMENT ' ''
B All dimensions are in metres ORIGINAL GROUND: EARTH OR ROCK
unless otherwise shown. OPSD 802.014
APPENDIX A
PERMITS AND APPROVALS
1
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1
1
1
II+' Fisheries and Oceans Peches et Oceans
Canada Canada
' Central&Arctic Region Fish and Fish Habitat Region du Centre et de l'Arctique
Programme de la protection
Protection Program du Poisson et de son habitat
867 Lakeshore Road 867 Lakeshore Road
Burlington,ON L7S 1A1 Burlington,ON L7S 1A1
May 21, 2020
' Our file Notre reference
20-HCAA-00525
IAdam Weishar, Director of Public Works
Municipality of Kincardine
1475 Concession 5, R. R. #5
Kincardine, ON N2Z 2X6
Subject: Culvert Extensions, Multiple watercourses, Bruce Road 23, Kincardine,
' ON
Dear Mr. Weishar:
The Fish and Fish Habitat Protection Program (the Program) of Fisheries and Oceans
Canada(DFO) received your proposal on March 10th, 2020. We understand that you
propose to do the following:
• Extend a total of 21 culverts in order to construct a trail along the west side of
Bruce Road 23, Kincardin, from 300m north of Maccaskill Road to Kinhuron
' Road.
• The existing culverts average approximately 20m in length and the extensions
1 are 4m—6.6m long and match existing culvert diameters.
While the majority of these culverts only convey nearby surface runoff, five of the
watercourses convey more area drainage, including one watercourse defined as a
municipal drain.
Our review considered the following information:
• Request for Review form and associated documents submitted electronically
[March 10th, 2020] by Kelly Vader, B. M. Ross and Associates Limited.
Your proposal osal has been reviewed to determine whether it is likely to result in:
• the death of fish by means other than fishing and the harmful alteration,
disruption or destruction of fish habitat which are prohibited under
subsections 34.4(1) and 35(1) of the Fisheries Act; and
.../2
Canada
i
20-HCAA-00525 - 2 -
• effects to listed aquatic species at risk, any part of their critical habitat or the
residences of their individuals in a manner which is prohibited under sections
32, 33 and subsection 58(1) of the Species at Risk Act. 111
The aforementioned impacts are prohibited unless authorized under their respective
legislation and regulations.
To avoid and mitigate the potential for prohibited effects to fish and fish habitat(as listed
above), we recommend implementing the measures listed below:
• Plan in-water works, undertakings and activities to respect timing windows to
protect fish, including their eggs,juveniles, spawning adults and/or the
organisms upon which they feed and migrate ;
• To the greatest extent possible, avoid disturbing or removing aquatic
vegetation, natural wood debris, rocks, sand or other materials from the banks,
shoreline or the bed of the waterbody;
• Culvert extensions should be embedded a minimum of 10%their height to
allow upstream fish passage, for those watercourses demonstrating a high
likelihood of containing fish(eg. Culvert#'s 19 and 21);
• Develop and implement an erosion and sediment control plan to avoid the
introduction of sediment into any waterbody during all phases of the work,
undertaking or activity;
• Develop and implement a response plan to avoid a spill of deleterious
substances.
Provided that you incorporate these measures into your plans,the Program is of the view
that your proposal will not require an authorization under the Fisheries Act, the Aquatic
Invasive Species Regulations or the Species at Risk Act.
Should your plans change or if you have omitted some information in your proposal, '
further review by the Program may be required. Consult our website (http://www.dfo-
mpo.gc.ca/pnw-ppe/index-eng.html) or consult with a qualified environmental consultant
to determine if further review may be necessary. It remains your responsibility to remain
in compliance with the Fisheries Act, the Species at Risk Act and the Aquatic Invasive
Species Regulations.
It is alsoyour Du to Noti DFO if you have caused, or are about to cause, the death of
�' .fY
fish by means other than fishing and/or the harmful alteration, disruption or destruction of
fish habitat. Such notifications should be directed to (fisheriesprotection Jdfo-
mpo.gc.ca).
We recommend that you notify this office at least 10 days before starting your project i
and that a copy of this letter be kept on site while the work is in progress. It remains your
.../3
20-HCAA-00525 - 3 -
' responsibility to meet all other federal, territorial, provincial and municipal requirements
that apply to your proposal.
If you have any questions with the content of this letter, please contact Stephen Haayen at
905-336-4907, or by email at stephen.haayen�dfo-mpo.gc.ca. Please refer to the file
number referenced above when corresponding with the Program.
' Yours sincerely,
I `
Stephen I, Haayen
Biologist
Fisheries and Oceans Canada ; Government of Canada
867 Lakeshore Road. Burlington ON L7S 1A1
Stephen.haayenadfo-mpo.gc.ca
905-336-4907 or 705-875-5613 Cell;
Stephen J. Haayen
Biologiste
Peches et Oceans Canada cic,uvernerneat do Canada
867 Chemin Lakeshore Burlington ON i 7 S I A,
Telephone: 905 336-49)7 et 1 5-375 36; < < 1,
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Ontario
' Ministry of Natural Resources and Forestry Ministere des Richesses naturelles
et des Fortis
Midhurst District Office Bureau de district Midhurst
' 2284 Nursery Road 2284 rue Nursery
Midhurst, ON, L9X 1N8 Midhurst, ON, L9X 1N8
Tel: 705-725-7500 Tel: 705-725-7500
' Fax: 705-725-7584 Telec: 705-725-7584
' June 9, 2021
B.M. Ross and Associates Ltd.
' 62 North Street
Goderich, ON
N7A 2T4
Attention: Kelly Vader
Subject: Licence to Collect Fish for Scientific Purposes#1098468
Dear Kelly:
' Please find enclosed your Licence to Collect Fish for Scientific Purposes as requested.
Please sign the Licence and the Conditions page immediately upon receipt and fax
(519) 372-3305 or scan/email to midhurstinfo(r�ontario.ca a signed copy of the Licence
' and Conditions.
Please note that this approval allows for the collection of fish and is not an approval to
do in-water work for the duration of the licence term. Please visit our website to
determine the timing window for in-water work for your project. If you are hoping to
deviate from the prescribed in-water work timing window you will require prior approval
from the Ministry of Natural Resources and Forestry. Please forward such requests to
midhurstinfoontario.ca.
As per condition # 19, mandatory report forms documenting the sampling conducted
under this licence must be submitted to the licence issuer within 30 days of the
termination date, but in no case later than January 31 next following the year of issue.
Condition # 19 now requires you to submit the Mandatory Report (Part 1), the Site
' Collection Reports (Part 2) and site maps electronically by email to
midhurstinfo ontario.ca. The most recent electronic report form is attached in this
email for your use. Please ensure you use this form.
1 The electronic report form attached includes Part 1 and Part 2. Please make sure to
complete all mandatory fields indicated on the form. In addition to those indicated with
an *, please include "Sampling Date" and "Gear Type". Although not indicated as
mandatory on the form, this information is required. Also included is a tool to embed (or
electronically attach) a map to the collection record (Part 2).
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1
If you have any questions, please send an email to midhurstinfona ontario.ca. ,
Yours truly,
561e441
Shari Haak
Resources Clerk— Midhurst District '
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® Ministry of Licence No.
Ontario NatreralR•eources Licence to Collect Fish for Scientific Wdepemtts
Ministers des Purposes 1098468
Richeusss naturelles
Lod Reference No.
