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Home My WebLink About22 079 KWTP Building Upgrades (Denhall Construction Inc.) Tender By-lawTHE CORPORATION OF THE MUNICIPALITY OF KINCARDINE BY-LAW NO. 2022 - 079 BEING A BY-LAW TO ACCEPT A TENDER FOR KINCARDINE WATER TREATMENT PLANT (KWTP) BUILDING UPGRADES (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 Building Upgrades 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 Building Upgrades at the Kincardine Water Treatment Plant (KWTP), in the amount $432,082.43 (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 Building Upgrades (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 r I MUNICIPALITY OF KINCARDINE ' COLUMN REPAIRS AT THE KINCARDINE WATER TREATMENT PLANT CONTRACT NO. 18031 ' ADDENDUM NO. 2 1 Plan takers shall note the following: 1. Drawings for the 1977 addition to the Kincardine Water Treatment Plan are available on ' the FTP site. Drawings of the original building are not available, and drawings for more recent additions have not been provided. The details for the 1977 addition are anticipated to be similar to the details for the original building but are not expected to match exactly. All relevant dimensions are to be confirmed in the field prior to ordering materials and preparing shop drawings. B. M. ROSS AND ASSOCIATES LIMITED Engineers and Planners ' 62 North Street Goderich, ON N7A 2T4 Phone: (519) 524-2641 ' www.bmross.net March 25, 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 I 1 MUNICIPALITY OF KINCARDINE ' COLUMN REPAIRS AT THE KINCARDINE WATER TREATMENT PLANT CONTRACT NO. 18031 ADDENDUM NO. 1 Plan takers shall note the following: 1. Bidders are encouraged to visit the facility to make themselves aware of site specific conditions that could impact their methodology and/or timelines. A site visit can be arranged by contacting: Jeff Johnston, Acting Supervisor Environmental services ' Municipality of Kincardine Site visits after Thursday, March 24, 2022 will not be permitted. I B. M. ROSS AND ASSOCIATES LIMITED Engineers and Planners 62 North Street Goderich, ON N7A 2T4 Phone: (519) 524-2641 www.bmross.net March 7, 2022 Contractor's Signature Date (Bidders shall sign and date all addenda and attach copies to the submitted Tender) 1 1 ' MUNICIPALITY OF KINCARDINE ■ COLUMN REPAIRS AT THE ■ KINCARDINE WATER TREATMENT PLANT CONTRACT NO. 18031 Cher BMROSS engineering better communities i 1 I I I I 1 I MUNICIPALITY OF KINCARDINE COLUMN REPAIRS AT THE I HINCARDINE WATER TREATMENT PLANT I CONTRACT NO. 18031 I I I i MUNICIPALITY OF KINCARDINE COLUMN REPAIRS AT THE KINCARDINE WATER TREATMENT PLANT CONTRACT NO. 18031 INDEX TO CONTRACT DOCUMENTS I Description Page IAddendum No. 1 Front Cover Information to Bidders IB-1 — IB-6 Tender Form of Tender T-1 —T-4 IT-A& T-B Statement re Sub-Contractors Agreement to Bond Schedule of Plans, Specifications, General Conditions & Standards IIndex to Special Provisions Special Provisions SP-1 to SP-l0 ISupplemental General Conditions Pages 1- 8 IGeneral Conditions—OPSS.MUNI 100 Rev. Date: 11/2019 Agreement A-1-A-4 IMunicipality of Kincardine Health and Safety Form IContract Release Statutory Declaration Re: Liens, Liabilities & Payment of Accounts I I I I I 1 I i 1 I I I 1 INFORMATION TO BIDDERS I I i 1 I I 1 I I Y:\Project_Mgmt_Resources\Forms_Templates\Contracts\Contract Documents\IB's Rev 20Marl7.docx I I I INDEX TO INFORMATION TO BIDDERS (May 2020) ' 1) Date and Place for Receiving Tenders IB-1 2) Tender Deposit IB-1 3) Submission of Tender IB-1 4) Clarification IB-2 5) Withdrawal of Tender 1B-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 I I I I I 1 1 ' IB-1 INFORMATION TO BIDDERS I1) 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: ! Municipality of Kincardine for the amount of: Twenty Thousand Dollars($20,000.00). Scanned bid bonds are acceptable, digital XENEX bonds not required. The Municipality does not require the original to be provide with the tender submission. ' The Contractor will be required to provide paper copies of the original bonding, WSIB, and insurance documents at the time of award of contract. 1 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 1 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 ' 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 tendersit'�,kincardine.ca clearly identified in the subject line as COLUMN REPAIRS AT THE KINCARDINE WATER TREATMENT PLANT. b) Statement re Sub-Contractors: The page titled"STATEMENT RE: SUB-CONTRACTORS", included in the contract documents shall be completed and submitted as part of the tender by each bidder. This shall include a list of proposed Sub-Contractors showing the value of the work to be sublet to each. The value of work sublet shall not exceed 50% of the total work to any one subcontractor without written authorization of the Contract Administrator. Failure to provide this list may render the tender invalid. c) Agreement to Bond: Bidders must have the "Agreement to Bond" forms, or equivalent, of this contract completed by their bonding company, and the same must be submitted with their tender in order to validate their bid. 4) CLARIFICATION: Any details in question on this tender or in the accompanying plans shall be clarified by the bidder prior I to submitting the bid. The unit prices as tendered shall include the supply of all permits, labour, equipment, and materials except where noted that are necessary to complete the contract. For technical questions related to tender documents, please contact: I Ryan Munn, Project Manager B. M. Ross and Associates Limited Engineers and Planners Ph: (519) 524-2641 rmunn@bmross.net Questions shall be provided in writing no later than four(4)calendar days before the closing date. 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: I 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. 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. 111 I ' IB-3 7) TENDER AWARD: 1 Bidders are notified that any unbalanced items,errors, or omissions in the tender may render the tender invalid. Contractors are notified that each tender shall continue open to 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. 1 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 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. I 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 a force majeure event as defined in Section GC 1.04.01, as amended in the Supplemental General Conditions, the time of completion shall be extended in writing at any time on such terms and for such period as shall be determined by the Contract Administrator, and notwithstanding such extensions, time shall continue to be deemed of the essence of this contract. An application by the Contractor for an extension of time as herein provided shall be made to the Contract Administrator, with a copy to the Owner, within five (5)business days of the Contractor becoming aware of an Event of Delay and at least 15 days prior to the date of completion fixed by the contract. All bonds or other surety furnished to the Owner by the Contractor shall be amended where necessary at the expense of the Contractor to provide coverage beyond the date of any extension of time granted, and the Contractor shall furnish the Owner with evidence of such amendment of the bonds or other surety. If an extension is requested by the Contractor due to an Event of Delay, as defined in Information to Bidders Section 10 b)herein, and the extension is granted,the said extension shall be granted and accepted without prejudice to any rights of the parties under the Contract, unless expressly waived by a party in writing. In particular, the parties acknowledge and agree that all rights and remedies afforded to the Parties under the Contract shall remain in full force and effect after the time limited in this Contract for the completion of the work and any party may take any action consequent upon the act, default, breach, neglect, delay, non-observance or non-performance by the Contractor in respect of the work or Contract,or any portion thereof, such powers or authorities may be exercised from time to time and not only in the event of the happening of such contingencies before the time limited in this Contract for the completion of the work but also in the event of the same happening after the time so limited in the case of the Contractor being permitted to proceed with the execution of the work under an extension of time granted by the Contract Administrator. c) Liquidated Damages: 1 It is agreed by the parties to the contract that in case all the work called for under the contract is not finished or completed within the date of completion, damages will be sustained by the Owner, and that it is and will be impracticable and extremely difficult to ascertain and determine the actual damage which the Owner will sustain in the event of and by reason of such delay and the parties hereto agree that the Contractor will pay to the Owner the sum of One Thousand Dollars($1,000.00)per day for liquidated damages for each and every calendar day's delay in finishing the work beyond the date of completion ' prescribed, and it is agreed that this amount is an estimate of actual damage to the Owner which will accrue during the period in excess of the prescribed date of completion. 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 ' IB-5 addition to and without prejudice to any other remedy, action or other alternative that may be available to the Owner. d) No Liability to Owner: Notwithstanding any provision contained in the Contract,the Owner shall not be responsible to the Contractor for any costs, loss and/or damage, including but not limited to liquidated damages, arising from any delays and/or a termination of the Contract, if, and to the extent that,the Owner's delay or other failure to perform the obligations under the Contract or a termination of the Contract are caused by or as a result of the COVID-19 pandemic, as determined by the Owner in its sole discretion. In such a case, the Owner shall notify the Contractor of such conditions and cause thereof. 111 Furthermore, notwithstanding any provision contained in the Contract, it is acknowledged and agreed that GC 3.07.01(c)and GC 7.10.02, as amended in the Supplemental General Conditions, shall not include an Order or Bylaw issued pursuant to the Emergency Management and Civil Protection Act, R.S.O. 1990, c.E.9 or a Directive from a public authority in response to the COVID-19 pandemic and in such a case, if there is delay or termination of the Contract as a result of such an Order, Bylaw or Directive it is agreed that the Owner shall not be responsible to the Contractor for costs, loss or damage, and in particular liquidated damages. Iii) TAXES: Harmonized Sales Tax(HST): The 13 %Harmonized Sales Tax will be paid on all Work performed within the contract. It will be listed as a separate item on all tender documents and adjusted on final payment in accordance with the fmal contract price. 12) BRIBERY: 1 Should the Contractor or any of their agents give or offer any gratuity to or attempt to bribe any officer or servant of the Owner, the Owner shall be at liberty to cancel the contract forthwith or to direct the Contract Administrator to take the whole or any part of the works out of the hands of the Contractor. ' Bribery shall be considered as non-fulfilment of the contract by the Contractor. 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. No alternate forms of security will be considered. I I IB-6 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. I 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 I 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 I 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 I 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 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 I 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. I I I T-1 FORM OF TENDER MUNICIPALITY OF KINCARDINE COLUMN REPAIRS AT THE KINCARDINE WATER TREATMENT PLANT CONTRACT NO. 18031 Tender by Denhall Construction Inc. ' residing at 452 Bowes Road, Unit 14 Vaughan, ON L4K 1 K2 a company duly incorporated under the laws of Ontario and having its head office at 452 Bowes Road, Unit 14, Vaughan, ON L4K 1K2 hereinafter called the "Bidder" 1 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, I Information to Bidders, Standard Specifications, Standard Drawings, Form of Tender, Supplemental General Conditions, General Conditions and Addendum/Addenda Numbers 1 to 2* inclusive, hereby tender and offer in accordance therewith to enter into a contract within the prescribed time, 1 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 Four Hundred Seven Nine Thousand, Eight Hundred Eight Dollars and Fifty One Cents ' ( $ 479,808.51 ) 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 I T-2 ITHE AFORESAID SUM IS MADE UP AS FOLLOWS: ISCHEDULE OF ITEMS AND PRICES IItem Spec. # Description Qty./Unit Price Amount PART 1 I1 SP Lump sum for mobilization and 1 L.S. 80,100.00 demobilization all other requirements I of the contract not specifically covered by or related to the Ithe preceding items 2 SP Accces and temporarily support I structural steel columns for repairs including containment of debris Ia) Columns along exterior wall 5 ea. 4,950.00 24,750.00 b) Columns along interior wall 3 ea. 4,950.00 14,850.00 I3 SP Structural steel column repairs including containment of debris, and restoration Ia) Columns along exterior wall 5 ea. 6,187.50 30,937.50 Ib) Columns along interior wall 3 ea. 6,187.50 18,562.50 4 SP Cleaning and coating of lower 1500 mm 8 ea. 962.50 7,700.00 Iof repaired columns SP Bonding and Insurance 1 L.S. 16,859.30 IS Sub-Total Part 1 -- 193,759.30 IPART 2 - PROVISIONAL I6 SP Contingency Allowance 40,000.00 7 182, 911, Access lower 300 mm of columns ISP for inspection I a) Columns along exterior wall 7 ea. 2,750.00 19,250.00 b) Columns along interior wall 3 ea. 1,650.00 4,950.00 I I T-3 IItem Spec. # Description Qty./Unit Price Amount 8 SP Accces and temporarily support I structural steel columns for repairs identified during inspection, Iincluding containment of debris a) Columns along exterior wall 7 ea. 4,950.00 34,650.00 Ib) Columns along interior wall 3 ea. 4,950.00 14,850.00 I 9 SP Structural steel column repair including containment of debris, and restoration Ia) Columns along exterior wall 7 ea. 6,187.50 43,312.50 b) Columns along interior wall 3 ea. 6,187.50 18,562.50 II10 SP Cleaning and coating of lower 1500 mm 10 ea. 962.50 9,625.00 of repaired Columns I11 SP Cleaning and coating the remainder of the structural steel in the original building Ia) 5 Easterly Frames 1 L.S. 9,350.00 9,350.00 Ib) 5 Westerly Frames 1 L.S. 9,350.00 9,350.00 12 SP Additional protection measures 1 L.S. 5,500.00 5,500.00 Irequired under part 1 for hazardous materials (lead) I13 SP Additional protection measures 1 L.S. 5,500.00 required under part 2 (provisional) Ihazardous materials (Lead) 14 SP Reapir masonry IExterior Masonry Wall Ia) Access 1 L.S. 2,750.00 b) Clean and re-point masonry joints 20.0 m2 220.00 4,400.00 Iin structural masonry walls c) Clean and re-point joints 6.0 m2 275.00 1,650.00 Iin brick veneer wall I I T-4 IItem Spec. # Description Qty./Unit Price Amount IInterior Masonry Wall - Chlorine Room a) Access 1 L.S. 2,750.00 Ib) Remove and repair masonry block in 1 L.S. 4,400.00 structural masonry wall at service pipe ISub-Total Part 2 - Provisional-- 230,850.00 I Sub-Total (Part 1 + Part 2 - Provisional) 424,609.30 I13% HST 55,199.21 TOTAL TENDER 479,808.51 I I I I r r T-A STANDARD TENDER REQUIREMENTS I/We agree to complete the work within the time specified in the Information to Bidders. 