HomeMy WebLinkAbout22 078 KWTP Reservoir (Denhall Construction Inc.) Tender By-lawTHE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
BY-LAW
NO. 2022 - 078
BEING A BY-LAW TO ACCEPT A TENDER FOR KINCARDINE WATER
TREATMENT PLANT (KWTP) RESERVOIR REPAIRS
(Denhall Construction Inc.)
WHEREAS pursuant to the said Municipal Act, Section 8 (1) and 9 provide that
the powers of a municipality under this or any other Act shall be interpreted
broadly so as to confer broad authority on the municipality to enable the
municipality to govern its affairs as it considers appropriate and to enhance the
municipality’s ability to respond to municipal issues and has the capacity, rights,
powers and privileges of a natural person for the purpose of exercising its
authority under this or any other Act;
AND WHEREAS it has been determined that there is a need for Reservoir
Repairs at the Kincardine Water Treatment Plant (KWTP), with funds allocated in
the 2022 Capital Budget as per Report Operations-2022-07;
NOW THEREFORE the Council of The Corporation of the Municipality of
Kincardine ENACTS as follows:
1. That the tender of Denhall Construction Inc. for Reservoir Repairs at the
Kincardine Water Treatment Plant (KWTP), in the amount $185,877.28
(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 “KWTP Reservoir Repairs (Denhall
Construction Inc.) Tender By-law”.
READ a FIRST and SECOND TIME this 11th day of April, 2022.
READ a THIRD TIME and FINALLY PASSED this 11th day of April, 2022.
Mayor Clerk
I
MUNICIPALITY OF KINCARDINE
WATER TREATMENT PLANT RESERVOIR REPAIRS
CONTRACT NO.22038
ADDENDUM NO. 1
Plan takers shall note the following:
1. The wall area listed in the tender documents to be coated on Cells 1, 2 and 3 were increased slightly
to include coating about 400 mm in at the corner,with all the interior walls,as illustrated on Detail
F on the contract drawings.The required limits to be coated will be confirm at the time of
construction and the Contractor will be paid for the surface area of the wall they are directed to
coat. The Contractor will not be paid for coating areas of over-spray that were not identified as an
area in need of waterproofing.
2. In regards to coating Cell 4 with the provisional item; for bidding purposes,the Contractor can
assume that either all the exterior walls in Cell 4 will be coated,or none of the walls in Cell 4 will
be coated.If there is a decision to coat only a portion of the walls in Cell 4,the unit price for that
work would be negotiated.
' 3. When pressure washing the interior walls,the walls shall be pressure washed in accordance with
the W.R.Meadows specifications. The pressure washer shall be set with a minimum of 5000 psi
rating and the Contractor is expected to create a slight profile on the concrete surface in the 40 to 80
mil range.
4. Item 4 e)crack repair pertains to a repair as per the "Fabric Reinforced Crack Repair Detail"or
"Construction Joint or Crack Repair Detail". Payment for this work will be at the same unit price,
but the appropriate repair method will be applied as directed by the Contract Administrator. This
repair method may be required at multiple locations through the different reservoir cells, but the
same unit price would be applied throughout.
5. To help accommodate with the with limited timeline permitted for the work, if a concrete repair
with a cast concrete buildout is required,the Contractor will be permitted to remove the formwork
24 hours after the wall repair is cast. However,the surface of the newly cast repair is to be kept
damp until the waterproofing is applied to the repaired location.
B. M. ROSS AND ASSOCIATES LIMITED
Engineers and Planners
62 North Street
' Goderich, ON N7A 2T4
Phone: (519)524-2641
www.bmross.net
March 24, 2022
Contractor's Signature Date
(Bidders shall sign and date all addenda and attach copies to the submitted Tender)
(Emailed to all Plan Takers—1 page)
I
i
1
1
1
1
MUNICIPALTTY OF KINCARDINE
' WATER TREATMENT PLANT RESERVOIR REPAIRS
CONTRACT NO. 22038
Ø? BMROSS
engineering better communities
I
I
I
I
I
I
I MUNICIPALITY OF HINCARDINE
I WATER TREATMENT PLANT RESERVOIR REPAIRS
I CONTRACT NO. 22038
I
I
I
1
I
I
I
I
I
FORM OF TENDER
MUNICIPALITY OF KINCARDINE
WATER TREATMENT PLANT RESERVOIR REPAIRS
CONTRACT NO. 22038
I
INDEX TO CONTRACT DOCUMENTS
IDescription Page
Information to Bidders IB-1 — IB-6
ITender
Form of Tender T-1 —T-3
T-A & T-B
1 Statement re Sub-Contractors
Agreement to Bond
ISchedule of Plans, Specifications, General Conditions & Standards
Index to Special Provisions
Special Provisions SP-1 to SP-6
Supplemental General Conditions Pages 1- 8
General Conditions—OPSS.MUNI 100 Rev. Date: 11/2019
Agreement A-1-A-4
Municipality of Kincardine Health and Safety Form
Contract Release
1 Statutory Declaration Re: Liens, Liabilities & Payment of Accounts
Appendix A—CEM-KOTE® FLEX ST Specification
I
I
I
I
1
I
INFORMATION TO BIDDERS
Z:\22038-Kinc-WTP_Reservoir_Repair\WP\Contract\22038-digital IB's Mar 7 2022.docx
I
I
INDEX TO INFORMATION TO BIDDERS (May 2020) '
I) Date and Place for Receiving Tenders IB-1
2) Tender Deposit IB-1
3) Submission of Tender IB-1
4) Clarification IB-2
5) Withdrawal of Tender IB-2
6) Disqualification of Tender IB-2
7) Tender Award IB-3
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 IB-5
15) Freedom of Information IB-6
16) Accessibility IB-6
17) Conflict of Interest IB-6
18) COVID-19 Health and Safety Requirements IB-6
I
I
I
1
I
I
I
I
I
I
I
I
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:
12:00:59 p.m. (local time), Tuesday, March 29, 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 Lisa
Ambeau at lambeau@kincardine.ca.
2) TENDER DEPOSIT:
Each tender must be accompanied by a tender deposit in the form of a bid bond payable to:
1 Municipality of Kincardine
for the amount of:
Ten Thousand Dollars($10,000.00).
1 Scanned bid bonds are acceptable, digital XENEX bonds not required. The Municipality does not require
the original to be provide with the tender submission.
The Contractor will be required to provide paper copies of the original bonding, WSIB, and insurance
documents at the time of award of contract.
This deposit shall serve as evidence of good faith that if awarded the contract, the bidder will execute and
enter into a formal agreement with the Owner within the time required and will furnish the security
required to secure the performance of the terms and conditions of this contract.
The tender deposit of the bidder whose tender is 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 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
I
IB-2 I
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 clearly
identified in the subject line as WATER TREATMENT PLANT RESERVOIR REPAIRS.
b) Statement re Sub-Contractors: I
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. I
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: I
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, I
equipment, and materials except where noted that are necessary to complete the contract. For technical
questions related to tender documents, please contact:
Ken Logtenberg, Project Manager
B. M. Ross and Associates Limited
Engineers and Planners
Ph: (519) 524-2641
klogtenberg@bmross.net
Questions shall be provided in writing no later than four(4)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).
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. 111
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.
I
1
IB-3
7) TENDER AWARD:
Bidders are notified that any unbalanced items,errors, or omissions in the tender may render the tender
invalid.
1 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.
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
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 25,2022
And
The duration of the construction work shall be no more than: 12 consecutive days
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.
IB-4
If the Contractor is delayed in the completion of work due to any of the following, hereinafter identified as
"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 aforce 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 I
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. I
c) Liquidated Damages:
It is agreed by the parties to the contract that in case all the work called for under the contract is not I
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 Two Thousand Dollars ($2,000.00) 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.
I
1 IB
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
1 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
1 liquidated damages.
11) TAXES:
tHarmonized Sales Tax(HST):
The 13 % Harmonized Sales Tax will be paid on all Work performed within the contract. It will be listed
as a separate item on all tender documents and adjusted on final payment in accordance with the final
contract price.
12) BRIBERY:
Should the Contractor or any of their agents give or offer any gratuity to or attempt to bribe any officer or
1 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.
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:
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.
r
1
IB-6 I
No alternate forms of security will be considered. I
15) FREEDOM OF INFORMATION:
Any personal information required on the Tender Form is received under the authority of the Municipal
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 I
16) 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.
17) CONFLICT OF INTEREST I
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.
18) COVID-19 HEALTH AND SAFETY REQUIREMENTS
111 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.
r
T-1
111 FORM OF TENDER
MUNICIPALITY I OF KINCARDINE
N ARDINE
WATER TREATMENT PLANT RESERVOIR REPAIRS
CONTRACT NO. 22038
Tender by Denhall Construction Inc.
residing at 452 Bowes Road, Unit 14
Vaughan, ON L4K 1K2
a company duly incorporated under the laws of Ontario
and havingits head office at 452 Bowes Road, Unit 14, Vaughan, ON L4K 1K2
g
' hereinafter called the "Bidder"
To -- Municipality of Kincardine
I/We Eric Padovani
having carefully examined the locality and site of the proposed works and all tender documents
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 Hundred Six Thousand, Four Hundred Ten Dollars and One Cent
' ( $ 206,410.01 )
' 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.
1
ISCHEDULE OF ITEMS AND PRICES T-2
THE AFORESAID SUM IS MADE UP AS FOLLOWS:
I Description Qty/ Unit Price Amount
Item Spec. # p
I1 SP Lump sum for mobilization, demobilization 1 L.S. 25,076.70
and other requirements
I
2 SP Clean cell walls and remove settlement
materials
Ia) Cell 1, 2 and 3 1 L.S. 12,573.00
b) Cell 4 (Provisional) 1 L.S. 6,286.50
I3.1 SP Cem-Kote Flex ST, Cells 1, 2 and 3
I a) Two coats of Cem-Kote Flex ST 185 m2 94.06 17,401.10
b) Vertical corner 24 m 103.90 2,493.60
I c) Horizontal corner 52 m 103.90 5,402.80
d) Pipe penetration 3 Ea. 110.00 330.00
I3.2 SP Cem-Kote Flex ST, Cells 4 (Provisional)
a) Two coats of Cem-Kote Flex ST 365 m2 73.99 27,006.35
Ib) Vertical corner 20 m 81.72 1,634.40
c) Horizontal corner 92 m 81.72 7,518.24
4 904,905, Concrete crack repair(Provisional)
919,SP
Ia) Build-out repair along crack 0.784 m3 26,802.28 21,015.57
b) Wall-build-eut-repair 0 m2 2,500.63 0,00
I0 Wall b ila out ro at top of wall 0 m 272-88 66 008
d) Injection crack repairs 20 m 832.87 16,657.40
Ie) Fabric reinforced crack 30 m 680.64 20,419.20
I5 905, SP Additional reinforcing steel (Provisional) 100 m 15.40 1,540.00
6 905, SP Drill and insert additional dowels 100 Ea. 60.50 6,050.00
I (Provisional)
I7 SP Bonding and insurance 1 L.S. 11,258.87
Sub-Total 182,663.73
' T-3
Item Spec. # Description Qty/ Unit Price Amount
' TOTAL TENDER 182,663.73
' 13% H.S.T. 23,746.28
TOTAL TENDER PRICE 206,410.01
Note: Provisional items may or may not be required for the project. Contractor will
' be compensated for the items only if the work is authorized by the Contract Administrator.
