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Home My WebLink About09 088 St. Andrews Park (Huron Landscaping Ltd.) Tender Acceptance By-Law e e e e THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE II ~UfYOF'j.\~@ BY-LAW NO. 2009 - 088 BEING A BY-lAW TO ACCEPT A TENDER FOR INSTAllATION AND lANDSCAPING AT ST. ANDREWS PARK (Huron landscaping Limited) WHEREAS Section 11 (2) of the Municipal Act, 2001, S.O. 2001, c. 25, authorizes municipalities to pass by-laws with respect to matters within the sphere of jurisdiction of culture, parks, recreation and heritage structures; AND WHEREAS pursuant to the said Municipal Act, Sections 8 and 9 (1) provide that the powers of a municipality under this or any other Act shall be interpreted broadly so as to confer broad authority on the municipality to enable the municipality to govern its affairs as it considers appropriate and to enhance the municipality's ability to respond to municipal issues and has the capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority under this or any other Act; AND WHEREAS Council at its meeting of May 20, 2009 passed Resolution #05/20/09 - 18 approving the St. Andrews Park Development as presented in Report REC 2009-05; AND WHEREAS the Council of The Corporation of the Municipality of Kincardine deems it expedient to accept a tender for Installation and landscaping at St. Andrews Park, Municipality of Kincardine with "Huron Landscaping Limited"; NOW THEREFORE the Council of The Corporation of the Municipality of Kincardine ENACTS as follows: 1. That the tender of Huron Landscaping Limited, for installation and landscaping at St. Andrews Park, Municipality of Kincardine, in the amount of $104,851.00, plus GST, be hereby accepted. 2. That the amount of $97.440.00 be taken from the 2009 budget with the remaining amounts of $1000.00 to be applied as a credit and $6,411.00 to be taken from the Ward III Rural Road & Bridges Reserve Fund to cover the project amount of $1 04,851.00. 3. That the Mayor and CAO be hereby authorized to sign, and execute on behalf of the Council of The Corporation of the Municipality of Kincardine any documents required for the execution of this agreement, and to affix the corporate seal as required. 4. This by-law shall come into full force and effect upon its final passage. .. ./2 e e e e Page 2 St Andrews Park (Huron Landscaping Limited) Tender Acceptance By-law By-law No. 2009 - 088 5. This by-law may be cited as the "St. Andrews Park (Huron Landscaping Limited) Tender Acceptance By-law". READ a FIRST and SECOND TIME this 10th day of June, 2009 cRct~ e umQ~Q/l\ Q Q ~O~)OOI\ Deputy Cler READ a THIRD TIME and FINALLY PASSED this 10th day of June, 2009. ~L~ M yor \.JYYU~~CIIA;l. ~Q~QI\ Deputy Clerk St. Andrews Park (Huron Landscaping Limited) Tender Acceptance By-Law BY-LAW NO. 2009-088 CONTRACT DOCUMENT: HURON LANDSCAPING LIMITED. CONTRACT NO. 09089 Project: ST. ANDREWS PARK Tiverton, Ontario Refer to A-1 for signed contract Between Municipality of Kincardine and Huron Landscaping Limited R.R.#2 Lucknow, ON NOG 2HO Filed under separate cover in Administration File - C01 in Central Records: Titled: Municipality of Kincardine By-Law No. 2009-088 St. Andrews Park (Huron Landscaping Limited) Tender Acceptance By-law I I I I I I I I I I i I I I I I I I I I MUNICIPALITY OF KINCARDINE ST. ANDREWS PARK, TIVERTON CONTRACT NO. 09089 I I I I I I I I I I I I I I I I I I I Municipality of Kincardine St. Andrews Park, Tiverton Contract No. 09089 INDEX TO CONTRACT DOCUMENTS Description Page Information to Bidders IB-l - IB-1O Tender Form of Tender T-l - T-2 T-A & T-B Statement re Sub-Contractors Agreement to Bond Performance Bond Labour and Material Payment Bond Schedule of Plans, Specifications, General Conditions & Standards Index to Special Provisions Special Provisions SP-l to SP-31 Supplemental General Conditions SGC-l General Conditions - OPSS.MUNI 100 Rev. Date: 11/2006 Form of Agreement A-I-A-4 Municipality of Kincardine - Health and Safety Form Contract Release Statutory Declaration re Payment of Accounts Statutory Declaration re Liens and Liabilities Standards Appendix 'A' - Electrical Specifications Appendix 'B' - Site Furnishings Key Plan I I I I I I I I I I I I I I I I I I I INFORMATION TO BIDDERS F:\wp\Contracts\Forms\lnfo. to Bidders.doc 1) Date and Place for Receiving Tenders 2) Tender Deposit 3) Submission of Tender 4) Clarification 5) Withdrawal of Tender 6) Disqualification of Tender 7) Form of Agreement 8) Competency of Bidders 9) Sub-Contractors 10) Tender Acceptance 11) Performance and Payment Bonds 12) Insurance 13) Completion Date and Liquidated Damages 14) Disposal and Use of Excavated and Excess Materials 15) Taxes 16) Regulation of Pits and Quarries 17) Salvageable Material 18) Geotechnical Investigation Report 19) Utilities 20) Occupational Health and Safety Act 21) Workplace Safety and Insurance Board Certificates 22) Contract Release 23) Use of Premises 24) Permit for Taking Water in Excess of 50,000 Litres Per Day 25) Hot Mix Plant - Environmental Protection Act 26) Restrictions on Open Burning 27) Night, Sunday, and Holiday Work 28) Drainage 29) Bribery 30) Provisions for Traffic, Access, and Protection 31) Cold Weather Concrete 32) Falsework 33) Excess Loading of Motor Vehicles 34) Protection of Trees 35) Ontario Provincial Standards 36) Guaranteed Maintenance 37) Garbage Collection and Blue Box Recycling IB-l IB-l IB-l IB-2 IB-2 IB-2 IB-2 IB-2 IB-3 IB-3 IB-3 IB-3 IB-4 IB-5 IB-5 IB-6 IB-6 IB-6 IB-6 IB-6 IB-6 IB-7 IB-7 IB-7 IB-7 IB-7 IB-8 IB-8 IB-8 IB-8 IB-9 IB-9 IB-9 IB-l 0 IB-l 0 IB-IO IB-I0 I I I I I I I I I I I I I I I I I I I INDEX TO INFORMATION TO BIDDERS (March 2008) I I I I I I I I I I I I I I I I I I I IB-l INFORMATION TO BIDDERS 1) DATE AND PLACE FOR RECEIVING TENDERS: Tenders will be received by: Karen Kieffer, Director of Recreation Municipality of Kincardine 1475 Concession 5, R. R. 5 Kincardine, ON N2Z 2X6 until: 10:00 a.m., Wednesday, June 10,2009 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: The Municipality of Kincardine for the amount of: Five Thousand Dollars ($5,000.00). .. This deposit shall serve as evidence of good faith that if awarded the contract, the bidder will execute and enter into a formal agreement with the Owner within the time required and will furnish the security required to secure the performance of the terms and conditions of this contract. The tender deposit of the bidder whose tender is accepted shall be forfeited by him should he fail to execute a contract and provide the satisfactory bonds, referred to hereafter, within ten (10) days after receiving written notice from the Contract Administrator of the award of the contract to him. The deposits of unsuccessful bidders will be returned within thirty (30) days of the award of the contract. The deposit of the successful bidder shall be returned upon receipt of the performance bond and the signed contract. 3) SUBMISSION OF TENDER: a) Form of Tender: Tenders shall be submitted on the blank form herewith provided and shall give the lump sum and/or unit prices for the work, and the total tender shall be described in both words and figures. Bidders will be required to add Goods and Services Tax on the tender form in the space provided. The tender shall be signed by the bidder on page T-B of the Form of Tender and delivered in a sealed, opaque envelope, clearly marked TENDER. IB-2 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% ofthe total work to anyone subcontractor without written authorization of the Contract Administrator. Failure to provide this list may render the tender invalid. ~) Agreement to Bond: Bidders must have the "Agreement to Bond" forms, or equivalent, of this contract completed by their bonding company, and the same must be submitted with their tender in 'order to validate their bid. d) Addenda: Bidders shall sign and date all addenda and attach copies to the submitted Tender. 4) CLARIFICATION: Any details in question on this contract or in the accompanying plans shall be clarified by the bidder prior to submitting the bid. The unit prices as tendered shall include the supply of all permits, labour, equipment, and materials except where noted that are necessary to complete the contract. 5) WITHDRAWAL OF TENDER: A bidder will be allowed to withdraw their tender unopened after it has been deposited if such request is received in writing prior to the time specified for the closing of tenders. 6) DISQUALIFICATION OF TENDER: Tenders will not be considered where: a) They are received after the official closing time stated in the advertisement. b) They are not properly executed, and the associated documentation is not complete. c) They are not accompanied by a certified deposit cheque. d) They are submitted by "Fax". 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: 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. I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I lB-3 9) SUB-CONTRACTORS: The Contract Administrator shall reserve the right to review the Sub-Contractors proposed at the time of tendering and to approve any Sub-Contractors proposed after the contract is awarded. 10) TENDER ACCEPTANCE: Bidders are notified that any unbalanced items, errors, or omissions in the tender may render the tender invalid. Contractors are notified that each tender shall continue open to acceptance by the Owner until the formal contract is executed by the successful bidder or until at least thirty (30) days after the tender closing date, whichever occurs first. The Owner may at any time within that period, without notice, accept this tender whether any other tender had been previously accepted or not. The accepted bidder shall provide a Clearance Certificate from the Workplace Safety and Insurance Board. 11) PERFORMANCE AND PAYMENT BONDS: 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 (l 00%) of the total tender to guarantee the performance of all obligations of the contract. These Bonds shall be supplied to the Owner within ten (I 0) 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) GC 6.03.02.01 has been amended as follows: General liability insurance and completed oDerations coverage shall both be in the name of the Contractor, with the Owner and the Contract Administrator named as additional insureds, both with the limits of not less than five million dollars inclusive per occurrence for bodily injury, death, and damage to property including loss thereof, with a property damage deductible of not more than $5,000. The form of this insurance shall be the Insurance Bureau of Canada Form me 2100. 18-4 d) GC 6.03.07.01 has been amended as follows: The duration of each insurance policy, excluding completed operations coverage, shall be from the date of commencement of the Work until 10 days after the date of Final Acceptance of the Work, as set out in the final Acceptance Certificate. Completed operations coverage shall be maintained for six years from the date of Final Acceptance. e) 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: The Contractor shall complete this contract in its entirety by: July 22, 2009 - excluding pole and fixture installation 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 wiJl 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 wiJl be considered to be included in the prices bid for the various items of work and no additional compensation will be allowed therefore. If the Contractor is delayed in the completion of the work, 1) by reason of changes or alterations made under Section GC3.07 of the General Conditions; 2) by reason of any breach of contract or prevention by the Owner or other Contractor of the Owner or any employee of any one of them; 3) by reason of delay by the Owner issuing instructions or information or in delivering materials; 4) by any other act or neglect of the Owner or any other Contractor of the Owner or any employee of anyone of them; 5) for any cause beyond the reasonable control of the Contractor; or 6) by Acts of God, or of the Public Enemy, Acts of the Province or of any Foreign State, Fire, Floods, Epidemics, Quarantine Restrictions, Embargoes or delays of Sub-Contractors due to such causes, the time of completion shall be extended in writing at any time on such terms and for such period as shall be determined by the Contract Administrator, and notwithstanding such extensions, time shall continue to be deemed of the essence of this contract. 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. I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I IB-5 Any extension of time that may be granted to the Contractor shall be so granted and accepted without prejudice to any rights ofthe Owner whatsoever under this contract, and all such rights shall continue in full force and effect after the time limited in this contract for the completion of the work and whenever in this contract power and authority is given to the Owner or the Contract Administrator or any person to take any action consequent upon the act, default, breach, neglect, delay, non-observance or non-performance by the Contractor in respect of the work or contract, or any portion thereof, such powers or authorities may be exercised from time to time and not only in the event of the happening of such contingencies before the time limited in this contract for the completion of the work but also in the event of the same happening after the time so limited in the case of the Contractor being permitted to proceed with the execution of the work under an extension of time granted by the Contract Administrator. c) Liquidated Damages: It is agreed by the parties to the contract that in case all the work called for under the contract is not finished or completed within the date of completion, damages will be sustained by the Owner, and that it is and will be impracticable and extremely difficult to ascertain and determine the actual damage which the Owner will sustain in the event of and by reason of such delay and the parties hereto agree that the Contractor will pay to the Owner the sum of One Thousand Dollars ($1,000.00) per day for liquidated damages for each and every calendar day's delay in finishing the work beyond the date of completion prescribed, and it is agreed that this amount is an estimate of actual damage to the Owner which will accrue during the period in excess of the prescribed date of completion. The Owner may deduct any amount under this paragraph from any monies that may be due or payable to the Contractor on any account whatsoever. The liquidated damages payable under this paragraph are in addition to and without prejudice to any other remedy, action or other alternative that may be available to the Owner. 14) DISPOSAL AND USE OF EXCAVATED AND EXCESS MATERIALS: OPSS 180 shall apply to this contract. Excess materials shall be disposed of within or outside of the contract limits as set out elsewhere in the contract. 15) 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 Senrices Tax: The 5% 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. 18-6 16) 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 shan 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. 17) SALVAGEABLE MATERIAL: An existing materials along the line of construction deemed salvageable by the Contract Administrator shall be delivered to the storage site designated by the Contract Administrator. All other materials that, in the opinion of the Contract Administrator, cannot be salvaged shan be disposed of outside the limits of the contract, as directed by the Contract Administrator or at locations arranged for by the Contractor at his own expense. The Contractor will be responsible for all clean-up after construction to the complete satisfaction of the Contract Administrator. 18) GEOTECHNICAL INVESTIGATION REPORT: If a geotechnical investigation was performed for this contract, the report will be made available at the office ofthe Contract Administrator for inspection by any bidder but the office ofthe Contract Administrator assumes no responsibility for any errors or omissions which may be inherent in the soils report. Neither the Owner nor the Contract Administrator warrants interpretations of data or opinions expressed in any subsurface report. 19) UTILITIES: The location and depth of the utilities shown on the contract drawings are based on information obtained from the applicable operating authority. It is the Contractor's responsibility to contact the Municipal Authorities or Utility Companies for further information in regard to the exact location of these utilities or other utilities not shown on the drawings and to exercise the necessary care in construction operations and to take such other precautions as are necessary to safeguard the utilities from damage. This provision shall also apply to an storm and sanitary sewers, and the Contractor shall be completely responsible for the replacement or repair of any utilities or sewers damaged because of their operations. The Contractor shall adhere to the requirements for pipe support as provided by the utility company. 20) OCCUPATIONAL HEALTH AND SAFETY ACT 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. 21) WORKPLACE SAFETY AND INSURANCE BOARD CERTIFICATES The Contractor shall submit a current clearance certificate from the Workplace Safety and Insurance Board (WSIB) in advance of each monthly payment. Payment certificates will not be issued without receipt of a valid Workplace Safety and Insurance Board Certificate. I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 18-7 22) CONTRACT RELEASE: Prior to receiving the Statutory Holdback Release Payment Certificates based on Substantial Performance or Completion, the Contractor shall complete, in triplicate, the Contract Release, the Statutory Declaration re Payments of Accounts and the Statutory Declaration re Liens & Liabilities on the forms bound herein. Only the original, signed forms will be accepted by the Contract Administrator. 23) USE OF PREMISES: The Contractor shall confine the apparatus, the storage of materials, and the operations of workers to limits indicated by law, ordinances, permits or directions of the Contract Administrator and shall not unreasonably encumber the premises with materials. Use of any adjacent property for storage purposes will be the Contractor's full responsibility and will in no way involve the Owner. The Contractor shall secure permission from each property owner before trespassing on any property. 24) PERMIT FOR TAKING WATER IN EXCESS OF 50,000 LITRES PER DAY: Where the Contractor will require water in excess of 50,000 Iitres 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. 25) HOT MIX PLANT -- ENVIRONMENTAL PROTECTION ACT: The attention of the Contractor is drawn to the Environmental Protection Act, RSO 1980, and regulations under this Act. Compliance with these regulations does not relieve the Contractor of contractual obligations as set out in the General Conditions, Section GC7.0 I. 26) RESTRICTIONS ON OPEN BURNING: Any open burning must be in conformity with local municipal by-laws, regulations pursuant to The Ontario Fire Code and the conditions noted below. Open burning which does not conform to these policies may be in contravention of the Environmental Protection Act, RSO 1990. a) The Contractor shall assume full responsibility for conducting open burning in accordance with the safety measures required by police and fire services and the Ministry of Natural Resources and other regulatory bodies having jurisdiction. b) Open burning is prohibited in areas subjected to a smog alert advisory as issued by the MOE. c) 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. d) All open fires shall be limited as much as possible to daylight hours. e) All open fires shall be attended at all times. f) Open burning shall be located within the contract limits, no closer than 30 m to water bodies, and no closer than 150 m to any dwelling and shall be conducted in a manner that prevents odour, excessive smoke, material discomfort to nearby recipients, and a decrease in visibility on any roadway. g) No open fires shall be maintained when the wind is in such a direction as to cause a decrease in visibility on any highway. h) Open fires shall not be started on days of adverse weather such as rain, fog, or other conditions that prevent the ready dispersion of smoke. During the fire season this condition may be exempted in the fire zone, provided there are no occupied dwellings within 600 m. 1B-8 i) Materials to be burned shall consist of wood wastes only and shall not be burned in such a manner as to cause odour, excessive smoke or other material discomfort to nearby receptors. j) Debris from open fires shall not be piled adjacent to or discharged into watercourses. k) Open fires shall not be located between Sta._ and Sta. _' Where open burning is prohibited or impractical in specific areas ofthis contract, brush and debris may, as an alternative to burning, be disposed of outside the right-of-way in a manner approved by the Contract Administrator, so as not to be unsightly or potentially unsightly from any highway. The Contractor shall arrange for disposal areas at his own expense. 27) NIGHT, SUNDAY, AND HOLIDAY WORK: Work during the night, on Sundays or on Statutory Holidays shall not be permitted without the written permission of the Contract Administrator. 28) DRAINAGE: 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. 29) BRIBERY: Should the Contractor or any of the agents give or offer any gratuity to, or attempt to bribe any officer or servant of the Owner, the Owner shall be at liberty to cancel the contract forthwith or to direct the Contract Administrator to take the whole or any part of the works out ofthe hands of the Contractor. Bribery shall be considered as non-fulfilment of the contract by the Contractor. 30) 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 Contract Administrator. When requested by the Contract Administrator, the roadway shall be kept open by placing sufficient granular 11)aterial 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 Contract Administrator. The routing of such detours will be approved by the Contract Administrator. The Contractor shall be responsible for grading and maintaining any streets used as detours or haul roads and shall restore these roads to their original condition. The Contract Administrator may require that Granular "A" or Calcium Chloride be applied at the Contractor's expense to a street before allowing its use as a detour, or during the period of use. I I I I I I I I I I I I I I I I I I I I I I I I I I I' I I I I I I I I I I I IB-9 b) Rural Areas: 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 Contract Administrator. c) General: The Contractor shall be responsible for signing the detour and the detour shall be as per the Ontario Traffic Manual for roadway work operations under OTM Book 7 (Temporary Conditions). As per Book 7, the Contractor shall submit a traffic control plan a minimum of one week prior to any necessary traffic 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. Where applicable, the Contractor shall supply an adequate number of flagmen/women to direct traffic at all times during construction as required by the Contract Administrator. 31) COLD WEATHER CONCRETE: Unless otherwise specifically stated in the Special Provisions, the bidders shall note that no additional payment will be made for heating or cooling of concrete or housing of structure and heating of the housing enclosure. 32) F ALSEWORK: 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 Contractor is to submit three copies of the drawings to the Engineer at least one week prior to construction of the falsework. The grades and stresses of all materials shall be in accordance with the Canadian Standards Association (C.S.A.) latest revisions to standards CAN 086.1-M and S269.1. The deflection of beams used for falsework shall be limited to 1/360 of the span and shall be noted on the drawings. 33) 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. IB-IO 34) PROTECTION OF TREES: The Contractor's operations shall not cause damage to the trunk or branches of trees, or flooding or sediment deposits on areas where trees are not designated for removal. Protective measures shall be taken to safeguard trees from contract operations, equipment and vehicles. Unless stated elsewhere in the contract, equipment or vehicles shall not be parked, repaired, refuelled, construction materials shall not be stored, and earth materials shall not be stockpiled within the dripline area of any tree not designated for removal. Where the contract requires work within the drip line 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. 35) ONTARIO PROVINCIAL STANDARDS: Bidders are hereby advised that the Ontario Provincial Standards apply to this contract and are to be used where applicable. Bidders are responsible for familiarizing themselves with the latest revisions of the Ontario Provincial Standards. 36) GUARANTEED MAINTENANCE: i % of the value of the work will be retained for a period of 12 months following the date of completion as a guarantee of the proper performance of the work included in the contract. This amount will be released without interest upon expiry of the maintenance period and correction of all deficiencies. The maintenance holdback will be held in addition to the 10% holdback required by the Construction Lien Act. The holdback will be retained by the Owner, commencing during the latter part of the period of construction and generally not before the contract is approximately 80% complete. No alternate forms of security will be considered. 37) GARBAGE COLLECTION AND BLUE BOX RECYCLING: The Contractor shall be responsible for co-ordinating the collection of all garbage and blue box recycling, within the limits of the contract during construction, with the appropriate authority. I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I T-] FORM OF TENDER MUNICIPALITY OF KINCARDINE ST. ANDREWS PARK, TIVERTON CONTRACT NO. 09089 Tender by Huron Landscaoing Limited residing at R. R. #2 Lucknow. ON NOG 2HO a company duly incorporated under the laws of Ontario and having its head office at R. R. #2. Lucknow. ON NOG 2HO hereinafter called the "Bidder" To -- Municipality of Kincardine I/W e Greg Alton 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! Addenda Numbers 1 to 1 * inclusive, hereby tender and offer in accordance therewith to enter into a contract within the prescribed time, to construct the said work in strict accordance with the contract documents and such further detail drawings as may be supplied from time to time, and to furnish all labour, materials, tools, plant, matters and things necessary therefor, complete and ready for use within the time specified for the sum of One Hundred and Ten Thousand and Ninety-Three Dollars and Fifty-Five Cents ($110.093.55) or such other sum as is determined from the actual measured quantities at the unit prices set forth in the Tender. * The bidder will insert here the number of the Addenda received during the tendering period and taken into account when preparing the Tender. Bidders shall sign and date all addenda and attach copies to the the submitted Tender. I T-2 I THE AFORESAID SUM IS MADE UP AS FOLLOWS: I SCHEDULE OF ITEMS AND PRICES Item Spec. # Description Qty./Unit Price Amount I 1 206,SP Site grading and earth works 1 L.S. 4,800.00 I 2 351, SP Supply and place concrete I a) Concrete footing for fountain (900 nun dia) 1 L.S. 700.00 b) Concrete pad for games table 1 L.S. 570.00 I c) Concrete footings for light standards 1 L.S. 960.00 I d) Concrete pads for benches 1 L.S. 1,080.00 I 3 355, SP Supply and place precast concrete 1 L.S. 15,280.00 unit pavers I 4 SP Modular concrete block retaining wall 1 L.S. 2,112.00 I 5 SP Supply and Install Irrigation System 1 L.S. 6,750.00 Supply and install electrical equipment 10,920.00 6 601,603, 1 L.S. I SP 7 SP Install street lighting luminaires & poles 1 L.S. 8,085.00 I 8 SP Excavate for and plant trees, shrubs, 1 L.S. 41,029.00 I grasses, and mulch, including topsoil and sod 9 SP Supply and/or install site furnishings I a) Install Benches 1 L.S. 480.00 I b) Install Waste Receptacles 1 L.S. 150.00 I c) Install Games Tables 1 L.S. 300.00 d) Install Fountain 1 L.S. 750.00 I e) Supply and Install Wrought Iron Fence 1 L.S. 10,685.00 I I I I I I I I I I I I I I I I I I I I Item Spec. # Description 10 SP Cost of 100% Performance and 100% Labour and Material Payment Bonds and cost of insurance Sub-Total 5% GST TOTAL TENDER T-3 Qty./Unit Price Amount 1 L.S. 200.00 104,851.00 5242.55 110,093.55 I I I I I I I I I I I I I I I I I I I T-A STANDARD TENDER REQUIREMENTS I/We agree to complete the work within the time specified in the Information to Bidders. I/We also agree that this Tender is subject to a formal contract being prepared and executed. In submitting this Tender for the work, the Tenderer further declares: (a) That no person, firm or corporation other than the one whose signature or seal is attached below, has any interest in this tender or in the contract proposed to be taken; (b) That this tender is made without any connection, knowledge, comparison of figures or arrangement with any other company, firm or person making a tender for the same work and is in all respects fair and without collusion or fraud; (c) That no member of the Municipal Council or any officer of the Owner will become interested directly or indirectly as a contracting party without disclosing his interest and otherwise complying with "the Municipal Conflict oflnterest Act, RSO 1990"; (d) That the offer shown in the Schedule of Items and Prices is to continue open to acceptance until the formal contract is executed by the successful Tenderer for the said work or until thirty (30) days after the tender closing date, whichever event occurs first and that the Owner may at any time within that period without notice, accept this tender whether any other tender had been previously accepted or not; (e) That if we, the undersigned, withdraw this tender before the Owner shall have considered the tenders and awarded the contract at any time within thirty (30) days after the tender closing date, the amount of the deposit accompanying this tender shall be forfeited to the Owner; (f) That the awarding by the Owner of the contract based on this tender shall be an acceptance of the tender; (g) The Tenderer solemnly declares that the several matters stated in the foregoing tender are in all respects true; T-A Date Specified. doc I I I I I I I I I I I I I I I I I I I T-B (h) That if this tender is accepted, we the undersigned agree to furnish an approved surety bond for the proper fulfilment of the contract and to execute the Agreement in triplicate within ten (10) days after being notified so to do. In the event of default or failure on our part to do so, we the undersigned agree that the Owner shall be at liberty to retain the money deposited by us to the use of the Owner, and to accept the next lowest or any tender or to advertise for new tenders or to carry out the works in any other way deemed best and we also agree to pay to the said Owner the difference between this tender and any greater sum which the Owner may expend or incur by reason of such default or failure, or by reason of such acting, as aforesaid, on their part including the cost of any advertising for new tenders and to indemnify and save harmless the said Owner and its officers from all loss, damage, cost, charges and expenses which they may suffer or be put to by reason of any such default or failure on our part. The "Agreement to Bond" of the N/ A Company, a company lawfully doing business in the Province of Ontario, to furnish a Performance Bond and a separate Labour and Material Payment Bond, each in an amount equal to 100% of the contract price, is enclosed herewith. A certified cheque for the sum of ($5,000.00) is attached hereto. Five Thousand Dollars DATED AT Ashfield Township this 9th day of June ,20j!L. Signature of Witness (Signed) Signature of Bidder NOTE: 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 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. T-B 2 Bonds.doc I I I I I I I I I I I I I I I I I I I STATEMENT RE: SUB-CONTRACTORS The following is a list of Sub-Contractors or Sub-Trades intended to be used in the execution of the contract showing the approximate portion of the work to be allotted to each. ITEM SUB-CONTRACTOR'S Name and Address Percent of Contract 1. Electrical Equipment Sepoy Wiring, Lucknow, ON 10.5% 2. Street Lighting Sepoy Wiring, Lucknow, ON 7.78% 3. Irrigation System Platinum Irrigation, Hanover, ON 5.77% 4. 