Permis pour faire Ia collecte de N°de reference local
I poissons a des fins scientifiques MH2O21-00095
Issuer Account Nm
le de crenate du ddivretr de
This licence is issued under Pail I of the Fish Licensing Regulation made under the Fish and Wildlife Conservation
Act,1997 to: 10003100
Ce permis eat dr livre en vertu de Ia Partie I du reglement sur la delivrance de permis de Oche fonnule confonnement a Ia Loi sur Ia protection du poisson et de Ia
faune de 1997 3:
' Name of Last Name/Nom de tamale First Name/Pntnorn Middle Name/Second Prtnom
Nom du tiddaire Vader !Kelly I
du parmisI Name of BusinessK)rganization/Aftdiation(if applicable)I Nom de I'enlreprise/de I'organisme/de I'aftiliation(le cas dchdant)
B.M. Ross and Associates Ltd.
Miring Ids of Street Name S NoJP0 eodRRMMxn.De1J N°rue/C.P./RR/poete resmnte
USINICOO
IAdr.aee le du 62 North Street
ifufahs duPenni* City/Town/Munidpality/Ville/village/municipalite Province/State Postal Code/Zip Code
Province/Etat Code Postal/Zip
Goderich ON N7A 2T4
to collect the species,size and quantites of fish from the waters as set out below.
Pour faire la collecte des especes suivantes(stade et nombre indiques ci-dessous):
I Epecies
Eggs Juvenile Adults Numbers Name of Waterbady
Oeuf Frefin Adults Nambre Nom de retendue eau
X X X
All fish species encountered X X Unnamed tributaries of Lake Huron and Russel Drain,
I
Bruce County as described within Schedule A.
I
I
YesMui
❑ Additional species/Waterbodyiist attached/Liste d'espr~ces/d'mfendue d'eau additionnelles ctjante
I
Purpose°f Fish rescues for culvert replacement.
collection
But de la collects
I
Licence Dates du tes Effective Date/Date d'enfrde en vigueur Expiry Date/Date d'expiration
(YYYY-MM-DD) (YYYY-MM-DD)
2021-06-08 I 2021-12-31
I Licence conditions This licence is subject to the conditions contained in Schedule A if induded./Ce permis dolt respecter les conditions de!'annexe A st celled est joints.
Y°e/Oi' No/NonSchedule A included.I Annexe A ciyointe
P'"me ® ❑
1 Issued by(pease print) Signature of issuer/Signature du dslivreur Date of Issue/Date de dtlivrance
Moe per(voiles dabs en caracttres d'Impdmerie)
Julie Simard-Resource Operations Supervisor I Si"(1219 (YYYY-MM-DD)
I 2021-06-08 I
1 Slgratuie of licences/Signature du auere du permis Date
i / (YYYY-MM-DD)
", � / I Y 2021-06-09 I
su Plumes fr tlinea.rea(tor
1has collected under
oar au M icy oftutng dund Wildlife Conservation Act,1997 and of be used for the purpose of roenang,'clarification,enforcement,resource management and antomer service
1
Les rtrsso�de posonnels sondage Ill la es ce services as d clientele.y WNW t�es at Lot
ec le wra protection
f du dbafctddu MRN r poisecmed Mimi lele fauns.
penne 997.a van eves dont dn questions.
els aux fins de ddivranoe de penrss,fldentttde n.d'appiratian des iodenrenb,de Beaton
i
FW0032 (04/00)
Licence to Collect Fish for Scientific Purposes '
Schedule A - Licence Conditions
Licence No.: 1098468 ,
This licence is subject to the conditions listed below. I
1. This licence is valid only for the person(s), species, number(s), and date(s) indicated.
2. Licensee may collect fish in the following location(s): Unnamed tributaries of Lake Huron ,
and Russel Drain, Bruce County
Culvert 4 coordinates 44.198691, -81.621889 111
Culvert 12 coordinates 44.212884, -81.614134
Culvert 14 coordinates 44.217231, -81.610784
Culvert 19 coordinates 44.225099, -81.605495
Culvert 21 coordinates 44.228300, -81.603290
Culvert 24 coordinates 44.234363, -81.602236
3. Licensee may be assisted by: Kelly Vader, Rebecca Adams, Peter Postma, Andrew ,
McGarvey, Jeff Jones, Nic Gowing, Colin Van Niejenhuis, David Crevier and Tyler Millar.
Any changes to assistants must be confirmed in writing.
4. A signed copy of the original licence shall be carried by the licensee(s) or designated ,
assistant(s) and be on the permitted site(s) at all times.
5. This licence is not valid in Provincial Parks, Conservation Reserves, or National Parks
without the written permission from the authorized person in charge of the area concerned.
6. This licence does not allow access to any property without permission of the landowner.
COLLECTION:
7. Licensee may collect with the following gear: seine nets, dip nets and buckets
8. All collection gear shall be inspected regularly and live holding traps must be inspected at
least once daily.
9. All field equipment must be de-contaminated prior to use on each water body in order to
prevent the spread of exotic species and disease. ,
10. Any collection gear left unattended at the end of each sampling day at the designated
site(s) shall be clearly marked with the licensee's contact information. If blocker nets are
used, they shall be removed from the watercourse immediately following completion of in-
water work.
11. The licensee shall follow the best management practices for the collection, handling, ,
transportation and holding of fish identified in the Fisheries Policy Section Technical
Bulletin, Best Management Practices (December 15, 2011) included with the licence to
minimize the risk of spreading aquatic invasive species and diseases. ,
Signature of Licensee Date
2021-06-09
Paae 1 of 3 111
I
' Licence to Collect Fish for Scientific Purposes
Schedule A - Licence Conditions
' Licence No.: 1098468
12. Due to potential spawning activity by spawning salmonids visual inspection of all sampling
areas should be done prior to sampling with the electrofisher or seine nets. Should
spawning activity or redds be observed all sampling must be stopped in order to prevent
disturbance to the fish and habitats.
13. Subject to Condition 14 regarding Invasive Species, the licensee shall release all
specimens live into suitable habitat immediately outside of the removal area with the
exception of any specimens required for identification purposes.
INVASIVE SPECIES
14. Any person, while acting under the authority of this licence, shall immediately euthanize
1 and not return to the water or the habitat area any species listed as prohibited or
restricted under the Prescribed Species Lists (Ontario Regulation 354/16) or any other
invasive species, unless otherwise specified in an authorization issued under the Invasive
' Species Act, 2015. Any other non-native or invasive species captured outside of their
established range (not already naturalized) shall be euthanized and not returned to the
water or the habitat area. All euthanized specimens shall be disposed of appropriately so as
to ensure they do not re-enter the natural environment.
SPECIES AT RISK
15. Unless specifically authorized by a separate Endangered Species Act (ESA) authorization
(i.e. Registry or permit) and/or Federal Species at Risk Act (SARA) permit, no person shall
attempt to catch a Species at Risk.
16. Unless specifically authorized by a separate Endangered Species Act(ESA) authorization
(i.e. Registry or permit) and/or Federal Species at Risk Act (SARA) permit, sampling must
' cease immediately in an area when a Species at Risk is caught.