The provisional quantities presented in the schedule of items may vary significantly depending on
the need and a revision to the unit price will not be made except as indicated within the specification.
I
' 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.
g subject
In submitting this Tender for the work, the Tenderer further declares:
(a) That no person, firm or corporation other than the one whose signature or seal is attached
below, has any interest in this tender or in the contract proposed to be taken;
tender is made without anyconnection, knowledge, comparison of figures or
(b) That thisg , p g
' 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
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 Date Specified.doc
' T-B
(h) That if this tender is accepted, we the undersigned agree to furnish an approved surety
bond for the proper fulfilment of the contract and to execute the Agreement in triplicate
within ten(10) days after being notified so to do. In the event of default or failure on our
part to do so, we the undersigned agree that the Owner shall be at liberty to retain the
money deposited by us to the use of the Owner, and to accept the next lowest or any
tender or to advertise for new tenders or to carry out the works in any other way deemed
best and we also agree to pay to the said Owner the difference between this tender and
' any greater sum which the Owner may expend or incur by reason of such default or
failure, or by reason of such acting, as aforesaid, on their part including the cost of any
advertising for new tenders and to indemnify and save harmless the said Owner and its
' officers from all loss, damage, cost, charges and expenses which they may suffer or be
put to by reason of any such default or failure on our part.
The "Agreement to Bond" of the Northbridge General Insurance Corporation
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
to 100%of the contract price, is enclosed herewith.
A bid bond for the sum of Ten Thousand Dollars and Zero Cents
($10,000.00)is attached hereto.
' DATED AT Vaughan, ON this 29th
day of March , 20 22 .
(Signed) (Signed and Sealed)
' Signature of Witness Signature of Bidder
' NOTE:
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.
•
22038-T-B 2 Bonds bid bond only.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 Southwest Waterproofing and Coatings Inc.
Name and Address 59 Brunswick Ave,London, Ontario N6G 3K5
Item No. /Description
Item No. - 2 Clean walls and remove settlement materials
Item No. -3.1,Cem-Kote Flex ST Cells 1, 2 and 3
Item No. -3.2 Cem-Kote Flex ST, Cells 4 (Provisional)
Item No. 4d)- Injection Crack Repairs
Item No. 4e)- Fabric Reinforced crack
Percent of Contract 41.2%
2. Sub-Contractor
Name and Address
Item No. /Description
Percent of Contract
3. Sub-Contractor
Name and Address
' Item No. /Description
Percent of Contract
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
' Z:\22038-Kinc-WTP_Reservoir Repair\WP\Contract\22038-Sub-Contractors.docx
AGREEMENT TO BOND
(PERFORMANCE BOND AND LABOUR AND MATERIALS PAYMENT BOND)
**
I
Date: , 20
PROJECT NO.
CONTRACT NO.
TO:
Dear Sirs:
RE:
In consideration of
(hereinafter referred to as "the Owner") accepting the tender of and executing an Agreement with:
(hereinafter referred to as "the Tenderer") for the construction of
subject to the express conditions that the Owner receive the Performance Bond 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
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,
(Seal)
NOTE: This Agreement to Bond must be executed on behalf of the Surety Company by its authorized
' officers under the company's corporate seal. Of the two forms bound herein, one shall become a part of
the tender and the other shall be retained by the Surety Company.
' ** Enter the name and address of the Surety Company at the top of the page.
F:\wp\Contracts\Forms\AgToBond-2bonds.doc
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, Water
Treatment Plant Reservoir Repairs, Contract No. 22038.
A. SPECIAL PROVISIONS - Pages SP-1 to SP-6
' B. PLANS - Drawing No. 1
C. INFORMATION TO BIDDERS - Pages IB-1 to IB-6
D. STANDARD SPECIFICATIONS
Ontario Provincial Standard Specification Numbers shall apply to this contract mutatis
mutandis. Only the most recent specifications shall apply to this contract.
OPSS.MUNI—Municipal Oriented
' 100-Nov/19 904-Nov/12
905-Nov/12
919-Nov/21
E. FORM OF TENDER
F. SUPPLEMENTAL GENERAL CONDITIONS
' G. GENERAL CONDITIONS - OPSS.MUNI 100 Rev. Date: 11/2019
H. AGREEMENT
I. CONTRACT RELEASE
J. STATUTORY DECLARATION RE: LIENS, LIABILITIES & PAYMENT OF
' ACCOUNTS
K. APPENDIX
I
I
I
I
1
INDEX TO SPECIAL PROVISIONS
Item No. 1 Lump Sum for Mobilization, Demobilization and Other Requirements SP-1
Item No. 2 Clean the Cell Walls and Remove Settlement Materials SP-2 ,
Item No. 3 Cem-Kote Flex ST SP-3
Item No. 4 Concrete Crack Repair SP-3
Item No. 5 Supply and Install Additional Reinforcing Steel SP-4
Item No. 6 Drill and Insert Dowels SP-5
Item No. 7 Bonding and Insurance SP-5
1
i
1
1
SP-1
I
ITEM NO. 1
' LUMP SUM FOR MOBILIZATION, DEMOBILIZATION AND OTHER
REQUIREMENTS
The Contractor shall enter a tendered amount for mobilization, demobilization and for additional
labour, equipment or material required to complete the contract but not specifically covered by
or related to the other items in the Schedule of Items and Prices.
The lump sum bid may include, but is not limited to the following: watchmen, on-site washroom
facilities.
The bid shall include the cost associated with accommodative measure that must be taken to
work inside of a water reservoir below grade with only one access hatch per cell.
! Included under this item shall be all costs to meet social distancing and hygiene requirements for
COVID-19.
Included in this item is the cost to supply materials and a movable access platform that to allow
engineers to inspect the interior walls around the outside of the reservoir for signs of cracking.
As a minimum, platforms shall consist of scaffolding with lockable wheels and adjustable
platform that can be set high enough to access the top of the walls inside the cell. The Contractor
may choose to have more than one platform to make it easier to move from cell to cell and shall
be responsible for relocating the platform to accommodate for the wall inspections.
While the reservoir is out of service for the repairs, the Municipality of Kincardine' s Water
Treatment Plant is not able to operate. The Contractor must provide the Operating Authority at
least four weeks advance notice to drain the reservoir and coordinate the supply of water from an
adjacent municipality. As there is a limit supply available from the neighbouring municipality,
' the repairs must take place outside of the peak water demand period from June 15th to October
10th. Also, the Contractor is to keep the duration of the repairs to a minimum and is expected to
provide additional workers or work longer period during the day to ensure the work is completed
within the construction duration of 12 consecutive days as listed in the Information to Bidders.
This duration is recorded from a Monday morning at the start of the first week to Friday of the
following week. If the Contractor fails to complete the work within the specified time period,
liquidated damages will be imposed unless circumstances arise that are beyond the Contractor's
control.
Crews may only mobilize to site after contracts have been signed and a construction schedule
that has been approved obtained by the Municipality. The schedule much include contingency
time to allow for the provisional work listed in the tender or a method to provide additional
resourced to ensure the work can be completed within the two week period.
Up to sixty percent(60%) of the price for the Mobilization and Demobilization Item shall be
considered as relating to mobilization and the balance to demobilization and other requirements.
The payment for mobilization shall be included in the first payment certificate issued for the
contract subject to the Contract Administrator and the Municipality being satisfied that full
I
I
SP-2
I
mobilization has been carried out otherwise, payment that reflects the degree of mobilization
effected to date will be made.
The payment for demobilization and other requirements shall become due following completion
of the works, and subject to the Contract Administrator and the Municipality being satisfied that
full demobilization and other requirements have been carried out.
The submission of a tenderer with an unbalanced price for this item renders the tender liable to
disqualification.
ITEM NO. 2
CLEAN THE CELL WALLS AND REMOVE SETTLEMENT MATERIALS
Under this item, the Contractor shall pressure wash the inside of the exterior walls of reservoir
cells from the roof slab to the base slab plus 400mm from the exterior wall along the base slab.
Additionally, the contractor shall remove scaled material created with pressure washing the walls
in addition to any settlement materials found within the reservoir. '
While the Contract Administrator's representative may identify areas of concerns that may
require additional crack repair work, upon completion of the pressure washing the Contractor
must allow the representative time to complete a more thorough inspection of the walls.
When preparing the surface of the cell walls to accept Cem-Kote Flex ST all manufacturers'
specifications shall be followed. The laborer completing the pressure washing shall be employed
by a contractor on the "approved installers" list from W. R. Meadows. The Contractor shall
provide a letter from a representative of the Cem-Kote manufacturer indicating that the surfaces I
meet their requirements prior to application of the first layer of Cem-Kote.
As per the manufacturer's specifications, when pressure washing the cell walls the pressure '
gauge must show 5000 psi. Note: The original pumps may have been outputting this pressure,
but after some wear, the pressure could be considerably lower. When using 5000 psi water, the
nozzle providing rotating water stream must be used and placed not more than 12" from the ,
surface. The surface porosity after cleaning must be clearly visible and the "soft" surface layer
must be removed. When in doubt, perform a bond test to assure proper surface preparation is
being done, or if any additional cleaning or abrasive cleaning is required. '
A price shall be submitted to clean Cells 1, 2 and 3 and a separate provisional price shall be
provided to clean and pressure wash cell 4. A decision to do this work can not be made until after
the reservoir has been drained and the Contract Administrator has had an opportunity to review
the interior side of the cell 4 walls. As cell 4 was constructed many years later than the first three
cells, it may be determined that it is not necessary to clean and coat the walls in that cell.
The lump sum prices bid for the work described shall be full compensation for all labour,
materials and equipment necessary to complete the work under this item.
I
i
I
S P-3
ITEM NO. 3
' CEM-KOTE FLEX ST
Under this item, the Contractor shall apply two coats of Cem-Kote Flex ST through the cells,
' place non-shrink concrete grout in the corners and install the fabric reinforcing along corners and
around pipe penetrations in accordance with the drawings, supplier specifications and as directed
by the Contract Administrator.
The surface of the cells shall be prepared to accept Cem-Kote Flex ST (Cem-Kote) as per
manufacturer's specifications. A copy of the manufacturer's specification is included in
Appendix A of these tender documents. The laborers completing surface preparation and Cem-
Kote application shall be employed by a contractor on the "approved installers" list from W. R.