5. 6. 7. 8. 9. 10. 11. 12. F:\wp\Contracts\F orms\Sub-Contractors.doc I I I I I I I I I I I I I I I I I I I AGREEMENT TO BOND (PERFORMANCE BOND AND LABOUR AND MATERIALS PAYMENT BOND) ** Date: ,20_ PROJECT NO. CONTRACT NO. TO: Dear Sirs: RE: In consideration of (hereinafter referred to as "the Owner") accepting the tender of and executing an Agreement with: (hereinafter referred to as "the Tenderer") for the construction of subject to the express conditions that the Owner receive the Performance Bond and the Labour and Material Payment Bond in accordance with the said tender, we the undersigned hereby agree with the Owner to become bound to the Owner as surety for the Tenderer in a Performance Bond and a Labour and Material Payment Bond each in an amount equal to 100% of the contract price or other such greater amount as may be determined by the Owner, in the forms of Performance Bond and Labour and Material Payment Bond provided and in accordance with the said tender, and we agree to furnish the Owner with said Bonds within seven (7) days after notification of the acceptance of the said tender and execution of the said Agreement by the Owner has been mailed to us. Yours very truly, (Seal) NOTE: This Agreement to Bond must be executed on behalf of the Surety Company by its authorized officers under the company's corporate seal. Of the two forms bound herein, one shall become a part of the tender and the other shall be retained by the Surety Company. ** Enter the name and address of the Surety Company at the top of the page. F:\ wp\Contracts\F onns\Ag T oBond- 2bonds.doc I I I I I I I I I I I I I I I I I I I PERFORMANCE BOND Bond No. Project No. Amount $ Contract No. KNOW ALL MEN BY THESE PRESENTS, that we hereinafter called "the Principal" and hereinafter called "the Surety", are jointly and severally held and firmly bound unto hereinafter called "the Obligee" its successors and assigns, in the sum of Dollars ($ ) of lawful money of Canada, to be paid unto the Obligee, for which payment well and truly to be made we the Principal and Surety jointly and severally bind ourselves, our and each of our respective heirs, executors, administrators, successors and assigns by these presents. SIGNED AND SEALED with our respective seals and dated this 20 day of WHEREAS by an agreement in writing dated the day of , 20_, the Principal has entered into a contract with the Obligee, hereinafter called "the Contract", for the construction, alteration, repair or maintenance of a public work, namely as in the Contract provided, which Contract is by reference herein made a part hereof as fully to all intents and purposes as though recited in full herein. NOW THEREFORE THE CONDITION OF THIS OBLIGA nON IS SUCH that if the Principal shall at all times duly perform and observe the Contract including all the terms and conditions thereof, to the satisfaction of the Obligee and shall at all times fully indemnify and keep indemnified the Obligee from and against all and any manner of loss, damage, expense, suits, actions, claims, liens, proceedings, demands, awards, payments and liabilities arising out of or in any manner based upon or attributable to the Contract and shall fully reimburse and repay the Obligee for all outlay, expense, liabilities, or payments incurred or undertaken to be made by the Obligee pursuant to the Contract, then this obligation shall be void, but otherwise it shall be and remain in full force and effect. I I I I I I I I I I I I I I I I I I I Performance Bond Page 2 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 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 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 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 greater sum than that specified in this bond. In Witness Whereof the Principal and the Surety have executed these presents. SIGNED AND SEALED BY THE PRINCIPAL ) ) Per: In the presence of: ) ) Per: ) Principal Witness ) ) Occupation ) ) Address ) Surety F:\wp\Contracts\Forms\Performance Bond.doc I I I I I I I I I I I I I I I I I I I LABOUR AND MATERIAL PAYMENT BOND Bond No. Project No. Amount $ Contract No. KNOW ALL MEN BY THESE PRESENTS, that we hereinafter called "the Principal", and hereinafter called "the Surety", are jointly and severally held and firmly bound unto as Trustee, hereinafter called the "Obligee", for the use and benefit of the Claimants, their and each of the 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 Principal and Surety jointly and severally bind ourselves, our and each of our respective heirs, executors, administrators, successors and assigns by these presents. 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 which Contract is by reference herein made a part hereof as fully to all intents and purposes as though recited in full herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if the Principal shall make payment to all Claimants for all labour and material used or reasonably required for use in the performance of the Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect, subject, however, to the following conditions: I I I I I I I I I I I I I I I I I I I Labour and Material Payment Bond Page 2 1. A Claimant for the purpose of this Bond is defined as one having a direct contract with the Principal for labour, material, or both, used or reasonably required for use in the performance of the Contract, labour and material being construed to include that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment, directly applicable to the Contract provided that a person, firm or corporation who rents equipment to the Principal to be used in the performance of the Contract under a contract which provides that all or any part of the rent is to be applied towards the purchase price thereof shall only be a Claimant to the extent of the prevailing industrial rental value of such equipment for the period during which the equipment was used in the performance of the Contract. 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 party to such proceeding, then such act, action or proceeding, shall be taken on the understanding and basis that the Claimants, or any of them, who take such act, action or proceeding shall indemnify and save harmless the Obligee against all costs, charges and expenses or liabilities incurred thereon and any loss or damage resulting to the Obligee by reason thereof. Provided still further that, subject to the foregoing terms and conditions, the Claimants or any of them, may use the name of the Obligee to sue on and enforce the provisions of this Bond. 3. 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 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: I I I I I I I I I I I I I I I I I I I Labour and Material Payment Bond Page 3 I) in respect of any claim for the amount or any portion thereof required to be held back from the Claimant by the Principal under either the terms of the Claimant's contract with the Principal or under the 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 the Claimants contract with the Principal. 2) in respect of any claim other than for the holdback, or portion thereof, referred to above, within one hundred and twenty (120) days after the date upon which such Claimant did, or performed, the last of the work or labour or furnished the last of the materials for which such claim is made, under the Claimant's contract with the Principal. (b) After the expiration of one (I) year following the date on which the Principal ceased work on the Contract, including work performed under the guarantees provided in the Contract. (c) Other than in a Court jurisdiction in the Province of Ontario, and the parties hereto agree to 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 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. PROVIDED AL WAYS 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 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 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 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 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. I I I I I I I I I I I I I I I I I I I Labour and Material Payment Bond Page 4 PROVIDED FURTHER and it is hereby agreed and declared that the Surety shall not be liable for a greater sum than that specified in this Bond. IN WITNESS WHEREOF the Principal and the Surety have AFFIXED THEIR SIGNATURES AND CORPORATE SEALS this _ day of , 20_ SIGNED AND SEALED BY THE PRINCIPAL ) ) ) ) ) ) ) ) ) ) Surety In the presence of: Principal Witness Occupation Address F:\wp\Contracts\Forms\L&M Bond.doc I I I I I I I I I I I I I I I I I I I SCHEDULE OF PLANS, SPECIFICATIONS, GENERAL CONDITIONS & STANDARDS The work specified in this contract will be performed in strict accordance with the following plans, specifications, General Conditions, standards, etc. for the Municipality of Kincardine, St. Andrews Park, Tiverton, Contract No. 09089 A. SPECIAL PROVISIONS - Pages SP-I to SP-31 B. PLANS - Drawing No. I of I C. INFORMATION TO BIDDERS - Pages 18-1 to 18-10 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. 206-Nov/00 314-Nov/04 351-Nov/05 570-Nov/07 571-Nov/07 601-Nov/04 603-Nov/08 904-Nov/08 E. STANDARD DRAWINGS 2100.05 2102.01 2103.02 2103.05 2255.010 2302.02 F. FORM OF TENDER G. SUPPLEMENTAL GENERAL CONDITIONS - SGC-l H. GENERAL CONDITIONS - OPSS.MUNI 100 Rev. Date: 11/2006 I. AGREEMENT J. MUNICIPALITY OF KINCARDINE CORPORATE STATEMENT OCCUPATIONAL HEALTH AND SAFETY K. PERFORMANCE BOND L. LABOUR AND MATERIAL PAYMENT BOND M. CONTRACT RELEASE N. STATUTORY DECLARATION RE PAYMENT OF ACCOUNTS O. STATUTORY DECLARATION RE LIENS AND LIABILITIES P. APPENDICES I I I I I I I I I I I I I I I I I I I SPECIAL PROVISIONS Item No. 1 Item No.2 INDEX TO SPECIAL PROVISIONS Disposal of Surplus Materials.... ......... .......... ............ .......................... ............ SP-1 Co-ordination of Work by Others. ...... ......... ......... .......... .................... ............ SP-1 Earth Excavation .............. ................ ............. ............. ............................ ...... SP-1 Concrete....................................................................................................... SP-2 Item Nos. 3 & 4 Place Precast Concrete Unit Pavers and Modular Block Wall....................SP-2 Item No.5 Item No.6 Item No.7 Item No.8 Item No.9 Item No. 10 Supply and Install Irrigation System............... ............... .............. ................ SP-6 Supply and Install Electrical Equipment. ......................... .......................... SP-19 Install Street Lighting Luminaires and Poles ............................................. SP-19 Excavate for and Plant Trees, Shrubs, and Mulch.....................................SP-19 Supply and/or Install Site Furnishings ... ............................. ................ ....... Sp.28 Bonding and Insurance ..... ......... ...... ....... .................. .......... .................. ..... Sp.31 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I SP-l GENERAL DISPOSAL OF SURPLUS MATERIALS All excavated material shall become the property of the Contractor, and the Contractor's unit price bid for the item shall include the cost of loading, hauling, dumping and levelling the material as directed by the Contract Administrator. The Contractor's management of excess materials shall be in accordance with OPSS 180. 1. Earth material shall be disposed of by the Contractor, outside the contract limits. 2. Asphalt shall be disposed of by the Contractor, at an approved site outside the contract limits. 3. Concrete shall be disposed of by the Contractor outside the contract limits. CO-ORDINATION OF WORK BY OTHERS The Contractor will co-ordinate his work with Hydro One for the installation of new underground ducts. Hydro One will be burying the current overhead hydro service that extends from Hwy 21 to the McKellar building (west of the site). The contractor shall give the utility sufficient time to complete their work. ITEM NO.1 EARTH EXCAVATION For the unit price bid, the Contractor shall strip the topsoil and prepare the site for the unit pavers and plantings. Excavated material can be used to create berms in the flower beds. Excess material shall be disposed of off site as outlined under the General SP - Disposal of Surplus Materials. The unit price bid shall include the removal and disposal of designated asphalt, including curbs and any other minor structures encountered during the course of construction if not included as a separate item in the contract. The Contractor shall give the local utility sufficient time after the excavation is completed to do any work necessary regarding utilities before any granular backfill is placed. ITEM NO.2 CONCRETE For the lump sum bid, the Contractor shall supply all labour and materials to place concrete pads and foundations where indicated on the drawings. OPSS 351 is amended to include the following: SP-2 351.05.01 - Concrete - coarse aggregate shall be crushed limestone and the mix design shall be submitted to the Engineer for approval. - Granular - the granular material shall be Granular "A". - Granular Base - the placement depth of Granular "A" shall be 125 mm minimum or to the same depth as the sidewalk or drive. - Joints, all longitudinal and transverse joints shall be saw cut contraction joints in the hardened concrete within a sufficient time of placing the sidewalk. - Basis of Payment - Granular "A" shall be paid under the item Granular "A" as specified in OPSS 314. 351.05.04 351.07.02.02 351.07.10 351.10 a) Fountain The fountain shall be installed on a 900mm dia concrete base. The concrete base shall extend 1.2m below the surface of the ground and a minimum of 450mm above grade. All material and workmanship used in the construction of the fountain base shall be in strict accordance with the latest revisions of Division 9 of the Ontario Provincial Standard Specifications, and the most recent version of the Ontario Building Code. Concrete shall meet the requirements for CSA A23.1 Exposure Class C-2 (32Mpa). b) Games Tables The lump sum bid shall include two (2) concrete pads measuring 1.8m x 1.8m x 150mm with 150mm of compacted Granular' A' for the games tables. c) Light Standards The poles shall be mounted on the 450mm dia. concrete footings that have a bury depth of 1.50m below finished grade. d) Benches The lump sum bid shall include 6 concrete pads for the benches. ITEM NOS. 3 & 4 PLACE PRECAST CONCRETE UNIT PAVERS and MODULAR BLOCK WALL For the unit price bid the contractor shall supply all labour equipment and materials for the complete installation of the unit pavers, a 450mm (minimum) high retaining wall that circles the water fountain and soldier course banding in front of flower beds. The unit price bid shall include all granular materials. 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 been responsible for satisfactory installations during a period of at least five (5) years. I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I SP-3 Basis of Payment Unit paver schemes and wall shall be paid be a lump sum item. GENERAL Description This section specifies the supply and installation of precast concrete unit pavers (interlocking paving stone). References CAN3-A231.2-M85 Precast Concrete Pavers. ASTM D698-78 Test Methods for Moisture-Density Relations of Soils and Soil-Aggregate 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. Submittals Submit sample of each type of paving unit prior to installation. All required paving stones are to be supplied from the same production run to ensure uniform colour throughout paved area. Product Delivery, Storage and Handling All paving stones are to be delivered and stored on site on wooden pallets in location approved by Contract Administrator. Protect paving stone against damage and adverse conditions while in storage. Remove and replace, at no extra cost, all damaged, cracked, chipped or broken paving stones. Store sand on site in location approved by Contract Administrator. Various types of sand to be kept separate in separate locations. Inspection Stake out paving locations and place stakes indicating proposed grades. Obtain approval of Contract Administrator before proceeding. Obtain approval of the paving base from the Contract Administrator before proceeding. Protection Prevent damage to trees, fences, curbs, roads and adjacent property. Make good any damage. SP-4 PRODUCTS Materials Unit Pavers and Modular Blocks: uniform in material, colour, size and from Oaks Concrete Products Limited 1-877-494-6645 or approved equal, to CAN3-A231.2. Paving stone to be: . 6"x9" Colonnade Paver, colour- Timberwood . Fineline Unit Paver, colour - Timberwood in stone weave pattern. Modular Block Wall . Oaks Castlerok wall units and coping, colour-Mahogany Unit Paving schemes/patterns shall match existing pattern on Main Street. 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. 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. Joint filler: A clean sharp, fine sand, free of deleterious material, conforming to CSA-AI79-94 or polymeric sand joint filler as supplied by Oaks or approved equivalent, as per details. PVC Edge: Pave Edge as supplied by Oaks or approved equivalent. EXECUTION Subgrade Ensure that subgrade preparation conforms to levels and compaction required to allow for installation of granular base. Ensure finished sub grade is smooth and even. Granular Base Spread and compact granular "A" in uniform layers not exceeding 100 mm compacted thickness. Compact to 100% S.P.D.D. as per details. Shape and roll alternately to obtain a smooth, even and uniformly compacted granular base and ensure conformity of grades with finished surface. I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I SP-5 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. In areas not accessible to rolling equipment, compact to specified density with approved mechanical tampers. 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. Maintain all edges straight and uniform with continuous smooth curves to radii indicated. Granular materials shall be placed in layers prior to compacting in accordance with the amended OPSS 314. Installation Place sand as setting bed material to thickness indicated. Spread evenly over prepared base. Avoid mixing with granular base material. Ensure setting bed is dry (4-8% moisture content) prior to placement of unit pavers. Screed 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. Use edge stones as required and unit paver edge material as per details and ensure a tight butt joint between all stones. 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. Tamp down and level pavers with mechanical plate vibrator on minimum 19 mm thick plywood 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. 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. SP-6 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. ITEM NO.5 SUPPLY AND INSTALL IRRIGATION SYSTEM SCOPE OF THE WORK Work Includes . The design of an irrigation system for St. Andrews Park that will provide 100% coverage of the planting beds and grassed areas. . The work consists of installing a complete underground sprinkler system to efficiently irrigate the areas identified in the accompanying drawings. . Plumbing and electrical work will conform to the prevailing codes. . The construction of the sprinkler system will include furnishing, installing and testing of all irrigation equipment, along with the restoration of the site to its original condition. . Construct temporary control centre mount as per detail. Materials and Workmanship . The irrigation contractor will have attained certification by the Irrigation Association as a Certified Irrigation Contractor. . Whenever any material is specified by name and/or number thereof, such specifications will be deemed to be used for the purpose of facilitating a description of the materials and establishing quality, and will be deemed and construed to be followed by the words "or approved equal". . The system will be installed as shown on the design with no deviation in the number, type, size, nozzle radius, or features of sprinklers without the written approval of the landscape architect and client. . The system will be zoned. The piping layout is up to the discretion of the contractor, however, all planting beds and grassed areas shall receive 100% coverage. . Sufficient descriptive literature and samples must be furnished for all materials submitted for "approved equal" status. I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I SP-7 . All materials will be new and without flaws or defects. . All materials will be guaranteed for a period of one (1) year against material defects and workmanship. Electrical Supply and Controller Location . The irrigation controller location shall be located in the northwest comer of the site in close proximity to Electrical Supply IR.l. . The electrical contractor is responsible for providing a 240-volt power supply within three feet of the controller location. Backflow Prevention . The mechanical contractor shall be responsible for the supply and installation of a 3" Double check valve assembly backflow preventer. Point of Connection . The point of connection shall be at the northwest comer of the site to the existing 19 mm copper water service. Water Source . The water source shall be from the municipal water supply. Winterization . All irrigation systems located in freezing climates must be drained to avoid damage. This will be accomplished by: - Utilizing an air compressor, with the installation of the required adapter to the irrigation mainline as part of the initial construction. . The Irrigation Contractor is responsible for the supply and installation of the appropriate winterizing provision (access) and will complete the winterizing operation the first year as part of the initial construction contract. Spring Start-up . The irrigation contractor is responsible for starting up the system in the spring following the first winterization. The contractor will responsible for: - pressurizing the system - operating all zones - adjusting arcs of heads as needed - scheduling the controller as needed - replacing any parts under warranty - and notifying the owner of any repairs needed that are not covered under warranty. SP-8 Guarantee . The irrigation system will be installed as shown on the design to provide complete coverage without excessive overthrow onto streets, driveways and buildings. . The entire system will be guaranteed to be complete and function perfectly in every detail for period of one year from the date of its acceptance. . Service performed by outside personnel other than the installing contractor will void the guarantee. . Damage caused by vandalism, misuse or acts of God are not covered. As-Built Drawings . Upon completion of work an as-built drawing of the system will be prepared indicating: - .1 sprinkler model and location - .2 pipe size and location - .3 automatic valves model and location - .4 winterizing adapter location (if applicable) - .5 wire or control tube location - .6 controller location - .7 main shut-off valve and any isolation valve locations - .8 dimensioned location of buried sleeves . The as-built drawing will be drawn to scale. Utilities . The owner shall make the Contractor aware of all public utilities servicing the property, and provide written notation pertaining to all private utilities located on the property. . The Contractor shall notify the utility companies and arrange for cable locations prior to the commencement of any work, and shall be responsible for any damage to the public and private utilities described above. MATERIALS All materials, sprinklers, valves, controllers, and sensors shall be manufactured by Rain Bird. Size and placement to be determined by the Contractor. Pipe . Identification - All pipe will be continuously and permanently marked with the manufacturer's name or trademark, size, schedule and type of pipe, and working pressure at 21 degrees Celsius. I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I SP-9 . Delivery - Plastic pipe will be delivered to the site and stored in such a manner to provide adequate protection for the pipe ends either threaded or plain. . P.V.c. Pipe and Fittings - One-inch P.V.C. pipe will be class 200 (SDR-21) direct burial pipe and will be homogeneous throughout and free from visible cracks, dents, holes or foreign materials. - All P.V.C. pipe larger than one inch will be class 160 (SDR-26) direct burial pipe and will be homogeneous throughout and free from visible cracks, dents, holes or foreign materials. - All plastic pipe fittings to be installed shall be a minimum of schedule 40 moulded fittings manufactured of the same material as the pipe and shall be suitable for solvent weld, slip joint ring tight seal, or screwed connections. - All threaded connections under pressure should be Teflon taped. Sprinklers - to suite site and 100% coverage. . Large Turf Rotor - Rain Bird 7005 Series - The full or part circle sprinkler shall be a single stream, water lubricated, gear drive type. - The sprinkler shall be capable of both full circle and part circle operation in the same unit. - The mode of operation shall be selected by inserting a flat blade screwdriver in the top of the rubber cap and turning a selector approximately 45 degrees. - The sprinkler shall not reverse direction during continuous operation in the full circle mode. - The part-circle sprinkler shall have adjustable arc coverage of 50 to 330 degrees. - Arc adjustments can be performed with or without the rotor in operation and shall require only a flat blade screwdriver. - The arc adjustments are possible for both the right and left trip of the sprinkler. - The sprinkler shall have a rotating nozzle turret independent of the riser stem. - The portion of the riser stem that is in contact with the wiper seal shall be non- rotating. - The sprinkler shall have a non-strippable drive mechanism and permit manual rotation of the pop-up stem in any direction. - This shall have no effect on either the drive or the set arc. - Once the manual rotation terminates, the sprinkler shall automatically return the water stream to its preset arc. - The sprinkler shall have a pressure activated, multi-function, soft elastomer wiper seal. SP-I0 - This wiper seal shall prevent the sprinkler from sticking in the up position, and be capable of sealing the sprinkler riser stem to the sprinkler cap under normal operating pressures. - The sprinkler shall have a screen attached to the drive housing to filter inlet water, protect the drive from clogging and simplify its removal for cleaning and flushing of the system. - The sprinkler body shall have a I" female NPT bottom inlet. - The sprinkler shall have a standard rubber cover that designates each adjustment opening from the top. - The sprinkler shall have a two-piece, front-load nozzle assembly that will allow the nozzle installation without a stator bushing change. - The primary and secondary nozzle ports shall be contained in one of the parts and shall be unique to each nozzle size. - The tertiary nozzle port shall be common to all of the other primary/secondary nozzle assemblies. - The sprinkler shall have a selection of eight color-coded nozzles. - All but the #4 and #6 nozzles shall have three ports for optimal close in, mid-range and long-range water distribution. - The sprinkler shall have a stainless steel nozzle retention screw. - The angle of trajectory shall be 25 degrees from horizontal. - The sprinkler shall have a strong stainless steel retract spring for positive pop-down. - The sprinkler shall have a standard Seal-A-Matic™ (SAM) device capable of holding up to 1 0 feet of head. Valves - to suit site . Rain Bird 150-PGA Valve - The remote control valve shall be a normally closed, 24 V AC 50/60 cycle solenoid actuated globe/angle pattern design capable of having a flow rate of 100 GPM with a pressure loss of up to 19.2 PSI. - The valve pressure rating shall be up to 150 PSI. - The valve body and bonnet shall be constructed of high-impact, weather resistant PVC with stainless steel screws. - The valve shall have manual open/close control (internal bleed) for manual opening and closing of valve without electrically energizing the solenoid. - The valve's internal bleed shall prevent flooding of the valve box. - The valve shall house a fully encapsulated, one-piece solenoid. - The solenoid shall have a captured plunger with a removable retainer for easy servicing, and a handle for easy turning. - The 24 V AC 50/60 Hz solenoid shall open with 19.6 V AC minimum at 150 psi. - The valves average inrush current shall not exceed 0.41 amps at 24 V AC. - The valves average holding current shall not exceed 0.23 amps. I I I I I I I I I I I I I I. I I I I I I I I I I I I I I I I I' I I I I I I I SP-ll - The valve shall have a flow control stem for manual regulation and/or shutoff of the outlet flow. - The valve must open or close in less than 1 minute at 150 psi, and less than 30 seconds at 20 psi. - The valve construction shall provide for all internal parts to be removable from the top of the valve without disturbing the valve installation. - The body shall have a removable a-ringed plug for installation in either globe or angle configuration. Quick Coupling Valve - to suit site . 