17. Unless specifically authorized by a separate Endangered Species Act, 2007, authorization
' (i.e. Registry or permit) and/or Federal Species at Risk Act, 2002, permit, any species at
risk that are incidentally captured must be photographed and immediately released alive at
the point of capture. The photographs, including capture coordinates and date caught, must
be forwarded to the Ministry of the Environment, Conservation and Parks at
SAROntarioCa.ontario.ca.
a. All aquatic species at risk records and data must also be reported to the Ministry
of Natural Resources and Forestry Natural Heritage Information Centre on the
appropriate form at: https://www.ontario.ca/environment-and-enerqv/naturai-
heritage-information-centre.
REPORTING:
Signature of Licensee Date
2021-06-09
Page 2 of 3
I
Licence to Collect Fish for Scientific Purposes '
Schedule A - Licence Conditions
Licence No.: 1098468 '
18. Sampling locations must be reported using GPS location data using: Projection: Universal
Transverse Mercator (UTM); Datum: North American 1983 (NAD83), Canadian '
Transformation (CNT); Zone: 17N; Units: Metres.
19. A Mandatory Report documenting the sampling conducted under this licence must be
submitted to the Midhurst District MNRF office (at midhurstinfo@ontario.ca) within 30 days
of the termination date, but in no case later than January 31 next following the year of
issue. The report shall include:
a. The Mandatory Report form (Part 1), completed for each sampling program and
the site;
b. For each collection site, a digital Site Collection Report (Part 2) and an
accompanying map clearly indicating the location of the collection site. ,
I
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1
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I
Signature of Licensee Date
2021-06-09
I
I
I
ILicence to Collect Fish for Scientific Purposes #1098468
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" BMROSS 'i. BRUCE ROAC_3 BIKE TRAIL,i,.A.SE:Ai :.
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Sent via electronic mail
September 16,2021
Municipality of Kincardine c/o Adam Weishar
' 1475 Concession 5
Kincardine, ON
N2Z 2X6
1 Dear Mr. Weishar:
' RE: Application to Alter a Watercourse
Bruce Rd.23,Concession 5 to Concession 9
Project Locations 10, 11, 12, 13, 14, 15, 19, 21,and 24 on plan titled Municipality of Kincardine—
' Bruce Road 23 Bike Trail(phase 2A).
Lots 25-40, Lake Range
Geographic Township of Kincardine
Municipality of Kincardine
SVCA Permit No. 21-266
The Saugeen Valley Conservation Authority(SVCA) has approved your application to construct a trail and
' extend existing culverts west of Bruce Road 23, and for related grading, as indicated on the enclosed
permit. 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 the project
and please notify the SVCA.
' Fisheries Act
In the past, Conservation Authorities served as the first point of contact and the local service provider for
' review of Section 35 of the previous version of the Fisheries Act, and had entered into agreements with
Fisheries and Oceans Canada to facilitate this process. Changes to the Fisheries Act effective November 25,
2013, have resulted in the cancellation of these agreements. It is now the responsibility of the proponent
' to contact the Department of Fisheries and Oceans at 1-855-852-8320 or http:/www.dfo-mpo.gc.ca/pnw-
ppe/index-eng.html to ensure their project addresses the Fisheries Act.
' Right to Hearing
In accordance with Section 28(12)of the Conservation Authorities Act, permission required under Ontario
' Regulation 169/06, as amended, shall not be refused or granted subject to conditions unless the person
requesting the permission has been given the opportunity to require a hearing before the Authority or, in
the case of the SVCA, before the authority's Executive Committee.
Conservation
ONTARIO
I
Municipality of Kincardine 111
Bruce Rd. 23 Trail
SVCA Permit 21-266
September 16, 2021
Page 2 of 2 ,
After holding a hearing under Section 28(12),the SVCA Executive Committee shall,
(a) refuse the permission; or I
(b) grant the permission,with or without conditions
After the hearing,the SVCA Executive Committee provides the person who requested permission written
reasons for the decision. If the person is refused permission or objects to conditions imposed on the
permission,the person may appeal to the Minister of Natural Resources within 30 days of receiving the
reasons for the refusal. 111
Conclusion
This SVCA permit indicates the proposed works are acceptable and approved by SVCA associated with
Ontario Regulation 169/06,as amended. Should other works be proposed in the SVCA's Regulated Area
and do not indicated as approved in the attached permit,the SVCA should be contacted as permission may
be required. Permission from the SVCA may be required for maintenance works in the future please note at
or on the slope or shoreline.
Drinking Water Source Protection ,
The subject property appears to SVCA staff to be partially located within an area that is subject to the local
Drinking Water Source Protection Plan.To confirm, please contact Carl Seider(rmo@greysauble.on.ca). '
Thank you for your cooperation. Should you have any questions, please do not hesitate to contact Erik
Downing of this office. 111
Yours sincerely,
Erik Downing
Manager, Environmental Planning and Regulations ,
Saugeen Conservation
ED/
Encl.
cc: Don Huston, Kincardine, via email
Maureen Couture, Authority Member, SVCA,via email
Bill Stewart,Authority Member,SVCA,via email
I
PERMIT NO. 21-266
��1 PERMIT
AUGEEN IConservation
€OlSE°PATIO Authorities Act, R.S.O., 1990,Chap.C27
.'
1078 Bruce Rd.12,P.O.Box 150
Formosa ON NOG MO SCHEDULE 1 OF 2
1 THIS PERMIT ISSUED ON September 16, 2021 AND EXPIRES ON September 16, 2022
Permit for Major Works Permit for Minor Works X Permit for Standard/Other Works
I PERMIT TO: X Alter a Watercourse
X Place Fill or do Grading in a Regulated Area
Construct a Building in a Regulated Area
Construct a Structure in a Regulated Area
IIn accordance with Regulation 169/06 and amendments thereto,permission is granted to:
Name: Municipality of Kincardine c/o Adam Weishar
IMailing Address: 1475 Concession 5 Municipality: Kincardine, ON
IPostal Code: N2Z 2X6 Phone No.: 519-385-0007
IFor the following works: To reconstruct a trail along west side of Bruce Rd. 23,and for related grading and culver
extensions.
Iat Part Lot: 25-40 Civic No.: West of Bruce Rd. 23
IConcession: Lake Range Municipality: Municipality of Kincardine
(Geographic Township of
I
Kincardine)
for the period of: See Schedule 2
ISUBJECT TO THE SPECIFIC CONDITIONS STATED IN SCHEDULE 2 TO THIS PERMIT:
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
I
SVCA AND YOU MUST NOT BEGIN YOUR PROJECT.
GENERAL CONDITIONS:See reverse side of this form.
I
Manager Environmental Planning and Regulations
I Signature of Authority Official Title
IMPORTANT!Read the reverse of this form
1
1
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. 1
2. This permit is valid only for the time period specified and the applicant agrees to request an extension from 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 1
(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; 1
(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 1
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.O, 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. '
i
1
PERMIT NO. 21-266
SCHEDULE 2 OF 2
' APPLICANT: Municipality of Kincardine c/o Adam Weishar
' SPECIFIC CONDITIONS:
1. Construction of a recreational trail within the existing road allowance, west of Bruce Road 23, and for related
grading and culvert extensions shall be in accordance with the application dated August 20, 2021, report dated July
' 13, 2020 by BMross titled Bruce Rd.23—Kincardine Trail Construction, locations 10, 11, 12, 13, 14, 15, 19, 21,and 24
on plan titled Municipality of Kincardine—Bruce Road 23 Bike Trail(phase 2A).