Meadows.
' Application shall be completed to the extents shown on the contract drawings or as indicated by
the Contract Administrator. Horizontal and vertical corners and wall penetrations shall have WR
' Meadows Meadow-Crete OV or accepted equivalent installed in corners before one layer of
Cem-Kote, the fabric material and a second coat of Cem-Kote is applied. Two layers of the Cem-
Kote shall then be installed over top of the cell walls and the reinforced locations at the corners.
tCompletion of work in Cell 4 is provisional. A decision to complete the work within that cell can
not be made until the Contract Administrator has had an opportunity to review the interior of the
walls in Cell 4.
Payment shall be made as per the breakdown on the contract tender form, and each item shall
' include full compensation for all labour, materials and equipment to supply and apply Cem-Kote
and fabric material when necessary. Measurement for payment will be by the linear metre for
vertical and horizontal corners, and by the square meter for wall applications as determined with
a tape measure after product application.
ITEM NO. 4
' CONCRETE CRACK REPAIR
Under this item, the Contractor shall perform the specified repairs as illustrated on the drawings,
' in accordance with the Cem-Kote Flex ST specification and applicable OPSS and directed by the
Contract Administrator. This item shall cover concrete crack repairs in the form of reinforced
concrete buildouts along a large crack and reinforced concrete build-out through a large wall
area, reinforced concrete build-out above existing wall build-out, crack injection repair for mid-
sized cracks and fabric reinforcing repairs for minor cracks.
The new concrete placed under the concrete build-outs repair items shall satisfy exposure class
C-2 requirements and have 32 MPa compressive strength at 28 days, in conformance with CSA-
A23.1 and OPSS 1350MUNI. Placement of the formwork, reinforcing and concrete shall be
completed in accordance with OPSS 904, 905 and 919. The concrete to be used in the patches
may have 12 mm to 19 mm nominal coarse aggregate. Air entrainment and maximum water to
cement ratio shall be as outlined in the applicable CSA A23.1 Tables. Slump may be increased
with an approved superplasticizer agent or with an alternative mix design that is approved by the
Contract Administrator.
I
I
SP-4
I
Concrete Build-out Repairs
The locations in need of repair will be determined after the area has been cleaned by pressure
washer.
Repair areas along a crack shall be constructed a minimum of 500mm wide and shall include the 1
dowels as indicated on the contract drawings. If a build-out repair over a portion of the wall is
required to be completed, the minimum area to be completed this way shall be 10 m2. I
When doing the build out repairs at the top of the walls, the Contractor shall place the material
using a pump to ensure there are no voids at the top of the wall. For this work the Contractor
shall use a pre-bagged mix such as Sika 08 SCC, or accepted equivalent.
Payment shall be made as per the breakdown on the contract tender form, the applicable item
units, and shall include full compensation for all labour, materials and equipment to supply,
place, consolidate, cure and finish new concrete patches. Measurement for payment will be by
tape measure of buildout after placement. Payment will not be based on truck volumes I
delivered.
Crack Injection Repair for Smaller Cracks
The locations in need of repair will be determined after the area has been cleaned by pressure
washer at locations indicated by the Contract Administrator. The epoxy injection material shall
be a fast setting, low viscosity resin capable of penetrating into crack widths as small as 0.05mm.
The resin shall be Sikadur-52 or accepted equivalent.
Fabric Reinforced Crack Repair I
The locations in need of this repair will be determined after the area has been cleaned by
pressure washer at locations indicated by the Contract Administrator. These repairs will be
completed as outlined in Item 3, with the first layer of Cem-Kote Flex ST place, a layer of fabric I
placed and then a second coating of Cem-Kote at the identified locations. Once these repairs
have been completed, two coats of Cem-Kote will be applied over top of these repaired
locations. 1
Payment shall be made as per the breakdown on the contract tender form, and shall include full
compensation for all labour, materials and equipment to supply and inject the epoxy resin. I
Measurement for payment will be by the linear metre as determined with a tape measure after the
crack has been injected. I
ITEM NO. 5
SUPPLY AND INSTALL ADDITIONAL REINFORCING STEEL I
Under this item, the Contractor shall supply, cut, field bend (if necessary) and tie in place
additional 15M reinforcing steel as directed by the Engineer.
The new reinforcing shall be placed after sandblasting the patch areas and immediately prior to
pouring the concrete patches. I
I
I
SP-5
Payment shall be made at the unit price bid per lineal metre of bar as measured in place and shall
be full compensation for materials, labour and equipment required to do the work. No payment
will be made for reinforcing steel supplied to the site but not used in this project.
ITEM NO. 6
DRILL AND INSERT DOWELS
Under this item, the Contractor shall drill and grout 15 or 20M dowels up to 200 mm deep and
900 mm long where required and directed by the Contract Administrator. This item is only for
additional dowels that were not initially identified on the contract drawings. Grout shall be a
' two-part epoxy grout from the MTO Designated Sources List. The diameter of the holes shall be
as recommended by the manufacturer of the grout.
Payment shall be made at the unit price bid for each grouted dowel and shall be full
compensation for all labour, materials and equipment necessary to complete the work.
ITEM NO. 7
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.
For this contract the indemnification period shall expire at 6 years from the date of certification
of Final Acceptance.
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—If Applicable
•GC 6.03.05 —Property and Boiler Insurance—Not applicable
•GC 6.03.06—Contractor's Equipment Insurance - Applicable
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.
I
SP-6
1
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.
Ontario Regulation 303/18 Forms 31 and 32 can be found at:
http://o ntariocourtforms.on.ca/en/construction-1 i en-act-forms/
Payment under this item will be made with the first payment certificate.
i
I
I
1
1
I
1
1
1
i
1
1
1
1
I
I
SUPPLEMENTAL GENERAL CONDITIONS
I
Table 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
GC 6.01 Protection of Work, Persons and Property 6
I 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
GC 8.02.03 Advance Payments for Materials 7
GC 8.02.04.04 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
GC 8.02.05.07 Payment for Hand Tools 8
I
I
I
I
I
I
I
Y:\Project_Mgmt_Resources\Forms_Templates\Contracts\Contract Documents\Supplemental GC's 20Nov25-fixed.docx
I
I
Page 1
GC SECTION SUPPLEMENTAL CONDITION
GC 1.04 GC 1.04.01, Definitions, shall be amended with the inclusion of the I
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. I
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,
I
I
I
Page 2
(b) that ispublished at least dailyon all days other than Saturdays and
y y
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
1 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.
I
I
Page 3
Operator-in-Charge means an operator-in-charge within the meaning of
O. Reg. 128/04.
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 I
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
Act, R.S.O. 1990, c. C.30.
For the purposes of this Act, a contract is substantially performed, I
(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). 1
(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. I
Water Quality Analyst means a water quality analyst within the meaning of
O. Reg. 128/04. 1
1
I
Page 4
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 a) The location and depth of all utilities shown on the contract drawings are
DOCUMENTS 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,
I
1
Page 5
"Reviewed" or"Reviewed as Modified". "Revise and Re-Submit" or Not
Reviewed". 1
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. i
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 I
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, 1
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
I
Page 6
ContractorI
for payment for costs or damages incurred as a result of delays
PY g Y
Iresulting in an Extension of the Contract Time.
GC 4.02 GC 4.02.01 shall be amended as follows:
APPROVALS AND
IPERMITS .01 The Contractor shall be responsible for obtaining and paying for all
plumbing and building permits.
IGC 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 Commercial General liability insurance and completed operations
LIABILITY coverage shall both be in the name of the Contractor, with the Owner and the
I INSURANCE Contract Administrator named as additional insureds, both with the limits of
not less than five million dollars inclusive per occurrence for bodily injury,
death, and damage to property including loss of use thereof. The insurance
Ishall be 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
Subsequent layout, for the same item,will be at the Contractor's
Iexpense.
One week advance notice is required by the Contract Administrator to
1 schedule the construction layout.
The Contractor shall provide qualified personnel to lay out all other lines and
Igrades necessary for construction. The Contractor shall notify the Contract
I
I
Page 7 1
Administrator of any layout work carried out, so that the same may 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 I
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.
111
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: I
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;
I
I
I
Page 8
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
1 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.
I
I
1
I
' `` Ontario Provincial Standards OPSS.MUNI 100
.`�',' ?`' for November 2019
11 �•' Roads and Public Works
IOPSS MUNI GENERAL CONDITIONS OF CONTRACT
Table of Contents
ISECTION GC 1.0-INTERPRETATION
GC 1.01 Captions 7
iGC 1.02 Abbreviations 7
GC 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
SECTION GC 3.0-ADMINISTRATION OF THE CONTRACT
IGC 3.01 Contract Administrator's Authority 16
I GC 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
111 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
I
November 2019 Page 1 of 59 OPSS.MUNI 100
I
I
I
GC 3.10.01 Changes in the Work 20
GC 3.10.02 Extra Work 21 1
GC 3.10.03 Additional Work 21
GC 3.11 Notices 21 Il
GC 3.12 Use and Occupancy of the Work Prior to Substantial Performance 22
GC 3.13 Claims, Negotiations, Mediation 22
GC 3.13.01 Continuance of the Work 22
GC 3.13.02 Record Keeping 22
GC 3.13.03 Claims Procedure 22
GC 3.13.04 Negotiations 23
GC 3.13.05 Mediation 23 111
GC 3.13.06 Payment 23
GC 3.13.07 Rights of Both Parties 24 I
GC 3.14 Arbitration 24
GC 3.14.01 Conditions for Arbitration 24 I
GC 3.14.02 Arbitration Procedure 24
GC 3.14.03 Appointment of Arbitrator 24
GC 3.14.04 Costs 25
GC 3.14.05 The Decision 25
GC 3.15 Archaeological Finds 25
SECTION GC 4.0 -OWNER'S RESPONSIBILITIES AND RIGHTS
GC 4.01 Working Area 26
GC 4.02 Approvals and Permits 26
GC 4.03 Management and Disposition of Materials 26
GC 4.04 Construction Affecting Railway Property 27 111
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
I
November 2019 Page 2 of 59 OPSS.MUNI 100
I
I
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
' GC 4.12 Use of Performance Bond 29
GC 4.13 Payment Adjustment 29
ISECTION 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
iGC 6.03.02 Commercial General Liability Insurance 34
I GC 6.03.03 Automobile Liability Insurance 35
I GC 6.03.04 Aircraft and Watercraft Liability Insurance 35
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
GC 6.03.05.03 Use and Occupancy,of the Work Prior to Completion 36
IGC 6.03.05.04 Payment for Loss or Damage 36
GC 6.03.06 Contractor's Equipment Insurance 36
I
November 2019 Page 3 of 59 OPSS.MUNI 100
I
I
I
GC 6.03.07 Insurance Requirements and Duration 37 1
GC 6.04 Bonding 37
GC 6.05 Workplace Safety and Insurance Board 37 1
SECTION GC 7.0-CONTRACTOR'S RESPONSIBILITIES AND CONTROL OF THE WORK
GC 7.01 General 38
GC 7.01.01 Site Visit . 38
GC 7.01.02 Commencement of Work 38
GC 7.01.03 Control and Responsibility 38
GC 7.01.04 Compliance with the Occupational Health and safety Act 38
GC 7.01.05 Contractor's Representatives 39 III
GC 7.01.06 Assistance to the Contract Administrator 40
GC 7.01.07 Schedule 40
GC 7.01.08 Errors and Inconsistencies as Relating to the Contract 40
GC 7.01.09 Utilities 40 I
GC 7.02 Monuments and Layout 41 I
GC 7.03 Working Area 42
GC 7.04 Damage by Vehicles or Other Equipment 42 '
GC 7.05 Excess Loading of Motor Vehicles 42
GC 7.06 Maintaining Roadways and Detours 42 I
GC 7.07 Access to Properties Adjoining the Work and Interruption of Utility Services 43
GC 7.08 Approvals and Permits 44 I
GC 7.09 Suspension of Work 44
GC 7.10 Contractor's Right to Stop the Work or Terminate the Contract 44 I
GC 7.11 Notices by the Contractor 45
GC 7.12 Environmental Incident Management ...45 I
GC 7.13 Obstructions , 46 I
i
GC 7.14 Limitations of Operations 46
I
November 2019 Page 4 of 59 OPSS.MUNI 100
I
I
I
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
IGC 8.02.01 Non-Resident Contractor... . 49
GC 8.02.02 Price for Work 49
IGC 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
GC 8.02.04.06 Certification of Completion 52
I 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
I 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 Payment 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
I 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
I
November 2019 Page 5 of 59 OPSS.MUNI 100
I
I
I
GC 8.02.07 Records 58
GC 8.02.08 Taxes 58 1
GC 8.02.09 Liquidated Damages 59 ,
1
I
I
I
I
1
1
I
1
i
November 2019 Page 6 of 59 OPSS.MUNI 100 ,
I
I
SECTION GC 1.0-INTERPRETATION
IGC 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.