111 I/We also agree that this Tender is to a formal contract beingprepared 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; knowled e comparison of or (b) That this tender is made without any connection, knowledge, pfigures 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 1 I ' T-B (h) That if this tender is accepted, we the undersigned agree to furnish an approved surety bond for the proper fulfilment of the contract and to execute the Agreement in triplicate within ten (10) days after being notified so to do. In the event of default or failure on our part to do so, we the undersigned agree that the Owner shall be at liberty to retain the ' money deposited by us to the use of the Owner, and to accept the next lowest or any tender or to advertise for new tenders or to carry out the works in any other way deemed best and we also agree to pay to the said Owner the difference between this tender and ' any greater sum which the Owner may expend or incur by reason of such default or failure, or by reason of such acting, as aforesaid, on their part including the cost of any advertising for new tenders and to indemnify and save harmless the said Owner and its ' officers from all loss, damage, cost, charges and expenses which they may suffer or be put to by reason of any such default or failure on our part. The"Agreement to Bond" of the 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 Twenty Thousand Dollars and Zero Cents ($20,000.00) 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. 18031-T-B 2 Bonds.docx I ' 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 Field Protective Coating Services Name and Address 6420 Glanworth Drive London, ON N6L 1 J4 Item No. /Description 4,10,11 a,11 b,12,13 Percent of Contract 10% ' 2. Sub-Contractor J C Welding Brockton Ltd Name and Address 1028 Bruce 4 Walkerton, ON NOG 2V0 Item No. /Description 3a, 3b, 9a, 9b Percent of Contract 23.85% 3. Sub-Contractor Scaff-Tech Ltd 1 Name and Address 11 0 Riviera Drive, Unit 13 Markham, ON L3R 5M1 Item No. /Description 1 ' Percent of Contract 5% 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:\18031-Kincardine-WTP_UV_Upgrade\WP\Contract 2022\18031-Sub-Contractors.docx I IAGREEMENT TO BOND (PERFORMANCE BOND AND LABOUR AND MATERIALS PAYMENT BOND) I ** I IDate: , 20 PROJECT NO. ICONTRACT NO. TO: I Dear Sirs: RE: IIn consideration of (hereinafter referred to as "the Owner") accepting the tender of and executing an Agreement with: I (hereinafter referred to as "the Tenderer") for the construction of 1 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 111 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 Iacceptance of the said tender and execution of the said Agreement by the Owner has been mailed to us. Yours very truly, I (Seal) INOTE: 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 Ithe 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 I SCHEDULE OF PLANS, SPECIFICATIONS, GENERAL CONDITIONS & STANDARDS 1 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, Column ' Repairs at the Kincardine Water Treatment Plant, Contract No. 18031. A. SPECIAL PROVISIONS—Pages SP-1 to SP-8 B. PLANS - Drawing Nos. 1 to 3 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 ' 180-Nov/21 911-Nov/14 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 1 1 I 1 I I INDEX TO SPECIAL PROVISIONS Item No. 1 Lump Sum for Mobilization, Demobilization and Other Requirements SP-1 Item No. 2 Access and Temporarily Support Structural Steel Columns for Repairs Including Containment of Debris SP-2 Item No. 3 Structural Steel Columns Repairs Including Containment of Debris and Restoration SP-2 Item No. 4 Cleaning and Coating of Lower 1500 mm of Repaired Columns SP-3 Item No. 5 Bonding and Insurance SP-5 Item No. 6 Contingency Allowance SP-6 Item No. 7 Access the Lower 300 mm of Columns for Inspection SP-6 Item No. 8 Access and Temporarily Support Structural Steel Columns for Repairs Identified During Inspection, Including Containment of Debris SP-6 Item No. 9 Structural Steel Columns Repairs Including Containment of Debris and Restoration SP-6 Item No. 10 Cleaning and Coating of Lower 1500 mm Of Repaired Columns SP-7 Item No. 11 Cleaning and Coating of Remaining Structural Steel SP-7 Item Nos. 12 & 13 Additional Protection Measures Required for Hazardous Materials (Lead) SP-9 Item No. 14 Repair Masonry SP-9 U 1 I I 1 I I SP-1 ITEM NO. 1 LUMP SUM FOR MOBILIZATION, DEMOBILIZATION AND OTHER REQUIREMENTS 1 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 around existing utility lines, and water treatment components. 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 construct platforms to protect all the open top concrete chambers (filters, future filters, clarifiers) inside the facility prior to beginning removals. As a minimum, platforms shall consist of dimension lumber, plywood, and poly plastic. Chamber units that are partially covered with metal grating may be protected with plywood and poly plastic as a minimum. All platforms are to be removed at the end of the project. Also included under this item is the cost to review plant operations with Municipal staff and to provide general arrangement drawings for platforms prior to installation. Crews may only mobilize to site after contracts have been signed, a work plan including protection of plant components has been approved by the Municipality. All work shall be completed by November 25, 2022, including provisional work. Work extended beyond these limits will result in liquidated damages. 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 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. SP-2 I ITEM NO. 2 ACCESS AND TEMPORARILY SUPPORT STRUCTURAL STEEL COLUMNS FOR REPAIRS INCLUDING CONTAINMENT OF DEBRIS For the unit price bid per column location, under this item, the contractor shall gain access to, and temporarily support the structural steel columns identified on the drawings for repair under part 1 of the contract(excluding provisional column repair locations). The columns included under this item are Columns 1, 2, 3, 8, 9, 10, 11, and 12. Access for support and repair of Column 12 requires removal of interior finishes. Included under this item is the cost to supply, maintain, and remove systems to catch debris created to access the work area, and to catch debris created during the repairs. All debris shall become property of the Contractor and removed from site at the end of each work day. The collection system shall be secured so that debris cannot be dispersed from the collection areas. I Details for Temporary support for the columns are provided on the contract drawings for various column locations. The contractor shall take all site measurements necessary to confirm dimensions prior to ordering materials. This shall include excavation to the top of the concrete footing on the exterior side of the building. The Contractor shall also confirm the adequacy of the proposed temporary support system prior to ordering materials. Failure to provide temporary support prior to undertaking removals and repairs could result in destabilization of the building. Additional temporary support that can be removed to gain access to the work areas without destabilizing the system is recommended to be installed at the end of each working day and prior to weekends to improve stability. This could include, but is not limited to additional supports, braces, and blocking, etc. I Shop drawings for the temporary support system shall be provided prior to manufacture. The contractor may design their own temporary support systems. However, the design shall be sealed by a professional engineer for the loads indicated on the contract drawings, or for revised loads calculated by the engineer with their own methods. A system that allows for adjustment i on-site is preferred. ONLY ONE column may be accessed at one time. Restoration must be complete before accessing the next column. ITEM NO. 3 1 STRUCTURAL STEEL COLUMNS REPAIRS INCLUDING CONTAINMENT OF DEBRIS AND RESTORATION For the unit price bid per column location, under this item, the contractor shall repair the structural steel columns identified on the contract drawings as per the details on the contract drawings. SP-3 The new steel column sections shall be securelyfastened to the existingto match or exceed the resistance provided by the original column in a new condition. The existing columns are tapered and have a height of 233 mm at the base. The gap between the new and existing steel shall be minimized. The original column length at each repair location shall be maintained as much as practical. Structural steel shall be grade 350 W unless noted otherwise on the contract drawings. All welding shall be completed in conformance with CSA W59. Upon completion of the coating, all areas surrounding the columns used to gain access shall be restore to original condition. This includes restoration of masonry, interior finished, paint, flooring, etc. I ITEM NO.4 CLEANING AND COATING OF LOWER 1500 mm OF REPAIRED COLUMNS At the unit price bid per column location, under this item the contractor shall clean and coat the lower 1500 mm of the repaired columns prior to restoration. Protect Existing Components and Surfaces The Contractor shall supply, place, maintain and remove systems to catch debris and paint. All debris collected and removed shall become property of the Contractor. Debris collected shall be removed at the end of each work day. The collection system shall be secured so that debris cannot be dispersed from the collection areas. The contractor shall review plant operations with municipal staff prior to applying a protection system, prior to removal and coating operations, and once the protection system has been removed. Clean and Re-Coat Steel Sampling and a Certificate of Analysis for the existing coatings shall be completed prior to ordering materials. Prior to restoring surfaces removed to gain access to the column repair locations, the Contractor shall clean the lower 1500 mm of the repaired columns to receive a new coating as outlined on the contract drawings. OPSS.MUNI.911 and the paint manufacturer's specifications shall apply. ' Steel shall be cleaned with solvents (SSPC.SP1), hand tools (SSPC.SP2), and power tools (SSPC.SP3) as outlined in the contract drawings. Rust and loose paint shall be removed. Well adhered paint may remain if it meets adhesion requirements of the new sealant and coating. No coating or sealant shall be applied until a representative of the coating manufacturer has visited the site to confirm that the surfaces have been prepared in accordance with the requirements of their product. The representative of the coating and sealant manufacturer shall provide site specific recommendations and input for the contractor prior to applying I SP-4 I the new coating. A letter report on company letterhead from the representative of the coating and sealant manufacture is required to be provided to the contract administrator within 1 week of the site visit. The contract administrator shall receive at least 2 days notice prior to applying coatings and sealants. The Contractor shall seal and apply a coating to exposed steel surfaces as noted on the contract drawings OPSS.MUNI.911 and the sealant and coating manufacturer's specifications shall apply. The contractor shall provide access to the contract administrator to review structural steel for section loss. The contractor shall operate the access equipment for the administrator during the inspection. Sealing and coating shall not begin until after the steel has been reviewed by the contract I. administrator and repairs have been made. Sealant: Amerlock I Coating: Amerlock 2 (fast drying, aluminum epoxy mastic coating) or approved equivalent. As noted above, the paint manufacturer's specifications shall apply. Some key points are noted below: • SSPC.SPI Solvent Clean I • SSPC.SP2 Hand tool clean • SSPC.SP3 Power Tool clean • Ensure any remaining coating is sound and well adhered • Do not apply over acrylic coatings or coatings that exhibit poor solvent resistance • A test patch is required to determine compatibility and adhesion , • Feather the edges of tightly adhered, intact coatings • 1 coat 4-8 mils on bare steel or rusted areas, followed by 1 coat 4-8 mils over the whole area • Application shall be by brush or roller only The contractor shall meet Municipal staff to discuss their operations before mobilizing to site and prior to coating. Of particular importance will be control of air flow through the building. The contractor shall clearly indicate their plans to the Municipality in regards to doorways, existing louvres, existing exhaust fans, etc. The Contractor shall communicate their plans regularly and cooperate with the Municipality in terms of the day to day operations at the plant including restriction of access and shared building access. A representative of the coating manufacturer shall visit the site at least once during coating operations to confirm that the coating is being applied in accordance with their recommendations. A letter report on company letterhead from the representative of the paint manufacture is required to be provided to the contract administrator within 1 week of the site visit. No additional inspection is required. However, the contractor shall document the following: • Dates coating applied • Temperature and Humidity 1 • Measurements of film thickness at regular intervals I SP-5 The Contractor shall take precautions to prevent damage to areas that are not to receive coating (underside of the roofing, etc.) ITEM NO. 5 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—Not 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. 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: Payment under this item will be made with the first payment certificate. I I SP-6 I PROVISIONAL ITEMS ITEM NO. 6 CONTINGENCY ALLOWANCE A lump sum allowance has been made for contingencies in the contract. Only those additional items approved in writing on behalf of the Owner, by the Contract Administrator, will be expended from this allowance. , ITEM NO. 7 ACCESS THE LOWER 300 mm OF COLUMNS FOR INSPECTION If approved by the Municipality, for the unit price bid per column location under this item, the contractor shall gain access to the lower 300 mm of structural steel columns identified on the drawings for inspection. The columns included under this item are Columns 4, 5, 6, 7, 13, 14, 15, 16, 17, and 18. 