5RC One Piece Quick Coupling Valve - The quick coupling valve will be a one-piece type constructed of heavy cast brass. The cover shall be a durable, protective self-closing rubber cover. When so specified, the cover shall be a locking rubber cover (LRC). - The valve will be opened and closed by a brass key of the same manufacturer having a 1" (MNPT) and 1" (FNPT) outlet. The valve throat shall have a keyway with detent positions for regulating water flow. - The quick coupling valves will be installed in a 10" round valve box, with the top of the valve box flush to the ground. The quick coupling valves shall be installed on unitized swing joints with side pressure stabilizers on the valve body. Controllers - to suit site . Rain Bird ESP-20LX + Hybrid Controller - The irrigation controller shall be a hybrid type, that combines electromechanical and microprocessor based circuitry capable of fully automatic, semi-automatic, and manual control of irrigation systems. The controller shall be housed in a wall- mountable, heavy duty, plastic, and weather resistant cabinet with a key-lock door and shall be suitable for indoor or outdoor applications. - The controller shall operate on 117 V AC::!: 10% at 60Hz and shall be capable of operating up to two 5.5 V A 24 V AC electric remote control valves per station plus a master valve or a pump start relay. - The controller shall have an electronic, diagnostic circuit breaker that shall sense a station with an electrical overload or short circuit and shall bypass the station and shall continue to operate all other stations in the program in sequence. - The controller shall have four separate irrigation programs (A, B, C, & D-drip) which may be programmed for different start times, station assignments, station watering time lengths and any of four independent cycle modes CUSTOM, CYCLICAL, ODD, or EVEN. - Each program shall be capable of up to 6 starts times per day. - Each station of the controller shall be capable of an operating range from 0 to 12 hours, with 0 to 120 minutes selectable in 1 minute increments and above 120 minutes selectable in 10-minute increments. SP-12 - The controllers shall have a separate water budget feature for each of the A, B, C, or D-drip programs. - The water budget feature shall allow simultaneous adjustment for all stations on a program from 0% of set running time to 300% of set running time. Adjustments shall be in I % increments. - The controller shall be capable of "stacking" A, B, and C programs and operating them sequentially to prevent overlapping irrigation cycles. Only the D-drip program shall be allowed to start at any time regardless of another program in operation. When the D-drip program is in operation along with an A, B, or C program, the controller shall be capable of displaying both stations that are in operation and their program assignments. - The controller shall have a 365-day calendar with a day-of-the-month OFF feature allowing the operator to set specific dates to be off up to 30 days in advance. - A date set to OFF shall override the normal, repeating day schedule and shall remain off on that date, and shall display to the operator that the current day is a non-water day. All OFF days shall revert to ON once the day passes, with the exception of the 31st, which must be manually reset to ON. - Each of the four programs shall have the ability to be set with a time delay between operation of stations. This delay shall occur at the end of each station's watering and before proceeding to the next assigned watering station. The delay shall be adjustable from 0 seconds to 9 hours. - The controller shall have a master valve/ pump start circuit that shall provide 24-volt A.C. power for either a master valve or pump start relay when any of the controller's stations are in operation. - The controller shall provide the operator the capability to disable concurrent operation of the master valve/pump start circuit from any station desired. The controller shall have a sensor circuit for connection to a rain sensor or to an underground moisture sensor system. When the sensor reaches its "wet" setting and is either interrupting or restricting voltage, the same restriction shall be made to the valve common terminal to prevent or interrupt irrigation. - The controller shall have an indicator light that shall be on whenever the sensor switch is set to "ACTIVE". - The controller shall have a front-face-panel-mounted sensor bypass switch that shall allow the operator to override the sensor if desired. - The controller shall have a battery recharging circuit and a factory-supplied 9-volt rechargeable battery. - A fully charged battery shall maintain clock time and program memory up to one week during a power outage. - The controller shall have a nonvolatile memory to maintain the program during power outage in the absence of battery backup. - The front panel shall be removable and programmable under battery power. - The controller shall have a connector to mate to the remote control receiver. I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I SP-I3 The operator shall be able to remotely initialize and advance a manual test program that sequentially runs all stations that have time scheduled in any program for the default run time, start and stop any station without sequencing, start and stop any program and program the run time on any station in the program. - The remote operation shall be able to override the controller's rain sensor and off modes. . Rain Bird ESP-32MC Hybrid Controller - to suit site - The irrigation system controller shall be of a hybrid type that combines electromechanical and microprocessor-based circuitry capable of fully automatic and manual operation. The controller shall operate on a 117 V AC ::I: 10% power input and be capable of actuating up to two 24 V AC, 7V A solenoid valves per station plus a master valve or pump start relay. - The controller shall be capable of operating four stations plus the master valve simultaneously. - Controller output shall be protected against severe electrical surge. - The controller shall have four separate irrigation programs (A, B, C, & D) which can have different start times, watering days, day cycles, and station timing. - Each program shall have eight start times per day. - Each station of the controller shall be capable of an operating time of 0 to 2 hours in one-minute increments and 2 to 12 hours in IO-minute increments. - The controller stations shall be capable of automatic sequential stacking to avoid overlapping operation unless programmed to overlap. The controller shall have a 365-day calendar with day-of-the-month OFF feature. - Programs will run on an ODD/EVEN day cycle, day-of-the-week ON/OFF cycle, or in cycles from 1 to 99 days. - The controller shall have a programmable rain shut-down from 1 to 99 days. - The controller shall have two master valve/remote pump start circuits for use with a master valve to pressurize the system when the irrigation cycle starts or to activate a remote pump start relay to run the pump during the irrigation cycle. One master valve/pump start circuit shall be programmable by station; the other shall function whenever a station is active. - The controller shall be capable of being operated manually at any time. The controller shall allow a manual single station, a group of stations, or a program to be selected to run for a programmed time without affecting the normal program. - The controller shall be capable of running a variable system test program without affecting the normal program. - The controller shall be upgradeable by use of a Maxicom2@ Interface Board. - The controller shall have Cycle and Soak™ water management software that is capable of operating each station for a maximum cycle time and a minimum soak time to reduce water collection and run-off. - The maximum cycle time shall not be extended by water budgeting. SP-14 - The controller shall include a feature that allows the setting of a delay between station operation. The delay shall be set by program and shall be able to be set from 0 seconds to 9 hours. - The controller shall have an internal nonvolatile memory which will retain the irrigation schedule for a minimum of 100 years without power. - The controller shall have a 9 VDC rechargeable battery and recharging circuit that shall be included for counting down the program-in progress during a power outage and shall allow programming of the controller when it is disconnected from the main power supply. - The controller shall have a station status indicator light and a master valve status indicator light. These lights will indicate station operation and circuit integrity. - An indicator for sensor status will be found on the front panel along with a switch to suspend sensor operation. . Rain Bird "Rain Stop" Rain Sensor - The rain sensor shall employ an electromechanical actuating device designed to cause a circuit interrupt that temporarily disables the irrigation controller during periods of significant rainfall. - The device shall automatically restore the controller to a normal operating condition after a short length of time, subsequent to the rainfall. - The device shall be suitable to be wired - normally closed (N.C.) - in series with the valve common; and, shall include a short-lead to allow wiring Normally open (N.a.) when necessary. - The device shall be of rugged construction to withstand the elements, including exposure to sunlight (V. V. ) - The device shall include a V.L. listed, 3A @ 125/250 V AC rated electrical switch. - The device shall be of sufficient capacity to be used with a maximum of three 24 V AC, 7 V A solenoid valves per station, plus one master valve. - The rain sensor shall incorporate a provision that allows the installer to select from several rainfall settings. The setting increments shall be displayed in both English and metric units. - The device shall include a vent ring to help control drying time of the mechanical components. Backflow Preventer . Conbraco 3" Double Check Valve - The backflow preventer shall be a Double Check Valve type including four (4) resilient-seated test cocks and two (2) resilient-seated ball valves. - The two (2) check valves shall act independently and be internally loaded. - Each check valve shall maintain a minimum of I psi in the normal direction of flow, under static conditions. - Both check valves and all test cocks shall be top mounted for ease of testing, repair and maintenance. I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I SP-15 - The backflow preventer shall be suitable for supply pressure up to 175 psig and water temperatures from 33 to 1800 F. - The backflow preventer shall meet the requirements of the following standards: USC's FCCC & HR Manual, Sec. 10, ASSE 1015, A WW A C-51O and CSA B64.5. . Wiring - All 115 volt wiring shall conform to the local electrical codes. - All 24 volt control wire between the solenoid valves and the controllers shall be #14 gauge TWU-IO solid conductor, white jacket for the common wire, and coloured for the power wire. If two or more controllers are used, each unit must have their own common WIre. . Manual Control and Isolation Valves - All manual valves shall be bronze gate valve construction, featuring a non-rising stem and minimum operating pressure of 125 psi. Bronze full-port ball valves are also acceptable. . Valve Boxes - All manual and automatic valves shall be enclosed in proper irrigation thermo-plastic Carson or Rain Bird valve boxes, of size as required to permit "ease of access" for servicing purposes. The boxes shall feature locking or hinged covers, with an impregnated green colour. - The term "ease of access" means that every solenoid and manual valve should have adequate access for all types of maintenance. - All valve access boxes shall be installed on a suitable base of gravel for proper foundation of box and easy levelling of box to proper grade, and also to provide proper drainage of the access boxes. All valve access boxes shall be provided with proper length and size extensions, wherever required, to bring the valve box level with the finish grade, unless specified to be buried below grade. - Valve boxes shall be located in planting areas whenever possible. - Locking bolts shall be installed in valve boxes. .. Sleeves - All sleeving material shall be Class 160 PVC. - Electrical wiring shall have separate sleeves. EXECUTION Excavation And Backfill . Trenching - Trenches for sprinkler lines and wiring will be of sufficient width (minimum of six inches (6") to permit proper handling and installation of the pipe and fittings. SP-16 - The first four inches (4") of backfill material over the pipe will be free of stone or any foreign objects greater than % inch diameter. The top six inches (6") of backfill shall be free of rocks over one inch, or trash. Piping less than 1 ~ inches in diameter shall have a minimum cover of ten inches. Piping greater than 1-~ inches in diameter shall have a minimum cover of fifteen inches. Any road crossings shall have a minimum eighteen inches of cover. - The backfill will be thoroughly compacted in six-inch lifts, and evened off with a minimum one inch of topsoil. - In rocky areas, the trenching depth will be two inches below normal trench depth, to allow for placement of selected fill. - All trenches that are opened during any particular working day will be closed and backfilled the same day. . Pulling - Where soil conditions allow the pipe depths of cover described above to be met; the irrigation piping may be directly installed without trenching by use of a vibratory plow. The feed blade must be equipped with a minimum bullet diameter of 1 Y2 times the outside diameter of the pipe to be installed. - In each of the above operations, all pipe interiors are to be (the Irrigation Contractor is responsible for) kept free from dirt, and debris. The site is to be restored to its original condition, including any damage to existing trees, shrubs, and structures, along with settlement of trenches within the warranty period. - Generally, piping under concrete or asphalt will be installed by jacking, boring or hydraulic driving. Where any cutting or breaking of sidewalks, concrete work and/or asphalt is necessary, it shall be removed and replaced by the Irrigation Contractor. Permission to cut or break sidewalks, concrete and/or asphalt will be obtained from those having proper jurisdiction. Where piping on the drawings is shown under paved areas but running parallel and adjacent of planted areas or turf areas, the intent of the drawings is that the pipe be installed in the planted or turf areas. Plastic Pipe . pve - One inch (1") or smaller will be Class 200 (SDR21). One and a quarter inch (1 ';4") or above shall be Class 160 (SDR26) or approved equivalent. - Plastic pipes will be installed in a manner to provide for expansion and contraction as recommended by the manufacturers, along with the installation of concrete thrust blocks where the pipe changes direction. - All plastic to plastic joints will be solvent-weld joints or slip seal joints. Only the solvent recommended by the pipe manufacturer shall be used. All plastic pipe and fittings will be installed as outlined and instructed by the pipe manufacturers. - All plastic to metal joints will be made with male plastic adapters. I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I SP-17 Sprinklers and Turf Valves · The Irrigation Subcontractor will stake out the location of all sprinkler heads and turf valves prior to commencing installation to allow the Contract Administrator to verify all locations and give their approval. Spacing of the sprinkler heads and turf valves shall comply with the manufacturer's recommendations and drawings, and will not be exceeded except with permission of the Landscape Architect. · Heights of sprinkler heads and turf valves to be installed in areas where the turf has not yet been established will be determined in consultation with the Contract Administrator, prior to installation. . All sprinkler heads and turf valves will be set perpendicular to finished grades unless otherwise designated on the drawings, or otherwise specified. Sprinkler heads adjacent to existing walls, curbs and other paved areas will be set to grade. Sprinkler Risers · All 1" rotor sprinklers and quick coupling valves will be installed with PVC unitized swing joints. Control Valves . All control valves will be installed in proper irrigation valve boxes, in such a manner as to readily permit servicing and operation. . A six inch (6") gravel sump shall be included in the excavation of each valve box. Mounting Of Automatic Controller · The controller will be installed at the northwest comer of the site. . The unit shall be installed as the manufacturer had intended, utilizing fasteners specifically designed for the application. Wiring · All 110 volt wiring to the controller will be enclosed in PVC electrical conduit or completed with BX cable. . The unit is to be grounded in compliance with the manufacturer's recommendations and the local electrical code. · All visible low voltage wires will be enclosed in P.V.c. electrical conduit. Direct burial wire may be trenched or placed in a common trench beneath plastic irrigation pipes, or lain with a vibratory plough (but not pulled), and must have a minimum cover of ten inches (10"). Provision must be made for expansion and contraction of all direct burial wire, including protection from foreign objects. · All electrical wire connections to remote control electric valve and splices in the field will be completed with a weatherproof wire connector. Sp.18 Flushing and Set Up . Upon completion of each section or of the entire installation, and prior to assembly of nozzles and pop-up components, the control valves will be opened and a full head of water used to flush out the system. Sprinkler assembly can then be completed, including all necessary adjustments and setup procedures. Sleeves . The Irrigation pipe and wiring will be protected at all sidewalk, roadway and creek bed crossings with a sleeve measuring 1 !f2" diameter, or two sizes larger than the irrigation pipe, whichever is larger. Sleeving material at roadways and creek beds shall have eighteen inches (18") of cover and walkways twelve inches, (12") respectively. TESTING, OPERATION AND INSPECTION Testing . Flush all lines and ensure that all air is expelled from the system. . Inspect all visible piping, and walk all buried lines for any leakage. . If a pump is included, verify direction of rotation (if applicable), operating pressure, and any leakage. . Any repairs necessary to render the system in good working order will be completed at this time. Operation . Verify all sprinkler settings, overlap, nozzle sizes, and operating pressures. . Adjust the flow control on automatic valves where necessary. . Program the controller into a logical sequence to comply with local watering bylaws or endeavour to accomplish heavy infrequent water cycles. . Program each station to satisfy the watering requirements of the relevant plant material. Inspection . The system will not be considered complete and in compliance with the intent of these specifications and design until inspected by the Landscape Architect or Owners Representative. I I I I I I I I I I I I ! I I I I I I I I I I I I I I I I I I I I I I I I I I SP-19 ITEM NO.6 SUPPLY AND INSTALL ELECTRICAL EQUIPMENT For the unit price bid the contractor shall supply all labour, equipment and material for the complete installation of the conduit, wiring, control panels, receptacles as detailed on the electrical drawing 1 of 1 and as per the electrical specifications in Appendix A. ITEM NO.7 INSTALL STREET LIGHTING LUMINAIRES AND POLES For the unit price bid, the contractor shall install street lighting luminaires and round high tensile carbon steel tubing poles. The contractor shall supply all labour, equipment and materials not supplied by the Municipality. Wiring up the poles, fusing and connections at hand holes shall be as shown on the electrical detail drawings. The contractor shall supply and install fusing in hand hole per electrical details. 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. 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. The Municipality shall supply the following materials: . Lumec- Ancestra Series - Model AT40-100MH-SHA3M-ACDR-120-CPTC-PH8-BKTX type fixture. . Lumec - Model SM6F-12-DR-VPA-BKTX pole c/w 120 volt weatherproof and vandal proof duplex G.F.I. receptacle. Note: Luminaire and pole supplier shall be Grey Bruce Electric. The contact is Greg Hargest and can be reached at 519-376-4120. The expected delivery date will be later than the noted completion date. The contractor is advised that he will have to return to the site at a later date to install the poles and fixtures. ITEM NO.8 EXCA VA TE FOR AND PLANT TREES, SHRUBS AND MULCH For the unit price bid, the Contractor shall supply all labour and equipment for the complete installation of the streetscape planting. SP-20 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 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. . 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 installation site. Topsoil Admixtures: . Work specified in this section shall include testing of topsoil admixtures, if requested by Owner, prior to commencement of work. MATERIAL DELIVERY, STORAGE, AND HANDLING . 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. . Store and protect fertilizer, bone-meal, mulching material, and other admixtures to prevent damage from moisture or contamination. . Coordinate shipping of plants and the planting operations, to ensure minimum time lapse between digging and planting. . 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. I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I SP-21 INTERIM MAINTENANCE . 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 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 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. Adding commercial fertilizer 10-10-10 according to the manufacturer's instructions at the end of the interim maintenance period. 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 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. · 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 requirement. SP-22 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 Contract Administrator. 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 TREE PROTECTION MATERIALS AND RODENT CONTROL . 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, at the discretion of the Owner, be required to submit affidavits that plant materials are of No. 1 grade only. Label each plant to type, grade, and size. Use trees and shrubs that are structurally sound, with strong fibrous root system free 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. I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I SP-23 . Container Stock 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 EXAMINATION . Examine the site before commencement of work, and inform the Contract Administrator if site conditions will not permit completion of work as specified in this section. . Ensure that sub-grade preparation and drainage are satisfactory for continuing maintenance and growth of materials specified in this section. WORKMANSHIP . Coordinate operations. Keep site clean and planting holes drained. PREPARATION . Sub-grade for planting beds and tree pits: . Scarify subsoil below root-ball to the depth and width shown on planting details. . Location of trees: Stake out all tree locations and planting beds, and obtain the Contract Administrator's approval before excavating. Cooperate with the Contract Administrator 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. . 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. Backfilling for planting beds and trees: -+ Add bone-meal to the soil mixture at the rate of 0.6 kg/m2. -+ Mix topsoil, peat-moss, and other additives thoroughly on site, not more than two days before backfilling. SP-24 -+ Do not mix or backfill when soil mixture is in a muddy or frozen condition. -+ Backfill to a height above finished grade sufficient to allow for, natural settlement, or as more specifically shown on the planting details. -+ Backfill soil mixture in layers not exceeding 150 mm in depth. Tamp each layer firmly before placing subsequent layers. -+ Rake soil mix smooth to indicated finish grade levels. -+ Compact soil mix by rolling to a consistent Standard Proctor Density of 80%- 85%, or as directed by the Contract Administrator. -+ 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. PLANTING TIME . Provide the Contract Administrator 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 Contract Administrator. 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. INST ALLA TION . Plants and trees: Plant during suitable weather conditions, according to locally accepted practice, and with the Contract Administrator's approval. Set plumb in the centre of the pit at the 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 primary visual experience. Set plants in partly filled pits or beds of soil mixture, allowing at least 150 mm of soil 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 halfway. 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. I I I I I I I I I I I I I I I I I IoI I I I I I I I I I I I I I I I I I I I SP-25 Ensure that the top of the root-ball of caliper sized trees and coniferous trees are 150 mm above surrounding finished grade. . Pruning: 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 Contract Administrator. . Mulching: Obtain the Contract Administrator'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 Contract Administrator. 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 Contract Administrator, and adjustments and replacements shall be made under work of this section in accordance with the following sections. . Commencement of the guarantee period is predicated on acceptance of work of this section with only minor deficiencies. . Adjustment and replacement work shall be performed as specified in this section with 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 Contract Administrator's approval of replacement work. . 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. SP-26 . If settlement has occurred at planting pits and beds, fill in to specified grade with specified planting soil mix. 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. . This interim maintenance in regard to new planting shall consist of: 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 Contract Administrator. 