IGC 1.02 Abbreviations
.01 The abbreviations on the left below are commonly found in the Contract Documents and represent
I the 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
I "CCIL""CGSB" - Canadian Council of Independent Laboratories
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
"OLS" - Ontario Land Surveyor
I "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
I "SSPC""UL" - The Society for Protective Coatings
- Underwriters Laboratories
"ULC" - Underwriters Laboratories Canada
"WHMIS" - Workplace Hazardous Materials Information System
I "WSIB" - Workplace Safety & Insurance Board
GC 1.03 Gender and Singular References
I .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.
I
I
November 2019 Page 7 of 59 OPSS.MUNI 100
I
I
I
GC 1.04 Definitions
.01 For the purposes of the Contract Documents the following definitions shall apply: I
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
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, fR.S.O. 1990, c. C.30, as amended.
I
November 2019 Page 8 of 59 OPSS.MUNI 100
I
I
I
Constructor means, for the purposes of, and within the meaning of the Occupational Health and Safety
I 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.
1 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.
I 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
I 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.
I
November 2019 Page 9 of 59 OPSS.MUNI 100
I
I
I
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.
Geotechnical Report means a report or other information identifying soil, rock, and ground water 1
conditions in the area of any proposed Work.
Grade means the required elevation of that part of the Work. I
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
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. I
Owner means the party to the Contract for whom the Work is being performed, as identified in the
Agreement, and includes, with the same meaning and import "Authority."
Pavement means a wearing course or courses placed on the Roadway and consisting of asphaltic
concrete, hydraulic cement concrete, Portland cement concrete, or plant or road mixed mulch.
1
November 2019 Page 10 of 59 OPSS.MUNI 100
I
I
Performance Bond means the type of security furnished to the Owner to guarantee completion of the
1 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.
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.
Quantity Sheet means a list of the quantities of Work to be done.
1 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.
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.
1 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, 'vhether in cut or fill, as prepared to support the pavement
structure, consisting of Base, Subbase, and Pavement.
I
November 2019 Page 11 of 59 OPSS.MUNI 100
I
I
Substantial Performance has the meaning as set out in the Construction Act, R.S.O. 1990, c. C.30, as
amended. I
Subsurface Report means a report or other information identifying the location of Utilities, concealed and
adjacent structures, and physical obstructions that fall within the influence of the Work.
Superintendent means the Contractor's authorized representative in 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.
111
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.I.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. I
Work means the total construction and related services required by the Contract Documents.
Working Area means all the lands and easements owned or acquired by the Owner for the construction ,
of the Work.
Working Day means any Day, I
a) except Saturdays, Sundays and statutory holidays;
b) except a Day as determined by the Contract Administrator, on which the Contractor is prevented by
inclement weather or conditions resulting immediately therefrom, from proceeding with a Controlling
Operation. For the purposes of this definition, this shall be a Day during which the Contractor cannot
proceed with at least 60% of the normal labour and Equipment force effectively engaged on the
Controlling Operation for at least 5 hours;
c) except a Day on which the Contractor is prevented from proceeding with a Controlling Operation, as
determined by the Contract Administrator by reason of,
i. any breach of the Contract by the Owner or if such prevention is due to the Owner, another
contractor hired by the Owner, or an employee of any one of them, or by anyone else acting
on behalf of the Owner.
ii. non-delivery of Owner supplied Materials.
iii. any cause beyond the reasonable control of the Contractor that can be substantiated by the ,
Contractor to the satisfaction of the Contract Administrator.
Working Drawings or Working Plans means any Drawing 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.
I
November 2019 Page 12 of 59 OPSS.MUNI 100
I
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.
I
I
I
1
I
November 2019 Page 13 of 59 OPSS.MUNI 100
I
I
SECTION GC 2.0 -CONTRACT DOCUMENTS
GC 2.01 Reliance on Contract Documents I
.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: I
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 I
b) other information specifically excluded from this warranty.
GC 2.02 Order of Precedence
.01 In the event of any inconsistency or conflict in the contents of the following documents, such
documents shall take precedence and govern in the following descending order: '
a) Agreement
b) Addenda ,
c) Special Provisions
d) Contract Drawings I
e) Standard Specifications
f) Standard Drawings ,
g) Tender
h) Supplemental General Conditions ,
i) OPSS.MUNI 100 General Conditions of Contract
j) Working Drawings
Later dates shall govern within each of the above categories of documents. '
.02 In the event of any conflict among or inconsistency in the information shown on Drawings, the
following rules shall apply:
a) Dimensions shown in figures on a Drawing shall govern where they differ from dimensions ,
scaled from the same Drawing;
b) Drawings of larger scale shall govern over those of smaller scale; I
c) Detailed Drawings shall govern over general Drawings; and
1
November 2019 Page 14 of 59 OPSS.MUNI 100
1
I
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).
1 .04 The Contract Documents are complementary, and what is required by any one shall be as binding
as if required by all.
I
1
I
November 2019 Page 15 of 59 OPSS.MUNI 100
I
SECTION GC 3.0 -ADMINISTRATION OF THE CONTRACT
GC 3.01 Contract Administrator's Authority '
.01 The Contract Administrator shall be the Owner's representative during construction and until the
issuance of the Completion Certificate or the issuance of the Final Acceptance Certificate, whichever
is later. All instructions to the Contractor, including instructions from the Owner, shall be issued by
the Contract Administrator. The Contract Administrator shall have the authority to act on behalf of
the Owner only to the extent provided in the Contract Documents.
.02 All claims, disputes and other matters in question relating to the performance and the quality of the
Work or the interpretation of the Contract Documents shall be referred to the Contract Administrator
in writing by the Contractor.
.03 The Contract Administrator may inspect the Work for its conformity with the 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. I
.08 Upon written application by the Contractor, the Contract Administrator and the Contractor shall jointly
conduct an inspection of the Work to establish the date of Substantial Performance of the Work or
the date of Completion of the Work or both.
.09 The Contract Administrator shall be, in the first instance, the interpreter of the Contract Documents
and the judge of the performance thereunder by both parties to the Contract. Interpretations and 111
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
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 111
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 reimovals, replacements, or re-executions shall
be made good, promptly, at no additional cost to the Owner.
I
November 2019 Page 16 of 59 OPSS.MUNI 100
I
1
.13 If, in the opinion of the Contract Administrator it is not expedient to correct defective Work or Work
not performed in accordance with the Contract Documents, the Owner may deduct from monies
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
' 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:
1 a) to facilitate the checking of any portion of the Contractor's construction layout;
b) to facilitate the inspection of any portion of the Work; or
' c) for the Contractor to remedy 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.
.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
' 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.
I
November 2019 Page 17 of 59 OPSS.MUNI 100
I
I
.05 The Contractor shall make any changes in Working Drawings that the Contract Administrator may
require to make the Working Drawings consistent with the Contract Documents and resubmit, unless
otherwise directed by the Contract Administrator. When resubmitting, the Contractor shall notify the
Contract Administrator in writing of any revisions other than those requested by the Contract
Administrator.
.06 Work related to the Working Drawings shall not proceed until the Working Drawings have been
signed and dated by the Contract Administrator.
.07 The Contractor shall keep one set of the reviewed Working Drawings, marked as above, at the site
at all times.
GC 3.03 Right of the Contract Administrator to Modify Methods and Equipment ,
.01 The Contractor shall, when requested in writing, make alterations in the method, Equipment, or work
force at any time the Contract Administrator considers the Contractor's actions to be unsafe, or
damaging to either the Work or existing facilities or the environment.
.02 The Contractor shall, when requested in writing, alter the sequence of its operations on the Contract
so as to avoid interference with work being performed by others.
.03 Notwithstanding the foregoing, the Contractor shall ensure that all necessary safety precautions and
protection are maintained throughout the Work.
GC 3.04 Emergency Situations '
.01 The Contract Administrator has the right to determine the existence of an emergency situation and, 111
when such an emergency situation is deemed to exist, the Contract Administrator may instruct the
Contractor to take action to remedy the situation. If the Contractor does not take timely action or, if
the Contractor is not available, the Contract Administrator may direct others to remedy the situation.
.02 If the emergency situation was the fault of the Contractor, the remedial Work shall be done at the
Contractor's expense. If the emergency situation was not the fault of the Contractor, the Owner shall
pay for the remedial Work.
GC 3.05 Layout 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.
I
November 2019 Page 18 of 59 OPSS.MUNI 100
I
1
.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.
1 .05 The terms and conditions of the Contract shall continue for such extension of Contract Time.
' GC 3.07 Delays
.01 If the Contractor is delayed in the performance of the Work by,
' a) war, blockades, and civil commotions;
b) errors in the Contract Documents;
' 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
g) 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.
