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Home My WebLink About05 125 TD Streetscape project e e e e THE CORPORATION OF THE MUNICIPALITY OF KINCA INE BY-LAW NO. 2005 . 125 BEING A BY·LAW TO ACCEPT A TENDERFO STREETSCAPE PROJECTS IN THE MUNICIPALITY OF KI CARDINE (Contract 02228 - Lavis Contracting) WHEREAS with the passage of By-law No. 2002-129, the ouncil for The Corporation of the Municipality of Kincardine approved the cone ptual design of downtown landscape ·revitalization projects for both the former Vi lage of Tiverton and the former Town of Kincardine; AND WHEREAS the Municipal Act. S.O. 2001, c. 25 Sections 8 a d 9 (1) provide municipalities with the powers of a natural person to enable them 0 govern their affairs as they consider appropriate under this or any other Act an to enhance their ability to respond to municipal issues; AND WHEREAS the Municipality of Kincardine has determined' is necessary to let a tender for work that includ.es 47000 square metres of unit pa ers, installation of 97 street lights, traffic signals, pedestrian crosswalk, tree an shrub planting, 1040 square meters of concrete sidewalks as well as other work i cidental thereto to complete the streetscapes project in the former Town of Kinca ine and former Village of Tiverton; AND WHEREAS the Council for The Corporation of the Municipality of Kincardine deems it expedient to accept the tender of Lavis Co tracting for the Streetscape Projects; AND WHEREAS this contract includes a Bonus Clause and a Pe alty Clause; NOW THEREFORE the Council for· The Corporation of the Municipality of Kincardine ENACTS as follows: 1. That the tender of Lavis Contracting, in the amount 0 $1,533,343,85 excluding taxes, for the work that includes 47000 squa~ metres of unit pavers, installation of 97 street lights, traffic signals, pede trian crosswalk, tree and shrub planting, 1040 square meters of concrete idewalk as well as other work incidental thereto to complete the streetscap s project in the former Town of Kincardine and former Village of Tiverton; 2. That the Mayor and CAO be hereby authorized to sign, n behalf of the Council for the Municipality of Kincardine, any contr cts and other documents required to authorize such work to commence. 3. That the contract include a $21,000 bonus to Lavis C ntracting if the project is completed fourteen days before the scheduled mpletion date (completion date specified as June 24, 2006); .../2 e e e e Page 2 Streetscape Projects Tender Acceptance (Lavis Cont cting) By-law No. 2005 - 4. That the contract include a Penalty Clause for work not mpleted by the specified completion date June 24, 2006, of $2,500 00 per day for uncompleted work in the former Town of Kincardine and $500.00 per day for uncompleted work in the former Village of Tiverton. 5. That the St~cape Projects Tender be awarded to La s Contracting for their tendered price of $1,554,343.83 including the $21, 00 bonus clause but excluding GST. 6. This by-law shall come into full force and effect upon its fi al passage. 7. This by-law may be cited as the ·Streetscape Projects T nder Acceptance (Lavis Contract) By-law". READ a FIRST, SECOND and THIRD TIME and FINALLY P of August, 2005. ~~ Mayór Streetscape Projects Tender Acceptance (Lavis Contracting) By -law By -Law No. 2005 - 125 CONTRACT DOCUMENT: LAVIS CONTRACTING Project: Municipality of Kincardine Tiverton and Kincardine Streetscape Projects Contract No. 02228 Refer to Article A -1 for signed contract (A -4) Page 142 in Laserfiche Between Municipality of Kincardine and LAVIS CONTRACTING CO. LIMITED R.R. 2 Clinton, ON NOM 1L0 Filed under separate cover in Administration File — C01 in Central Records: Titled: Municipality of Kincardine By -Law No. 2005 — 125 BEING A BY -LAW TO ACCEPT A TENDER FOR STREETSCAPE PROJECTS IN THE MUNICIPALITY OF KINCARDINE (Contract 02228 — Lavis Contracting) Cited as: Streetscape Projects Tender Acceptance (Lavis Contract) By -law Dated: 3rd day of August, 2005 1 Municipality of Kincardine P tY Tiverton and Kincardine Streetscape Projects ' Contract No. 02228 ' ADDENDUM NO.3 Plan takers shall note the following: ' (1) Pages T -7, T -8 and T -9 shall be replaced with the attached pages T -7 (Revised), T -8 (Revised) and T -9 (Revised). (2) Item No. 20, Pg. SP -17, install street lighting luminaires and poles. Type "E" Luminaires, supplied by the Municipality, to be 175 W, PSMH Helio type, Black, with 2' nominal arms. Type "F" Luminaires, supplied by the Municipality, to be the Lumec - Ancestra Series - Model AT -40 - CPT c/w CRC style arm. The pedestrian crosswalk poles shall have two brackets and two luminaires on each pole. Mounting height to be 3.35 m (11'). (3) Upon the award of the contract, a revised set of drawings will be issued for construction. B. M. ROSS AND ASSOCIATES LIMITED Consulting Engineers 62 North Street Goderich, Ontario. N7A 2T4 www.bmross.net Phone: (519) 524 -2641 Fax: (519) 524 -4403 July 22, 2005 1 Faxed to all plan takers -- 4 pages 1 T -7 (Revised) 1 Item Spec. # Description Qty./Unit Price Amount I c) 32 mm dia. PE service tubing 735 m $ $ installed by trenching 1 Sub -Total Watermains -- $ 1 ELECTRICAL ITEMS I 16 106, 603, a) Supply and install direct buried 507,SP 50mm Type 2 PVC conduit for I wiring to street lighting including restoration a) Under proposed unit pavers 2500 m $ $ 1 b) To include restoration 800 m $ $ I 17 604, SP Supply and install power and ground conductors in PVC conduit for street lighting I a) From Load Centre 1 1 L.S. $ b) From Load Centre 2 1 L.S. $ I 18 609, SP Ground rods for Load Centre 2 Ea. 19 SP Precast concrete in ground junction 11 Ea. $ $ box I 20 SP Install street lighting luminaires g g and poles I a) Type A (luminaires & Poles) 37 Ea. $ $ b) Type B (Pendent Style luminaire) 10 Ea. $ $ I c) Type E (Luminaires only) 16 Ea. $ $ d) Type F (Luminaires only) 4 Ea. $ $ e) Install lighting bollards 4 Ea. $ $ 21 616, SP Supply and install power street light 1 load centre control for street lights a) Load Centre 1, incl. concrete bollards 1 L.S. $ 1 b) Load Centre 2 1 L.S. $ T -8 Revised I Item Spec. # Description Qty./Unit Price Amount I 22 610, SP Remove and salavage electrical equipment a) Remove existing light standards 34 Ea. $ $ 1 b) Remove existing fixtures only 12 Ea. $ $ 23 SP Relocate commercial sign (Provisional) 1 L.S. $ Sub -Total Electrical Items -- $ I TRAFFIC SIGNAL ITEMS I 24 507, 601 Relocation of traffic signals at Durham SP St. and for all work shown on the I drawings or detailed in the specifications including restoration) I a) Relocation of existing traffic signal 1 L.S. $ equipment b) 6.4 m heavy duty steel poles 8 Ea. $ $ I (Supplied by Municipality) c) Mast arms c/w spring cushion hangers I Colour: black, Length: i) 1.8 m 4Ea. $ $ ii) 3.7 m 2 Ea. $ $ 1 iii) 5.0 m 2 Ea. $ $ iv) Pedestrian arm brackets 8 Ea. $ $ I 25 507, 601 Relocation of traffic signals at Lambton SP St. and for all work shown on the I drawings or detailed in the specifications including restoration) a) Electrical handholes and covers 4 Ea. $ $ I OPSD 2112.02 (460 mm dia) I b) Electrical handholes and covers 4 Ea. $ $ OPSD 2112.04 (600mm x 600mm) c) Concrete pole bases and anchorage 8 Ea. $ $ I as per detail d) 6.4 m heavy duty steel poles 8 Ea. $ $ I (Supplied by Municipality) 1 T -9 (Revised) Item Spec. # Description Qty./Unit Price Amount e) Cable systems, including grounding 1 L.S. $ f) Mast arms c/w spring cushion hanger Colour: Black, Length: i) 0.6 m 3 Ea. $ $ ii) 3.6 m 2 Ea. $ $ iii) 4.6 m 2 Ea. $ $ iv) 1.2 m 1 Ea. $ $ v) Pedestrian arm brackerts 8 Ea. $ $ g) Pedestrian pushbutton c/w directional 4 Ea. $ $ plate h) Relocation of existing traffic signals 1 L.S. $ equipment 26 507, SP Pedestrian intersection signals - supply and install all work shown on the drawings or in the specifications including restoration a) Concrete pole bases and 2 Ea. $ $ anchorage as per detail b) 6.4 m heavy duty steel poles 2 Ea. $ $ (Supplied by Municipality) c) Relocation of existing traffic signal 1 L.S. $ equipment d) Pedestrian pushbutton c/w directional 2 Ea. $ $ plate e) Mast arms c/w spring cushion hanger Colour: Black, Length: i) 5.0 m 2 Ea. $ $ 27 507, 603, Supply, excavate for and place 75mm 30 m $ $ SP electrical ducts and conduit, including restoration (Provisional) Sub -Total Traffic Signal Items $ 1 ADDENDUM No. 2 1 Unit Price Schedule A — Planting This is a lump sum contract. The following items are to be used in computing all additions up to 15% of the I value of the work and deductions up to 15% of the work. Modifications to the contract beyond these limits shall be negotiated on an item by item basis. Itemized Unit Prices must be completed. Kincardine Plantings 1 Quinn Plaza Quantity Key Botanical Name Common Name Size Each Total Trees and Shrubs: $ $ I 1 AR Acer rubrum - Autumn Blaze' Autumn Blaze Red Maple 70mm Cal. $ $ 7 M Malus 'Harvest Gold - Crabapple Harvest Gold Crabapple 50mm Cal. $ $ 6 Sc Sambucus canadensis'Aurea' Golden Elder 80cm Ht. /3 gal $ $ 11 Ss Sorbaria sorbifolia False Spirea 60cm Ht./3gat $ $ I Perennials and Grasses 103 H Hemerocallis 'Hyperion' Hyperion Daylily 1 gal $ $ I 49 Em Echinacea'Magnus' Purple Coneflower 1 gal $ $ 66 G Geranium phaeum Cranesbill 1 gal $ $ 39 Rf Rudbeckia fulgida 'Goldstrum' Black Eyed Susan 1 gal $ $ 40 Hs Helictotrichon sempervirens Blue Oat Grass 1 gal $ $ I 16 Ms Miscanthus sinensis 'Huron Sentinel' Huron Sentinel 2 gal $ $ 67 P Pannisetum alopecuroides Fountain Grass, Hardy 1 gal $ $ Subtotal $ I Library Plaza Quantity Key Botanical Name Common Name Size Shrubs: I 13 Ha Hydrangea arborescens 'Annabelle' Annabelle Hydrangea 60cm Ht. / 3 gal. $ $ Perennials and Grasses 21 Ap Astilbe chinensis 'Pumila' Asti lbe Pumila 1 gal $ $ I 41 As Asti lbe chinensis 'Superba' Astilbe Superba 1 gal $ $ 9 C Calamagrostis 'Karl Forester' Feather Reed Grass 2 gal $ $ 19 Hs Helictotrichon sempervirens Blue Oat Grass 1 gal $ $ 25 H Hemerocallis 'Hyperion' Hyperion Daylily 1 gal $ $ I 19 Ho Hosta 'Francee Williams' Francee Williams Hosta 1 gal $ $ 30 L Lamium 'Purple Dragon' Dead Nettle - Purple Dragon 1 gal $ $ 30 Mof Matteucia struthiopteris Osterich Fem 1 gal $ $ 46 P Pannisetum alopecuroides Fountain Grass, Hardy 1 gal $ $ I 13 Rf Rudbeckia fulgida 'Goldstrum' Black Eyed Susan 1 gal $ $ Subtotal $ I Pipers Plaza Quantity Key Botanical Name Common Name Size Trees and Shrubs I 1 Ac Amelanchier canadensis Serviceberry - clump form 250cm Ht. $ $ 4 Ef Euonymus fortunei 'Sarcoxie' Sarcoxie Euonymus 40cm Ht. / 2 gal. $ $ 2 GT Gleditsia Triacanthos 'Shademaster' Honeylocust'Shademaster' 70mm Cal. WB $ $ 5 Ha Hydrangea arborescens 'Annabelle' Annabelle Hydrangea 60cm Ht. / 3 gal. $ $ I 1 SR Syringa reticulata 'Ivory Silk' Ivory Silk Lilac Tree 60mm Cal. WB $ $ Perennials and Grasses: 46 Am Achillea ,millefolium x Moonshine Yarrow - Moonshine 1 gal. $ $ I 30 Hs Helictotrichon sempervirens Blue Oat Grass 1 gal $ $ 61 H Hemerocallis 'Hyperion' Hyperion Day lily 1 gal $ $ 31 Rf Rudbeckia fulgida 'Goldstrum' Black Eyed Susan 1 gal $ $ Subtotal $ 1 1 1 ADDENDUM No. 2 1 Gateway Planting (East -side of Queen St., South of Durham Market S.) I Quantity Key Botanical Name Common Name Size Trees and Shrubs 10 Ca Cotoneaster apiculatus Cranberry Cotoneaster 40cm/2 gal. $ $ 3 Lm Lonicera morrowii Morrow Honeysuckle 80cm/3 gal. $ $ I 3 Po Physocarpus opulifolius'Dart's Gold' Darts Gold Ninebark 80cm/3 gal. $ $ 6 Pf Potentilla fruticosa'Pink Beauty' Pink Beauty Potentilla 40cm/3 gal. $ $ 1 QRS Quercus robur'Skymaster' Skymaster English Oak 60mm Cal. WB $ $ 7 Ra Rhus aromatica ' Gro-Low' Gro-Low Fragrant Sumac 2 gal. $ $ I 7 RT Rhus typhina EA Eleagnus angustifolia Staghom Sumac 150 cm Ht. WB $ $ 1 Russian Olive 50mm cal.W.B $ $ Perennials and Grasses: I 31 Hs Helictotrichon sempervirens Blue Oat Grass 1 gal $ $ 11 Ms Miscanthus sinensis'Huron Sentinel' Huron Sentinel 2 gal $ $ 49 Am Achilles millefolium x Moonshine Yarrow - Moonshine 1 gal. $ $ 27 P Pannisetum alopecuroides Fountain Grass, Hardy 1 gal $ $ I 30 Rf Rudbeckia fulgida 'Goldstrum' Black Eyed Susan 1 gal $ $ Subtotal $ Kincardine Street Trees I Deciduous Trees 12 AmC Amelanchier Canadensis Downy Serviceberry 60mm Cal. WB $ $ 13 PcN Prunus cerasifera Newport Plum 60mm Cal. WB $ $ I 16 PcC Pyrus calleryana 'Chantecleer' Chantecleer Pear 60mm Cal. WB $ $ 36 SR Syringa reticulata'Ivory Silk' Ivory Silk Japanese Lilac 60mm Cal. WB $ $ 5 TC Tilia cordata'Greenspire' Greenspire Linden 60mm Cal. WB $ $ I Subtotal $ Tiverton Plantings Total Planting Kincardine $ 1 Tiverton Street Trees Deciduous Trees $ $ I 23 AR Acer rubrum 'Autumn Blaze' Autumn Blaze Red Maple 70mm Cal. WB $ $ 23 PcC Pyrus calleryana 'Chantecleer Chantecleer Pear 60mm Cal. WB $ $ Subtotal $ 1 Total Planting Tiverton $ 1 Total Project $ 1 1 1 1 1 1 1 1 Detail Enlargement I ,■ Tartan Banding Unk Pavers: .... :_ 2 outer rows, 6"x9" Stone Sag Series, Small Banding Unk Pavers: i 8"X6` Oaks Colonnade Series, , =' ■' -• • Slate colour, Soldier Course pattern; MahognyBiendtxwb,r, n • • n"nk ' nnrnnn:nn n ni ' ' ' 2 inner rows, 4"x8" Classic Sacks, u r ":�, Running Bond ahem. '•'•• "s ■■s■■s►:a:a: ■■:■ Oroy11e1d Blend colour, Rur,ingBond P ririur iiriii�irii�t:iriiiittiii i ir Note: Band meets Sidewalk pattern; Edge Band and overlays ell �;- _ :: 1 Central row, 8"x8" Classic Series (Matrix Tartan Banding. _ _ - Finish), Ravenstone Blade colour, Running i - Bond pattern. Unit Paver Typical F*: `, Note: Tartan Band parallel to sidewalk 8 "x8` Oaks Classic Series, 1 overlays perpendicular Talton bends Charcoal color, Concrete Unk Paver TYpie l NI: Stacked Bond pattern (U urea Sidewalk 8 "X8` Oaks Classic Sorbs, Asphalt Lot only, no cuts). Existing Concrete Charcoal colour, Shacked Bond Curb I��aiiiii:■i11-11111i.11i-e-aliaaaaa pattern (full units only. no Parking Lot Edge Banding Unk Pavers: c i s Precast unit Planter (450nm Ht.): Gravel Lot I . Note: small All areas to be B Oaks Castierok wall units and coping, Oaks Colonnade Sages, x10 full unite typ.(Slde Walk Band to Tartan Band), larger Mahogany colour. Mg" Blend odour, SokkerCaxse Edge Banding Unk Paws: lll pattern. 8"X6" ands Colonnade Series Typical Utility units to be 10 x 10 full knits. Precast Unit Planter (450nm HL): Existing Rock and Strip Flows Bed to b Oaks Casgsrok wall units and oopYnp, Mahogany Blend colour, Soldier Course 1 Ih et removed wl 2 511 10) Mahogany mime. ,;" (0 158 +r m ell Be Ai 116.1 { IIIH Hydr• ~ Transformers House As haft � ,gFuA — 1 \ Ice #949 lot l I• 1. Shack Ad � \. II r . 1 1 1 UIE k , dfa � 'fie. t �l I _i, 8. 1 • II �!� �:] er • ' i = 1 OF 1 - , c ‘. ..., .., c, ICS SP „unct Box 1 Tel. Box Concrete Tel. Sidewalk Edge Banding Unit Pavers June t. 8'x6` Oaks Colonnade Series, Sidewakk Typical Utility Box Mahogany Blend colour, SoldierC arae Small Banding Unk Paws: Tartan Banding Unk Pavers: STN MH Mahogany Oaks Colonnade Series, 2 outs rows 8'k9” Stone Sett Series, Strip pattern. Q Mahogany Blend odour, Soldier I Note. Course pattern. Slate colour, Soldier Course pattern; Existing 2 inner Concrete Begin pattern from southwestcanerd GroyAel rows, ed colour, Running Band Curb Ice Cream Shack - 5 full units to Smal QUEEN STREET pattern; Band. 1 Central row, 8'k8" Classic Series (Mal* I Finish), Ravenstone Black colour, Running Bond pattern. Note: Tartan Band parallel to sidewalk overlays perpendicular Tartan bands. 1 Quinn Plaza 1 Enlargement Plan 1 �,:, >,r,,. Municipality of Kincardine (Kincardine) PROJECT No. StempskrKeNyAssociates .,. r � , 02228 design, landscape architecture &leMplavring � / ska for rural, resort end enmty *decades � t RO S � Queen Street Streetscape P.O. ox ]325 loro. Ontorlo NOB 1S0� grr"r energy. , balanced cry. Voice: 519. lo o. Fox= 519.846.2107 snpinssrinp batter communities f ''+ /� {- SCALE ADDENDUM No I O. E emit , inFOt?sko— deslgn.co K 1 N CA RD 1 N L Quinn Plaza N. T. 8. 2 1 1 MUNICIPALITY OF KINCARDINE TIVERTON AND KINCARDINE STREETSCAPE PROJECTS 1 CONTRACT NO. 02228 ADDENDUM NO. 1 1 The purpose of this addendum shall be to provide clarification of how bonuses would be administered on Part 2 of the contract and provide an example calculation. Should the Municipality accept an offer to amend the completion date and pay a bonus to the Contractor, and should the Contractor complete the work within the amended time for completion, then the bonus would be paid on Part 2 of the contract. Should the Contractor not complete the work within the amended period of time, the bonus paid will be reduced by a pro -rated amount per calendar day for the time as amended. The $2,500 liquidated damages clause will apply per calendar day from the original date of completion. For example: If a bonus of $14,000 is offered to complete 2 weeks earlier than the original completion date (June 24 completion is amended to June 10 and the Contractor finished the work 7 days after the amended completion date (June 17), a total bonus of $7,000 would be 1 paid. If the work was not done until after the original completion date, all of the $14,000 bonus would be forfeited (at $1,000 per day) and the $2,500 liquidated damages would apply, until Part 2 is declared complete. B. M. ROSS AND ASSOCIATES LIMITED Consulting Engineers 62 North Street Goderich, ON N7A 2T4 1 Phone: (519) 524 -2641 Fax: (519) 524 -4403 www.bmross.net 1 1 July 6, 2005 1 1 1 1 1 1 1 1 MUNICIPALITY OF KINCARDINE 1 TIVERTON AND KINCARDINE 1 STREETSCAPE PROJECTS 1 CONTRACT NO. 02228 1 1 1 1 1 1 1 1 1 1 MUNICIPALITY OF KINCARDINE TIVERTON AND KINCARDINE STREETSCAPE PROJECTS CONTRACT NO. 02228 INDEX TO CONTRACT DOCUMENTS Page Description Pa P g 1 Information to Bidders IB -1 -12 I Tender Form of Tender T -1 - T -12 I Statement re Sub - Contractors T -A & T -B Agreement to Bond 1 Performance Bond Labour and Material Payment Bond 1 Schedule of Plans, Specifications, General Conditions & Standards Index to Special Provisions Special Provisions SP -1- SP -40 1 Supplemental General Conditions SGC -1 General Conditions 1 -- Ontario Provincial Standards (September 1999) Form of Agreement A -1 -A -4 Contract Release 1 Statutory Declaration re Payment of Accounts Statutory Declaration re Liens and Liabilities Standards 1 1 1 1 1 1 1 1 1 INFORMATION TO BIDDERS I 1 1 t 1 1 1 1 1 1 F: \wp \Contracts \Forms \Info. to Bidders.doc 1 I INDEX TO INFORMATION TO BIDDERS (March 2002) 1 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 IB -2 6) Disqualification of Tender IB-2 7) Form of Agreement IB -2 8) Competency of Bidders IB-2 9) Sub - Contractors IB-2 I 10) Tender Acceptance IB-2 11) Agreement to Bond and Performance and Payment Bonds IB -3 12) Insurance IB -3 13) Completion Date and Liquidated Damages IB -3 14) Materials IB-5 15) Disposal and Use of Excavated Materials IB -6 16) Disposal of Waste Asphalt IB -6 17) Dust Control I8-7 18) First Aid Equipment 18-7 19) Taxes IB -7 20) Regulation of Pits and Quarries IB -7 21) Salvageable Material IB-7 22) Soils Investigation Report IB -8 III 23) Utility Pole Lines IB -8 24) Underground Utilities IB -8 25) Occupational Health and Safety Act I8-8 26) Contract Release IB -8 27) Use of Premises IB -8 28) Permit for Taking Water in Excess of 50,000 Litres Per Day IB -9 29) Hot Mix Plant - Environmental Protection Act IB -9 30) Restrictions on Open Burning IB -9 31) Night, Sunday, and Holiday Work IB -9 I 32) Absence of Engineer and Agent IB -10 33) Drainage IB -10 34) Bribery IB -10 35) Provisions for Traffic, Access, and Protection IB -10 36) Cold Weather Concrete IB -11 37) Falsework IB -11 38) Excess Loading of Motor Vehicles IB -11 39) Protection of Trees IB -11 40) Ontario Provincial Standards IB -12 41) Guaranteed Maintenance IB -12 42) Garbage Collection and Blue Box Recycling IB -12 I I I I IB -1 INFORMATION TO BIDDERS 1) DATE AND PLACE FOR RECEIVING TENDERS: Tenders will be received by: Jim O'Rourke, Public Works Manager Municipality of Kincardine ' 1475 Concession 5, RR5 Kincardine, ON N2Z 2X6 until 12:00 noon, Friday, July 22, 2005 as stated in the official tender call advertisement. 2) TENDER DEPOSIT: Each tender must be accompanied by a tender deposit in the form of a certified cheque payable to: Municipality of Kincardine for the amount of: Sixty Thousand ($ 60,000.00 ) This deposit shall serve as evidence of good faith that if awarded the contract, the bidder will execute and enter into a formal agreement with the Owner within the time required and will furnish the security required to secure the performance of the terms and conditions of this contract. The tender deposit of the bidder whose tender is accepted shall be forfeited by him should he fail to execute a contract and provide the satisfactory bonds, referred to hereafter, within ten (10) days after ' receiving written notice from the Engineer of the award of the contract to him. The deposits of unsuccessful bidders will be returned within thirty (30) days of the award of the contract. The deposit of the successful bidder shall be returned upon receipt of the performance bond and the signed contract. 3) SUBMISSION OF TENDER: a) Form of Tender: Tenders shall be submitted on the blank form herewith provided and shall give the lump sum and /or unit prices for the work, and the total tender shall be described in both words and figures. Tenderers will be required to add Goods and Services Tax on the tender form in the space provided. The tender shall be signed by the bidder, and delivered in a sealed, opaque envelope, clearly marked TENDER. 1 b) Statement re Sub - Contractors: Where included in the contract documents, each bidder shall complete along with the tender, a list of proposed Sub - Contractors showing the value of the work to be sublet to each. The value of work sublet shall not exceed 50% of the total work. Failure to provide this list may render the tender invalid. I I13-2 IF 4) CLAR CATION: I Any details in question on this contract or in the accompanying plans shall be clarified by the Contractor I prior to submitting the bid. The unit prices as tendered shall include the supply of all permits, labour, equipment, and materials except where noted that are necessary to complete the contract. 5) WITHDRAWAL OF TENDER: A bidder will be allowed to withdraw their tender unopened after it has been deposited if such request is received in writing prior to the time specified for the closing of tenders. 6) DISQUALIFICATION OF TENDER: I Tenders will not be considered where: a) They are received after the official closing time stated in the advertisement. b) They are not properly executed, and the associated documentation is not complete. c) They are not accompanied by a certified deposit cheque. d) They are submitted by "Fax ". More than one tender from an individual, firm, partnership or association under the same or different names will not be considered. Collusion between bidders will be sufficient cause for rejection of all tenders so affected. 7) FORM OF AGREEMENT: It is not necessary to complete the "Form of Agreement" when submitting your tender, but the successful bidder shall be required to complete the form upon notification of the award of the contract. 8) COMPETENCY OF BIDDERS: 1 Bidders and Sub - Contractors must be capable of performing the various items of work bid upon. They may be required to furnish a statement covering experience on similar work, list of machinery available for the proposed work, and such statements of their financial resources as may be deemed necessary. 9) SUB - CONTRACTORS: I The Engineer shall reserve the right to review the Sub - Contractors proposed at the time of tendering and to approve any Sub - Contractors proposed after the contract is awarded. 10) TENDER ACCEPTANCE: Contractors are notified that any unbalanced items, errors, or omissions in the tender may render the tender invalid. Contractors are notified that each tender shall continue open to acceptance by the Owner until the formal contract is executed by the successful bidder or until at least thirty (30) days after the tender closing date, whichever occurs first. The Owner may at any time within that period, without notice, accept this tender I whether any other tender had been previously accepted or not. The accepted bidder may also be required to furnish a Clearance Certificate from the Workplace Safety and Insurance Board. I 1 IB -3 ' 11) AGREEMENT TO BOND AND PERFORMANCE AND PAYMENT BONDS: Bidders must have the "Agreement to Bond" forms of this contract completed by their Bonding Company, and the same must be submitted with their tender in order to validate their bid. The Contractor, upon receipt of written notice from the Owner awarding the contract, shall provide a Performance Bond and a separate Labour and Material Payment Bond, each in the amount of one hundred percent (100 %) of the total tender to guarantee the performance of all obligations of the contract. These Bonds shall be supplied to the Owner within ten (10) days of the acceptance of the tender, and shall be at the expense of the Contractor. 12) INSURANCE: In addition to the requirements stated in the General Conditions for Contractor's insurance, the following will apply: a) Liability Insurance: The Contractor shall provide policies of General Liability, Automobile Liability and Aircraft and Watercraft Liability Insurance to the requirements of Sections GC6.03.02, GC6.03.03 and GC6.03.04 respectively. b) Property and Boiler Insurance: No Property or Boiler Insurance will be required for this contract. c) All other insurance provisions of Section GC6 of the General Conditions shall apply. 13) COMPLETION DATE AND LIQUIDATED DAMAGES: a) Time: Time shall be the essence of this agreement. b) Progress of the Work and Time for Completion: Part 1: Shall be completed by October 28, 2005. Part 2: The Queen Streetscape shall be completed in its entirety by June 24, 2006. Should the Municipality accept any offer from Contractors with respect to an earlier completion date, the provisions of this clause shall be so amended. Contractors may not commence work on Queen Street until Spring of 2006. 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 1 I IB -4 If the Contractor is delayed in the completion of the work, 1) by reason of changes or alterations made under Section GC3.11 of the General Conditions; I 2) by reason of any breach of contract or prevention by the Owner or other Contractor of the Owner or any employee of any one of them; 3) by reason of delay by the Owner issuing instructions or information or in delivering materials; 4) by any other act or neglect of the Owner or any other Contractor of the Owner or any employee of any one of them; 5) for any cause beyond the reasonable control of the Contractor; or 6) by Acts of God, or of the Public Enemy, Acts of the Province or of any Foreign State, Fire, Floods, Epidemics, Quarantine Restrictions, Embargoes or delays of Sub - Contractors due to such causes, I the time of completion shall be extended in writing at any time on such terms and for such period as shall be determined by the Engineer, and notwithstanding such extensions, time shall continue to be deemed of the essence of this contract. An application by the Contractor for an extension of time as herein provided shall be made to the Owner in writing at least fifteen (15) days prior to the date of completion fixed by the contract. All bonds or other surety furnished to the Owner by the Contractor shall be amended where necessary at the expense of the Contractor to provide coverage beyond the date of any extension of time granted, and the Contractor shall furnish the Owner with evidence of such amendment of the bonds or other surety. Any extension of time that may be granted to the Contractor shall be so granted and accepted without prejudice to any rights of the Owner whatsoever under this contract, and all such rights shall continue in full force and effect after the time limited in this contract for the completion of the work and whenever in this contract power and authority is given to the Owner or the Engineer or any person to take any action consequent upon the act, default, breach, neglect, delay, non - observance or non - performance by the 1 Contractor in respect of the work or contract, or any portion thereof, such powers or authorities may be exercised from time to time and not only in the event of the happening of such contingencies before the time limited in this contract for the completion of the work but also in the event of the same happening after the time so limited in the case of the Contractor being permitted to proceed with the execution of the work under an extension of time granted by the Engineer. c) Liquidated Damages: I It is agreed by the parties to the contract that in case all the work called for under the contract is not finished or completed within the date of completion, damages will be sustained by the Owner, and that it is and will be impracticable and extremely difficult to ascertain and determine the actual damage which the Owner will sustain in the event of and by reason of such delay and the parties hereto agree that the Contractor will pay to the Owner the sum of Part 1- Five Hundred ($500.00) per day, Part 2 - Two Thousand, Five Hundred ($2,500.00) per day for liquidated damages for each and every calendar day's delay in finishing the work beyond the date of completion prescribed, and it is agreed that this amount is an estimate of actual damage to the Owner which will accrue during the period in excess of the prescribed date of completion. The Owner may deduct any amount under this paragraph from any monies that may be due or payable to the Contractor on any account. whatsoever. The liquidated damages payable under this paragraph are in addition to and without prejudice to any other remedy, action or other alternative that may be available to the Owner. I I IB -5 ' 14) MATERIALS: a) Supply of Materials: Unless otherwise specifically designated, the Contractor shall supply all materials required under this contract. b) Materials Ordered by the Owner: ' Where the contract specifies that a material will be supplied by the Owner, such materials shall be delivered to the job site or to a local storage centre designated by the Owner. Once such materials are delivered to the job site or are picked up by the Contractor from a designated storage area, the Contractor shall be responsible for all handling, hauling, or storage of materials, including excess materials. c) Care of Material Supplied by the Owner: The Contractor shall in advance of receipt of shipments of materials provide adequate and proper storage facilities satisfactory to the Engineer, and on the receipt of such shipments, shall promptly place the materials in storage except where they are to be incorporated forthwith into the work. The Contractor shall be responsible for the acceptance at the point of delivery and for the safe handling and storage of all materials supplied by the Owner. Materials damaged while under control of the Contractor shall be replaced or repaired, at the Contractor's expense, to the satisfaction of the Engineer. Materials rejected by the Engineer or Inspector for reasons due to no fault of the Contractor shall remain in the care and at the risk of the Contractor until their disposition has been determined by the Engineer. I 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 shortages to the Engineer who shall arrange for an immediate inspection of the shipment and provide the Contractor with a written release from responsibility for such shortages or damage. Where shortages or damage are not so reported, it will be assumed that the shipment arrived in good order and shortages or damaged materials will henceforth be made good at the Contractor's expense. The full amount of material in each shipment shall be accounted for by the Contractor, and the material shall be at the risk of the Contractor after delivery. Material supplied to the Contractor by the Owner shall not, except with the written permission of the Engineer, be used for purposes other than the performance of the work under the contract. Empty reels, crates and containers from materials supplied by the Owner shall become the property of the Contractor and shall be removed from the site, unless otherwise specified in the contract documents. The Contractor shall provide the Owner immediately upon receipt of each shipment copies of Bills of Lading or such other documentation as the Engineer may require to substantiate and reconcile the quantities of materials received. 1 IB -6 PP d) Materials Supplied in Advance: Where materials supplied by the Owner are ordered and stockpiled, or stored, prior to the award of the I contract, the Contractor shall at his own expense immediately upon commencement of operations, check the materials, report to the Engineer any shortages, errors or damage, and take charge of the materials at the stockpile or storage site. I Where shortages or damage are not so reported by the Contractor, it shall be assumed that the shipment arrived in good order and shortages or damaged materials shall henceforth be made good at the Contractor's expense. e) Contractor's Responsibility for Materials on the Site: If the Contractor has received materials from the Owner, or has caused materials to be delivered to the site, and should any of these materials be lost, misused, stolen, damaged in any way, or deteriorated, the Contractor shall be responsible for replacing all such materials at his own expense. 15) DISPOSAL AND USE OF EXCAVATED MATERIALS: Material excavated in carrying out the work of the various tender items included in this contract and which is unsuitable for or which is surplus to the requirements for backfill or embankment construction, shall be disposed of either within or outside the contract limits as set out elsewhere in the contract. The contract price for the item requiring such work shall be compensation in full for excavating, loading, hauling, placing and trimming and for all other work which may be required to dispose of the unsuitable or surplus material and for providing a suitable site for material which is to be disposed of outside the contract limits. 16) DISPOSAL OF WASTE ASPHALT: Asphalt pavement and /or prime surface asphalt required for removal in carrying out the work of the various tender items included in this contract shall be disposed of either within the roadbed or outside the contract limits. Disposal outside the contract limits shall be at a certified waste disposal site for asphalt. ti Disposal of asphalt within the roadbed must be crushed and not contaminated with non - granular material. The crushed asphalt may be used for backfill to sewers or as selected fill material. The contract price for the item requiring such work shall be full compensation for excavating, crushing, loading, hauling, and levelling and for all other work which may be required to dispose of the asphalt material and for providing a suitable site for material which is to be disposed of within the roadbed or outside the contract limits. I I IB -7 17) DUST CONTROL: The Contractor shall take such steps as may be required to prevent dust nuisance resulting from the operations either within the contract limits, on detours, or elsewhere, or by public traffic, where it is the Contractor's responsibility to maintain a roadway through the work. 1 Where the work requires the sawing of asphalt or the sawing or grinding of concrete, blades and grinders of the wet type shall be used together with sufficient water to prevent the incidence of dust, wherever dust ' would affect traffic or wherever dust would be a nuisance to residents of the area where the work is being carried out. The cost of all preventative measures required by the Engineer outside the limits of the contract shall be borne by the Contractor. The cost of such measures within the contract shall be borne by the Contractor except in contracts where tender items include "Water for Compaction and Dust Control" or "Calcium Chloride" or both. In such cases, the Contractor shall be paid by the Owner at the contract unit price(s) for the appropriate item(s). I 18) FIRST AID EQUIPMENT: The Contractor shall provide and maintain the necessary first aid items and equipment called for under the First Aid Regulations of the Worker's Compensation Act. 19) TAXES: a) Ontario Retail Sales Tax: Contractors shall pay any applicable Ontario Retail Sales Tax and include this price in their bids. b) Federal Goods and Services Tax: The 7% Federal Goods and Services Tax will be paid on all work performed within the contract. It will be listed as a separate item on all tender documents and adjusted on final payment in accordance with the final contract price. 20) REGULATION OF PITS AND QUARRIES: Bill 120, An Act to Regulate Pits and Quarries and to Provide for their Rehabilitation shall be applicable in such parts of Ontario as the Lieutenant Governor shall from time to time designate by Regulation. All costs related to this specification will be deemed to have been included in the appropriate tender items and no separate payment will be made therefore. 21) SALVAGEABLE MATERIAL: All existing materials along the line of construction deemed salvageable by the Engineer shall be delivered to the storage site designated by the Engineer. All other materials that, in the opinion of the Engineer, cannot be salvaged shall be disposed of outside the limits of the contract, as directed by the Engineer or at locations arranged for by the Contractor at his own expense. The Contractor will be responsible for all clean -up after construction to the complete satisfaction of the Engineer. I I IB -8 22) SOILS INVESTIGATION REPORT: If a soils investigation were performed for this contract, the report will be made available at the office of the Consulting Engineer for inspection by any Bidder; but, at the same time, the office of the Consulting Engineer assumes no responsibility for any errors or omissions which may be inherent in the soils report. 23) UTILITY POLE LINES: Information on the removal or relocation of utility pole lines, restriction of blasting operations, etc. may be obtained from the Utility Firm concerned. The poles supporting utility lines immediately adjacent to the areas of excavation shall be adequately supported and protected to the satisfaction of the Utility Manager and the Engineer. Care shall be taken to ensure that all poles remain vertical following completion of the work. 24) UNDERGROUND UTILITIES: The location and depth of underground utilities shown on the contract drawings are based on the investigations made by the Consultant. It is, however, the Contractor's responsibility to contact the Municipal Authorities or Utility Companies for further information in regard to the exact location of these utilities'or other utilities not shown on the drawings to exercise the necessary care in construction operations and to take such other precautions as are necessary to safeguard the utilities from damage. This provision shall also apply to all storm and sanitary sewers, and the Contractor shall be completely responsible for the replacement or repair of any utilities or sewers damaged because of their operations. Whenever utilities of the Union Gas Company of Canada are encountered, the Contractor shall adhere to the requirements for pipe support as provided by the Utility Company. 