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. Adding commercial fertilizer 10-6-4 according to the manufacturer's instruction at the end of the interim maintenance period. PLANTINGS Deciduous Trees 1 Acer x freemanii 'Jeffersred' Autumn Blaze Maple 60mm w.b 3 Amelanchier Serviceberry Clump form 200cm w.b. multi stem 1 Betula nigra 'Cully' Heritage Birch Clump form 70mm w.b. multi stem 2 Ginko biloba Maidenhair Tree Male form 70mm w.b. 1 Magnolia stellata 'Royal Star' Royal Star Magnolia Clump form 250cm w.b. 3 Pyrus calleryana 'Glen's Chanticleer Ornamental 60mm w.b. Form' Pear 3 Syringa reticulate 'Ivory Silk' Ivory Silk Tree Lilac 60mm w.b. I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I SP-27 Eve reeD Trees 1 Picea 3 Picea un ens 1 Pinus flexilis 'Vanderwolfs P ramid' Blue Colorado S ruce Colorado S ruce Vanderwolfs Pyramidal Pine 275cm w.b. 200cm w.b. 200cm w.b. Deciduous Shrubs 15 Berberis thunbergii 'Gentry' Royal Burgundy Barberry 40cm 3 gal 5 Clethra alnifolia Hummingbird 40cm 3 gal 'Hummin~bird ' Summersweet 1 Cotinus coggygria 'Royal Royal Purple Smoke Bush 80cm 3 gal Purple' 5 Forsythia x 'Courtasol' Gold Tide Forsythia 40cm 3 ~al 11 Hydrangea arborescens 2 gal , Annabelle' 6 Hydrangea paniculata Limelight Hydrangea 2 gal 'Limeli~ht' 5 Hypericum frondosum Sunburst St. John's Wort 40cm 3 gal 'Sunburst' 11 Physocarpus opulifolius Summerwine Ninebark 40cm 3 gal 'Seward' 18 Rosa'RADcon' Pink Knockout Rose 2 ~al 1 Syringa meveri 'Palibin' Dwarf Korean Lilac 40cm 3 ~al 3 Viburnum opulus European Snowball 50cm 3 gal 'Roseum/Sterile' 1 Weigela florida 'Brigela' French Lace Variegated 40cm 3 gal Weigela 3 Weigela florida 'Red Prince' Red Prince Wei~ela 50cm 3 ~al Ever reeD aDd Broadleaf Ever reeD Shrubs 6 Chamaecyparis pisifera Golden ThreadleafFalse 'Filifera Aurea' Cress Euonymus fortune 'Country Gold' Juni erus Sabina 'Monna' Picea abies 'Nidiformis' Picea pungens 'G1auca Gobosa' Pinus mu 0 var. umilio Taxus x media Wardii 30cm 3 gal 21 30cm 2 gal 5 1 1 30cm 3 al 40cm 3 al 30cm 2 gal 30cm 3 50cm 3 7 6 Mun 0 Pine Ward's Yew SP-28 Perennials all one ~allon Dot size) 7 Alchemilla mollis Lady's Mantle 3 Bergenia cordifolia Pig-squeak 20 Mixed 'Bressingham Ruby' Echinacea 30 Mixed Hemerocallis Daylilies 18 Dwarf Hemerocallis Davlilies 3 Paeonia Double Pink Peonv 15 Rudbeckia fulgida ' Black Eye Susans Goldstrum' 12 Salvia nemorosa/superb 'May May Night Salvia N ightlMainacht' 13 Sedum 'Autumn Joy' Autumn Joy Sedum Grasses 3 Calamagrostis x acutifolia 'Karl Foerster' Festuca lauca 'Eli'ah Blue' Miscanthus sinesis 'Gracillimus' Karl Foerster Reed Grass Eli'ah Blue Fescue 11 3 ITEM NO.9 SUPPLY AND/OR INSTALL SITE FURNISHINGS GENERAL Description This section describes the supply and installation of standard manufactured catalogue items. Payment For the unit price bid, the Contractor shall supply all labour, equipment and material for the complete installation of landscape furnishings. EXECUTION Installation Assemble furnishings in accordance with manufacturer's instructions. Obtain approval of final furnishings locations from Contract Administrator prior to anchoring to concrete footings. Install furnishings true, plumb, and anchored as detailed by Contract Administrator. Shore up, if necessary, to ensure true, plumb placement. Bench seats will slope to follow grade of paving. Touch-up damaged finishes to approval of Contract Administrator. I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I SP-29 PRODUCTS a) Benches The Municipality of Kincardine has pre-purchased the benches. The benches are the Model Number KDB-25-6', black, complete with wood slats made ofIPE wood by King Luminaire and purchased through Wayne Morrison at 519-473-5214. For the unit price bid, the contractor shall supply all labour, equipment and material to install the benches. Quantity: 6 Ea b) Trash Receptacles The Municipality of Kincardine has pre-purchased the trash receptacles. The trash receptacle are Model Number KTR20-20-L, black, complete with hinged cast aluminium lid and 20 gallon liner by King Luminaire and purchased through Wayne Morrison at 519-473-5214. The contractor shall supply all labour, equipment and material to install the trash receptacles including anchor bolts. Quantity: 2 Ea c) Games Table and Stools The Municipality of Kincardine has pre-purchased the games tables and stools. The tables are the square, freestanding Model GT-3 and the stools are the free standing Model GT-3 by Knecht & Berchtold Inc and purchased through Sean Atkinson at 905-457-4911. For the unit price bid the contractor shall supply all labour, equipment and material to install the tables and stools. Quantity: Games Tables 2 Ea, Stools 4 Ea. d) Fountain The Municipality of Kincardine has pre-purchased the water fountain. It is the Lion Chalice Fountain Model Number F48 manufactured by Bernardi Precast Inc. and purchased through Ron Miller at 519-822-4820. The fountain shall include a float. For the unit price bid the contractor shall supply all labour, equipment and material to install the fountain including all wiring, plumbing and the placement of the fountain on the 900mm dia concrete base. The approximate mass of the fountain is 3000lbs. The Contractor shall complete the wiring and test the operation of the fountain. SP-30 I I I I I I I I I I I I I I I I I I I e) Supply And Install Wrought Iron Fence GENERAL Description This section describes the supply and installation of the wrought iron fencing. Related Work Cast-in-place concrete bases, footings and caps: Concrete shall be placed according to OPSS 904. Quality Assurance The Contractor (or masonry sub-contractor) must have minimum of five (5) years experience in this type of work. Welding contractor must be fully approved by the Canadian Welding Bureau under the requirements ofCSA W-47. Welding is to be done in accordance with CSA W-59-84. Shop Drawings and Product Data Submit shop drawings and product data when requested by Contract Administrator. Shop drawings to indicate dimensions, sizes, assembly and installation details for each item. Payment For the lump sum price, the Contractor shall supply all labour, equipment and material for the complete construction of wrought iron fencing and posts. PRODUCTS Wrought Iron Fencing Wrought iron fencing materials to be "Prince" style with double rails from the Royalty Collection as per drawing Number 4A and as supplied by European Wrought Iron Works through Anna (or Phil) D'Angelo 905-832-3373. Contractor to measure site and supply the required material. The approximate quantities and description of material is as follows: . 200 lineal feet of fence - Post caps to be Pyramid Spear - Colour to be Powder painted black gloss - Concrete footings for posts to extend 102m below grade - Line posts are 2" x 2" spaced at 8' apart I I I I I I I I I I I I I I I I I I I SP-31 . 2- Gate posts 4" x 4" with cap Municipality to supply . 1- Special Panel measuring approximately 91.5" with the text "St. Andrews Park" ITEM NO. 10 BONDING AND INSURANCE 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 will be made with the first payment certificate. I I I I I I I I I I I I I I I I I I I 2.0 3.0 SGC-I SUPPLEMENTAL GENERAL CONDITIONS The following items shall supplement the OPS General Conditions of Contract, latest edition. 1.0 Section GC2.02, Order of Precedence, shall be revised such that documents shall take precedence and govern in the following order: a) Agreement b) Addenda c) Special Provisions d) Contract Drawings e) Information to Bidders f) Standard Specifications g) Standard Drawings h) Tender i) Supplemental General Conditions j) General Conditions k) Working Drawings Section GC 2.01, Reliance on Contract Documents, paragraph 2.01.01 a) shall be revised as follows: a) The location and depth of all utilities shown on the contract drawings are based on information obtained from the applicable operating authority. Neither the Owner nor the Contract Administrator can warrant the locations of the utilities. Section GC8.02.02, Advance Payments for Materials, the first sentence of paragraph GC 8.02.02.01 shall be revised as follows: .01 The Owner may make advance payment for material intended for incorporation in the work upon written request of the Contractor and according to the following terms and conditions: F:\wp\Contracts\Forms\Supp. Gen. Conditions.doc I I I I I I I I I I I I I I I I I I I ONTARIO PROVINCIAL STANDARDS FOR ROADS AND PUBLIC WORKS GENERAL CONDITIONS OF CONTRACT NOVEMBER 2006 I I I I I I I I I I I I I I I I I I I e~W\ .~t;~~?S~~;; Ontario Provincial Standards for Roads and Public Works METRIC OPSS.MUNI100 November 2006 OPS GENERAL CONDITIONS OF CONTRACT Table of Contents SECTION GC 1.0 - INTERPRETATION GC 1.01 Captions. ........... .......... ........................................ ....... ....... ........ ....... ......................6 GC 1.02 Abbreviations .... ....... .......... ..... ..................... ....... ............... .......... ........ .................. 6 GC 1.03 Gender and Singular References .......................................................................... 6 GC 1.04 Definitions..... ....... ...................... .................. .................. ........................................ 6 GC 1.05 Substantial Performance.. ....... ............................ ................................ ................. 11 GC 1.06 Completion. .......... ..... ................. ......................... ......................... ........................ 11 GC 1.07 Final Acceptance....................... ............................. ....... ............... ....................... 11 GC 1.08 Interpretation of Certain Words............................................................................ 11 SECTION GC 2.0 - CONTRACT DOCUMENTS GC 2.01 Reliance on Contract Documents ........................................................................ 12 GC 2.02 Order of Precedence............................................................................................ 12 SECTION GC 3.0 - ADMINISTRATION OF THE CONTRACT GC 3.01 Contract Administrator's Authority......... ...... ............ ....... ........... .............. ....... ..... 14 GC 3.02 Working Drawings...................... ................................ .......................................... 15 GC 3.03 Right of the Contract Administrator to Modify Methods and Equipment.............. 16 GC 3.04 Emergency Situations ......... ........ ........... .................................... .......... ....... ......... 16 GC 3.05 Layout........................................................... .............................................. ......... 16 GC 3.06 Extension of Contract Time.................................................................................. 16 GC 3.07 Delays. .... .............. ........................................ ........... ................................... ......... 17 GC 3.08 Assignment of Contract................................ .................................. .......... ............ 17 GC 3.09 Subcontracting by the Contractor ........................................................................ 18 Page 1 Rev. Date: 11/2006 OPSS.MUNI100 GC 3.10 GC 3.1001 GC 3.10.02 GC 3.10.03 GC 3.11 GC 3.12 GC 3.13 GC 3.13.01 GC 3.13.02 GC 3.13.03 GC 3.13.04 GC 3.13.05 GC 3.13.06 GC 3.13.07 GC 3.14 GC 3.14.01 GC 3.14.02 GC 3.14.03 GC 3.14.04 GC 3.14.05 GC 3.15 Changes.................,................................................................................ ............. 18 Changes in the Work...................................................... ..... ................................ 18 Extra Work......................................................... ............ ....................... ....... ........ 19 Additional Work................. .............................. .................... ................................ 19 Notices....................................... .......................................... ................................ 19 Use and Occupancy of the Work Prior to Substantial Performance.................... 19 Claims. Negotiations. Mediation... ................... .................. ............... ................... 20 Continuance of the Work ..................................................................................... 20 Record Keeping.................................................... ..... .................... ............... .......20 Claims Procedure........ ................. ................. ........... .......... .......... ........ ............... 20 Negotiations........... ..... ....................................... ......................... ........................ 21 Mediation................................. ............................................................................. 21 Payment.. ... .... ....... ....... .......... .... ... ........ .......................... ................ .... ....... ....... ...21 Rights of Both Parties .......................................................................................... 21 Arbitration............... ............................. ............................ ......... ...... ......................21 Conditions for Arbitration ..... .............. ............ ...... ...... ....................... .......... .........21 Arbitration Procedure...... .......................... ................. ....................... ......... .......... 22 Appointment of Arbitrator. ............................. ....... ................. .... ........ ...... ............. 22 Costs............... ..................... ...... .................. ...... ........ ............................. ............. 22 The Decision.. ...................... ....... .......... ............ ................................ ...................23 Archaeological Finds......................................... .................... ............ .............. ..... 23 SECTION GC 4.0 - OWNER'S RESPONSIBILITIES AND RIGHTS GC 4.01 Working Area ....................................................................................................... 24 GC 4.02 Approvals and Permits......................................................................................... 24 GC 4.03 Management and Disposition of Materials........................................................... 24 GC 4.04 Construction Affecting Railway Property............................................................. 25 GC 4.05 Default by the Contractor .....................................................................................25 GC 4.06 Contractor's Right to Correct a Default................................................................ 25 Pege2 Rev. Date: 1112006 OPSS.MUNI100 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I GC 4.07 GC 4.08 GC 4.09 GC 4.10 GC 4.11 GC4.12 GC4.13 Owner's Right to Correct a Default ..................................................................... 26 Termination of Contractor's Right to Continue the Work ..................................... 26 Final Payment to Contractor ................................................................................26 Termination of the Contract ........ ....... ................. ... ............ .................. ...... ..........26 Continuation of Contractor's Obligations ............................................. ................ 27 Use of Performance Bond.... .............. ... .... ............ ......... ... ......... ... .... .......... .........27 Payment Adjustment ...... ...... ... ...... ..... ....... ......... ........ ........... ........ ....... .......... ......27 GC 5.01 SECTION GC 5.0 - MATERIAL Supply of Material..... ... ..... ... ........ ...... .... ... ........ ...... ........ ... ............ ... ... ....... ... ......28 GC 5.02 GC 5.03 GC 5.04 GC 5.05 GC 5.05.01 GC 5.05.02 Quality of Material..... ..... ...... .... ........ ...... ... ........ ... ....... ...... ........ ........ ... ....... ...... ...28 Rejected Material.............................................................................. ...................28 Substitutions.............................................. ........ ....... ............................................29 Owner Supplied Material.......... ................................ .... .................. ......................29 Ordering of Excess Material........................................ .........................................29 Care of Material.. .... .............................................. .......................... ......................29 GC 6.01 SECTION GC 6.0 . INSURANCE, PROTECTION AND DAMAGE Protection of Work, Persons, and Property .........................................................31 GC 6.02 GC 6.03 GC 6.03.01 GC 6.03.02 GC 6.03.03 GC 6.03.04 GC 6.03.04.01 GC 6.03.04.02 GC 6.03.05 GC 6.03.05.01 GC 6.03.05.02 GC 6.03.05.03 GC 6.03.05.04 Indemnification ... .... ... ..... ............... ............ .... ..... ......... ........ ........... .... ... ...... .... .....31 Contractor's Insurance............................................................ ..... ........................ 32 General................................................................................................................ 32 General Liability Insurance ... ........................ .......... .............................................32 Automobile Liability Insurance. .......... ..... ...... ........................... .......... ....... ...... .....33 Aircraft and Watercraft Liability Insurance ........................................................... 33 Aircraft Liability Insurance ..... ....... .............. .... ....... .............. .... ................. .... ........33 Watercraft Liability Insurance.... ......................... ................................... ............... 33 Property and Boiler Insurance. ............... ...... ........ .................. ........ ....... .............. 33 Property Insurance. ............... .... ..... ............ .... .................. ........... ....... ......... .... .....33 Boiler Insurance. ..... ... ....... .................. ................................ ................... ...... ........ 34 Use and Occupancy of the Work Prior to Completion ......................................... 34 Payment for Loss or Damage ..............................................................................34 Page 3 Rev. Date: 11/2006 OPSS.MUNI 100 GC 6.03.06 GC 6.03.07 GC 6.04 GC 6.05 Contractor's Equipment Insurance......... .... .............. ....... ....... ........ ........ ...... ........35 Insurance Requirements and Duration ................................................................35 Bonding .................. .......... ........... ............... ..........................................................35 Workplace Safety and Insurance Board .............................................................. 36 SECTION GC 7.0 . CONTRACTOR'S RESPONSIBILITIES AND CONTROL OF THE WORK . GC 7.01 General.................................................................................................................. 37 GC 7.02 Layout ......... .... .... .......... .............. .......................... ..................... .... ........................ 39 GC 7.03 Working Area....................... ................................ ..... ............. ...................... .......... 39 GC 7.04 Damage by Vehicles or Other Equipment .............................................................40 GC 7.05 Excess Loading of Motor Vehicles.........................................................................40 GC 7.06 Condition of the Working Area ...............................................................................40 GC 7.07 Maintaining Roadways and Detours .....................................................................40 GC 7.08 Access to Properties Adjoining the Work and Interruption of Utility Services .......41 GC 7.09 Approvals and Permits.. .... ........................................... ........................................ ..41 GC 7.10 Suspension of Work...... ........ ........................ ..... ............................ ...... ................ ..42 GC 7.11 Contractor's Right to Stop the Work or Terminate the Contracl............................42 GC 7.12 Notices by the Contractor ......................................................................................42 GC 7.13 Obstructions........ .................. ......................... .............. .... ....... ............ .......... ....... ..43 GC 7.14 Limitations of Operations .......................................................................................43 GC 7.15 Cleaning Up Before Acceptance.......... ............ ............... ................. ................... ..43 GC 7.16 Warranty......................... ....... .............. ............... ..................... ....... .............. ..........43 GC 7.17 Contractor's Workers............ .............. .............. .... .................. ........... ........... .... ..... 44 GC 7.18 Drainage.............. ................... ......................... ........................ .......... ................. ....44 SECTION GC 8.0 . MEASUREMENT AND PAYMENT GC 8.01 Measurement ................. ............................................................................... ....... 45 GC 8.01.01 Quantities ............ ........... ................. ............ ................................ .......... ........ .......45 GC 8.01.02 Variations in Tender Quantities............................................................................ 45 Page 4 Rev. Dale: 11/2006 OPSS.MUNI100 I I I I I I I I I I I I I I I I I I I I I I GC 8.02 GC 8.02.a1 I GC 8.02.02 GC 8.02.03 I GC 8.02.03.01 GC 8.02.03.02 GC 8.02.03.03 I GC 8.0203.04 GC 8.02.03.05 GC 8.02.03.06 I GC 8.02.03.07 GC 8.02.03.08 GC 8.02.03.09 I GC 8.02.03.10 GC 8.02.03.11 GC 8.02.03.12 I GC 8.02.04 GC 8.02.04.01 GC 8.02.04.02 I GC 8.02.04.03 GC 8.02.04.04 GC 8.02.04.05 GC 8.02.04.06 I GC 8.02.04.06.01 GC 8.02.04.06.02 GC 8.02.04.07 I GC 8.02.04.08 GC 8.02.04.09 GC 8.02.04.10 GC 8.02.04.11 I GC 8.02.05 I GC 8.02.06 GC 8.02.07 I GC 8.02.08 GC 8.02.09 I I I I PIIlIe5 Payment. .... ................... ................... ....... ............... .......... ........ .......... ................. 46 Price for Work .............. ................. .... ........... .... ....... ............................................. 46 Advance Payments for Material........ ...................... ............................................. 46 Certification and Payment...... ........ ......................... .......... ..................... ............. 47 Progress Payment Certificate. ........................................... ..................... .... .........47 Certification of Subcontract Completion ..............................................................47 Subcontract Statutory Holdback Release Certificate and Payment ....................47 Certification of Substantial Performance .............................................................48 Substantial Performance Payment and Substantial Performance Statutory Holdback Release Payment Certificates .............................................................48 Certification of Completion................... ..................... ............... .................. .... .....49 Completion Payment and Completion Statutory Holdback Release Payment Certificates .......... ........... .... ......................... .......................................... 49 Interest ... .................. ............... ..................... ....... ...................... ...................... ..... 50 Interest for Late Payment........ ..................... ........... .... .......... .................. ............. 50 Interest for Negotiations and Claims.................................................................... 51 Owner's Set-Off. ........................ ............ ....... .............. .................................. ........51 Delay in Payment.............................. ............... .................................................... 51 Payment on a Time and Material Basis ............................................................... 51 Definitions........................ ................. ........ .......... ............... ..................................51 Daily Work Records........ ......................... ............ ..................... .................. ......... 52 Payment for Work........... ...................... .................. ............................. ........... ..... 53 Payment for Labour......... ...... ........... ...................... ..... ............. .............. ............. 53 Payment for Material........... .................. ...... ................ ........... ................. .............53 Payment for Equipment...... ........................ ............... ........ ....... .................. .... ..... 53 Working Time ................................................... .......... .......................................... 53 Standby Time .... ........ ........................ .... .................................... ...........................53 Payment for Hand Tools ......... ....... ............. ......... ..................... ....... ........ ....... ..... 54 Payment for Work by Subcontractors .................................................................. 54 Submission of Invoices ... .... ............ ...... .................. ............... .......... ............... ..... 54 Payment Other Than on a Time and Material Basis............................................ 55 Payment Inclusions................ .......................... ....... ........... .................. ........... ..... 55 Final Acceptance Certificate ... ... ..... ... .... ... .... '" ....... .... .... ... .... ... ........ ....... .... ... .....55 Payment of Workers.... ........... ....... ........... .............. .... ....... ...................... ............ 55 Records......................................................... ................ ............ ..... ....... .......... .....55 Taxes................................................................................................................... 56 Liquidated Damages.... ............................... ..... .... ....... ............... ..................... .....56 Rev. Dale: 11/2006 OPSS.MUNI 100 GC 1.01 SECTION GC 1.0 -INTERPRETATION I I I I I I I I I I I I I I I I I I I Captions .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" "ACI" "ANSI" "ASTM" "AWG" "AWWA" "CCll" "CESA" "CGSS" "CSA" "CWS" "GC" "ISO" "MOE" "MTO" "MUTCD" "OPS" "OPSO" "OPSS" "OTM" "PEO" "SAE" "SCC" "SSPC" "Ul" "UlC" GC 1.03 American Association of State Highway Transportation Officials American Concrete Institute American National Standards Institute American Society for Testing and Materials American Wire Gauge American Water Works Association Canadian Council of Independent Laboratories Canadian Engineering Standards Association Canadian General Standards Soard Canadian Standards Association Canadian Welding Sureau General Conditions International Organization for Standardization Ontario Ministry of the Environment Ontario Ministry of Transportation Manual of Uniform Traffic Control Devices (Replaced by OTM) Ontario Provincial Standard Ontario Provincial Standard Drawing Ontario Provincial Standard Specification Ontario Traffic Manual Professional Engineers Ontario Society of Automotive Engineers Standards Council of Canada Structural Steel Painting Council Underwriters laboratories Underwriters laboratories Canada Gender and Singular Refer'nces .01 References to the masculine or singular throughout the Contract Documents shall be considered to include the feminine and the plural and vice versa, as the context requires. GC 1.04 Definitions .01 For the purposes of this Contract the following definitions apply: Actual Measurement means the field measurement of that quantity within the approved limits of the Work. Addendum means an addition or change in the tender documents issued by the Owner prior to tender closing. . Page 6 Rev. Dale: 11/2006 OPSS.MUNI 100 I I I I I I I I Additional Work means work not provided for in the Contract and not considered by the Contract Administrator to be essential to the satisfactory completion of the Contract within its intended scope. Agreement means the agreement between the Owner and the Contractor for the performance of the Work that is included in the Contract Documents. Base means a layer of material of specified type and thickness placed immediately below the pavement wearing surface layers, curb and gutter, or sidewalk. Business Day means any Day except Saturdays, Sundays, and statutory holidays. Certificate of Subcontract Completion means the certificate issued by the Contract Administrator in accordance with clause GC 8.02.03.02, Certification of Subcontract Completion. Certificate of Substantial Performance means the certificate issued by the Contract Administrator at Substantial Performance. Change Directive means any written instruction signed by the Owner, or by the Contract Administrator where so authorized, directing that a Change in the Work or Extra Work be performed. I I I I I I I I I I I Change in the Work means the deletion, extension, increase, decrease, or alteration of lines; grades; dimensions; quantities; methods; drawings; substantial changes in geotechnical, subsurface, surface, or other conditions; changes in the character of the Work to be done; or materials of the Work or part thereof, within the intended scope of the Contract. Change Order means a written amendment to the Contract signed by the Contractor and the Owner, or the Contract Administrator where so authorized, covering contingencies, a Change in the Work, Extra Work, Additional Work, and changed subsurface conditions; and establishing the basis for payment and the time allowed for the adjustment of the Contract Time. Completion Certificate means the certificate issued by the Contract Administrator at completion. Constructor means, for the purposes of, and within the meaning of the Occupational Health and Safety Act, R.S.O. 1990, c.O.1, as amended and amendments thereto, the Contractor who executes the Contract. Contract means the undertaking by the Owner and the Contractor to perform their respective duties, responsibilities, and obligations as prescribed in the Contract Documents. Contract Administrator means the person, partnership, or corporation designated by the Owner to be the OWner's representative for the purposes of the Contract. Contract Documents mean the executed Agreement between the Owner and the Contractor, Tender, General Conditions of Contract, Supplemental General Conditions of Contract, Standard Specifications, Special Provisions, Contract Drawings, addenda incorporated in a Contract Document before the execution of the Agreement, such other documents as may be listed in the Agreement, and subsequent amendments to the Contract Documents made pursuant to the provisions of the Agreement. Contract Drawings or Contract Plans mean drawings or plans, any Geotechnical Report. any Subsurface Report, and any other reports and information provided by the Owner for the Work, and without limiting the generality thereof, may include soil profiles, foundation investigation reports, reinforcing steel schedules, aggregate sources lists, Quantity Sheets, and cross-sections. Contract Time means the time stipulated in the Contract Documents for Substantial Performance of the Work, including any extension of Contract Time made pursuant to the Contract Documents. Page 7 Rev. Dale: 11/2006 OPSS.MUNI100 Contractor means the person, partnership, or corporation undertaking the Work as identified in the Agreement. I I I Controlling Operation means any component of the Work that, if delayed. may delay the completion of the Work. Day means a calendar day. I I I I I I I I I I I I I I I I Cost Plus has the same meaning as "Time and Material." Cut-Off Date means the date up to which payment shall be made for work performed. Daily Work Records mean daily Records detailing the number and categories of workers and hours worked or on standby, types and quantities of Equipment and number of hours in use or on standby, and description and quantities of Material utilized. Drawings or Plans mean any Contract Drawings or Contract Plans, or any Working Drawings or Working Plans, or any reproductions of drawings or plans pertaining to the Work. End Result Specification means specifications that require the Contractor to be responsible for supplying a product or part of the Work. The Owner accepts or rejects the final product or applies a price adjustment that is commensurate with the degree of compliance with the specification. 