1 Included under this item is the cost to supply, maintain, and remove systems to catch debris created to access the work area. All debris shall become property of the Contractor and removed from site at the end of each workday. The collection system shall be secured so that debris cannot be dispersed from the collection areas. Also included under this item is the cost to restore the area to original conditions. ITEM NO. 8 1 ACCESS AND TEMPOPRARILY SUPPORT STRUCTURAL STEEL COLUMNS FOR REPAIRS IDENTIFIED DURING INSPECTION, INCLUDING CONTAINMENT OF I DEBRIS If approved by the Municipality, for the unit price bid per column location under this item, the I contractor shall gain access to, and temporarily support structural steel columns identified for repair during the inspection (Item No. 7). Included under this item is the cost to contain and catch debris created in order to access the work area. This item is to be completed as outlined under Item No. 2 of Part 1 of the contract. Access for support and repair of Columns 13, 14 and 15 requires removal of interior finishes. ITEM NO. 9 , STRUCTURAL STEEL COLUMNS REPAIRS INCLUDING CONTAINMENT OF DEBRIS AND RESTORATION If approved by the Municipality, for the unit price bid per column location, under this item, the contractor shall repair the structural steel columns identified for repair during the inspection (Item No. 7). I SP-7 1 fastened to the existingto match or exceed the The new steel column sections shall be securely ' resistance provided by the original column in a new condition. The existing columns are tapered and have a height of 233 mm at the base. The gap between the new and existing steel shall be minimized. The original column length at each repair location shall be maintained as much as practical. Structural steel shall be grade 350 W unless noted otherwise on the contract drawings. All welding shall be completed in conformance with CSA W59. ITEM NO. 10 CLEANING AND COATING OF LOWER 1500 mm OF REPAIRED COLUMNS 1 Under this item, the contractor shall clean and coat the columns inspected (Item 7) and repaired (Item 9), or just inspected (Item 7). 1 This item is to be completed as outlined under Item No. 3. ITEM NO. 11 CLEANING AND COATING OF REMAINING STRUCTURAL STEEL If approved by the Municipality, under these items the contractor shall clean and coat the remainder of the structural steel in the original building to the original roof line. This includes the structural steel columns above the 1500 mm mark, the structural steel beams spanning between the columns, and the structural steel purlins spanning between the frames. 1 Protect Existing Components and Surfaces The Contractor shall supply, place, maintain and remove systems to catch debris and paint. All debris collected and removed shall become property of the Contractor. Debris collected shall be removed at the end of each workday. The collection system shall be 1 secured so that debris cannot be dispersed from the collection areas. The contractor shall review plant operations with municipal staff prior to applying a protection system, prior to removal and coating operations, and once the protection system has been removed. Clean and Re-Coat Steel Contractors shall visit the site to confirm dimensions and take measurements as required to bid the job. Sampling and a Certificate of Analysis for the existing coatings shall be completed prior to ordering materials. I SP-8 I The Contractor shall clean all exposed steel surfaces to receive a new coating as outlined on the contract drawings. OPSS.MUNI.911 and the paint manufacturer's specifications shall apply. Steel shall be cleaned with solvents (SSPC.SP1), hand tools (SSPC.SP2), and power tools (SSPC.SP3) as outlined in the contract drawings. Rust and loose paint shall be removed. Well adhered paint may remain if it meets adhesion requirements of the new sealant and coating. I No coating or sealant shall be applied until a representative of the coating manufacturer has visited the site to confirm that the surfaces have been prepared in accordance with the requirements of their product. The representative of the coating and sealant manufacturer shall provide site specific recommendations and input for the contractor prior to applying the new coating. A letter report on company letterhead from the representative of the coating and sealant manufacture is required to be provided to the contract administrator within 1 week of the site visit. The contract administrator shall receive at least 2 days notice prior to applying coatings and sealants. , The Contractor shall seal and apply a coating to exposed steel surfaces as noted on the contract drawings OPSS.MUNI.911 and the sealant and coating manufacturer's specifications shall apply. The contractor shall provide access to the contract administrator to review structural steel for section loss. The contractor shall operate the access equipment for the administrator during the inspection. Sealing and coating shall not begin until after the steel has been reviewed by the contract administrator and repairs have been made. Sealant: Amerlock Coating: Amerlock 2 (fast drying, aluminum epoxy mastic coating) or approved equivalent. I As noted above, the paint manufacturer's specifications shall apply. Some key points are noted below: t • SSPC.SP1 Solvent Clean • SSPC.SP2 Hand tool clean • SSPC.SP3 Power Tool clean • Ensure any remaining coating is sound and well adhered • Do not apply over acrylic coatings or coatings that exhibit poor solvent resistance I • A test patch is required to determine compatibility and adhesion • Feather the edges of tightly adhered, intact coatings • 1 coat 4-8 mils on bare steel or rusted areas, followed by 1 coat 4-8 mils over the whole area • Application shall be by brush or roller only The contractor shall meet Municipal staff to discuss their operations before mobilizing to site and prior to coating. Of particular importance will be control of air flow through the building. The contractor shall clearly indicate their plans to the Municipality in regards to doorways, existing louvres, existing exhaust fans, etc. The contractor shall communicate their plans regularly and cooperate with the Municipality in terms of the day to day operations at the plant including restriction of access and shared building access. 1 I SP-9 I A representative of the coating manufacturer shall visit the site at least once during coating I operations to confirm that the coating is being applied in accordance with their recommendations. A letter report on company letterhead from the representative of the paint manufacture is required to be provided to the contract administrator within 1 week 1 of the site visit. No additional inspection is required. However, the contractor shall document the following: • Dates coating applied I • Temperature and Humidity • Measurements of film thickness at regular intervals IThe Contractor shall take precautions to prevent damage to areas that are not to receive coating (underside of the roofing, etc.) IPayment shall be made at the lump sum bid. I ITEM NOS. 12 & 13 ADDITIONAL PROTECTION MEASURES REQUIRED FOR HAZARDOUS MATERIALS (LEAD) IFor the lump sum bid, under these items, the contractor shall include the cost for additional measures that will be required for removal of the existing coatings if they are found to contain Ihazardous materials (lead). I ITEM NO. 14 REPAIR MASONRY I If approved by the Municipality, as per the tender form breakdown, the Contractor shall clean out and re-point existing exterior mortar joints at the westerly end of the north building, and repair masonry at a service pipe in the Chlorine Room to accommodate movement. IAccess I For the lump sum bid, under this item, the contractor shall supply materials and construct and remove any working platforms necessary to complete the masonry repairs. All platforms are to be removed at the end of the project. IRe-Point Mortar Joints I For the unit price bid under this item, the Contractor shall clean and point with mortar all bed and head joints as identified by the Contract Administrator in the areas indicated on the contract drawings. ICleaningshall be done with apressure washer and coarse bristle brush. The pressure washer shall have a minimum operating nozzle pressure of 3000psi at a rate of not less than 4 gallons per 111 minute. I I SP-10 I Remove debris, and litter from the joints and remove such materials from the site to a landfill. Where mortar exists and is to be removed, consideration should be given to placing I shims or wedges to hold units in place. Depth of cleaning shall be 5 times the joint thickness to a maximum of 70 mm. Cleaning shall include removal of all mortar to the specified depth and flushing by pressure washer. The mortar grade for the structural masonry walls shall be Type "S" with a minimum compressive strength of 12.5 MPa(1800 psi) at 28 days. Water as required to provide plasticity II to achieve the joint thickness. Mortar shall be placed by manual tools or a repointing gun. Trowel the face edge with a round bar or pointing tool to achieve a smooth, convex face. I Mortar for veneer masonry walls shall be Type "N" with a minimum compressive strength of 8 MPa (750 psi) at 28 days unless specified otherwise on the drawings. Pigments shall be added as I required to prepare coloured mortar. Mortar mixing and pointing shall be completed under the supervision of an experienced I mason. Two weeks before construction, the Contractor shall submit project references of the supervising mason. Mortar Plasticizer admix shall be liquid stable 'micro' air entraining and shall be approved by I the Contract Administrator. Freshly laid masonry shall be protected from drying too rapidly, by means of waterproof, non- I staining coverings. Masonry shall be kept dry using waterproof, non-staining coverings that extend over walls and I down sides sufficient to protect walls from wind driven rain, until masonry work is completed and protected by flashings or other permanent construction. Masonry shall be protected from marking and other damage. Protect completed work from mortar droppings. Use non-staining coverings. Point all holes in masonry (except weepers) and cut out all defective joints and repoint with mortar. Thoroughly clean all exposed masonry of exterior and interior walls of all dirt, stains and excess mortar with stiff brushes and solution of trisodium phosphate and water. Scrapers may be used only where necessary with prior approval by the Contract Administrator. Work from the top of wall towards bottom, completing work without interruption. 12 weep holes shall be installed in the exterior structural masonry block wall to provide ventilation and drainage for the wall system. These shall be at least 35 mm high the width of the mortar joint and may be plastic or aluminium. Remove and Repair Masonry Block in Structural Masonry Wall at Service Pipe Under this item the Contractor is to remove enough masonry block to install a sleeve and foam gasket that can accommodate movement and provide separation between the masonry and the I service pipe. The removals shall be minimized and replaced with non-shrink grout(12.5 Mpa). I I ISUPPLEMENTAL GENERAL CONDITIONS ITable of Contents I GC 1.04 Definition 1 GC 2.01 Reliance on Contract Documents 4 GC 2.02 Order of Precedence 4 I GC 3.02 Working Drawings 4 GC 3.05 Layout Information 5 GC 3.06 Extension of Contract Time 5 1 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 GC 7.02 Monuments and Layout 6 1 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 IGC 8.02.04.04 Substantial Performance of Work 7 GC 8.02.04.05 Substantial Performance Payment and Substantial Performance Statutory Holdback Release Payment 7 IGC 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 I IY:AProject_Mgmt_Resources\Forms_Templates\Contracts\Contract Documents\Supplemental GC's 20Nov25-fixed.docx Page 1 GC SECTION SUPPLEMENTAL CONDITION 1 GC 1.04 GC 1.04.01, Definitions, shall be amended with the inclusion of the DEFINITION following definitions: I 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. I 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 I 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. 1 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 I process. Appurtenance means an appurtenance, within the meaning of O. Reg. , 170/03, which is in contact with the Drinking Water. Backflow Prevention means the prevention of a reversal of normal flow that could introduce Contamination to the Drinking Water System. Certified Operator means certified operator within the meaning of O. Reg. 170/03. Completion means contract completion as set out in the Construction Act.: For the purposes of this Act, a contract shall be deemed to be completed and services or materials shall be deemed to be last supplied to the improvement I 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 I (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 Page 2 (b) that is published at least daily on all days other than Saturdays and holidays, (c) in which calls for tender on construction contracts are customarily published, and (d) that is primarily devoted to the publication of matters of concern to the ' construction industry. Contaminant means foreign matter that is not intended to enter a watermain. Contamination means the introduction of a contaminant into a watermain. Directly Supervised means directly supervised within the meaning of Section 5.1.1 of the Certification Guide for Operators and Water Quality i Analysts of Drinking Water Systems, as amended, but it does not expressly refer to the definition of supervisor under the Occupational Health and Safety Act. Drinking Water means drinking water within the meaning of the Safe Drinking Water Act. Drinking Water Health Hazard means drinking water health hazard within the meaning of the Safe Drinking Water Act. Drinking Water System means drinking water system within the meaning of the Safe Drinking Water Act. Flushing means flowing water through a section of watermain/ appurtenances and out of the system until the water appears visibly free from discoloration and particulates with an acceptable disinfectant concentration. This definition does not include recharging a watermain. Force Majeure means an event or a cause beyond the reasonable control of a Party including, but not limited to, an Act of God, or of a Public Enemy, Acts of the Province or of any Foreign State, war,blockades, and civil commotions, Abnormal Weather, fire, disease, epidemic, pandemic, quarantine restrictions, embargoes or delays of Sub-Contractors due to such causes. Higher Velocity Flushing means flushing of a watermain with sufficient velocity to discharge settled materials. 1 Isolate means operate valves to ensure that there is no flow of water to or from a specific section of watermain. 1 Microbiological Samples means water samples taken and tested for Escherichia coli and Total Coliforms by a licensed and accredited laboratory. iMinistry means the Ministry of the Environment, Conservation and Parks. Page 3 I Operator-in-Charge means an operator-in-charge within the meaning of O. Reg. 128/04. 1 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. 1 Shop Drawings means any Drawings or Plans prepared by the Contractor 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. I 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, (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 I 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, I (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. Water Quality Analyst means a water quality analyst within the meaning of O. Reg. 128/04. I Page 4 IWorking Drawings or Working Plans means any Drawings or Plans prepared by the Contractor for the execution of the Work and may, without tlimiting 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 I CONTRACT DOCUMENTS a) The location and depth of all utilities shown on the contract drawings are based on information obtained from the applicable operating authority. Neither the Owner nor the Contract Administrator can warrant the 1 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 1 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 1 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: I 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: 1 .