25) OCCUPATIONAL HEALTH AND SAFETY ACT I The Contractor's attention is drawn to the regulations issued by the Ministry of Labour for the Province of Ontario under the Occupational Health and Safety Act. The Contractor acknowledges that they will ' comply with these regulations and that they will be the Constructor under said Act as it relates to the completion of this contract. 26) CONTRACT RELEASE: Prior to receiving final payment, the Contractor will be required to complete in triplicate a Contract Release on the form bound herein. 27) USE OF PREMISES: The Contractor shall confine the apparatus, the storage of materials, and the operations of workers to limits indicated by law, ordinances, permits or directions of the Engineer and shall not unreasonably encumber the premises with materials. Use of any adjacent property for storage purposes will be the Contractor's full responsibility and will in no way involve the Owner. The Contractor shall secure permission from each property owner before trespassing on any property. r IB -9 28) PERMIT FOR TAKING WATER IN EXCESS OF 50,000 LITRES PER DAY: 1 Where the Contractor will require water in excess of 50,000 litres per day, a permit must be obtained as per The Ontario Water Resources Act. A permit may be obtained by making an application to the Ministry of the Environment. 29) HOT MIX PLANT -- ENVIRONMENTAL PROTECTION ACT: 1 The attention of the Contractor is drawn to the Environmental Protection Act, RSO 1980, and regulations under this Act. Compliance with these regulations does not relieve the Contractor of contractual obligations as set out in the General Conditions, Section GC7.01. 30) RESTRICTIONS ON OPEN BURNING: To conform with the Environmental Protection Act RSO 1980, open burning may be carried out only under the following conditions: 1) The Contractor shall assume full responsibility for conducting open burning in accordance with the safety measures required by police and fire services and the Ministry of Natural Resources and other regulatory bodies having jurisdiction. 2) The Contractor shall inform the District Officer of the Regional Operations Division of the Ministry of Environment, one week in advance, of the date when burning will commence. ' 3) All open fires shall be limited as much as possible to daylight hours. 4) All open fires shall be attended at all times. 5) Open fires shall not be located within 150 m of any occupied dwelling. l 6) No open fires shall be maintained when the wind is in such a direction as to cause a decrease in visibility on any highway. 7) Open fires shall not be started on days of adverse weather such as rain, fog, or other conditions that prevent the ready dispersion of smoke. During the fire season this condition may be exempted in the fire zone, provided there are no occupied dwellings within 600 m. 8) Materials to be burnt shall consist of wood wastes only and shall not be burnt in such a manner as Ito 9) cause odour, excessive smoke or other material discomfort to nearby receptors. Debris from open fires shall not be piled adjacent to or discharged into watercourses. 10) Open fires shall not be located between Sta. and Sta. . Where open burning is prohibited I or impractical in specific areas of this contract, brush and debris may, as an alternative to burning, be disposed of outside the right -of -way in a manner approved by the Engineer, so as not to be unsightly or potentially unsightly from any highway. The Contractor shall arrange for disposal areas at his own expense. 31) NIGHT, SUNDAY, AND HOLIDAY WORK: Night time or Sunday work shall not be permitted, except in the case of emergency, and then only with the written permission of the Engineer and to such extent as he /she may judge to be necessary. 111 The Contractor shall, as far as possible, refrain from work on days which are legal holidays in Ontario. I 1 r IB -10 32) ABSENCE OF ENGINEER AND AGENT: The Owner may appoint an engineer or firm of consulting engineers as agent of the Engineer for the ' purpose of inspecting the work performed under this contract. In the absence of the Engineer or a duly appointed agent, any assistants who have been designated by the agent to superintend the work shall have full power to decide as to the manner of conducting and executing the works in every particular, and the Contractor shall follow the instructions or orders of the person so designated. 33) DRAINAGE: I The Contractor shall keep all portions of the work properly and efficiently drained during construction and until completion, and will be held responsible for all damage which may be caused or result from water backing up or flowing over, through, from or along any part of the works, or which any of the operations may cause to flow elsewhere. 34) BRIBERY: I Should the Contractor or any of the agents give or offer any gratuity to, or attempt to bribe any officer or servant of the Owner, the Owner shall be at liberty to cancel the contract forthwith or to direct the Engineer 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. 35) PROVISIONS FOR TRAFFIC, ACCESS, AND PROTECTION: a) Urban Areas: ' Traffic shall be maintained at all times during construction for private access, but detours to streets adjacent to the work will be permitted with permission from the Engineer. When requested by the Engineer, the roadway shall be kept open by placing sufficient granular material to carry traffic. If it is desirable to detour traffic during the construction of any part of the work, the Contractor shall supply, place and maintain proper detour signs, including adequate barricades and lights to clearly mark such detours throughout their entire length to the satisfaction of the Engineer. The routing of such detours will be approved by the Engineer. The Contractor shall be responsible for grading and maintaining any streets used as detours or haul roads and shall restore these roads to their original condition. The Engineer may require that Granular "A" or Calcium Chloride be applied at the Contractor's expense to a street before allowing its use as a detour, or during the period of use. b) Rural Areas: 1 If required under the Special Provision item, the Contractor shall construct a detour to carry vehicular traffic. The Contractor shall place proper detour signs, including adequate barricades and lights to clearly mark this detour throughout the entire length and to the satisfaction of the Engineer. I 1 I IB -11 c) General: ' The Contractor shall be responsible for signing and it shall be as per the Ontario Traffic Manual for roadway work operations under OTM Book 7 (Temporary Conditions). As per Book 7, the Contractor shall submit a traffic control plan a minimum of one week prior to any necessary traffic control measures. A copy of this plan will be kept on file by the Owner. The Contractor will be responsible for maintaining proper signs, barricades, and lights at all points along the line of construction that may be hazardous. The Contractor will provide good vehicular access at all times, for all residents who presently have access along the line of construction. 1 Where applicable, the Contractor shall supply an adequate number of flagmen /women to direct traffic at all times during construction as required by the Engineer. 36) COLD WEATHER CONCRETE: Unless otherwise specifically stated in the Special Provisions, the Contractor is to note that no additional payment will be made for heating of concrete or housing of structure and heating of the housing enclosure. 37) FALSEWORK: ' All falsework drawings shall bear the seal and signature of a Professional Engineer who is a member of or is licensed by the Association of Professional Engineers of Ontario. The drawings shall include the following information: The type of work and grade of all materials, including sills to be used in the falsework; Design loads on mud sills or other falsework supports; Horizontal forces imposed on the falsework and used for design purposes; Details of splices of supports for motorized finishing machines, and the like. The grades and stresses of all materials shall be in accordance with the Canadian Standards Association (C.S.A.) latest revisions to standards CAN 086.1 -M and S269.1. The deflection of beams used for 111 falsework shall be limited to 1/360 of the span. 38) EXCESS LOADING OF MOTOR VEHICLES: For the purpose of this contract, payment for weighed items is as follows: "Vehicles hauling material being measured for payment by weight will be paid for the actual amount of material hauled. This shall not be construed to mean that the Owner condones excess loading of motor vehicles and in no way permits the overloading of vehicles or absolves the Contractor from complying with the provisions of the Highway Traffic Act." 39) PROTECTION OF TREES: The Contractor's operations shall not cause damage to the trunk or branches of trees, or flooding or sediment deposits on areas where trees are not designated for removal. I IB -12 Protective measures shall be taken to safeguard trees from contract operations, equipment and vehicles. g p Equipment or vehicles shall not be parked, repaired, refuelled, construction materials shall not be stored, and earth materials shall not be stockpiled within the dripline area of any tree not designated for removal. I Where the contract requires work within the dripline of trees, operation of equipment shall be kept to the minimum necessary to perform the work required. Within five calendar days of any damaged that may occur, branches 25 mm or greater in diameter that are broken, shall be cut back cleanly at the break or to within 10 mm of their base, if a substantial portion of the branch is damaged. Roots 25 mm or larger in diameter that are exposed by the Contractor's operation shall be cut back cleanly to the soil surface within five calendar days of exposure. Bark that is damaged by the Contractor's operation shall be neatly trimmed back to uninjured bark, without causing further injury, within five calendar days of damage. All damaged areas shall be treated with an approved tree paint after trimming of damaged section of tree. 40) ONTARIO PROVINCIAL STANDARDS: I The Contractor is hereby advised that the use of the Ontario Provincial Standards are included in this contract and to be used where applicable. 41) GUARANTEED MAINTENANCE: 3 % of the value of the work will be retained for a period of 12 months following the date of substantial I performance as a guarantee of the proper performance of the work included in the contract. This amount will be released without interest upon expiry of the maintenance period. The maintenance holdback will be held in addition to the 10% holdback required by the Construction Lien I Act. The holdback will be retained by the owner, commencing during the latter part of the period of construction and generally not before the contract is approximately 80% complete. 1 No alternate forms of security will be considered. 42) GARBAGE COLLECTION AND BLUE BOX RECYCLING: 1 The Contractor shall be responsible for co- ordinating the collection of all garbage and blue box recycling, within the limits of the contract during construction, with the appropriate authority. I I I I T -1 FORM OF TENDER MUNICIPALITY OF KINCARDINE 1 TIVERTON AND KINCARDINE STREETSCAPE PROJECTS CONTRACT NO. 02228 1 Tender by: Lavis Contracting Co. Limited ' residin g at: R. R. 2, Clinton, Ontario. NOM 1L0 1 a company duly incorporated under the laws of Ontario ▪ and having its head office at hereinafter called the "Bidder" 1 To -- Municipality of Kincardine P Y 1 I /We: Lavis Contracting Co. Limited ▪ having carefully examined the locality and site of the proposed works and all contract documents relating ▪ thereto, including the Plans, Specifications, Drawings, Profiles, Form of Tender, Information to Bidders, General Conditions, Special Provisions, Form of Agreement, Form of Contract Bond and Addendum/ 1 Addenda Numbers 1 to 3* inclusive, hereby tender and offer in accordance therewith to enter into a contract within the prescribed time, to construct the said work in strict accordance with the contract documents and such further detail drawings as may be supplied from time to time, and to furnish all labour, I materials, tools, plant, matters and things necessary therefor, complete and ready for use within the time specified for the sum of 1 One Million, Six Hundred & Forty Thousand, Six Hundred & Seventy -Seven Dollars & Ninety -Two Cents $ 1 640 677.92 1 or such other sum as is determined from the actual measured quantities at the unit prices set forth in the 1 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 t T -2 I THE AFORESAID SUM IS MADE UP AS FOLLOWS: 1 SCHEDULE OF ITEMS AND PRICES I Item Spec. # Description Qty./Unit Price Amount PART 1 - TIVERTON I ROADWORK 1 N/A 2 N/A 1 3 314, SP Granular "A" 200 t 25.58 5,116.00 351 I 4 310, SP Hot Mix Miscellaneous 140 m 25.63 3,588.20 1 5 301, SP Restoring surfaces 1 L.S. 5,510.50 5,510.50 6 510, SP Removal of bituminous pavement 500 m 5.35 2,675.00 1 I (outside excavation) 7 N/A I 8 510, SP Removal of concrete sidewalk and 700 m 9.47 6,629.00 drives 9 351, SP Place concrete sidewalk and drives a) As shown on contract drawings 45 m 109.14 4,911.30 I b) Concrete strip along building 40 m 109.14 4,365.60 10 N/A 1 11 N/A I 12 N/A 13 355, 507 Supply and place precast concrete 1 SP unit pavers, including restoration a) Scheme A 140 m 70.62 9,886.80 I b) Scheme B 395 m 58.85 23,245.75 c) Scheme C 335 m 55.64 18,639.40 1 T -3 Item Spec. # Description Qty./Unit Price Amount 111 d) Scheme D 45 m 55.64 2,503.80 e) Scheme E 195 m 59.39 11,581.05 1 f) Scheme F 150 m 64.74 9,711.00 I Sub -Total Roadwork -- 108,363.40 WATERMAINS II 14 701, SP Supply, excavate for, place and backfill water service fitting, incl. 1 tapping main and all connections I a) 19 mm main stops 3 Ea. 481.50 1,444.50 c) Ground Hydrants 3 Ea. 642.00 1,926.00 I 15 507, 701, Supply, excavate for, place and SP backfill water services, including bedding, and all required connections, 1 cathodic protection, native backfill and restoration beyond the general grading I operations a) 19 mm dia. copper service tubing 55 m 124.12 6,826.60 1 installed by trenching Sub -Total Watermains -- 10,197.10 1 I ELECTRICAL ITEMS . 16 106, 603, a) Supply and install direct buried 1100 m 79.02 86,922.00 1 111 507,SP 50 mm Type 2 PVC conduit for wiring to street lighting including g g g g restoration I install power and ground 1 L.S. 16 050.00 16 17 604, SP Supply and ms p g 16,050.00 , I conductors in PVC conduit for street lighting I 18 609, SP Ground rods for Load Centre 1 Ea. 251.45 251.45 T -4 Item Spec. # Description Qty./Unit Price Amount I 19 SP Precast concrete in ground junction box 11 Ea. 561.75 6,179.25 I 20 SP Install street lighting luminaires & poles a) Type C 17 Ea. 502.90 8,549.30 b) Type D 11 Ea. 502.90 5,531.90 1 21 616, SP Supply and install power street light load centre control for street lights t a) Load Centre 1 1 L.S. 15,408.00 15,408.00 I 22 -23 N/A Sub -Total Electrical Items -- 138,891.90 1 TRAFFIC SIGNAL ITEMS / 24 N/A 1 LANDSCAPING ITEMS I 28 SP Supply and Plant Trees, Shrubs, 1 L.S. 25,674.65 25,674.65 Perrenials and Grasses 1 29 SP Benches 6 Ea. 1,692.74 10,156.44 30 SP Trash receptacles 6 Ea. 1,346.06 8,076.36 I 31 SP Bicycle racks 4 Ea. 799.00 3,196.00 1 32 SP Install textured steel letters in concrete 16 Ea. 54.00 864.00 i 33 N/A Sub -Total Landscaping Items 47,967.45 l MISCELLANEOUS ITEMS 1 34 SP Access to Businesses 1 L.S. 15,622.00 15,622.00 1 35 543, SP Traffic control 1 L.S. 9,170.00 9,170.00 1 1 T-5 ' Desc ription Item Spec. # Qty ./Unit Price Amount 1 36 SP Pre- construction survey 1 L.S. 20,972.00 20,972.00 1 37 N/A Sub -Total Miscellaneous Items -- 45,764.00 I TOTAL PART 1 -- 351,183.85 1 PART 2 - KINCARDINE ROADWORK 1 201, SP Clearing (trees all sizes) 19 Ea. 203.00 3,857.00 I 2 201, SP Grubbing (stumps all sizes) 19 Ea. 203.00 3,857.00 1 3 314, SP Granular "A" 500 t 25.00 12,500.00 351 4 310, SP Hot Mix Miscellaneous 100 m 26.00 2,600.00 1 5 301, SP Restoring surfaces 1 L.S. 13,800.00 13,800.00 6 510, SP Removal of bituminous pavement 1 (outside excavation) a) As shown on contract drawings 715 m 5.00 3,575.00 1 b) Quinn Plaza (Provisional) 430 m 4.00 1,720.00 7 510, SP Reconstruct Radius at Broadway St. 1 L.S. 4,452.00 4,452.00 I 353 I 8 510, SP Removal of concrete sidewalk and drives a) As shown on contract drawings 2370 m 1 1.00 26,070.00 1 b) Lambton to Durham St. (Provisional) 550 m 11.00 6,050.00 I 9 351, SP Place concrete sidewalk and drives a) As shown on contract drawings 70 m 104.00 7,280.00 b) Concrete strip along building 335 m 104.00 34,840.00 I c) Lambton to Durham St. (Provisional) 550 m 54.00 29,700.00 I 1 T -6 Spec. # Description Item Spe p Qty ./Unit Price Amount 10 570, SP Topsoil (imported) 155 m 9.00 1,395.00 11 571, SP Sodding (nursery, unstaked) 155 m 7.00 1,085.00 I 12 510, SP Remove precast concrete 380 m 17.00 6,460.00 unit pavers I 13 355, 507 Supply and place precast concrete al SP unit pavers, including restoration a) Typical Unit Paver Sidewalk 1100 m 50.00 55,000.00 I b) Utility Strip 1070 m 55.00 58,850.00 c) Tree islands 85 m 51.00 4,335.00 1 d) Victoria Park Entrance (Piper's Plaza) 1 L.S. 13,860.00 13,860.00 e) Library Forecourt 1 L.S. 27,820.00 27,820.00 I f) Quinn Plaza (Provisional) 1 L.S. 26,750.00 26,750.00 Sub -Total Roadwork -- 345,856.00 I WATERMAINS I 14 701, SP Supply, excavate for, place and I P backfill water service fitting, incl. tapping main and all connections I a) 19 mm main stops 5 Ea. 493.00 2,465.00 b) 25 mm main stops 9 Ea. 493.00 4,437.00 c) Ground Hydrants 27 Ea. 480.00 12,960.00 507, 701, Supply, excavate for, 50 pp y, , p lace and backfill water services, including I sp bedding, and all required connections, cathodic protection, native backfill and I restoration beyond the general grading operations 1 a) 19 mm dia. copper service tubing 144 m 145.00 20,880.00 installed by trenching b) 25 mm dia. copper service tubing 115 m 183.00 21,045.00 I installed by trenching 1 1 T -7 (Revised) # Description Item Spec. p Qty ./Unit Price Amount 1 c) 32 mm dia. PE service tubing 735 m 82.00 60,270.00 installed by trenching Sub -Total Watermains -- 122,057.00 I ELECTRICAL ITEMS 1 16 106, 603, a) Supply and install direct buried 507,SP 50mm Type 2 PVC conduit for I wiring to street lighting including restoration 1 a) Under proposed unit pavers 2500 m 31.00 77,500.00 b) To include restoration 800 m 55.00 44,000.00 1 17 604, SP Supply and install power and ground conductors in PVC conduit for I street lighting a) From Load Centre 1 1 L.S. 49,220.00 49,220.00 1 b) From Load Centre 2 1 L.S. 26,429.00 26,429.00 J 18 609, SP Ground rods for Load Centre 2 Ea. 252.00 504.00 19 SP Precast concrete in ground junction 11 Ea. 599.00 6,589.00 box 1 20 SP Install street lighting luminaires 1 and poles a) Type A (luminaires & Poles) 37 Ea. 503.00 18,611.00 I b) Type B (Pendent Style luminaire) 10 Ea. 503.00 5,030.00 c) Type E (Luminaires only) 16 Ea. 503.00 8,048.00 d) Type F (Luminaires only) 4 Ea. 503.00 2,012.00 1 e) Install lighting bollards 4 Ea. 268.00 1,072.00 21 616, SP Supply and install power streetlight I load centre control for street lights a) Load Centre 1, incl. concrete bollards 1 L.S. 15,515.00 15,515.00 I b) Load Centre 2 1 L.S. 15,515.00 15,515.00 1 1 T -8 (Revised) r Item Spec. # Description Qty./Unit Price Amount r 22 610, SP Remove and salavage electrical equipment I a) Remove existing light standards 34 Ea. 315.00 10,710.00 b) Remove existing fixtures only 12 Ea. 246.00 2,952.00 I 23 SP Relocate commercial sign (Provisional) 1 L.S. 5,080.00 5,080.00 I Sub -Total Electrical Items -- 288,787.00 TRAFFIC SIGNAL ITEMS 24 507, 601 Relocation of traffic signals at Durham SP St. and for all work shown on the 1 drawings or detailed in the specifications including restoration) 1 a) Relocation of existing traffic signal 1 L.S. 4,860.00 4,860.00 equipment I b) 6.4 m heavy duty steel poles 8 Ea. 607.00 4,856.00 (Supplied by Municipality) c) Mast arms c/w spring cushion hangers 1 Colour: black, Length: i) 1.8 m 4 Ea. 700.00 2,800.00 I ii) 3.7 m 2 Ea. 775.00 1,550.00 iii) 5.0 m 2 Ea. 1,065.00 2,130.00 iv) Pedestrian arm brackets 8 Ea. 420.00 3,360.00 I 25 507, 601 Relocation of traffic signals at Lambton SP St. and for all work shown on the 1 drawings or detailed in the specifications including restoration) 1 a) Electrical handholes and covers 4 Ea. 685.00 2,740.00 OPSD 2112.02 (460 mm dia) 1 b) Electrical handholes and covers 4 Ea. 1,055.00 4,220.00 OPSD 2112.04 (600mm x 600mm) I c) Concrete pole bases and anchorage 8 Ea. 1,870.00 14,960.00 as per detail I d) 6.4 m heavy duty steel poles 8 Ea. 607.00 4,856.00 (Supplied by Municipality) 1 1 T -9 (Revised) Item Spec. # Description Qty./Unit Price Amount 1 e) Cable systems, including grounding 1 L.S. 12,600.00 12,600.00 I f) Mast arms c/w spring cushion hanger Colour: Black, Length: i) 0.6 m 3 Ea. 675.00 2,025.00 1 ii) 3.6 m 2 Ea. 775.00 1,550.00 iii) 4.6 m 2 Ea. 965.00 1,930.00 iv) 1.2 m 1 Ea. 695.00 695.00 I v) Pedestrian arm brackerts 8 Ea. 420.00 3,360.00 I g) Pedestrian pushbutton c/w directional 4 Ea. 165.00 660.00 plate 1 h) Relocation of existing traffic signals 1 L.S. 4,858.00 4,858.00 equipment 1 26 507, SP Pedestrian intersection signals - supply and install all work shown on I the drawings or in the specifications including restoration I a) Concrete pole bases and 2 Ea. 1,873.00 3,746.00 anchorage as per detail 1 b) 6.4 m heavy duty steel poles 2 Ea. 608.00 1,216.00 (Supplied by Municipality) 1 c) Relocation of existing tr signal 1 L.S. 4,088.00 4,088.00 equipment 1 d) Pedestrian pushbutton c/w directional 2 Ea. 182.00 364.00 plate 1 e) Mast arms c/w spring cushion hanger Colour: Black, Length: 1 i) 5.0 m 2 Ea. 3,703.00 7,406.00 27 507, 603, Supply, excavate for and place 75mm 30 m 160.00 4,800.00 1 SP electrical ducts and conduit, including restoration (Provisional) 1 Sub -Total Traffic Signal Items 95,630.00 1 . 1 T -10 Description Item Spec. # p Qty ./Unit Price Amount 1 LANDSCAPING ITEMS I 28 SP Supply and Plant Trees, Shrubs, Perrenials and Grasses I Trees & Shrubs a) Streetscape 1 L.S. 43,000.00 43,000.00 b) Library Forecourt 1 L.S. 9,000.00 9,000.00 1 c) Piper' Plaza 1 L.S. 6,000.00 6,000.00 d) Gateway Planting 1 L.S. 8,600.00 8,600.00 1 e) Quinn Plaza (Provisional) 1 L.S. 10,700.00 10,700.00 29 SP Benches 20 Ea. 1,690.00 33,800.00 I 30 SP Trash receptacles 15 Ea. 1,350.00 20,250.00 1 31 SP Bicycle racks 6 Ea. 800.00 4,800.00 1 32 N/A 33 SP Supply and install concrete footings 1 a) 300mm dia for pole structure 4 Ea. 850.00 3,400.00 b) 300mm dia for future arbour 5 Ea. 850.00 4,250.00 1 c) 400mm dia for lighting bollards 4 Ea. 960.00 3,840.00 Sub -Total Landscaping Items 147,640.00 1 MISCELLANEOUS ITEMS 1 34 SP Access to Businesses 1 L.S. 9,400.00 9,400.00 1 35 543, SP Traffic control 1 L.S. 12,800.00 12,800.00 36 SP Pre - construction survey 1 L.S. 19,120.00 19,120.00 37 SP Provision of field office 1 L.S. 2,815_ .00 2,815.00 I Sub -Total Miscellaneous Items -- 44,135.00 1 TOTAL PART 2 -- 1,044,105.00 1 1 T- I 1 I t m Spec. # Description Ie P P Qty./Unit Price Amount 1 PROVISIONAL ITEMS -- PARTS 1 -2 INCLUSIVE 38 314, SP Unshrinkable backfill 10 m 220.00 2,200.00 39 SP Window well modifications 5 Ea. 535.00 2,675.00 I 40 SP Saw cutting, additional to requirements elsewhere in contract 1 a) Concrete 100 m 25.00 2,500.00 b) Asphalt 100 m 17.00 1.700.00 1 41 SP Removal of concrete steps 5 Ea. 300.00 1,500.00 42 SP Place concrete steps 5 Ea. 160.00 800.00 I 43 410, SP Sanitary sewer service cleanout 4 Ea. 595.00 2,380.00 1 Sub -Total Provisional Items -- 13,755.00 I MISCELLANEOUS ITEMS -- PARTS 1 -2 INCLUSIVE f 44 SP Cost of 100% Performance and 100% 1 L.S. 14,500.00 14,500.00 I Labour and Material Payment Bonds and cost of insurance 1 45 SP Contingency Allowance 1 L.S. 50,000.00 50,000.00 46 SP Lump sum to cover all other 1 L.S. 59,800.00 59,800.00 1 requirements of the contract not specifically covered by or related to the preceding items Sub -Total Miscellaneous Items -- 124,300.00 Total Part 1 351 183.85 I Total Part 2 1,044,105.00 Total Provisional Items 13,755.00 Total Miscellaneous Items 124,300.00 1 Sub- Total All Parts 1,533,343.85 7% G.S.T. 107,334.07 1 TOTAL TENDER 1,640,677.92 1 1 T -l2 I Item Spec. # Description Qty./Unit Price Amount 1 The Municipality of Kincardine is interested in receiving proposals from Contractors for early completion of Part 2 - Queen Street Streetscape. Contractors may, in the following form, offer lump sum cost adjustments for the completion of the contract at an earlier date. The Municipality will be under no I obligation to accept these proposals. Should, however, the Municipality accept the proposal, Contractors acknowledge that the completion dates as outlined in the liquidated damage clause on Page IB -3 of the I Information to Bidders is amended in accordance with this acceptance. Should Contractors not wish to propose an alternate completion date, the spaces below should be completed with the following phrase - "Not Offered ". 1 Price adjustments are exclusive of GST. 1 To complete the contract - Part 2, two weeks earlier than the time specified - -- $21,000.00 To complete the contract - Part 2, four weeks earlier than the time specified - -- Not Offered i To complete the contract - Part 2, weeks earlier than the time specified - -- Not Offered 1 1 1 1 1 1 1 1 1 1 1 1 T -A STANDARD TENDER REQUIREMENTS 1 I /We agree to complete the work within the time specified in the Information to Bidders. 1 I /We also agree that this Tender is subject to a formal contract being prepared and executed. I /We also agree that the Municipality shall have the option of: Deleting any Part or Parts shown in the Tender. 1 In submittin g this Tender for the work, the Tenderer further declares: (a) That no person, firm or corporation other than the one whose signature or seal is attached below, has any interest in this tender or in the contract proposed to be taken; (b) That this tender is made without any connection, knowledge, comparison of figures or 1 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; 1 (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, 1983 "; (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 1 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 1 closing date, the amount of the deposit accompanying this tender shall be forfeited to the Owner; 1 (f) That the awarding by the Owner of the contract based on this tender shall be an acceptance of the tender; 1 (g) The Tenderer solemnly declares that the several matters stated in the foregoing tender are in all respects true; 1 1 • 1 1 1 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 1 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 1 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 Guarantee Company of North America, 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 certified cheque for the sum of Sixty Thousand Dollars ($60,000.00) is attached hereto. ' DATED AT R. R. 2, Clinton, this 29 day of July, 2005. I 1 (Signed) (Signed and Sealed) Signature of Witness Signature of Bidder 1 NOTE: 1 If the tender is submitted by or on behalf of an incorporated company, it must be signed in the name of such company by the duly authorized officers and the seal of the corporation must be 1 affixed. If the tender is submitted by or on behalf of an individual or a partnership, a seal must be affixed opposite the signature of the individual or the partner. 1 1 1 STATEMENT RE: SUB - CONTRACTORS 1 The following is a list of Sub - Contractors or Sub - Trades intended to be used in the execution of the contract showing the portion of the work to be allotted to each. ITEM SUB- CONTRACTOR'S NAME AND ADDRESS 1 1. Traffic Lights Cardinal Traffic, Stratford ' 2. Electrical Bram K, Kincardine 3. Concrete S/W C & M, Kincardine 1 4. Pavers First Choice, London 1 5. Landscape Westside, Owen Sound 6. 1 7. 1 8. 9. 1 10. ' 11. 12. 1 1 1 F: \w \Contracts \Forms - p \Sub Contractors.doc 1 1 AGREEMENT TO BOND I (PERFORMANCE BOND AND LABOUR AND MATERIALS PAYMENT BOND) 1 ** 1 1 Date: , 20_ PROJECT NO. 1 CONTRACT NO. TO 1 Dear Sirs: IR]. 1 In consideration of (hereinafter referred to as "the Owner ") accepting the tender of and executing an Agreement with: I referred to as "the Tenderer") for the construction of (hereinafter f ee ed a ) 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 I Owner to become bound to the Owner as surety for the Tenderer in a Performance Bond and a Labour and Material Payment Bond each in an amount equal to 100% of the contract price or other such greater amount as may be determined by the Owner, in the forms of Performance Bond and Labour and Material I Payment Bond provided and in accordance with the said tender, and we agree to furnish the Owner with said Bonds within seven (7) days after notification of the acceptance of the said tender and execution of the said Agreement by the Owner has been mailed to us. I Yours very truly, 1 (Seal) 1 NOTE: This Agreement to Bond must be executed on behalf of the Surety Company by its authorized officers under the company's corporate seal. Of the two forms bound herein, one shall become a part of the tender and the other shall be retained by the Surety Company. I • * * Enter the name and address of the Surety Company at the top of the Y p Y p page. Pg 1 F: \wp\ Contracts \Forms\AgToBond- 2bonds.doc i II 1 PERFORMANCE BOND 1 Bond No. Project No. I Amount $ Contract No. 1 KNOW ALL MEN BY THESE PRESENTS, that we 1 hereinafter called "the Principal" 1 and 1 hereinafter called "the Surety ", 1 are jointly and severally held and firmly bound unto 1 hereinafter called "the Obligee" its successors and assigns, in the sum of Dollars ($ ) 1 of lawful money of Canada, to be paid unto the Obligee, for which payment well and truly to be made we the Principal and Surety jointly and severally bind ourselves, our and each of our I respective heirs, executors, administrators, successors and assigns by these presents. SIGNED AND SEALED with our respective seals and dated this day of 1 20 WHEREAS by an agreement in writing dated the day of , I 20_, the Principal has entered into a contract with the Obligee, hereinafter called "the Contract ", for the construction, alteration, repair or maintenance of a public work, namely 1 as in the Contract provided, which Contract is by reference herein made a part hereof as full to p � Y p Y all intents and purposes as though recited in full herein. I NOW THEREFORE THE CONDITION OF THIS OBLIGATION IS SUCH that if the Principal shall at all times duly perform and observe the Contract including all the terms and conditions 1 thereof, to the satisfaction of the Obligee and shall at all times fully indemnify and keep indemnified the Obligee from and against all and any manner of loss, damage, expense, suits, actions, claims, liens, proceedings, demands, awards, payments and liabilities arising out of or in I any manner based upon or attributable to the Contract and shall fully reimburse and repay the Obligee for all outlay, expense, liabilities, or payments incurred or undertaken to be made by the Obligee pursuant to the Contract, then this obligation shall be void, but otherwise it shall be and I remain in full force and effect. 1 1 Performance Bond Page 2 1 Provided further and it is hereby agreed and declared that there shall be no liability under this instrument of the Principal and Surety for payment of any claims for labour, material or services used or reasonably required for use in the performance of the Contract to the extent the amount of such claims is paid pursuant to a Labour and Materials Payment Bond. ' Provided always and it is hereby agreed and declared that the Obligee ee and the Principal have the Y Y g g p right to change, alter and vary the terms of the Contract and that the Obligee may in its discretion at any time or times take and receive from the Principal any security whatsoever and grant any extension of time thereon or on any liability of the Principal to the Obligee. 1 Provided further and it is hereby agreed and declared that the Principal and the Surety shall not be discharged or released from liability hereunder and that such liability shall not be in any way affected by any such changes, alterations, or variations, taking or receiving of security, or ' extension of time, as aforesaid, or by the exercise by the Obligee of any of the rights or power reserved to it under the Contract or by its forbearance of exercise any such rights or powers, ' including (but without restricting the generality of the foregoing) any changes in the extent or nature of the works to be constructed, altered, repaired or maintained under the Contract, or by any dealing, transaction, forbearance or forgiveness which may take place between the Principal and the Obligee. Provided further and it is hereby agreed and declared that the Surety shall not be liable for a 1 greater sum than that specified in this bond. In Witness Whereof the Principal and the Surety have executed these presents. 111 1 1 SIGNED AND SEALED BY THE PRINCIPAL ) ) Per: 1 In the presence of: ) ) Per: ) Principal 1 Witness ) ) Occupation ) I . Address ) Surety 1 1 F: \wp\ Contracts \Forms\Performance Bond.doc 1 1 1 LABOUR AND MATERIAL PAYMENT BOND 1 Bond No. Project No. 1 Amount $ Contract No. 1 KNOW ALL MEN BY THESE PRESENTS, that we hereinafter called "the Principal ", 1 and hereinafter called "the Surety", 1 are jointly and severally held and firmly bound unto I as Trustee, hereinafter called the "Obligee ", for the use and benefit of the Claimants, their and each of the I their heirs, executors, administrators, successors and assigns, in the amount of Dollars ($ ) of lawful money of Canada, for the payment of which sum well and truly to be made we the I Principal and Surety jointly and severally bind ourselves, our and each of our respective heirs, executors, administrators, successors and assigns by these presents. I WHEREAS by an agreement in writing dated the day of 20 , the Principal entered into a contract with the Obligee, hereinafter called "the Contract ", for 1 1 111 which Contract is by reference herein made a part hereof as fully to all intents and purposes as though recited in full herein. 1 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if the Principal I shall make payment to all Claimants for all labour and material used or reasonably required for use in the performance of the Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect, subject, however, to the following conditions: 1 1 1 1 Labour and Material Payment Bond Page 2 1 1. A Claimant for the purpose of this Bond is defined as one having a direct contract with the Principal for labour, material, or both, used or reasonably required for use in the ' performance of the Contract, labour and material being construed to include that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment, directly applicable to the Contract provided that a person, firm or corporation who rents equipment ' to the Principal to be used in the performance of the Contract under a contract which provides that all or any part of the rent is to be applied towards the purchase price thereof shall only be a Claimant to the extent of the prevailing industrial rental value of such 1 equipment for the period during which the equipment was used in the performance of the Contract. 2. The Principal and the Surety hereby jointly and severally agree with the Obligee, as Trustee, that every Claimant who has not been paid as provided for under the terms of his contract with the Principal, before the expiration of a period of ninety (90) days after the date on which the last of such Claimant's work or labour was done or performed or materials were furnished by such Claimant, may as a beneficiary of the trust herein provided for, sue on this Bond, prosecute the suit to final judgment for such sum or sums ' as may be justly due to such Claimant under the terms of his contract with the Principal and have execution thereon. Provided that the Obligee is not obliged to do or take any act, ' action or proceeding against the Surety on behalf of the Claimants, or any of them, to enforce the provisions of this Bond. If any act, action or proceeding is taken either in the name of the Obligee or by joining the Obligee as a parry to such proceeding, then such act, ' action or proceeding, shall be taken on the understanding and basis that the Claimants, or any of them, who take such act, action or proceeding shall indemnify and save harmless the Obligee against all costs, charges and expenses or liabilities incurred thereon and any loss ' or damage resulting to the Obligee by reason thereof. Provided still further that, subject to the foregoing terms and conditions, the Claimants or any of them, may use the name of the Obligee to sue on and enforce the provisions of this Bond. 3. No suit or action shall be commenced hereunder by any Claimant: (a) Unless such Claimant shall have given written notice within the time limits hereinafter set forth to each of the Principal, the Surety and the Obligee, stating with substantial accuracy the amount claimed. Such notice shall be served by mailing the same by registered mail, or 1 served in any manner in which legal process may be served in the Province of Ontario, to the Principal, the Surety, and the Obligee, at any place where an office is regularly maintained for the transaction of business by such persons. Such notice shall be given: 1 1 1 1 1 Labour and Material Payment Bond Page 3 1 1) in respect of any claim for the amount or any portion thereof required to be held back from the Claimant by the Principal under either the terms of the Claimant's contract U with the Principal or under the Construction Lien Act, Chapter 6, S.O. 1983 applicable to the Claimant's contract with the Principal, whichever is the greater within one hundred and twenty (120) days after such Claimant should have been paid in full under 1 the Claimants contract with the Principal. 2) in respect of any claim other than for the holdback, or portion thereof, referred to 1 above, within one hundred and twenty (120) days after the date upon which such Claimant did, or performed, the last of the work or labour or furnished the last of the materials for which such claim is made, under the Claimant's contract with the 1 Principal. (b) After the expiration of one (1) year following the date on which the Principal ceased work 1 on the Contract, including work performed under the guarantees provided in the Contract. (c) Other than in a Court jurisdiction in the Province of Ontario, and the parties hereto agree to 1 submit to the jurisdiction of such Court. 