1
November 2019 Page 19 of 59 OPSS.MUNI 100
1
1
.04 The Contractor shall not be entitled to payment for the cost of delays incurred as a result of a dispute 111
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 1
.01 The Contractor shall not assign the Contract, either in whole or in part, without the prior written
consent of the Owner. 111
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
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 1
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.
1
November 2019 Page 20 of 59 OPSS.MUNI 100
I
.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.
' 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
ICC 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
' 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.
November 2019 Page 21 of 59 OPSS.MUNI 100
I
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 111
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 1
.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;
b) state the grounds, contractual or otherwise, upon which the claim is made; and
November 2019 Page 22 of 59 OPSS.MUNI 100
I
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
' 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.
.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,
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
.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.
111
November 2019 Page 23 of 59 OPSS.MUNI 100
I
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.
.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 I
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
c) Before proceeding with the arbitration, the Contractor shall confirm that all matters in dispute are
set out in the schedule.
GC 3.14.03 Appointment of Arbitrator '
.01 The arbitrator shall be mutually agreed upon by the Owner and Contractor to adjudicate the dispute.
.02 Where the Owner and Contractor cannot agree on a sole arbitrator within 30 Days of the notification
of arbitration noted in 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.
November 2019 Page 24 of 59 OPSS.MUNI 100
' .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
.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.
November 2019 Page 25 of 59 OPSS.MUNI 100
I
SECTION GC 4.0 -OWNER'S RESPONSIBILITIES AND RIGHTS
GC 4.01 Working Area ,
.01 The Owner shall acquire all property rights that are deemed necessary by the Owner for the
construction of the Work, including temporary working easements, and shall indicate the full extent
of the Working Area on the Contract Drawings.
GC 4.02 Approvals and Permits
.01 The Owner shall pay for all plumbing and building permits.
.02 The Owner shall obtain and pay for all permits, licences, and certificates solely required for the
design of the Work.
GC 4.03 Management and Disposition of Materials
.01 The Owner shall identify in the Contract Documents the Materials to be moved within or removed '
from the Working Area and any characteristics of those Materials that necessitates special Materials
management and disposition.
.02 In accordance with regulations under the Occupational Health and Safety Act, R.S.O. 1990, c.O.1,
as amended, the Owner advises that,
a) the designated substances silica, lead, and arsenic are generally present throughout the 1
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 Work111
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.
1
November 2019 Page 26 of 59 OPSS.MUNI 100
I
I
.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
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
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.
' .02 Every precaution shall be taken by the Contractor to protect all railway property at track crossings; or
otherwise, on which construction operations are to take place in accordance with the terms of this
Contract.
.03 The Contractor shall be required to conduct the construction operations in such a manner as to
avoid a possibility of damaging any railway property in the vicinity of the Works. Every reasonable
precaution shall be taken by the Contractor to ensure the safety of the workers, Subcontractors, and
' Equipment, as well as railway property throughout the duration of the Contract.
GC 4.05 Default by the Contractor
.01 If the Contractor fails to commence the Work within 14 Days of a formal order to commence Work
signed by the Contract Administrator or, upon commencement of the Work, should neglect to
prosecute the Work properly or otherwise fails to comply with the requirements of the Contract and,
' if the Contract Administrator has given a written statement to the Owner and Contractor that
sufficient cause exists to justify such action, the Owner may, without prejudice to any other right or
remedy the Owner may have, notify the Contractor in writing that the Contractor is in default of the
Contractor's contractual obligations and instruct the Contractor to correct the default in the
5 Working Days immediately following the receipt of such notice.
.02 If the Contractor is adjudged bankrupt, or makes a general assignment for the benefit of creditors
because of the Contractor's insolvency or if a receiver is appointed because of the Contractor's
' insolvency, the Owner may, without prejudice to any other right or remedy the Owner may have, by
giving the Contractor or receiver or trustee in bankruptcy notice in writing, terminate the Contract.
GC 4.06 Contractor's Right to Correct a Default
.01 The Contractor shall have the right within the 5 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;
1
November 2019 Page 27 of 59 OPSS.MUNI 100
I
I
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 I
.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 I
.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.
1
November 2019 Page 28 of 59 OPSS.MUNI 100
I
I
I
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
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.
1
I
1
November 2019 Page 29 of 59 OPSS.MUNI 100
I
I
SECTION GC 5.0 -MATERIAL
GC 5.01 Supply of Material I
.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 and
disposed of, in what the Contract Administrator considers to be the most appropriate manner, and
the Contractor shall pay the costs of disposal and the appropriate overhead charges.
1
November 2019 Page 30 of 59 OPSS.MUNI 100
1
I
GC 5.04 Substitutions
.01 Where the Contract Documents require the Contractor to supply a Material designated by a trade or
other name, the Tender shall be based only upon supply of the Material so designated, that shall be
regarded as the standard of quality required by the Contract Documents. After the acceptance of
' the Tender, the Contractor may apply to the Contract Administrator to substitute another Material
identified by a different trade or other name for the Material designated as aforesaid. The
application shall be in writing and shall state the price for the proposed substitute Material
designated as aforesaid, and such other information as the Contract Administrator may require.
.02 Rulings on a proposed substitution shall not be made prior to the acceptance of the Tender.
Substitutions shall not be made without the prior approval of the Contract Administrator. The
approval or rejection of a proposed substitution shall be at the discretion of the Contract
Administrator.
.03 If the proposed substitution is approved by the Contract Administrator, the Contractor shall be
entitled to the first $1,000 of the aggregate saving in cost by reason of such substitution and to 50%
of any additional saving in cost in excess of such $1,000. Each such approval shall be conveyed to
the Contractor in writing or by issuance of a Certificate of Equality on the Owner's standard form of
"Certification of Equality" and, if any adjustment to the Contract price is made by reason of such
substitution, a Change Order shall be issued as well.
GC 5.05 Owner Supplied Material
GC 5.05.01 Ordering of Excess Material
.01 Where Material is supplied by the Owner and where this Material is ordered by the Contractor in
' excess of the amount specified to complete the Work, such excess Material shall become the
property of the Contractor on completion of the Work and shall be charged to the Contractor at cost
plus applicable overheads.
GC 5.05.02 Care of Material
.01 The Contractor shall, in advance of receipt of shipments of Material supplied by the Owner, provide
' adequate and proper storage facilities acceptable to the Contract Administrator, and on the receipt of
such Material shall promptly place it in storage, except where it is to be incorporated forthwith into
the Work.
.02 The Contractor shall be responsible for acceptance of Material supplied by the Owner, at the
specified delivery point and for its safe handling and storage. If such Material is damaged while
under the control of the Contractor, it shall be replaced or repaired by the Contractor at no expense
to the Owner, and to the satisfaction of the Contract Administrator. If such Material is rejected by the
' Contract Administrator for reasons that are not the fault of the Contractor, it shall remain in the care
and at the risk of the Contractor until its disposition has been determined by the Contract
Administrator.
.03 Where Material supplied by the Owner arrives at the delivery point in a damaged condition or where
there are discrepancies between the quantities received and the quantities shown on the bills of
lading, the Contractor shall immediately report such damage or discrepancies to the Contract
' Administrator who shall arrange for an immediate inspection of the shipment and provide the
Contractor with a written release from responsibility for such damage or deficiencies. Where
damage or deficiencies are not so reported, it shall be assumed that the shipment arrived in good
condition and order, and any damage or,deficiencies reported thereafter shall be made good by the
' Contractor at no extra cost to the Owner.
November 2019 Page 31 of 59 OPSS.MUNI 100
1
I
.04 The full amount of Material supplied by the Owner in each shipment shall be accounted for by the
Contractor and such Material shall be at the risk of the Contractor after taking delivery. Such
Material shall not, except with the written permission of the Contract Administrator, be used by the
Contractor for purposes other than the performance of the Work under the Contract.
.05 Empty reels, crates, containers, and other type of packaging from Material supplied by the Owner
shall become the property of the Contractor when they are no longer required for their original
purpose and shall be disposed of by the Contractor at the Contractor's expense unless otherwise
specified in the Contract Documents.
111
.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.
I
I
I
I
I
I
November 2019 Page 32 of 59 OPSS.MUNI 100
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;
1 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.
I
November 2019 Page 33 of 59 OPSS.MUNI 100
I
.02 The Contractor shall indemnify and hold harmless the Owner from all and every claim for damages,
royalties or fees for the infringement of any patented invention or copyright occasioned by the
Contractor in connection with the Work performed or Material furnished by the Contractor under the
Contract.
.03 The Owner expressly waives the right to indemnity for claims other than those stated in 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 I
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
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
.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.
i
November 2019 Page 34 of 59 OPSS.MUNI 100
.06 "Claims Made" insurance policies shall not be permitted.
GC 6.03.03 Automobile Liability Insurance
' .01 Automobile liability insurance in respect of licensed vehicles shall have limits of not less than five
million dollars inclusive per occurrence for bodily injury, death and damage to property, in the
following forms endorsed to provide the Owner with not less than 30 Days written notice in advance
' of any cancellation, termination, or material change.
a) standard non-owned automobile policy including standard contractual liability endorsement, and
b) standard owner's form automobile policy providing third party liability and accident benefits
insurance and covering licensed vehicles owned or operated by the Contractor.
GC 6.03.04 Aircraft and Watercraft Liability Insurance
GC 6.03.04.01 Aircraft Liability Insurance
.01 Aircraft liability insurance with respect to owned or non-owned aircraft used directly or indirectly in
the performance of the Work, including use of additional premises, shall be subject to limits of not
less than five million dollars inclusive per occurrence for bodily injury, death, and damage to property
including loss of use thereof, and limits of not less than five million dollars for aircraft passenger
hazard. Such insurance shall be in a form acceptable to the Owner. The policies shall be endorsed
to provide the Owner with not less than 30 Days written notice in advance of cancellation, change, or
amendment restricting coverage.
GC 6.03.04.02 Watercraft Liability Insurance
.01 Watercraft liability insurance with respect to owned or non-owned watercraft used directly or
indirectly in the performance of the Work, including use of additional premises, shall be subject to
limits of not less than five million dollars inclusive per occurrence for bodily injury, death, and
damage to property including loss of use thereof. Such insurance shall be in a form acceptable to
the Owner. The policies shall be endorsed to provide the Owner with not less than 30 Days written
notice in advance of cancellation, change, or amendment restricting coverage.
GC 6.03.05 Property and Boiler Insurance
GC 6.03.05.01 Property Insurance
.01 All risks property insurance shall be in the name of the Contractor, with the Owner and the Contract
Administrator named as additional insureds, insuring not less than the sum of the amount of the
Contract price and the full value, as may be stated in the Contract Documents, of Material that is
specified to be provided by the Owner for incorporation into the Work.