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, Page 5 "Reviewed" or"Reviewed as Modified", "Revise and Re-Submit' or Not I Reviewed". GC 3.05 GC 3.05.02 shall be amended as follows: i LAYOUT INFORMATION .02 The Contract Administrator shall provide pre and post construction inventories of all known Monuments, etc. that are located within the Working Area. GC 3.06 GC 3.06.01 shall be amended to read: EXTENSION OF CONTRACT TIME .01 An application for an extension of Contract Time shall be made in writing by the Contractor to the Contract Administrator, with a copy to the Owner, within five (5) business days of the Contractor becoming aware of the need for such extension and at least 15 Days prior to the expiration of the 111 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: 1 .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 IContractor for payment for costs or damages incurred as a result of delays resulting in an Extension of the Contract Time. 1 GC 4.02 GC 4.02.01 shall be amended as follows: APPROVALS AND I PERMITS .01 The Contractor shall be responsible for obtaining and paying for all plumbing and building permits. GC 6.01 GC 6.01.04 shall be deleted and replaced with: PROTECTION OF WORK, PERSONS .04 The Contractor shall not be responsible for loss and damage that 1 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 1 within 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 1 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 111 expense. One week advance notice is required by the Contract Administrator to I 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 Page 7 Administrator of any layout work carried out, so that the same may be I checked by the Contract Administrator. GC 7.10 GC 7.10.02 shall be amended as follows: I CONTRACTOR'S RIGHT TO STOP .02 If the Work is stopped or otherwise delayed for a period of 60 Days or THE WORK OR more under an order of a court or other public authority which falls within TERMINATE THE Section GC 3.07.01(c), as amended in the Supplemental General Conditions, CONTRACT the Contractor may, without prejudice to any other right or remedy the Contractor may have, by giving the Owner written notice, terminate the Contract. GC 7.18 GC 7.18.01 shall be amended as follows: DRAINAGE .01 During construction and until the Work is completed, the Contractor shall make reasonable efforts to keep all portions of the Work properly and efficiently drained, to at least the same degree as that of the existing drainage conditions. The Contractor will be held responsible for all damage which may be caused or result from water backing up or flowing over, through, from or along any part of the works, or which any of the operations may cause to flow elsewhere. I GC 8.02.03 GC 8.02.03.01, the first sentence of paragraph GC 8.02.03.01 shall be ADVANCE amended as follows: PAYMENTS FOR MATERIALS .01 The Owner may make advance payments for Material intended for incorporation in the Work upon the written request of the Contractor and according to the following terms and conditions: GC 8.02.04.04 GC 8.02.04.04.04, shall be amended as follows: SUBSTANTIAL PERFORMACE OF .04 Upon receipt of a copy of the Certificate of Substantial Performance, the WORK Contractor shall forthwith, as required by Section 32(1) Paragraph 5 of the Construction Act, as amended, publish a copy of the certificate in a construction trade newspaper. GC 8.02.04.05 GC 8.02.04.05.03, shall be amended as follows: , SUBSTANTIAL PERFORMANCE .03 The Substantial Performance Statutory Holdback Release Payment PAYMENT AND Certificate shall be a payment certificate releasing to the Contractor the SUBSTANTIAL Statutory Holdback due in respect of Work performed up to the date of PERFORMANCE Substantial Performance. Payment of such Statutory Holdback shall be due STATUTORY 61 Days after the date of publication of the Certificate of Substantial 111 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; 1 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 1 Administrator, by the Contractor indicating that all liabilities incurred by the Contractor and the Subcontractors in carrying out the Contract have been discharged except for the statutory holdbacks properly retained and guaranteed maintenance holdback properly retained. GC 8.02.04.07 GC 8.02.04.07.02, shall be amended as follows: COMPLETION PAYMENT AND .02 The Completion Statutory Holdback Release Payment Certificate shall COMPLETION be a payment certificate releasing to the Contractor the further Statutory STATUTORY Holdback. Subject to any outstanding liens and permissible set-offs and HOLDBACK upon submission of the following: RELEASE PAYMENT a) Three copies of an original signed and sealed release, on the CERTIFICATES document provided, or in a form satisfactory to the Contract Administrator, by the Contractor releasing the Owner from all further claims related to the Contract qualified by stated exceptions such as outstanding work or matters arising out of subsection GC 3.13 Claims, Negotiations, Mediation; b) Three copies of an original signed and notarized statutory declaration, on the form provided, or in a form satisfactory to the Contract Administrator, by the Contractor indicating that all liabilities incurred by the Contractor and the Subcontractors in carrying out the Contract have been discharged except for the statutory holdbacks properly retained and Guaranteed Maintenance Holdback properly retained; and c) A satisfactory Certificate of Clearance from the Workplace Safety and Insurance Board, ' the Owner shall pay the remaining statutory holdback on the Work done, within 28 Days after the expiration of the 60-Day lien period. GC 8.02.05.07 GC 8.02.05.07.01 shall be amended as follows: 1 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 I - Ontario Provincial Standards OPSS.MUNI 100 for November 2019 1 Roads and Public Works IOPSS MUNI GENERAL CONDITIONS OF CONTRACT I Table of Contents SECTION GC 1.0 -INTERPRETATION IGC 1.01 Captions 7 GC 1.02 Abbreviations 7 IGC 1.03 Gender and Singular References 7 GC 1.04 Definitions 8 IGC 1.05 Ontario Traffic Manual 13 GC 1.06 Final Acceptance 13 IGC 1.07 Interpretation of Certain Words 13 ISECTION GC 2.0 -CONTRACT DOCUMENTS GC 2.01 Reliance on Contract Documents 14 1 GC 2.02 Order of Precedence 14 1 SECTION GC 3.0 -ADMINISTRATION OF THE CONTRACT GC 3.01 Contract Administrator's Authority 16 IGC 3.02 Working Drawings 17 GC 3.03 Right of the Contract Administrator to Modify Methods and Equipment 18 IGC 3.04 Emergency Situations 18 GC 3.05 Layout Information 18 IGC 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 1 GC 3.10 Changes 20 I INovember 2019 Page 1 of 59 OPSS.MUNI 100 1 I GC 3.10.01 Changes in the Work 20 IGC 3.10.02 Extra Work 21 I GC 3.10.03 Additional Work 21 GC 3.11 Notices 21 IGC 3.12 Use and Occupancy of the Work Prior to Substantial Performance 22 GC 3.13 Claims, Negotiations, Mediation 22 IGC 3.13.01 Continuance of the Work 22 GC 3.13.02 Record Keeping 22 II GC 3.13.03 Claims Procedure 22 GC 3.13.04 Negotiations 23 IGC 3.13.05 Mediation 23 GC 3.13.06 Payment 23 IGC 3.13.07 Rights of Both Parties 24 GC 3.14 Arbitration 24 IGC 3.14.01 Conditions for Arbitration 24 IGC 3.14.02 Arbitration Procedure 24 GC 3.14.03 Appointment of Arbitrator 24 IGC 3.14.04 Costs 25 GC 3.14.05 The Decision 25 IGC 3.15 Archaeological Finds 25 ISECTION GC 4.0-OWNER'S RESPONSIBILITIES AND RIGHTS GC 4.01 Working Area 26 1 GC 4.02 Approvals and Permits 26 GC 4.03 Management and Disposition of Materials 26 IGC 4.04 Construction Affecting Railway Property 27 GC 4.05 Default by the Contractor 27 IGC 4.06 Contractor's Right to Correct a Default 27 GC 4.07 Owner's Right to Correct a Default 28 I INovember 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 IGC 4.12 Use of Performance Bond 29 GC 4.13 Payment Adjustment 29 I SECTION GC 5.0 -MATERIAL IGC 5.01 Supply of Material 30 GC 5.02 Quality of Material 30 IGC 5.03 Rejected Material 30 GC 5.04 Substitutions 31 IGC 5.05 Owner Supplied Material 31 GC 5.05.01 Ordering of Excess Material 31 I GC 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 I GC 6.03.01 General 34 I GC 6.03.02 Commercial General Liability Insurance 34 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 1 GC 6.03.05.03 Use and Occupancy of the Work Prior to Completion 36 GC 6.03.05.04 Payment for Loss or Damage 36 GC 6.03.06 Contractor's Equipment Insurance 36 I November 2019 Page 3 of 59 OPSS.MUNI 100 GCG.U3.07 Insurance Requirements and Duration 37 GC6.O4 Bonding 37 GCG.O5 Workplace Safety and Insurance Board 37 SECTION GC7.O'CONTRACTOR'S RESPONSIBILITIES AND CONTROL OF THE WORK ~- 8C7.01 General 38 8C7.U1.U1 Site Visit 38 GC7.O1.O2 Commencement ofWork 38 GC7.O1.O3 Control and Responsibility 38 GC7.01.U4 Compliance with the Occupational Health and safety Act 38 GC7.0105 Contractor's Representatives 39 GC 7.01 OG Assistance tnthe Contract Administrator 40 GC7O1.07 Schedule 40 QC7U1 08 Errors and Inconsistencies ao Relating to the Contract . 40 GC7O1.OQ Utilities 40 GC7.02 Monuments and Layout 41 GC 703 Working Area 42 GC7O4 Damage by Vehicles or Other Equipment 42 GC7.O5 Excess Loading nf Motor Vehicles 42 GC7.OG Maintaining Roadways and Detours 42 GC7O7 Access to Properties Adjoining the Work and Interruption of Utility Services 43 GC7.08 Approvals and Permits 44 GC7OS Suspension ofWork 44 GC 7.10 Contractor's Right to Stop the Work or Terminate the Contract 44 GC711 Notices by the Contractor 45 GC712 Environmental Incident Management . 45 GC 7.13 Obstructions 46 GC714 Limitations nfOperations 46 November2O19 Page 4nf59 OP3S.MUN| 1OO I I GC 7.15 Cleaning Up Before Acceptance 46 IGC 7.16 Warranty 46 I GC 7.17 Contractor's Workers 47 GC 7.18 Drainage 47 ' SECTION GC 8.0-MEASUREMENT AND PAYMENT GC 8.01 Measurement 48 I GC 8.01.01 Quantities 48 GC 8.01.02 Variations in Tender Quantities 48 GC 8.02 Payment 49 I GC 8.02.01 Non-Resident Contractor 49 IGC 8.02.02 Price for Work 49 GC 8.02.03 Advance Payments for Material 49 I GC 8.02.04 Certification and Payment 50 GC 8.02.04.01 Progress Payment 50 GC 8.02.04.02 Certification of Subcontract Completion 50 GC 8.02.04.03 Subcontract Statutory Holdback Release Certificate and Payment 51 I GC 8.02.04.04 Certification of Substantial Performance 51 GC 8.02.04.05 Substantial Performance Payment and Substantial Performance Statutory Holdback Release Payment Certificates 52 I GC 8.02.04.06 Certification of Completion 52 GC 8.02.04.07 Completion Payment and Completion Statutory Holdback Release Payment Certificates 52 GC 8.02.04.08 Interest 53 I GC 8.02.04.09 Interest for Late Payment 53 GC 8.02.04.10 Interest for Negotiations and Claims 53 GC 8.02.04.11 Owner's Set-Off 54 GC 8.02.04.12 Delay in Payment 54 I GC 8.02.05 Payment on a Time and Material Basis 54 GC 8.02.05.01 Definitions 54 I GC 8.02.05.02 Daily Work Records 55 GC 8.02.05.03 Payment for Work 55 GC 8.02.05.04 Payment for Labour 55 GC 8.02.05.05 Payment for Material 56 I GC 8.02.05.06 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 IGC 8.02.05.11 Payment Inclusions 58 GC 8.02.06 Final Acceptance Certificate 58 I INovember 2019 Page 5 of 59 OPSS.MUNI 100 I I GC 8.02.07 Records 58 IGC 8.02.08 Taxes 58 IGC 8.02.09 Liquidated Damages 59 I I I I I I I I I I I I I November 2019 Page 6 of 59 OPSS.MUNI 100 I I SECTION GC 1.0-INTERPRETATION I GC 1.01 Captions I .01 The captions appearing in these General Conditions have been inserted as a matter of convenience and for ease of reference only and in no way define, limit, or enlarge the scope or meaning of the General Conditions or any provision hereof. GC 1.02 Abbreviations .01 The abbreviations on the left below are commonly found in the Contract Documents and represent Ithe organizations and phrases listed on the right: "AASHTO" - American Association of State Highway Transportation Officials "ACI" - American Concrete Institute I "ANSI" American National Standards Institute "ASTM" - ASTM International "AWG" - American Wire Gauge I "AWWA" - American Water Works Association "CCIL" Canadian Council of Independent Laboratories "CGSB" - Canadian General Standards Board "CSA" - CSA Group-formerly Canadian Standards Association I "CWB""GC" - Canadian Welding Bureau - General Conditions "ISO" - International Organization for Standardization "MECP" - Ontario Ministry of the Environment, Conservation and Parks I "MTO" Ontario Ministry of Transportation "MUTCD" Manual of Uniform Traffic Control Devices, published by MTO "OHSA" - Ontario Occupational Health and Safety Act I "OLS""OPS" - Ontario Land Surveyor - 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" The Society for Protective Coatings "UL" Underwriters Laboratories "ULC" - Underwriters Laboratories Canada I "WHMIS" - Workplace Hazardous Materials Information System "WSIB" - Workplace Safety& Insurance Board GC 1.03 Gender and Singular References 1 .01 References to the masculine or singular throughout the Contract Documents shall be considered to include the feminine and the plural and vice versa, as the context requires. I I November 2019 Page 7 of 59 OPSS.MUNI 100 I GC 1.04 Definitions .01 For the purposes of the Contract Documents the following definitions shall apply: ' Abnormal Weather means an extreme climatic condition characterized by wind speed, air temperature, precipitation, or snow fall depth, that is less than or greater than 1-1/2 standard deviations from the mean determined from the weather records of the 25-year period immediately preceding the tender opening date. Actual Measurement means the field measurement of that quantity within the approved limits of the Work. ' Addenda means any additions or change in the Tender documents issued by the Owner prior to Tender closing. ' Additional Work means work not provided for in the Contract Documents and not considered by the Contract Administrator to be essential to the satisfactory completion of the Contract within its intended scope. ' Agreement means the agreement between the Owner and the Contractor for the performance of the Work that is included in the Contract Documents. Base means a layer of Material of specified type and thickness placed immediately below the pavement, ' driving surface, finished grade, curb and gutter, or sidewalk. Business Day means any Day except Saturdays, Sundays, and statutory holidays. ' Certificate of Subcontract Completion means the certificate issued by the Contract Administrator in accordance with clause GC 8.02.04.02, Certification of Subcontract Completion. ' Certificate of Substantial Performance means the certificate issued by the Contract Administrator at Substantial Performance. Change Directive means any written instruction signed by the Owner, or by the Contract Administrator where so authorized, directing that a Change in the Work or Extra Work be performed. Change in the Work means the deletion, extension, increase, decrease, or alteration of lines; grades; dimensions; quantities; methods; drawings; substantial changes in geotechnical, subsurface, surface, or other conditions; changes