4. The amount of this Bond shall be reduced by, and to the extent of any payment or I payments made in good faith, and in accordance with the provisions hereof, inclusive of the payment by the Surety of claims under the Construction Lien Act, whether or not such claims be presented under and against this Bond. I PROVIDED ALWAYS and it is hereby agreed and declared that the Obligee and the Principal have the right to change, alter and vary the terms of the Contract, and that the Obligee may in its discretion at any time or times take and receive from the Principal any security whatsoever and 1 grant any extension of time thereon or on any liability of the Principal to the Obligee. PROVIDED FURTHER and it is hereby agreed and declared that the Principal and the Surety I shall not be discharged or released from liability hereunder and that such liability shall not be in any way affected by any such changes, alterations, or variations, taking or receiving of security, or extension of time, as aforesaid, or by the exercise by the Obligee of any of the rights or powers I reserved to it under the Contract or by its forebearance to exercise any such rights or powers, including (but without restricting the generality of the foregoing) any changes in the extent or I nature of the works to be constructed, altered, repaired or maintained under the Contract, or by any dealing, transaction, forebearance or forgiveness which may take place between the Principal and the Obligee. 1 1 1 1 1 Labour and Material Payment Bond Page 4 1 PROVIDED FURTHER and it is hereby agreed and declared that the Surety shall not be liable 111 for a greater sum than that specified in this Bond. IN WITNESS WHEREOF the Principal and the Surety have AFFIXED THEIR SIGNATURES 1 AND CORPORATE SEALS this day of , 20 . 1 SIGNED AND SEALED BY THE PRINCIPAL ) 1 In the presence of: ) 1 ) Principal Witness ) Occupation ) ) ) Address ) Surety 1 1 1 1 1 1 F: \wp \Contracts \Forms\L &M Bond.doc 1 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, Tiverton and 1 Kincardine Streetscape Projects, Contract No. 02228. A. SPECIAL PROVISIONS - Pages SP -1 to SP -40 B. PLANS - Part 1: Drawing Nos. 1 - 7 Part 2: Drawing Nos. 1 - 16 ' C. INFORMATION TO BIDDERS - Pages IB -1 to IB -12 D. STANDARD SPECIFICATIONS Ontario Provincial Standard Specification Numbers shall apply to this contract mutatis mutandis. Only the most recent specifications shall apply to this contract. 106 314 410 570 604 701 201 351 507 571 609 301 353 510 601 610 1 310 355 543 603 616 E. STANDARD DRAWINGS 1 310.010 1104.010 2112.02 2524.01 BMROSS 208 310.020 1104.02 2112.040 2528.01 BMROSS 500 1 310.030 2100.01 2123.03 2529.10 BMROSS 1000 600.040 2103.030 2501.02 2530.01 BMROSS 2201M 1 802.010 2103.04 2522.01 2547.01 BMROSS 2201LBM F. FORM OF TENDER 1 G. SUPPLEMENTAL GENERAL CONDITIONS - SGC -1 H. GENERAL CONDITIONS - Ontario Provincial Standards (September 1999) I. AGREEMENT 1 J. PERFORMANCE BOND K. LABOUR AND MATERIAL PAYMENT BOND L. CONTRACT RELEASE ' M. STATUTORY DECLARATION RE PAYMENT OF ACCOUNTS N. STATUTORY DECLARATION RE LIENS AND LIABILITIES c n Z � O cA cs) *1-1 44 i� Cino C CA g Pii m 111111111111111111111111111M1111111•1111111111•11111•0111 1 INDEX TO SPECIAL PROVISIONS 1 GENERAL I Disposal of Surplus Materials SP -1 General Restoration Requirements SP -2 1 Co- ordination of Work by Others SP -2 1 Permission to Enter Buildings for Work Inside the Building SP -2 ROADWORK 1 Item No. 1 Clearing (Trees All Sizes) SP -3 Item No. 2 Grubbing (Stumps All Sizes) SP -3 Item No. 3 Granular "A" SP -3 I Item No. 4 Hot Mix Miscellaneous SP -4 I Item No. 5 Restoring Sidewalk Surfaces SP -5 Item No. 6 Removal of Bituminous Pavement (Outside Excavation) SP -5 I Item No. 7 Reconstruct Radius at Broadway Street SP -6 I Item No. 8 Removal of Concrete Sidewalk and Drives SP -6 Item No. 9 Place Concrete Sidewalk and Drives SP -7 ' Item No. 10 Topsoil (Imported) SP -7 1 Item No. 11 Sodding (Nursery, Unstaked) SP -7 III Item No. 12 Remove Precast Concrete Unit Pavers SP-8 Item No. 13 Place Precast Concrete Unit Pavers SP -8 1 Item No. 14 -15 WATERMAIN INSTALLATION SP -12 1 1 1 1 1 1 ELECTRICAL I Item No. 16 Supply and Install Direct Buried 50 mm Type 2 PVC Conduit for Wiring to Street Lighting SP -16 I Item No. 17 Supply and Install Power and Ground Conductors in PVC Conduit Pipe for Street Lighting SP -16 1 Item No. 18 Ground Rods for Load Centre SP -16 Item No. 19 Precast Concrete In- Ground Junction Box SP -16 I Item No. 20 Install Street Lighting Luminaires and Poles SP -17 I Item No. 21 Supply and Install Power Street Light Load Centre Control for Street Lighting SP -18 1 Item No. 22 Remove and Salvage Existing Electrical Equipment SP -19 Item No. 23 Relocate Commercial Signs (Provisional) SP -19 1 1 TRAFFIC SIGNALS Item No. 24 & 25 Relocation of Existing Traffic Signal Equipment SP -19 I Item No. 26 Installation of Pedestrian Intersection Signals, I Including Restoration SP -21 Item No. 27 Supply and Install Direct Buried 75mm Type 2 PVC 1 Conduit for Traffic Signals and Pedestrian Crosswalk SP -23 I LANDSCAPING Item No. 28 Excavate for and Plant Trees, Shrubs and Ground Covers SP -23 1 Item No. 29 - 31 Site Furnishings SP -33 I Item No. 32 Install Textured Steel Letters in Concrete SP -34 Item No. 33 Supply and Install Concrete Pole Bases SP -34 1 1 1 1 MISCELLANEOUS I Item No. 34 Access to Entrances to Buildings SP -34 I Item No. 35 Traffic Control SP -34 Item No. 36 Preconstruction Survey SP -35 I Item No. 37 Provision of Field Office SP -37 1 Item No. 38 Unshrinkable Backfill SP -37 Item No. 39 Window Well Modifications SP -38 I Item No. 40 Saw Cutting SP -39 1 Item No. 41 Removal of Concrete Steps SP -39 I Item No. 42 Remove and Replace Concrete Steps SP -39 Item No. 43 Sanitary Sewer Service Cleanout SP -40 1 Item No. 44 Bonding and Insurance SP -40 Item No. 45 Contingencies SP -40 Item No. 46 Lump Sum for Other Requirements SP -40 I 1 1 1 1 1 1 1 SP -1 1 GENERAL I DISPOSAL OF SURPLUS MATERIALS All excavated material shall become the property of the Contractor, and the Contractor's unit I price bid for the item shall include the cost of loading, hauling, dumping and levelling the material as directed by the Engineer. 1. Earth material shall be disposed of by the Contractor, outside the contract limits. I 2. Asphalt shall be disposed of by the Contractor, at an approved site outside the contract limits. 1 3. Concrete shall be disposed of by the Contractor outside the contract limits. 1 RESTORATION When noted in the Form of Tender or identified in the Special Provision, the unit price bid for I the appropriate item(s) shall include complete restoration. All restoration shall be as noted below in the General Restoration Requirements. I Restoration Beyond the Limits of General Grading Operations When noted in the Form of Tender or identified in the Special Provisions, the unit price bid for I the appropriate item(s) shall include restoration beyond the general grading operations. Contract items are provided for the restoration of work within the general grading operations. Restoration of areas beyond the general grading operations shall be included in the unit price of the item. I Areas beyond the general grading operations include, but are not limited to, stockpile locations, areas disturbed by equipment or material storage sites or service connections. All restoration shall be as noted below in the General Restoration Requirements. I General Restoration Requirements I All restoration shall be in accordance with OPSS 507 and the following: (a) Lawn Areas -- 100 mm of approved topsoil levelled and graded to conform to the I existing ground, followed by nursery sod approved by the Engineer. (b) Non -lawn, Non - roadway areas -- 100 mm of approved topsoil levelled and graded to conform to the existing ground, followed by an approved seed and mulch application. I (c) Where existing roadway /driveway is paved -- 300 mm minimum of Granular `B ", 150 mm of Granular "A ", and 50 mm of HL -3 in driveways, or 2 -40 mm lifts of HL -4 minimum in roadways or to match the depth of existing asphalt. Where 2 or more lifts of I asphalt are required against existing pavement, a stepped joint shall be prepared by removing 0.5 m wide by the depth of the existing surface course prior to paving. (d) Where existing roadway /driveway is gravel -- 300 mm of Granular `B "; and 150 mm of 1 Granular "A ". 1 SP -2 (e) Where existing driveway is concrete -- 300 mm minimum of Granular "B" and 150 mm of Granular "A "; for residential drives -- 150 mm of 30 Mpa concrete with crushed limestone; and for commercial drives -- 200 mm of 30 Mpa concrete with crushed limestone. (f) Where existing driveway is brick or unit pavers — 300 mm minimum of Granular `B" and 150 mm of Granular "A" and 25 mm to 38 mm of limestone screening and match existing patterns. (g) All disturbed or damaged concrete structures, such as sidewalks, curbs and gutter, etc., shall be removed and replaced. ' (h) Prior to the expiration of the maintenance holdback, the contractor shall repair all settlements. Settlements of lawns, non -lawns or non - roadway areas shall be restored by applying sufficient topsoil to the settled area followed by an application of approved seed ' and mulch. Asphalt settlements shall be restored by milling the deficient area followed by the placement Hot Mix Asphalt (HMA). All repairs shall be in accordance with OPSS 570, OPSS 572, and OPSS 310. , Queen Street restoration to include 300mm Granular 'B',150mm Granular `A', and 40mm HL -4 and 40mm HL -3 complete with lap joints. 1 Highway 21/King Street restoration to include 450mm Granular `B', 150mm Granular `A', 1 and 80mm HL -4 and 40mm HL -3 complete with lap joints. NOTE • In (a) and (b) above, it will be the Contractor's responsibility to ensure a catch of grass at the termination of the contract. • All asphalt surfaces shall be saw -cut prior to resurfacing. • All concrete structures shall be saw -cut prior to replacement. CO ORDINATION OF WORK BY OTHERS The Contractor will co- ordinate his work with local utility companies for the installation of new underground ducts. When it is impossible to be working in the area at the same time, a barrier will have to be maintained to have separation in time and space between the contractor and the utility company. Where necessary, the contractor shall move the operation to another part of the contract and give the utility sufficient time to complete any work deemed necessary at that time during the contract. 1 PERMISSION TO ENTER BUILDINGS FOR WORK INSIDE THE BUILDING The Contractor shall notify the owner /tenant 24 hours prior to entering the premises to co- ordinate the time and work to make the sewer and water connections. 1 1 SP -3 1 COMPACTION OPSS 514 and 516 are amended to include the following: 514.07.10.03 and 516.07.09.01 — Bedding ' 514.07.10.04 — Cover 514.07.10.05 and 516.07.09.02 — Backfill ' The compaction requirements in the above paragraphs shall be revised to 100% for this project. All backfilling shall be placed in layers as specified in OPSS 514 and will be strictly enforced. ' The Contractor will be required to proof roll all areas of excavation prior to the placing of granulars for the roadbed, sidewalk and paved area. 1 ITEM NO. 1 CLEARING (TREES ALL SIZES) ' For the unit price bid, the Contractor shall cut down and remove each tree, including all wood, , branches, or debris. The wood shall be disposed of by the Contractor at his own expense or at a place approved by the Engineer at the time of construction. The Contractor shall be responsible for damage to all underground utilities, adjacent property, persons, etc. and shall make restitution for such damage to the satisfaction of the Engineer. This item shall apply to all trees shown for ' removal on the plans or designated at the time of construction. OPSS 201 will not apply to the size of the trees. 1 ITEM NO. 2 ' GRUBBING (STUMPS ALL SIZES) For the unit price bid, the Contractor shall completely remove all stumps and roots designated on t the plans or directed by the Engineer at the time of construction. The Contractor shall dispose of all stumps and debris at a site arranged by him at his own expense and approved by the Engineer. The Contractor shall be responsible for damage to all underground utilities, sidewalks, adjacent property, persons, etc. and shall make restitution for such damage to the satisfaction of the Engineer. OPSS 201 will not apply to the size of stumps. 1 ITEM NO. 3 GRANULAR "A" For the unit price bid, the Contractor shall supply to the site, place, fine grade and compact Granular "A" materials required in the roadway for roadbed, subdrains, shouldering, driveways, ' under the sidewalk and curb and gutter, which are applicable to this contract. All other Granular "A" or Granular `B" materials required shall be included in the unit prices bid for those items where material is required. 1 SP -4 ITEM NO. 4 1 HOT MIX MISCELLANEOUS General ' For the unit price bid, the Contractor shall supply all labour, equipment and materials, for the execution of paving work in accordance with OPSS 310 for Marshall mixes of Hot Mix Asphalt (HMA). The Contractor's unit p rice bid for this item shall also include all ramping, transverse joints, and /or removal of all transverse joints as directed by the Engineer. applicable, tack coating will be included and paid as a separate If pp g arate item in the contract. P P All asphalt plant operations shall comply with municipal regulations and ordinances governing 1 the area in which the plant is located. The Contractor will be required to submit a mix design for approval prior to commencing 1 the paving operations. Materials 1 Performance graded asphalt cement shall be PG 58 -28. The Performance Graded Asphalt Cement (PGAC) will conform to OPSS 1101 for the specified grade. Equipment OPSS 310 is amended in that automatic screed controls are not required. No surface trial coat area shall be required under this contract. Construction • Asphalt cement sampling and testing is not a requirement of the contract. 1 • The contractor is responsible for all Quality Control (QC) testing. The QC documentation shall be made available to the Engineer upon request. • Quality control testing are to be used for acceptance in place of Quality Assurance test results. • 450 mm stepped joints are required when placing HMA adjacent to existing paved areas with an existing asphalt depth of 100 mm or more. • Hot Mix Asphalt padding shall be placed prior to placing the surface course of asphalt. The tonnage required for HMA padding will be included with the appropriate HMA item. 1 1 1 SP -5 1 1 OPSS 310.07.11.04 Longitudinal and Transverse Joints is amended as follows: ' b. Where a surface course is placed flush against an existing HMA pavement, a stepped joint shall be prepared by removing the existing surface course to its full depth for a length of 0.5 m and the remaining depth shall be trimmed to form a straight vertical face (see Asphalt ' Joint Detail BMROSS 208). Removal of existing surface course shall be by means of burning out or a milling machine. ' Hot Mix Miscellaneous The Contractor shall also take note that he is to pave designated drives, boulevards and areas ' behind the curb as directed by the engineer. This hand laid asphalt will only apply to areas that, in the opinion of the Engineer, do not permit the operation of a paving machine. The supply of the HL -3 for these areas shall be included under the item for Hot Mix Miscellaneous. 1 Hot Mix Miscellaneous shall be measured in square metres. In areas where Hot Mix Miscellaneous is designated on the plans and more than one 50 mm lift of Hot Mix is required, 1 measurement for payment will be made as if two single courses of Hot Mix were required. ' ITEM NO. 5 RESTORING SIDEWALK SURFACES 1 For the unit price bid, the Contractor shall fine grade the existing surfaces and include water required for compaction and calcium for dust suppression. The Contractor shall fine grade and compact the sidewalk as directed by the Engineer at the time of construction. Part 1 Approximate area for restoring is 1260 square metres. ' Part 2 Approximate area for restoring is 3400 square metres excluding the Library Forecourt, Victoria 1 Park Entrance and the Quinn Plaza. ITEM NO. 6 REMOVAL OF BITUMINOUS PAVEMENT (OUTSIDE EXCAVATION) 1 For the unit price bid, the Contractor shall supply all labour and equipment to remove and dispose of bituminous pavement from those areas shown on the drawings or as directed by the Engineer at the time of construction. This item will only be used for removal of asphalt where the earth excavation item is not applicable and will include saw - cutting, if required. Disposal of asphalt shall be as outlined under the General SP- Disposal of Surplus Materials. 1 1 SP -6 ITEM NO. 7 1 RECONSTRUCT RADIUS AT BROADWAY ST. For the unit price bid the contractor shall supply all labour, equipment, and materials to reconstruct the northwest radius of Queen St. and Broadway St. The Contractor's unit price bid shall include: ' • Remove the existing concrete curb or curb and gutter as indicated on the contract drawings or as directed by the Engineer at the time of construction. The unit price bid shall include the 1 cost of saw cutting the existing asphalt pavement adjacent to the curb and gutter being removed. • Excavate for, and place 300mm of Granular `B' and 150mm of Granular `A'. • Supply and place concrete curb and gutter as per OPSS 353. Further to the requirements of 353.07.06, Joints, the Contractor, when placing concrete curb and gutter, by the extrusion method, shall saw -cut contraction joints in the hardened concrete within a sufficient time of placing of the curb and gutter to prevent uncontrolled cracking. The spacing of these joints shall be not more than 5.0 metres. • Restore the asphalt as per the General SP for Restoration. ' Disposal of material shall be as outlined under the General SP- Disposal of Surplus Materials. ITEM NO. 8 REMOVAL OF CONCRETE SIDEWALK AND DRIVES For the unit price bid, the Contractor shall supply all labour, equipment and material to remove the concrete sidewalks and drives as indicated on the contract drawings or as directed by the Engineer at the time of construction. When the existing sidewalk or drive is to be replaced as indicated on the contract drawings, the unit price bid shall also include the removal of an additional 125mm (min) of any non - granular material under the existing concrete. This additional depth is required for the placement of the Granular "A" base for the new concrete. The unit price bid shall include the saw cutting of existing concrete sidewalk or drive at the side I streets and private walks adjacent to the front of buildings. The Contractor shall be responsible for any damages to existing building fronts during the removal of existing sidewalks, where applicable. , Excavated material and concrete shall be disposed of as outlined under the General SP - Disposal of Surplus Materials. ' 1 SP -7 ITEM NO. 9 PLACE CONCRETE SIDEWALK AND DRIVES 1 For the unit price bid, the Contractor shall supply all labour and materials to place concrete sidewalks and drives where indicated on the drawings or designated by the Engineer at the time of construction. OPSS 351 is amended to include the following: 351.05.01 - Concrete - coarse aggregate shall be crushed limestone and the mix design shall be submitted to the Engineer for approval. ' 351.05.04 - Granular - the granular material shall be Granular "A ". 351.07.02.02 - Granular Base - the placement depth of Granular "A" shall be 125 mm minimum or to the same depth as the sidewalk or drive. ' 351.07.10 - Joints, all longitudinal and transverse joints shall be saw cut contraction joints in the hardened concrete within a sufficient time of placing the sidewalk. 351.10 - Basis of Payment - Granular "A" shall be paid under the item Granular "A" as 1 specified in OPSS 314. ' ITEM NO. 10 TOPSOIL (IMPORTED) 1 For the unit price bid, the Contractor shall fine grade to a uniform surface the areas to be topsoiled as indicated on the contract drawings or as designated by the Engineer at the time of construction. The topsoil shall be of good quality, subject to the Engineer's approval. The ' Contractor shall uniformly spread the topsoil to a depth of not less than 100 mm. The cost of fine grading, supplying, placing and raking the topsoil shall be included in the unit price bid. 1 ITEM NO. 11 SODDING (NURSERY, UNSTAKED) For the unit price bid, the nursery sod and water for sod shall be supplied and placed by the Contractor at locations designated by the Engineer at the time of construction. All sod shall meet the requirements current at the date of contract of the Ontario Sod Growers ' Association for No. 1 Bluegrass Fescue Sod and shall be cut to a minimum thickness of 19 mm. All sod shall be delivered to the site in good condition and placed in a manner satisfactory to the 1 Engineer. The sod shall be watered by the Contractor at his expense using approved equipment and in a manner that shall not erode, wash away, or damage the sod or topsoil. 1 1 1 SP -8 ITEM NO. 12 1 REMOVE PRECAST CONCRETE UNIT PAVERS For the unit price bid, the Contractor shall supply all labour, equipment and material to remove, salvage and re -lay the existing concrete unit pavers as indicated on the contract drawings or as directed by the Engineer. When relaying the unit pavers, the contractor will match the pre- construction pattern. Any additional pavers required shall be supplied by the Owner and any surplus pavers shall become the property of the Owner. Construction ' • Setting bed for the pavers to be 25mm of limestone screening, 1 • Joint filler to be a clean, sharp natural, fine masonry sand. • Sealer to be applied as per manufacturer's specifications. All materials required for setting bed, joint filler and sealer shall be included in the unit price bid for this item. All other work shall be in accordance with OPSS 355. 1 ITEM NO. 13 1 PLACE PRECAST CONCRETE UNIT PAVERS For the unit price bid the contractor shall supply all labour equipment and materials for the 1 complete installation of the unit pavers. The unit price bid shall include excavation. Granular base materials shall be paid for through the Granular `A' item. Removal and replacement of roadside signage shall be included in the unit price bid. Quality Assurance ' The work in this item shall be executed by a Contractor who has adequate facilities, equipment, and skilled supervisors and tradesmen to perform work expeditiously, and who is known to have 111 been responsible for satisfactory installations during a period of at least five (5) years. Basis of Payment , Part 1: Tiverton Unit paver schemes shall be paid by the square metre. Measurement shall be by the lineal metre multiplied by the cross - sectional width. Included in the lineal metre shall be banding along concrete sidewalks if applicable. 1 1 1 SP -9 1 Part 2: Kincardine a) Unit paver sidewalk shall be paid by the square metre. Measurement shall be by the lineal I metre multiplied by the cross - sectional width. Included in the lineal metre shall be banding along concrete sidewalks if applicable. b) Tree islands shall be paid by the square metre. I c) Unit paver utility strip shall be paid by the square metre. Measurement shall be by the lineal metre multiplied by the cross - sectional width. Included in the lineal metre shall be banding along concrete sidewalks if applicable. I d) Piper's Plaza shall be a lump sum item. The limits of the Piper Plaza shall extend from North Durham Market to the end of the Tartan Banding and eastward on North Durham Market to match existing. The utility strip and typical unit paver sidewalk shall be measured I by the square metre and paid for through the appropriate items. Removal of existing concrete sidewalk and unit pavers shall be measured by the square metre and paid for through appropriate items. Concrete ramping at the intersection shall be paid for through the concrete I item. e) The Library Forecourt shall be a lump sum item. The limits of the Library Forecourt shall extend from the south face of Gilbert's Jewellery (Sta. 1 +057 + / -) to North Durham Market I and from the utility strip to the face of the structure. The utility strip shall be paid for under the appropriate item. Removal of existing concrete sidewalk and unit pavers shall be measured by the square metre and paid for through appropriate items. Concrete ramping at I the intersection shall be paid for through the concrete item. f) The Quinn Plaza shall be a provisional lump sum item. The limits of the Quinn Plaza shall include all detail east of the existing concrete sidewalk. Removal of existing concrete and 1 asphalt shall be measured by the square metre and be paid for under the appropriate items. 1 GENERAL Description I This section specifies the supply and installation of precast concrete unit avers (interlocking p ( g paving stone). I References 1 CAN3- A231.2 -M85 Precast Concrete Pavers. ASTM D698 -78 Test Methods for Moisture - Density Relations of Soils and Soil- Aggregate I Mixtures, using 2.49 kg Rammer and 304.8 mm drop. CSA A23.1- 94/A23.2 -94 setting bed sand. CSA- A179 -94 Joint Sand. OPSS 1010.05 Granular "A" base. 1 Submittals Submit sample of each type of paving unit prior to installation. \ i i I All required paving stones are to be supplied from the same production run to ensure uniform colour throughout paved area. 1 SP -10 Product Delivery, Storage and Handling All paving stones are to be delivered and stored on site on wooden pallets in location approved by Landscape Architect. Protect paving stone against damage and adverse conditions while in storage. 1 Remove and replace, at no extra cost, all damaged, cracked, chipped or broken paving stones. Store sand on site in location approved by Landscape Architect. Various types of sand to be kept pp Y p separate in separate locations. Inspection Stake out paving locations and place stakes indicating proposed grades. Obtain approval of 1 Landscape Architects before proceeding. Obtain approval of the paving base from the Landscape Architect before proceeding. 1 Protection Prevent damage to trees, fences, curbs, roads and adjacent property. Make good any damage. PRODUCTS 1 Materials Unit Pavers: uniform in material, colour, size and from Oaks Concrete Products Limited 1 -877- 494 -6645 or approved equal, to CAN3- A231.2. Paving stone types and colours as per contract drawings. Unit Paving schemes /patterns as shown on plan and details. Limestone screenings:, crushed limestone products composed of 50% limestone dust and the balance composed of an even spread of particles up to 6 mm maximum size. 1 Bedding Sand: a sharp, angular, hard, durable, granular, natural sand, consisting of fine and coarse particles, free from clay lumps, cementation, organic material, frozen material and all other deleterious materials, and conforming to CSA A23.1- 94/A23.2 -94. Granular Base: Granular "A ", conforming to OPSS 1010.05. 1 Joint filler: A clean sharp, fine sand, free of deleterious material, conforming to CSA- A179 -94 or polymeric sand joint filler as supplied by Oaks or approved equivalent, as per details. 1 PVC Edge: Pave Edge as supplied by Oaks or approved equivalent. 1 1 SP -11 1 EXECUTION 1 Subgrade Ensure that subgrade preparation conforms to levels and compaction required to allow for I installation of granular base. Ensure finished subgrade is smooth and even. Granular Base I Spread and compact granular "A" in uniform layers not exceeding 100 mm compacted thickness. Compact to 100% S.P.D.D. as per details. I Shape and roll alternately to obtain a smooth, even and uniformly compacted granular base and ensure conformity of grades with finished surface. I Apply water as necessary during compaction to obtain specified density. If granular base is excessively moist, aerate by scarifying with suitable equipment until moisture content is corrected. I In areas not accessible to rolling equipment, compact to specified density with approved mechanical tampers. I Ensure top of granular base does not exceed plus or minus 109 mm of finished grade less combined thickness of granular laying course plus surface course. I Maintain all edges straight and uniform with continuous smooth curves to radii indicated. 1 Granular materials shall be placed in layers prior to compacting in accordance with the amended OPSS 514, as outlined under the General SP - Compaction. 1 Installation Place sand as setting bed material to thickness indicated. Spread evenly over prepared base. 1 Avoid mixing with granular base material. Ensure setting bed is dry (4 -8% moisture content) prior to placement of unit pavers. Screed 1 setting bed to obtain a smooth surface, free of irregularities, and parallel to the finished grade. Install unit paving true to grade, in location, layout and patterns as indicated. I Use edge stones as required and unit paver edge material as per details and ensure a tight butt joint between all stones. I Where required, cut units accurately with a concrete saw, without damaging edges. Cut to provide a clean, finished edge, flush and tune with adjacent structures or materials. 1 SP -12 Tamp down and level pavers with mechanical plate vibrator on minimum 19 mm thick plywood 1 until pavers are true to grade and free of movement. Fill spaces between pavers by sweeping in joint sand in several directions until all joints are full. 1 Pass mechanical plate vibrator on sand cushion over surface course to achieve compaction of sand in joints. Replace, at no extra cost, all broken or chipped stones and all cut stones marked by the Landscape Architect as unacceptable. Surface of finished pavement to be smooth and even throughout, free from irregularities and depressions exceeding 3 mm as measured with 3 m straight edge. Sweep surface course clean. 1 Edging Where edge of paving abuts a soft surface (lawn or planting bed) install complete PVC edge as per detail. Adjust location of edge to suit installation of full stone. 1 ITEM NO. 14 -15 WATERMAIN INSTALLATION Work Plan Prior to site activities, the Contractor shall submit a Work Plan for review by the Engineer. The Work Plan shall provide the following construction details: • n prevention procedures and equipment cross- connectio p p • disinfection details o the review and approval The Contractor shall allow two weeks for e pp roval of the Work Plan. No site work shall proceed until the Work Plan has been approved by the Engineer. The Work Plan shall 1 be submitted no later than at the pre- construction meeting. Watermain Construction and Materials The Contractor shall obtain the approval of the Operating Authority of the proposed disruption of service to make all connections to the existing distribution system. The watermain construction shall be staged so as to minimize water service distribution to residences. Property owners shall be informed by the Contractor a minimum of 24 hours in advance, as to when these disruptions will occur. 1 1 1 SP -13 1 Only authorized Operating Authority personnel shall operate valves on existing watermains for the purpose of controlling water. No person other than the authorized Operating Authority personnel shall shut down or charge any section of existing watermain or operate any valve for the purpose of controlling water from existing watermains. ' The Contractor shall provide the Operating Authority at least 48 hours advance notice when a change in control of the water is required. All necessary water supply interruptions shall be scheduled in co- operation with the local operating authority. The Contractor shall operate only those valves, hydrants and curb stops installed in their contract during the construction period and prior to the date of acceptance of the Contractor's work. After the works are accepted, only the local operating authority may operate the system. The unit price bid for each item shall include all costs incurred in excavating for, placing, anchoring and blocking, connecting, testing, flushing and disinfecting all watermain and fittings, as outlined in OPSS 701 and restoration outside general grading operations. The unit price bid per lineal metre shall include the cost of all granular bedding and backfill up to subgrade and restoration of trenches as outlined under the General SP — Restoration for Hwy. 21 in Tiverton and Queen St. in Kincardine. All costs of compaction and water shall be borne by the Contractor. Materials All materials for watermains, valves, valve boxes, etc., shall be supplied by the Contractor. No substitutes without Operating Authority approval or the approval of the Operating Authority. Services - Min. 19 mm, Max. 50 mm • Corporation stops — Mueller, C.C. thread inlet/ compression joint outlet. • Curb Stop — Mueller, compression joint inlet/ compression joint outlet or approved equivalent. ' • Pipe - to be 19 mm and 25 mm Type "K" copper tubing and 32mm Series 160 Polyethylene PE tubing. Compression joint connections for PE service pipe requires a stainless steel tube liner with a fluted end as supplied by the corporation stop and curb stop manufacturer. ' • Service Boxes — Model No. D -1 by Concord -Clow or Mueller equivalent. Service box and stem (1.4 m to 1.7 m) with 25 mm dia. steel upper section. Box lids shall be regular ribbed with brass pentagon plus c/w standard stationary rod. • Service saddles — Model No. 2616 by Robar Industries Inc., stainless steel, double bolted, broad band. • Ground hydrants - Ground hydrant to be Zurn Inground Hydrant Model Z -1360 as manufactured by Zurn Industries 905- 405 -8272. Zurn Z- 1360- HD- RK- 5 -6 -17 encased, non- freeze hydrant, for flush with grade or finished (non- traffic) floor installation, complete with ' bronze casting, all bronze interior parts, bronze seat and replaceable seat washer, non - turning operating rod with free - floating compression closure valve with 3/4" connection. Plan bronze box and scoriated cover with operating key lock. Hydrant is equipped with a tapped ' 1/4" drain port in valve housing. Six (6) keys are to be included for each. Depth of bury to be 4' (1200). 1 SP -14 Underground service line valves and fittings shall be in accordance with AWWA C800. Model numbers shall be stamped on all valves and materials. 1 Anodes for Cathodic Protection For the unit price bid for the watermain and fittings, the Contractor shall supply and install anodes for cathodic protection. Zinc anodes shall be supplied for installation on ductile iron and steel valves, fittings, hydrants, services, and on ductile iron pipe. 1 Anodes shall consist of a zinc casting, conforming to ASTM B418 -73 Type II, with a galvanized steel core, packaged in a cardboard or cloth bag of minimum diameter of 100 mm. The backfill 1 material shall consist of a gypsum/bentonite material having an electrical resistivity of less than 50 ohm/cm wet. An insulated copper wire, 2 m minimum length, shall be brazed to the core wire. Duratron Model DZ- P- 550 -12, or approved equal. 1 Anodes shall be supplied in sizes of 2.3, 5.5 and 11.0 kg to provide installation as detailed. Packaged zinc in anodes are to be installed with all new watermains as follows: Watermain Sizes Anode Spacing/Requirements 1 100 -150 mm dia. D.I. 5.5 kg anode per pipe length and fitting 200 -250 mm dia. D.I. 5.5 kg anode per pipe length and fitting Each copper service 5.5 kg anode per each Hydrants 2 -5.5 kg anode per each (see hydrant standard drawing 1105.01) Steel pipe encasement 2 -11.0 kg anode, one at each end Sacrificial zinc nuts are acceptable for buried ductile iron fittings and shall be of the protecto -cap 1 type and installed on each bolt. Excavation 1 All excavated material not required for backfill shall be disposed of as outlined under the I General SP - Disposal of Materials. The cost of this work shall be included in the bid per metre of watermain. Bedding and Backfill 1 Bedding shall be Class B as per OPSD 802.030, 802.031, 802.032, 802.033 or 802.034 for rigid pipe and whichever soil type is applicable. Bedding shall be as per OPSD 802.010, 802.013, or 802.014 for flexible pipe for whichever soil type is applicable. 1 SP -15 1 Bedding material shall be Granular "A ". Cover material shall be approved granular material or select native granular material to 300 mm above the top of pipe. 1 Backfill shall be approved select native granular material compacted to a minimum dry density of 95% or granular material compacted to a minimum dry density of 100 %. 1 The unit price bid shall include the cost of all granular bedding, cover material and the backfilling noted herein. 1 All bedding, cover and backfill material shall be placed in layers prior to compacting in accordance with OPSS 514.07.10. Compaction shall be done using a "Hoepac" type compaction 1 unit. All excavated material not required for backfill shall be disposed as outlined under the General SP - Disposal of Surplus Materials. The cost of this work shall be included in the unit price bid. Installation of Services For the unit price bid per each, the Contractor shall include the cost of tapping the main, installing saddles where applicable, corporation stops and yard hydrants, including all 1 connections to new and existing mains and services. For the unit price bid per lineal metre, the Contractor shall include the cost of installing water 1 service tubing by means of trenching and /or boring. All service shall be installed to a depth of not less than 1.5 m. All servicing tubing shall be superchlorinated in the presence of the Engineer before connection to service materials. The Contractor shall provide 48 hours notice before making these connections. At each service location, the Contractor shall rovide service tubing extensions extending above p g g the ground surface to accommodate flushing of the services following the disinfection 1 operations. For the unit price bid, the contractor shall backfill the new water services during testing and disinfecting where conditions warrant (i.e. drives, commercial areas, etc.) or as directed by the Engineer at the time of construction. The unit price will also include the excavation to allow the ' connection of the new service to the existing service. All excavation and backfilling shall be in accordance with OPSS 206 and OPSS 514. ' The unit price bid shall include all restoration beyond the general grading limits. Restoration shall be as outlined under the General SP - Restoration. ' Testing, Flushing and Disinfection of New Services to be Connected to Existing Main The Contractor shall supply all labour, equipment and material for the testing, flushing and 1 disinfection of the services in accordance with AWWA C651 -99 and the following. 