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 that affect the Work. Final Acceptance Certificate means the certificate issued by the Contract Administrator at Final Acceptance of the Work. Final Detailed Statement means a complete evaluation prepared by the Contract Administrator showing the quantities, unit prices. and final dollar amounts of all items of work completed under the Contract, including variations in tender items and Extra Work, all as set out in the same general form as the monthly estimates. Force Account has the same meaning as "Time and Material." Geotechnical Report means a report or other information identifying soil, rock, and ground water conditions in the area of any proposed Work. Grade means the required elevation of that part of the Work. Hand Tools means tools that are commonly called tools or implements of the trade and include small power tools. Highway means a common and public highway any part of that is intended for or used by the general public for the passage of vehicles and includes the area between the lateral property lines thereof. Lot means a specific quantity of material or a specific amount of construction normally from a single source and produced by the same process. Page 8 Rev. Date: 11/2006 OPSS.MUNI100 I I I I I I I I I I . . I I I I I I I I I Lump Sum Item means a tender item indicating a portion of the Work for which payment will be made at a single tendered price. Payment is not based on a measured quantity, although a quantity may be given in the Contract Documents. Major Item means any tender item that has a value, calculated on the basis of its actual or estimated tender quantity, whichever is the larger, multiplied by its tender unit price, which is equal or greater than 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. Performance Bond means the type of security furnished to the Owner to guarantee completion of the Work in accordance with the Contract and to the extent provided in the bond. Plan Quantity means that quantity as computed from within the boundary lines of the Work as shown in the Contract Documents. Project means the construction of the Work as contemplated by this Contract. Quantity Sheet means a list of the quantities of Work to be done. Quarried Rock means material removed from an open excavation made in a solid mass of rock that, prior to removal, was integral with the parent mass. Quarry means a place where Aggregate has been or is being removed from an open excavation made in a solid mass of igneous, sedimentary, or metamorphic rock or any combination of these that, prior to removal, was integral with the parent areas. Rate of Interest means the rate of interest as determined under the Financial Administration Act by the Minister of Finance of Ontario and issued by, and available from, the Owner. Records mean any books, payrolls. accounts, or other information that relate to the Work or any Change in the Work or claims arising therefrom. Roadway means that part of the Highway designed or intended for use by vehicular traffic and includes the Shoulders. Shoulder means that portion of the Roadway between the edge of the travelled portion of the wearing surface and the top inside edge of the ditch or fill slope. Special Provisions mean directions containing requirements specific to the Work. Standard Drawing or Standard Specification means a standard practice required and stipulated by the Owner for performance of the Work. Subbase means a layer of material of specified type and thickness between the Subgrade and the Base. Page 9 Rev Dale: 11/2006 OPSS.MUNI100 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 anyone of them, or by anyone else acting on behalf of the Owner. ii. non-delivery of Owner supplied Materials. iii. any cause beyond the reasonable control of the Contractor that can be substantiated by the Contractor to the satisfaction of the Contract Administrator. I I I I I I I I I I I I I I I I I I I Subcontractor means a person, partnership or corporation undertaking the execution of a part of the Work by virtue of an agreement with the Contractor. Subgrade means the earth or rock surface, whether in cut or fill, as prepared to support the pavement structure, consisting of Base, Subbase, and Pavement. Subsurface Report means a report or other information identifying the location of Utilities, concealed and adjacent structures, and physical obstructions that fall within the influence of the Work. Superintendent means the Contractor's authorized representative in responsible charge of the Work. Surety means the person, partnership or corporation, other than the Contractor, licensed in Ontario to transact business under the Insurance Act, R.S.O. 1990, C L8, as amended, executing a bond provided by the Contractor. Tender means an offer in writing from the Contractor, submitted in the format prescribed by the Owner, to complete the Work. Time and Material means costs calculated according to clause GC 8.02.04, Payment on a Time and Material Basis. Where "Cost Plus" and "Force Account" are used they shall have the same meaning. Utility means an aboveground or underground facility maintained by a municipality, public utility authority 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 in the Contract Documents for certain Materials or some or all of the Work. Where a date of Substantial Performance is not established, the Warranty Period shall commence on the date of Completion. Work means the total construction and related services required by the Contract Documents. Working Area means all the lands and easements owned or acquired by the Owner for the construction of the Work. Working Day means any Day, a) except Saturdays, Sundays and statutory holidays; b) except a Day as determined by the Contract Administrator, on which the Contractor is prevented by inclement weather or conditions resulting immediately therefrom, from proceeding with a Controlling Operation. For the purposes of this definition, this shall be a Day during which the Contractor cannot proceed with at least 60% of the normal labour and Equipment force effectively engaged on the Controlling Operation for at least 5 hours; c) except a Day on which the Contractor is prevented from proceeding with a Controlling Operation, as determined by the Contract Administrator by reason of, Page 10 Rev. Date 11/2006 OPSS.MUNI100 I I I Working Drawings or Working Plans means any Drawings or Plans prepared by the Contractor for the execution of the Work and may, without limiting the generality thereof, include formwork, falsework, and shoring plans; Roadway protection plans; shop drawings; shop plans; or erection diagrams, I I I I 1 I .1. , I.. I I I I I I I I 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. .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. Page 11 Rev. Date: 11/2006 OPSS.MUNI100 SECTION GC 2.0 - CONTRACT DOCUMENTS GC 2.01 Reliance on Contract Documents .01 The Owner warrants that the information furnished in the Contract Documents can be relied upon with the following limitations or exceptions: a) The location of all mainline underground Utilities that may affect the Work shall be shown to a tolerance of: i. 1 m horizontal, and ii. 0.3 m vertical .02 The Owner does not warrant or make any representation with respect to: a) interpretations of data or opinions expressed in any Subsurface Report available for the perusal of the Contractor, whether or not such report is included as part of the Contract Documents, and b) other information specifically excluded from this warranty. GC 2.02 Order of Precedence .01 In the event of any inconsistency or conflict in the contents of the following documents, such documents shall take precedence and govern in the following descending order: a) Agreement b) Addenda c) Special Provisions d) Contract Drawings e) Standard Specifications f) Standard Drawings g) Instructions to Tenderers h) Tender i) Supplemental General Conditions j) General Conditions k) Working Drawings Later dates shall govern within each of the above categories of documents. .02 In the event of any conflict among or inconsistency in the information shown on Drawings, the following rules shall apply: a) Dimensions shown in figures on a Drawing shall govern where they differ from dimensions scaled from the same drawing; b) Drawings of larger scale shall govern over those of smaller scale; Page 12 Rev. Date: 11/2006 OPSS.MUNI100 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I c) Detailed Drawings shall govern over general Drawings; and d) Drawings of a later date shall govern over those of an earlier date in the same series. .03 In the event of any inconsistency or conflict in the contents of Standard Specifications the following descending order of precedence shall govern: a) Owner's Standard Specifications b) Ontario Provincial Standard Specifications c) Other Standard Specifications, such as those produced by CSA, CGSB, ASTM, and ANSI and referenced in the Ontario Provincial Standard Specifications .04 The Contract Documents are complementary, and what is required by anyone shall be as binding as if required by all. Page 13 Rev. Date: 11/2006 OPSS.MUNI100 SECTION GC 3.0 - ADMINISTRATION OF THE CONTRACT GC 3.01 Contract Administrator's Authority .01 The Contract Administrator shall be the Owner's representative during construction and until the issuance of the Completion Certificate or the issuance of the Final Acceptance Certificate, whichever is later. All instructions to the Contractor, including instructions from the Owner, shall be issued by the Contract Administrator. The Contract Administrator shall have the authority to act on behalf of the Owner only to the extent provided in the Contract Documents. .02 All claims, disputes and other matters in question relating to the performance and the quality of the Work or the interpretation of the Contract Documents shall be referred to the Contract Administrator in writing by the Contractor. .03 The Contract Administrator may inspect the Work for its conformity with the Plans and Standard Specifications, and to record the necessary data to establish payment quantities under the schedule of tender quantities and unit prices or to make an assessment of the value of the work completed in the case of a lump sum price Contract. .04 The Contract Administrator shall determine the amounts owing to the Contractor under the Contract and shall issue certificates for payment in such amounts as provided for in Section GC 8.0, Measurement and Payment. .05 The Contract Administrator shall, with reasonable promptness, review and take appropriate action upon the Contractor's submissions such as shop drawings, product data, and samples in accordance with the Contract Documents. .06 The Contract Administrator shall investigate all allegations of a Change in the Work made by the Contractor and issue appropriate instructions. .07 The Contract Administrator shall prepare Change Directives and Change Orders for the Owner's approval. .08 Upon written application by the Contractor, the Contract Administrator and the Contractor shall jointly conduct an inspection of the Work to establish the date of Substantial Performance of the Work or the date of Completion of the Work or both. .09 The Contract Administrator shall be, in the first instance, the interpreter of the Contract Documents and the judge of the performance thereunder by both parties to the Contract. Interpretations and decisions of the Contract Administrator shall be consistent with the intent of the Contract Documents and, in making these decisions, the Contract Administrator shall not show partiality to either party. .10 The Contract Administrator shall have the authority to reject part of the Work or Material that does not conform to the Contract Documents. .11 In the event that the Contract Administrator determines that any part of the Work performed by the Contractor is defective, whether the result of poor workmanship; the use of defective material; or damage through carelessness or other act or omission of the Contractor and whether or not incorporated in the Work; or otherwise fails to conform to the Contract Documents, then the Contractor shall if directed by the Contract Administrator promptly remove the Work and replace, make good, or re-execute the Work at no additional cost to the Owner. .12 Any part of the Work destroyed or damaged by such removals. replacements, or re-executions shall be made good, promptly, at no additional cost to the Owner. Page 14 Rev. Date: 11/2006 OPSSMUNI100 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I .13 If, in the opinion of the Contract Administrator, it is not expedient to correct defective work or work not performed in accordance with the Contract Documents, the Owner may deduct from monies otherwise due to the Contractor the difference in value between the work as performed and that called for by the Contract Documents, the amount that will be determined in the first instance by the Contract Administrator. .14 Notwithstanding any inspections made by the Contract Administrator or the issuance of any certificates or the making of any payment by the Owner, the failure of the Contract Administrator to reject any defective work or Material shall not constitute acceptance of defective work or Material. .15 The Contract Administrator shall have the authority to temporarily suspend the Work for such reasonable time as may be necessary: a) to facilitate the checking of any portion of the Contractor's construction layout; b) to facilitate the inspection of any portion of the Work; or c) for the Contractor to remedy non-compliance in the case of such non-compliance with the provisions of the Contract by the Contractor. The Contractor shall not be entitled to any compensation for suspension of the Work in these circumstances. .16 The Owner has the right to terminate the Contract for wilful or persistent violation by the Contractor or its workers of the Occupational Health and Safety Act legislation and regulations, Workplace Safety and Insurance Board Act, and Regulation 309 of the Environmental Protection Act. .17 If the Contract Administrator determines that any worker employed on the Work is incompetent, as defined by the Occupational Health and Safety Act, or is disorderly, then the Contract Administrator shall provide written notice to the Contractor and the Contractor shall immediately remove the worker from the Working Area. Such worker shall not return to the Working Area without the prior written consent of the Contract Administrator. GC 3.02 Working Drawings .01 The Contractor shall arrange for the preparation of clearly identified and dated Working Drawings as called for by the Contract Documents. .02 The Contractor shall submit Working Drawings to the Contract Administrator with reasonable promptness and in orderly sequence so as to not cause delay in the Work. If either the Contractor or the Contract Administrator so requests, they shall jointly prepare a schedule fixing the dates for submission and return of Working Drawings. Working Drawings shall be submitted in printed form. At the time of submission the Contractor shall notify the Contract Administrator in writing of any deviations from the Contract requirements that exist in the Working Drawings. .03 The Contract Administrator shall review and return Working Drawings in accordance with an agreed upon schedule, or otherwise, with reasonable promptness so as not to cause delay. .04 The Contract Administrator's review shall be to check for conformity to the design concept and for general arrangement only and such review shall not relieve the Contractor of responsibility for errors or omissions in the Working Drawings or of responsibility for meeting all requirements of the Contract Documents, unless a deviation on the Working Drawings has been approved in writing by the Contract Administrator. Page 15 Rev. Date: 11/2006 OPSS.MUNI100 ,05 The Contractor shall make any changes in Working Drawings that the Contract Administrator may require to make the Working Drawings consistent with the Contract Documents and resubmit, unless otherwise directed by the Contract Administrator. When resubmitting, the Contractor shall notify the Contract Administrator in writing of any revisions other than those requested by the Contract Administrator. ,06 Work related to the Working Drawings shall not proceed until the Working Drawings have been signed and dated by the Contract Administrator and marked with the words "Reviewed. Permission to construct granted." ,07 The Contractor shall keep one set of the reviewed Working Drawings, marked as above, at the site at all times, GC 3.03 Right of the Contract Administrator to Modify Methods and Equipment ,01 The Contractor shall, when requested in writing, make alterations in the method, Equipment, or work force at any time the Contract Administrator considers the Contractor's actions to be unsafe, or damaging to either the Work or existing facilities or the environment. .02 The Contractor shall, when requested in writing, alter the sequence of its operations on the Contract so as to avoid interference with work being performed by others. .03 Notwithstanding the foregoing, the Contractor shall ensure that all necessary safety precautions and protection are maintained throughout the Work. GC 3.04 Emergency Situations .01 The Contract Administrator has the right to determine the existence of an emergency situation and, when such an emergency situation is deemed to exist, the Contract Administrator may instruct the Contractor to take action to remedy the situation. If the Contractor does not take timely action or, if the Contractor is not available, the Contract Administrator may direct others to remedy the situation. .02 If the emergency situation was the fault of the Contractor, the remedial work shall be done at the Contractor's expense. If the emergency situation was not the fault of the Contractor, the Owner shall pay for the remedial work. GC 3.05 Layout .01 The Contract Administrator shall provide baseline and benchmark information for the general location, alignment, and elevation of the Work. The Owner shall be responsible only for the correctness of the information provided by the Contract Administrator. GC 3.06 Extension of Contract Time .01 An application for an extension of Contract Time shall be made in writing by the Contractor to the Contract Administrator as soon as the need for such extension becomes evident and at least 15 Days prior to the expiration of the Contract Time. The application for an extension of Contract Time shall enumerate the reasons, and state the length of extension required. .02 Circumstances suitable for consideration of an extension of Contract Time include the following: a) Delays, subsection GC 3.07. b) Changes in the Work, clause GC 3.10.01. c) Extra Work, clause GC 3.10.02. Page 16 Rev, Date: 11/2006 OPSS,MUNI 100 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I d) Additional Work, clause GC 3.10 03. .03 The Contract Administrator shall, in considering an application for an extension to the Contract Time, take into account whether the delays, Changes in the Work, Extra Work, or Additional Work involve a Controlling Operation. .04 The Contract Time shall be extended for such additional time as may be recommended by the Contract Administrator and deemed fair and reasonable by the Owner. .05 The terms and conditions of the Contract shall continue for such extension of Contract Time. GC 3.07 Delays .01 If the Contractor is delayed in the performance of the Work by, a) war, blockades, and civil commotions, errors in the Contract Documents; b) an act or omission of the Owner or Contract Administrator, or anyone employed or engaged by them directly or indirectly, contrary to the provisions of the Contract Documents; c) a stop work order issued by a court or public authority, provided that such order was not issued as the result of an act or omission of the Contractor or anyone employed or engaged by the Contractor directly or indirectly: d) the Contract Administrator giving notice under subsection GC 7.10, Suspension of Work; e) abnormal inclement weather; or f) archaeological finds in accordance with subsection GC 3.15, Archaeological Finds, then the Contractor shall be reimbursed by the Owner for reasonable costs incurred by the Contractor as the result of such delay, provided that in the case of an application for an extension of Contract Time due to abnormal inclement weather, the Contractor shall, with the Contractor's application, submit evidence from Environment Canada in support of such application. Extension of Contract Time may be granted in accordance with subsection GC 3.06, Extension of Contract Time. ,02 If the Work is delayed by labour disputes, strikes or lock-outs, including lock-outs decreed or recommended to its members by a recognized contractor's association, of which the Contractor is a member or to which the Contractor is otherwise bound, are beyond the Contractor's control. which then the Contract Time shall be extended in accordance with subsection GC 3.06, Extension of Contract Time. In no case shall the extension of Contract Time be less than the time lost as the result of the event causing the delay, unless a shorter extension is agreed to by the Contractor. The Contractor shall not be entitled to payment for costs incurred as the result of such delays unless such delays are the result of actions by the Owner. .03 The Contractor shall not be entitled to payment for the cost of delays incurred as a result of a dispute between the Contractor and Owner. The Contractor shall execute the Work and may pursue resolution of the dispute in accordance with subsection GC 3.13, Claims, Negotiations, Mediations. GC 3.08 Assignment of Contract .01 The Contractor shall not assign the Contract, either in whole or in part, without the prior written consent of the Owner. Page 17 Rev. Dale: 11/2006 OPSS.MUNI 100 GC 3.09 Subcontracting by the Contractor .01 The Contractor may subcontract any part of the Work, subject to these General Conditions and any limitations specified in the Contract Documents. .02 The Contractor shall notify the Contract Administrator 10 Days prior to the start of construction, in writing, of the intention to subcontract. Such notification shall identify the part of the Work, and the Subcontractor with whom it is intended. .03 The Contract Administrator shall, within 5 Days of receipt of such notification, accept or reject the intended Subcontractor. The rejection shall be in writing and shall include the reasons for the rejection. .04 The Contractor shall not, without the written consent of the Owner, change a Subcontractor who has been engaged in accordance with this subsection. .05 The Contractor shall preserve and protect the rights of the parties under the Contract with respect to that part of the Work to be performed under subcontract and shall, a) enter into agreements with the intended Subcontractors to require them to perform their work in accordance with the Contract Documents; and b) be as fully responsible to the Owner for acts and omissions of the Contractor's Subcontractors and of persons directly or indirectly employed by them as for acts and omissions of persons directly employed by the Contractor. .06 The Owner's consent to subcontracting by the Contractor shall not be construed to relieve the Contractor from any obligation under the Contract and shall not impose any liability upon the Owner. Nothing contained in the Contract Documents shall create a contractual relationship between a Subcontractor and the Owner. GC 3.10 GC 3.10.01 Changes Changes in the Work .01 The Owner, or the Contract Administrator where so authorized, may, by order in writing, make a Change in the Work without invalidating the Contract. The Contractor shall not be required to proceed with a Change in the Work until in receipt of a Change Order or Change Directive. Upon the receipt of such Change Order or Change Directive the Contractor shall proceed with the Change in the Work. .02 The Contractor may apply for an extension of Contract Time according to the terms of subsection GC 3.06, Extension of Contract Time. .03 If the Change in the Work relates solely to quantities, payment for that part of the Work shall be made according to the conditions specified in clause GC 8.01.02, Variations in Tender Quantities. If the Change in the Work does not solely relate to quantities, then either the Owner or the Contractor may initiate negotiations upwards or downwards for the adjustment of the Contract price in respect of the Change in the Work pursuant to subsection GC 3.13, Claims, Negotiations, Mediation or payment may be made according to the conditions contained in clause GC 8.02.04, Payment on a Time and Material Basis. Page 18 Rev. Date: 11/2006 OPSS.MUNI100 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I GC 3.10.02 Extra Work .01 The Owner, or Contract Administrator where so authorized, may instruct the Contractor to perform Extra Work without invalidating the Contract. The Contractor shall not be required to proceed with the Extra Work until in receipt of a Change Order or Change Directive. Upon receipt of such Change Order or Change Directive the Contractor shall proceed with the Extra Work. .02 The Contractor may apply for an extension of Contract Time according to the terms of subsection GC 3.06, Extension of Contract Time. .03 Either the Owner or Contractor may initiate negotiations upwards or downwards for the payment for the Extra Work pursuant to subsection GC 3.13, Claims, Negotiations, Mediation, or payment may be made according to the conditions contained in clause GC 8.02.04, Payment on a Time and Material Basis. GC 3.10.03 Additional Work .01 The Owner, or Contract Administrator where so authorized, may request the Contractor to perform Additional Work without invalidating the Contract. If the Contractor agrees to perform Additional Work, the Contractor shall proceed with such Additional Work upon receipt of a Change Order. .02 The Contractor may apply for an extension of Contract Time according to the terms of subsection GC 3.06, Extension of Contract Time. .03 Payment for the Additional Work may be negotiated pursuant to subsection GC 3.13, Claims, Negotiations, Mediation, or payment may be made according to the conditions contained in clause GC 8.02.04, Payment on a Time and Material Basis. GC 3.11 Notices .01 Any notice permitted or required to be given to the Contract Administrator or the Superintendent in respect of the Work shall be deemed to have been given to and received by the addressee on the date of delivery if delivered by hand, email, or by facsimile transmission and on the fifth Day after the date of mailing, if sent by mail. .02 The Contractor and the Owner shall provide each other with the mail and email addresses; pager, cell phone, and telephone numbers; and facsimile terminal numbers for the Contract Administrator and the Superintendent at the commencement of the Work, and update as necessary. .03 In the event of an emergency situation or other urgent matter the Contract Administrator or the Superintendent may give a verbal notice, provided that such notice is confirmed in writing within 2 Days. .04 Any notice permitted or required to be given to the Owner or the Contractor shall be given in accordance with the notice provision of the Contract. GC 3.12 Use and Occupancy of the Work Prior to Substantial Performance .01 Where it is not contemplated elsewhere in the Contract Documents, the Owner may use or occupy the Work or any part thereof prior to Substantial Performance, provided that at least 30 Days written notice has been given to the Contractor. .02 The use or occupancy of the Work or any part thereof by the Owner prior to Substantial Performance shall not constitute an acceptance of the Work or parts so occupied. In addition, the use or occupancy of the Work shall not relieve the Contractor or the Contractor's Surety from any liability that has arisen, or may arise, from the performance of the Work in accordance with the Contract Page 19 Rev. Dale: 11/2006 OPSS.MUNI100 GC 3.13 GC 3.13.01 Claims, Negotiations, Mediation I I I I I I Documents. The Owner shall be responsible for any damage that occurs because of the Owner's use or occupancy. Such use or occupancy of any part of the Work by the Owner does not waive the Owner's right to charge the Contractor liquidated damages in accordance with the terms of the Contract. Continuance of the Work .01 Unless the Contract has been terminated or completed, the Contractor shall in every case, after serving or receiving any notification of a claim or dispute, verbal or written, continue to proceed with the Work with due diligence and expedition. It is understood by the parties that such action shall not jeopardize any claim it may have. GC 3.13.02 Record Keeping I I I I .01 Immediately upon commencing work that may result in a claim, the Contractor shall keep Daily Work Records during the course of the Work, sufficient to substantiate the Contractor's claim, and the Contract Administrator shall keep Daily Work Records to be used in assessing the Contractor's claim, all in accordance with clause GC 8.02.07, Records. .02 The Contractor and the Contract Administrator shall attempt to reconcile their respective Daily Work Records on a daily basis. to simplify review of the claim, when submitted. If the Contractor and the Contract Administrator fail to reconcile their respective Daily Work Records, then the Contractor shall submit its Daily Work Records as part of its claim, whereby the resolution of the dispute about the Daily Work Records shall not be resolved until there is a resolution of the claim. .03 The keeping of Daily Work Records by the Contract Administrator or the reconciling of such Daily Work Records with those of the Contractor shall not be construed to be acceptance of the claim. GC 3.13.03 Claims Procedure I I I I I I I I I .01 The Contractor shall give verbal notice of any situation that may lead to a claim for additional payment immediately upon becoming aware of the situation. .02 The Contractor shall provide written notice in the standard form "Notice of Intent to Claim" within 7 Days of the commencement of any part of the Work that may be affected by the situation. .03 The Contractor shall submit detailed claims as soon as reasonably possible and in any event no later than 30 Days after completion of the work affected by the situation. The detailed claim shall: 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. Page 20 Rev. Dale: 11/2006 OPSS.MUNI100 I I I .05 Within 90 Days of receipt of the detailed claim. the Contract Administrator shall advise the Contractor. in writing. of the Contract Administrator's opinion with regard to the validity of the claim. I GC 3.13.04 Negotiations I I .