GC 6.03.05.02 Boiler Insurance
.01 Boiler insurance insuring the interests of the Contractor, the Owner and the Contract Administrator
for not less than the replacement value of boilers and pressure vessels forming part of the Work,
shall be in a form acceptable to the Owner.
GC 6.03.05.03 Use and Occupancy of the Work Prior to Completion
' .01 Should the Owner wish to use or occupy part or all of the Work prior to Substantial Performance, the
Owner shall give 30 Days written notice tb 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
I
November 2019 Page 35 of 59 OPSS.MUNI 100
I
the additional premium cost, if any, to maintain property and boiler insurance, which shall be at the
Owner's expense. If because of such use or occupancy the Contractor is unable to provide
coverage, the Owner upon written notice from the Contractor and prior to such use or occupancy
shall provide, maintain, and pay for property and boiler insurance insuring the full value of the Work,
including coverage for such use or occupancy, and shall provide the Contractor with proof of such
insurance. The Contractor shall refund to the Owner the unearned premiums applicable to the
Contractor's policies upon termination of coverage.
.02 The policies shall provide that in the event of a loss or damage, payment shall be made to the
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 I
.01 All risks Contractor's Equipment insurance covering construction equipment used by the Contractor
for the performance of the Work, including boiler insurance on temporary boilers and pressure
vessels, shall be in a form acceptable to the Owner and shall not allow subrogation claims by the
insurer against the Owner. The policies shall be endorsed to provide the Owner with not less than
30 Days written notice in advance of cancellation, change, or amendment restricting coverage.
Subject to satisfactory proof of financial capability by the Contractor for self-insurance of the
Contractor's Equipment, the Owner agrees to waive the equipment insurance requirement, and for
the purpose of this Contract, the Contractor shall be deemed to be insured. This policy shall be
amended to provide permission for the Contractor to grant prior releases with respect to damage to
the Contractor's Equipment. I
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.
i
November 2019 Page 36 of 59 OPSS.MUNI 100
1
I
.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.
1 .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:
1 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.
r
I
November 2019 Page 37 of 59 OPSS.MUNI 100
I
I
SECTION GC 7.0 -CONTRACTOR'S RESPONSIBILITIES AND CONTROL OF THE WORK
GC 7.01 General I
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
.01 The Contractor shall have complete control of the Work and shall effectively direct and supervise the I
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
amended under the Act (the "Regulations") that may affect the performance of the Work, as the 111
"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
November 2019 Page 38 of 59 OPSS.MUNI 100
I
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.
1 .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
1 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.
1 .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 eF
' "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.
I
November 2019 Page 39 of 59 OPSS.MUNI 100
I
.02 The Contractor shall designate a person to be responsible for traffic control and work zone safety.
111
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
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 I
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
I
November 2019 Page 40 of 59 OPSS.MUNI 100
I
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,
I
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.
i .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;
1 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
1 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.
I
1 November 2019 Page 41 of 59 OPSS.MUNI 100
I
I
.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. I
.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 I
.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,
I
November 2019 Page 42 of 59 OPSS.MUNI 100
I
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
Ilane 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.
I .08 Where Work under the Contract is discontinued for any extended period, including seasonal
shutdown, the Contractor shall, when directed by the Contract Administrator, open and place the
Roadway and detours in a passable, safe, and satisfactory condition for public travel.
I .09 Where the Contractor constructs a detour that is not specifically provided for in the Contract
Documents or required by the Contract Administrator, the construction of the detour and, if required,
the subsequent removal shall be performed at the Contractor's expense. The detour shall be
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
I
November 2019 Page 43 of 59 OPSS.MUNI 100
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 I
.01 Except as specified in subsection GC 4.02, Approval and Permits, the Contractor shall obtain and
pay for any permits, licences, and certificates, which at the date of tender closing, are required for
the performance of the Work. ,
.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 I
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.
I
November 2019 Page 44 of 59 OPSS.MUNI 100
' .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.
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
' 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
' 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
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
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;
' 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
incident.
I
November 2019 Page 45 of 59 OPSS.MUNI 100
1
.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. I
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.
.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 1
.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 I
Owner, defects or deficiencies in the Work that appear,
November 2019 Page 46 of 59 OPSS.MUNI 100
I
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
t .01 The Contractor shall only employ orderly, competent, and skillful workers to do the Work and
whenever the Contract Administrator shall inform the Contractor in writing that any worker or workers
involved in the Work are, in the opinion of the Contract Administrator, incompetent, or disorderly
' such worker or workers shall be removed from the Work and shall not be employed on the Work
again without the consent in writing of the Contract Administrator.
' GC 7.18 Drainage
.01 During construction and until the Work is completed, the Contractor shall make all reasonable efforts
to keep all portions of the Work properly and efficiently drained, to at least the same degree as that
' of the existing drainage conditions.
I
r
r
I
I
November 2019 Page 47 of 59 OPSS.MUNI 100
I
1
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 111
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.
I
November 2019 Page 48 of 59 OPSS.MUNI 100
I
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, Bill, 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.
I
November 2019 Page 49 of 59 OPSS.MUNI 100
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; '
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.
I
November 2019 Page 50 of 59 OPSS.MUNI 100
I
.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
' 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
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.
tGC 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 S of the Construction Act, as amended, publish a copy of the
' certificate in the manner set out in the regulations.
November 2019 Page 51 of 59 OPSS.MUNI 100
I
.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
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 the111
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 '
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
111
.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 111
was completed and, within 7 Days of signing the said certificate, the Contract Administrator shall
provide a copy to the Contractor.
1
November 2019 Page 52 of 59 OPSS.MUNI 100
I
1
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
' 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
1 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.
November 2019 Page 53 of 59 OPSS.MUNI 100
I
1
.02 If the Contractor has not complied with the requirements of the Contract, including all documentation
requirements, prior to expiration of the time periods described in 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
.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.
November 2019 Page 54 of 59 OPSS.MUNI 100
r
I
Payroll Burden means the payments in respect of workplace insurance, vacation pay, employment
' insurance, public liability and property damage insurance, sickness and accident insurance, pension fund,
and such other welfare and benefit payments forming part of the Contractor's normal labour costs.
Rented Equipment means Equipment that is rented or leased for the special purpose of Work on a Time
and Material Basis from a person, firm, or corporation that is not an associate of the lessee as the word
"associate" is defined by the Securities Act, R.S.O. 1990, c.S.5, as amended, and is approved by the
Contract Administrator.
' Road Work means the preparation, construction, finishing, and construction maintenance of roads,
streets, Highways, and parking lots and includes all work incidentals thereto other than Work on
structures.
Sewer and Watermain Work means the preparation, construction, finishing, and construction
maintenance of sewer systems and watermain systems, and includes all work incidental thereto other
than Work on structures.
' Standby Time means any period of time that is not considered Working Time and which together with the
Working Time does not exceed 10 hours in any one Working Day and during which time a unit of
Equipment cannot practically be used on other Work but must remain on the site in order to continue with
' its assigned task and during which time the unit is in fully operable condition.
Structure Work means the construction, reconstruction, repair, alteration, remodelling, renovation, or
' demolition of any bridge, building, tunnel, or retaining wall and includes the preparation for and the laying
of the foundation of any bridge, building, tunnel, or retaining wall and the installation of Equipment and
appurtenances incidental thereto.
The 127 Rate means the rate for a unit of Equipment as listed in OPSS.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
' .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
November 2019 Page 55 of 59 OPSS.MUNI 100
r
1
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
.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 4
.01 The Owner shall pay the Contractor for Standby Time of Equipment at 35% of The 127 Rate or 35%
of the invoice price whichever is appropriate. The Owner shall pay reasonable costs for Rented
Equipment where this is necessarily retained in the Working Area for extended periods agreed to by
I
November 2019 Page 56 of 59 OPSS.MUNI 100
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
' 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,
1 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.
•
November 2019 Page 57 of 59 OPSS.MUNI 100
i
1
.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. 1
GC 8.02.05.11 Payment Inclusions
.01 Except where there is agreement in writing to the contrary, the compensation, as herein provided,
shall be accepted by the Contractor as compensation in full for profit and all costs and expenses
arising out of the Work, including all cost of general supervision, administration, and management
time spent on the Work, and no other payment or allowance shall be made in respect of such Work.
GC 8.02.06 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
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. 1
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. 1
1
November 2019 Page 58 of 59 OPSS.MUNI 100
I
I
.02 Claims for compensation for additional tax cost shall be submitted by the Contractor to the Contract
Administrator on forms provided by the Contract Administrator to the Contractor. Such claims for
additional tax costs shall be submitted not less than 30 Days after the date of Final Acceptance.
.03 Where the Contractor benefits from a change in Canadian Federal or Provincial taxes, the
Contractor shall submit to the Contract Administrator on forms provided by the Contract
Administrator, a statement of such benefits. This statement shall be submitted not later than 30
Days after Final Acceptance.
.04 Changes in Canadian Federal or Provincial taxes that impact upon commodities, which when left in
place form part of the finished Work, or the provision of services, where such services form part of
the Work and where the manufacture or supply of such commodities or the provision of such
services is carried out by the Contractor or a Subcontractor, are subject to a claim or benefit as
detailed above. Services in the latter context means the supply and operation of Equipment, the
provision of labour, and the supply of commodities that do not form part of the Work.
.05 The Contractor shall add the Harmonized Sales Tax(HST)to all invoices.
GC 8.02.09 Liquidated Damages
' .01 When liquidated damages are specified in the Contract and the Contractor fails to complete the
Work in accordance with the Contract, the Contractor shall pay such amounts as are specified in the
Contract Documents.
I
I
I
I
I
1
November 2019 Page 59 of 59 OPSS.MUNI 100
A-1
AGREEMENT
CONTRACT NO. 22038
1 THIS AGREEMENT MADE IN TRIPLICATE THIS 11di
DAY OF April , 2022.
BETWEEN:
MUNICIPALITY OF KINCARDINE (hereinafter called "the Owner")
1475 Concession 5, R. R. 5 OF THE FIRST PART
Kincardine, ON N2Z 2X6 - and—
DENHALL CONSTRUCTION INC. (hereinafter called "the Contractor")
452 Bowes Road, Unit 14 OF THE SECOND PART
Vaughan, ON L4K 1K2
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, Water Treatment Plant Reservoir Repairs, Contract No. 22038.
P ty P
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
' A-2
a) Agreement
' b) Addenda
c) Special Provisions
d) Contract Drawings
' e) Information to Bidders
0Standard Specifications
g) Standard Drawings
' h) Form of Tender
i) Supplemental General Conditions
j) General Conditions
k) Working Drawings
ARTICLE 3
The Contractor shall not without the consent in writing of the Owner(or the Engineer) and
without restricting in any way the provisions of the General Conditions attached hereto make any
' assignment of any part or the whole of any monies due or to become due under the provisions of
this contract.