11 SP -16 The tubing and fittings shall be cleaned and disinfected with a 1% (10,000 mg /L) solution of sodium hypochlorite or equivalent method and the service flushed until two consecutive chlorine residual tests of 0.75 to 1.0 mg /L as free chlorine are achieved, before connecting to the existing main. ITEM NO. 16 SUPPLY AND INSTALL DIRECTED BURIED 50mm TYPE 2 PVC CONDUIT FOR WIRING TO STREET LIGHTING Supply and install 50mm PVC conduit from the local hydro power poles and junction boxes to the street lighting poles and between street lighting poles for street lighting wiring, including all necessary trenching and backfilling. Rigid PVC conduit, 50 mm diameter, shall be provided on the poles. All PVC conduit shall be installed in an envelope of 150 mm fine sand, above and below the conduits. The conduits shall be installed at a depth of one metre and in accordance with OPSS 603 for road crossings and 600 mm depth below finished sidewalk grade. 1 ITEM NO. 17 SUPPLY AND INSTALL POWER AND GROUND CONDUCTORS IN PVC CONDUIT PIPE FOR STREET LIGHTING 111 For the unit price bid, the contractor shall supply all labour, equipment and material to install the power and ground conductors as detailed on the electrical drawings. The contractor shall leave sufficient cable at the hydro poles or junction boxes for the hydro terminations on their poles and shall protect and make safe the cables at the local hydro junction boxes. The contractor shall co- ordinate the wiring installation with the local hydro company ITEM NO. 18 GROUND RODS FOR LOAD CENTRE A galvanized steel ground rod, 3 M 2 19 mm diameter, complete with ground clamp, shall be installed at every other pole or junction box. A #6 stranded copper conductor shall be installed in 19 mm PVC conduit or polyethylene in the pole footing and connected to the ground rod clamp and to the ground stud in the pole hand hole in accordance with OPSD 2255.02 and OPSS 609. Grounding shall be approved by the Hydro Inspection Department. 1 ITEM NO. 19 PRECAST CONCRETE IN- GROUND JUNCTION BOX ' For interconnection between the power supply from the local hydro company to the street lighting, provide and install in- ground junction boxes where shown on the drawings. Exact locations will be determined on -site. r 1 SP -17 1 Junction boxes shall be 6000 psi reinforced concrete size 781 mm (30 3 /4 ") x 454 mm (17 13/16 ") x 341 (15 ") deep. Reinforcing shall be 4" x 4" square #6 mesh. Cover shall be 775 mm (30 %z ") I x 448 mm (17 5/8 ") galvanized steel checkplate complete with 4 3/8" stainless steel bolts c/w stainless steel fender washers. Junction boxes shall be Jesstec Industries Inc. "Concrete Handwell Cat. No. J1830 -2, or equivalent. Top of box shall be securely installed level with I ground, interlocking blocks or sidewalk. Provide waterproof connections of cables in the junction boxes. ITEM NO. 20 I INSTALL STREET LIGHTING LUMINAIRES AND POLES For the unit price bid, the contractor shall install Type "A ", Type `B ", Type "C" and Type "D" I street lighting luminaires and octagonal fluted, concrete poles. The Contractor shall also install bollard style lighting at the Library Forecourt. The contractor shall supply all labour, equipment and materials not supplied by the Municipality. Wiring up the poles, fusing and connections at I hand holes shall be as shown on the electrical detail drawings. The existing power supply form the Library is to be utilized for the bollard installations. I The poles shall be have a bury depth of 1.52m below finished grade. Mounting of fixtures shall be as follows: I • Type "A" and Type "C ": Post top mounting on tenon. Lamp mounting height of 4.57m • Type "B" and Type "D ": Install brackets on wooden utility poles. Bracket supplied by 1 Municipality to be, Lumec WPB or WPBB, CRA style arm. Fixture to be mounted on top of arm. Type "B" bracket to be mounted to allow 5.2metres clear to underside of arm, above finished grade. Type "D" bracket to be mounted to allow a mounting height of 4.57 metres. I • Type "E ": Post top mounting. Lamp mounting on traffic signal poles. • Type "F ": Post top mounting. Lamp to be mounted on pedestrian crosswalk poles. I • Non - Luminous Bollards: Install the BOR80 style bollard as manufactured by Lumec. The contractor shall supply and install fusing in hand hole per electrical details. I The contractor shall supply and install conductors up the pole and terminate at the luminaires, receptacle and hand hole for proper operation per electrical details. 1 The unit price bid shall include Megger and test cables prior to making connections as well as energizing and testing of the system for proper operation. 1 Note: Luminaire and pole suppliers and expected delivery dates will be provided to Contractors, by addendum, prior to the time for the closing of tenders. 1 1 SP -18 Materials Supplied by the Municipality The Contractor shall note that the Municipality of Kincardine shall supply the following materials: • Type "A ": (Kincardine) Lumec- Ancestra Series — Model AT40 -CPT — Optical System SHA, Colour Black — BKTX, Type III, or appropriate distribution, house side shields, Polycarbonate lenses, Pulse start, 175 Metal Halide lamps, CWA pulse start ballast, 220 total luminaire input watts, and 120 volt power supply, Voltage range +/- 5 %. 1 • Type "B ": (Kincardine) Lumec- Ancestra Series — Model AT40 -CPT — Optical System SHA, Colour Black — BKTX, Type III, or appropriate distribution, house side shields, 1 Polycarbonate lenses, Pulse start, 175 Metal Halide lamps, CWA pulse start ballast, 220 total luminaire input watts, and 120 volt power supply, Voltage range +/- 5 %. • TYPE "C": (Tiverton Lumec- Ancestra Series — Model AT40 -CPT — Optical System SHA, Colour Black — BKTX, Type III, or appropriate distribution, house side shields, Polycarbonate lenses, Pulse start, 100W High Pressure Sodium lamps, Lag type, high 1 reactance autotransformer, high power factor ballast, 128 total luminaire input watts, and 120 volt power supply, Voltage range +/- 5 %. • TYPE "D" (Tiverton) Lumec- Ancestra Series — Model AT40 -CPT — Optical System SHA, Colour Black — BKTX, Type III, or appropriate distribution, house side shields, Polycarbonate lenses, Pulse start, 100W High Pressure Sodium lamps, Lag type, high reactance autotransformer, high power factor ballast, 128 total luminaire input watts, and 120 volt power supply, Voltage range +/- 5 %. • Lumec Bollards: Model number: 100MH BOR80 GL -O 240 BK -TX FS- PI17-VPA. • Poles shall be USI "Grandview" complete with 2 banner arms, pot holders, with a 20 amp — 1 120 volt weatherproof duplex G.F.I. receptacle complete with spring loaded, aluminium, weatherproof cover to be supplied with the pole and a 20amp, 120 volt fuse holder and hand hole. The materials supplied by the Municipality are stored at the Suppliers yard and will be delivered to the site upon request. The Contractor shall allow four weeks for delivery of materials after requesting shipment. The Contract Administrator shall notify the Supplier. ITEM NO. 21 SUPPLY AND INSTALL POWER STREET LIGHT LOAD CENTRE CONTROL FOR STREET LIGHTING For the lump sum price bid, the Contractor shall supply all labour, equipment and material for the complete installation of Power Street Light Load Centre Controls, including testing and inspection. SP -19 1 The unit shall be a dead front design, lockable NEMA 3R Enclosure, paint grey. Entire assembly to be CSA or ULC approved or provide ESA Special inspection. Maximum I dimensions 48 "H x 36 "W x 18" D. Cabinet to be surface mounted on concrete base. Cabinet as manufactured by B &M Group, Mitchell. I The unit price bid shall also include providing the power supply from the identified utility pole, the concrete base and granular materials. For Load Centre Control - L1, the unit price bid shall include 4 -200mm dia. steel pipe bollards filled with concrete as protection. 1 ITEM NO. 22 REMOVE AND SALVAGE EXISTING ELECTRICAL EQUIPMENT I For the unit price bid, the contractor shall supply all labour, equipment and materials to remove and salvage the existing light standards or fixtures as shown on the contract drawings. The unit price bid shall include placing Granular `A' material in the void, compaction and delivery of the 1 salvaged materials to the Municipal Works Yard. ITEM NO. 23 RELOCATE COMMERCIAL SIGNS (PROVISIONAL) For the unit rice bid, the Contractor shall supply all labour, material and equipment for the p pp Y 1 relocation of the existing commercial sign at the Quinn Plaza. The unit price bid shall include the complete removal of the existing concrete base, place and compact Granular `A' material in the void, install the new concrete base at the new location and re- install the commercial sign. 1 The concrete base shall be as per the concrete base detail for the sign. The Contractor shall re -route the existing conduit and replace the existing wiring back to the first junction. The existing controls are to be re -used. 1 ITEM NO. 24 & 25 RELOCATION OF EXISTING TRAFFIC SIGNAL EQUIPMENT I For the lump sum price bid, the Contractor shall supply all labour, equipment and material to P p pp Y relocate the existing traffic signal equipment to new poles at the same location, as detailed on the 1 drawings, outlined in the specifications and as directed by the Engineer. I A. General The work in this contract shall include the following: 1 • Provide temporary stop signs (4 way) during shutdown of signals. • Removal of existing traffic signal equipment for reuse. I • Removal of existing traffic signal poles and salvage. • Placing of concrete bases and steel poles. • Supply and placing of reinforcing steel to anchor bolts as shown on pole base detail. I • Reinstallation of existing traffic signals, and all other equipment. • Restoration of all concrete, curb and gutter and asphalt. • Supply and installation of conduit, all wiring, connections and other related work as required. • Junction boxes shall be paid under the unit price bid for that item. I • Test and activate. 1 SP -20 B. Materials All materials shown on the accompanying lists shall be supplied by the Contractor. All other materials not listed, including wiring, fuses, fittings, backfill and restoration material shall also be included. All material and installation shall conform to OPSS (see following list). Poles — Supplied by the Municipality and shall be paid under the unit price for pole installation. 1 Material List Equipment supplied by the Contractor Queen Street at Durham Street Intersection 1 Quantity Description 4 Pedestrian pushbutton 4 Pedestrian direction plate Queen Street at Lambton Street 1 Quantity Description 8 Spring cushion hanger 8 Mast arms as per pole schedule 4 Pedestrian pushbutton 4 Pedestrian direction plate 8 Pedestrian arm brackets conductor #14 and 4 conductor #18 traffic signal Specs nal cable to OPS S Signal Cable - to be 19 cond g P riser cable 5 conductor #14 T.S.C. to O.P.S. Specs Conduit - 75 mm DB2 1 1 1 1 SP -21 OPSS 1 Spec. No. Title 106 Electrical Work - General 602 The installation of electrical manholes and underground junction boxes 603 The installation of underground ducts 604 Cable installation 609 Grounding 614 Power supply equipment 615 Pole erection 616 Concrete footings and concrete pads for electrical equipment 620 Traffic signal equipment 622 The installation of traffic signal controllers 623 The installation of traffic actuation equipment 631 Construction specification for concrete footings of high mast poles Restoration 1 See drawings and restoration requirements as outlined under the General SP — Restoration, where applicable. 1 ITEM NO. 26 I INSTALLATION OF PEDESTRIAN INTERSECTION SIGNALS, INCLUDING RESTORATION A. General The work in this contract shall include the following: • Supply and installation of pedestrian signals and all other equipment. • Removal of existing traffic signal equipment for reuse. • Removal of existing traffic signal poles and salvage. • Supply and installation of conduit, junction boxes, all wiring, connections and other related work including future conduit for underground installation. • Supply and installation of aerial wiring. • Reconnection of power supply control and power supply conduit. • Set timing controls, switches or programming controls. • Test and activate. 1 SP -22 B. Materials t All materials shown on the accompanying lists shall be supplied by the Contractor. All other materials not listed, including wiring, fuses, fittings, backfill and restoration material shall also be included. All material and installation shall conform to OPSS (see following list). I Materials List I Poles — Supplied by the Municipality and shall be paid under the unit price for pole installation. Equipment supplied by the Contractor. 1 Quantity Description 1 2 Cushion hangers 2 Mast arms as per pole schedule 1 Pedestrian X -Walk 2 Pedestrian pushbutton 2 Pedestrian direction plate 1 Pedestrian arm brackets Signal Cable - to be 7 conductor #14 traffic signal cable to O.P.S. Specs I - riser cable 4 conductor #14 T.S.C. to O.P.S. Specs O.P.S.S. 1 Date Spec. No. Title 1 106 Electrical Work — General 602 The installation of electrical manholes and underground junction boxes 603 The installation of underground ducts 604 Cable installation 609 Grounding 614 Power supply equipment 615 Pole erection I 616 Concrete footings and concrete pads for electrical equipment 620 Traffic signal equipment 622 The installation of traffic signal controllers ' 631 Construction specification for concrete footings of high mast poles 1 1 1 1 SP -23 ITEM NO. 27 SUPPLY AND INSTALL DIRECTED BURIED 75mm TYPE 2 PVC CONDUIT FOR ' TRAFFIC SIGNALS AND PEDESTRIAN CROSS WALK For the unit price bid, the contractor shall supply all labour, equipment and material for the complete installation of 75mm PVC conduit between poles and junction boxes for signal wiring, including all necessary trenching and backfilling and restoration. ' All PVC conduit shall be installed in an envelope of 150 mm fine sand, above and below the conduits. The conduits shall be installed at a depth of one metre and in accordance with OPSS 603 for road crossings and 600 mm depth below finished sidewalk grade. 1 ITEM NO. 28 EXCAVATE FOR AND PLANT TREES, SHRUBS AND GROUND COVERS For the unit price bid, the Contractor shall supply all labour and equipment for the complete installation of the streetscape planting. QUALITY ASSURANCE ' The work in this section shall be executed by a Contractor who has adequate facilities, equipment, and skilled supervisors and tradesmen to perform work expeditiously, and who is 1 known to have been responsible for satisfactory installations during a period of at least five (5) years. SOURCE QUALITY CONTROL Plant Material: • Make arrangements for prior inspection and approval of plant stock by the Landscape Architect at the source of supply, at a time mutually agreed upon. 1 • Prior approval shall not invalidate rejection of stock at their inspections, should it prove deficient or damaged due to transport or other occurrences. • All plant material shall be in grown in climate conditions similar to those of the 1 installation site. Topsoil Admixtures: • Work specified in this section shall include testing of topsoil admixtures, if requested by Owner, prior to commencement of work. 1 1 1 1 SP -24 MATERIAL DELIVERY, STORAGE, AND HANDLING 1 • Label the manufactured, processed or otherwise prepared materials which are packaged to indicate manufacturer, contents, weight, and a detailed description of the material. If delivered in bulk, submit affidavits as specified for labels, certifying that the materials meet specified requirements. 1 • Store and protect fertilizer, bone -meal, mulching material, and other admixtures to prevent damage from moisture or contamination. 1 • Coordinate shipping of plants and the planting operations, to ensure minimum time lapse between digging and planting. 1 • Protect plant material from abrasion, exposure, and extreme temperature change during transit. • Shrubs and trees which cannot be planted immediately after delivery shall be heeled -in, in a shaded area, and kept moist as appropriate for each species. INTERIM MAINTENANCE 1 • The Contractor shall be responsible for interim maintenance of plant material up to the point of Final Acceptance and client maintenance take -over, and such maintenance shall be considered part of the installation work. • The Contractor must immediately replace all dead or dying plants during the guarantee 1 period, as required by Owner. Replacement of plants only at the end of the guarantee period will not be acceptable. • This interim maintenance in regard to new planting shall consist of: - Pruning, watering, fertilizing, cultivating, weeding, mulching, tightening and 1 repairing of guys, resetting plants to proper grades or upright position, restoration of planting saucer, furnishing, and application of such sprays and protective barriers are necessary to keep plants free of insects, rodents, diseases, and such maintenance as required at the direction of the Owner. - Keeping soil within confines of planting saucer around trees which are not in planting bed areas, and keeping planting beds shallowly cultivated and free of weeds; do not cultivate areas where groundcover is becoming established. 1 - Adding commercial fertilizer 10 -10 -10 according to the manufacturer's instructions at the end of the interim maintenance period. r 1 1 1 SP -25 ACCEPTANCE • Preliminary Acceptance shall be given at the end of the 45 -day lien period to all material showing well developed foliage, healthy growth, and bud forming at the time of inspection. This also included related materials and execution as specified herein. • Final acceptance shall be given to all plant material meeting the same conditions as Preliminary Acceptance, one year after Preliminary Acceptance has been granted. ' GUARANTEE • The Contractor shall be required to guarantee all work and plants specified in section of the contract, twelve (12) months from the date of written Preliminary Acceptance of the work by the Owner. The plants shall be in a healthy growing condition by the end of the 1 guarantee period. Plants with dead or dying branches, which in the opinion of the Owner are sufficient to detract from the character and form of the plant, will not be accepted. Replacements required at the end of the guarantee period shall be plants of the same kind and size as shown in the plant list and on the drawings, furnished and planted as specified in the contract documents. The cost of replacement shall be the responsibility of the Contractor. 1 • Reinstatement to the original condition of all material disturbed or removed in the replacement procedure, or damaged by his workmen, shall be the responsibility of the Contractor at his own expense. Replacement plants shall be subject to his guarantee 1 requirement. JOB CONDITIONS • Installations of work of this section shall be done during suitable weather conditions and growth season for each specified material, and as approved by the Landscape Architect. MATERIALS TOPSOIL • Shall be imported topsoil as supplied by a local, reputable supplier refer to Section 02921 Topsoil & Finish Grading. MULCH • Shall be shredded bark mulch with chips ranging in size from 25 to 50 mm in diameter. WATER • Potable 1 1 1 SP -26 TREE PROTECTION MATERIALS AND RODENT CONTROL 1 • Deciduous tree trunks of caliper size shall be protected with cardboard sleeves or approved equal during transport and installation. Burlap wrap will not be permitted. PLANT MATERIAL • Quality and source: - Comply with the latest Guide Specification for Nursery Stock, published by the Canadian Nursery Trades Association, referring to size and development of plant material and root -ball. Measure plants when branches are in their natural position. Height and spread dimensions refer to main body of plant and from branch tip and branch tip. Measure caliper 300mm above ground level. Use plant materials of No. 1 grade. The Contractor shall, 1 at the discretion of the Owner, be required to submit affidavits that plant materials are of No. 1 grade only. - Label each p lant to typ e, grade, and size. - Use trees and shrubs that are structurally sound, with strong fibrous root system free 1 of disease, insects, defects, or injuries. Use trees with straight stems well and characteristically branches for species and as specified on the plant lists. Plants must have been transplanted or root pruned regularly, but not later than nine months prior to arrival on site. • Container Stock 1 - Container grown stock is acceptable if containers were large enough for root development. Trees and shrubs must have grown in container for minimum of one growing season, but not longer than two. Root system must be able to hold soil when removed from container. Plants that have been root -bound are not acceptable. Container stock must have been fertilized with slow release fertilizer. EXECUTION 1 EXAMINATION • Examine the site before commencement of work, and inform the Landscape Architect if 1 site conditions will not permit completion of work as specified in this section. • Ensure that sub -grade preparation and drainage are satisfactory for continuing 1 maintenance and growth of materials specified in this section. WORKMANSHIP 1 • Coordinate operations. Keep site clean and planting holes drained. 1 1 1 SP -27 PREPARATION ' • Sub -grade for planting beds and tree pits: • Scarify subsoil below root -ball to the depth and width shown on planting details. 1 • Location of trees: - Stake out all tree locations and planting beds, and obtain the Landscape Architect's approval before excavating. Cooperate with the Landscape Architect where minor adjustments to such locations are necessary. The proposed location of trees and plants on drawings is approximate only and may require adjustment due to site conditions. 1 • Excavation for trees and planting beds: - Excavate planting pits for trees as detailed, unless otherwise shown on drawings. Minimum diameter of pits to be 600 mm larger than the root -ball diameter for all trees. ' - Excavate planting beds to minimum depth of 400 mm, unless shown otherwise on drawings. 1 - Backfilling for planting beds and trees: Add bone -meal to the soil mixture at the rate of 0.6 kg/m —� Mix topsoil, peat -moss, and other additives thoroughly on site, not more than two days before backfilling. Do not mix or backfill when soil mixture is in a muddy or frozen condition. 1 -' Backfill to a height above finished grade sufficient to allow for, natural settlement, or as more specifically shown on the planting details. 1 Backfill soil mixture in layers not exceeding 150 mm in depth. Tamp each layer firmly before placing subsequent layers. 1 Rake soil mix smooth to indicated finish grade levels. 1 - Compact soil mix by rolling to a consistent Standard Proctor Density of 80 %- 85%, or as directed by the Landscape Architect. -4 Finish grades to a smooth, loose- textured surface free of depressions and stones, roots, branches, and similar natural materials larger than 50 mm. Remove all materials of an unnatural kind, and concentrated accumulations of gravel. 1 1 1 SP -28 PLANTING TIME 1 • Provide the Landscape Architect with a planting schedule. Extending planting operations over a long period, using a limited crew, will not be acceptable. • Ensure that watering facilities are available. Use anti - desiccant when planting during heat of summer only as directed by the Landscape Architect. Contractor shall not assume that water for plant materials is available on site. • Plant only under conditions that are conducive to the health and best physical conditions of plant material. INSTALLATION • Plants and trees: 1 - Plant during suitable weather conditions, according to locally accepted practice, and with the Landscape Architect's approval. Set plumb in the centre of the pit at the 1 same relation to grade as originally shown, after settlement has taken place. - Plant trees and shrubs vertically and faced to give best appearance in relation to 1 primary visual experience. - Set plants in partly filled pits or beds of soil mixture, allowing at least 150 mm of soil 1 mixture under each plant. Remove all ropes, wires, etc., and pull burlap away from top of root -ball. Constantly tamp soil around root -ball to eliminate air pockets. Soak soil mixture thoroughly with water when hole is filled half way. Fill hole completely, leaving a shallow saucer directly over the root -ball, and slightly smaller in diameter than the excavation. Allow enough soil mix to anticipate settling to the specified depth and finish grade. Water trees and planting beds thoroughly immediately after planting. Apply specified mulch. - Ensure that the top of the root -ball of caliper sized trees and coniferous trees are 150 mm above surrounding finished grade. • Pruning: 1 - Prune only as necessary to remove dead, broken, or diseased branches. Preserve the natural form and character of plants. - Use only sharp, clean tools and make cuts almost flush without leaving stubs. Trace back to living tissue all cuts, bruises, and scars on the bark. • Spraying: - Spray plants with anti - desiccant only when approved by the Landscape Architect. 1 1 1 1 SP -29 1 • Mulching: ' - Obtain the Landscape Architect's approval of planting before mulching material is applied. Loosen soil in planting beds and pits and remove all debris and weeds. Spread mulch to minimum acceptable thickness as specified. Mulch material susceptible to blowing must be moistened and mixed with small amount of topsoil before applying. When mulch is applied in the fall, place immediately after planting. When mulch is applied in spring, wait until soil has warmed up. • Rodent protection: - Apply "Scoot" rodent repellent to all plant materials as directed by the Landscape Architect. ADJUSTMENTS AND REPLACEMENTS • At the time of Final Acceptance at project completion, and again at termination of the guarantee period, work of this section will be inspected by the Landscape Architect, and adjustments and replacements shall be made under work of this section in accordance 1 with the following sections. • Commencement of the guarantee period is predicated on acceptance of work of this 1 section with only minor deficiencies. • Adjustment and replacement work shall be performed as specified in this section with 1 materials of same size, variety, and quality of material replaced. • Replacement work shall be done under a guarantee of the same length and conditions as described in this specification. It shall date from the time of the Landscape Architect's approval of replacement work. 1 • Replace plant stock that is dead or not in a flourishing and satisfactory growing state, or does not meet specification requirements. Remove dead stock immediately. Replace stock at proper time during the next planting season. • If settlement has occurred at planting pits and beds, fill in to specified grade with specified planting soil mix. 1 INTERIM MAINTENANCE • The contractor shall be responsible for interim maintenance of plant material up to the ' point of Final Acceptance, and such maintenance shall be considered part of the installation work. 1 1 1 SP -30 • This interim maintenance in regard to new planting shall consist of: 1 - Pruning, watering, fertilizing, cultivating, weeding, mulching, tightening and repairing of guys, resetting plants to proper grades or upright position, restoration of planting saucer, furnishing, and application of such sprays and guards as are necessary to keep plants free of damage from insects, rodents, and diseases, and such maintenance as required at the direction of the Landscape Architect. - Keeping soil within confines of planting saucer around trees, and keeping tree and shrub planting beds shallowly cultivated and free of weeds; mulched groundcover beds shall not be cultivated. - Keeping plastic tree guards and guy wires in proper repair. 1 - Adding commercial fertilizer 10 -6 -4 according to the manufacturer's instruction at the end of the interim maintenance period. 1 1 1 1 1 1 1 1 1 1 1 1 1 1 SP -31 1 PLANTINGS 1 Quinn Plaza Quantity Key Botanical Name Common Name Size Trees and Shrubs: I 1 AR Acer rubrum -'Autumn Blaze' Autumn Blaze Red Maple 70mm Cal. 7 M Malus'Harvest Gold Crabapple Harvest Gold Crabapple 50mm Cal. 6 Sc Sambucus canadensis 'Aurea' Golden Elder 80cm Ht. /3 gal 1 11 Ss Sorbaria sorbifolia False Spirea 60cm Ht. /3gal Perennials and Grasses 103 H Hemerocallis 'Hyperion' Hyperion Daylily 1 gal I 49 Em Echinacea 'Magnus' Purple Coneflower 1 gal 66 G Geranium phaeum Cranesbill 1 gal 39 Rf Rudbeckia fulgida 'Goldstrum' Black Eyed Susan 1 gal 40 Hs Helictotrichon sempervirens Blue Oat Grass 1 gal I 16 Ms Miscanthus sinensis 'Huron Sentinel' Huron Sentinel 2 gal 67 P Pannisetum alopecuroides Fountain Grass, Hardy 1 gal 1 Library Plaza Quantity Key Botanical Name Common Name Size Shrubs: 1 13 Ha Hydrangea arborescens 'Annabelle' Annabelle Hydrangea 60cm Ht. / 3 gal. Perennials and Grasses 21 Ap Astilbe chinensis Astilbe Pumila 1 gal I 41 As Astilbe chinensis 'Superba' Astilbe Superba 1 gal 9 C Calamagrostis'Karl Forester' Feather Reed Grass 2 gal 19 Hs Helictotrichon sempervirens Blue Oat Grass 1 gal I 25 H Hemerocallis 'Hyperion' Hyperion Daylily 1 gal 19 Ho Hosta'Francee Williams' Francee Williams Hosta 1 gal 30 L Lamium 'Purple Dragon' Dead Nettle - Purple Dragon 1 gal 30 Mof Matteucia struthiopteris Osterich Fern 1 gal I 46 P Pannisetum alopecuroides Fountain Grass, Hardy 1 gal 13 Rf Rudbeckia fulgida 'Goldstrum' Black Eyed Susan _ 1 gal 1 Pipers Plaza Quantity Key Botanical Name Common Name Size I Trees and Shrubs 1 Ac Amelanchier canadensis Serviceberry clump form 250cm Ht. 4 Ef Euonymus fortunei ' Sarcoxie' Sarcoxie Euonymus 40cm Ht. / 2 gal. 2 GT Gleditsia Triacanthos 'Shademaster' Honeylocust 'Shademaster' 70mm Cal. WB I 5 Ha Hydrangea arborescens 'Annabelle' Annabelle Hydrangea Ivory Silk Lilac Tree 60cm Ht. / 3 gal. 1 SR Syringa reticulata 'Ivory Silk' 60mm Cal. WB Perennials and Grasses: I 46 Am Achillea ,millefolium x Moonshine Yarrow Moonshine 1 gal. 30 Hs Helictotrichon sempervirens Blue Oat Grass 1 gal 61 H Hemerocallis 'Hyperion' Hyperion Daylily 1 gal 31 Rf Rudbeckia fulgida 'Goldstrum' _Black Eyed Susan 1 gal 1 1 1 1 SP -32 Gateway Planting (East -side of Queen St., South of Durham Market S.) 1 Quantity Key Botanical Name Common Name Size Trees and Shrubs 10 Ca Cotoneaster apiculatus Cranberry Cotoneaster 40cm /2 gal. 3 Lm Lonicera morrowii Morrow Honeysuckle 80cm /3 gal. I 3 Po Physocarpus opulifolius 'Dart's Gold' Dart's Gold Ninebark 80cm /3 gal. 6 Pf Potentilla fruticosa 'Pink Beauty Pink Beauty Potentilla 40cm /3 gal. 1 QRS Quercus robur'Skymaster' Skymaster English Oak 60mm Cal. WB 7 Ra Rhus aromatica'Gro -Low' Gro -Low Fragrant Sumac 2 gal. 7 RT Rhus typhina Staghorn Sumac 150 cm Ht. WB 1 1 EA Eleagnus angustifolia Russian Olive 50mm caI.W.B Perennials and Grasses: 31 Hs Helictotrichon sempervirens Blue Oat Grass 1 gal 11 Ms Miscanthus sinensis 'Huron Sentinel' Huron Sentinel 2 gal 49 Am Achillea millefolium x Moonshine Yarrow - Moonshine 1 gal. I 27 P Pannisetum alopecuroides Fountain Grass, Hardy 1 gal 30 Rf Rudbeckia fulgida 'Goldstrum' Black Eyed Susan 1 gal Kincardine Street Trees 1 Deciduous Trees 12 AmC Amelanchier Canadensis Downy Serviceberry 60mm Cal. WB 13 PcN Prunus cerasifera 'Newport' Newport Plum 60mm Cal. WB 16 PcC Pyrus calleryana'Chantecleer Chantecleer Pear 60mm Cal. WB 36 SR Syringa reticulata'Ivory Silk' Ivory Silk Japanese Lilac 60mm Cal. WB I 5 TC Tilia cordata'Greenspire' Greenspire Linden 60mm Cal. WB Tiverton Plantings Tiverton Street Trees III Deciduous Trees 23 AR Acer rubrum 'Autumn Blaze' Autumn Blaze Red Maple 70mm Cal. WB I 23 PcC Pyrus calleryana'Chantecleer' Chantecleer Pear 60mm Cal. WB 1 1 1 1 1 1 1 SP -33 ' ITEM NOS. 29 -31 SITE FURNISHINGS GENERAL Description This section describes the supply and installation of standard manufactured catalogue items. Related Work 1 Cast -in -place concrete bases and footings: Concrete shall be placed according to OPSS 904. Shop Drawings and Product Data Submit shop drawings and product data when requested by Landscape Architect. 1 Shop drawings to indicate dimensions, sizes, assembly and installation details for each furnishing /fixture. Payment For the unit price bid, the Contractor shall supply all labour, equipment and material for the 1 complete installation of landscape furnishings. PRODUCTS ' Item No. 29 — Benches 1 Bench with back to be #7199- 6' -IPE (Midway Bench) c/w stainless steel hardware, wood components to be left unfinished. Metal components to be galvanized then finished with polyurethane primer and paint, black colour. By Toronto Fabricating. Available through Wayne ' Morrison 519- 473 -5214. Item No. 30 — Trash Receptacles Trash receptacle to be #922 -22, complete with hinged cast lid and liner and stainless steel ' hardware. Metal components to be galvanized then finished with polyurethane primer and paint, black colour. By Toronto Fabricating. Available through Wayne Morrison 519- 473 -5214. Item No. 31— Bicycle Racks New bicycle racks to be #937 -DB with cast aluminum ring and hot - dipped galvanized post. ' Ring to be c/w name "Harbour Street, Kincardine" in casting. By Toronto Fabricating. Available through Wayne Morrison - 519- 473 -5214. 1 SP -34 EXECUTION Installation Assemble furnishings in accordance with manufacturer's instructions. Obtain approval of final furnishings locations from Landscape Architect prior to anchoring to concrete footings. Install �p furnishings true, plumb, and anchored as detailed. Shore up, if necessary, to ensure true, plumb placement. Bench seats will slope to follow grade of paving. h- damaged finishes to approval of Landscape up g pp e Architect. I p Refer to Manufacturer's standards for ground hydrant installation. 1 ITEM NO. 32 INSTALL TEXTURED STEEL LETTERS IN CONCRETE 1 For the unit price bid, the contractor shall install individual textured steel letters into the fresh concrete. The letters measure approximately 150mm x 150mm and shall be simply pushed into the surface of the fresh concrete, flush with the finished grade. The words formed by these letters shall be located at the main intersection in Tiverton with the phrasing and the exact location to be determined at the pre- construction meeting. ITEM NO. 33 SUPPLY AND INSTALL CONCRETE POLE BASES For the unit price bid, the contractor shall supply all labour, equipment and materials for the complete installation of concrete pole bases for the future arbour structure, pole bases, and the bollard lighting at the Library Forecourt. Concrete footings to be constructed as per the concrete pole detail. ' ITEM NO. 34 ACCESS TO ENTRANCES TO BUILDINGS For the unit price bid, the contractor shall supply temporary access to all entrances. Access shall be maintained at all times during construction and temporary access shall have a minimum width of 1.0 metres. The method of access shall be submitted to the Engineer for approval. Pedestrian access to the storefronts shall be maintained at all times and delineated from the construction by the means of snow fence. ITEM NO. 35 TRAFFIC CONTROL 111 For the unit price bid, the Contractor shall include the cost of traffic control as specified below and in accordance with OPSS 543. 1 1 SP -35 1 The Contractor shall prepare and submit a traffic plan to the Project Engineer for review and acceptance. 1 Payment under this item will be made proportional to completion of the entire project. 1 General In addition to the requirements in the Information to Bidders for Contractors to control traffic I and provide signage, in accordance with the Ontario Traffic Manual Book 7 and the Ministry of Transportation Temporary Conditions Manual (March 2001), the following conditions will apply: I • At all times of construction, a minimum of one lane for traffic shall be open and maintained using appropriate traffic control measures and signage. I . At the end of each working day, two lane traffic, controlled by barricades, delineators, etc., shall be maintained. Entrances to commercial establishments shall be maintained. 1 Restrictions on Construction Operations Construction operations adversely affecting public traffic and the loading or unloading of I materials and construction equipment onto and from the travelled portion of the road shall not be carried out during the following periods: 1 • 4:00 p.m. Friday to 7:00 a.m. Monday, for normal weekends • All Canadian statutory holidays. 1 ITEM NO. 36 PRECONSTRUCTION SURVEY 1 (a) General The work to be done under this item includes furnishing all labour, equipment, materials and I services to perform a pre- construction survey of adjacent structures. The Contractor's designee for work shall be a company with a minimum of five years experience in pre- condition surveys I and loss control for heavy construction in urban areas. The designee shall provide proof of Professional Errors and Omissions insurance with a minimum of one million dollar limit from a recognized insurer and submit sufficient data to satisfy the Engineer of their competence in this ' field and /or be prequalified with the Engineer in the tendering stage, hereinafter referred to as the Loss Control Consultant (LCC). 1 (b) Description The work includes preparation and submittal of pre- construction surveys depicting existing I interior and exterior conditions of buildings, utilities and underground structures and the like, within the area of influence of the worksite, as indicated. 1 1 SP -36 Existing buildings, utilities, and other related structural improvements and properties located in 1 the area of influence of the worksite are subject to possible damage as a result of heavy construction activities, including but not limited to dewatering, excavating and compaction. 1 To protect the Contractor, the Owner and the Engineer from unwarranted claims by property owners for alleged construction damages when the condition predates the construction, the LCC shall survey and identify conditions existing in and around the properties anticipated to be potentially affected by construction operations. Photographic equipment and materials shall be acceptable to the Engineer and shall be capable of yielding high - quality negatives from which detailed enlargements may be made; instant -type photographic equipment will not be permitted; video equipment will be permitted only as an accessory to still photographs. (c) Procedure 1 Work shall begin immediately upon notice of award and pre- construction surveys of those applicable portions of this work shall be submitted to the Engineer and accepted prior to the start 1 of construction activities. The LCC shall evaluate the Engineer's recommendations of areas to be surveyed and submit to 1 the Engineer recommended deviations from those areas indicated, if any. The LCC shall be responsible to obtain data as follows: 1 • Available data from design consultants including but not limited to soils data, field surveys, photogrammetric mapping, and pertinent project photographs. 