in the character of the Work to be done; or Materials of the Work or part thereof, within the intended scope of the Contract. Change Order means a written amendment to the Contract signed by the Contractor and the Owner, or the Contract Administrator where so authorized, covering contingencies, a Change in the Work, Extra Work, Additional Work; and establishing the basis for payment and the time allowed for the adjustment of the Contract Time. Completion means contract completion as set out in the Construction Act. Completion Certificate means the certificate issued by the Contract Administrator at Completion. Completion Payment means the payment described more particularly in clause GC 8.02.04.07. Construction Act means as set out in the Construction Act, R.S.O. 1990, c. C.30, as amended. November 2019 Page 8 of 59 OPSS.MUNI 100 Constructor means, for the purposes of, and within the meaning of the Occupational Health and Safety ' Act, R.S.O. 1990, c.O.1, as amended and amendments thereto, the Contractor who executes the Contract. Contract means the undertaking by the Owner and the Contractor to perform their respective duties, responsibilities, and obligations as prescribed in the Contract Documents. Contract Administrator means the person, partnership, or corporation designated by the Owner to be the Owner's representative for the purposes of the Contract. Contract Documents mean the executed Agreement between the Owner and the Contractor, Tender, General Conditions of Contract, Supplemental General Conditions of Contract, Standard Specifications, Special Provisions, Contract Drawings, Addenda incorporated in a Contract Document before the execution of the Agreement, such other documents as may be listed in the Agreement, and subsequent amendments to the Contract Documents made pursuant to the provisions of the Agreement. ' Contract Drawings or Contract Plans mean drawings or plans, any Geotechnical Report, any Subsurface Report, and any other reports and information provided by the Owner for the Work, and without limiting the generality thereof, may include soil profiles, foundation investigation reports, ' reinforcing steel schedules, aggregate sources list, Quantity Sheets, and cross-sections. Contract Time means the time stipulated in the Contract Documents for Substantial Performance or Completion of the Work, including any extension of time made pursuant to the Contract Documents. ' Contractor means the person, partnership, or corporation undertaking the Work as identified in the Agreement. Control Monument means any horizontal or vertical (benchmark) monument that is used to lay out the Work. ' Controlling Operation means any component of the Work that, if delayed, may delay the completion of the Work. Cut-Off Date means the date up to which payment shall be made for Work performed. Daily Work Records mean daily Records detailing the number and categories of workers and hours worked or on standby, types and quantities of Equipment and number of hours in use or on standby, and description and quantities of Material utilized. Day means a calendar day. Drawings or Plans mean any Contract Drawings or Contract Plans, or any Working Drawings or Working Plans, or any reproductions of drawings or plans pertaining to the Work. End Result Specification means specifications that require the Contractor to be responsible for ' supplying a product or part of the Work. The Owner accepts or rejects the final product or applies a price adjustment that is commensurate with the degree of compliance with the specification. ' Engineer means a professional engineer licenced by the Professional Engineers of Ontario to practice in the Province of Ontario. Equipment means all machinery and equipment used for preparing, fabricating, conveying or erecting the Work and normally referred to as construction machinery and equipment. Estimate means a calculation of the quantity or cost of the Work or part of it depending on the context. November 2019 Page 9 of 59 OPSS.MUNI 100 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 conditions in the area of any proposed Work. Grade means the required elevation of that part of the Work. Hand Tools means tools that are commonly called tools or implements of the trade and include small power tools. Highway means a common and public highway any part of which is intended for or used by the general ' public for the passage of vehicles and includes the area between the lateral property lines thereof. Inclement Weather means weather conditions or conditions resulting directly from weather conditions that prevent the Contractor from proceeding with a Controlling Operation. Lot means a specific quantity of Material or a specific amount of construction normally from a single 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 b) 5% of the total tender value calculated based on the total of all the estimated tender quantities 1 and the tender unit prices. Material means Material, machinery, equipment and fixtures forming part of the Work. Monument means either a Property Monument or a Control Monument. Owner means the party to the Contract for whom the Work is being performed, as identified in the ' Agreement, and includes, with the same meaning and import, "Authority." Pavement means a wearing course or courses placed on the Roadway and consisting of asphaltic concrete, hydraulic cement concrete, Portland cement concrete, or plant or road mixed mulch. November 2019 Page 10 of 59 OPSS.MUNI 100 1 Performance Bond means the type of security furnished to the Owner to guarantee completion of the ' Work in accordance with the Contract and to the extent provided in the bond. Plan Quantity means that quantity as computed from within the boundary lines of the Work as shown in ' the Contract Documents. Project means the construction of the Work as contemplated by this Contract. ' 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. 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. tQuarry 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. Standard Drawing or Standard Specification means a standard practice required and stipulated by the Owner for performance of the Work. Statutory Holdback means the holdbacks required under the Construction Act. Subbase means a layer of Material of specified type and thickness between the Subgrade and the Base. Subcontractor means a person, partnership or corporation undertaking the execution of a part of the Work by virtue of an agreement with the Contractor. ' Subgrade means the earth or rock surface, whether in cut or fill, as prepared to support the pavement structure, consisting of Base, Subbase, and Pavement. November 2019 Page 11 of 59 OPSS.MUNI 100 I 1 Substantial Performance has the meaning as set out in the Construction Act, R.S.O. 1990, c. C.30, as ' amended. Subsurface Report means a report or other information identifying the location of Utilities, concealed and adjacent structures, and physical obstructions that fall within the influence of the Work. Superintendent means the Contractor's authorized representative in charge of the Work and who shall be a "competent person" within the meaning of the definition contained in the Occupational Health and ' Safety Act, R.S.O. 1990, c. 0.1, as amended. Surety means the person, partnership or corporation, other than the Contractor, licensed in Ontario to transact business under the Insurance Act, R.S.O. 1990, c.l.8, as amended, executing a bond provided by the Contractor. Tender means an offer in writing from the Contractor, submitted in the format prescribed by the Owner, to complete the Work. Time and Material means costs calculated according to clause GC 8.02.05, Payment on a Time and Material Basis. Utility means an aboveground or underground facility maintained by a municipality, public utility authority or regulated authority and includes services such as sanitary sewer, storm sewer, water, electric, gas, oil, steam, data transmission, telephone, and cable television. Warranty Period means the applicable time period according to clause GC 7.16.02, Warranty. Work means the total construction and related services required by the Contract Documents. Working Area means all the lands and easements owned or acquired by the Owner for the construction of the Work. Working Day means any Day, 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 Drawings or Plans prepared by the Contractor for the execution of the Work and may, without limiting the generality thereof, include formwork, falsework, and shoring plans; Roadway protection plans; shop drawings; shop plans; or erection diagrams. November 2019 Page 12 of 59 OPSS.MUNI 100 1 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 I I I 1 U 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 .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: 1 a) interpretations of data or opinions expressed in any Subsurface Report available for the perusal of the Contractor, that are not included as part of the Contract Documents, and b) other information specifically excluded from this warranty. GC 2.02 Order of Precedence .01 In the event of any inconsistency or conflict in the contents of the following documents, such documents shall take precedence and govern in the following descending order: a) Agreement b) Addenda c) Special Provisions d) Contract Drawings e) Standard Specifications if) Standard Drawings I 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; c) Detailed Drawings shall govern over general Drawings; and I 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 OPSD5 (e.g., CSA, CGSB, ASTM, and ANSI). .04 The Contract Documents are complementary, and what is required by any one shall be as binding as if required by all. i 1 I 1 i 1 1 1 i 1 1 1 November 2019 Page 15 of 59 OPSS.MUNI 100 I I SECTION GC 3.0 -ADMINISTRATION OF THE CONTRACT GC 3.01 Contract Administrator's Authority i .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 . 1 .06 The Contract Administrator shall investigate all allegations of a Change in the Work made by the Contractor and issue appropriate instructions. .07 The Contract Administrator shall prepare Change Directives and Change Orders for the Owner's approval. .08 Upon written application by the Contractor, the Contract Administrator and the Contractor shall jointly 1 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 1 and the judge of the performance thereunder by both parties to the Contract. Interpretations and decisions of the Contract Administrator shall be consistent with the intent of the Contract Documents and, in making these decisions, the Contract Administrator shall not show partiality to either party. .10 The Contract Administrator shall have the authority to reject any part of the Work or Material that does not conform to the Contract Documents. .11 In the event that the Contract Administrator determines that any part of the Work performed by the Contractor is defective, whether the result of poor workmanship the use of defective Material or damage through carelessness or other act or omission of the Contractor and whether or not incorporated in the Work or otherwise fails to conform to the Contract Documents, then the Contractor shall if directed by the Contract Administrator promptly, as directed by the Contract Administrator, remove the Work and replace, make good, or re-execute the Work at no additional cost to the Owner. .12 Any part of the Work destroyed or damaged by such removals, replacements, or re-executions shall be made good, promptly, at no additional cost to the Owner. I November 2019 Page 16 of 59 OPSS.MUNI 100 1 I I .13 If, in the opinion of the Contract Administrator it is not expedient to correct defective Work or Work not performed in accordance with the Contract Documents, the Owner may deduct from monies otherwise due to the Contractor the difference in value between the Work as performed and that called for by the Contract Documents amount that will be determined in the first instance by the Contract Administrator. .14 Notwithstanding any inspections made by the Contract Administrator or the issuance of any certificates or the making of any payment by the Owner, the failure of the Contract Administrator to 1 reject any defective Work or Material shall not constitute acceptance of defective Work or Material. .15 The Contract Administrator shall have the authority to temporarily suspend the Work for such reasonable time as may be necessary: a) to facilitate the checking of any portion of the Contractor's construction layout; I 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. 1 .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. 1 .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 r .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 1 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 1 November 2019 Page 17 of 59 OPSS.MUNI 100 1 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 I 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 1 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, 1 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 1 .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 1 Contract Administrator. GC 3.06 Extension of Contract Time 1 .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. 1 1 November 2019 Page 18 of 59 OPSS.MUNI 100 I .02 Circumstances suitable for consideration of an extension of Contract Time include the following: 1 a) Delays, subsection GC 3.07. b) Changes in the Work, clause GC 3.10.01. c) Extra Work, clause GC 3.10.02. ' d) Additional Work, clause GC 3.10.03. .03 The Contract Administrator shall, in reviewing an application for an extension to the Contract Time, consider whether the delays, Changes in the Work, Extra Work, or Additional Work involve a Controlling Operation. .04 The Contract Time shall be extended for such additional time as may be recommended by the Contract Administrator and deemed fair and reasonable by the Owner. .05 The terms and conditions of the Contract shall continue for such extension of Contract Time. GC 3.07 Delays .01 If the Contractor is delayed in the performance of the Work by, Ia) war, blockades, and civil commotions; b) errors in the Contract Documents; ' 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; 1 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. 111 .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 1 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. November 2019 Page 19 of 59 OPSS.MUNI 100 r I 1 .04 The Contractor shall not be entitled to payment for the cost of delays incurred as a result of a dispute between the Contractor and Owner. The Contractor shall execute the Work and may pursue resolution of the dispute in accordance with subsection GC 3.13, Claims, Negotiations, Mediations. GC 3.08 Assignment of Contract .01 The Contractor shall not assign the Contract, either in whole or in part, without the prior written ' consent of the Owner. GC 3.09 Subcontracting by the Contractor .01 Subject to clause GC 3.09.03, Subcontracting by the Contractor, the Contractor may subcontract any part of the Work, in accordance with the Contract Documents and any limitations specified therein. ' .02 The Contractor shall notify the Contract Administrator in writing in 10 Days prior to the start of construction of the intention to subcontract. Such notification shall identify the part of the Work, and the Subcontractor with whom it is intended. .03 The Contract Administrator shall, within 5 Days of receipt of such notification, accept or reject the intended Subcontractor. The rejection shall be in writing and shall include the reasons for the rejection. .04 The Contractor shall not, without the written consent of the Owner, change a Subcontractor who has been engaged in accordance with this subsection. ' .05 The Contractor shall preserve and protect the rights of the Owner under the Contract Documents 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. 