2. In water works,if necessary, shall occur between June 15 and September 30 where possible. If an extension to this
' time period is necessary SVCA staff shall be contacted and an extension may,or may not, be available to this in
water works window. Location 19 is specifically of interest at the Russel drain when works should occur before in
water works timing closes for winter. October 15, 2021 would be the latest this component of the project should
' complete.
3. Appropriate sediment control measures (silt fencing,straw bales, rock check dams)shall be used and properly
maintained always to prevent the movement of sediment and shall remain in place during construction until all
exposed areas on the site have been re-vegetated with native vegetation. No sediment shall be permitted to reach
Lake Huron or surrounding properties.
4. It is the responsibility of the Applicant(Municipality of Kincardine c/o Adam Weishar)to ensure that any
' contractor(s) hired for construction are aware of this permit and its conditions.
5. No works shall be undertaken on lands other than those owned by the applicant without the permission of those
owners.
6. Once started,the work shall be done as quickly as possible.
7. All activities, including equipment maintenance procedures,shall be controlled to prevent the entry of petroleum
products,debris or other deleterious substances into the watercourse. Refueling and maintenance of equipment
shall be conducted at least 30 metres from the wetland/watercourse.
111
8. Should groundwater, pressurized or otherwise, be contacted during the proposed works there shall be a plan
implemented to outlet this dewatered groundwater to an appropriate outlet that will not impact surrounding
property owners.
9. This permit grants permission to construct a recreational trail within the existing road allowance, west of Bruce Road
23, and for related grading. Should any other work be proposed in the Regulated Area,the SVCA shall be contacted,
as permission may be required.
1
bBMROSSengineering better communities
B. M. ROSS AND ASSOCIATES LIMITED
Engineers and Planners
62 North Street; Goderich, ON N7A 2T4 File No. 14241
p (519)524-2641 www.bmross.net
March 3, 2022
Adam Weishar
Director of Infrastructure and Development
Municipality of Kincardine
1475 Concession 5, R. R. 5
Kincardine, ON N2Z 2X6
RE: Kincardine to Inverhuron Provincial Park Trail(KIPP Trail),
Bruce Road 23 - Kincardine to Kinhuron Road
Enclosed are three copies of the above noted contract signed by Roubos Farm Services
Ltd., along with the Performance Bond, Labour and Material Payment Bond, Certificate of
Insurance and WSIB Certificate.
Please have all three copies signed on Page A-4 and forward one copy to Roubos, one
back to us, and keep one copy for your files.
Thank you.
Yours very truly
B. M. ROSS AND ASSOCIATES LIMITED
Per
Dale Erb, P. Eng.
DLE:hv
Encl.
Z:A14241-Kincardine=Trail Bruce Rd 23\WP\14241-2022-03-03-TenderSigning-Municipality 1,et-190ctl.docx
GODERICH MOUNT FOREST SARNIA
WANDALAFORM
CSIO CERTIFICATE OF LIABILITY INSURANCE
This certificate is issued as a matter of information only and confers no rights upon the certificate holder and imposes no liability on the insurer.
This certificate does not amend,extend or alter the coverage afforded by the policies below.
`CERTIFICATE HOUR-NAME AND MAILING ADDRESS ■INSURED'S FULL NAIL AND MAILING ADDRESS --1'1
The Municipality of Kincardine Roubos Farm Services Ltd I
1475 Concession Rd 5 do Rick Roubos
Kincardine,ON 6297 Wellington Rd 109 S, RR3
T ODE N2Z 2X6 Harriston,ON OSE LNOG 1Z0
DESCRIPTION OF OPERATIONS/LOCATIONS/AUTOIAOBILES/SPECIAL ITEMS TO WHICH THIS CERTIFICATE APPLIES(MR only with respect to the operations of the Named Insured)
Kincardine to Inverhuron Provincial Park Trail(KIPP Trail)Bruce Road 23-Kincardine to Kinhuron Road
SEE ATTACHED REMARKS OVERFLOW
COVERAGES
This is to certify that the policies of insurance listed below have been issued to the insured named above for the policy period indicated notwithstanding any requirements,terms
or conditions of any contract or other document with respect to which this certificate may be issued or may pertain. The insurance afforded by the policies described herein is
subject to all terms,exclusions and conditions of such policies.
LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
-1
EFFECTIVE EXPIRY LIMITS UABILITY
INSURANCE COMPANY (Canadian dollies unless Indicated otherwise)
TYPE OF INSURANCE DATE DATE
AND POLICY NUMBER AMOUNT OF
YYYY/MWDD YYYY/MMIDD COVERAGE DED• INSURANCE
COMMERCIAL GENERAL UABILITY
COMMERCIAL GENERAL LIABILITY BODILY INJURY AND PROPERTY DAMAGE
LIABILITY -GENERAL AGGREGATE 1,000 7,000,000
CLAIMS MADE OR $i OCCURRENCE ! -EACH OCCURRENCE 1,000 7,000,000
X PRODUCTS AND/OR COMPLETED OPERATIONS Aviva Insurance Company Of Canada AGGREGATE
AND COMPLETED OPERATIONS' I
❑EMPLOYER'S LIABILITY S1646731 2021/4/22 2022/4/22 _ 7,000,000'
,000,000
X CROSS UABILITY I PERSONAL INJURY LIABILITY
OR 1 7,000,000
PERSONAL AND ADVERTISING INJURY
�X
MEDICAL PAYMENTS 50,000
X TENANTS LEGAL LIABILITY TENANTS LEGAL LIABILITY ' - 1,000 1,000,000
POLLUTION LIABIUTY EXTENSION POLLUTION LIABIUTY EXTENSION '
X NON-OWNED AUTOMOBILES Aviva Insurance Company Of Canada 2021/4/22 2022/4/22 NON OWNED AUTOMOBILE 2,000,000
AUTOMOBILE
ul HIRED AUTOMOBILES S1646731
LIABILITY BODILY INJURY AND PROPERTY .
X DESCRIBED AUTOMOBILES DAMAGE COMBINED
'I ALL OWNED AUTOMOBILES Aviva Insurance Company Of Canada 2022/1/25 BODILY INJURY (PER PERSON) -- —-
LEASEDAUTOMOBILES•- '6741271487 2023/1/25 - - -- - - - -
BODILY INJURY (PER ACCIDENT) 5,000,000
--ALL AUTOMOBILES LEASED IN EXCESS OF
30 DAYS WHERE THE INSURED IS REQUIRED 'PROPERTY DAMAGE5,000,000,
TO PROVIDE INSURANCE
EXCESS LIABILITY EACH OCCURRENCE 10,0001 3,000,000
X UMBRELLA FORM Aviva Insurance Company Of Canada 2021/4/22 2022/4/22 AGGREGATE 3,000,000
X Umbrella S1646731
Products Completed Aggregate 3,000,000
OTHER LIABILITY (SPECIFY)
E
LI
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CANCELLATION
Should any of the above described policies be cancelled before the expiration date thereof,the issuing company will endeavor to mail 30 days written notice to the
certificate holder named above,but failure to mail such notice shall impose no obligation or liability of any kind upon the company,its agents or representatives.