1 • Plans for buildings to be surveyed and "as- built" drawings if available. List of owners, tenants and lessees to be surveyed s. ed within buildings. • Y g Upon approval of the submittal, the LCC shall conduct surveys which shall adequately illustrate 1 structural and cosmetic defects of the indicated areas. After the LCC has contacted the owner of the buildings, it will be the responsibility of the LCC 1 to gain entry to the buildings during the performance of his /her work. If an owner will not permit access to his property, the LCC shall immediately contact the Engineer and indicate in the 111 summary sheet what efforts were made to gain entry; what their apparent authority was (i.e. owner, manager, lessor); what reasons were given for not providing entry, time and date of contact; means of contact (in person or by phone); who made the contact and other relevant information. Survey data shall be recorded as typed reports or in written format and by photographic means. Information in written format shall be recorded so as to be easily interpreted, containing pertinent information, and shall contain specific references as to exact building areas and locations. 1 1 1 SP -37 1 Copies of photographs and reports shall be provided as follows: Written Reports Photographs Engineer — 1 set 1 set of slides or contact prints 1 Surveys shall report, as a minimum: 1 • Type of construction of item and date when built. • Differential settlements; visible cracks in walls, floors and ceilings shall be identified and 1 described. • Any other apparent structural or cosmetic damage or defect. The LCC shall use positive dimensions whenever practical to do so, instead of general terms (that is, "Sagging 1 to 2 inches" instead of "Sagging badly "). 1 ITEM NO. 37 PROVISION OF FIELD OFFICE The Contractor shall be required to provide, for the sole use of the Engineer or his/her 1 representatives, a field office in good condition, having a minimum floor area of 12 square metres, screened windows on three sides, wooden floor, a desk and table 1.5 m in size, benches to accommodate four people, approved chairs or stools, adequate electric lighting and a 1 telephone and fax machine which shall be maintained by the Contractor at his expense for the duration of the contract. Long distance charges will be paid by the Owner, providing calls are made by the Engineering Party and are for the concern of the contract. During winter months, 1 the office will be heated by the Contractor at his expense. During summer months, the office will be air - conditioned by the Contractor at his expense. The Field Office shall be constructed so that it is weatherproof and properly secured against break -ins. The Contractor must also rovide and properly maintain, in clean condition, a suitable privy or p p p Y p Y 1 water closet for the sole use of the Engineer and his/her employees. The privy must be of approved condition. 1 The Field Office and the privy shall be erected and moved as, when, and where the Engineer directs. ' ITEM NO. 38 UNSHRINKABLE BACKFILL (Controlled Density Fill) For the unit price bid, the Contractor shall supply all labour, material and equipment for the placing of the unshrinkable backfill when directed by the Engineer. 1 ' 1 SP-38 Materials The controlled density fill material used shall be a ready mixed flowable fill as manufactured by local ready mixed concrete producers. The controlled density fill shall consist of and meet the following requirements: Cement 1 - Type 10 Portland Cement - 25 kg /m Aggregates 1 - In accordance with OPSS 1002, maximum size 25 mm Slump 1 - 150 mm minimum at point of discharge Strength - 0.07 MPa within 24 hours - maximum 0.4 MPa at 28 days 1 Air Entrainment - In accordance with CSA (CAN3- A23.1) 1 Construction Methods (1) Placing The controlled density fill is to be placed in the trench so as not to displace any conduits or pipes 1 and shall be vibrated to ensure elimination of all voids. The surface shall be trowelled to leave a uniform finish. 111 (2) Steel Plating If traffic must be allowed to pass over the trench into which controlled density fill has been 1 placed, steel plating, supplied by the Contractor, shall be placed across the trench until the controlled density fill has reached sufficient strength to allow for placement of asphalt and the I subsequent passage of traffic. The steel plating used by the Contractor shall be physically restrained to prevent it from slipping or lifting away from the trench and to prevent excessive rattling. The steel plates shall have sufficient strength and width to carry the traffic safely over the trench. The Contractor shall note that any trench shall be steel plated for no more than four days before the asphalt is placed. 1 ITEM NO. 39 WINDOW WELL MODIFICATIONS For the price bid, the Contractor shall supply all materials and labour required to complete the rebuilding of designated window wells or the filling in of existing window wells. 1 1 SP -39 The Contractor will be required to rebuild the window wells by means of concrete to fit the existing steel grating and finished grade. The Contractor will be required to plug up and/or seal by means of cement block (150 mm min.) and mortar or concrete, any openings at the buildings and to fill the wells with compacted granular material. All cement block or concrete shall be tied in or anchored to existing building walls to prevent any push in or blow out when backfilling or in the future. 1 All work shall be carried out to the satisfaction of the Engineer. ' ITEM NO. 40 SAW CUTTING For the unit price bid, the Contractor shall supply all labour and equipment to saw cut existing asphalt or concrete at designated areas at the time of construction. This item is for saw cutting of items in addition to the requirements elsewhere in the contract. ' The Contractor will be responsible for supplying of water while saw cutting to eliminate dust. 1 ITEM NO. 41 REMOVAL OF CONCRETE STEPS For the unit price bid, the Contractor shall supply all labour, equipment and material to remove designated concrete steps as shown on the drawings and shall include the saw cutting of existing 1 adjacent sidewalks. All work to be in accordance with OPSS 510. Excavated material and concrete shall be disposed of as outlined under the General Special Provision -- Disposal of Surplus Materials. ' ITEM NO. 42 REMOVE AND REPLACE CONCRETE STEPS ' For the unit price bid, the Contractor shall supply all labour, equipment and materials to remove and construct concrete steps in accordance with OPSS 352 and with instructions given by the Engineer at the time of construction. The following table summarizes the locations and ' approximate dimensions. Approx. Vertical (mm) Width (m) 190mm 1.2m 1 1 1 1 SP -40 ITEM NO. 43 1 SANITARY SEWER SERVICE CLEANOUT For the unit price bid, the Contractor shall supply all labour and materials for the complete 1 installation of service cleanouts as shown on the detail drawing. Each cleanout shall be a 100 mm diameter cover equal to a Malcolm Bolter Cover (Bell end) as supplied by Crowle Fittings Ltd., or equivalent. Adaptors to be provided as required. 1 ITEM NO. 44 BONDING AND INSURANCE 1 For the unit price bid, the Contractor shall include the cost of bonding and insurance as specified in the Information to Bidders and the General Conditions of Contract. Payment under this item 1 will be made with the first payment certificate. ITEM NO. 45 1 CONTINGENCIES has been made for contingencies in the contract. Only A lump sum allowance g Y those additional items approved in writing on behalf of the Owner, by the Engineer, will be expended from this allowance. ITEM NO. 46 i LUMP SUM FOR OTHER REQUIREMENTS For the unit price bid, the Contractor shall enter an amount for additional labour, equipment or material required to complete the contract but not specifically covered by or related to the other items in the Schedule of Items and Prices. The unit price bid may include, but are not limited to, the following: watchmen, on -site washroom facilities, permits and approvals (other than those to be paid for by the Owner), acquiring the services of the local operating authorities or removal and re- installation of roadside signage. Each progress payment certificate will include a percentage of the tender price for this item in 1 proportion to the percentage of the permanent works completed. The submission by a tenderer of an unbalanced price for this item renders the tender liable to 1 disqualification. 1 1 1 1 1 SGC -1 I SUPPLEMENTAL GENERAL CONDITIONS I The following items shall supplement the OPS General Conditions of Contract, September 1999. 1 1.0 Section GC2.02, Order of Precedence, shall be revised such that documents shall take 1 precedence and govern in the following order: I a) Agreement b) Addenda c) Special Provisions I d) Contract Drawings e) Information to Bidders f) Standard Specifications I g) Standard Drawings h) Tender i) Supplemental General Conditions 1 j) General Conditions I 2.0 Section GC8.02.02, Advance Payments for Materials, shall be revised as follows: I "The Owner may make advanced payments for materials on site, provided: 1 a) That such materials or equipment has been delivered and is properly stored on the construction site. 1 b) The. Contractor has presented the Contract Administrator with invoices to verify the costs of such materials or equipment." 1 1 1 i 1 F: \wp \Contracts \Forms \Supp. Gen. Conditions.doc 1 Ammo IIIIIIIIIIIIIIIIIIIIIIIIIIIIIN111111111111111111111111111111111111110111111111111111111111111111.• , , OPS GENERAL CONDITIONS OF CONTRACT September 1999 m I I� I.% S U�. t":41 p• PR oy ` Table of Contents SECTION CC 1.0 - INTERPRETATION GC 1.01 Captions GC 1.02 Abbreviations GC 1.03 Gender and Singular References ' GC 1.04 Definitions GC 1.05 Substantial Performance GC 1.06 Completion GC 1.07 Final Acceptance GC 1.08 Interpretation of Certain Words SECTION CC 2.0 - CONTRACT DOCUMENTS GC 2.01 Reliance on Contract Documents GC 2.02 Order of Precedence 1 SECTION GC 3.0 - ADMINISTRATION OF THE CONTRACT GC 3.01 Contract Administrator's Authority GC 3.02 Working Drawings GC 3.03 Right of the Contract Administrator to Modify Methods and Equipment GC 3.04 Emergency Situations GC 3.05 Layout GC 3.06 Working Area GC 3.07 Extension of Contract Time GC 3.08 Delays GC 3.09 Assignment of Contract GC 3.10 Subcontracting by the Contractor GC 3.11 Changes GC 3.11.01 Changes in the Work GC 3.11.02 Extra Work GC 3.11.03 Additional Work GC 3.12 Notices GC 3.13 Use and Occupancy of the Work Prior to Substantial Performance GC 3.14 Claims, Negotiations, Mediation GC 3.14.01 Continuance of the Work ' GC 3.14.02 Record Keeping GC 3.14.03 Claims Procedure GC 3.14.04 Negotiations GC 3.14.05 Mediation GC 3.14.06 Payment GC 3.14.07 Rights of Both Parties GC 3.15 Engineering Arbitration GC 3.15.01 Conditions for Engineering Arbitration GC 3.15.02 Arbitration Procedure GC 3.15.03 Appointment of Arbitrator U GC 3.15.04 Costs GC 3.15.05 The Decision GC 3.16 Archaeological Finds Rev Date: September 1999 Page i OPS General Conditions of Contract 1 SECTION GC 4.0- OWNER'S RESPONSIBILITIES AND RIGHTS GC 4.01 Working Area GC 4.02 Approvals and Permits 1 GC 4.03 Management and Disposition of Materials GC 4.04 Construction Affecting Railway Property GC 4.05 Default by the Contractor GC 4.06 Notification of Default GC 4.07 Contractor's Right to Correct a Default GC 4.08 Owner's Right to Correct Default GC 4.09 Termination of Contractor's Right to Continue the Work GC 4.10 Final Payment to Contractor GC 4.11 Termination of the Contract GC 4.12 Continuation of Contractor's Obligations GC 4.13 Use of Performance Bond SECTION GC 5.0 - MATERIAL GC 5.01 Supply of Material GC 5.02 Quality of Material GC 5.03 Rejected Material GC 5.04 Substitutions GC 5.05 Owner Supplied Material GC 5.05.01 Ordering of Excess Material GC 5.05.02 Care of Material SECTION GC 6.0 - INSURANCE, PROTECTION AND DAMAGE GC 6.01 Protection of Work, Persons and Property ' GC 6.02 Indemnification GC 6.03 Contractor's Insurance GC 6.03.01 General GC 6.03.02 General Liability Insurance GC 6.03.03 Automobile Liability Insurance GC 6.03.04 Aircraft and Watercraft Liability Insurance GC 6.03.05 Property and Boiler Insurance GC 6.03.05.01 Property Insurance GC 6.03.05.02 Boiler Insurance GC 6.03.05.03 Use and Occupancy of the Work Prior to Completion GC 6.03.05.04 Payment for Loss or Damage GC 6.03.06 Contractor's Equipment Insurance GC 6.03.07 Insurance Requirements and Duration GC 6.04 Bonding • 1 i Rev Date: September 1999 Page ii OPS General Conditions of Contract , i 1 SECTION GC 7.0 - CON'TRACTOR'S RESPONSIBILITIES AND CONTROL OF THE WORK GC 7.01 General GC 7.02 Layout GC 7.03 Damage by Vehicles or Other Equipment GC 7.04 Excess Loading of Motor Vehicles GC 7.05 Condition of the Working Area GC 7.06 Maintaining Roadways and Detours GC 7.07 Access to Properties Adjoining the Work and Interruption of Utility Services GC 7.08 Approvals and Permits ' GC 7.09 Suspension of Work GC 7.10 Contractor's Right to Stop the Work or Terminate the Contract GC 7.11 Notices by the Contractor GC 7.12 Obstructions GC 7.13 Limitations of Operations GC 7.14 Cleaning Up Before Acceptance GC 7.15 Warranty ' SECTION GC 8.0 - MEASUREMENT AND PAYMENT GC 8.01 Measurement GC 8.01.01 Quantities GC 8.01.02 Variations in Tender Quantities GC 8.02 Payment GC 8.02.01 Price for Work GC 8.02.02 Advance Payments for Material GC 8.02.03 Certification and Payment GC 8.02.03.01 Progress Payment Certificate GC 8.02.03.02 Certification of Subcontract Completion GC 8.02.03.03 Subcontract Statutory Holdback Release Certificate and Payment GC 8.02.03.04 Certification of Substantial Performance U GC 8.02.03.05 Substantial Performance Payment and Substantial Performance Statutory Holdback Release Payment Certificates GC 8.02.03.06 Certification of Completion GC 8.02.03.07 Completion Payment and Completion Statutory Holdback Release ' Payment Certificates GC 8.02.03.08 Interest GC 8.02.03.09 Interest for Late Payment GC 8.02.03.10 Interest for Negotiations and Claims GC 8.02.03.11 Owner's Set -Off GC 8.02.03.12 Delay in Payment ' GC 8.02.04 Payment on a Time and Material Basis GC 8.02.04.01 Definitions GC 8.02.04.02 Daily Work Records GC 8.02.04.03 Payment for Work GC 8.02.04.04 Payment for Labour GC 8.02.04.05 Payment for Material GC 8.02.04.06 Payment for Equipment GC 8.02.04.06.01 Working Time GC 8.02.04.06.02 Standby Time GC 8.02.04.07 Payment for Hand Tools GC 8.02.04.08 Payment for Work by Subcontractors GC 8.02.04.09 Submission of Invoices GC 8.02.05 Final Acceptance Certificate GC 8.02.06 Payment of Workers ' GC 8.02.07 Records GC 8.02.08 Taxes and Duties GC 8.02.09 Liquidated Damages Rev Date: September 1999 Page iii OPS General Conditions of Contract 1 Ontario Provincial Standards September 1999 to - ' �`� ° q9':, for O p 1;1111 Roads and Public Works 4 a i GENERAL CONDITIONS OF CONTRACT SECTION GC 1.0 - INTERPRETATION GC 1.01 Captions 1 .01 The captions appearing in these General Conditions have been inserted as a matter of convenience and for ease of reference only and in no way define, limit or enlarge the scope or meaning of the General Conditions or any provision hereof. GC 1.02 Abbreviations .01 The abbreviations on the left below are commonly found in the Contract Documents and represent the organizations and phrases listed on the right: "AASHTO" - American Association of State Highway Transportation Officials 1 "ANSP" - American National Standards Institute "ASTM" - American Society for Testing and Materials "AWG" - American Wire Gauge "AWWA" - American Water Works Association "CESA" - Canadian Engineering Standards Association "CGSB" - Canadian General Standards Board "CSA" - Canadian Standards Association "CWB" - Canadian Welding Bureau GC - General Conditions 1 "MOE" - Ministry of the Environment (Ontario) "MTC" - Ministry of Transportation (Ontario) "MTO" - Ministry of Transportation (Ontario) "MUTCD" - Manual of Uniform Traffic Control Devices, published by MTO "OPS" - Ontario Provincial Standard "OPSD" - Ontario Provincial Standard Drawing "OPSS" - Ontario Provincial Standard Specification "PEO" - Professional Engineers Ontario "SAE" - Society of Automotive Engineers "SSPC" - Structural Steel Painting Council "UL" - Underwriters Laboratories "ULC" - Underwriters Laboratories Canada GC 1.03 Gender and Singular References .01 References to the masculine or singular throughout the Contract Documents shall be considered to include the feminine and the plural and vice versa as the context requires. GC 1.04 Definitions .01 For the purposes of this Contract the following definitions apply: Actual Measurement: means the field measurement of that quantity within the approved limits of the Work. Rev Date: September 1999 Page 1 OPS General Conditions of Contract 1 Additional Work: means work not provided for in the Contract and not considered by the Contract Administrator to be essential to the satisfactory completion of the Contract within its intended scope. 1 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. 1 Certificate of Subcontract Completion: means the certificate issued by the Contract Administrator in accordance with clause GC 8.02.03.02, Certification of Subcontract Completion. 1 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 1 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. 1 Change Order: means a written amendment to the Contract signed by the Contractor and the Owner, or the Contract Administrator where so authorized, covering contingencies, a Change in the Work, Extra Work, Additional Work and changed subsurface conditions, and establishing the basis for payment and the time allowed for the 1 adjustment of the Contract Time. Completion Certificate: means the certificate issued by the Contract Administrator at completion. 1 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. 1 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 1 representative for the purposes of the Contract. Contract Documents: mean the executed Agreement between the Owner and the Contractor, the Tender, the 1 General Conditions of Contract, the 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. 1 Contract Drawings: or Contract Plans: mean drawings or plans, any Geotechnical Report, any Subsurface Report and other reports and information provided by the Owner for the Work, and without limiting the generality thereof, 1 may include soil profiles, foundation investigation reports, reinforcing steel schedules, aggregate sources lists, Quantity Sheets, cross - sections and standard drawings. Contract Time: means the time stipulated in the Contract Documents for Substantial Performance of the Work, 1 including any extension of Contract Time made pursuant to the Contract Documents. Contractor: means the person, partnership or corporation undertaking the Work as identified in the Agreement. 1 Controlling Operation: means any component of the Work, which, if delayed, will delay the completion of the Work. Cost Plus: See "Time and Material ". 1 Rev Date: September 1999 Page 2 OPS General Conditions of Contract 1 Cut - Off Date: means the date up to which payment will 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, 1 or any reproductions of drawings or plans pertaining to the Work. 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. 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 which affect the Work. 1 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. 1 Force Account: See "Time and Material ". Geotechnical Report: means a report or other information identifying soil, rock and ground water conditions in the area of any proposed excavation or fill. 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. Lump Sum Item: means a tender item indicating a portion of the Work for which payment will be made at a single tendered price. Payment is not based on a measured quantity, although a quantity may be given in the Contract Documents. Major Item: means any tender item that has a value, calculated on the basis of its actual or estimated tender 1 quantity, whichever is the larger, multiplied by its tender unit price, which is equal or greater than the lesser of, a) $100,000, or b) 5% of the total tender value calculated on the basis of the total of all the estimated tender quantities and the tender unit prices. Material: means material, machinery, equipment and fixtures forming part of the Work. Owner: means the party to the Contract for whom the Work is being performed, as identified in the Agreement, and includes, with the same meaning and import, "Authority ". Pavement: means a wearing course or courses placed on the Roadway and consisting of asphaltic concrete, hydraulic cement concrete - Portland cement concrete, or plant or road mixed mulch. Rev Date: September 1999 Page 3 OPS General Conditions of Contract 1 1 Performance Bond: means the type of security furnished to the Owner to guarantee completion of the Work in accordance with the Contract and to the extent provided in the bond. Plan Quantity: means that quantity as computed from within the boundary lines of the Work as shown in the Contract Documents. Project: means the construction of the Work as contemplated by this Contract. Quantity Sheet: means a list of the quantities of Work to be done. Rate of Interest: means the rate determined by the Minister of Finance of Ontario and issued by, and available from, the Owner. Records: mean any books, payrolls, accounts or other information which relate to the Work or any Change in the Work or claims arising therefrom. Roadway: means that part of the Highway designed or intended for use by vehicular traffic and includes the Shoulders. Shoulder: means that portion of the Roadway between the edge of the wearing surface and the top inside edge of 1 the ditch or fill slope. Special Provisions: mean special directions containing requirements peculiar to the Work. 1 Standard Specification: means a standard practice required and stipulated by the Owner for performance of the Work. 1 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 Base, Subbase and Pavement. Subsurface Report: means a report or other information identifying the location of utilities, concealed and adjacent structures and physical obstructions which fall within the influence of the Work. 1 Superintendent: means the Contractor's authorized representative in responsible charge of the Work. Surety: means the person, partnership or corporation, other than the Contractor, licensed in Ontario to transact business under the Insurance Act, R.S.O. 1990, c.I.8, as amended, executing a bond provided by the Contractor. Tender: means an offer in writing from the Contractor, submitted in the format prescribed by the Owner, to 1 complete the Work. Time and Material: means costs calculated according to clause GC 8.02.04, Payment on a Time and Material Basis. Where "Cost Plus" and "Force Account" are used they shall have the same meaning. 1 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 period of 12 months from the date of Substantial Performance or such longer period as may be specified for certain Materials or some or all of the Work. Where a date of Substantial Performance is not 1 established, the Warranty Period shall commence on the date of Completion. 1 Rev Date: September 1999 Page 4 OPS General Conditions of Contract 1 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 will 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. on- delivery of Owner- supplied materials, iii. any cause beyond the reasonable control of the Contractor which 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 falsework plans, Roadway protection plans, shop drawings, shop plans or erection diagrams. GC 1.05 Substantial Performance .01 The Work is substantially performed, a) when the Work to be performed under the Contract or a substantial part thereof is ready for use or is being used for the purpose intended; and b) when the Work to be performed under the Contract is capable of completion or, where there is a known defect, the cost of correction, is not more than i. 3% of the first $500,000 of the Contract price, ii. 2% of the next $500,000 of the Contract price, and iii. 1% of the balance of the Contract price. 1 .02 For the purposes of this Contract, where the Work or a substantial part thereof is ready for use or is being used for the purposes intended and the remainder of the Work cannot be completed expeditiously for reasons beyond the control of the Contractor or, where the Owner and the Contractor agree not to complete the Work expeditiously, the price of the services or materials remaining to be supplied and required to complete the Work shall be deducted from the Contract price in determining Substantial Performance. GC 1.06 Completion .01 The Work shall be deemed to be completed and services or Materials shall be deemed to be last supplied to the Work when the price of completion, correction of a known defect or last supply is not more than the lesser of, a) 1% of the Contract price; or b) $1,000. GC 1.07 Final Acceptance .01 Final Acceptance shall be deemed to occur when the Contract Administrator is satisfied that, to the best of the Contract Administrator's knowledge at that time, the Contractor has rectified all imperfect work and has discharged all of the Contractor's obligations under the Contract. GC 1.08 Interpretation of Certain Words , .01 The words "acceptable ", "approval ", "authorized ", "considered necessary", "directed ", "required ", "satisfactory", or words of like import, shall mean approval of, directed, required, considered necessary or authorized by and acceptable or satisfactory to the Contract Administrator unless the context clearly indicates otherwise. Rev Date: September 1999 Page 5 OPS General Conditions of Contract 1 1 1 SECTION GC 2.0 - CONTRACT DOCUMENTS GC 2.01 Reliance on Contract Documents 1 .01 The Owner warrants that the information furnished in the Contract Documents can be relied upon with the following limitations or exceptions: a) The location of all mainline underground utilities which will affect the Work will be shown to a I tolerance of: i. 1 m horizontal and ii. 0.3 m vertical I b) The Owner does not warrant interpretations of data or opinions expressed in any Subsurface Report available for the perusal of the Contractor and excluded from the Contract Documents; and c) Other information specifically excluded from this warranty. I 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 I take precedence and govern in the following order: a) Agreement b) Addenda I c) Special Provisions d) Contract Drawings e) Standard Specifications f) Tender I g) Supplemental General Conditions h) General Conditions i) Working Drawings Later dates shall govern within each of the above categories of documents. I .02 In the event of any conflict among or inconsistency in the information shown on Drawings, the following rules shall apply: I a) Dimensions shown in figures on a Drawing shall govern where they differ from dimensions scaled from the same drawing; b) Drawings of larger scale shall govern over those of smaller scale; c) Detailed Drawings shall govem over general Drawings; and 1 d) Drawings of a later date shall govern over those of an earlier date in the same series. .03 In the event of any conflict in the contents of Standard Specifications the following order of precedence shall I govem: a) Ontario Provincial Standard Specifications; then b) Other Standard Specifications, such as those produced by CSA, CGSB, ASTM and ANSI, and referenced in the Ontario Provincial Standard Specifications. .04 The Contract Documents are complementary, and what is required by any one shall be as binding as if required by all. 1 1 I 1 1 1 Rev Date: September 1999 Page 6 OPS General Conditions of Contract SECTION GC 3.0 - ADMINISTRATION OF THE CONTRACT GC 3.01 Contract Administrator's Authority .01 The Contract Administrator will 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 will be issued by the Contract Administrator. The Contract Administrator will 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. 1 .03 The Contract Administrator will inspect the Work for its conformity with the plans and specifications, and to record the necessary data to establish payment quantities under the schedule of tender quantities and unit prices or to make an assessment of the value of the work completed in the case of a lump sum price contract. .04 The Contract Administrator will determine the amounts owing to the Contractor under the Contract and will issue certificates for payment in such amounts as provided for in Section GC 8.0, Measurement and Payment. 1 .05 The Contract Administrator will with reasonable promptness review and take appropriate action upon the Contractor's submissions such as shop drawings, product data, and samples in accordance with the Contract Documents. .06 The Contract Administrator will investigate all allegations of a change in the character of the Work made by the Contractor and issue appropriate instructions. 1 .07 The Contract Administrator will prepare Change Directives and Change Orders. .08 Upon written application by the Contractor, the Contract Administrator and the Contractor will jointly conduct 1 an inspection of the Work to establish the date of Substantial Performance of the Work and/or the date of Completion of the Work. .09 The Contract Administrator will be, in the first instance, the interpreter of the Contract Documents and the judge of the performance thereunder by both parties to the Contract. Interpretations and decisions of the Contract Administrator shall be consistent with the intent of the Contract Documents and in making these decisions the Contract Administrator will not show partiality to either party. .10 The Contract Administrator will have the authority to reject part of the Work or Material which does not conform to the Contract Documents. .11 Defective work, whether the result of poor workmanship, use of defective material, or damage through carelessness or other act or omission of the Contractor and whether incorporated in the Work or not, which has been rejected by the Contract Administrator as failing to conform to the Contract Documents shall be removed promptly from the Work by the Contractor and replaced or re- executed promptly in accordance with the Contract Documents 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. .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 Administrator. .14 Notwithstanding any inspections made by the Contract Administrator or the issuance of any certificates or the making of any payment by the Owner, the failure of the Contract Administrator to reject any defective work or Material shall not constitute acceptance of defective work or Material. , Rev Date: September 1999 Page 7 OPS General Conditions of Contract 1 .15 The Contract Administrator will have the authority to temporarily suspend the Work for such reasonable time as may be necessary to facilitate the checking of any portion of the Contractor's construction layout or the inspection of any portion of the Work. There shall not be any extra compensation for the suspension of work. 1 GC 3.02 Working Drawings .01 The Contractor shall arrange for the preparation of clearly identified and dated Working Drawings as called for 1 by the Contract Documents. .02 The Contractor shall submit Working Drawings to the Contract Administrator with reasonable promptness and in orderly sequence so as to not cause delay in the Work. If either the Contractor or the Contract Administrator so requests they shall jointly prepare a schedule fixing the dates for submission and return of Working Drawings. Working Drawings shall be submitted in printed form. At the time of submission the Contractor shall notify the Contract Administrator in writing of any deviations from the Contract requirements that exist in the Working 1 Drawings. .03 The Contract Administrator will review and return Working Drawings in accordance with an agreed upon 1 schedule, or otherwise, with reasonable promptness so as not to cause delay. .04 The Contract Administrator's review will 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. .05 The Contractor shall make any changes in Working Drawings which the Contract Administrator may require consistent with the Contract Documents and resubmit unless otherwise directed by the Contract Administrator. When resubmitting, the Contractor shall notify the Contract Administrator in writing of any revisions other than those requested by the Contract Administrator. .06 Work related to the Working Drawings shall not proceed until the Working Drawings have been signed and dated by the Contract Administrator and marked with the words "Reviewed. Permission to construct granted." 1 .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 1 .01 The Contractor shall, when requested in writing, make alterations in the method, Equipment or work force at any time the Contract Administrator considers the Contractor's actions to be unsafe, or damaging to either the Work or existing facilities or the environment. .02 The Contractor shall, when requested in writing, alter the sequence of its operations on the Contract so as to avoid interference with work being performed by others. .03 Notwithstanding the foregoing, the Contractor shall ensure that all necessary safety precautions and protection are maintained throughout the Work. 1 GC 3.04 Emergency Situations .01 The Contract Administrator has the right to determine the existence of an emergency situation, and when such an emergency situation is deemed to exist, the Contract Administrator may instruct the Contractor to take action to remedy the situation. If the Contractor does not take timely action, or if the Contractor is not available, the Contract Administrator may direct others to remedy the situation. 1 .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 will pay for the remedial work. 1 Rev Date: September 1999 Page 8 OPS General Conditions of Contract i GC 3.05 Layout 1 .01 The Contract Administrator will provide baseline and benchmark information for the general location, alignment and elevation of the Work. The Owner will be responsible only for the correctness of the information provided by the Contract Administrator. GC 3.06 Working Area .01 The Contractor's sheds, site offices, toilets, other temporary structures and storage areas for material and equipment shall be grouped in a compact manner and maintained in a neat and orderly condition at all times. .02 The Contractor shall confine his construction operations to the Working Area. Should the Contractor require more space than that shown on the Contract Drawings, the Contractor shall obtain such space at no additional cost to the Owner. , .03 The Contractor shall not enter upon or occupy any private property for any purpose, unless the Contractor has received prior written permission from the property owner. GC 3.07 Extension of Contract Time .01 An application for an extension of Contract Time shall be made in writing by the Contractor to the Contract Administrator as soon as the need for such extension becomes evident and at least 15 Days prior to the expiration of the Contract Time. The application for an extension of Contract Time shall enumerate the reasons, and state the length of extension required. .02 Circumstances suitable for consideration of an extension of Contract Time include the following: a) Delays; See subsection GC 3.08. b) Changes in the Work; See clause GC 3.11.01. c) Extra Work; See clause GC 3.11.02. d) Additional Work; See clause GC 3.11.03. .03 The Contract Administrator will, in considering an application for an extension to the Contract Time, take into 1 account whether the delays, Changes in the Work, Extra Work or Additional Work involve a Controlling Operation. .04 The Contract Time shall be extended for such additional time as may be recommended by the Contract Administrator and deemed fair and reasonable by the Owner. .05 The terms and conditions of the Contract shall continue for such extension of Contract Time. GC 3.08 Delays .01 If the Contractor is delayed in the performance of the Work by, a) war, blockades, and civil commotions, errors in the Contract Documents; 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; b) 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; c) the Contract Administrator giving notice under subsection GC 7.09, Suspension of Work; d) abnormal inclement weather; or e) archaeological finds in accordance with subsection GC 3.16, Archaeological Finds, then the Contractor shall be reimbursed by the Owner for reasonable costs incurred by the Contractor as the result of such delay, provided that in the case of an application for an extension of Contract Time due to abnormal inclement weather, the Contractor shall, with the Contractor's application, submit evidence from Environment Canada in support of such application. Extension of Contract Time will be granted in accordance with subsection GC 3.07, Extension of Contract Time. , Rev Date: September 1999 Page 9 OPS General Conditions of Contract ' 1 .02 If the Work is delayed by labour disputes, strikes or lock -outs - including lock -outs decreed or recommended to its members by a recognized contractor's association, of which the Contractor is a member or to which the Contractor is otherwise bound - which are beyond the Contractor's control, then the Contract Time shall be extended in accordance with subsection GC 3.07, Extension of Contract Time. In no case shall the extension of Contract Time be less than the time lost as the result of the event causing the delay, unless a shorter extension is agreed to by the Contractor. The Contractor shall not be entitled to payment for costs incurred as the result of such delays unless such 1 delays are the result of actions by the Owner. GC 3.09 Assignment of Contract 1 .01 The Contractor shall not assign the Contract, either in whole or in part, without the written consent of the Owner. GC 3.10 Subcontracting by the Contractor .01 The Contractor may subcontract any part of the Work, subject to these General Conditions and any limitations specified in the Contract Documents. .02 The Contractor shall notify the Contract Administrator, in writing, of the intention to subcontract. Such notification shall identify the part of the Work, and the Subcontractor with whom it is intended. .03 The Contract Administrator will, within 10 Days of receipt of such notification, accept or reject the intended Subcontractor. The rejection will be in writing and will 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 subsection GC 3.10 Subcontracting by the Contractor. .05 The Contractor shall preserve and protect the rights of the parties under the Contract with respect to that part of ' the Work to be performed under subcontract and shall, a) enter into agreements with the intended Subcontractors to require them to perform their work in accordance with the Contract Documents; and 1 b) be as fully responsible to the Owner for acts and omissions of the Contractor's Subcontractors and of persons directly or indirectly employed by them as for acts and omissions of persons directly employed by the Contractor. .06 The Owner's consent to subcontracting by the Contractor shall not be construed to relieve the Contractor from any obligation under the Contract and shall not impose any liability upon the Owner. Nothing contained in the Contract Documents shall create a contractual relationship between a Subcontractor and the Owner. GC 3.11 Changes GC 3.11.01 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 Directive. Upon the receipt of such Change Directive the Contractor shall proceed with the Change in the Work. .02 The Contractor may apply for an extension of Contract Time according to the terms of subsection GC 3.07, Extension of Contract Time. .03 If the Changes in the Work relate solely to quantities, payment for that part of the Work will be made according ' to the conditions specified in clause GC 8.01.02, Variations in Tender Quantities. If the Changes in the Work do not solely relate to quantities, payment may be negotiated pursuant to subsection GC 3.14, Claims, Negotiations, Mediation or payment may be made according to the conditions contained in clause GC 8.02.04, Payment on a Time and Material Basis. 