ARTICLE 4
The Owner covenants with the Contractor that the Contractor having in all respects complied
with the provisions of this contract, will be paid for and in respect of the works at the tendered
lump sum or unit prices after measurement approved by the Contract Administrator, the total
which is presently estimated to be the sum of
Two Hundred Six Thousand, Four Hundred Ten Dollars and One Cent
( $206,410.01 )
' subject to such additions and deductions as may properly be made under the terms hereof,
subject to the provision that the Owner may make payments on account monthly or otherwise as
may be provided in the attached hereto.
1 ARTICLE 5
Where any notice, direction or other communication is required to be or may be given or made
by one of the parties hereto to the other or to the Contract Administrator, it shall be deemed
sufficiently given or made if mailed or delivered in writing to such party or to the Contract
Administrator at the following address:
B. M. ROSS AND ASSOCIATES LIMITED
Engineers and Planners
' 62 North Street
Goderich, ON N7A 2T4
' Where any such notice, direction or other communication is given or made to the Contract
Administrator, a copy thereof shall likewise be delivered to any agent of the Contract
Administrator appointed in accordance with the General Conditions of this Contract and where
' any such notice, direction or other communications is given or made to such Agent, a copy
thereof shall likewise be delivered to the Contract Administrator.
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
1 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
1 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
I
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.
IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals the day and
year first above written or caused their corporate seals to be affixed, attested by the signature of
their proper officer, as the case may be.
FOR THE OWNER:
i C�exr\t Clovtx or
g
Si nature Name itle Date
1 I/We have the authority to bind the corporation.
w Ro hG tchmoinn ACC City April 26112022.
Signature Name e Date
' I/We have the authority to bind the corporation.
I
FOR THE CONTRACTOR:
/1/;12:44
'c//7/13?_
Signature 1(9"./'Name 441°. Title O Date
I/.We have the authority to bind the corporation.
Signature Name Title Date
I/We have the authority to bind the corporation.
Y:\Project_Mgmt_Resources\Forms_Templates\Contracts\Contract Documents\A 1-4-20 21-0 1-01-fixed.docx
I
' 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,
1 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.
2. Submit a copy of past accident records and Worker's Compensation Board Number.
3. Include health and safety provisions in their management systems to reach and maintain
consistently a high level of health and safety.
4. Ensure that workers in their employ are aware of hazardous substances that may be in use
' at their place of work and wear appropriate personal protective equipment as may be
required.
5. Upon request at any time from award to completion of contract, submit proof of
fulfilment of above responsibilities.
6. Must comply with Workplace Safety Insurance Board (WSIB) premiums.
7. The Contractor shall sign-off on the corporate occupational health& safety form stating
his agreement to comply.
tYour co-operation and assistance in this matter is appreciated and vital to the Health and Safety
of all.
1
r
Y:\Project_Mgmt_Resources\Forms_Templates\Contracts\Contract Documents\KINCARDINE F
1
' 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.
Ariele4e,'
Contractor's Name Date
I
I
I
1
I
I
1
I
1 Y:\Project_Mgmt_Resources\Forms_Templates\Contracts\Contract Documents\KINCARDINE I-
' CONTRACT RELEASE
(IN THE MATTER of a contract, known as Contract No.
(entered into between
( the Owner
( 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 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
P Y
Date
Y:\Project_Mgmt_Resources\Forms_Templates\Contracts\Contract Documents\Contract Release 18Aug9.docx
' STATUTORY DECLARATION RE: LIENS, LIABILITIES & PAYMENT OF ACCOUNTS
DOMINION OF CANADA IN THE MATTER of(a contract, known as
' PROVINCE OF ONTARIO
entered into between( the Owner
AND( the Contractor
' dated( , 20
for the construction of(
I in(_ , Ontario.
TO WIT:
I, of in the
Province of , do solemnly declare:
1. That I am of the
(President, Secretary, Treasurer,a Partner, etc.)
' Contractor named in the Contract above-mentioned and as such have personal knowledge of the
facts hereunder declared.
' 2. That 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
' 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($)
I
(If there are no accounts, enter "NONE" above)
1 5. That all persons who have placed or furnished any material or things to be used in connection with
the above Contract have been fully paid or their claims have been settled in respect of such work,
service, materials or things and there are no liens, garnishees, attachments or claims relating
' thereto.
6. That all subcontractors who were engaged in or in any manner associated with the performance of
any part of the above contract have discharged all liabilities which they incurred in respect thereof.
1 7. That all claims for damage to property or injury to persons of which the above-named Contractor
has received notice have been fully paid or settled, except for the following:
Claimant Description of Amount of Amount Paid($)
Claim Claim($)
' (If there are no accounts, enter "NONE" above)
Y:\Project_Mgmt_Resources\Forms Templates\Contracts\Contract Documents\Statutory Declaration 18Aug9.docx Page 1 of 2
8. That the above-named Contractor has not had any notice of any grounds for a claim (other than
those covered by paragraph 7 above)connected with this contract by a third party and for which a
claim might be made and I believe that no such claim will be made.
AND I MAKE THIS SOLEMN DECLARATION conscientiously believing it to be true and knowing
that it is of the same force and effect as if made under oath and by virtue of"The Canada Evidence Act".
DECLARED before me at the of)
in the County of )
this day of )
A.D. 20 )
)
A Commissioner, etc. or Notary Public
I
I
I
Y:\Project_Mgmt_Resources\Forms_Templates\Contracts\Contract Documents\Statutory Declaration 18Aug9.docx Page 2 of 2
� APPENDIX A
� CEM-KOTE® FLEX ST
� SPECIFICATION
GUIDE SPECIFICATION FOR CEM-KOTE® FLEX ST - RESTORATION:
' FLEXIBLE CEMENTITIOUS WATERPROOF COATING
07 16 00 — Cementitious and Reactive Waterproofing
Specifier Notes: This guide specification is written according to the Construction Specifications Institute (CSI)
format. The section must be carefully reviewed and edited by the Architect or Engineer to meet the
requirements of the project. Coordinate this section with other specification sections and drawings.
Specifier Notes: This specification is for installation of CEM-KOTE FLEX ST flexible cementitious
waterproofing coating manufactured by Gemite Products, Inc. in restoration projects.
' CEM-KOTE FLEX ST is designed for positive and negative waterproofing of concrete structures in new
construction and restoration. It is suitable for water and wastewater tanks, secondary containment structures,
tunnels, concrete slabs, balconies, and patios with light-to-medium traffic. In new construction, where superior
flexibility is required (i.e., waste water treatment facilities), CEM-KOTE FLEX ST can be reinforced with
' REINFORCING FABRIC HD throughout. In restoration, REINFORCING FABRIC NW is used just over cracks
to provide bridging. This specification should be read in conjunction with both the product data sheets and
installation instructions.
CEM-KOTE FLEX ST is approved for use in potable water facilities as per ANSI/NSF Standard 61 — Barrier
Materials.
PART 1 GENERAL
' 1.01 SECTION INCLUDES
A. Surface preparation.
' B. Application of a flexible, cementitious, waterproofing coating.
C. The general conditions, supplementary conditions and general requirements of this
document apply to general contractors, subcontractors, material suppliers, and all other
persons furnishing labor and materials under this section.
1.02 WORK INCLUDED
A. Provide all labor, material, and equipment necessary to apply cementitious coating in
application over concrete surfaces as shown on the contract drawings and specified herein.
' Specifier Notes: Concrete surfaces in restoration projects exhibit various degree of surface erosion,
depending on many variables, including age,water chemistry, concrete quality, concrete finishing. and
other factors.The depth of deterioration can vary from very shallow and superficial (40-80 mils)to much
deeper(1/4"—3/8").The high pressure water cleaning makes erosion depth deeper by approximately (40-
80 mils)or more, depending on erosion. In most projects, CEM-KOTE FLEX ST is applied without
installation of the leveling course. But, in some projects, the owner or designer may require the leveling
' course prior to application of CEM-KOTE FLEX ST. This guide specification covers both situations. The
project specification must clearly state if only CEM-KOTE FLEX ST or the leveling course of GEM-PLAST
TC and CEM-KOTE FLEX ST will be applied. Contact Gemite Products, Inc. in all applications where
CEM-KOTE FLEX ST thickness over 80 mils is considered.
1.03 RELATED SECTIONS
' Project Name 3/9/2022 07 16 00-1 Cementitious and Reactive Waterproofing
Specifier Notes: Edit the list of related sections as required for the project. List other sections dealing with work
directly related to this section.
A. Section 03 30 00—Cast-In-Place Concrete.
B. Section 03 01 30.61 — Rehabilitation of Cast-in-place Concrete. ,
C. Section 07 10 00— Dampproofing and Waterproofing.
1.04 REFERENCES
A. ASTM C 672 - Standard Test Method for Scaling Resistance of Concrete Surfaces Exposed
to Deicing Chemicals.
B. ASTM D412 (modified) -Standard Test Methods for Vulcanized Rubber and Thermoplastic
Elastomers—Tension.
C. ASTM E96 - Standard Test Methods for Water Vapor Transmission of Materials ("Wet Cup"
Procedure).
D. TT-P-1411 —Federal Specification, Paint, Copolymer-Resin, Cementitious (for Waterproofing
Concrete and Masonry Walls).
E. Gemite ISO TP (Test Procedure) 005-97 -Tensile Properties of Thin Cement Composites.
1.05 QUALITY ASSURANCE
A. Contractor will provide the proper equipment, manpower, and supervision at the jobsite to
install the cementitious coating in compliance with the project plans and specifications.
B. Prepare a site sample approximately 4' x 4'. This sample will be regarded as the minimum
standard of workmanship acceptable for this project. I
C. Installation must be carried out by an experienced contractor with an adequate number of
skilled personnel experienced in the application of the crystalline coating systems.
111
D. Maintain a record of the batch numbers of all materials supplied for this project.
1.06 PRE-CONSTRUCTION MEETING '
A. Convene [one] [ ]week[ ] prior to commencing work of this section, in accordance
with Section 1.05-Quality Assurance, meeting with manufacturer's technical representative,
General Contractor and Site Engineer to review the installation procedures.
1.07 SUBMITTALS '
A. Comply with Section 01 33 00 -Submittal Procedures.
B. Submit manufacturer's product data and application instructions. '
1.08 DELIVERY, STORAGE, AND HANDLING
A. Deliver materials to site in manufacturer's original, unopened containers and packaging, with
labels clearly identifying product name and manufacturer.
B. Store cementitious coating in a clean, dry area protected from direct sunlight, weather and
other damage. Store all wet materials at a temperature of not less than 44°F at all
times.
Project Name 3/9/2022 07 16 00-2 Cementitious and Reactive Waterproofing ,
C. Protect materials during handling and application to prevent damage or contamination.
1.09 ENVIRONMENTAL REQUIREMENTS
A. Product not intended for uses subject to abuse.
' B. Product must never be applied if ambient temperatures cannot be kept above 40°F during
application and for 48 hours thereafter.