01
BROKERAGE/AGENCY FULL NAME AND MAILING ADDRESS II ADDITIONAL INSURED NAME AND MAILING ADDRESS
(but only with respect to the operations of the Named Insured)
NFP Canada Corp. The Municipality of Kincardine
181 Toronto Street South 1475 Concession Rd 5
Markdale,ON KKincardine,ON
POSTAL NOC1 HO
CODE
POSTAL N2Z 2X6
BROKER CLIENT ID:ROUBFAR-01 CODE
illCERTIFICATE AUTHORIZATION
ISSUER NFP Canada Corp. CONTACT NUMBER(S)
TYPE Phone No.(519)986-3250 TYPE Fax No.(519)986-4651
AUTHORIZED REPRESENTATIVE Garett Hawkins TYPE NO. TYPE NO.
SIGNATURE OF _� DATE 2022/2/24 EMAIL ADDRESS garett.hawkins@nfp.ca
AUTHORIZED REPRESENTATIVE/ - { -
CSIO C0910ECL-CERTIFICATE OF LIABILITY INSURANCE-2010/09 02010,Centre for Study of Insurance Operations. AWI rights reserved.
WANDALAFORM
CSIO CERTIFICATE OF LIABILITY INSURANCE
This certificate is issued as a matter of information only and confers no rights upon the certificate holder and imposes no liability on the insurer.
This certificate does not amend,extend or alter the coverage afforded by the policies below.
illCERTIFICATE HOLDER-NAME AND MAILING ADDRESS INSURED'S FULL NAME AND MAILING ADDRESS
B.M. Ross and Associates Limited Engineers and Planners IRoubos Farm Services Ltd
62 North St do Rick Roubos
Goderich,ON 6297 Wellington Rd 109 S, RR3
00 A`N7A 2T4 1Harriston,ON POSTAL 1Z0
DESCRIPTION OF OPERATIONS/LOCATIONS/AUTOMOBILES/SPECIAL ITEMS TO WHICH THIS CERTIFICATE APPLIES(but only with respect to 1M operations of the Named Insured)
'Kincardine to Inverhuron Provincial Park Trail(KIPP Trail) Bruce Road 23-Kincardine to Kinhuron Road
SEE ATTACHED REMARKS OVERFLOW
COVERAGES
This is to certify that the policies of insurance listed below have been issued to the insured named above for the policy period indicated notwithstanding any requirements,terms
or conditions of any contract or other document with respect to which this certificate may be issued or may pertain. The insurance afforded by the policies described herein is
subject to all terms,exclusions and conditions of such policies.
LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
UNITS OF LIABILITY
INSURANCE COMPANY EFFECTIVE EXPIRY (Canadian dollers unless Indicated attwrwbs)
TYPE OF INSURANCE AND POLICY NUMBER DATE DATE AMOUNT OF 1
YYYY/MM/DD YYYY/MM/DD COVERAGE BED. INSURANCE
COMMERCIAL GENERAL LIABILITY
COMMERCIAL GENERAL LIABILITY BODILY INJURY AND PROPERTY DAMAGE
UABILITY -GENERAL AGGREGATE 1,000. 7,000,000
7,000,0001
PRODUC
T UABILITY 2021/4/22 2022/4/22
-EACH OCCURRENCE
D/OR OP
ERATIONS RATIONSAvivaInsuranceCompanyOfCanada AGGREGATE
S1646731DCOMPLE DOPERATIIONS 1,000 7,000,000
EMPLOYER'S
S1646731 /
X CROSS LIABILITY I , PERSONAL INJURY LIABILITY
OR PERSONAL AND ADVERTISING INJURY 7,000,000
X UABILITY
' MEDICAL PAYMENTS 50,000.
TENANTS LEGAL LIABILITY 1,000I
X TENANTS LEGAL LIABILITY �. 1,000,000'
POLLUTION LIABILITY EXTENSION POLLUTION LIABIUTY EXTENSION
X NON-OWNED AUTOMOBILES Aviva Insurance Company Of Canada 2021/4/22 2022/4/22 NON OWNED AUTOMOBILE 2,000,000
D HIRED AUTOMOBILES S1.646731 / !
AUTOMOBILE LIABILITY BODILY INJURY AND PROPERTY
X DESCRIBED AUTOMOBILES 'DAMAGE COMBINED
Li ALL OWNED AUTOMOBILES Aviva Insurance Company Of Canada BODILY INJURY (PER PERSON)
LEASED AUTOMOBILES 2022/1/25 2023/1/25
n
,� 6741271487 BODILY INJURY (PER ACCIDENT) 5,000,000
"ALL AUTOMOBILES LEASED IN EXCESS OF --
I
30 DAYS WHERE THE INSURED IS REQUIRED - 5,000,000
TO PROVIDE INSURANCE PROPERTY DAMAGE
EXCESS UABILITY • EACH OCCURRENCE 10,000 3,000,000
X UMBRELLA FORM Aviva Insurance'Company Of Canada 2021/4/22 , 2022/4/22 AGGREGATE - 3,000,000
X Umbrella S1646731
Products Completed Aggregate 3,000,000
OTHER ER LIABILITY (SPECIFY) 1
Li
,
CANCELLATION
Should any of the above described policies be cancelled before the expiration date thereof,the issuing company will endeavor to mail 30 days written notice to the
certificate holder named above,but failure to mail such notice shall impose no obligation or liability of any kind upon the company,its agents or representatives.
®BROKERAGE/AGENCY FULL NAME AND MAILING ADDRESS ■ADDITIONAL INSURED NAME AND MAILING ADDRESS
(Lit oily wIth respect to the operrbrs oldie Named Insured)
NFP Canada Corp. B.M.Ross and Associates Limited Engineers and Planners
181 Toronto Street South 62 North St
Markdale,ON Goderich,ON
-.. CODE
NOC1H0
POSTAL
BROKER CLIENT ID:ROUBFAR-01 POSTALE N7A 2T4
COD
CERTIFICATE AUTHORIZATION ISSUER NFP Canada Corp. CONTACT NUMBER(S)TYPE Phone No.(519)986-3250 TYPE Fax No.(519)986-4651
AUTHORIZED REPRESENTATIVE Garett Hawkins TYPE NO. TYPE NO.
SIGNATURE OF DATE 2022/2/24 EMAIL ADDRESS garett.hawkins@nfp.ca
AUTHORIZED REPRESENTATIVE/
CSIO C0910ECL-CERTIFICATE OF LIABILITY INSURANCE-2010/09 02010,Centre for Study of Insurance Operations. All rights reserved.
WANDALAFORM
CSIO CERTIFICATE OF LIABILITY INSURANCE
This certificate is issued as a matter of information only and confers no rights upon the certificate holder and imposes no liability on the insurer.
This certificate does not amend,extend or alter the coverage afforded by the policies below.