1 1 Rev Date: September 1999 Page 10 OPS General Conditions of Contract GC 3.11.02 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 Directive. Upon receipt of such Change Directive the Contractor shall proceed with the Extra Work. .02 The Contractor may apply for an extension of Contract Time according to the terms of subsection GC 3.07, , Extension of Contract Time. .03 Payment for the Extra Work may be negotiated pursuant to subsection GC 3.14, Claims, Negotiations, Mediation, or payment may be made according to the conditions contained in clause GC 8.02.04, Payment on a Time and Material Basis. GC 3.11.03 Additional Work 1 .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 3.07, Extension of Contract Time. .03 Payment for the Additional Work may be negotiated pursuant to subsection GC 3.14, Claims, Negotiations, Mediation, or payment may be made according to the conditions contained in clause GC 8.02.04, Payment on a I I Time and Material Basis. GC 3.12 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 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 mailing addresses, telephone numbers and facsimile terminal numbers for the Contract Administrator and the Superintendent at the commencement of the Work. .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. 1 .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. GC 3.13 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 t 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 will 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. 1 Rev Date: September 1999 Page 11 OPS General Conditions of Contract 1 1 GC 3.14 Claims, Negotiations, Mediation GC 3.14.01 Continuance of the Work .01 Unless the Contract has been terminated or completed, the Contractor shall in every case, after serving or receiving any notification of a claim or dispute, verbal or written, continue to proceed with the Work with due diligence and expedition. It is understood by the parties that such action will not jeopardize any claim it may have. 1 GC 3.14.02 Record Keeping .01 Immediately upon commencing work which 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 will 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 reconcile their respective Daily Work Records on a daily basis, to simplify review of the claim, when submitted. .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 3.14.03 Claims Procedure .01 The Contractor shall give verbal notice of any situation which may lead to a claim for additional payment 1 immediately upon becoming aware of the situation. .02 The Contractor shall provide written notice in the standard form "Notice of Intent to Claim" within 7 Days of the commencement of any part of the Work which may be affected by the situation. .03 The Contractor shall submit detailed claims as soon as reasonably possible and in any event no later than 30 Days after completion of the work affected by the situation. The detailed claim shall: a) identify the item or items in respect of which the claim arises; b) state the grounds, contractual or otherwise, upon which the claim is made; and c) include the Records maintained by the Contractor supporting such claim. In exceptional cases the 30 Days may be increased to a maximum of 90 Days with approval in writing from the Contract Administrator. .04 Within 30 Days of the receipt of the Contractor's detailed claim, the Contract Administrator may request the Contractor to submit any further and other particulars as the Contract Administrator considers necessary to assess the claim. The Contractor shall submit the requested information within 30 Days of receipt of such request. .05 Within 90 Days of receipt of the detailed claim, the Contract Administrator shall advise the Contractor, in 1 writing, of the Contract Administrator's opinion with regard to the validity of the claim. GC 3.14.04 Negotiations .01 The parties shall make all reasonable efforts to resolve their dispute by amicable negotiations and agree to provide, without prejudice, open and timely disclosure of relevant facts, information, and documents to facilitate these negotiations. .02 Should the Contractor disagree with the opinion given in paragraph GC 3.14.03.05, with respect to any part of the claim, the Contract Administrator shall enter into negotiations with the Contractor to resolve the matters in dispute. Where a negotiated settlement cannot be reached and it is agreed that payment cannot be made on a Time and Material basis in accordance with clause GC 8.02.04, Payment on a Time and Material Basis, the parties shall proceed in accordance with clause GC 3.14.05, Mediation, or subsection GC 3.15, Engineering Arbitration. 1 1 Rev Date: September 1999 Page 12 OPS General Conditions of Contract 1 GC 3.14.05 Mediation .01 If a claim is not resolved satisfactorily through the negotiation stage noted in clause GC 3.14.04, Negotiations, within a period of 30 Days following the opinion given in paragraph GC 3.14.03.05, and the Contractor wishes to pursue the issue further, the parties may, upon mutual agreement, utilize the services of an independent third party mediator. .02 The mediator shall be mutually agreed upon by the Owner and Contractor. .03 The mediator shall be knowledgeable regarding the area of the disputed issue. The mediator shall meet with the parties together and separately, as necessary, to review all aspects of the issue. In a final attempt to assist the parties in resolving the issue themselves prior to proceeding to arbitration the mediator shall provide, without prejudice, a non - binding recommendation for settlement. .04 The review by the mediator shall be completed within 90 Days following the opinion given in paragraph GC 3.14.03.05. .05 Each party is responsible for its own costs related to the use of the third party mediator process. The cost of the third party mediator shall be equally shared by the Owner and Contractor. 1 GC 3.14.06 Payment .01 Payment of the claim will be made no later than 30 Days after the date of resolution of the claim or dispute. Such payment will be made according to the terms of Section GC 8.0, Measurement and Payment. GC 3.14.07 Rights of Both Parties 1 .01 It is agreed that no action taken under this subsection GC 3.14, 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. 1 GC 3.15 Engineering Arbitration GC 3.15.01 Conditions for Engineering Arbitration 1 .01 If a claim is not resolved satisfactorily through the negotiation stage noted in clause GC 3.14.04, Negotiations, or the mediation stage noted in clause GC 3.14.05, Mediation, either party may invoke the provisions of subsection GC 3.15, Engineering 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 paragraph GC 3.14.03.05. Where the use of a third party mediator was implemented, notification shall be within 120 Days of the opinion given in paragraph GC 3.14.03.05. .03 The parties shall be bound by the decision of the arbitrator. 1 .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 this 1 subsection GC 3.15, Engineering Arbitration. GC 3.15.02 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 will 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 will be arbitrated; and c) Before proceeding with the arbitration, the Contractor shall confirm that all matters in dispute are set out in the schedule. Rev Date: September 1999 Page 13 OPS General Conditions of Contract 1 1 GC 3.15.03 Appointment of Arbitrator .01 The arbitrator shall be mutually agreed upon by the Owner and Contractor to adjudicate the dispute. 1 .02 Where the Owner and Contractor cannot agree on a sole arbitrator within 30 Days of the notification of arbitration noted in paragraph GC 3.15.01.02, the Owner and the Contractor shall each choose an appointee within 37 Days of the notice of arbitration. .03 The appointees shall mutually agree upon an arbitrator to adjudicate the dispute within 15 Days after the last appointee was chosen or they shall refer the matter to the Arbitration and Mediation Institute of Ontario Inc. which will 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. 1 .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 which govern the trial of cases in court but may hear and consider any evidence which the arbitrator considers relevant. .07 The hearing will commence within 90 Days of the appointment of the arbitrator. GC 3.15.04 Costs .01 The arbitrator's fee shall be equally shared by the Owner and the Contractor. .02 The fees of any independent experts and any other persons appointed to assist the arbitrator shall be shared equally by the Owner and the Contractor. .03 The arbitration hearing shall be held in a place mutually agreed upon by both parties or in the event the parties do not agree, a site shall be chosen by the arbitrator. The cost of obtaining appropriate facilities shall be shared equally by the Owner and the Contractor. .04 The arbitrator may, in his or her discretion, award reasonable costs, related to the arbitration. GC 3.15.05 The Decision .01 The reasoned decision will 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 3.14.06, Payment. GC 3.16 Archaeological Finds .01 If the Contractor's operations expose any items which may indicate an archaeological find, such as building remains, hardware, accumulations of bones, pottery, or arrowheads, the Contractor shall immediately notify the 1 Contract Administrator and suspend operations within the area identified by the Contract Administrator. Notification may be verbal provided that such notice is confirmed in writing within 2 Days. Work shall remain suspended within that area until otherwise directed by the Contract Administrator in writing, in accordance with subsection GC 7.09, Suspension of Work. .02 Any delay in the completion of the Contract that is caused by such a suspension of Work will be considered to be beyond the Contractor's control in accordance with paragraph GC 3.08.01. 1 .03 Any work directed or authorized in connection with an archaeological find will be considered as Extra Work in accordance with clause GC 3.11.02, Extra Work. 1 1 Rev Date: September 1999 Page 14 OPS General Conditions of Contract 1 SECTION GC 4.0 - OWNER'S RESPONSIBILITIES AND RIGHTS 1 GC 4.01 Working Area .01 The Owner will acquire all property rights which are deemed necessary by the Owner for the construction of the 1 Work, including temporary working easements, and will indicate the full extent of the Working Area on the Contract Drawings. .02 The Geotechnical Report and Subsurface Report which will be provided by the Owner as part of the tender documents shall form part of the Contract Drawings. GC 4.02 Approvals and Permits 1 .01 The Owner will pay for all plumbing and building permits. .02 The Owner will obtain and pay for all permits, licenses and certificates solely required for Project approval. GC 4.03 Management and Disposition of Materials .01 The Owner will identify in the Contract Documents the materials to be moved within or removed from the Working Area, and any characteristics of those materials which will necessitate special materials management and disposition. 1 .02 In accordance with regulations under the Occupational Health and Safety Act, R.S.O. 1990, c.O.1, as amended, the Owner advises that 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 is present in asbestos 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 will 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 which are in addition to those listed in paragraph GC 4.03.02, or not clearly identified in the Contract Documents according to paragraph GC 4.03.03, then verbal notice will be provided to the other party immediately with written confirmation within 2 Days. The Contractor will stop work in the area immediately and will determine the necessary steps required to complete the work in accordance with applicable legislation and regulation. .05 The Owner will 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. .06 Prior to commencement of the Work, the Owner will provide to the Contractor a list of those products controlled 1 under the Workplace Hazardous Materials Information System or WHMIS, which the Owner will supply or use on the Contract, together with copies of the Materials Safety Data Sheets for these products. All containers used in the application of products controlled under WHMIS shall be labelled. The Owner will notify the Contractor in writing of changes to the list and provide relevant Material Safety Data Sheets. GC 4.04 Construction Affecting Railway Property .01 The Owner will 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. Rev Date: September 1999 Page 15 OPS General Conditions of Contract 1 1 1 GC 4.05 Default by the Contractor .01 The Contractor shall be in default of the Contract if, a) the Contractor fails to commence the Work or execute the Work properly or otherwise fails to comply with the requirements of the Contract to a substantial degree; or b) if the Contractor 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. ' GC 4.06 Notification of Default .01 The Owner will give written notice of a default to the Contractor as soon as the Owner becomes aware of the alleged default but failure to give such notice in a timely way shall not constitute condonation of the default. The notice will include instructions to correct the default within 5 Working Days. GC 4.07 Contractor's Right to Correct a Default .01 The Contractor shall have the right within the 5 full Working Days following the receipt of a notice of default to ' correct the default and provide the Owner with satisfactory proof that appropriate corrective measures have been taken. .02 If the correction of the default cannot be completed within the 5 full Working Days following receipt of the notice, the Contractor shall not be in default if the Contractor, a) commences the correction of the default within the 5 full Working Days following receipt of the notice; b) provides the Owner with an acceptable schedule for the progress of such correction; and c) completes the correction in accordance with such schedule. GC 4.08 Owner's Right to Correct Default .01 If the Contractor fails to correct the default within the time specified in subsection GC 4.07, 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 4.09 Termination of Contractor's Right to Continue the Work 1 .01 Where the Contractor fails to correct a default within the time specified in subsection GC 4.07, 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 will 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 the Equipment of the Contractor and any Material within the Working Area which is intended to be incorporated into the Work, the whole subject to the right of third parties; c) withhold further payments to the Contractor with respect to the Work or the portion of the Work withdrawn from the Contractor until the Work or portion thereof withdrawn is completed; d) charge the Contractor the additional cost over the Contract price of completing the Work or portion 1 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 7.15, Warranty; f) charge the Contractor for any damages the Owner may have 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 7.15, Warranty, exceeds the allowance provided for such corrections. Rev Date: September 1999 Page 16 OPS General Conditions of Contract 1 GC 4.10 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 4.09, Termination of Contractor's Right to Continue the Work, the Owner will pay the balance to the Contractor as soon as the final accounting for the Contract is complete. 1 GC 4.11 Termination of the Contract .01 Where the Contractor is in default of the Contract the Owner may, without prejudice to any other right or 1 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 will provide the Contractor and the trustee or receiver with a complete accounting to the date of termination. GC 4.12 Continuation of Contractor's Obligations 1 .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 ternnation. GC 4.13 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 this Section shall be exercised in accordance with the conditions of the Performance Bond. 1 1 1 I 1 1 I I 1 Rev Date: September 1999 Page 17 OPS General Conditions of Contract 1 1 1 SECTION GC 5.0 - MATERIAL GC 5.01 Supply of Material .01 All Material necessary for the proper completion of the Work, except that listed as being supplied by the Owner, shall be supplied by the Contractor. The Contract price for the appropriate tender items shall be deemed to include full compensation for the supply of such Material. I GC 5.02 Quality of Material I .01 All Material supplied by the Contractor shall be new or unless otherwise specified in the Contract Documents. .02 Material supplied by the Contractor shall conform to the requirements of the Contract. I .03 As specified or as requested by the Contract Administrator, the Contractor shall make available for inspection or testing a sample of any Material to be supplied by the Contractor. I .04 The Contractor shall obtain for the Contract Administrator the right to enter upon the premises of the Material manufacturer or supplier to carry out such inspection, sampling and testing as specified or a requested by the Contract Administrator. I .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. I .06 The Owner will 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. I .07 The Contractor shall not change the source of supply of any Material without the written authorization of the Contract Administrator. 1 .08 Material which 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. 1 GC 5.03 Rejected Material .01 Rejected Material shall be removed from the Working Area expeditiously after the notification to that effect I 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. I GC 5.04 Substitutions I .01 Where the specifications 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, which shall be regarded as the standard of quality required by the specification. 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 I 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. I .02 Rulings on a proposed substitution will 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 will be made at the discretion of the Contract Administrator. 1 1 Rev Date: September 1999 Page 18 OPS General Conditions of Contract 1 .03 If the proposed substitution is approved by the Contract Administrator, the Contractor shall be entitled to the 1 first $1000 of the aggregate saving in cost by reason of such substitution and to 50% of any additional saving in cost in excess of such $1000. 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 1 .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 111 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 which 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 will be assumed that the shipment arrived in good order and any damage or deficiencies reported thereafter shall be made good by the Contractor at no extra cost to the Owner. .04 The full amount of Material supplied by the Owner in each shipment shall be accounted for by the Contractor 1 and such Material shall be at the risk of the Contractor after taking delivery. Such Material shall not, except with the written permission of the Contract Administrator, be used by the Contractor for purposes other than the performance of the Work under the Contract. .05 Empty reels, crates, containers and other type of packaging from Material supplied by the Owner shall become the property of the Contractor when they are no longer required for their original purpose and shall be disposed of by the Contractor unless otherwise specified in the Contract Documents. .06 The Contractor shall provide the Contract Administrator, immediately upon receipt of each shipment, copies of bills of lading, or such other documentation the Contract Administrator may require to substantiate and reconcile the quantities of Material received. .07 Where Material supplied by the Owner is ordered and stockpiled prior to the award of the Contract, the Contractor shall, at no extra cost to the Owner, immediately upon commencement of operations, check the Material, report any damage or deficiencies to the Contract Administrator and take charge of the Material at the stockpile site. Where damage or deficiencies are not so recorded by the Contractor it shall be assumed that the stockpile was in good order when the Contractor took charge of it and any damage or deficiencies reported thereafter shall be made good by the Contractor at no extra cost to the Owner. 1 Rev Date: September 1999 Page 19 OPS General Conditions of Contract 111 1 1 SECTION GC 6.0 - INSURANCE, PROTECTION AND DAMAGE GC 6.01 Protection of Work, Persons and Property 1 .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, and shall be responsible for all losses and damage which may arise as the result of the Contractor's operations under the Contract 1 unless indicated to the contrary below. .02 The Contractor is responsible for the full cost of any necessary temporary provisions and the restoration of all I 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 shall be administered according to these General Conditions. I .03 The Contractor shall immediately inform the Contract Administrator of all damage and injuries which occur during the term of the Contract. I .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 I d) acts or omissions of the Owner, the Contract Administrator, their agents and employees, or others not under the control of the Contractor, but within the Working Area with the Owner's permission. I .05 The Contractor and his Surety or Sureties 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. 1 GC 6.02 Indemnification .01 The Contractor shall indemnify and hold harmless the Owner and the Contract Administrator, their agents, I 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 I property; b) caused by negligent acts or omissions of the Contractor or anyone for whose acts the Contractor may be liable; and I 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 from the date of certification of Final Acceptance. 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. I .03 The Owner expressly waives the right to indemnity for claims other than those stated above in paragraphs GC 6.02.01 and GC 6.02.02. I .04 The Owner shall indemnify and hold harmless the Contractor, his 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 which are attributable to a lack of or defect in title or an alleged lack of or I defect in title to the Working Area. .05 The Contractor expressly waives the right to indemnity for claims other than those stated above in paragraph GC 6.02.04. 1 I Rev Date: September 1999 Page 20 OPS General Conditions of Contract i 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 will only apply when so specified in the Contract Documents. GC 6.03.02 General Liability Insurance ' .01 General liability insurance shall be in the name of the Contractor, with the Owner and the Contract Administrator named as additional insureds, with limits of not less than 5 million dollars inclusive per occurrence 1 for bodily injury, death, and damage to property including loss of use thereof, with a property damage deductible of not more than $5000. The form of this insurance shall be the Insurance Bureau of Canada Form IBC 2100, dated 8- 87. .02 Another form of insurance equal to or better than that required in IBC Form 2100 may be used, provided all the requirements listed in the Contract are included. Approval of this insurance will 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 insurance shall be maintained continuously from the commencement of the Work until 12 months following the date of Substantial Performance of the Work, as set out in the Certificate of Substantial Performance of the Work, or until the Final Acceptance Certificate is issued, whichever is later, and with respect to completed operations coverage for a period of not less than 24 months from the date of Final Acceptance of the Work as set out in the Final Acceptance Certificate, and thereafter to be maintained for a further period of 4 years. 1 .04 The Contractor shall submit annually to the Owner, proof of continuation of the completed operations coverage and if the Contractor fails to do so, the limitation period for claiming indemnity described in paragraph GC 6.02.01 ' c), will not be binding on the Owner. .05 Should the Contractor decide not to employ Subcontractors for operations requiring the use of explosives for blasting, or pile driving or caisson work, or removal or weakening of support of property building or land, IBC Form 2100 as required shall include the appropriate endorsements. .06 The policies shall be endorsed to provide the Owner with not less than 30 Days' written notice in advance of cancellation, change or amendment restricting coverage. .07 "Claims Made" insurance policies will 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 5 million dollars inclusive per occurrence for bodily injury, death and damage to property, in the following forms endorsed to provide the Owner with not less than 30 Days' written notice in advance of any cancellation, change or amendment restricting coverage: a) standard non -owned automobile policy including standard contractual liability endorsement, and b) standard owner's form automobile policy providing third party liability and accident benefits insurance and covering licensed vehicles owned or operated by the Contractor. GC 6.03.04 Aircraft and Watercraft Liability Insurance .01 Aircraft and watercraft liability insurance with respect to owned or non -owned aircraft and watercraft if used directly or indirectly in the performance of the Work, including use of additional premises, shall be subject to limits of not less than 5 million dollars inclusive per occurrence for bodily injury, death, and damage to property including loss of use thereof, and limits of not less than 5 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. Rev Date: September 1999 Page 21 OPS General Conditions of Contract 1 1 1 GC 6.03.05 Property and Boiler Insurance GC 6.03 .05.01 Property Insurance 01 All r isks property insurance sha ll 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 Supplemental General Conditions, of Material that is specified to be provided 1 by the Owner for incorporation into the Work, with a deductible not exceeding 1% of the amount insured at the site of the Work. This insurance shall be in a form acceptable to the Owner and shall be maintained continuously until 10 Days after the date of Final Acceptance of the Work, as set out in the Final Acceptance Certificate. 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 m a form acceptable to the Owner. This insurance shall be maintained continuously from commencement of use or operation of the property insured until 10 Days after the date of Final Acceptance of the Work, as set out in the Final Acceptance Certificate. 1 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 will give 30 Days' written notice to the Contractor of the intended purpose and extent of such use or occupancy. Prior to such use or occupancy the Contractor shall notify the Owner in writing of the additional premium cost, if any, to maintain property and boiler insurance, which shall be at the Owner's expense. If because of such use or occupancy 1 the Contractor is unable to provide coverage, the Owner upon written notice from the Contractor and prior to such use or occupancy shall provide, maintain and pay for property and boiler insurance insuring the full value of the Work, including coverage for such use or occupancy, and shall provide the Contractor with proof of such insurance. The Contractor shall refund to the Owner the unearned premiums applicable to the Contractor's policies upon termination of coverage. .02 The policies shall provide that, in the event of a loss or damage, payment shall be made to the Owner and the Contractor as their respective interests may appear. The Contractor shall act on behalf of both the Owner and the Contractor for the purpose of adjusting the amount of such loss or damage payment with the insurers. When the extent of the loss or damage is determined the Contractor shall proceed to restore the Work. Loss or damage shall not affect the rights and obligations of either party under the Contract except that the Contractor shall be entitled to such reasonable extension of Contract Time relative to the extent of the loss or damage as the Contract Administrator may decide in consultation with the Contractor. 1 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 machinery and equipment used by the Contractor for the performance of the Work, including boiler insurance on temporary boilers and pressure vessels, shall be in a form acceptable to the Owner and shall not allow subrogation claims by the insurer against the Owner. 1 Rev Date: September 1999 Page 22 OPS General Conditions of Contract 1 The policies shall be endorsed to provide the Owner with not less than 30 Days' written notice in advance of cancellation, change or amendment restricting coverage Subject to satisfactory proof of financial capability by the Contractor for self - insurance of the Contractor's Equipment, the Owner agrees to waive the equipment insurance requirement, and for the purpose of this Contract, the Contractor shall be deemed to be insured. This policy shall be amended to provide permission for the Contractor to grant prior releases with respect to damage to the Contractor's Equipment. GC 6.03.07 Insurance Requirements and Duration .01 Unless specified otherwise the duration of each insurance policy shall be from the date of commencement of the Work until 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 an officer of the Contractor and either the underwriter or the broker. .03 The Contractor shall, on request, promptly provide the Owner with a certified true copy of each insurance policy exclusive of information pertaining to premium or premium bases used by the insurer to determine the cost of the insurance. The certified true copy shall include a signature by an officer of the Contractor and in addition, a signature by an officer of the insurer or the underwriter or the broker. , .04 Where a policy is renewed the Contractor shall provide the Owner, on a form acceptable to the Owner, renewed proof of insurance immediately following completion of renewal. .05 Unless specified otherwise the Contractor shall be responsible for the payment of deductible amounts under the policies. .06 If the Contractor fails to provide or maintain insurance as required in subsection GC 6.03, Contractor's Insurance, or elsewhere in the Contract Documents, then the Owner will have the right to provide and maintain such insurance and give evidence thereof to the Contractor. The Owner's cost thereof shall be payable by the Contractor to the Owner on demand. .07 If the Contractor fails to pay the cost of the insurance placed by the Owner within 30 Days of the date on which the Owner made a formal demand for reimbursement of such costs the Owner may deduct the costs thereof from 111 monies which are due or may become due to the Contractor. GC 6.04 Bonding .01 The Contractor shall provide the Owner with the surety bonds in the amount required by the tender documents. .02 Such bonds shall be issued by a duly licensed surety company authorized to transact a business of suretyship in 1 the Province of Ontario and shall be maintained in good standing until the fulfilment of the Contract. 1 1 1 1 Rev Date: September 1999 Page 23 OPS General Conditions of Contract , SECTION GC 7.0 - CONTRACTOR'S RESPONSIBILITIES AND CONTROL OF THE WORK GC 7.01 General .01 The Contractor warrants that the site of the Work has been visited during the preparation of the Tender and the character of the Work and all local conditions which may affect the performance of the Work are known. .02 The Contractor shall not commence the Work nor deliver anything to the Working Area until the Contractor has received a written order to commence the Work, signed by the Contract Administrator. ' .03 The Contractor shall have complete control of the Work and shall effectively direct and supervise the Work so as to ensure conformity with the Contract Documents. The Contractor shall be responsible for construction means, methods, techniques, sequences and procedures and for coordinating the various parts of the Work. 1 .04 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. .05 Notwithstanding paragraph GC 7.01.04, 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. .06 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 (the "Act ") and Ontario Regulation 213/91 (which regulates Construction Projects) and any other regulations under the Act (the "Regulations ") which may affect the performance of the Work, as the "constructor" or "employer ", as defined by the Act, as the case may be. The Contractor shall ensure that: a) worker safety is given first priority in planning, pricing and performing the Work; ' b) its officers and supervisory employees have a working knowledge of the duties of a "constructor" and employer" as defined by the Act and the provisions of the Regulations applicable to the Work, and a personal commitment to comply with them; c) a copy of the most current version of the Act and the Regulations are available at the Contractor's office 1 within the Working Area, or, in the absence of an office, in the possession of the supervisor responsible for the performance of the Work; d) workers employed to carry out the Work possess the knowledge, skills and protective devices required by law or recommended for use by a recognized industry association to allow them to work in safety; e) its supervisory employees carry out their duties in a diligent and responsible manner with due consideration for the health and safety of the workers; and f) all Subcontractors and their employees are properly protected from injury while they are at the work place. .07 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 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 which 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. .08 Prior to commencement of the Work the Contractor shall provide to the Contract Administrator a list of those products controlled under the Workplace Hazardous Materials Information System or WHMIS, which the Contractor expects to use on the Contract. Related Materials Safety Data Sheets shall accompany the submission. All containers used in the application of products controlled under WHMIS shall be labelled. The Contractor shall ' notify the Contractor Administrator of changes in writing and provide relevant Material Safety Data Sheets. Rev Date: September 1999 Page 24 OPS General Conditions of Contract i .09 The Contractor shall have an authorized representative on the site while any work is being performed, to act for 111 or on the Contractor's behalf. Prior to commencement of construction, the Contractor shall notify the Contract Administrator of the names, addresses, positions and telephone numbers of the Contractor's representatives who can be contacted at any time to deal with matters relating to the Contract. .10 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. .11 The Contractor shall prepare, and update as required, a construction schedule indicating the timing of the major and critical activities of the Work. The schedule shall be designed to ensure conformity with the specified Contract Time. The schedule shall be submitted to the Contract Administrator within 14 Days from the date of the Contract award. .12 Where the Contractor finds any error, inconsistency or omission relating to the Contract, the Contractor shall promptly report it to the Contract Administrator and shall not proceed with the activity affected until receiving direction from the Contract Administrator. .13 The Contractor shall arrange with the appropriate utility authorities for the stake out of all underground utilities ' and service connections which may be affected by the Work. The Contractor shall be responsible for any damage done to the underground utilities by the Contractor's forces during construction if the stake out locations are within the tolerances given in paragraph GC 2.01.01a). GC 7.02 Layout .01 Prior to commencement of construction, the Contract Administrator and the Contractor will locate on site those property bars, baselines and benchmarks which are necessary to delineate the Working Area and to lay out the Work, all as shown on the Contract Drawings. .02 The Contractor shall be responsible for the preservation of all property bars while the Work is in progress, , except those property bars which must be removed to facilitate the Work. Any other property bars disturbed, damaged or removed by the Contractor's operations shall be replaced by an Ontario Land Surveyor, at the Contractor's expense. .03 At no extra cost to the Owner, the Contractor shall provide the Contract Administrator with such materials and devices as may be necessary to lay out the baseline and benchmarks, and as may be necessary for the inspection of the Work. .04 The Contractor shall provide qualified personnel to lay out and establish all lines and grades necessary for construction. The Contractor shall notify the Contract Administrator of any layout work carried out, so that the same may be checked by the Contract Administrator. .05 The Contractor shall install and maintain substantial alignment markers and secondary benchmarks as may be required for the proper execution of the Work. The Contractor shall supply one copy of all alignment and grade sheets to the Contract Administrator. .06 The Contractor shall assume full responsibility for alignment, elevations and dimensions of each and all parts of 1 the Work, regardless of whether the Contractor's layout work has been checked by the Contract Administrator. .07 All stakes, marks and reference points provided by the Contract Administrator shall be carefully preserved by the Contractor. In the case of their destruction or removal as a result of the Contractor's operations, such stakes, marks and reference points will be replaced by the Contract Administrator at the Contractor's expense. 