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. I I .02 Should the Contractor disagree with the opinion given in paragraph GC 3.13.03.05, with respect to any part of the claim. the Contract Administrator shall enter into negotiations with the Contractor to resolve the matters in dispute. Where a negotiated settlement cannot be reached and it is agreed that payment cannot be made on a Time and Material basis in accordance with clause GC 8.02.04. Payment on a Time and Material Basis. the parties shall proceed in accordance with clause GC 3.13.05. Mediation, or subsection GC 3.14, Arbitration. GC 3.13.05 Mediation I I I I I .01 If a claim is not resolved satisfactorily through the negotiation stage noted in clause GC 3.13.04, Negotiations. within a period of 30 Days following the opinion given in paragraph GC 3.13.03.05. and the Contractor wishes to pursue the issue further, the parties may, upon mutual agreement, utilize the services of an independent third party mediator. .02 The mediator shall be mutually agreed upon by the Owner and Contractor. .03 The mediator shall be knowledgeable regarding the area of the disputed issue. The mediator shall meet with the parties together or separately. as necessary, to review all aspects of the issue. In a final attempt to assist the parties in resolving the issue themselves prior to proceeding to arbitration the mediator shall provide. without prejudice, a non-binding recommendation for settlement. .04 The review by the mediator shall be completed within 90 Days following the opinion given in paragraph GC 3.13.03.05. .05 Each party is responsible for its own costs related to the use of the third party mediator process. The cost of the third party mediator shall be equally shared by the Owner and Contractor. GC 3.13.06 Payment I I I I .01 Payment of the claim shall be made no later than 30 Days after the date of resolution of the claim or dispute. Such payment shall be made according to the terms of Section GC 8.0. Measurement and Payment. GC 3.13.07 Rights of Both Parties .01 It is agreed that no action taken under subsection GC 3.13. Claims, Negotiations. Mediation. by either party shall be construed as a renunciation or waiver of any of the rights or recourse available to the parties. provided that the requirements set out in this subsection are fulfilled. GC 3.14 Arbitration GC 3.14.01 Conditions of Arbitration I I .01 If a claim is not resolved satisfactorily through the negotiation stage noted in clause GC 3.13.04. Negotiations. or the mediation stage noted in clause GC 3.13.05. Mediation, either party may invoke the provisions of subsection GC 3.14, Arbitration, by giving written notice to the other party. Page 21 Rev. Dale: 11/2006 OPSS.MUNI100 .02 Notification that arbitration shall be implemented to resolve the issue shall be communicated in writing as soon as possible and no later than 60 Days following the opinion given in paragraph GC 3.13.03.05. Where the use of a third party mediator was implemented, notification shall be within 120 Days of the opinion given in paragraph GC 3.13.03.05. .03 The parties shall be bound by the decision of the arbitrator. .04 The rules and procedures of the Arbitration Act, 1991, S.O. 1991, c.1?, as amended, shall apply to any arbitration conducted hereunder except to the extent that they are modified by the express provisions of subsection GC 3.14, Arbitration. GC 3.14.02 Arbitration Procedure .01 The following provisions are to be included in the agreement to arbitrate and are subject only to such right of appeal as exist where the arbitrator has exceeded his or her jurisdiction or have otherwise disqualified him or herself: a) All existing actions in respect of the matters under arbitration shall be stayed pending arbitration; b) All outstanding claims and matters to be settled are to be set out in a schedule to the agreement. Only such claims and matters as are in the schedule shall be arbitrated; and c) Before proceeding with the arbitration, the Contractor shall confirm that all matters in dispute are set out in the schedule. GC 3.14.03 Appointment of Arbitrator .01 The arbitrator shall be mutually agreed upon by the Owner and Contractor to adjudicate the dispute. .02 Where the Owner and Contractor cannot agree on a sole arbitrator within 30 Days of the notification of arbitration noted in paragraph GC 3.14.01.02 the Owner and the Contractor shall each choose an appointee within 37 Days of the notice of arbitration. .03 The appointees shall mutually agree upon an arbitrator to adjudicate the dispute within 15 Days after the last appointee was chosen or they shall refer the matter to the Arbitration and Mediation Institute of Ontario Inc., which may select an arbitrator to adjudicate the dispute within 7 Days of being 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. .05 The arbitrator may appoint independent experts and any other persons to assist him or her. .06 The arbitrator is not bound by the rules of evidence that govern the trial of cases in court but may hear and consider any evidence that the arbitrator considers relevant. .07 The hearing shall commence within 90 Days of the appointment of the arbitrator. GC 3.14.04 Costs .01 The arbitrator's fee shall be equally shared by the Owner and the Contractor. .02 The fees of any independent experts and any other persons appointed to assist the arbitrator shall be shared equally by the Owner and the Contractor. Page 22 Rev. Date: 11/2006 OPSS.MUNI100 I I I I I I I I I I I I I I I I I I I I I I I I I .03 The arbitration hearing shall be held in a place mutually agreed upon by both parties or in the event the parties do not agree, a site shall be chosen by the arbitrator The cost of obtaining appropriate facilities shall be shared equally by the Owner and the Contractor. .04 The arbitrator may, in his or her discretion, award reasonable costs, related to the arbitration. GC 3.14.05 The Decision .01 The reasoned decision shall be made in writing within 90 Days of the conclusion of the hearing. An extension of time to make a decision may be granted with consent of both parties. Payment shall be made in accordance with clause GC 3.13.06, Payment. GC 3.15 Archaeological Finds I I .01 If the Contractor's operations expose any items that may indicate an archaeological find, such as building remains, hardware, accumulations of bones, pottery, or arrowheads, the Contractor shall immediately notify the Contract Administrator and suspend operations within the area identified by the Contract Administrator. Notification may be verbal provided that such notice is confirmed in writing within 2 Days. Work shall remain suspended within that area until otherwise directed by the Contract Administrator in writing, in accordance with subsection GC 7.10, Suspension of Work. I .1.. I .02 Any delay in the completion of the Contract that is caused by such a suspension of Work shall be considered to be beyond the Contractor's control in accordance with paragraph GC 3.07.01. .03 Any work directed or authorized in connection with an archaeological find shall be considered as Extra Work in accordance with clause GC 3.10.02, Extra Work. .04 The Contractor shall take all reasonable action to minimize additional costs that may accrue as a result of any work stoppage. I I I I I I I I Page 23 Rev Date: 11/2006 OPSS.MUNI100 SECTION GC 4.0 - OWNER'S RESPONSIBILITIES AND RIGHTS GC 4.01 Working Area .01 The Owner shall acquire all property rights that are deemed necessary by the Owner for the construction of the Work, including temporary working easements, and shall indicate the full extent of the Working Area on the Contract Drawings. .02 The Geotechnical Report and Subsurface Report that may be provided by the Owner as part of the tender documents shall form part of the Contract Drawings. GC 4.02 Approvals and Permits .01 The Owner shall pay for all plumbing and building permits. .02 The Owner shall obtain and pay for all permits, licences, and certificates solely required for the design of the Work. GC 4.03 Management and Disposition of Materials .01 The Owner shall identify in the Contract Documents the materials to be moved within or removed from the Working Area and any characteristics of those materials that necessitates special materials management and disposition. .02 In accordance with regulations under the Occupational Health and Safety Act, R.SO. 1990, c.O.1, as amended, the Owner advises that, a) the designated substances silica, lead, and arsenic are generally present throughout the Working Area occurring naturally or as a result of vehicle emissions; b) the designated substance asbestos may be present in cement products, asphalt, and conduits for Utilities; c) the following hazardous materials are ordinarily present in construction activities: limestone, gypsum, marble, mica, and Portland cement; and d) exposure to these substances may occur as a result of activities by the Contractor such as sweeping, grinding, crushing, drilling, blasting, cutting, and abrasive blasting. .03 The Owner shall identify in the Contract Documents any designated substances or hazardous materials other than those identified above and their location in the Working Area. .04 If the Owner or Contractor discovers or is advised of the presence of designated substances or hazardous materials that are in addition to those listed in paragraph GC 4.03.02, or not clearly identified in the Contract Documents according to paragraph GC 4.03.03, then verbal notice shall be provided to the other party immediately with written confirmation within 2 Days. The Contractor shall stop work in the area immediately and shall determine the necessary steps required to complete the work in accordance with applicable legislation and regulation. .05 The Owner shall be responsible for any reasonable additional costs of removing, managing and disposing of any material not identified in the Contract Documents, or where conditions exist that could not have been reasonably foreseen at the time of tendering. All work under this paragraph shall be deemed to be Extra Work. Page 24 Rev. Dale: 11/2006 OPSS MUNI100 I I I I I I I I .1 I I I I I I I I I I I I I I I I I I I I I .06 Prior to commencement of the Work, the Owner shall provide to the Contractor a list of those products controlled under the Workplace Hazardous Materials Information System (WHMIS), that the Owner may supply or use on the Contract, together with copies of the Materials Safety Data Sheets for these products. All containers used in the application of products controlled under WHMIS shall be labelled. The Owner shall notify the Contractor in writing of changes to the list and provide relevant Material Safety Data Sheets. GC 4.04 Construction Affecting Railway Property .01 The Owner shall pay the costs of all flagging and other traffic control measures required and provided by the railway company unless such costs are solely a function of the Contractor's chosen method of completing the Work. .02 Every precaution shall be taken by the Contractor to protect all railway property at track crossings; or otherwise, on which construction operations are to take place in accordance with the terms of this Contract. .03 The Contractor shall be required to conduct the construction operations in such a manner as to avoid a possibility of damaging any railway property in the vicinity of the works. Every reasonable precaution shall be taken by the Contractor to ensure the safety of the workers, Subcontractors, and Equipment, as well as railway property throughout the duration of the Contract. GC 4.05 Default by the Contractor .01 If the Contractor fails to commence the Work within 14 Days of a formal order to commence work signed by the Contract Administrator or, upon commencement of the Work, should neglect to prosecute the Work properly or otherwise fails to comply with the requirements of the Contract and, if the Contract Administrator has given a written statement to the Owner and Contractor that sufficient cause exists to justify such action, the Owner may, without prejudice to any other right or remedy the Owner may have, notify the Contractor in writing that the Contractor is in default of the Contractor's contractual obligations and instruct the Contractor to correct the default in the 5 Working Days immediately following the receipt of such notice. I I I I I I I I .02 If the Contractor is adjudged bankrupt, or makes a general assignment for the benefit of creditors because of the Contractor's insolvency or if a receiver is appointed because of the Contractor's insolvency, the Owner may, without prejudice to any other right or remedy the Owner may have, by giving the Contractor or receiver or trustee in bankruptcy notice in writing, terminate the Contract. GC 4.06 Contractor's Right to Correct a Default .01 The Contractor shall have the right within the 5 full Working Days following the receipt of a notice of default to correct the default and provide the Owner with satisfactory proof that appropriate corrective measures have been taken. .02 If the correction of the default cannot be completed within the 5 full Working Days following receipt of the notice, the Contractor shall not be in default if the Contractor, a) commences the correction of the default within the 5 full Working Days following receipt of the notice; b) provides the Owner with an acceptable schedule for the progress of such correction; and c) completes the correction in accordance with such schedule. Page 25 Rev. Dale: 11/2006 OPSS.MUNI100 GC 4.07 Owner's Right to Correct Default .01 If the Contractor fails to correct the default within the time specified in subsection GC 4 06, Contractor's Right to Correct a Default, or subsequently agreed upon, the Owner, without prejudice to any other right or remedy the Owner may have, may correct such default and deduct the cost thereof, as certified by the Contract Administrator, from any payment then or thereafter due to the Contractor. GC 4.08 Termination of Contractor's Right to Continue the Work ,01 Where the Contractor fails to correct a default within the time specified in subsection GC 4.06, Contractor's Right to Correct a Default, or subsequently agreed upon, the Owner, without prejudice to any other right or remedy the Owner may have, may terminate the Contractor's right to continue the Work in whole or in part by giving written notice to the Contractor. .02 If the Owner terminates the Contractor's right to continue with the Work in whole or in part, the Owner shall be entitled to, a) take possession of the Working Area or that portion of the Working Area devoted to that part of the Work terminated; b) use the Equipment of the Contractor and any Material within the Working Area that 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 thereof withdrawn from the Contractor, as certified by the Contract Administrator and any additional compensation paid to the Contract administrator for such additional service arising from the correction of the default; e) charge the Contractor a reasonable allowance, as determined by the Contract Administrator, to cover correction to the Work performed by the Contractor that may be required under subsection GC 7.16, Warranty; f) charge the Contractor for any damages the Owner sustained as a result of the default; and g) charge the Contractor the amount by which the cost of corrections to the Work under subsection GC 7.16, Warranty, exceeds the allowance provided for such corrections. GC 4.09 Final Payment to Contractor .01 If the Owner's cost to correct and complete the Work in whole or in part is less than the amount withheld from the Contractor under subsection GC 4.08, Termination of Contractor's Right to Continue the Work, the Owner shall pay the balance to the Contractor as soon as the final accounting for the Contract is complete. GC 4.10 Termination of the Contract .01 Where the Contractor is in default of the Contract the Owner may, without prejudice to any other right or remedy the Owner may have, terminate the Contract by giving written notice of termination to the Contractor, the Surety, and any trustee or receiver acting on behalf of the Contractor's estate or creditors. Page 26 Rev. Date: 11/2006 OPSS.MUNI100 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I .1 .02 If the Owner elects to terminate the Contract, the Owner may provide the Contractor and the trustee or receiver with a complete accounting to the date of termination. GC 4.11 Continuation of Contractor's Obligations .01 The Contractor's obligation under the Contract as to quality, correction, and warranty of the Work performed prior to the time of termination of the Contract or termination of the Contractor's right to continue with the Work in whole or in part shall continue to be in force after such termination. GC 4.12 Use of Performance Bond .01 If the Contractor is in default of the Contract and the Contractor has provided a Performance Bond. the provisions of Section GC 4.0, Owner's Responsibilities and Rights, shall be exercised in accordance with the conditions of the Performance Bond. GC 4.13 Payment Adjustment .01 If any situation should occur in the performance of the Work that would result in a Change in the Work, the Owner shall be entitled to an adjustment and those adjustments shall be managed in accordance with subsection GC 3.10.01, Changes in the Work. I I I I I I I I Page 27 Rev. Dale: 11/2006 OPSS.MUNI100 SECTION GC 5.0 - MATERIAL GC 5.01 Supply of Material .01 All Material necessary for the proper completion of the Work, except that listed as being supplied by the Owner, shall be supplied by the Contractor. The Contract price for the appropriate tender items shall be deemed to include full compensation for the supply of such Material. GC 5.02 Quality of Material .01 All Material supplied by the Contractor shall be new, unless otherwise specified in the Contract Documents. .02 Material supplied by the Contractor shall conform to the requirements of the Contract. .03 As specified in the Contract Documents or as requested by the Contract Administrator, the Contractor shall make available, for inspection or testing, a sample of any Material to be supplied by the Contractor. .04 The Contractor shall obtain for the Contract Administrator the right to enter onto the premises of the Material manufacturer or supplier to carry out such inspection. sampling, and testing as specified in the Contract Documents or as requested by the Contract Administrator. .05 The Contractor shall notify the Contract Administrator of the sources of supply sufficiently in advance of the Material shipping dates to enable the Contract Administrator to perform the required inspection, sampling, and testing. .06 The Owner shall not be responsible for any delays to the Contractor's operations where the Contractor fails to give sufficient ~dvance notice to the Contract Administrator to enable the Contract Administrator to carry out the required inspection, sampling, and testing before the scheduled shipping date. .07 The Contractor shall not change the source of supply of any Material without the written authorization of the Contract Administrator. .08 Material that is not specified shall be of a quality best suited to the purpose required, and the use of such Material shall be subject to the approval of the Contract Administrator. .09 All Material inspection, sampling, and testing shall be carried out on random basis in accordance with the standard inspection or testing methods required for the Material. Any approval given by the Contract Administrator for the Materials to be used in the Work based upon the random method shall not relieve the Contractor from the responsibility of incorporating Material that conforms to the Contract Documents into the Work or properly performing the Contract and of any liability arising from the failure to properly perform as specified in the Contract Documents. GC 5.03 Rejected Material .01 Rejected Material shall be removed from the Working Area expeditiously after the notification to that effect from the Contract Administrator. Where the Contractor fails to comply with such notice, the Contract Administrator may cause the rejected Material to be removed from the Working Area and disposed of, in what the Contract Administrator considers to be the most appropriate manner, and the Contractor shall pay the costs of disposal and the appropriate overhead charges. Page 28 Rev. Date: 1112006 OPSS.MUNI100 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I .._;"." I" I I I I I I I I GC 5.04 Su bstitutions .01 Where the Contract Documents require the Contractor to supply a Material designated by a trade or other name. the Tender shall be based only upon supply of the Material so designated, that shall be regarded as the standard of quality required by the Contract Documents. After the acceptance of the Tender, the Contractor may apply to the Contract Administrator to substitute another Material identified by a different trade or other name for the Material designated as aforesaid. The application shall be in writing and shall state the price for the proposed substitute Material designated as aforesaid, and such other information as the Contract Administrator may require. .02 Rulings on a proposed substitution shall not be made prior to the acceptance of the Tender. Substitutions shall not be made without the prior approval of the Contract Administrator, The approval or rejection of a proposed substitution shall be at the discretion of the Contract Administrator. .03 If the proposed substitution is approved by the Contract Administrator, the Contractor shall be entitled to the first $1,000 of the aggregate saving in cost by reason of such substitution and to 50% of any additional saving in cost in excess of such $1,000. Each such approval shall be conveyed to the Contractor in writing or by issuance of a Certificate of Equality on the Owner's standard form of "Certification of Equality" and, if any adjustment to the Contract price is made by reason of such substitution, a Change Order shall be issued as well. GC 5.05 GC 5.05.01 Owner Supplied Material Ordering of Excess Material .01 Where Material is supplied by the Owner and where this Material is ordered by the Contractor in excess of the amount specified to complete the Work, such excess Material shall become the property of the Contractor on completion of the Work and shall be charged to the Contractor at cost plus applicable overheads. GC 5.05.02 Care of Material .01 The Contractor shall, in advance of receipt of shipments of Material supplied by the Owner, provide adequate and proper storage facilities acceptable to the Contract Administrator, and on the receipt of such Material shall promptly place it in storage, except where it is to be incorporated forthwith into the Work. .02 The Contractor shall be responsible for acceptance of Material supplied by the Owner, at the specified delivery point and for its safe handling and storage. If such Material is damaged while under the control of the Contractor. it shall be replaced or repaired by the Contractor at no expense to the Owner, and to the satisfaction of the Contract Administrator. If such Material is rejected by the Contract Administrator for reasons that are not the fault of the Contractor, it shall remain in the care and at the risk of the Contractor until its disposition has been determined by the Contract Administrator. .03 Where Material supplied by the Owner arrives at the delivery point in a damaged condition or where there are discrepancies between the quantities received and the quantities shown on the bills of lading, the Contractor shall immediately report such damage or discrepancies to the Contract Administrator who shall arrange for an immediate inspection of the shipment and provide the Contractor with a written release from responsibility for such damage or deficiencies. Where damage or deficiencies are not so reported, it shall be assumed that the shipment arrived in good condition and order, and any damage or deficiencies reported thereafter shall be made good by the Contractor at no extra cost to the Owner. Page 29 Rev. Dale: 11/2006 OPSS.MUNI100 .04 The full amount of Material supplied by the Owner in each shipment shall be accounted for by the Contractor and such Material shall be at the risk of the Contractor after taking delivery. Such Material shall not, except with the written permission of the Contract Administrator, be used by the Contractor for purposes other than the performance of the Work under the Contract. I I I I I I I I I I I I I I I I I I I .05 Empty reels. crates, containers, and other type of packaging from Material supplied by the Owner shall become the property of the Contractor when they are no longer required for their original purpose and shall be disposed of by the Contractor, unless otherwise specified in the Contract Documents. .06 Immediately upon receipt of each shipment, the Contractor shall provide the Contract Administrator copies of bills of lading, or such other documentation the Contract Administrator may require to substantiate and reconcile the quantities of Material received. .07 Where Material supplied by the Owner is ordered and stockpiled prior to the award of the Contract, the Contractor shall, at no extra cost to the Owner, immediately upon commencement of operations, check the Material, report any damage or deficiencies to the Contract Administrator and take charge of the Material at the stockpile site. Where damage or deficiencies are not so recorded by the Contractor, it shall be assumed that the stockpile was in good condition and order when the Contractor took charge of it, and any damage or deficiencies reported thereafter shall be made good by the Contractor at no extra cost to the Owner. Page 30 Rev. Date: 11/2006 OPSS.MUNI100 I I I I I I I I I I I I I I I I I I I SECTION GC 6.0 - INSURANCE, PROTECTION AND DAMAGE GC 6.01 Protection of Work, Persons and Property .01 The Contractor, the Contractor's agents, and all workers employed by or under the control of the Contractor, including Subcontractors, shall protect the