7 CERTIFICATE HOLDER-NAME AND MAILING ADDRESS INSURED'S FULL NAME AND MAILING ADDRESS
County of Bruce Roubos Farm Services Ltd
30 Park St c/o Rick Roubos
Walkerton,ON '6297 Wellington Rd 109 S, RR3
_. _. - -_ _ .. .POSTAL
POST
CODE NOG 2V0 1 Harriston,ON CODE NOG 1 Z0
IDESCRIPTION OF OPERATIONSILOCATIONS/AUTOMOBLLE theS/SPECIAL ITEMS TO WHICH THIS CERTIFICATE APPLIES(but only with respect to operations of the Named Insured)
Kincardine to Inverhuron Provincial Park Trail(KIPP Trail)Bruce Road 23-Kincardine to Kinhuron Road
(SEE ATTACHED REMARKS OVERFLOW
!lIl COVERAGES
This is to certify that the policies of insurance listed below have been issued to the insured named above for the policy period indicated notwithstanding any requirements,terms
or conditions of any contract or other document with respect to which this certificate may be issued or may pertain. The insurance afforded by the policies described herein is
subject to all terms,exclusions and conditions of such policies. 1
LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
EFFTIVE EXPIRYLIMITS OF LIABILITY
TYPE OF INSURANCE INSURANCE COMPANYDATE DATE (Canadian dollars unless Indicated otherwise)
AND POLICY NUMBER ff OF I
YYYY/MDD YYYY/MM/DD COVERAGE DED. INSURANCE
M/
COMMERCIAL GENERAL UABIUTY
COMMERCIAL GENERAL LIABILITY BODILY INJURY AND PROPERTY DAMAGE
' UABILITY -GENERAL AGGREGATE 1,000' 7,000,000
]CLAIMS MADE OR X OCCURRENCE -EACH OCCURRENCE 1,000 7,000,000
X PRODUCTS AND/❑EMPLOYER'S LIABILITY Aviva Insurance Company Of Canada PRODUCTS AND COMPLETED OPERATIONS
M
X CROSS EMPLOYER'S
OR COMPLETED OPERATIONS S1646731 2021/4/22 2022/4/22 AGGREGATE 7,000,000
PERSONAL INJURY LIABILITY
OR PERSONAL AND ADVERTISING INJURY 7,000,000
1 A LIABILITY
MEDICAL PAYMENTS 50,000
X TENANTS LEGAL LIABILITY TENANTS LEGAL LIABILITY 1_ 1,000', 1'000,000
r,]POLLUTION LIABIUTY EXTENSION POLLUTION LIABILITY EXTENSION
X NON-OWNED AUTOMOBILES Aviva Insurance Company Of Canada NON OWNED AUTOMOBILE[I 2,000,000]
HIRED AUTOMOBILES S1646731 2021/4/22 2022/4/22
AUTOMOBILE LIABILITY (BODILY INJURY AND PROPERTY
X DESCRIBED AUTOMOBILES DAMAGE COMBINED ,,
Aviva Insurance Company Of Canada
[J ALL OWNED AUTOMOBILES 2022/1/25 2023/1/25 BODILY INJURY (PER PERSON)
L] LEASED AUTOMOBILES" 6741271487 BODILY INJURY (PER ACCIDENT) 5,000,000'1
"ALL AUTOMOBILES LEASED IN EXCESS OF -
30 DAYS WHERE THE INSURED ISREQUIRED PROPERTY DAMAGE 5,000,000
TO PROVIDE INSURANCE
EXCESS LIABILITY EACH OCCURRENCE 10,0001 3,000,000
X UMBRELLA FORM Aviva Insurance Company Of Canada 2021/4/22 2022/4/22 AGGREGATE - 3,000,000
X Umbrella S1646731 Products Completed Aggregate 3,000,000
OTHER LIABILITY (SPECIFY)
1
I ]
!il ,
CANCELLATION
Should any of the above described policies be cancelled before the expiration date thereof,the issuing company will endeavor to mail 30 days written notice to the 0certificate holder named above,but failure to mail such notice shall impose no obligation or liability of any kind upon the company,its agents or representatives.
III ADDITIONAL INSURED NAME AND MAILING ADDRESS
BROKERAGE/AGENCY FULL NAME AND MAILING ADDRESS J
(but only wN the respect to the operations of Named Insured)
1NFP Canada Corp. County of Bruce
181 Toronto Street South 30 Park St
Markdale,ON Walkerton,ON
COSTAL NOC1 HO
I
BROKER CLIENT ID:ROUBFAR-01 coDE
cooe`NOG 2V0
CERTIFICATE AUTHORIZATION
ISSUER NFP Canada Corp. CONTACT NUMBER(S)
TYPE Phone No.(519)986-3250 TYPE Fax No.(519)986-4651
AUTHORIZED REPRESENTATIVE Garett Hawkins TYPE NO. TYPE NO.
SIGNATURE OF 1 DATE 2022/2/24 EMAIL ADDRESS ga rett.hawkins@nfp.ca
AUTHORIZED REPRESENTATIVE/'� -
CSIO C0910ECL-CERTIFICATE OF LIABILITY INSURANCE-2010/09 O 2010,Centre for Study of Insurance Operations. Al rights reserved.
WANDALAFORM
CSIO CERTIFICATE OF LIABILITY INSURANCE
This certificate is issued as a matter of information only and confers no rights upon the certificate holder and imposes no liability on the insurer.
This certificate does not amend,extend or alter the coverage afforded by the policies below.
CERTIFICATE HOLDER-NAME AND MAILING ADDRESS INSURED'S FULL NAME AND MAILING ADDRESS
Her Majesty the Queen Roubos Farm Services Ltd
in the Right of Ontario as represented by the Ministry of do Rick Roubos
Transportation 6297 Wellington Rd 109 S, RR3
ON CODE 1Harriston,ON CODE`NOG 1ZO
DESCRIPTION OF OPERATIONS/LOCATIONS/AUTOMOBILES/SPECIAL ITEMS TO WHICH THIS CERTIFICATE APPLIES(but only wNh respect to the operations of the Named Insured)
Kincardine to Inverhuron Provincial Park Trail (KIPP Trail) Bruce Road 23-Kincardine to Kinhuron Road
SEE ATTACHED REMARKS OVERFLOW
COVERAGES
11
This is to certify that the policies of insurance listed below have been issued to the insured named above for the policy period indicated notwithstanding any requirements,terms
or conditions of any contract or other document with respect to which this certificate may be issued or may pertain. The insurance afforded by the policies described herein is
subject to all terms,exclusions and conditions of such policies.
LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
EFFECTIVE EXPIRY LIMITS OF LIABWTY
INSURANCE COMPANY (Canadian dollars unless Indicated otherwlse)
TYPE OF INSURANCE DATE DATE
AND POLICY NUMBER AMOUNT OF
YYYY/MMIDD YYYYIMM/DD COVERAGE DED. NM NOF
COMMERCIAL GENERAL UABIUTY
COMMERCIAL GENERAL LIABILITY BODILY INJURY AND PROPERTY DAMAGE
UABILITY -GENERAL AGGREGATE 1,000 1, 7,000,000'
D CLAIMS MADE OR X OCCURRENCE -EACH OCCURRENCE 1,000 7,000,000.,
X PRODUCTS AND/OR COMPLETED OPERATIONS Aviva Insurance Company Of Canada PRODUCTS AND COMPLETED OPERATIONS
Li EMPLOYER'S LIABILITY 2021/4/22 2022/4/22 , 7,000,000
AGGREGATE
S1646731
X CROSS UABIUTY PERSONAL INJURY LIABILITY
OR PERSONAL AND ADVERTISING INJURY 7,000,000
X LIABILITY
MEDICAL PAYMENTS I 50,000,
X TENANTS LEGAL LIABILITY TENANTS LEGAL LIABILITY 1,000, 1,000,0001
I POLLUTION LIABIUTY EXTENSION POLLUTION LIABIUTY EXTENSION
X NON-OWNED AUTOMOBILES Aviva Insurance Company Of Canada NON OWNED AUTOMOBILE 2,000,000.