1 .06 The Owner's consent to subcontracting by the Contractor shall not be construed to relieve the Contractor from any obligation under the Contract and shall not impose any liability upon the Owner. Nothing contained in the Contract Documents shall create a contractual relationship between a Subcontractor and the Owner. GC 3.10 Changes GC 3.10.01 Changes in the Work .01 The Owner, or the Contract Administrator where so authorized, may, by order in writing, make a Change in the Work without invalidating the Contract. The Contractor shall not be required to proceed with a Change in the Work until in receipt of a Change Order or Change Directive. Upon the receipt of such Change Order or Change Directive the Contractor shall proceed with the Change in the Work. .02 The Contractor may apply for an extension of Contract Time according to the terms of clause GC 3.06, Extension of Contract Time. November 2019 Page 20 of 59 OPSS.MUNI 100 I 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 1 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 GC 8.02.05, Payment on a Time and Material Basis. GC 3.11 Notices ' .01 Any notice permitted or required to be given to the Contract Administrator or the Superintendent in respect of the Work shall be deemed to have been given to and received by the addressee on the date of delivery if delivered by hand, email, or by facsimile transmission and on the fifth Day after the date of mailing, if sent by mail. .02 The Contractor and the Owner shall provide each other with the mail and email addresses; cell phone, and telephone numbers for the Contract Administrator and the Superintendent at the 1 commencement of the Work, and update as necessary. .03 In the event of an emergency situation or other urgent matter the Contract Administrator or the ' Superintendent may give a verbal notice, provided that such notice is confirmed in writing within 2 Days. .04 Any notice permitted or required to be given to the Owner or the Contractor shall be given in accordance with the notice provision of the Contract. November 2019 Page 21 of 59 OPSS.MUNI 100 I 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 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 I .01 Unless the Contract has been terminated or completed, the Contractor shall in every case, after serving or receiving any notification of a claim or dispute, verbal or written, continue to proceed with the Work with due diligence and expedition. It is understood by the parties that such action shall not jeopardize any claim it may have. GC 3.13.02 Record Keeping ' .01 Immediately upon commencing Work that may result in a claim, the Contractor shall keep Daily Work Records during the course of the Work, sufficient to substantiate the Contractor's claim, and the Contract Administrator shall keep Daily Work Records to be used in assessing the Contractor's claim, all in accordance with clause GC 8.02.07, Records. ' .02 The Contractor and the Contract Administrator shall attempt to reconcile their respective Daily Work Records on a daily basis, to simplify review of the claim, when submitted. If the Contractor and the Contract Administrator fail to reconcile their respective Daily Work Records, then the Contractor shall ' submit its Daily Work Records as part of its claim, whereby the resolution of the dispute about the Daily Work Records shall not be resolved until there is a resolution of the claim. ' .03 The keeping of Daily Work Records by the Contract Administrator or the reconciling of such Daily Work Records with those of the Contractor shall not be construed to be acceptance of the claim. GC 3.13.03 Claims Procedure .01 The Contractor shall give verbal notice of any situation that may lead to a claim for additional payment immediately upon becoming aware of the situation. .02 The Contractor shall provide written notice within 7 Days of the commencement of any part of the Work that may be affected by the situation. .03 The Contractor shall submit detailed claims as soon as reasonably possible and in any event no later than 30 Days or such time as mutually agreed after completion of the Work affected by the situation. The detailed claim shall: a) identify the item or items in respect of which the claim arises; b) state the grounds, contractual or otherwise, upon which the claim is made; and 1 November 2019 Page 22 of 59 OPSS.MUNI 100 I I 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 IContractor, 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 I 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. I .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. I .02 The mediator shall be mutually agreed upon by the Owner and Contractor. I .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 IPayment. I 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 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 1 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), 1 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. 1 .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 1 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. r I I I 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 Working Area occurring naturally or as a result of vehicle emissions; ' b) the designated substance asbestos may be present in cement products, asphalt, and conduits for Utilities; ' c) the following hazardous materials are ordinarily present in construction activities: limestone, gypsum, marble, mica, and Portland cement; and d) exposure to these substances may occur as a result of activities by the Contractor such as ' sweeping, grinding, crushing, drilling, blasting, cutting, and abrasive blasting. .03 The Owner shall identify in the Contract Documents any designated substances or hazardous materials other than those identified above and their location in the Working Area. .04 If the Owner or Contractor discovers or is advised of the presence of designated substances or hazardous Materials that are in addition to those listed in clause GC 4.03.02, or not clearly identified ' in the Contract Documents according to clause GC 4.03.03, then verbal notice shall be provided to the other party immediately with written confirmation within 2 Days. The Contractor shall stop Work in the area immediately and shall determine the necessary steps required to complete the Work in accordance with applicable legislation and regulations. .05 The Owner shall be responsible for any reasonable additional costs of removing, managing and disposing of any Material not identified in the Contract Documents, or where conditions exist that could not have been reasonably foreseen at the time of tendering. All work under this paragraph shall be deemed to be Extra Work. r November 2019 Page 26 of 59 OPSS.MUNI 100 .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 I 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 1 b) provides the Owner with a schedule acceptable to the Owner for the progress of such correction; ' and c) completes the correction in accordance with such schedule. GC 4.07 Owner's Right to Correct Default .01 If the Contractor fails to correct the default within the time specified in subsection GC 4.06, ' Contractor's Right to Correct a Default, or subsequently agreed upon, the Owner, without prejudice to any other right or remedy the Owner may have, may correct such default and deduct the cost thereof, as certified by the Contract Administrator, from any payment then or thereafter due to the Contractor. ' GC 4.08 Termination of Contractor's Right to Continue the Work .01 Where the Contractor fails to correct a default within the time specified in subsection GC 4.06, Contractor's Right to Correct a Default, or subsequently agreed upon, the Owner, without prejudice to any other right or remedy the Owner may have, may terminate the Contractor's right to continue the Work in whole or in part by giving written notice to the Contractor. ' .02 If the Owner terminates the Contractor's right to continue with the Work in whole or in part, the Owner shall be entitled to, ' a) take possession of the Working Area or that portion of the Working Area devoted to that part of the Work terminated; ' b) utilize any Material within the Working Area; d) withhold further payments to the Contractor with respect to the Work or the portion of the Work withdrawn from the Contractor until the Work or portion thereof withdrawn is completed; d) charge the Contractor the additional cost over the Contract price of completing the Work or portion thereof withdrawn from the Contractor, as certified by the Contract Administrator and any additional compensation paid to the Contract Administrator for such additional service arising from the correction of the default; e) charge the Contractor a reasonable allowance, as determined by the Contract Administrator, to cover correction to the Work performed by the Contractor that may be required under subsection GC 7.16, Warranty; f) charge the Contractor for any damages the Owner sustained as a result of the default; and g) charge the Contractor the amount by which the cost of corrections to the Work under subsection GC 7.16, Warranty, exceeds the allowance provided for such corrections. ' GC 4.09 Final Payment to Contractor .01 If the Owner's cost to correct and complete the Work in whole or in part is less than the amount withheld from the Contractor under subsection GC 4.08, Termination of Contractor's Right to Continue the Work, the Owner shall pay the balance to the Contractor as soon as the final accounting for the Contract is complete. I November 2019 Page 28 of 59 OPSS.MUNI 100 1 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. I November 2019 Page 29 of 59 OPSS.MUNI 100 ' SECTION GC 5.0-MATERIAL GC 5.01 Supply of Material ' .01 All Material necessary for the proper completion of the Work, except that listed as being supplied by the Owner, shall be supplied by the Contractor. The Contract price for the appropriate tender items shall be deemed to include full compensation for the supply and delivery of such Material. GC 5.02 Quality of Material .01 All Material supplied by the Contractor shall be new, unless otherwise specified in the Contract ' Documents. .02 Material supplied by the Contractor shall conform to the requirements of the Contract. ' .03 As specified in the Contract Documents or as requested by the Contract Administrator, the Contractor shall make available, for inspection or testing, a sample of any Material to be supplied by the Contractor. ' .04 The Contractor shall obtain for the Contract Administrator the right to enter onto the premises of the Material manufacturer or supplier to carry out such inspection, sampling, and testing as specified in the Contract Documents or as requested by the Contract Administrator. ' .05 The Contractor shall notify the Contract Administrator of the sources of supply sufficiently in advance of the Material shipping dates to enable the Contract Administrator to perform the required inspection, sampling, and testing. .06 The Owner shall not be responsible for any delays to the Contractor's operations where the Contractor fails to give sufficient advance notice to the Contract Administrator to enable the Contract Administrator to carry out the required inspection, sampling, and testing before the scheduled ' shipping date. .07 The Contractor shall not change the source of supply of any Material without the written authorization of the Contract Administrator. ' .08 Material that is not specified shall be of a quality best suited to the purpose required, and the use of such Material shall be subject to the approval of the Contract Administrator. .09 All Material inspection, sampling, and testing shall be carried out on random basis in accordance with the standard inspection or testing methods required for the Material. Any approval given by the Contract Administrator for the Materials to be used in the Work based upon the random method shall ' not relieve the Contractor from the responsibility of incorporating Material that conforms to the Contract Documents into the Work or properly performing the Contract and of any liability arising from the failure to properly perform as specified in the Contract Documents. GC 5.03 Rejected Material .01 Rejected Material shall be removed from the Working Area expeditiously after the notification to that ' effect from the Contract Administrator. Where the Contractor fails to comply with such notice, the Contract Administrator may cause the rejected Material to be removed from the Working Area 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. November 2019 Page 30 of 59 OPSS.MUNI 100 ' 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. 1 November 2019 Page 31 of 59 OPSS.MUNI 100 I 1 .04 The full amount of Material supplied by the Owner in each shipment shall be accounted for by the 1 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. 1 .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 1 specified in the Contract Documents. .06 Immediately upon receipt of each shipment, the Contractor shall provide the Contract Administrator copies of bills of lading, or such other documentation the Contract Administrator may require to 1 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, 1 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 1 Contractor took charge of it, and any damage or deficiencies reported thereafter shall be made good by the Contractor at no extra cost to the Owner. 