Work, persons, and property from damage or injury. The Contractor shall be responsible for all losses and damage that may arise as the result of the Contractor's operations under the Contract, unless indicated to the contrary below. .02 The Contractor is responsible for the full cost of any necessary temporary protective work or works and the restoration of all damage where the Contractor damages the Work or property in the performance of the Contract. If the Contractor is not responsible for the damage that occurs to the Work or property, the Contractor shall restore such damage, and such work and payment shall be administered according to these General Conditions. .03 The Contractor shall immediately inform the Contract Administrator of all damage and injuries that occur during the term of the Contract. The Contractor shall then investigate and report back to the Contract Administrator within 15 Days of occurrence of incident, or as soon as possible. .04 The Contractor shall not be responsible for loss and damage that occurs as a result of, a) war; b) blockades and civil commotions; c) errors in the Contract Documents; or d) acts or omissions of the Owner, the Contract Administrator, their agents and employees, or others not under the control of the Contractor, but within the Working Area with the Owner's permission. .05 The Contractor and the Contractor's Surety shall not be released from any term or provision of any responsibility, obligation, or liability under the Contract or waive or impair any of the rights of the Owner, except by a release duly executed by the Owner. GC 6.02 Indemnification .01 The Contractor shall indemnify and hold harmless the Owner and the Contract Administrator, their elected officials, agents, officers, and employees from and against all claims, demands, losses, expenses, costs, damages, actions, suits, or proceedings by third parties, hereinafter called "claims", directly or indirectly arising or alleged to arise out of the performance of or the failure to perform the Work, provided such claims are, a) attributable to bodily injury, sickness, disease, or death or to damage to or destruction of tangible property; b) caused by negligent acts or omissions of the Contractor or anyone for whose acts the Contractor may be liable; and c) made in writing within a period of 6 years from the date of Substantial Performance of the Work as set out in the Certificate of Substantial Performance of the Work or, where so specified in the Contract Documents, from the date of certification of Final Acceptance. Page 31 Rev. Date: 11/2006 OPSS.MUNI 100 .02 The Contractor shall indemnify and hold harmless the Owner from all and every claim for damages. royalties or fees for the infringement of any patented invention or copyright occasioned by the Contractor in connection with the Work performed or Material furnished by the Contractor under the Contract. .03 The Owner expressly waives the right to indemnity for claims other than those stated in paragraphs GC 6.02.01 and GC 6.02.02. .04 The Owner shall indemnify and hold harmless the Contractor, their elected officials, agents, officers, and employees from and against all claims, demands, losses, expenses, costs. damages, actions, suits, or proceedings arising out of the Contractor's performance of the Contract that are attributable to a lack of or defect in title or an alleged lack of or defect in title to the Working Area. .05 The Contractor expressly waives the right to indemnity for claims other than those stated in paragraph GC 6.02.04. GC 6.03 GC 6.03.01 Contractor's Insurance General .01 Without restricting the generality of subsection GC 6.02, Indemnification, the Contractor shall provide, maintain, and pay for the insurance coverages listed under clauses GC 6.03.02 and GC 6.03.03. Insurance coverage in clauses GC 6.03.04, GC 6.03.05, and GC 6.03.06 shall only apply when so specified in the Contract Documents. .02 The Contractor shall provide the Contract Administrator with an original Certificate of Insurance for each type of insurance coverage that is required by the Contract Documents. The Contractor shall ensure that the Contract Administrator is, at all times in receipt of a valid Certificate of Insurance for each type of insurance coverage, in such amounts as specified in the Contract Documents. The Contractor will not be permitted to commence work until the Contract Administrator is in receipt of such proof of insurance. The Contract Administrator may withhold payments of monies due to the Contractor until the Contractor has provided the Contract Administrator with original valid Certificates of Insurance as required by the provisions of the Contract Documents. GC 6.03.02 General Liability Insurance .01 General liability insurance shall be in the name of the Contractor, with the Owner and the Contract Administrator named as additional insureds, with limits of not less than five million dollars inclusive per occurrence for bodily injury, death, and damage to property including loss of use thereof, with a property damage deductible of not more than $5,000. The form of this insurance shall be the Insurance Bureau of Canada Form IBC 2100. .02 Another form of insurance equal to or better than that required in IBC Form 2100 may be used, provided all the requirements listed in the Contract are included. Approval of this insurance shall be conditional upon the Contractor obtaining the services of an insurer licensed to underwrite insurance in the Province of Ontario and obtaining the insurer's certificate of equivalency to the required insurance. .03 The Contractor shall maintain in force such policies of insurance specified by the Contract Documents at all times from the commencement of the Work until the end of any Warranty Period or as otherwise required by the Contract Documents. .04 The Contractor shall submit annually to the Owner, proof of continuation of the completed operations coverage and, if the Contractor fails to do so, the limitation period for claiming indemnity described in paragraph GC 6.02.01 c), shall not be binding on the Owner. Page 32 Rev. Dale: 11/2006 OPSS.MUNI100 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I. t I I I I I I I I .05 Should the Contractor decide not to employ Subcontractors for operations requiring the use of explosives for blasting, pile driving or caisson work, removal or weakening of support of property building or land, IBC Form 2100 as required shall include the appropriate endorsements. .06 The policies shall be endorsed to provide the Owner with not less than 30 Days written notice in advance of cancellation, change or amendment restricting coverage. .07 "Claims Made" insurance pOlicies shall not be permitted. GC 6.03.03 Automobile Liability Insurance .01 Automobile liability insurance in respect of licensed vehicles shall have limits of not less than five million dollars inclusive per occurrence for bodily injury, death and damage to property, in the following forms endorsed to provide the Owner with not less than 30 Days written notice in advance of any cancellation, change, or amendment restricting coverage: a) standard non-owned automobile policy including standard contractual liability endorsement, and b) standard owner's form automobile policy providing third party liability and accident benefits insurance and covering licensed vehicles owned or operated by the Contractor. GC 6.03.04 Aircraft and Watercraft Liability Insurance GC 6.03.04.01 Aircraft Liability Insurance .01 Aircraft liability insurance with respect to owned or non-owned aircraft used directly or indirectly in the performance of the Work, including use of additional premises. shall be subject to limits of not less than five million dollars inclusive per occurrence for bodily injury, death, and damage to property including loss of use thereof, and limits of not less than five million dollars for aircraft passenger hazard. Such insurance shall be in a form acceptable to the Owner. The pOlicies shall be endorsed to provide the Owner with not less than 30 Days written notice in advance of cancellation, change, or amendment restricting coverage. 6.03.04.02 Watercraft Liability Insurance .01 Watercraft liability insurance with respect to owned or non-owned watercraft used directly or indirectly in the performance of the Work, including use of additional premises, shall be subject to limits of not less than five million dollars inclusive per occurrence for bodily injury, death. and damage to property including loss of use thereof. Such insurance shall be in a form acceptable to the Owner. The policies shall be endorsed to provide the Owner with not less than 30 Days written notice in advance of cancellation, change, or amendment restricting coverage. GC 6.03.05 Property and Boiler Insurance GC 6.03.05.01 Property Insurance .01 All risks property insurance shall be in the name of the Contractor, with the Owner and the Contract Administrator named as additional insureds, insuring not less than the sum of the amount of the Contract price and the full value, as may be stated in the Contract Documents, of Material that is specified to be provided by the Owner for incorporation into the Work. with a deductible not exceeding 1% of the amount insured at the site of the Work. This insurance shall be in a form acceptable to the Owner and shall be maintained continuously until 10 Days after the date of Final Acceptance of the Work. as set out in the Final Acceptance Certificate. Page 33 Rev. Date: 11/2006 OPSS.MUNI100 GC 6.03.05.02 Boiler Insurance .01 Boiler insurance insuring the interests of the Contractor, the Owner and the Contract Administrator for not less than the replacement value of boilers and pressure vessels forming part of the Work, shall be in a form acceptable to the Owner. This insurance shall be maintained continuously from commencement of use or operation of the property insured until 10 Days after the date of Final Acceptance of the Work, as set out in the Final Acceptance Certificate. GC 6.03.05.03 Use and Occupancy of the Work Prior to Completion .01 Should the Owner wish to use or occupy part or all of the Work prior to Substantial Performance, the Owner shall give 30 Days written notice to the Contractor of the intended purpose and extent of such use or occupancy. Prior to such use or occupancy, the Contractor shall notify the Owner in writing of the additional premium cost, if any, to maintain property and boiler insurance, which shall be at the Owner's expense. If because of such use or occupancy the Contractor is unable to provide coverage, the Owner upon written notice from the Contractor and prior to such use or occupancy shall provide, maintain, and pay for property and boiler insurance insuring the full value of the Work, including coverage for such use or occupancy, and shall provide the Contractor with proof of such Insurance. The Contractor shall refund to the Owner the unearned premiums applicable to the Contractor's pOlicies upon termination of coverage. .02 The policies shall provide that, in the event of a loss or damage. payment shall be made to the Owner and the Contractor as their respective interests may appear. The Contractor shall act on behalf of both the Owner and the Contractor for the purpose of adjusting the amount of such loss or damage payment with the insurers. When the extent of the loss or damage is determined, the Contractor shall proceed to restore the Work. loss or damage shall not affect the rights and obligations of either party under the Contract. except that the Contractor shall be entitled to such reasonable extension of Contract Time relative to the extent of the loss or damage as the Contract Administrator may decide in consultation with the Contractor. GC 6.03.05.04 Payment for Loss or Damage .01 The Contractor shall be entitled to receive from the Owner, in addition to the amount due under the Contract, the amount at which the Owner's interest in restoration of the Work has been appraised, such amount to be paid as the restoration of the Work proceeds, and in accordance with the requirements of Section GC 8.0, Measurement and Payment. In addition, the Contractor shall be entitled to receive from the payments made by the insurers the amount of the Contractor's interest in the restoration of the Work. .02 The Contractor shall be responsible for deductible amounts under the policies, except where such amounts may be excluded from the Contractor's responsibility by the terms of this Contract. .03 In the event of a loss or damage to the Work arising from the action or omission of the Owner or others, the Owner shall pay the Contractor the cost of restoring the Work as the restoration of the Work proceeds and in accordance With the requirements of Section GC 8.0, Measurement and Payment. Page 34 Rev. Date: 11/2006 OPSS.MUNI100 I I I I I I I I I I I I I I I I I I I I I I I I I I I I :1 I I I I I I I I I 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. 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 shall have the right to provide and maintain such insurance and give evidence thereof to the Contractor. The Owner's cost thereof shall be payable by the Contractor to the Owner on demand. .07 If the Contractor fails to pay the cost of the insurance placed by the Owner within 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 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 the Province of Ontario and shall be to the satisfaction of the Owner. The bonds shall be maintained in good standing until the fulfilment of the Contract. Page 35 Rev. Date: 11/2006 OPSS.MUNI100 GC 6.05 Workplace Safety and Insurance Board .01 The Contractor shall provide the Contract Administrator with a copy of a Certificate of Clearance indicating the Contractor's good standing with the Workplace Safety and Insurance Board, as follows: a) Immediately prior to the Contract Administrator authorizing the Contractor to commence Work. b) Prior to issue of the Certificate of Substantial Performance. c) Prior to expiration of the Warranty Period. d) At any other time when requested by the Contract Administrator. PIge 36 Rev. Date: 11/2006 OPSS.MUNI100 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I SECTION GC 7.0 _ CONTRACTOR'S RESPONSIBILITIES AND CONTROL OF THE WORK GC 7.01 General .01 The Contractor warrants that the site of the Work has been visited during the preparation of the Tender and the character of the Work and all local conditions that may affect the performance of the Work are known. .02 The Contractor shall not commence the Work nor deliver anything to the Working Area until the Contractor has received a written order to commence the Work, signed by the Contract Administrator. .03 The Contractor shall have complete control of the Work and shall effectively direct and supervise the Work so as to ensure conformity with the Contract Documents. The Contractor shall be responsible for construction means, methods, techniques. sequences, and procedures and for coordinating the various parts of the Work. .04 The Contractor shall provide adequate labour, Equipment, and Material to ensure the completion of the Contract in accordance with the Contract Documents. The Work shall be performed as vigorously and as continuously as weather conditions or other interferences may permit. .05 The Contractor shall have the sole responsibility for the design, erection, operation, maintenance, and removal of temporary structures and other temporary facilities and the design and execution of construction methods required in their use. .06 Notwithstanding paragraph GC 7.01.05, where the Contract Documents include designs for temporary structures and other temporary facilities or specify a method of construction in whole or part, such facilities and methods shall be considered to be part of the design of the Work, and the Contractor shall not be held responsible for that part of the design or the specified method of construction. The Contractor shall, however, be responsible for the execution of such design or specified method of construction in the same manner that the Contractor is responsible for the execution of the Work. .07 The Contractor shall execute the terms of the Contract in strict compliance with the requirements of the Occupational Health and Safety Act, R.S.O. 1990, c.O.1, as amended, (the "Act") and Ontario Regulation 213/91, as amended, (that regulates Construction Projects) and any other regulations as amended under the Act (the "Regulations") that may affect the performance of the Work, as the "Constructor" or "employer," as defined by the Act, as the case may be. The Contractor shall ensure that: a) worker safety is given first priority in planning, pricing, and performing the Work; b) its officers and supervisory employees have a working knowledge of the duties of a "Constructor" and "employer" as defined by the Act and the provisions of the Regulations applicable to the Work, and a personal commitment to comply with them; c) a copy of the most current version of the Act and the Regulations are available at the Contractor's office within the Working Area, or, in the absence of an office, in the possession of the supervisor responsible for the performance of the Work; d) workers employed to carry out the Work possess the knowledge, skills, and protective devices required by law or recommended for use by a recognized industry association to allow them to work in safety; e) its supervisory employees carry out their duties in a diligent and responsible manner with due consideration for the health and safety of the workers; and Page 37 Rev. Date: 11/2006 OPSS.MUNI100 f) all Subcontractors and their workers are properly protected from injury while they are at the Work Area. .08 The Contractor, when requested, shall provide the Owner with a copy of its health and safety policy and program at the pre-start meeting and shall respond promptly to requests from the Owner for confirmation that its methods and procedures for carrying out the Work comply with the Act and Regulations. The Contractor shall cooperate with representatives of the Owner and the inspectors appointed to enforce the Act and the Regulations in any investigations of worker health and safety in the performance of the Work. The Contractor shall indemnify and save the Owner harmless from any additional expense that the Owner may incur to have the Work performed as a result of the Contractor's failure to comply with the requirements of the Act and the Regulations. .09 Prior to commencement of the Work, the Contractor shall provide to the Contract Administrator a list of those products controlled under the Workplace Hazardous Materials Information System or WHMIS, which the Contractor expects to use on the Contract. Related Materials Safety Data Sheets shall accompany the submission. All containers used in the application of products controlled under WHMIS shall be labelled. The Contractor shall notify the Contractor Administrator in writing of changes in the products to be used and provide relevant Material Safety Data Sheets. .10 The Contractor shall have an authorized representative on the site while any Work is being performed, to supervise the Work and act for or on the Contractor's behalf. Prior:o commencement of construction, the Contractor shall notify the Contract Administrator of the names; addresses; positions; and cell phone, pager, and telephone numbers of the Contractor's representatives who can be contacted at any time to deal with matters relating to the Contract, and update as necessary. .11 The Contractor shall designate a person to be responsible for traffic control and work zone safety. The designated person shall be a competent worker who is qualified because of knowledge, training, and experience to perform the duties; is familiar with Book 7 of the Ontario Traffic Manual; and has knowledge of all potential or actual danger to workers and motorists. Prior to the commencement of construction, the Contractor shall notify the Contract Administrator of the name; address; position; cell phone, pager, and telephone numbers of the designated person, and update as necessary. The designated person may have other responsibilities, including other construction sites, and need not be present in the Working Area at all times. .12 The Contractor shall, at no additional cost to the Owner, furnish all reasonable aid, facilities, and assistance required by the Contract Administrator for the proper inspection and examination of the Work or the taking of measurements for the purpose of payment. .13 The Contractor shall prepare and update, as required, a construction schedule of operations, indicating the proposed methods of construction and sequence of work and the time the Contractor proposes to complete the various items of work within the time specified in the Contract Documents. The schedule shall be submitted to the Contract Administrator within 14 Days from the Contract award. If the Contractor's schedule is materially affected by changes, the Contractor shall submit an updated construction schedule, if requested by the Contract Administrator, within 7 Days of the request. This updated schedule shall show how the Contractor proposes to perform the balance of the Work, so as to complete the Work within the time specified in the Contract Documents. .14 Where the Contractor finds any error, inconsistency, or omission relating to the Contract, the Contractor shall promptly report it to the Contract Administrator and shall not proceed with the activity affected until receiving direction from the Contract Administrator. .15 The Contractor shall promptly notify the Contract Administrator in writing if the subsurface conditions observed in the Working Area differ materially from those indicated in the Contract Documents. Page 38 Rev Date: 11/2006 OPSS.MUNI100 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I r~: ~"""~' I 'j; ..~ I I I I I I I I .16 The Contractor shall arrange with the appropriate Utility authorities for the stake out of all underground Utilities and service connections that may be affected by the Work. The Contractor shall observe the location of the stake outs prior to commencing the Work and in the event that there is a discrepancy between the location of the stake outs and the locations shown on the Contract Documents, that may affect the Work, the Contractor shall immediately notify the Contract Administrator and the affected Utility companies, in order to resolve the discrepancy. The Contractor shall be responsible for any damage done to the underground Utilities and service connections by the Contractor's forces during construction if the stake out locations are within the tolerances given in paragraph GC 2.01.01 a). GC 7.02 Layout .01 Prior to commencement of construction, the Contract Administrator and the Contractor shall locate on site those property bars, baselines, and benchmarks that are necessary to delineate the Working Area and to layout the Work, all as shown on the Contract Drawings. .02 The Contractor shall be responsible for the preservation of all property bars while the Work is in progress, except those property bars that must be removed to facilitate the Work. Any other property bars disturbed, damaged, or removed by the Contractor's operations shall be replaced under the supervision of an Ontario Land Surveyor, at the Contractor's expense. .03 At no extra cost to the Owner, the Contractor shall provide the Contract Administrator with such materials and devices as may be necessary to layout the baseline and benchmarks, and as may be necessary for the inspection of the Work. ..04 The Contractor shall provide qualified personnel to layout 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 the Work, regardless of whether the Contractor's layout work has been checked by the Contract Administrator. .07 All stakes, marks, and reference points shall be carefully preserved by the Contractor. In the case of their destruction or removal, such stakes, marks, and reference points shall be replaced at the Contractor's expense. .08 Benchmarks and survey monuments identified in the Contract Documents shall be protected by the Contractor, In the case of their destruction or removal, such benchmarks and survey monuments shall be replaced by the Owner at the Contractor's expense. GC 7.03 Working Area .01 The Contractor's sheds, site offices, toilets, other temporary structures. and storage areas for Material and Equipment shall be grouped in a compact manner and maintained in a neat and orderly condition at all times. .02 The Contractor shall confine the construction operations to the Working Area. Should the Contractor require more space than that shown on the Contract Drawings, the Contractor shall obtain such space at no additional cost to the Owner. Page 39 Rev. Dale: 11/2006 OPSS.MUNI100 Page 40 Rev. Dale: 11/2006 OPSS.MUNI100 I I I I I I I I I I I I I I I I I I I .03 The Contractor shall not enter upon or occupy any private property for any purpose, unless the Contractor has received prior written permission from the property owner. GC 7.04 Damage by Vehicles or Other Equipment .01 If at any time, in the opinion of the Contract Administrator, damage is being done or is likely to be done to any Roadway or any improvement thereon, outside the Working Area, by the Contractor's vehicles or other Equipment, whether licensed or unlicensed Equipment, the Contractor shall, on the direction of the Contract Administrator, and at no extra cost to the Owner, make changes or substitutions for such vehicles or Equipment, and shall alter loadings, or in some other manner, remove the cause of such damage to the satisfaction of the Contract Administrator. GC 7.05 Excess Loading of Motor Vehicles .01 Where a vehicle is hauling Material for use on the Work. in whole or in part; upon a Highway; and where motor vehicle registration is required for such vehicle, the Contractor shall not cause or permit such vehicle to be loaded beyond the legal limit specified in the Highway Traffic Act, RS.O. 1990, cHa, as amended, whether such vehicle is registered in the name of the Contractor or otherwise, except where there are designated areas within the Working Area where overloading is permitted. The Contractor shall bear the onus of weighing disputed loads. GC 7.06 Condition of the Working Area .01 The Contractor shall maintain the Working Area in a tidy condition and free from the accumulation of debris and prevent dust nuisance. mud. and ponding water, other than that caused by the Owner or others. GC 7.07 Maintaining Roads and Detours .01 Unless otherwise specified in the Contract Documents, if an existing Roadway is affected by construction. it shall be kept open to both vehicular and pedestrian traffic. .02 Subject to the approval of the Contract Administrator, the Contractor shall, at no additional cost to the Owner, be responsible for providing and maintaining for the duration of the Work an alternative route for both pedestrian and vehicular traffic through the Working Area in accordance with the OTM, whether along the existing Highway under construction or on a detour road beside or adjacent to the Highway under construction. .03 Subject to the approval of the Contract Administrator, the Contractor may block traffic for short periods of time to facilitate construction of the Work in accordance with the OTM. Any temporary lane closures shall be kept to a minimum. .04 The Contractor shall not be required to maintain a road through the Working Area until such time as the Contractor has commenced operations or during seasonal shut down or on any part of the Contract that has been accepted in accordance with these General Conditions. The Contractor shall not be required to apply de-icing chemicals or abrasives or carry out snowplowing. .05 Where localized and separated sections of the Highway are affected by the Contractor's operations, the Contractor shall not be required to maintain intervening sections of the Highway until such times as these sections are located within the limits of the Highway affected by the Contractor's general operations under the Contract. .06 Where the Contract Documents provide for or the Contract Administrator requires detours at specific locations, payment for the construction of the detours and. if required, for the subsequent removal of the detours, shall be made at the Contract prices appropriate to such work. I I I I I I I I I I I I I I I I I I I .07 Compensation for all labour, Equipment, and Materials to do this Work shall be at the Contract prices appropriate to the Work and, where there are no such prices, at negotiated prices. Notwithstanding the foregoing, the cost of blading required to maintain the surface of such roads and detours shall be deemed to be included in the prices bid for the various tender items and no additional payment shall be made. .OB Where work under the Contract is discontinued for any extended period, including seasonal shutdown, the Contractor shall, when directed by the Contract Administrator, open and place the Roadway and detours in a passable, safe, and satisfactory condition for public travel. .09 Where the Contractor constructs a detour that is not specifically provided for in the Contract Documents or required by the Contract Administrator, the construction of the detour and, if required, the subsequent removal shall be performed at the Contractor's expense. The detour shall be constructed and maintained to structural and geometric standards approved by the Contract Administrator. Removal and site restoration shall be performed as directed by the Contract Administrator. .10 Where. with the prior written approval of the Contract Administrator, the Highway is closed and the traffic diverted entirely off the Highway to any other Highway, the Contractor shall, at no extra cost to the Owner, supply, erect, and maintain traffic control devices in accordance with the OTM. .11 Compliance with the foregoing provisions shall in no way relieve the Contractor of obligations under subsection GC 6.01, Protection of Work, Persons, and Property, dealing with the Contractor's responsibility for damage claims, except for claims arising on sections of Highway within the Working Area that are being maintained by others. GC 7.08 Access to Properties Adjoining the Work and Interruption of Utility Services .01 The Contractor shall provide at all times and at no extra cost to the Owner, a) 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, water and gas valves, and all other Utilities located in the Working Area. .03 Where any interruptions in the supply of Utility services are required and are authorized by the Contract Administrator, the Contractor shall give the affected property owners notice in accordance with subsection GC 7.12, Notices by the Contractor, and shall arrange such interruptions so as to create a minimum of interference to those affected. GC 7.09 Approvals and Permits . .01 Except as specified in subsection GC 4.02, Approval and Permits, the Contractor shall obtain and pay for any permits, licences, and certificates, which at the date of tender closing, are required for the performance of the Work. .02 The Contractor shall arrange for all necessary inspections required by the approvals and permits specified in paragraph GC 7.09.01. Page 41 Rev. Dale: 1112006 OPSS.MUNI100 GC 7.10 Suspension of Work .01 The Contractor shall, upon written notice from the Contract Administrator, discontinue or delay any or all of the Work and work shall not be resumed until the Contract Administrator so directs in writing. Delays, in these circumstances, shall be administered according to subsection GC 3.07, Delays. GC 7.11 Contractor's Right to Stop the Work or Terminate the Contract .