1 Rev Date: September 1999 Page 25 OPS General Conditions of Contract 1 1 1 GC 7.03 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 I 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. I GC 7.04 Excess Loading of Motor Vehicles I .01 Where a vehicle is hauling Material for use on the Work, in whole or in part upon a Highway, and where motor vehicle registration is required for such vehicle, the Contractor shall not cause or permit such vehicle to be loaded beyond the legal limit specified in the Highway Traffic Act, R.S.O. 1990, c.H.8, as amended, whether such vehicle is registered in the name of the Contractor or otherwise, except where there are designated areas within the Working 1 Area where overloading is permitted. The Contractor shall bear the onus of weighing disputed loads. GC 7.05 Condition of the Working Area I .01 The Contractor shall maintain the Working Area in a tidy condition and free from the accumulation of debris, other than that caused by the Owner or others. 1 GC 7.06 Maintaining Roadways and Detours .01 Where an existing Roadway is affected by construction, it shall be kept open to traffic, and the Contractor shall, I except as otherwise provided in this subsection, be responsible for providing and maintaining for the duration of the Work, a road through the Working Area, whether along an existing Highway, including the road under construction, or on detours within or adjacent to the Highway, in accordance with the MUTCD. I .02 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 deicing I chemicals or abrasives or carry out snowplowing. .03 Where localized and separated sections of the Highway only are affected by the Contractor's operations, the Contractor will not be required to maintain intervening sections of the Highway until such times as these sections 1 are located within the limits of the Highway affected by the Contractor's general operations under the Contract. .04 Where the Contract Documents provide for or the Contract Administrator requires detours at specific locations, 1 payment for the construction of the detours, and if required, for the subsequent removal of the detours, will be made at the Contract prices appropriate to such work. .05 The Contractor shall maintain, in a satisfactory condition for traffic, a road through the Working Area, at the I Owner's expense. The road through the Working Area will include any detour constructed in accordance with the Contract Documents or required by the Contract Administrator. 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, I 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 will be made. I .06 Where work under the Contract is discontinued for any extended period including seasonal shutdown, the Contractor shall, when directed by the Contract Administrator, open and place the Roadway and detours in a passable, safe and satisfactory condition for public travel. I .07 Where the Contractor constructs a detour which 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 I geometric standards approved by the Contract Administrator. Removal and site restoration shall be performed as directed by the Contract Administrator. 1 Rev Date: September 1999 Page 26 OPS General Conditions of Contract .08 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 MUTCD. .09 Compliance with the foregoing provisions shall in no way relieve the Contractor of obligations under subsection 111 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 Services i .01 The Contractor shall provide at all times, and at no extra cost to the Owner, a) adequate pedestrian and vehicular access; and b) continuity of Utility 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, and water and , gas valves 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, licenses, and certificates which at the date of tender closing, are required for the performance of the Work. .02 The Contractor shall arrange for all necessary inspections required by the approvals and permits specified in 111 paragraph GC 7.08.01. GC 7.09 Suspension of Work .01 The Contractor shall, upon written notice from the Contract Administrator, discontinue or delay any or all of the Work and work shall not be resumed until the Contract Administrator so directs in writing. Delays, in these circumstances, will be administered according to subsection GC 3.08, Delays. GC 7.10 Contractor's Right to Stop the Work or Terminate the Contract .01 If the Owner is adjudged bankrupt or makes a general assignment for the benefit of creditors because of insolvency or if a receiver is appointed because of insolvency, the Contractor may, without prejudice to any other right or remedy the Contractor may have, by giving the Owner or receiver or trustee in bankruptcy written notice, terminate the Contract. .02 If the Work is stopped or otherwise delayed for a period of 30 Days or more under an order of a court or other public authority and provided that such order was not issued as the result of an act or fault of the Contractor or of anyone directly employed or engaged by the Contractor, the Contractor may, without prejudice to any other right or remedy the Contractor may have, by giving the Owner written notice, terminate the Contract. .03 The Contractor may notify the Owner in writing, with a copy to the Contract Administrator, that the Owner is in default of contractual obligations if, a) the Contract Administrator fails to issue certificates in accordance with the provisions of Section GC 8.0, Measurement and Payment; b) the Owner fails to pay the Contractor, within 30 Days of the due dates identified in clause GC 8.02.03, Certification and Payment, the amounts certified by the Contract Administrator or within 30 Days of an award by an arbitrator or court; or c) the Owner violates the requirements of the Contract. Rev Date: September 1999 Page 27 OPS General Conditions of Contract 1 ' .04 The Contractor's written notice to the Owner shall advise that if the default is not corrected in the 7 Days immediately following the receipt of the written notice the Contractor may, without prejudice to any other right or remedy the Contractor may have, stop the Work or terminate the Contract. ' .05 If the Contractor terminates the Contract under the conditions set out in this subsection, 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 work is carried out which may affect the property or operations of any Ministry or agency of government or any person, company, partnership or corporation, including a municipal corporation or any board or commission thereof, and in addition to such notices of the commencement of specified operations as are prescribed elsewhere in the Contract Documents, the Contractor shall give at least 48 hours advance written notice of the date of commencement of such work to the person, company, partnership, corporation, board, or commission so affected. .02 In the case of damage to, or interference with any utilities, pole lines, pipe lines, conduits, farm tiles, or other public or privately owned works or property, the Contractor shall immediately notify the Owner and the Contract Administrator of the location and details of such damage or interference. GC 7.12 Obstructions r .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 a 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 specifications and the location so shown is within the tolerance specified in paragraph GC 2.01.01 a), or unless the presence and location of the obstruction has otherwise been made known to the Contractor ' or could have been determined by the visual site investigation made by the Contractor in accordance with these General Conditions. .03 During the course of the Contract, it is the Contractor's responsibility to consult with Utility companies or other appropriate authorities for further information in regard to the exact location of these Utilities, to exercise the necessary care in construction operations, and to take such other precautions as are necessary to safeguard the Utility from damage. GC 7.13 Limitations of Operations .01 Except for such work as may be required by the Contract Administrator to maintain the Work in a safe and satisfactory condition, the Contractor shall not carry on operations under the Contract on Sundays without permission in writing from the Contract Administrator. .02 The Contractor shall cooperate with other Contractors, Utility companies and the Owner and they shall be allowed access to their work or plant at all reasonable times. GC 7.14 Cleaning Up Before Acceptance ' .01 Upon attaining Substantial Performance of the Work, the Contractor shall remove surplus materials, tools, construction machinery and equipment not required for the performance of the remaining Work. The Contractor shall also remove all temporary works and debris other than that caused by the Owner, or others and leave the Work and Working Area clean and suitable for occupancy by the Owner unless otherwise specified. .02 The Work shall not be deemed to have reached Completion until the Contractor has removed surplus materials, tools, construction machinery and equipment. The Contractor shall also have removed debris, other than that caused by the Owner, or others. Rev Date: September 1999 Page 28 OPS General Conditions of Contract 1 GC 7.15 Warranty .01 The Contractor shall be responsible for the proper performance of the Work only to the extent that the design and specifications 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 which appear, a) prior to and during the period of 12 months from the date of Substantial Performance of the Work, as set out in the Certificate of Substantial Performance of the Work, b) where the work is completed after the date of Substantial Performance, 12 months after Completion of the Work, c) where there is no Certificate of Substantial Performance, 12 months from the date of Completion of the Work as set out in the Completion Certificate, or d) such longer periods as may be specified for certain Materials or some of the Work. The Contract Administrator will promptly give the Contractor written notice of observed defects or deficiencies. .03 The Contractor shall correct or pay for damage resulting from corrections made under the requirements of paragraph GC 7.15.02. 1 1 1 1 1 1 1 1 1 1 1 1 Rev Date: September 1999 Page 29 OPS General Conditions of Contract 1 1 SECTION GC 8.0 - MEASUREMENT AND PAYMENT GC 8.01 Measurement GC 8.01.01 Quantities .01 The Contract Administrator will make an estimate once a month, in writing, of the quantity of Work performed. The first estimate will be the quantity of Work performed since the Contractor commenced the Contract, and every subsequent estimate, except the final one, will be of the quantity of Work performed since the preceding estimate was made. The Contract Administrator will provide the copy of each estimate to the Contractor within 10 Days of the Cut -Off Date. .02 Such quantities for progress payments shall be construed and held to approximate. The final quantities for the issuance of the Completion Certificate shall be based on the measurement of Work completed. .03 Measurement of the quantities of the Work performed will be either by Actual Measurement or by Plan Quantity principles as indicated in the Contract. Adjustments to Plan Quantity measurements will 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. GC 8.01.02 Variations in Tender Quantities .01 Where it appears that the quantity of Work to be done and/or Material to be supplied by the Contractor under a unit price tender item will exceed or be less than the tender quantity, the Contractor shall proceed to do the Work and/or supply the Material required to complete the tender item and payment will be made for the actual amount of Work done and/or Material supplied 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 and/or Material supplied 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 and/or Material supplied 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 reasonable cost of doing the Work and/or supplying the Material under the tender item plus a reasonable allowance for profit and applicable overhead. b) In the case of a Major Item where the quantity of Work performed and/or Material supplied by the Contractor is less than 85% of the tender quantity, the Contractor may make a written request to negotiate for the portion of the actual overheads and fixed costs applicable to the amount of the underrun in excess of 15% of the tender quantity. For purposes of the negotiation, the overheads and fixed costs applicable to the item are deemed to have been prorated uniformly over 100% of the tender quantity for the item. Overhead costs shall be confirmed by a statement certified by the Contractor's senior financial officer or auditor and may be audited by the Owner. Alternatively, where both parties agree, an allowance equal to 10% of the unit price on the amount of the underrun in excess of 15% of the tender quantity will be paid. ' Written requests for compensation must be received no later than 60 Days after the issuance of the Completion Certificate. GC 8.02 Payment GC 8.02.01 Price for Work ' .01 Prices for the Work shall be full compensation for all labour, Equipment and Material required in its performance. The term "all labour, Equipment and Material" shall include Hand Tools, supplies and other incidentals. .02 Payment for work not specifically detailed as part of any one item and without specified details of payment will be deemed to be included in the items with which it is associated. Rev Date: September 1999 Page 30 OPS General Conditions of Contract 1 GC 8.02.02 Advance Payments for Material .01 The Owner will 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, in advance of receipt of the shipment of the Material, arrange for adequate and proper storage facilities and notify the Contract Administrator of their locations. b) The value of aggregates, processed and stockpiled, shall be assessed by the following procedure: i. Sources Other Than Commercial (1) Granular 'A', 'B' and 'M' shall be assessed at the rate of 60% of the Contract price. (2) Coarse and fine aggregates for hot mix asphaltic concrete, surface treatment and Portland cement concrete shall be assessed at the rate of 25% of the Contract price for each aggregate stockpiled. ii. Commercial Sources Payment for separated coarse and fine aggregates will 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 will not be made. c) Payment for all other materials, unless otherwise specified elsewhere in the Contract, shall be based on the invoice price, and the Contractor shall submit proof of cost to the Contract Administrator before payment can be made by the Owner. d) The payment for all Materials shall be prorated against the appropriate tender item by paying for sufficient units of the item to cover the value of the material. Such payment shall not exceed 80% of the Contract price for the item. e) All Materials for which the Contractor wishes to receive advance payment shall be placed in the designated storage location immediately upon receipt of the material and shall thenceforth be held by the Contractor intrust for the Owner as collateral security for any monies advanced by the Owner and for the due completion of the Work. The Contractor shall not exercise any act of ownership inconsistent with such security, or remove any Material from the storage locations, except for inclusion in the Work, without the consent, in writing, of the Contract Administrator. f) Such materials shall remain at the risk of the Contractor who shall be responsible for any loss, damage, theft, improper use or destruction of the material however caused. .02 Where the Owner makes advance payments subject to the conditions listed in paragraph GC 8.02.02.01, such payment shall not constitute acceptance of the Material by the Owner. Acceptance shall only be determined when the material meets the requirements of the appropriate specification. GC 8.02.03 Certification and Payment 1 GC 8.02.03.01 Progress Payment Certificate 111 .01 The value of the Work performed and Material supplied will be calculated once a month by the Contract Administrator in accordance with the Contract Documents and clause GC 8.01.01, Quantities. .02 The progress Payment Certificate will show, a) the quantities of Work performed; b) the value of Work performed; c) any advanced payment for Materials; d) the amount of statutory holdback, liens, Owner's set -off; e) the amount of GST as applicable; and f) the amount due the Contractor. .03 One copy of the progress Payment Certificate will be sent to the Contractor. 1 .04 Payment will be made within 30 Days of the Cut -Off Date. 1 Rev Date: September 1999 Page 31 OPS General Conditions of Contract 1 GC 8.02.03.02 Certification of Subcontract Completion .01 Before the Work has reached the stage of Substantial Performance, the Contractor may notify the Contract 1 Administrator, in writing that a subcontract is completed satisfactorily and ask that the Contract Administrator certify the completion of such subcontract. .02 The Contract Administrator will issue a Certificate of Subcontract Completion if the subcontract has been 1 completed satisfactorily, and all required inspection and testing of the works covered by the subcontract have been carried out and the results are satisfactory. 1 .03 The Contract Administrator will 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 will give a copy of the certificate to the Contractor and to the Subcontractor concerned. 1 GC 8.02.03.03 Subcontract Statutory Holdback Release Certificate and Payment .01 Following receipt of the Certificate of Subcontract Completion, the Owner will release and pay the Contractor the statutory holdback retained in respect of the subcontract. Such release shall be made 46 Days after the date the 1 subcontract was certified complete and providing the Contractor submits the following to the Contract Administrator: a) a document satisfactory to the Contract Administrator that will 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; 1 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. 1 .02 Paragraph GC 8.02.03.03.01 d), will 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. 1 .04 Release of statutory holdback by the Owner in respect of a subcontract shall not relieve the Contractor, or the Contractor's Surety, of any of their responsibilities. ' GC 8.02.03.04 Certification of Substantial Performance .01 Upon application by the Contractor and where the Contract has been substantially performed the Contract Administrator will issue a Certificate of Substantial Performance. ' .02 The Contract Administrator will set out in the Certificate of Substantial Performance the date on which the Contract was substantially performed and within 7 Days after signing the said certificate the Contract Administrator 1 will provide a copy to the Contractor. .03 Upon receipt of a copy of the Certificate of Substantial Performance, the Contractor shall forthwith, as required by Section 32(1) Paragraph 5 of the Construction Lien Act, R.S.O. 1990, c.C.30, as amended, publish a copy of the ' certificate in a construction trade newspaper. Such publication shall include placement in the Daily Commercial News. .04 Where the Contractor fails to publish a copy of the Certificate of Substantial Performance as required above within 7 Days after receiving a copy of the certificate signed by the Contract Administrator, the Owner may publish a copy of the certificate at the Contractor's expense. ' .05 Except as otherwise provided for in Section 31 of the Construction Lien Act, the 45 -day lien period prior to the release of holdback as referred to in clause GC 8.02.03.05, Substantial Performance Payment and Statutory 1 Rev Date: September 1999 Page 32 OPS General Conditions of Contract Holdback Release Payment Certificates, shall commence from the date of publication of the Certificate of Substantial Performance as provided for above. GC 8.02.03.05 Substantial Performance Payment and Substantial Performance Statutory Holdback Release 1 Payment Certificates .01 When the Contract Administrator issues the Certificate of Substantial Performance the Contract Administrator will also issue the Substantial Performance Payment Certificate and the Substantial Performance Statutory Holdback Release Payment Certificate or where appropriate, a combined payment certificate. .02 The Substantial Performance Payment Certificate will show, a) the value of Work performed to the date of Substantial Performance; b) the value of outstanding or incomplete Work; c) the amount of the statutory holdback, allowing for any previous releases of statutory holdback to the Contractor in respect of completed subcontracts and deliveries of pre - selected equipment; d) the amount of maintenance security required; and e) the amount due the Contractor. .03 Payment of the amount certified will be made within 30 Days of the date of issuance of the payment certificate. ' .04 The Substantial Performance Statutory Holdback Release Payment Certificate will be a payment certificate releasing to the Contractor the statutory holdback due in respect of Work performed up to the date of Substantial Performance. Payment of such statutory holdback shall be due 46 Days after the date of publication of the Certificate of Substantial Performance but subject to the provisions of the Construction Lien Act and the submission by the Contractor of the following documents: a) a release by the Contractor in a form satisfactory to the Contract Administrator releasing the Owner from all further claims relating to the Contract, qualified by stated exceptions such as outstanding work or matters arising out of subsection GC 3.14, Claims, Negotiations, Mediation; b) a statutory declaration in a form satisfactory to the Contract Administrator that all liabilities incurred by the Contractor and the Contractor's Subcontractors in carrying out the Contract have been discharged except for statutory holdbacks properly retained; c) a satisfactory Certificate of Clearance from the Workplace Safety and Insurance Board; and d) proof of publication of the Certificate of Substantial Performance. GC 8.02.03.06 Certification of Completion .01 Upon application by the Contractor, and when the Contract reaches Completion, the Contract Administrator will issue a Completion Certificate. .02 The Contract Administrator will set out in the Completion Certificate the date on which the Work was completed 1 and within 7 Days of signing the said certificate the Contract Administrator will provide a copy to the Contractor. GC 8.02.03.07 Completion Payment and Completion Statutory Holdback Release Payment Certificates .01 When the Contract Administrator issues the Completion Certificate, the Contract Administrator will also issue the Completion Payment Certificate and the Completion Statutory Holdback Release Payment Certificate or where appropriate, a combined payment certificate. .02 The Completion Payment Certificate will show, a) measurement and value of Work at Completion; b) the amount of the further statutory holdback based on the value of further work completed over and above the value of work completed shown in the Substantial Performance Payment Certificate referred to above; and c) the amount due the Contractor. 1 Rev Date: September 1999 Page 33 OPS General Conditions of Contract 1 .03 The Completion Statutory Holdback Release Payment Certificate will be a payment certificate releasing to the Contractor the further statutory holdback. Payment of such statutory holdback shall be due 46 Days after the date of Completion of the Work as established by the Completion Certificate but subject to the provisions of the ' Construction Lien Act and the submission by the Contractor of the following documents: a) a release by the Contractor in a form satisfactory to the Contract Administrator releasing the Owner from all further claims relating to the Contract, qualified by stated exceptions where appropriate; b) a statutory declaration in a form satisfactory to the Contract Administrator that all liabilities incurred by the Contractor and the Contractor's Subcontractors in carrying out the Contract have been discharged, qualified by stated exceptions where appropriate; and c) a satisfactory Certificate of Clearance from the Workplace Safety and Insurance Board. GC 8.02.03.08 Interest .01 Interest due the Contractor is based on simple interest and is calculated using the applicable Rate of Interest. GC 8.02.03.09 Interest for Late Payment .01 Provided the Contractor has complied with the requirements of the Contract including all documentation requirements, when payment by the Owner to the Contractor for Work performed, or for release of statutory holdback, is delayed by the Owner, then the Contractor shall be entitled to receive interest on the outstanding payment at the Rate of Interest, if payment is not received on the dates set out below: ' a) Progress Payment Certificates: 30 Days after the Cut -Off Date; b) Certificate of Subcontract Completion: 30 Days after the date certified as the date on which the subcontract was completed; c) Subcontract Statutory Holdback Release Payment Certificate: 76 Days after the date on which the subcontract was completed; d) Substantial Performance Payment Certificate: 30 Days after the date of issuance of the certificate. e) Substantial Performance Statutory Holdback Release Payment Certificate: 76 Days after publication of the Payment Certificate of Substantial Performance; f) Completion Payment Certificate: 30 Days after the date certified as the date on which the Contract reached Completion; g) Completion Statutory Holdback Release Payment Certificate: 76 Days after the date certified as the date which the Work was completed. .02 If the Contractor has not complied with the requirements of the Contract, including all documentation ' requirements, prior to expiration of the time periods described in paragraph GC 8.02.03.09.01, interest will only begin to accrue when the Contractor has completed those requirements. GC 8.02.03.10 Interest for Negotiations and Claims .01 Except as hereinafter provided, where a notice of negotiation, notice of intent to claim and the subsequent claims are submitted in accordance with the time limits and/or procedure described by subsection GC 3.14, Claims, Negotiations, Mediation, the Owner will 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 will not commence until 30 Days after the satisfactory completion of that part of the Work. .02 Where the Contractor does not attempt to resolve the negotiation or the claim in an expeditious manner, interest shall be negotiable. ' .03 Where the Contractor fails to give notice of a claim within the time limit prescribed by subsection GC 3.14, Claims, Negotiations, Mediation, interest shall not be paid. ' .04 Where a Contractor fails to comply with the 30 -day time limit and the procedures prescribed in paragraph GC 3.14.03.03 for submission of claims, interest shall not be paid for the delay period. Rev Date: September 1999 Page 34 OPS General Conditions of Contract i GC 8.02.03.11 Owner's Set -Off .01 Pursuant to Section 12 of the Construction Lien Act, the Owner may retain from monies owing to the Contractor under this Contract an amount sufficient to cover any outstanding or disputed liabilities including the cost to remedy deficiencies, the reduction in value of substandard portions of the Work, claims for damages by third parties which have not been determined in writing by the Contractor's insurer, undetermined claims by the Owner under paragraph GC 8.01.02.01 a), any assessment due the Workplace Safety and Insurance Board and any monies to be paid to the workers in accordance with clause GC 8.02.06, Payment of Workers. .02 Under these circumstances the Owner will give the Contractor appropriate notice of such action. GC 8.02.03.12 Delay in Payment .01 The Owner shall not be deemed to be in default of the Contract provided any delay in payment does not exceed 30 Days from the due dates as defined in paragraph GC 8.02.03.09.01. GC 8.02.04 Payment on a Time and Material Basis GC 8.02.04.01 Definitions , .01 For the purpose of this clause 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 of 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. 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 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 incidental 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 which 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. Rev Date: September 1999 Page 35 OPS General Conditions of Contract 1 1 The 127 Rate: means the rate for a unit of equipment as listed in OPSS 127, Schedule of Rental Rates for Construction Equipment Including Model and Specification Reference, which is current at the time the work is carried out or for equipment which is not so listed, the rate which 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, 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 1 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 m a fully operable condition. GC 8.02.04.02 Daily Work Records .01 Daily Work Records prepared as the case may be by either the Contractor's representative or the Contract Administrator and reporting the labour and Equipment employed and the Material used on each Time and Material project, shall be reconciled and signed each day by both the Contractor's representative and the Contract Administrator. GC 8.02.04.03 Payment for Work .01 Payment as herein provided shall be full compensation for all labour, Equipment and Material to do the Work on a Time and Material Basis except where there is agreement to the contrary prior to the commencement of the Work on a Time and Material Basis. The payment adjustments on a Time and Material basis shall apply to each individual Change Order authorized by the Contract Administrator. ' GC 8.02.04.04 Payment for Labour 1 ' .01 The Owner will pay the Contractor for labour employed on each Time and Material project at 135% of the Cost of Labour up to $3000, then at 120% of any portion of the Cost of Labour in excess of $3000. .02 The Owner will make payment in respect of Payroll Burden for Work on a Time and Material Basis at the ' Contractor's actual cost of Payroll Burden. .03 At the Owner's discretion, an audit may be conducted in which case the actual Payroll Burden so determined shall be applied to all Time and Material work on the Contract. GC 8.02.04.05 Payment for Material ' .01 The Owner will pay the Contractor for Material used on each Time and Material project at 120% of the Cost of the Material up to $3000, then at 115% of any portion of the Cost of Material in excess of $3000. ' GC 8.02.04.06 Payment for Equipment GC 8.02.04.06.01 Working Time .01 The Owner will pay the Contractor for the Working Time of all equipment other than Rented Equipment and Operated Rented Equipment used on the Work on a Time and Material basis at The 127 Rates with a cost adjustment as follows: ' a) Cost $10,000 or less - no adjustment; b) Cost greater than $10,000 but not exceeding $20,000 - payment $10,000 plus 90% of the portion in excess of $10,000; and c) Cost greater than $ 20,000 - $19,000 plus 80% of the portion in excess of $20,000. Rev Date: September 1999 Page 36 OPS General Conditions of Contract 1 .02 The Owner will 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 will be waived when the Contract Administrator approves the invoice price prior to the use of the Rented Equipment. .03 The Owner will pay the Contractor for the Working Time of Operated Rented Equipment used on the Work on a Time and Material Basis at 110% of the Operated Rented Equipment invoice price approved by the Contract Administrator prior to the use of the equipment on the Work on a Time and Material Basis. GC 8.02.04.06.02 Standby Time .01 The Owner will 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 will pay reasonable costs for Rented Equipment where this is necessarily retained in the Working Area for extended periods agreed to by the Contract Administrator. This will 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 will include the Cost of Labour of operators or associated labourers who cannot be otherwise employed during the standby period or during the period of idleness caused by the circumstances giving rise to the Work on a Time and Material Basis. .03 The Contract Administrator may require Rented Equipment idled by the circumstances giving rise to the Work on Time and Material Basis to be returned to the lessor until the work requiring the equipment can be resumed. The Owner will pay such costs as 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 will be made by the Owner only in respect of the transporting units. When Equipment is moved under its own power it shall be deemed to be working. The method of moving Equipment and the rates shall be subject to the approval of the Contract Administrator. GC 8.02.04.07 Payment for Hand Tools .01 Notwithstanding any other provision of this Section, no payment shall be made to the Contractor for or in respect of Hand Tools or equipment that are tools of the trade. GC 8.02.04.08 Payment for Work By Subcontractors .01 Where the Contractor arranges for Work on a Time and Material Basis, or a part of it, to be performed by Subcontractors on a Time and Material basis and has received approval prior to the commencement of such work, in accordance with the requirements of subsection GC 3.10, Subcontracting by the Contractor, the Owner will pay the cost of Work on a Time and Material Basis by the Subcontractor calculated as if the Contractor had done the Work on a Time and Material Basis, plus a markup calculated on the following basis: a) 20% of the first $3,000; plus b) 15% of the amount from $3,000 to $10,000; plus c) 5% of the amount in excess of $10,000. .02 No further markup will 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 will be applied. GC 8.02.04.09 Submission of Invoices .01 At the start of the Work on a Time and Material Basis, the Contractor shall provide the applicable labour and Equipment rates not already submitted to the Contract Administrator during the course of such work. 1 Rev Date: September 1999 Page 37 OPS General Conditions of Contract 1 1 ' .02 Separate summaries shall be completed by the Contractor according to the standard form "Summary for Payment of Accounts on a Time and Material Basis ". Each summary shall include the order number and covering dates of the work and shall itemize separately 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 1 summary. .03 Each month the Contract Administrator will include with the monthly progress payment certificate, the costs of ' the Work on a Time and Material Basis incurred during the preceding month all in accordance with the contract administrative procedures and the Contractor's invoice of the Work on a Time and Material Basis. .04 The final "Summary for Payment of Accounts on a Time and Material Basis" shall be submitted by the �• Contractor within 60 Days after the completion of the Work on a Time and Material Basis. GC 8.02.05 Final Acceptance Certificate .01 After the acceptance of the Work the Contract Administrator will issue the Final Acceptance Certificate, or, where applicable, after the Warranty Period has expired. The Final Acceptance Certificate will not be issued until all known deficiencies have been adjusted or corrected, as the case may be, and the Contractor has discharged all t obligations under the Contract. GC 8.02.06 Payment of Workers ' .01 The Contractor shall, in addition to any fringe benefits, pay the workers employed on the Work in accordance with the labour conditions set out in the Contract and at intervals of not less than twice a month. I .02 The Contractor shall require each Subcontractor doing any part of the Work to pay the workers employed by the Subcontractor on the Work in accordance with paragraph GC 8.02.06.01. .03 Where any person employed by the Contractor or any Subcontractor or other person on the Work is paid less ' than the amount required to be paid under the Contract, the Owner may set off monies in accordance with clause GC 8.02.03.11, Owner's Set -Off. GC 8.02.07 Records .01 The Contractor shall maintain and keep accurate Records relating to the Work, Changes in the Work, Extra ' Work and claims arising therefrom. Such Records shall be of sufficient detail to support the total cost of the Work, Changes in the Work, and Extra Work. The Contractor shall preserve all such original Records until 12 months after the Final Acceptance Certificate is issued or until all claims have been settled, whichever is longer. The Contractor shall require that Subcontractors employed by the Contractor preserve all original Records pertaining to the Work, Changes in the Work, Extra Work and claims arising therefrom for a similar period of time. .02 If, in the opinion of the Contract Administrator, Daily Work Records are required, such records shall report the ' labour and Equipment employed and the Material used on any specific portion of the Work. The Daily Work Records shall be reconciled with and signed by the Contractor's representative each day. ' .03 The Owner may inspect and audit the Contractor's Records relating to the Work, Extra Work and Changes in the Work at any time during the period of the Contract. The Contractor shall supply certified copies of any part of its Records required whenever requested by the Owner. ' GC 8.02.08 Taxes and Duties .01 Where a change in Canadian Federal or Provincial taxes occurs after the date of tender closing for this Contract, and this change could not have been anticipated at the time of bidding, the Owner will increase or decrease Contract 1 payments to account for the exact amount of tax change involved. .02 Claims for compensation for additional tax cost shall be submitted by the Contractor to the Contract ' Administrator on forms provided by the Contract Administrator to the Contractor. Such claims for additional tax costs shall be submitted not less than 30 Days after the date of Final Acceptance. Rev Date: September 1999 Page 38 OPS General Conditions of Contract 1 .03 Where the Contractor benefits from a change in Canadian Federal or Provincial taxes, the Contractor shall 1 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 which impact upon commodities, which when left in place 1 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, which do not form part of the Work. GC 8.02.09 Liquidated Damages 1 .01 When liquidated damages are specified in the Contract and the Contractor fails to complete the Work in accordance with the Contract, the Contractor shall pay such amounts as are specified in the Contract Documents. 