1 1 i 1 1 1 1 1 1 1 November 2019 Page 32 of 59 OPSS.MUNI 100 I I SECTION GC 6.0 -INSURANCE, PROTECTION AND DAMAGE GC 6.01 Protection of Work, Persons and Property ' .01 The Contractor, the Contractor's agents, and all workers employed by or under the control of the Contractor, including Subcontractors, shall protect the Work, persons, and property from damage or injury. The Contractor shall be responsible for all losses and damage that may arise as the result of the Contractor's operations under the Contract, unless indicated to the contrary below. ' .02 The Contractor is responsible for the full cost of any necessary temporary protective Work and the restoration of all damage where the Contractor damages the Work or property in the performance of the Contract. If the Contractor is not responsible for the damage that occurs to the Work or property, ' the Contractor shall restore such damage, and such Work and payment shall be administered according to these General Conditions. ' .03 The Contractor shall immediately inform the Contract Administrator of all damage and injuries that occur during the term of the Contract. The Contractor shall then investigate and report back to the Contract Administrator within 15 Days of occurrence of incident, or as soon as possible. The Contract Administrator may conduct its own investigation and the Contractor shall provide all assistance to the Contract Administrator as may be necessary for that purpose. .04 The Contractor shall not be responsible for loss and damage that occurs as a result of, a) war; b) blockades and civil commotions; c) errors in the Contract Documents; or d) acts or omissions of the Owner, the Contract Administrator, their agents and employees, or others not under the control of the Contractor, but within the Working Area with the Owner's permission. .05 The Contractor and the Contractor's Surety shall not be released from any term or provision of any responsibility, obligation, or liability under the Contract or waive or impair any of the rights of the Owner, except by a release duly executed by the Owner. GC 6.02 Indemnification .01 The Contractor shall indemnify and hold harmless the Owner and the Contract Administrator, their elected officials, agents, officers, and employees from and against all claims, demands, losses, ' expenses, costs, damages, actions, suits, or proceedings by third parties, hereinafter called "claims", directly or indirectly arising or alleged to arise out of the performance of or the failure to perform the Work, provided such claims are, ' a) attributable to bodily injury, sickness, disease, or death or to damage to or destruction of tangible property; ' b) caused by negligent acts or omissions of the Contractor or anyone for whose acts the Contractor may be liable; and c) made in writing within a period of 6 years from the date of Substantial Performance of the Work as set out in the Certificate of Substantial Performance of the Work or, where so specified in the Contract Documents, from the date of certification of Final Acceptance. I November 2019 Page 33 of 59 OPSS.MUNI 100 I 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 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 1 I .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 1 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 to the Contractor of the intended purpose and extent of such use or occupancy. Prior to such use or occupancy, the Contractor shall notify the Owner in writing of 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 I 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. 1 .02 The Contractor shall be responsible for deductible amounts under the policies, except where such amounts may be excluded from the Contractor's responsibility by the terms of this Contract. .03 In the event of a loss or damage to the Work arising from the action or omission of the Owner or others, the Owner shall pay the Contractor the cost of restoring the Work as the restoration of the Work proceeds and in accordance with the requirements of section GC 8.0, Measurement and Payment. GC 6.03.06 Contractor's Equipment Insurance .01 All risks 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. 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 I 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. .04 Where a policy is renewed, the Contractor shall provide the Owner, on a form acceptable to the Owner, renewed proof of insurance immediately following completion of renewal. 1 .05 Unless specified otherwise, the Contractor shall be responsible for the payment of deductible amounts under the policies. 1 .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 1 suretyship in the Province of Ontario and shall be to the satisfaction of the Owner. The bonds shall be maintained in good standing until the Final Acceptance. GC 6.05 Workplace Safety and Insurance Board .01 The Contractor shall provide the Contract Administrator with a copy of a Certificate of Clearance indicating the Contractor's good standing with the Workplace Safety and Insurance Board, as follows: a) Immediately prior to the Contract Administrator authorizing the Contractor to commence Work. b) Prior to issue of the Certificate of Substantial Performance. c) Prior to expiration of the Warranty Period. d) At any other time when requested by the Contract Administrator. I I 1 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 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 r .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 "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 1 1 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; I 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; 1 e) its supervisory employees are"Competent Persons" as defined in the OHSA, and carry out their duties in a diligent and responsible manner with due consideration for the health and safety of the workers; ' f) all Subcontractors and their workers are properly protected from injury while they are at the Working Area; and g) following execution of the Contract and prior to the issuance of the order to commence by the Owner, upon request the Contractor submits to the Contract Administrator a copy of the Notice of Project issued to the Ministry of Labour. .02 The Contractor, when requested, shall provide the Owner with a copy of its health and safety policy and program at the pre-start meeting and shall respond promptly to requests from the Owner for confirmation that its methods and procedures for carrying out the Work comply with the Act and Regulations. The Contractor shall cooperate with representatives of the Owner and the inspectors appointed to enforce the Act and the Regulations in any investigations of worker health and safety in the performance of the Work. The Contractor shall indemnify and save the Owner harmless from any additional expense that the Owner may incur to have the Work performed as a result of the Contractor's failure to comply with the requirements of the Act and the Regulations. .03 Prior to commencement of the Work, the Contractor shall provide to the Contract Administrator a list of those products controlled under the Workplace Hazardous Materials Information System er 1 "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 I 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 1 1 1 .02 The Contractor shall designate a person to be responsible for traffic control and work zone safety. The designated person shall be a competent worker who is qualified because of knowledge, training, and experience to perform the duties; is familiar with Book 7 of the Ontario Traffic Manual; and has 1 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. 111 GC 7.01.07 Schedule .01 The Contractor shall prepare and update, as required, a construction schedule of operations, I 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 Contractor shall promptly report it to the Contract Administrator and shall not proceed with the 1 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 1 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 1 in clause GC 2.01.01 a). .02 In the case of damage to or interference with any Utilities, pole lines, pipe lines, conduits, farm tiles, ' or other public or privately-owned works or property, the Contractor shall immediately notify the Owner, Contract Administrator, and the owner of the works of the location and details of such damage or interference. GC 7.02 Monuments and Layout .01 Prior to commencement of construction, the Contract Administrator and the Contractor shall locate on site those Monuments that delineate the Working Area and may be used to lay out the Work, all as shown on the Contract Drawings. Property Monuments shall be inventoried in the report format required by the Owner. ' .02 These Monuments shall be protected by highly visible T-bars or 1.0 metre tall stakes with survey ribbon set within 0.3 metres of the Monument. .03 The Contractor shall be responsible for the preservation of all Property Monuments while the Work is I in progress, except those Property Monuments that must be removed to facilitate the Work as identified and agreed by the Contractor and Contract Administrator. Monuments removed to facilitate the Work shall be replaced at the Owner's expense, and all others shall be replaced at the Contractor's expense. .04 All Monuments disturbed, damaged, or removed by the Contractor's operations shall be documented in the inventory report and replaced under the supervision of an Ontario Land Surveyor. .05 The Monument inventory report referred to in clauses GC 7.02.01 and GC 7.02.04 shall include as a minimum: a) Contract number, Contract name, Contract Administrator's name; b) Project/site construction limits; c) Rough location, type, identification number, and condition of each Monument before and after construction; d) The solutions for protection of the Monuments that may be impacted by construction; e) Reference ties; f) A summary of those Monuments affected by the Work and how they were reset or replaced, and by what type of Monument. .06 At no extra cost to the Owner, the Contractor shall provide the Contract Administrator with such materials and devices as may be necessary to lay out the baseline and benchmarks, and as may be 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 Icarried 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 November 2019 Page 41 of 59 OPSS.MUNI 100 I 1 .10 All stakes, marks, and reference points shall be carefully preserved by the Contractor. In the case of their destruction or removal, for any reason, before the end of the Contract Time such stakes, marks, and reference points shall be replaced, unless otherwise mutually agreed between the Contractor and the Contract Administrator, at the Contractor's expense. .11 Benchmarks and survey monuments identified in the Contract Documents shall be protected by the Contractor. In the case of their destruction or removal, such benchmarks and survey monuments shall be replaced by the Owner at the Contractor's expense. GC 7.03 Working Area .01 The Contractor shall maintain the Working Area in a tidy condition and free from the accumulation of debris and prevent dust nuisance, mud, and ponding water, other than that caused by the Owner or others. ' .02 The Contractor's sheds, site offices, toilets, other temporary structures, and storage areas for Material and Equipment shall be grouped in a compact manner, maintained in a neat and orderly condition at all times and removed upon completion of the Work. ' .03 The Contractor shall confine the construction operations to the Working Area. Should the Contractor require additional space,the Contractor shall obtain such space at no additional cost to the Owner. .04 The Contractor shall not enter upon or occupy any private property for any purpose, unless the Contractor has received prior written permission from the property owner. .05 Upon completion of the Contract, the Working Area used by the Contractor shall be restored to its original condition or better unless otherwise specified in the Contract Documents including the removal of all excavated and stockpiled materials at the Contractor's expense. GC 7.04 Damage by Vehicles or Other Equipment .01 If at any time, in the opinion of the Contract Administrator, damage is being done or is likely to be done to any Roadway or any improvement thereon, outside the Working Area, by the Contractor's vehicles or other Equipment, whether licensed or unlicensed Equipment, the Contractor shall, on the direction of the Contract Administrator, and at no extra cost to the Owner, make changes or substitutions for such vehicles or Equipment, and shall alter loadings, or in some other manner, remove the cause of such damage to the satisfaction of the Contract Administrator. GC 7.05 Excess Loading of Motor Vehicles .01 Where a vehicle is hauling Material for use on the Work, in whole or in part; upon a Highway; and I 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. 1 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 1 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 1 Highway under construction. .03 Subject to the approval of the Contract Administrator, the Contractor may block traffic for short periods of time to facilitate construction of the Work in accordance with the OTM. Any temporary lane closures shall be kept to a minimum. .04 The Contractor shall not be required to maintain a road through the Working Area until such time as ' the Contractor has commenced operations or during seasonal shut down or on any part of the Contract that has been accepted in accordance with these General Conditions. The Contractor shall not be required to apply de-icing chemicals or abrasives or carry out snowplowing. ' .05 Where only localized and separated sections of the Highway are affected by the Contractor's operations, the Contractor shall not be required to maintain intervening sections of the Highway until such times as these sections are located within the limits of the Highway affected by the Contractor's general operations under the Contract. .06 Where the Contract Documents provide for or the Contract Administrator requires detours at specific locations, payment for the construction of the detours and, if required, for the subsequent removal of the detours, shall be made at the Contract prices appropriate to such Work. .07 Compensation for all labour, Equipment, and Materials to do this Work shall be at the Contract prices appropriate to the Work and, where there are no such prices, at negotiated prices. Notwithstanding the foregoing, the cost of blading required to maintain the surface of such roads and detours shall be deemed to be included in the prices bid for the various tender items and no additional payment shall be made. 1 .08 Where Work under the Contract is discontinued for any extended period, including seasonal shutdown, the Contractor shall, when directed by the Contract Administrator, open and place the Roadway and detours in a passable, safe, and satisfactory condition for public travel. .09 Where the Contractor constructs a detour that is not specifically provided for in the Contract Documents or required by the Contract Administrator, the construction of the detour and, if required, the subsequent removal shall be performed at the Contractor's expense. The detour shall be constructed and maintained to structural and geometric standards approved by the Contract Administrator. Removal and site restoration shall be performed as directed by the Contract Administrator. 1 .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 Area that are being maintained by others. GC 7.07 Access to Properties Adjoining the Work and Interruption of Utility I 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 I 1 c) access for emergency response services; to properties adjoining the Working Area. ' .02 The Contractor shall provide at all times and at no extra cost to the Owner access to fire hydrants, water and gas valves, and all other Utilities located in the Working Area. .03 Where any interruptions in the supply of Utility services are required and are authorized by the Contract Administrator, the Contractor shall give the affected property owners notice in accordance with subsection GC 7.11, Notices by the Contractor, and shall arrange such interruptions so as to create a minimum of interference to those affected. GC 7.08 Approvals and Permits .01 Except as specified in subsection GC 4.02, Approval and Permits, the Contractor shall obtain and pay for any permits, licences, and certificates, which at the date of tender closing, are required for Ithe 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 1 .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 1 .