Li HIRED AUTOMOBILES S1646731 2021/4/22 2022/4/22
AUTOMOBILE LIABILITY BODILY INJURY AND PROPERTY
X DESCRIBED AUTOMOBILES DAMAGE COMBINED
L ALL OWNED AUTOMOBILES Aviva Insurance Company Of Canada (BODILY INJURY (PER PERSON)
2022/1/25 2023/1/25
�] LEASED AUTOMOBILES" I',6741271487 BODILY INJURY (PER ACCIDENT) I 5,000,000
'•ALL AUTOMOBILES SED IN EXCESS OF
30 DAYS WHERE THE INS RED IS REQUIRED PROPERTY DAMAGE 5,000,0001
TO PROVIDE INSURANCE
EXCESS LIABILITY EACH OCCURRENCE 10,000 3,000,000
X
Aviva Insurance Company Of Canada UMBRELLA FORM
AGGREGATE
X Umbrella S1646731 2022/4/22 'products Completed Aggregate I 3,000,0002021/4/22
OTHER LIABILITY (SPECIFY)
n
CANCELLATION
Should any of the above described policies be cancelled before the expiration date thereof,the issuing company will endeavor to mail 30 days written notice to the
certificate holder named above,but failure to mail such notice shall impose no obligation or liability of any kind upon the company,its agents or representatives.
BROKERAGE/AGENCY FULL NAME AND MAILING ADDRESS .ADDITIONAL INSURED NAME AND MAILING ADDRESS
(but only with reepedto Ore operations of the Named Insured)
NFP Canada Corp. Her Majesty the Queen
'181 Toronto Street South in the Right of Ontario as represented by the Ministry of
Markdale,ON Transportation 1
CODP==TALE NOC1 H0 ON
BROKER CLIENT ID:ROUBFAR-01 CODE
POSTAL
CERTIFICATE AUTHORIZATION
ISSUER NFP Canada Corp. CONTACT NUMBER(S)
TYPE Phone No.(519)986-3250 TYPE Fax No.(519)986-4651
AUTHORIZED REPRESENTATIVE Garett Hawkins TYPE NO. TYPE NO.
III_—
SIGNATURE OF -- -/., DATE 2022/2/24 EMAIL ADDRESS garett.hawkins@nfp.ca
AUTHORIZED REPRESENTATIVE
CSIO C0910ECL-CERTIFICATE OF LIABILITY INSURANCE-2010/09 O 2010,Centre for Study of Insurance Operations. Al rights reserved.
[intact]
INSURANCE
Performance Bond
Standard Construction Document
CCDC 221 -2002
Bond No. 962-022-788 Bond Amount:$2,219,483.00
ROUBOS FARM SERVICE LTD. as Principal, hereinafter called the Principal, and INTACT INSURANCE COMPANY, 4 ROBERT
SPECK PARKWAY, SUITE 100, MISSISSAUGA, ONTARIO L4Z 1S1, a corporation created and existing under the laws of Canada
and duly authorized to transact the business of Suretyship in all Provinces and all Territories of Canada as Surety, hereinafter called
the Surety,are held and firmly bound unto MUNICIPALITY OF KINCARDINE as Obligee, hereinafter called the Obligee, in the amount
of TWO MILLION TWO HUNDRED NINETEEN THOUSAND FOUR HUNDRED EIGHTY THREE AND 00/100 Dollars($2,219,483.00)
lawful money of Canada, for the payment of which sum the Principal and the Surety bind themselves, their heirs, executors,
administrators,successors and assigns,jointly and severally.
WHEREAS the Principal has entered into a written contract with the Obligee, dated the 14TH day of FEBRUARY, 2022, for
MUNICIPALITY OF KINCARDINE-KINCARDINE TO INVERHURON PROVINCIAL PARK TRAIL(KIPP TRAIL)-BRUCE ROAD 23
-KINCARDINE TO KINHURON ROAD CONTRACT NO.14241, hereinafter referred to as the Contract.
The condition of this obligation is such that if the Principal shall promptly and faithfully perform the Contract then this obligation shall be
null and void;otherwise it shall remain in full force and effect.
Whenever the Principal shall be, and declared by the Obligee to be, in default under the Contract, the Obligee having performed the
Obligee's obligations thereunder,the Surety shall promptly:
1) remedy the default,or;
2) complete the Contract in accordance with its terms and conditions or;
3) obtain a bid or bids for submission to the Obligee for completing the Contract in accordance with its terms and conditions and upon
determination by the Obligee and the Surety of the lowest responsible bidder,arrange for a contract between such bidder and the
Obligee and make available as work progresses (even though there should be a default, or a succession of defaults, under the
contract or contracts of completion, arranged under this paragraph)sufficient funds to pay to complete the Principal's obligations
in accordance with the terms and conditions of the Contract and to pay those expenses incurred by the Obligee as a result of the
Principal's default relating directly to the performance of the work under the Contract, less the balance of the Contract price; but
not exceeding the Bond Amount. The balance of the Contract price is the total amount payable by the Obligee to the Principal
under the Contract, less the amount properly paid by the Obligee to the Principal, or;
4) pay the Obligee the lesser of 1)the Bond Amount or 2)the Obligee's proposed cost of completion, less the balance of Contract
price.
It is a condition of this bond that any suit or action must be commenced before the expiration of two(2)years from the earlier of 1)the
date of Substantial Performance of the Contract as defined in the lien legislation where the work under the Contract is taking place, or,
if no such definition exists, the date when the work is ready for use or is being used for the purpose intended, or 2)the date on which
the Principal is declared in default by the Obligee.
The Surety shall not be liable for a greater sum than the Bond Amount.
No right of action shall accrue on this Bond,to or for the use of, any person or corporation other than the Obligee named herein,or the
heirs,executors, administrators or successors of the Obligee.
IN WITNESS WHEREOF,the Principal and the Surety have Signed and Sealed this Bond dated the 23RD day of FEBRUARY,2022.
SIGNED AND SEALED in the presence of: ROUBOS FA ICE LTD.
76_—_,
Principal
INTACT INSURANCE COMPANY
MANNI HATWA,Attorney-in-fact
CCDC Copyright 2002
Canadian Construction Documents Committee
(CCDC 221—2002)has been approved by the Surety Association of Canada
Perf CCDC.dot
09/11 Oh)
[intact]
INSURANCE
Labour and Material Payment Bond
(Trustee Form)
Standard Construction Document
CCDC 222-2002
Bond No.962-022-788 Bond Amount: $2,219,483.00
ROUBOS FARM SERVICE LTD. as Principal, hereinafter called the Principal, and INTACT INSURANCE COMPANY, 4
ROBERT SPECK PARKWAY, SUITE 100, MISSISSAUGA, ONTARIO L4Z 1S1, a corporation created and existing under the
laws of Canada and duly authorized to transact the business of Suretyship in all Provinces and all Territories in Canada as
Surety,hereinafter called the Surety, are held and firmly bound unto MUNICIPALITY OF KINCARDINE as Obligee, hereinafter
called the Obligee, in the amount of TWO MILLION TWO HUNDRED NINETEEN THOUSAND FOUR HUNDRED EIGHTY
THREE AND 00/100 Dollars ($2,219,483.00) lawful money of Canada, for the payment of which sum the Principal and the
Surety bind themselves,their heirs, executors, administrators, successors and assigns,jointly and severally.