1 1 1 1 1 1 1 1 1 1 1 Rev Date: September 1999 Page 39 OPS General Conditions of Contract 1 A -1 ' CONTRACT NO. 02228 ' THIS AGREEMENT MADE IN TRIPLICATE THIS 4th ' DAY OF August, 2005 BETWEEN: Municipality of Kincardine (hereinafter called "the Owner ") 1475 Concession 5, R. R. 5 OF THE FIRST PART Kincardine, ON N2Z 2X6 II - and - ' Lavis Contracting Co. Limited R. R. 2 (hereinafter called "the Contractor ") OF THE SECOND PART Clinton, ON NOM 1L0 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: 1 Municipality of Kincardine, Tiverton and Kincardine Streetscape Projects, Contract No. 02228. ' b) The Contractor shall, except as otherwise specifically provided, at his own expense, provide all and every kind of labour, machinery, plant, structures, roads, ways, materials, appliances, articles and things necessary for the due execution and completion of all the work set out in this contract and shall forthwith according to the instructions of the Engineer commence the works and diligently execute the respective portions thereof and ' deliver the works complete in every particular to the Owner within the time specified. 1 ARTICLE 2 In case of any inconsistency or conflict between the provisions of this Agreement and the Plans, ' and Specifications or General Conditions, or Tender, or any other documents or writing, the provisions of such documents shall take precedence and govern in the following order; namely, i A -2 ' a) Agreement b) Addenda ' c) Special Provisions d) Contract Drawings ' e) Information to Bidders f) Standard Specifications g) Standard Drawings ' h) i) Form of Tender Supplemental General Conditions j) General Conditions 1 ARTICLE 3 The Contractor shall not without the consent in writing of the Owner (or the Engineer) and without restricting in any way the provisions of the General Conditions attached hereto make any ' assignment of any part or the whole of any monies due or to become due under the provisions of this contract. ARTICLE 4 The Owner covenants with the Contractor that the Contractor having in all respects complied with the provisions of this contract, will be paid for and in respect of the works the sum of 1 One Million, Six Hundred & Forty Thousand, Six Hundred & Seventy -Seven Dollars & Ninety -Two Cents 1 ($1,640,677.92) 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 beprovided in the attached hereto. ARTICLE 5 Where any notice, direction or other communication is required to be or may be given or made by one of the parties hereto to the other or to the Engineer, it shall be deemed sufficiently given or ' made if mailed or delivered in writing to such party or to the Engineer at the following address: B. M. ROSS AND ASSOCIATES LIMITED ' Consulting Engineers 62 North Street Goderich, Ontario. N7A 2T4 1 A -3 Where any such notice, direction or other communication is given or made to the Engineer, a copy thereof shall likewise be delivered to any agent of the Engineer appointed in accordance 1 with the General Conditions of this Contract and where any such notice, direction or other communications is given or made to such Agent, a copy thereof shall likewise be delivered to the Engineer. ARTICLE 6 A copy of each of the General Conditions, Supplemental General Conditions, Special Provisions, 1 Addenda, Tender, Information to Bidders, and Supplemental Specifications is hereto annexed and together with the Plans relating therto and listed in the Specifications are made part of this Contract as fully to all intents and purposes as though recited in full herein. 1 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 1 The Contractor declares that in tendering for the works and in entering into this Contract, he has either investigated for himself the character of the work and all local conditions that might affect his tender of his acceptance of the work, or that not having so investigated, he is willing to t assume and does hereby assume all risk of conditions arising or developing in the course of the work which might or could make the work or any items hereof, more expensive in character, or more onerous to fulfill than was contemplated or known when the tender was made or the Contract signed. The Contractor also declares that he did not and does not rely upon information furnished by any methods whatsoever by the Owner or its officers or employees, being aware that 1 any information from such sources was and is approximate and speculative only, and was not in any manner warranted or guaranteed by the Owner. 1 1 1 1 A -4 1 ARTICLE 10 1 This contract shall apply to and be binding on the parties hereto and their successors, administrators, executors and assigns and each of them. 1 IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals the day and year first above written or caused their corporate seals to be affixed, attested by the signature of 1 their proper officer, as the case may be. 1 FOR THE OWNER: 1 A w/1 •A + asttoord g. £TJ , -J 14414A fir" Al r Signature Name Title Date I /We have the authority to bind the corporation. 1 „ ,_ii5— e�Sas ,r,e (� C P r O iCh.,A Z S /o Signature Name Title Dat I I /We have the authority to bind the corporation. 1 1 FOR T E CONTRACTOR: i 1 // .2.�f.. �jp J. £ u)'S VICE emeSiDEJT /i tGusr /O`ps S'ilre Name Title Date 1 I/We have the authority to bind the corporation. 1 Signature Name Title Date 1 I /We have the authority to bind the corporation. 1 1 F: \wp \Contracts \Forms\A- 1 -4.doc 1 1 CONTRACT RELEASE IN THE MATTER of a Contract dated , 20 , known as Contract for the construction of 1 in the , Ontario KNOW ALL MEN BY THESE PRESENTS that I/We 1 (name of Contractor, in full) for and in consideration of other good and valuable consideration paid by the Owner, have remised, released and forever discharged, and by these presents do for myself /ourselves, my /our heirs, executors, administrators and assigns or successors and assigns, as the case may be, remise, release and forever discharge the Owner, its successors and assigns, of and from all manner of action and actions, cause and causes of action, suits, debts, dues sums of money, claims and demands whatsoever at low or in equity which I/We ever had or now have, or which I/We or my /our heirs, executors, administrators or assigns or successors and assigns, as the case may be, hereafter can, shall or may have by reason of the above - mentioned Contract, save and except any claim which I/We have arising out of; 1) the retention by the Owner of the maintenance holdback of the Contract price; 2) any sum retained by the Owner against the cost of uncompleted work; Y Y g p 1 3) (if none, state "none ") 1 IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals. i SIGNED, SEALED AND DELIVERED ) 1 ) ) ) t ) ) 1 Witness or Company Seal F: \wp \Contracts\Forms \Contract Release.doc I STATUTORY DECLARATION RE PAYMENT OF ACCOUNTS 1 DOMINION OF CANADA (IN THE MATTER of a contract, known as Contract (entered into between I ( ( AND the Owner ( the Contractor I (dated , 20_ (for the construction of ( I (in , Ontario. TO WIT: I I, of in the Province of , do solemnly declare: 1 1. That Iam Xofthe (President, Secretary, Treasurer, a Partner, etc.) Contractor named in the Contract above - mentioned and as such have personal knowledge of I the facts hereunder declared. 2. That the said Contractor has complied with the terms of the Construction Lien Act, 1983, and amendments thereto, with the requirements of statutes and regulations of the Province of I Ontario relating to the payment of fair wages and with the requirements of the said Contract relating to the payment of wages. I 3. That with the exception of accounts listed below, all liabilities (including payment due to all staff, sub - contractors, suppliers, Workers' Compensation Board, insurance companies) incurred by the said Contractor arising out of our work performed, have been discharged. 1 Name & Address of Creditor Service Rendered Amount Total I Outstanding 1 (If there are no accounts, enter "NONE" above) AND I MAKE THIS SOLEMN DECLARATION conscientiously believing it to be true and I knowing that it is of the same force and effect as if made under oath and by virtue of "The Canada Evidence Act ". I DECLARED before me at the ) of ) in the County of ) I this day of ) A.D. 20 ) I A Commissioner, etc. or Notary Public ) F:\ wp \Contracts\Forms\Accounts.doc STATUTORY DECLARATION RE LIENS & LIABILITIES DOMINION OF CANADA (IN THE MATTER of a contract, known as Contract (entered into between ( the owner ( AND ( the Contractor (dated 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 all persons who have performed any work or service upon or in respect of, or placed or furnished any materials or things to be used in connection with the above contract, have been fully paid or their claims have been settled in respect of such work, service, materials or things and there are no liens, garnishees, attachments or claims relating thereto. I 3. That all subcontractors who were engaged in or in any manner associated with the performance of any part of the above contract have been fully paid or their claims have been settled in respect thereof except to the extent that monies (not exceeding in any instance 14% of the value of the work performed by the subcontractor) have been held back by written agreement with any such subcontractors. 4. That all subcontractors who were engaged in or in any manner associated with the performance of any part of I the above contract have discharged all liabilities which they incurred in respect thereof. 5. That all claims for damage to property or injury to persons of which the above -named Contractor has received notice have been fully paid or settled. 6. That the above -named Contractor has not had any notice of any grounds for a claim (other than those covered by para. 5 above) connected with this contract by a third party and for which a claim might be made and I ' believe that no such claim will be made. AND I MAKE THIS SOLEMN DECLARATION conscientiously believing it to be true and knowing that it is of the same force and effect as 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 ) F: \wp \Contracts\Forms \Liens.doc 1 Varies 1.5m - Note 2 0.3m BOULEVARD min I 3'.'‘ Concrete WO S\oPe 2 to 8 Slope 2% to 4% sidewalk 2% to 10% L 125mm R =Smm / ~ Subgrade • or granular \\ \� \\ 1 Note 1 base as specified TYPICAL SECTION 5 1 ,r5 , . f. ' • '. •• . Y 0 I . _ = N I DUMMY JOINT Curb and gutter Expansion joint material 1 5- 1 H - 0.25 T N Y BOULEVARD Note 1 Typ .... ••. .... 3 e r 5 ---1 1.5m 1— \ • 1 ~ o Typ Expansion joints I CONTRACTION JOINT R =Smm Typ 5 Dummy joints 1 • • y •• j: t •• '. x Typ • v • % e. ni ; v Y o Contraction e / + L N joints • r v. >... .:� F- o Typ •••••• • • -1 E— 12mm expansion joint material JOINT LAYOUT 1 EXPANSION JOINT I NOTES: 1 Sidewalk thickness at residential driveways A All dimensions are in millimetres or and adjacent to curb shall be 150mm. metres unless otherwise shown. I At commercial and industrial driveways, the thickness shall be 200mm. 2 Sidewalk width shall be increased to 2.4m at schools, bus stops and other 1 high pedestrian areas. 1 ONTARIO PROVINCIAL STANDARD DRAWING 1993 10 01 I Rev I s; :• "'N 1 CONCRETE SIDEWALK D ate *OA r.,P OPSD - 310.010 1 1 1.5m Note 2 I Expansion joint Finished road -- Slope 2% to 4% 1 surface a • •• , ,a. A • - I • 150mm o '. a • Note 1 • v a �� °• �— Concrete R=5mm 7 4 R=5mm f sidewalk ' . \_-__ •• .._ Curb and gutter L Subgrade or granular base as specified as specified TYPICAL SECTION 5 1' !r 5 .... •� • , .� •• Y N 0 I D •: • - ;° .. • • • .. •o•, Y ` -8 Expansion joint material �•. a . . e. I- o Curb and gutter / I DUMMY JOINT C ontracti ---I 1.5m F— 5 1 r i _ 0.25 T Typ y Y Contraction , • • v ' >t :' °a joint Expansion a ` ..' .� • , .o•; joints IC Cr' O 1 CONTRACTION JOINT :::: R=5mm -\ Typ 5 Dummy joints I ; : .. . y 0 . Y Typ ••••• ° • e . .- 4 c 0 .:s ' °• 'e a °• -D Contraction : a / I :E joint ..,, . •..a. • •,.... . ..� . )- o ■ --I k— 12mm expansion JOINT LAYOUT joint material 1 EXPANSION JOINT I NOTES: 1 Sidewalk thickness at residential driveways A All dimensions are in millimetres or and adjacent to curb shall be 150mm. metres unless otherwise shown. I At commercial and industrial driveways, the thickness shall be 200mm. 2 Sidewalk width shall be increased to: I - 1.8m when adjacent to curb on major roadways 2.4m at schools, bus stops and other high pedestrian areas. 1 ONTARIO PROVINCIAL STANDARD DRAWING 1993 10 01 'Rev' OP` CONCRETE SIDEWALK � ADJACENT TO Date,, CURB AND GUTTER OPSD - 310.020 I 1 Stop or yield Stop or yield street street 1 Expansion joints P 1 2.5m Typ ilik Ramp slopes ramp - 8% max 1 - �j 1.Sm r- -- -V- ` Typ -- I TYP : \ : i. • T P s\ - - - 'W / 1 Expansion joint 1 Curb and gutter material, Typ Curb and gutter Through street Through street 1 UNSIGNALIZED INTERSECTIONS 1 Back of sidewalk I Expansion joint Directional lines Typ Directional lines Crosswalk 0.3m apart and Typ 1.5m long - min ' .: TYP 1 Curb and - - \ ..... gutter p 1.0 1.5 1.0 Gutter line 1 RAMP ELEVATION Full curb • height I i l l_ p �` ' j Curb and gutter i i Finished road 1 I surface Expansion joint material SIGNALIZED INTERSECTIONS I h 2.5m Back of I If sidewalk -, -Slope 8% max 5% desirable . .. o 150mm min Curb and gutter Sidewalk ramp 1 as specified TYPICAL RAMP SECTION NOTES: I A Directional lines shall be 10x10mm made B All dimensions are in millimetres or with grooving tool having a 15mm radius. metres unless otherwise shown. 1 ONTARIO PROVINCIAL STANDARD DRAWING 1993 10 01 Rev I .14ii P i 1 CONCRETE SIDEWALK RAMPS Date S `, AT INTERSECTIONS 1 OPSD - 310.030 � - NMI NM - M S - • MI r s MB MB NM - MI II MI OM MR V u o Dropped curb at ° is entrances d io Typ i° —100mm Note 2 Finished 25 300 50 150 -�j 25 300 50 r- 150 Typ road I Thickness surface ?owe �, t ,p of sidewalk p ., - • I in .^ o ►�m •'' •• • • ' • .. - -I ...-_S - -a o el 1 . t . .... • .. .. 4 Note 3: • ' :4 • + .: / ' • Note 3' J : • +• .:J ..rtes . ; • •"-.I I 525 Fes- 50 I 525 F-- 50 TANGENT Additional width where sidewalk is adjacent to curb Typ SU PERELEVATED NOTES: 1 Flexible pavement shall be 5mm above the adjacent edge of gutter. 2 Where sidewalk is continuously adjacent, reduce the dropped curb at entrances to 75mm. 3 For slipforming procedure, a 5% batter is acceptable. A Treatment at entrances shall conform with OPSD- 351.010. LEGEND: B Outlet treatment shall conform with OPSD -610 Series. C The length of transition from one S — Rate of pavement superelevation in percent, %. curb type to another shall be 3.0m, except in conjunction with ONTARIO PROVINCIAL STANDARD DRAWING April 1999 I Rev i . ,,, guide rail, it shall conform to . � �� ; OPSD - 900 Series. CONCRETE BARRIER CURB r ti D All dimensions are in millimetres unless otherwise shown. WITH STANDARD GUTTER '.7) FOR FLEXIBLE PAVEMENT OPSD - 600.040 UN .. r .. ', .. .. — NO S — .. — >, Me .. r i IMO 1 PIPE IN SUPPORTED - - PIPE IN UNSUPPORTED - - PIPE IN SUPPORTED EXCAVATION EXCAVATION EXCAVATION • , —Note 3, Typ / Subgrade to W / /// / \ \ \ \ \ \\ /7/ 2 ■ Sup system � a1 1 L ,e4 , 1 1 ,,,, —' !i Ba ckfill material. '� !•. �` Clearance, *. • • For culvert frost treatment 1 • • ��i . see toble, Typ o 4 • 300mm min. \ Note 2 1.5 � � O Typ 1 • • \ . i L � Clearance, ∎: i � see ■t 300mm min 0 11:444 �. \ E � 150 ID 0 • \ o o a *. 0 • \ o E • 1,1 E � • N ' TYPE 3 � ;� • TYPE 1 OR 2 f • SOIL SOIL I o 150 E \ ` 2 \\� \ \ \:\ 0.5 D 0.50 Bedding grade Note 1 Note 1 PIPE IN SUPPORTED PIPE IN UNSUPPORTED LEGEND: EXCAVATION EXCAVATION D — Inside diameter o. 0 Sub rode 2 NOTES: •' • . • • 1 The pipe bed shall be shaped to receive the bottom of the pipe. y-. 0 �- ' Backfill material. 2 Pipe culvert frost treatment according to OPSD- 803.030 and 803.031. • • ' . For culvert frost treatment 3 Condition of trench is symmetrical about centreline of pipe. A... • • Note 2 A Granular material placed under the haunches must be compacted 150 �' 0 Bedding grade CLEARANCE TABLE prior to continued placement and compaction of embedment material. 2 Pi e B Embedment material shall be homogeneous granular material, and 0.5 0 TYPE 4 Inside Diameter Clearance shall be placed and compacted uniformly around the pipe. Not 1 SOIL mm mm C Soil types as defined in the Health & Safety Act and 900 or less 300 Regulations for Construction Projects. Over 900 500 D Protection against heavy ONTARIO PROVINCIAL STANDARD DRAWING 1996 09 15 'Rev . ❑:144-- construction equipment according i �to OPSD- 808.010. FLEXIBLE PIPE S E All dimensions are in millimetres or metres unless otherwise shown. EMBEDMENT AND BACKFILL Date �; EARTH EXCAVATION OPSD - 802.010 1 . 1 1 Finished grade - 7777; / 7 /77/7 //717, %77/77 - - - V777/ 1 r - i V m a I w o Slide type service box q with upper and I 0, lower section `m U U I E E E r E 'c i Gooseneck, copper 1 tube shown I t 0 E v /- E E .1 11.1. / Eli 1 ;- ♦ ♦ ♦ ♦ Main stop, Note 1 Curb stop ill IN • j ♦ ♦• // • Bedding as specified Concrete support 1 '• 200x200x100mm Watermain drilled and topped 1 AWWA inlet thread 1 NOTES: 1 For plastic service pipes, install main stop C All water services to be installed 90' I at 15' above horizontal with a minimum 1.2m long gooseneck. to the longitudinal axis of the watermain. D All dimensions are in millimetres A Service connections to plastic watermains unless otherwise shown. to be made using service saddles or factory made tees. B For any junction made in the service pipe, between main stop and curb stop, I couplings will not be permitted unless the service length exceeds 20m. ONTARIO PROVINCIAL STANDARD DRAWING Nov 2003 IRevI1 1 WATER SERVICE w CONNECTION DETAIL 1 20 and 25mm DIAMETER SIZES OPSD - 1 104.010 1 1 1 1 Finished grade 1 /.P?7 z / /// i — /7777/ — /.Wf /i'/A -T- 1/77 77; r I I i t ° I 3 Slide type service box n E with upper and o E lower section I 5 Z 1 u E Saddle 1 E ' 1 �l: .� Main atop 1 ■I :I■ si •I :I ..: ,p, ..... 1 \‘,.....,,, �._■ ■l I.i� .. ■l l' __ • Bedding as specified —• Curb stop i•. % • • / / /,, 1 Concrete support 200x200x1 00mm 1 NOTES: 1 A My junction made in service pipe between main stop and curb stop to be made with approved couplings. B All water services to be installed 90' to the longitudinal axis of the watermain. I C All dimensions are in millimetres unless otherwise shown. ONTARIO PROVINCIAL STANDARD DRAWING April 1999 I Rev I ,•,1F1►�,,, 1 WATER SERVICE b - � 1 ' CO DETAIL • 32, 38 and 50mm DIAMETER SIZES OPSD - 1104.020 ONO ONO MO • gall MN (♦ • UN illi — NB Sail OM NM INI MI MN MI 300 min mm Finished grade 30min mm Backfill material C C 1 »= Rock Line Y Y f�fllff�f m Backfill material > m ' r.�.�i�i�i o 0 0 0 . o • • • • Sand bedding o •'. •• •' • Sand bedding Ln Lo . • • • • • • ■1■ ■■N Ground wire -/ �r Clearance Ground wire -/ vP Clearance EARTH ROCK TABLE Cover requirements for cable T ABLE 2 Minimum cover requirements for cable installation in trenches in earth. installation in trenches in rock. Cover in Earth Cable Type min max Clearance Cable Type Rock Line Cover Clearance 0 to 600 450 Low or Extra Low Low or Extra Low 600 1600 50 600 to 750 Rock Line -150 50 Voltage Voltage 750 and over See Table 1 Cables for 1 750V to 44kV 1250 1600 75 NOTES: A Install ground wire as indicated in the contract. B Install cable brick or concrete slab, marker tape, concrete duct marker where indicated in the contract. See OPSD- 2100.05. C All dimensions are in millimetres or metres unless otherwise shown. ONTARIO PROVINCIAL STANDARD DRAWING Date 1 1992 12 15 1 Rev' 1 CABLE INSTALLATION Date IN TRENCHES OPSD - 2100.01 25mm -- - 2m min 1 300mm min, Typ Note 3 Secondary / -I 300mm restoration Q saw cut Note 6 N Initial saw Sa 150mm min, Typ o cut cut 1 T °' . Q iik "' . ,... 0 c x x Aggregate interlock, Typ , b, Existing I E E E E Note 2 concrete E E E E Concrete / / 0 0 0 0 restoration to Dowel bars 0 - 0 0 original depth % Note 1 i ° X I Unshrinkable �� Rigid ducts, Note 5 backfill I k- -1 I I or duct banks, OPSD- 2100.06 50mm -1 mo- 50mm min I min �� 50mm min U NDOWELLED TREATMENT, Note 2 DOWELLED TREATMENT, Note 1 COMPOSITE OR CONCRETE PAVEMENT I 150mm min, Typ 300mm Pavement restoration, Note 6 j _ m Stepped joint, Typ, Note 4 L ("� Typ 1 TfrA _- ____ - - -- o C x c o oo _ i - E E Depth as shown I Existing / ',/ elsewhere in the E E E E hot mix contract E E 0 0 0 0 in 0 0 i , Rigid ducts -Note 5 C - 't o Ca 0 /, / or duct banks, w ' /4, / OPSD- 2100.06 ■ • Unshrinkable ' I0I � 1.1-1_ backfill 50mm � I� I-- 50mm min ' min —{ 50mm min NOTES: BITUMINOUS PAVEMENT I 1 Dowelled treatment is only required in existing concrete pavement or concrete base which contain load transfer devices. Dowels shall be 32mm dia, 450m - m long, epoxy coated, installed at 300mm intervals at mid depth of the concrete slab, in plane to the pavement surface, parallel to the centre line of the road and set 225mm in 35mm holes with I epoxy grout. 2 Undowelled treatment is only required in existing concrete pavement or concrete base which is constructed without load transfer devices at joints. Aggregate interlock is created I by chipping the vertical concrete face with a light 15kg maximum pneumatic hammer. 3 The initial saw cut shall be full depth. The secondary saw cut shall be 1/4 of existing pavement depth with 25mm of chipping for aggregate interlock. 4 Where existing pavement depth is between 80mm and 120mm the 150mm wide stepped I joint shall be 40mm deep. 5 In rock, the ducts shall be placed on 150mm sand bedding. 6 Bituminous pavement restoration to match existing type unless otherwise specified. The I surface and top binder courses shall be placed in 40mm lifts, with other lifts placed at 80mm maximum. A All voids below the pavement shall be filled with unshrinkable backfill. I B All dimensions are in millimetres unless otherwise shown. ONTARIO PROVINCIAL STANDARD DRAWING 1998 03 01 !Rev I 0 ST4 DUCT INSTALLATION 0/$ 1 IN EXISTING PAVED AREA '�, - UNSHRINKABLE BACKFlLL METHOD OPSD - 2103.030 1 IF _ 1 - -{ 300 mm min typ Granular 'A' backfill Pavement Existing restoration pavement Sawcut Note 1 1 • t= ----- V A 0 - . . o E E c a , TEE E E I Dowel bars, L Existing E E E Note 2 concrete L O Y 0 0 O Concrete Sub - •rade line - C 0 st o m 0 restoration to w o o 1 original depth Native or granular Wir Rigid ducts as 9 r indicated Note 4 backfill -- --.1 50 mm min 1 50 mm y min 50 mm min COMPOSITE /CONCRETE PAVEMENT 1 Pavement restoration I f Note 1 300 mm min typ— 150 mm min typ Sawcut Note 3 1 1 EIS 4!rj A > .1 R ..2 p , � , E E EE E • 1 E E E E Existing pavement 1 1 0 0 0 0 r 0 in .1c 0 0 • Sub -grade line t ,-- ►' o cD o Granular 'A' w o I bac ' ^•• Native or granular ` J l l Rigid ducts as 9 indicated Note 4 backfill .� F� -..--11-•- 50 mm min 1 50 mm y min 50 mm min BITUMINOUS PAVEMENT 1 NOTES: 1 Bituminous pavement restoration to match existing type unless otherwise I specified. The surface course & top binder to be placed in 40 mm lifts, other lifts not to exceed 80 mm. 2 Dowel bars are required only in concrete base /pavement with load transfer devices at joints. Dowels to be 32 mm dia, 450 mm long, epoxy coated, I installed at 300 mm intervals, centered vertically in concrete base, and set 225 mm in 35 mm holes with epoxy grout. Dowels shall be aligned parallel to the longitudinal axis of the pavement. 1 3 Where existing pavement depth is between 80 mm and 120 mm the 150 mm wide step joint shall be 40 mm deep. 4 In rock, the ducts shall be placed on 150 mm sand bedding. A All dimensions are in millimetres unless otherwise shown. 1 ONTARIO PROVINCIAL STANDARD DRAWING Date 1 1990 06 04 1 Rev 1 RIGID DUCT INSTALLATION Date IN EXISTING PAVED AREA GRANULAR BACKFILL METHOD OPSD — 2103.04 1 I• .. MB • E MI — E ' MI ! I• MO l• l• M — I 11111 1 38 -- 83 Checkered �� 38 tread Ng 1 Boss for 35 ` 14mm hole O A L 24 (L O 00 o I 460 1 E2mmtaPPed ° o0 a A A B g C o O C O ole 14mm dia hole Notes 2 and 3 o o h`� 445 PLAN— HANDHOLE 470 PLAN —COVER UNDERSIDE OF COVER 500 PLAN —FRAME iii 500 15 - I N 25 --I 1 27 1I 23 — co I ~5 Finished grade M � �� N ` - i I J 12 20-1 490 �--12 F 460 ` " 3 -11mm dia Lim dia tapped hole SECTION C —C 75 equidistant in sidewall of frame Precast concrete Notes 4 and 5 o NOTES: SECTION B —B 0 t 1 For installation of ducts see OPSD- 2123.03. 5 One ground lug for #6 AWG N 2 Cover to be retained with 2 -12mm dia stranded copper to be attached to x 20mm long stainless steel hex head one frame attaching bolt. ■ ■ 125mm dia hole for duct entry machine bolts to be flush with top of A For general installation details refer Ill - 0 - cover when fastened. to OPSD- 2117.02. ■ Note 1 3 Material for frame and cover — ANSI /ASTM B All dimensions are in millimetres II 11 standard A48 -1990 gray iron casting, or metres unless otherwise shown. class No 30C. 4 Frame to be attached using 3 -10mm dia x 38mm long machine bolts anchored SECTION A —A in concrete wall. ONTARIO PROVINCIAL STANDARD DRAWING Date 1 1992 12 15 1 Rev 1 1 ELECTRICAL HAN D H O LE Date PRECAST CONCRETE WITH COVER 460mm DIA OPSD - 2112.02 1 1 900 1 I 1 1 1 10M I 1 500mm long bars, 4 required I E 150 150 in 0 . r , -- F IN T -- 1 1 ,q _ co Duct Entry _ r Hole A -- L T - -- 1 1- 318 --1 , 1 I I 10M 300mm long bars, 4 required 1 PLAN BOTTOM —DUCT ENTRY REINFORCING co Finished grade , Frame with cover OPSD- 401.010, Type A, or OPSD- 401.030 if the handhole is in a paved shoulder .J. `. ' r v NEM 10mm min 75mm max • cement mortar for adjustment V v ' ° d Precast concrete • v o E E • co o I P o 125mm dia holes for duct entry, co ll 4 required, Note 1 0 ED- all I rn P ' / WWF circular steel 250mm 2 /m o o 0 - P w P . v. 1 I Duct entry hole Note 1 NOTES: SECTION A —A 1 For duct installation details see OPSD- 2123.03. I A For general installation details see OPSD- 2117.02. B All dimensions are in millimetres unless otherwise shown. 1 ONTARIO PROVINCIAL STANDARD DRAWING Nov 2004 (Rev I 0 s�; ELECTRICAL HANDHOLE P RECAST CONCRETE — 600 x 600mm OPSD - 21 12.040 MN NM • MI NM N MN MI 111111 111111 ME 111. MI IIIIII OM OM Finished grade —\ I \ /////. c E Handhole E \ \ 5° deflection E \ No 2 couplings to o Duct entry hole ` I. suit Typ, Note 1 5 1 -50 r - :11.1111111111111111111111111.111111111\11111:_t_ -7 11111111111 8 \ 0 \\ _ I \ L 1 1 / x Flexible duct � `;� cc c E Concrete I•s= • ` F E encasement � `t` == h � Rigid duct 19mm clear crushed stone q In drainage pocket and foundation • 1 l NOTES: 1 Duct entry holes to be filled with expandable foam. 2 Rigid ducts terminating in maintenance holes, handholes, or other permanent openings of underground systems shall be provided with an end bell. A For installation details see OPSD- 2117.02. B All dimensions are in millimetres unless otherwise shown. ONTARIO PROVINCIAL STANDARD DRAWING Nov 2004 I Rev I 1 �avO ELECTRICAL HANDHOLES 1 OF DIRECT �� ENTRY 0 D RECT BURIED AND ENCASED DUCTS OPSD - 2123.03 � 23.03 N • • MI MI II NM M MO MI - ® MN MN NM NM .. NE r Concrete or metal pole Varies Notes 2 and 3 Horizontal portion Note 1 1 Wood pole Note 3 Horizontal portion Varies Note 1 1 r - , Single member arm A c E A Single member arm c -- E -- -4F B B o cv ;1, � —lam 16mm dia galv steel bolts, nuts, ` 16mm dia galv steel bolts, nuts, ` " _ L J lockwashers, round washers • :,--,-,c-3 L J lockwashers, round washers —I- Pole plate Pole plate 4— Galvanized steel through bolts Note 1 complete with square washers M GENERAL ARRANGEMENT GENERAL ARRANGEMENT 16mm dia galvanized steel through bolt, 16mm dia steel bolts, nuts, lockwashers complete with square washers and round washers _ hill! l ;% `:`, iii J Pole plate ; tole SECTION A —A SECTION B —B ATTACHMENT TYPE 2, THROUGH BOLTS ATTACHMENT TYPE 1, 'U' CLAMPS Note 3 Note 2 NOTES: 1 Pole plate bolts to be adjusted so that horizontal portion of B For brackets of 1.2 to 5.5m length using type 2 attachment, arm is level. use 16mm through bolts with 50x5Omm square washers. 2 Attachment type 1 shall be used for all metal poles and for C For brackets 6.1 and 6.7m length using type 2 attachment, all concrete poles Tess than 250mm diameter at the point use 20mm through bolts with 75x75mm square washers. of attachment. For all concrete poles greater than 250mm D All dimensions are in millimetres or metres unless otherwise diameter at the point of attachment refer to construction shown. detail drawings. 3 Attachment type 2 shall be used ONTARIO PROVINCIAL STANDARD DRAWING Date 1 1985 04 15 1 Rev 1 for all wood poles. ALUMINUM A For pole attachment locations Date refer to OPSD- 2501.01. SINGLE MEMBER ARM ATTACHMENT DETAILS OPSD - 2501.02 1 1 1 1 1 1 ' Set screws r Mast arm 1 ( 7-- Y Y Hanger assembly 1 _ Transverse adjustment 1 11 �) Cj Key slot 1 Conduit locknut Seal key slot and around Serrated steel washer locknut with a silicone sealant 1 Signal head frame �•� Compression nut, hexagonal Compression nut, 11/1111111111 1 hexagonal —� —'— Neoprene washer Cotter pin 1 1 1 1 ONTARIO PROVINCIAL STANDARD DRAWING Date 1 1985 04 151 Rev 1 TRAFFIC SIGNAL Date HANGER DETAIL OPSD - 2522.01 1 1 1 16mm stainless - Varies 1 steel strapping and buckle 38mm dia rigid I so , galvanized conduit 1 Pole plate soliimm 38mm 90° elbow AN O I 38mm rubber washer r - - -- I 1 MIME MEMO 1 q Mr El ME III ' 38mm hexagonal Signal head frame IIM locknut Typ 38mm short nipple 4 j Et N J 1 1 r Mill L 11 MEM ° I I 1 _ ___M 1 1 ■ 16mm stainless I steel strapping and buckle NOTE: 1 A All dimensions are in millimetres or metres unless otherwise shown. 1 ONTARIO PROVINCIAL STANDARD DRAWING Date 1 1985 04 15 1 Rev 1 TRAFFIC SIGNAL Date DOUBLE ARM BRACKET OPSD - 2524.01 1 I• imlIIIl .. I• On .. I• i~ NM MI I• i. NI — MI .. MI MN .. NOTES: 1 7 conductor riser cable to be r I r r WHT_ ,-WHT I installed to all `Special' multi— WHT----... Y,� / --RED sectional signal heads. I BLU /GRN1- 2 Riser cable connection to be Q REDTh Q r I-BLU /�G ; — �Y —S pare made to the designated conductor I 1GRN /Y-1 r - BLU in the cable group as indicated 0 I Y 0 - ,GRN /Y in the contract drawings, together I I with connection to the outgoing O BLU -Th O 7 conductor = conductor. I I _ #14 AWG L____J 3 5— conductor riser cable to be 1�G /Y� -- ;GAIL__ traffic signal 'Pedestrian' type I .. t /Y--N � cable, signal head installed to all 'Standard' or _ = Note 1 `Highway' signal heads. Stand o head d hway L___tA7L___ Riser -•--5- conductor #14 AWG A For traffic signal cable groups, L J cables traffic signal riser cable abbreviations and colour coding, g ,- REDorWHT -a refer to contract drawin s. 5- conductor #14 AWG - 'Special' type multi-sectional g traffic signal riser cable, si nal head a eP B Details shown are typical only. Note 3 r -BLK or GRN For multiple equipment installations Extra low Pedestrian voltage cable on the same pole, maintain riser push button cable type and colour coding and r r connect to the designated conductors /- r-7 . shown on the contract drawings. - � � Pole handhole = � �r Riser cables C Green conductors `with yellow tracer' or junction r c, to additional used as ground shall be tagged box - z equipment `Ground' in the pole handhole 0 0 o Y or junction box. ` ( m Ground Incoming traffic terminal CABLE COLOUR ABBREVIATIONS signal runner i i cable group, s e • R 1 Outgoing Colour, /Marker or Colour /Marker Note 2 I ; ; ; ; � c MU able S ABBREV. DESCRIPTION ' ' 1 1 I 1 BLU /GRN 1 - Blue with 'green one' marker J - � - + BLU /GRN 2 - Blue with 'green two' marker Extra low �I Y - Yellow with marker - Y voltage cable Auxiliary traffic For grounding details,�- Y2 - Yellow with marker - Y2 signal runner cable. refer to contract drawings RED - Red BLU - Blue ONTARIO PROVINCIAL STANDARD DRAWING Date 1 1991 10 30 1 Rev 1 1 GRN /Y - Green with yellow tracer BLK - Black Date WHT - White TRAFFIC SIGNAL EQUIPMENT GRN - Green POLE WIRING DIAGRAM OPSD - 2528.01 'I Mg - NM - ON MI - NM a- - r- OM - MI UM MS -1 Cond. # Colour /Mark Connection 1 White /White One Neutral SIDE RD. 2 White /White Two Ped. Neutral QUADRANT 'A' 3 Black Spare Note 1 4 Orange Spare 5 Red /Red One Main Rd. Red • V II • QUADRANT B' 6 Red /Red Two Side Rd. Red :>>l.,.............. ajo �� 7 Red /Red Three Ped. Main DW / A 8 Red /Red Four Ped. Side DW • ^ • 9 Red /Red Five Left Turn Red v F6P o 10 Yellow /Amber One Main Rd. Amb. P rn 11 Yellow /Amber Two Side Rd. Amb. - F6 12 Yellow /Amber Three Spare ,01010 F'---71--- - 13 Yellow /Amber Four Spare Mae a. 14 Yellow /Amber Five Left Turn Amb. - - 0=31 F, r. a. f ro 14 f 4'L�— - 15 Blue /Green One Main Rd. Grn. 16 Blue /Green Two Side Rd. Grn. 0`0I0 MAIN RD. 17 Blue /Green Three Ped. Main W COMM F5 J/ 18 Blue /Green Four Ped. Side W M F2 F6P 19 Blue /Green Five Left Turn Grn. P 03 1 White Main Rd. PB u- • 2 Black Main Rd. PB W a / 0 3 Red Side Rd. PB `� , Nt DW PB ' 4 Green Side Rd. PB _ 11 e C' NOTES: QUADRANT ' D' 03 i• . e W • QUADRANT C 1 Cable coding at each quadrant Note 2 (3I o ( 0 starting from controller quadrant 116/ i going clockwise is as follows: A, B, C, and D. •�'" 2 Connections and layout shown at quadrant `D' are general and typical and shall be adjusted to suit ONTARIO PROVINCIAL STANDARD DRAWING Date 1 1991 10 30 Rev intersection layout. A Each 19/C and 4/C cables coded the same for each quadrant. SIGNAL WIRING Date B The system includes pedestrian USING 1 9/C AND 4/C CABLES PER facilities and actuation. QUADRANT, 2 TO 8 PHASE OPSD - 2529.10 1 IIIIII MO MN N MS MN s• MN s N MI M N N ON OM MI NM Twist conductors, solder and —Cut shielding off cleanly, Stagger splices — Twist conductors, solder and tape with tape with electrical vinyl tape no connection electrical vinyl tape stagger connections A A Double half lap of electrical vinyl tope 0 To vehicle To detector ___ -- - - -___ detector �-' — amplifier ° ' imle: 2-#14 AWG type RWU90 -40 C .. yP Extra low voltage a stranded copper wire leads to loop cable o: .y 501: L Traffic signal cable or rubber insulated leads from min 1 Outline of splice sleeve type detector unit Insulated resin splices r 4 1 A Note 2 EXTRA LOW VOLTAGE CABLE TO 2 ' DETECTOR CABLE - SPLICING DETAIL Refer to table 1 TRAFFIC SIGNAL CABLE - SPLICING DETAIL Twist conductors, solder and Double half of tape with electrical vinyl tape [ electrical vinyl tape - 200 1 Clear mylar outer casing / �;:ilk, Butyrate webbing I moterial Min �� /f 0.40 Double half lop of r 1}.0. 10 tm electrical vinyl tope --i 25 - - -- -- -- Extra low %i• N 25 voltage cable Two part fast curing / / /�� Traffic signal cable Solder shield Heat shrinkable tubing polyurethane compound number of conductor 9 Note 2 varies Note 1 EXTRA LOW VOLTAGE CABLE - SPLICING DETAIL SECTION A -A NOTES: TABLE 1 1 Heat shrinkable tubing to be 2.4mm TRAFFIC SIGNAL CABLE D' mm ' mm wall thickness 19mm dia, 600 volt. 4 Conductor 12 300 2 Splices to be of suitable dia and 7 Conductor 16 450 length as indicated in table 1 and 12 Conductor 21 450 installed in accordance with 19 Conductor 25 500 manufacturer's instructions. - - A Splices shall not be used unless shown on the wiring diagrams, ONTARIO PROVINCIAL STANDARD DRAWING Date 11985 04 15 1 Rev' quantity sheets or ise approved b ppyout drawings SPLICES FOR unless otherw Date the Engineer. TRAFFIC SIGNAL CABLE AND B All metres l unless e otherwise shown. EXTRA LOW VOLTAGE CABLE OPSD — 2530.01 1 1 1 POLE 1 SYSTEM GROUND (4 or more Note 1 ground 1 electrodes) Pulling point or Ground bus electrical chamber (where applicable) 1 - #6 AWG • 0 1 SERVICE • CABINET Note 2 1 -- #6 AWG #2/0 AWG 1 Ground bus 1 SUPPLY SERVICE I • AUTHORITY GROUND CONTROLLER GROUND (4 or more CABINET 1 (Not ground (NO ground connected) electrodes) electrodes) 1 1 1 NOTES: I 1 The #6 AWG pole (with or without lighting) system ground may connect to the #2/0 grid of the service ground or to the ground bus of the service cabinet. 1 2 The #6 AWG traffic controller cabinet ground shall not be bonded to any ground system except at the ground bus of the service cabinet. 1 ONTARIO PROVINCIAL STANDARD DRAWING Date 1 1989 07 03 1 Rev 1 CONTROLLER CABINET Date GROUNDING SYSTEM OPSD - 2547.01 1 111111 11111 M 11111 MN all O 11111 11111 S MN 1.0m 0.5m r TEMPORARY RAMPING PLACED WHEN BASE COURSE ONLY IN EXISTING ASPHALT CONTRACT / ASPHALT BASE COURSE ASPHALT REMOVE EXISTING ASPHALT TO DEPTH OF SURFACE COURSE PRIOR TO PAVING SURFACE REMOVE RAMPING TEMPORARY PRIOR TO PLACING PAPER SURFACE COURSE JOINT MATERIAL BMROSS STANDARD DRAWING DATE OF REVISION - Jan, 2004 %Itti SCALE : N.T.S. ROSS Asphalt Jolnt Detall for engineerIng better communities Transverse Joints DRAWING No. 208 IIIIIIIIMIIIIISIIIIIIOIIINIIIIIIIIIIIIIIIIIINIIIIIIIIIIIIIIIIIIIIIIIIBIIIIIIINIIIIIMIIIIIIIII 40mm HL -4 (SURFACE) COLD PLANE FOR COLD PLANE FOR 300mm (min) LAP 300mm (min) LAP 300mm (min) 300mm (min) } I \\ \\\\\\\N\\' / SAW CUT EDGE OF TRENCH EXISTING ASPHALT /(;/ / / 150mm MIN. COMPACTED / BASE COAT — 40mm HL -4 MIN. GRANULAR 'A' /// OR TO MATCH EXISTING DEPTH COMPACTED GRANULAR "B" BACKFILL NOTES: 1. WHERE THE EXISTING ASPHALT IS GREATER THAN 100mm IN DEPTH — A DOUBLE LAP IS REQUIRED. BMROSS STANDARD DRAWING DATE OF REVISION - Jan, 2004 itk : �; RO 5 5 Trench Reinstatement SCALE : N.T.S. , +..`^'rt+ , :. engineering better communities GranularBackllll DRAWING No. 500 1 1 I J d MALCOLM BOLTED COVER 1 OR PER 1 300mm ! CONTRACT SPECIFICATIONS AS 1 FINISHED GRADE / /2). \\ / /�i \ \\ L J ///, ///,< / / /,< 1 • . l I 100mm RISER AND CLEANOUT 1 / ----1/— NATIVE BACKFILL .r— 1 100m m - 100m m 1 , GRANULAR "A" PER •..�... � I OPSS 410 OR APPRO EQUAL 125mm PVC CAP OR CONNECT TO EXISTING .. ................ AS REQUIRED . . . —150mm MIN. 1 % . �100m m MIN. .... ....... . ............................... . .. 1 I 125mm SERVICE CONNECTION MINIMUM SLOPE 1.0% 1 1 1 BMROSS _ STANDARD DRAWING DATE OF REVISION - Jan, 2004 � h ROOD SCALE: N.T.S. � T� $' ` ` S anita ry Service Clsanout Detail 1 engineering batter communities DRAWING No. 1000 1 i r 1 1 1 I I 15M REINFORCING BARS I . , TABLE A "_= POLE DESCRIPTION BASE DIA, DEPTH OF BURY RR 20M REINFORCING BARS I 6.1m TRAFFIC SIGNAL 600mm 2.4m a a 1 ARBOUR FOOTING TYP. 300mm 1.2m DIAMETER OF THE POLE BASE TO BE IN ACCORDANCE WITH POLE FLAG POLES 300mm 1.2m 4m MANUFACTURERS SPECIFICATIONS QUINN PLAZA 20750mm 2.4m PLAN OR AS PER TABLE 'A' LIGHTING BOLLARDS 400mm 1.2m STEEL POLE 40 mm / Max. f ANCHOR BOLTS PATTERNS 1 35 mm Min. _ 279 TO MATCH POLE BASE iI CLEARANCE �1. 20 mm CHAMFER I ' Ai All o - ' FINISHED GRADE I 4 1 / ` I �x I !r e . E o D Qo E CO N d' o a u7 I i SCEPTOR 76 mm RIDGID I-- A P.V.0 #3 EE 4590 CONSTRUCTION NOTES: CC (IF APPLICABLE) 1 CONTRACTOR MAY CONSTRUCT THE o- I POST BASE ROUND OR SQUARE. IF CONSTRUCTED SQUARE, THE LENGTH OF EACH SIDE IS TO BE EQUIVALENT Q zi TO THE SPECIFIED DIAMETER. W o J d I I 2 POLE BASE IS TO BE CAST AGAINST m WELD ANCHOR BOLTS TO NATIVE SOIL OR BACKFILLED WITH Q COMPACTED GRANULAR 'A'. 20M REINFORCING BARS Z 3 CONCRETE SHALL HAVE A MINIMUM COMPRESSIVE STRENGTH 20 MPa AT 0 SONOTUBE FIBRE TUBING I 28 DAYS AS PER OPSS -1350 SPECIFICATIONS. U OR APPROVED EQUAL 4 REINFORCING SHALL BE NEW BARS a WITH YIELD STRENGTH OF 400 MPa. MINIMUM 100mm CLEAR COVER (n - 5 ASSUMED SOIL BEARING PRESSURE IS Q 15OkN /m' 0 6 CONCRETE BASE TO EXTEND A CONCRETE — 20 MPa CLASS MINIMUM OF 150mm ABOVE FINISHED E • I GRADE OR AS STATED ELSEWHERE IN THE CONTRACT DOCUMENTS. d- r<I 4 a a ' a I I - 4 I ELEVATION I BM ROSS STANDARD DRAWING DATE OF REVISION -May 13, 2004 B O S S N.T.S. li W j pimp better communities Pole Base Detail DWG. No. 2201 M L — - — 1