' C. Avoid applications at temperatures above 82°F.
D. Protect surrounding surfaces from damage due to work of this trade.
E. Hot Weather Application
1. Protect the surface against rapid evaporation of water between the finishing and the
' 2. final set time.
Use water misting or apply a surface evaporation retarder.
F. Cold Weather Application
' 1.2. Apply in temperatures above freezing point.
Protect the material against freezing for a minimum of 48 hours.
3. Use electrical heaters to avoid carbonation and carbonation cracking.
' PART 2 PRODUCTS
2.01 MANUFACTURER
A. W. R. MEADOWS®, INC., PO Box 338, Hampshire, Illinois 60140-0338. (800) 342-5976.
(847) 683-4500. Fax(847) 683-4544. Website: www.wrmeadows.com.
' B. GEMITE PRODUCTS INC., 1787 Drew Road, Mississauga, Ontario, Canada L5S 1J5.
(888)443-6483. Fax (905) 672-6780. Website: www.gemite.com.
2.02 MATERIALS
A. Flexible Cementitious Coating: CEM-KOTE FLEX ST manufactured by Gemite
' Products Inc. and distributed by W. R. MEADOWS.
2.03 ACCESSORIES
' A. Reinforcing Fabric(Woven) for cove reinforcement or entire surface application:
REINFORCING FABRIC HD manufactured by Gemite Products Inc. and distributed
1 by W. R. MEADOWS.
B. Reinforcing Fabric(Non-Woven) for crack treatment: REINFORCING FABRIC NW
manufactured by Gemite Products Inc. and distributed by W. R. MEADOWS.
C. Bonding Mortar for coves on protruding steel and plastic pipes: CEM-KOTE
BARRIER COAT 100 manufactured by Gemite Products Inc. and distributed by W.
' R. MEADOWS.
D. Thin Patching Mortar for thin repairs, including bug holes: MEADOW-PATCH- T1
' manufactured by W. R. MEADOWS.
}
E. General Purpose Structural Repair Mortar for repairs or coves: MEADOW-CRETE®
GPS manufactured by W. R. MEADOWS.
F. Thin Set Concrete Restoration Mortar: GEM-PLAST TC manufactured by Gemite
Products, Inc.
' Project Name 3/9/2022 07 16 00-3 Cementitious and Reactive Waterproofing
PART 3 EXECUTION
3.01 EXAMINATION
A. Examine surfaces to receive the thin set mortar and flexible cementitious coating.
B. Report to owner's representative, in writing, any defects in previously prepared work or
unsatisfactory site conditions.
C. Do not begin surface preparation or application until unacceptable conditions have been
corrected.
D. Starting work under this section means acceptance of the surface and previously prepared
work.
3.02 SURFACE PREPARATION
Specifier Notes: Clean the surface of GEM-PLAST TC with pressure water in the same manner as cleaning of
the concrete surface. Note: Pressure washing the GEM-PLAST TC surface the next day, while the material has
not developed a full strength, makes the surface preparation of GEM-PLAST TC for application of CEM-KOTE
FLEX ST easier.
A. Thoroughly clean the surface using high-pressure wash with a minimum 5000 psi or 3500
psi with sand brought into the nozzle.
Specifier Notes: The pressure gauge must show 5000 psi. Note: The original pumps may have been
outputting this pressure, but after some wear, the pressure could be considerably lower. When using 5000
psi water, the nozzle providing rotating water stream must be used and placed not more than 12" from the
surface. The surface porosity after cleaning must be clearly visible and the"soft" surface layer must be
removed. When in doubt, perform a bond test to assure proper surface preparation is being done, or if any
additional cleaning or abrasive cleaning is required. If concrete surface is very hard due to a high
compressive strength or due to using Zemdrain (by Dupont) as part of concrete forming, contact Gemite
Products, Inc. for advice.
B. Ensure all soft concrete surfaces and any bond-inhibiting materials, such as release agents, 1
are removed.
C. Wash the surface thoroughly with water prior to the application of the cementitious coating. '
D. Allow all surface water to dry off to achieve a saturated surface dry (SSD) condition.
E. To ensure proper surface preparation, a bond test should be performed in accordance with
manufacturer's instructions.
F. Surface Repair
1. Use thin patching mortar to patch the"honeycombing" and air pockets.
2. Use polymer modified structural repair mortar for patching in excess of 1/4".
3. Uneven concrete, due to concrete form misplacement, must be chipped away and
surface patched smooth.
4. Build corner coves 2" x 2" minimum, using an overhead or vertical structural repair
mortar.
G. Treatment of Existing Cracks and All Non-Structural Joints
1
Project Name 3/9/2022 07 16 00-4 Cementitious and Reactive Waterproofing ,
Specifier Notes: In some underground projects, the concrete wall/slab might be completely saturated with
water. The water-leaking cracks indicate this situation. Alternatively, the general information about the
structure also indicates the possibility of"water head" behind wall or below the slab. In such situation, use a
strip of REINFORCING FABRIC HD instead of REINFORCING FABRIC NW to treat the cracks, to allow
better drying/curing of CEM-KOTE FLEX ST over the crack. The active water-leaking crack must can be
' sealed using either the"cut and fill method"with hydraulic water plugs or by urethane injection. The crack
must be free of water leaks for at least three days to allow CEM-KOTE FLEX ST to cure/dry over the cracks
and become watertight.
' 1. Identify all the existing cracks and joints and apply a thin layer of the flexible
cementitious coating approximately 4 1/2"wide and 19 mils thick by trowel or brush.
2. Embed the non-woven reinforcing fabric over the entire area of this coating and work
' 3. in using trowel.
Ensure this coating application totally covers the reinforcing fabric.
4. Let dry sufficiently and apply an additional coat of this flexible cementitious coating
to build up to a total thickness of 38 mils over the entire area.
H. Treatment of Inside Corners
1. Install a 2" x 2" cove over the inside corners using polymer-modified structural repair
' 2. mortar.
Apply a thin layer of flexible cementitious coating approximately 10" wide and 31
mils by trowel or brush.
3. Embed the woven reinforcing fabric over the entire area of this coating and work in
using trowel.
4. Ensure this coating application totally covers the reinforcing fabric.
5. Apply an additional coat of this flexible cementitious coating to build up a total
' thickness of 63 mils over the entire area.
Treatment of Protruding Elements
1. Apply two coats of flexible cementitious coating at a thickness of 63 mils to both the
' concrete surface and protruding element.
2. Form a 2" x 2" minimum cove using polymer-modified structural repair mortar in the
corner.
3. Allow polymer-modified structural repair mortar to cure.
Specifier Notes: In case the concrete structure is less than six weeks old after casting concrete and the drying
' shrinkage cracking had not yet occurred, REINFORCING FABRIC HD should be used throughout, since it is
unknown where the cracks will be formed. The REINFORCING FABRIC HD fabric is there to allow the
maximum crack spanning during the formation of cracks after installation of the membrane.
When applying REINFORCING FABRIC HD over the entire surface, use the same procedure as described in
3.2.9. Overlap the fabric by a minimum of 1". Avoid "sharp" corners. Apply MEADOW-CRETE GPS into the
corner to form a"cove" (gradual transfer from one side to the other side of the corner). REINFORCING FABRIC
HD is used over the coved corners.
Specifier Notes: In existing facilities, REINFORCING FABRIC HD is used only over the existing (non-structural,
' typically drying shrinkage) cracks and cold (construction)joints. Use a strip of REINFORCING FABRIC HD over
any coved corners. The expansion joints must be respected.
Specifier Notes: When using CEM-KOTE FLEX ST in ozone treatment tanks of potable water facilities,
REINFORCING FABRIC HD is used on the entire surface and the minimum thickness of CEM-KOTE FLEX
ST system must be 79 mils
3.03 MIXING
' A. Thin Set Concrete Restoration Mortar
1. Mix the dry content of 50 lb. bag with 1.1 gallons of water for hand application
or with 1.21 - 1.27 gallons of water for spray application using 1/2" drill with
paddle or conventional mortar mixer. ,
Project Name 3/9/2022 07 16 00-5 Cementitious and Reactive Waterproofing
I
B. Flexible Cementitious Coating
1. Mix the content of the bag, component A, with the liquid component B.
2. Use a heavy-duty drill (400 -600 RPM)with a helix screw or paddle mixer to achieve
thorough mixing.
3. Pour approximately 80% of the liquid component B into the mixing container(mixer)
and gradually add the dry component A into the liquid and mix until a smooth and
lump-free mix is obtained.
4. Add the remaining liquid as required for a given application consistency.
5. At high ambient temperatures, and depending on application, one to two cups of
water can be added if required.
3.04 APPLICATION
A. Thin Set Concrete Restoration Mortar
1. Hand application
Apply thjn set mortar using a trowel, in a manner similar to stucco application;
a"scratch"coat and the second (third) coat), and finish using a float, to obtain
an "open structure" surface.
2. Spray Application
Apply first a thin "scratch"coat and brush the surface to obtain continuity.
ii. Apply the second (third)coat—"wet to green condition."
iii. Compact the material using a trowel to eliminate entrapped air and finish with
float to obtain"open structure" surface.
Specifier Notes: If GEM-PLAST TC layer must be left overnight prior to application of consecutive coat, leave
the surface"rough" and pressure wash with minimum 3500 psi water.
.3 Air dry cure GEM-PLAST TC for a minimum three days prior to application of flexible
cementitious coating.
B. Flexible Cementitious Coating
1. Brush or spray-apply the first coat of cementitious coating to a thickness of 1/32".
2. If spraying, brush the first coat to eliminate any pinholes.
3. Apply the second coat after approximately 15 - 30 minutes at the same thickness as
the first coat(1/32"), giving a finish thickness of 1/16".
4. Brush the second coat to eliminate pinholes.
5. Protect against surface water evaporation. 1
Specifier Notes: If the first coat is left to dry over-night or longer, use 3500 water to clean the surface before
application of an additional coat.
B. Finishing
1. To obtain a smooth surface, if required, finish the surface using a steel trowel.
C. Curing
1. Air-dry cure flexible cementitious coating for 72 hours at 68°F and 70—80%
RH prior to filling with water.
2. Allowance for longer curing/drying time will be required with cooler temperatures and
higher relative humidity.
Specifier Notes: Use electrical (NOT propane) heaters or hot air generators to avoid carbonation and ,
carbonation cracking.
3.05 SITE CLEANUP '
A. Remove all excess and waste materials from the jobsite in accordance with contract
provisions. ,
B. Ensure all surrounding areas where the material has been applied and is free of debris.
Project Name 3/9/2022 07 16 00-6 Cementitious and Reactive Waterproofing ,
END OF SECTION
1
1
1
' Project Name 3/9/2022 07 16 00-7 Cementitious and Reactive Waterproofing