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. I .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 1 within 28 Days of an award by an arbitrator or court; or c) the Owner fails to comply with the requirements of the Contract. .04 The Contractor's written notice to the Owner shall advise that if the default is not corrected in the 7 Days immediately following receipt of the written notice, the Contractor may, without prejudice to any other right or remedy the Contractor may have, stop the Work or terminate the Contract. November 2019 Page 44 of 59 OPSS.MUNI 100 1 .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. I 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 I 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: a) An environmental incident when it occurs; and b) Any actions taken or intended to be taken by the Contractor regarding the environmental incident. November 2019 Page 45 of 59 OPSS.MUNI 100 1 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. GC 7.14 Limitations of Operations 1 .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 I 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 1 .01 Unless otherwise specified in the Contract Documents for certain Materials or components of the Work, the Contractor shall be responsible for the proper performance of the Work only to the extent that the design and standards permit such performance. .02 Subject to the previous paragraph the Contractor shall correct promptly, at no additional cost to the Owner, defects or deficiencies in the Work that appear, 1 November 2019 Page 46 of 59 OPSS.MUNI 100 1 a) prior to and during the period of 12 months from the date of Substantial Performance of the ' Work, as set out in the Certificate of Substantial Performance of the Work, b) where there is no Certificate of Substantial Performance, 12 months from the date of Completion of the Work as set out in the Completion Certificate, or c) such longer periods as may be specified in the Contract Documents for certain Materials or some of the Work. ' The Contract Administrator shall promptly give the Contractor written notice of observed defects or deficiencies. ' .03 The Contractor shall correct or pay for damage resulting from corrections made under the requirements of clause GC 7.16.02. GC 7.17 Contractor's Workers .01 The Contractor shall only employ orderly, competent, and skillful workers to do the Work and whenever the Contract Administrator shall inform the Contractor in writing that any worker or workers ' involved in the Work are, in the opinion of the Contract Administrator, incompetent, or disorderly such worker or workers shall be removed from the Work and shall not be employed on the Work again without the consent in writing of the Contract Administrator. ' GC 7.18 Drainage .01 During construction and until the Work is completed, the Contractor shall make all reasonable efforts to keep all portions of the Work properly and efficiently drained, to at least the same degree as that of the existing drainage conditions. 1 I I r I November 2019 Page 47 of 59 OPSS.MUNI 100 I SECTION GC 8.0-MEASUREMENT AND PAYMENT GC 8.01 Measurement ' GC 8.01.01 Quantities .01 The Contract Administrator shall make an Estimate 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 I amount of the underrun in excess of 15% of the tender quantity. For purposes of the negotiation, the overheads and fixed costs applicable to the item are deemed to have been prorated uniformly over 100% of the tender quantity for the item. Overhead costs shall be confirmed by a statement certified by the Contractor's senior financial officer or auditor and may ' be audited by the Owner. Alternatively, where both parties agree, an allowance equal to 10% of the unit price on the amount of the underrun in excess of 15% of the tender quantity shall be paid. 1 Written requests for compensation must be received no later than 60 Days after the issuance of the Completion Payment. 1 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 1 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. 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. t .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. November 2019 Page 50 of 59 OPSS.MUNI 100 .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. ' GC 8.02.04.04 Substantial Performance of Work .01 The Contractor, as part of the application for Substantial Performance, shall submit an itemized list of the outstanding work. .02 Upon application by the Contractor and when the Contract Administrator has verified that the ' Contract has been substantially performed, the Contract Administrator shall issue a Certificate of Substantial Performance. .03 The Contract Administrator shall set out in the Certificate of Substantial Performance the date on which the Contract was substantially performed and, within 7 Days after signing the said certificate, and shall provide a copy to the Contractor. .04 Upon receipt of a copy of the Certificate of Substantial Performance, the Contractor shall forthwith, ' as required by Section 32(1) Paragraph 5 of the Construction Act, as amended, publish a copy of the certificate in the manner set out in the regulations. 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 the provisions of the Construction Act and the submission by the Contractor of the following documents: a) a satisfactory Certificate of Clearance from the Workplace Safety and Insurance Board; and b) proof of publication of the Certificate of Substantial Performance. ' .04 Any amount of security retained shall be identified on the Substantial Performance Payment Certificate. GC 8.02.04.06 Certification of Completion .01 Upon application by the Contractor and when the Contract Administrator has verified that the Contract has reached Completion, the Contract Administrator shall issue a Completion Certificate. ' .02 The Contract Administrator shall set out in the Completion Certificate the date on which the Work was completed and, within 7 Days of signing the said certificate, the Contract Administrator shall provide a copy to the Contractor. 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 ' 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 .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 I 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 1 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. November 2019 Page 55 of 59 OPSS.MUNI 100 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 ' .01 The Owner shall pay the Contractor for Standby Time of Equipment at 35% of The 127 Rate or 35% of the invoice price whichever is appropriate. The Owner shall pay reasonable costs for Rented Equipment where this is necessarily retained in the Working Area for extended periods agreed to by November 2019 Page 56 of 59 OPSS.MUNI 100 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 1 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 a .01 Where the Contractor arranges for Work on a Time and Material Basis, or a part of it, to be performed by Subcontractors on a Time and Material basis and has received approval prior to the ' commencement of such Work, in accordance with the requirements of subsection GC 3.09, Subcontracting by the Contractor, the Owner shall pay the cost of Work on a Time and Material Basis by the Subcontractor calculated as if the Contractor had done the Work on a Time and Material Basis, plus a markup calculated on the following basis: a) 20% of the first$3,500; plus b) 15% of the amount from $3,500 to$12,000; plus ' c) 5%of the amount in excess of$12,000. 1 .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 ' .03 Each month the Contract Administrator shall include with the monthly progress payment, the costs of the Work on a Time and Material Basis incurred during the preceding month all in accordance with the contract administrative procedures and the Contractor's invoice of the Work on a Time and Material Basis. ' .04 The final summary as per clause 8.02.05.09.02 shall be submitted by the Contractor within 60 Days after the completion of the Work on a Time and Material Basis. GC 8.02.05.10 Payment Other Than on a Time and Material Basis .01 Clause GC 8.02.05 does not preclude the option of the Contract Administrator and the Contractor negotiating a Lump Sum Item or unit price payment for Change in the Work, Extra Work, and Additional Work. GC 8.02.05.11 Payment Inclusions ' .01 Except where there is agreement in writing to the contrary, the compensation, as herein provided, 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 .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. 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. November 2019 Page 58 of 59 OPSS.MUNI 100 .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 November 2019 Page 59 of 59 OPSS.MUNI 100 A-1 AGREEMENT CONTRACT NO. 18031 THIS AGREEMENT MADE IN TRIPLICATE THIS 11t 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 1 K2 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, Column Repairs at the Kincardine Water Treatment Plant, Contract No. 18031. ' 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 Four Hundred Seven Nine Thousand, Eight Hundred Eight Dollars and Fifty One Cents ( $479,808.51 ) subject to such additions and deductions as may properly be made under the terms hereof, subject to the provision that the Owner may make payments on account monthly or otherwise as may be provided in the attached hereto. ARTICLE 5 Where any notice, direction or other communication is required to be or may be given or made by one of the parties hereto to the other or to the 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 ' Time shall be deemed the essence of this Contract. ARTICLE 9 ' The Contractor declares that in tendering for the works and in entering into this Contract, they have either investigated the character of the work and all local conditions that might affect the tender or the acceptance of the work, or that not having so investigated, is willing to assume and ' does hereby assume all risk of conditions arising or developing in the course of the work which might or could make the work or any items thereof, more expensive in character, or more onerous to fulfill than was contemplated or known when the tender was made or the Contract ' signed. The Contractor also declares that they did not and do not rely upon information furnished by any methods whatsoever by the Owner or its officers or employees, being aware that any information from such sources was and is approximate and speculative only, and was not in any manner warranted or guaranteed by the Owner. ARTICLE 10 The Contractor declares that in entering into this Contract the obligations shall be upheld of the Ontario Human Rights Code, the Occupational Health and Safety Act, the Employment Standards Act, the Accessibility for Ontarians with Disabilities Act, the Criminal Code of Canada and the Charter of Rights and Freedoms. In addition, any obligations established by the Owner's policies which prohibit harassment/discrimination on a number of grounds including political affiliation and the level of literacy shall be upheld by the Contractor. WHERE LEGALLY MANDATED, the Contractor shall have in place the necessary policies, programs, information, instruction, plans and/or other supports that are consistent with their obligations and shall have an internal process available for employees and service recipients to prevent, address and remedy discrimination, racism, harassment, hate and inaccessibility complaints. The Contractor agrees that they shall, upon request by the Owner, provide evidence of the policies, programs, information, instruction, plans and other supports and an appropriate internal complaint resolution process required under this Declaration which is sufficient to allow the Owner to determine compliance. The Contractor acknowledges that failure to demonstrate compliance with this declaration, to the satisfaction of the Owner, may result in the termination of the contract. 1 ' 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: ciext (o mm Of {vvi fi(z ature Name Title Date ' I/We have the authority to bind the corporation. 1 — P xCna bavr nonn ACA1 n April 21 l2 22 Signature Name Title Date I/We have the authority to bind the corporation. FOR THE CONTRACTOR: © y VA.1. 6 v AN/ iieS/0iY/ #,*i /7/�iri Signature Name Title 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\A1-4-2021-01-01-fixed.docx Page 1 ' MUNICIPALITY OF KINCARDINE NOTICE TO ALL CONTRACTORS CORPORATE STATEMENT OCCUPATIONAL HEALTH AND SAFETY The Corporation of the Municipality of Kincardine is committed to ensuring that a high standard of health and safety is provided and maintained for all employees' visitors, guests, contractors, agents and others on our premises. Accordingly, a corporate health and safe policyandprocedure manual has been adopted and � safety P 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. 1 5. Upon request at any time from award to completion of contract, submit proof of fulfilment of above responsibilities. 6. Must comply with Workplace Safety Insurance Board(WSIB)premiums. 7. The Contractor shall sign-off on the corporate occupational health& safety form stating his agreement to comply. Your co-operation and assistance in this matter is appreciated and vital to the Health and Safety of all. Z:\18031-Kincardine-WTP_UV_Upgrade\WP\Contract 2022\KINCARDINE Health and Safety I Page 2 IMUNICIPALITY OF KINCARDINE 111 OCCUPATIONAL HEALTH AND SAFETY COMPLIANCE FORM I I have read the "Municipality of Kincardine, Notice to All Contractors, Corporate Statement of Occupational Health and Safety" and agree to comply with it. I I , .0•47;' . re- Contractor's Name Date I I I I I I I I I I 1 Z:\18031-Kincardine-WTP_UV_Upgrade\WP\Contract 2022\KINCARDINE Health and Safety 1 ' 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) 1 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 Date Z:\18031-Kincardine-WTP_UV_Upgrade\WP\Contract 2022\Contract Release 18Aug9.docx I r ' 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(dated( the Contractor , 20 for the construction of( ' 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($) (If there are no accounts, enter "NONE" above) ' 5. That all persons who have placed or furnished any material or things to be used in connection with the above Contract have been fully paid or their claims have been settled in respect of such work, service, materials or things and there are no liens, garnishees, attachments or claims relating ' thereto. 6. That all subcontractors who were engaged in or in any manner associated with the performance of any part of the above contract have discharged all liabilities which they incurred in respect thereof. ' 7. That all claims for damage to property or injury to persons of which the above-named Contractor has received notice have been fully paid or settled, except for the following: Claimant Description of Amount of Amount Paid($) Claim Claim($) ' (If there are no accounts, enter "NONE" above) ' Z:\18031-Kincardine-WTP_UV_Upgrade\WP\Contract 2022\Statutory Declaration 18Aug9.docx Page 1 of 2 r 8. That the above-named Contractor has not had anynotice of anygrounds 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 Z:\18031-Kincardine-WTP_UV_Upgrade\WP\Contract 2022\Statutory Declaration 18Aug9.docx Page 2 of 2