WHEREAS the Principal has entered into a written contract with the Obligee, dated the 14TH day of FEBRUARY, 2022, for
MUNICIPALITY OF KINCARDINE - KINCARDINE TO INVERHURON PROVINCIAL PARK TRAIL (KIPP TRAIL) - BRUCE
ROAD 23 - KINCARDINE TO KINHURON ROAD CONTRACT NO. 14241, in accordance with the Contract Documents
submitted,and which are by reference made part hereof and are hereinafter referred to as the Contract.
The Condition of this obligation is such that, if the Principal shall make payment to all Claimants for all labour and material used
or reasonably required for use in the performance of the Contract, then this obligation shall be null and void; otherwise it shall
remain in full force and effect, subject, however,to the following conditions:
1. A Claimant for the purpose of this Bond is defined as one having a direct contract with the Principal for labour, material, or
both,used or reasonably required for use in the performance of the Contract,labour and material being construed to include
that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment directly applicable to the
Contract provided that a person, firm or corporation who rents equipment to the Principal to be used in the performance of
the Contract under a contract which provides that all or any part of the rent is to be applied towards the purchase price
thereof,shall only be a Claimant to the extent of the prevailing industrial rental value of such equipment for the period during
which the equipment was used in the performance of the Contract. The prevailing industrial rental value of equipment shall
be determined, insofar as it is practical to do so, by the prevailing rates in the equipment marketplace in which the work is
taking place.
2. The Principal and the Surety, hereby jointly and severally agree with the Obligee,as Trustee,that every Claimant who has
not been paid as provided for under the terms of its contract with the Principal, before the expiration of a period of ninety
(90) days after the date on which the last of such Claimant's work or labour was done or performed or materials were
furnished by such Claimant, may as a beneficiary of the trust herein provided for, sue on this Bond, prosecute the suit to
final judgment for such sum or sums as may be justly due to such Claimant under the terms of its contract with the Principal
and have execution thereon. Provided that the Obligee is not obliged to do or take any act, action or proceeding against
the Surety on behalf of the Claimants,or any of them,to enforce the provisions of this Bond. If any act,action or proceeding
is taken either in the name of the Obligee or by joining the Obligee as a party to such proceeding, then such act, action or
proceeding, shall be taken on the understanding and basis that the Claimants, or any of them,who take such act, action or
proceeding shall indemnify and save harmless the Obligee against all costs, charges and expenses or liabilities incurred
thereon and any loss or damage resulting to the Obligee by reason thereof. Provided still further that, subject to the
foregoing terms and conditions,the Claimants, or any of them may use the name of the Obligee to sue on and enforce the
provisions of this Bond.
3. It is a condition precedent to the liability of the Surety under this Bond that such Claimant shall have given written notice as
hereinafter set forth to each of the Principal, the Surety and the Obligee, stating with substantial accuracy the amount
claimed,and that such Claimant shall have brought suit or action in accordance with this Bond, as set out in sub-clauses 3
(b)and 3(c) below,Accordingly, no suit or action shall be commenced hereunder by any Claimant:
(a) unless such notice shall be served by mailing the same by registered mail to the Principal,the Surety and the Obligee,
at any place where an office is regularly maintained for the transaction of business by such persons or served in any
manner in which legal process may be served in the Province or Territory in which the subject matter of the Contract is
located. Such notice shall be given:
i) in respect of any claim for the amount or any portion thereof, required to be held back from the Claimant by the
Principal,under either the terms of the Claimant's contract with the Principal,or under the lien Legislation applicable
to the Claimant's contract with the Principal, whichever is the greater, within one hundred and twenty (120) days
after such Claimant should have been paid in full under the Claimant's contract with the Principal;
ii) in respect of any claim other than for the holdback or portion thereof, referred to above, within one hundred and
twenty (120) days after the date upon which such Claimant did, or performed, the last of the work or labour or
furnished the last of the materials for which such claim is made under the Claimant's contract with the Principal;
(b) after the expiration of one (1) year following the date on which the Principal ceased work on the Contract, including
work performed under the guarantees provided in the Contract;
(c) other than in a Court of competent jurisdiction in the Province or Territory in which the work described in the Contract
is to be installed or delivered as the case may be and not elsewhere, and the parties hereto agree to submit to the
jurisdiction of such Court.
4. The Surety agrees not to take advantage of Article 2365 of the Civil Code of the Province of Quebec in the event that, by
an act or an omission of a Claimant, the Surety can no longer be subrogated in the rights, hypothec and privileges of said
Claimant.
5. Any material change in the Contract between the Principal and the Obligee shall not prejudice the rights or interest of any
Claimant under this Bond,who is not instrumental in bringing about or has not caused such change.
6. The amount of this Bond shall be reduced by, and to the extent of any payment or payments made in good faith, and in
accordance with the provisions hereof, inclusive of the payment by the Surety of claims made under the applicable lien
legislation or legislation relating to legal hypothecs,whether or not such claim is presented under and against this Bond.
7. The Surety shall not be liable for a greater sum than the Bond Amount.
IN WITNESS WHEREOF,the Principal and the Surety have Signed and Sealed this Bond dated the 23RD day of FEBRUARY,
2022.
SIGNED AND SEALED in the presence of:
r
ROUBOS FAR E LTD.
Principal
INTACT INSURANCE COMPANY
MANNI BHATWA,Attorney-in-fact
CCDC Copyright 2002
Canadian Construction Documents Committee
(CCDC 222—2002)has been approved by the Surety Association of Canada
(9/09)
wsib Your clearance(s) /
ONTARIO Vos certificats de decharge
We confirm that the business(es) listed below are active and in good standing with us.
Nous confirmons que la ou les entreprises enumerees ci-dessous sont actives et que leurs comptes sont en regle.
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to �` a
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‘,„..,,,,,„„,,,,,.,_„,,,„c. „..,_ „,,,,,,,„ ,,, ,.... , _ , ..,,, ,.,,,,,k-,-- ,,,,,&,Tk.,1 - ,..‘„):,'t.:::;.„,„4,--,k--i*.k, k � et I kv+ Isis �, {� ���
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R
ROUBOS FARM SERVICE LTD. 8750 CONCESSION 11, 561730: Landscaping services A0000HXABJ 20-Feb-2022 to
MOOREFIELD ON NOG2K0 CA 19-Ma -2022
Under Section 141 of the Workplace Safety and Insurance Act, the WSIB waives our right to hold the principal (the business that has entered into a contractual
agreement with the contractor/subcontractor) liable for any unpaid premiums and other amounts the contractor may owe us for the validity period specified.
Aux termes de ('article 141 de la Loi sur la securite professionnelle et l'assurance contre les accidents du travail, la WSIB renonce a son droit de tenir l'entrepreneur
principal (l'entreprise qui a conclu une entente contractuelle avec ('entrepreneur ou le sous-traitant) responsable de toute prime impayee et autre montant que
l'entrepreneur pourrait lui devoir pour la periode de validite indiquee.
WSIB Head Office: 200 Front Street West Siege social : 200, rue Front Ouest 1-800-387-0750 I TTY/ATS 1-800-387-0050
Toronto, Ontario, Canada M5V 3J1 Toronto (Ontario) Canada M5V 3J1 employeraccounts@wsib.on.ca I wsib.ca