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. .04 The Contractor's written notice to the Owner shall advise that if the default is not corrected in the 7 Days immediately following receipt of the written notice, the Contractor may, without prejudice to any other right or remedy the Contractor may have, stop the Work or terminate the Contract. .05 If the Contractor terminates the Contract under the conditions set out in subsection GC 7.11, the Contractor shall be entitled to be paid for all work performed according to the Contract Documents and for any losses or damage as the Contractor may sustain as a result of the termination of the Contract. GC 7.12 Notices by the Contractor .01 Before work is carried out that may affect the property or operations of any Ministry or agency of government or any person; company; partnership; or corporation, including a municipal corporation or any board or commission thereof, and in addition to such notices of the commencement of specified operations as are prescribed elsewhere in the Contract Documents, the Contractor shall give at least 48 hours advance written notice of the date of commencement of such work to the person, company, partnership, corporation, board, or commission so affected. .02 In the case of damage to or interference with any Utilities, pole lines, pipe lines, conduits, farm tiles, or other public or privately owned works or property, the Contractor shall immediately notify the Owner, Contract Administrator, and the owner of the works of the location and details of such damage or interference. Page 42 Rev. Dale: 11/2006 OPSS.MUNI100 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I GC 7.13 Obstructions .01 Except as otherwise noted in these General Conditions, the Contractor assumes all the risks and responsibilities arising out of any obstruction encountered in the performance of the Work and any traffic conditions, including traffic conditions on any Highway or road giving access to the Working Area caused by such obstructions. and the Contractor shall not make any claim against the Owner for any loss, damage, or expense occasioned thereby. .02 Where the obstruction is an underground Utility or other man-made object, the Contractor shall not be required to assume the risks and responsibilities arising out of such obstruction, unless the location of the obstruction is shown on the Plans or described in the Contract Documents and the location so shown is within the tolerance specified in paragraph GC 2.01.01 a), or unless the presence and location of the obstruction has otherwise been made known to the Contractor or could have been determined by the visual site investigation made by the Contractor in accordance with these General Conditions. .03 During the course of the Contract, it is the Contractor's responsibility to consult with Utility companies or other appropriate authorities for further information in regard to the exact location of these Utilities, to exercise the necessary care in construction operations, and to take such other precautions as are necessary to safeguard the Utilities from damage. GC 7.14 Limitations of Operations .01 Except for such work as may be required by the Contract Administrator to maintain the Work in a safe and satisfactory condition, the Contractor shall not carry out operations under the Contract on Saturdays, Sundays, and Statutory Holidays without permission in writing from the Contract Administrator. .02 The Contractor shall cooperate and coordinate the Work with other Contractors, Utility companies, and the Owner and they shall be allowed access to their work or plant at all reasonable times. GC 7.15 Cleaning Up Before Acceptance .01 Upon attaining Substantial Performance of the Work, the Contractor shall remove surplus materials, tools, construction machinery and equipment not required for the performance of the remaining Work. The Contractor shall also remove all temporary works and debris other than that caused by the Owner or others and leave the Work and Working Area clean and suitable for occupancy by the Owner, unless otherwise specified. .02 The Work shall not be deemed to have reached Completion until the Contractor has removed surplus materials, tools, construction machinery, and equipment. The Contractor shall also have removed debris, other than that caused by the Owner, or others. GC 7.16 Warranty .01 Unless otherwise specified in the Contract Documents for certain Materials or components of the Work, the Contractor shall be responsible for the proper performance of the Work only to the extent that the design and standards permit such performance. .02 Subject to the previous paragraph the Contractor shall correct promptly, at no additional cost to the Owner, defects or deficiencies in the Work that appear, a) prior to and during the period of 12 months from the date of Substantial Performance of the Work, as set out in the Certificate of Substantial Performance of the Work, Page 43 Rev. Date: 11/2006 OPSS.MUNI100 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 in the Contract Documents for certain Materials or some of the Work. The Contract Administrator shall promptly give the Contractor written notice of observed defects or deficiencies. .03 The Contractor shall correct or pay for damage resulting from corrections made under the requirements of paragraph GC 7.16.02. GC 7.17 Contractor's Workers .01 The Contractor shall only employ orderly, competent, and skillful workers to do the Work and whenever the Contract Administrator shall inform the Contractor in writing that any worker or workers involved in the Work are, in the opinion of the Contract Administrator, incompetent, or disorderly such worker or workers shall be removed from the work and shall not be employed on the work again without the consent in writing of the Contract Administrator. GC 7.18 Drainage .01 During construction and until the Work is completed, the Contractor shall make all reasonable efforts to keep all portions of the Work properly and efficiently drained, to at least the same degree as that of the existing drainage conditions. Page 44 Rev. Dale: 11/2006 OPSS.MUNI100 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I SECTION GC 8.0 - MEASUREMENT AND PAYMENT GC 8.01 Measurement GC 8.01.01 Quantities .01 The Contract Administrator shall make an Estimate once a month, in writing, of the quantity of Work performed. The first Estimate shall be the quantity of Work performed since the Contractor commenced the Contract, and every subsequent Estimate, except the final one, shall be of the quantity of Work performed since the preceding Estimate was made. The Contract Administrator shall provide the copy of each Estimate to the Contractor within 10 Days of the Cut-Off Date. .02 Such quantities for progress payments shall be construed and held to approximate. The final quantities for the issuance of the Completion Payment Certificate shall be based on the measurement of Work completed. .03 Measurement of the quantities of the Work performed may be either by Actual Measurement or by Plan Quantity principles as indicated in the Contract. Adjustments to Plan Quantity measurements shall normally be made using Plan Quantity principles but may, where appropriate, be made using Actual Measurements. Those items identified on the Tender by the notation (P) in the unit column shall be paid according to the Plan Quantity. Items where the notation (P) does not occur shall be paid according to Actual Measurement or lump sum. GC 8.01.02 Variations in Tender Quantities .:_ .01 Where it appears that the quantity of Work to be done or Material to be supplied or both by the Contractor under a unit price tender item may exceed or be less than the tender quantity, the Contractor shall proceed to do the Work or supply the Material or both required to complete the tender item and payment shall be made for the actual amount of Work done or Material supplied or both at the unit prices stated in the Tender except as provided below: a) In the case of a Major Item where the quantity of Work performed or Material supplied or both by the Contractor exceeds the tender quantity by more than 15%, either party to the Contract may make a written request to the other party to negotiate a revised unit price for that portion of the Work performed or Material supplied or both which exceeds 115% of the tender quantity The negotiation shall be carried out as soon as reasonably possible. Any revision of the unit price shall be based on the actual cost of doing the Work or supplying the Material or both under the tender item plus a reasonable allowance for profit and applicable overhead. b) In the case of a Major Item where the quantity of Work performed or Material supplied or both by the Contractor is less than 85% of the tender quantity, the Contractor may make a written request to negotiate for the portion of the actual overheads and fixed costs applicable to the amount of the underrun in excess of 15% of the tender quantity. For purposes of the negotiation, the overheads and fixed costs applicable to the item are deemed to have been prorated uniformly over 100% of the tender quantity for the item. Overhead costs shall be confirmed by a statement certified by the Contractor's senior financial officer or auditor and may be audited by the Owner. Alternatively, where both parties agree, an allowance equal to 10% of the unit price on the amount of the underrun in excess of 15% of the tender quantity shall be paid. Written requests for compensation must be received no later than 60 Days after the issuance of the Completion Payment Certificate. Page 45 Rev. Date: 1112006 OPSS.MUNI100 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 anyone item and without specified details of payment shall be deemed to be included in the items with which it is associated. GC 8.02.02 Advance Payments for Material .01 The Owner shall make advance payments for Material intended for incorporation in the Work upon the written request of the Contractor and according to the following terms and conditions: a) The Contractor shall deliver the Material to a site approved by the Contract Administrator and the Contractor shall, in advance of receipt of the shipment of the Material, arrange for adequate and proper storage facilities. b) The value of aggregates, processed and stockpiled, shall be assessed by the following procedure: i. Sources Other Than Commercial (1) Granular A, B, BI, BII, Bill, M, and 0 shall be assessed at the rate of 60% of the Contract price. (2) Coarse and fine aggregates for hot mix asphaltic concrete, surface treatment and Portland cement concrete shall be assessed at the rate of 25% of the Contract price for each aggregate stockpiled. ii. Commercial Sources Payment for separated coarse and fine aggregates shall be considered at the above rate when such materials are stockpiled at a commercial source where further processing is to be carried out before incorporating such materials into a final product. Advance payments for other materials located at a commercial source shall not be made. c) Payment for all other materials, unless otherwise specified elsewhere in the Contract Documents, shall be based on the invoice price, and the Contractor shall submit proof of cost to the Contract Administrator before payment can be made by the Owner. d) The payment for all Materials shall be prorated against the appropriate tender item by paying for suffiCient units of the item to cover the value of the material. Such payment shall not exceed 80% of the Contract price for the item. e) All Materials for which the Contractor wishes to receive advance payment shall be placed in the designated storage location immediately upon receipt of the material and shall thenceforth be held by the Contractor in trust for the Owner as collateral security for any monies advanced by the Owner and for the due completion of the Work. The Contractor shall not exercise any act of ownership inconsistent with such security, or remove any Material from the storage locations, except for inclusion in the Work, without the consent, in writing, of the Contract Administrator. f) Such materials shall remain at the risk of the Contractor who shall be responsible for any loss, damage, theft, improper use, or destruction of the material however caused. .02 Where the Owner makes advance payments subject to the conditions listed in paragraph GC 8.02.02.01, such payment shall not constitute acceptance of the Material by the Owner. Acceptance shall only be determined when the material meets the requirements of the appropriate specification. Page 46 Rev. Date: 11/2006 OPSSMUNI 100 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I . r,:. I I I I I I I I GC 8.02.03 Certification and Payment GC 8.02.03.01 Progress Payment Certificate .01 The value of the Work performed and Material supplied shall be calculated once a month by the Contract Administrator in accordance with the Contract Documents and clause GC 8.01.01, Quantities. .02 The progress Payment Certificate shall show, a) the quantities of Work performed; b) the value of Work performed; c) any advanced payment for Material; d) the amount of statutory holdback, liens, Owner's set-off; e) the amount of GST, as applicable; and f) the amount due to the Contractor. .03 One copy of the progress Payment Certificate shall be sent to the Contractor. .04 Payment shall be made within 30 Days of the Cut-Off Date. GC 8.02.03.02 Certification of Subcontract Completion .01 Before the Work has reached the stage of Substantial Performance, the Contractor may notify the Contract Administrator, in writing that a subcontract is completed satisfactorily and ask that the Contract Administrator certify the completion of such subcontract. .02 The Contract Administrator shall issue a Certificate of Subcontract Completion, if the subcontract has been completed satisfactorily, and all required inspection and testing of the works covered by the subcontract have been carried out and the results are satisfactory. .03 The Contract Administrator shall set out in the Certificate of Subcontract Completion the date on which the subcontract was completed and, within 7 Days of the date the subcontract is certified complete, the Contract Administrator shall give a copy of the certificate to the Contractor and to the Subcontractor concerned. GC 8.02.03.03 Subcontract Statutory Holdback Release Certificate and Payment .01 Following receipt of the Certificate of Subcontract Completion, the Owner shall release and pay the Contractor the statutory holdback retained in respect of the subcontract. Such release shall be made 46 Days after the date the subcontract was certified complete and providing the Contractor submits the following to the Contract Administrator: a) a document satisfactory to the Contract Administrator that shall release the Owner from all further claims relating to the subcontract, qualified by stated exceptions such as holdback monies; b) evidence satisfactory to the Contract Administrator that the Subcontractor has discharged all liabilities incurred in carrying out the subcontract; Page 47 Rev. Date: 11/2006 OPSS.MUNI100 c) a satisfactory clearance certificate or letter from the Workplace Safety and Insurance Board relating to the subcontract; and d) a copy of the contract between the Contractor and the Subcontractor and a satisfactory statement showing the total amount due the Subcontractor from the Contractor. .02 Paragraph GC 8.02.03.03.01 d), shall only apply to Lump Sum Items and then only when the Contract Administrator specifically requests it. .03 Upon receipt of the statutory holdback, the Contractor shall forthwith give the Subcontractor the payment due under the subcontract. .04 Release of statutory holdback by the Owner in respect of a subcontract shall not relieve the Contractor, or the Contractor's Surety, of any of their responsibilities. GC 8.02.03.04 Certification of Substantial Performance .01 Upon application by the Contractor and when the Contract Administrator has verified that the Contract has been substantially performed, the Contract Administrator shall issue a Certificate of Substantial Performance. .02 Upon verifying that the Contract has been substantially performed, the Contract Administrator shall issue a certificate of Substantial Performance and shall set out in the Certificate of Substantial Performance the date on which the Contract was substantially performed and, within 7 Days after signing the said certificate, the Contract Administrator shall provide a copy to the Contractor. .03 Upon receipt of a copy of the Certificate of Substantial Performance, the Contractor shall forthwith, as required by Section 32(1) Paragraph 5 of the Construction Lien Act, R.S.O. 1990, c.C.30, as amended, publish a copy of the certificate in a construction trade newspaper. Such publication shall include placement in the Daily Commercial News. .0.4 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 Holdback Release Payment Certificates, shall commence from the date of publication of the Certificate of Substantial Performance as provided for above. GC 8.02.03.05 Substantial Performance Payment and Substantial Performance Statutory Holdback Release Payment Certificates .01 When the Contract Administrator issues the Certificate of Substantial Performance, the Contract Administrator shall also issue the Substantial Performance Payment Certificate and the Substantial Performance Statutory Holdback Release Payment Certificate or where appropriate, a combined payment certificate. .02 The Substantial Performance Payment Certificate shall show, a) the value of Work performed to the date of Substantial Performance; b) the value of outstanding or incomplete Work; c) the amount of the statutory holdback, allowing for any previous releases of statutory holdback to the Contractor in respect of completed subcontracts and deliveries of pre-selected equipment; Page 48 Rev. Dale: 11/2006 OPSS.MUNI 100 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I' +. I :-, I I I I I I I I d) the amount of maintenance security required: and e) the amount due the Contractor. .03 Payment of the amount certified shall be made within 30 Days of the date of issuance of the payment certificate. .04 The Substantial Performance Statutory Holdback Release Payment Certificate shall be a payment certificate releasing to the Contractor the statutory holdback due in respect of Work performed up to the date of Substantial Performance. Payment of such statutory holdback shall be due 46 Days after the date of publication of the Certificate of Substantial Performance but subject to the provisions of the Construction Lien Act and the submission by the Contractor of the following documents: a) a release by the Contractor in a form satisfactory to the Contract Administrator releasing the Owner from all further claims relating to the Contract. qualified by stated exceptions such as outstanding work or matters arising out of subsection GC 3.13, Claims, Negotiations, Mediation; b) a statutory declaration in a form satisfactory to the Contract Administrator that all liabilities incurred by the Contractor and the Contractor's Subcontractors in carrying out the Contract have been discharged except for statutory holdbacks properly retained; c) a satisfactory Certificate of Clearance from the Workplace Safety and Insurance Board; and d) proof of publication of the Certificate of Substantial Performance. GC 8.02.03.06 Certification of Completion .01 Upon application by the Contractor and when the Contract Administrator has verified that the Contract has reached Completion, the Contract Administrator shall issue a Completion Certificate. .02 The Contract Administrator shall set out in the Completion Certificate the date on which the Work was completed and, within 7 Days of signing the said certificate, the Contract Administrator shall provide a copy to the Contractor. GC 8.02.03.07 Completion Payment and Completion Statutory Holdback Release Payment Certificates .01 When the Contract Administrator issues the Completion Certificate, the Contract Administrator shall also issue the Completion Payment Certificate and the Completion Statutory Holdback Release Payment Certificate or where appropriate, a combined payment certificate. .02 The Completion Payment Certificate shall 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. .03 The Completion Statutory Holdback Release Payment Certificate shall be a payment certificate releasing to the Contractor the further statutory holdback. Payment of such statutory holdback shall be due 46 Days after the date of Completion of the Work as established by the Completion Certificate but subject to the provisions of the Construction Lien Act and the submission by the Contractor of the following documents: Page 49 Rev. Dale: 1112006 OPSS.MUNI100 GC 8.02.03.08 Interest I I I I I I I I I I I I I I I I I I I 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. .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; and g) Completion Statutory Holdback Release Payment Certificate: 76 Days after the date certified as the date that the Work was completed. .02 If the Contractor has not complied with the requirements of the Contract, including all documentation requirements, prior to expiration of the time periods described in paragraph GC 8.02.03.0901, interest shall only begin to accrue when the Contractor has completed those requirements. Page 50 Rev. Dale: 11/2006 OPSS.MUNI100 I I I I I I I I I I I I I I I I I I I GC 8.02.03.10 Interest for Negotiations and Claims .01 Except as hereinafter provided, where a notice of negotiation, notice of intent to claim and the subsequent claims are submitted in accordance with the time limits or procedure or both described by subsection GC 3.13, Claims, Negotiations, Mediation, the Owner shall pay the Contractor the Rate of Interest on the amount of the negotiated price for that part of the Work or on the amount of the settled claim. Such interest shall not commence until 30 Days after the satisfactory completion of that part of the Work. .02 Where the Contractor does not attempt to resolve the negotiation or the claim in an expeditious manner, interest shall be negotiable. .03 Where the Contractor fails to give notice of a claim within the tirr.e limit prescribed by subsection GC 3.13, Claims, Negotiations, Mediation, interest shall not be paid. .04 Where a Contractor fails to comply with the 30 Day time limit and the procedures prescribed in paragraph GC 3.13.03.03 for submission of claims, interest shall not be paid for the delay period. GC 8.02.03.11 Owner's Set-Off .01 Pursuant to Section 12 of the Construction Lien Act, the Owner may retain from monies owing to the Contractor under this Contract an amount sufficient to cover any outstanding or disputed liabilities, including the cost to remedy deficiencies, the reduction in value of substandard portions of the Work, claims for damages by third parties that have not been determined in writing by the Contractor's insurer, undetermined claims by the Owner under paragraph GC 8.01.02.01 a), any assessment due the Workplace Safety and Insurance Board, and any monies to be paid to the workers in accordance with clause GC 8.02.06, Payment of Workers. .02 Under these circumstances the Owner will give the Contractor appropriate notice of such action. GC 8.02.03.12 Delay in Payment .01 The Owner shall not be deemed to be in default of the Contract provided any delay in payment does not exceed 30 Days from the due dates as defined in paragraph GC 8.02.03.09.01. GC 8.02.04 Payment on a Time and Material Basis GC 8.02.04.01 Definitions .01 For the purpose of clause GC 8.02.04 the following definitions apply: Cost of Labour means the amount of wages, salary, travel, travel time, food, lodging, or similar items and Payroll Burden paid or incurred directly by the Contractor to or in respect of labour and supervision actively and necessarily engaged on the Work based on the recorded time and hourly rates of pay for such labour and supervision but shall not include any payment or costs incurred for general supervision, administration, and management time spent on the entire Work or any wages, salary, or Payroll Burden for which the Contractor is compensated by any payment made by the Owner for Equipment. Cost of Material means the cost of Material purchased or supplied from stock and valued at current market prices for the purpose of carrying out Extra Work by the Contractor or by others, when such arrangements have been made by the Contractor for completing the Work, as shown by itemized invoices. Operated Rented Equipment means Rented Equipment for which an operator is provided by the supplier of the equipment and for which the rent or lease includes the cost of the operator. Page 51 Rev. Date: 1112006 OPSS.MUNI100 Payroll Burden means the payments in respect of workplace insurance, vacation pay, employment insurance, public liability and property damage insurance, sickness and accident insurance. pension fund, and such other welfare and benefit payments forming part of the Contractor's normal labour costs. Rented Equipment means equipment that is rented or leased for the special purpose of Work on a Time and Material Basis from a person, firm, or corporation that is not an associate of the lessee as the word "associate" is defined by the Securities Act, R.S.O. 1990, cS.5, as amended, and is approved by the Contract Administrator. Road Work means the preparation, construction, finishing, and construction maintenance of roads, streets, Highways, and parking lots and includes all work incidentals thereto other than work on structures. Sewer and Watermain Work means the preparation, construction, finishing, and construction maintenance of sewer systems and watermain systems, and includes all work incidental thereto other than work on structures. Standby Time means any period of time that is not considered Working Time and which together with the Working Time does not exceed 10 hours in anyone Working Day and during which time a unit of equipment cannot practically be used on other work but must remain on the site in order to continue with its assigned task and during which time the unit is in fully operable condition. Structure Work means the construction, reconstruction, repair, alteration, remodelling, renovation, or demolition of any bridge, building, tunnel, or retaining wall and includes the preparation for and the laying of the foundation of any bridge, building, tunnel, or retaining wall and the installation of equipment and appurtenances incidental thereto. The 127 Rate means the rate for a unit of Equipment as listed in OPSS 127, Schedule of Rental Rates for Construction Equipment, Including Model and Specification Reference, that is current at the time the work is carried out or for Equipment that is not so listed, the rate that has been calculated by the Owner, using the same principles as used in determining The 127 Rates. Work on a Time and Material Basis means Changes in the Work, Extra Work, and Additional Work approved by the Contract Administrator for payment on a Time and Material basis. The Work on a Time and Material Basis shall be subject to all the terms, conditions, Standard Specifications and provisions of the Contract. Working Time means each period of time during which a unit of Equipment is actively and of necessity engaged on a specific operation and the first 2 hours of each immediately following period during which the unit is not so engaged but during which the operation is otherwise proceeding and during which time the unit cannot practically be transferred to other work but must remain on the site in order to continue with its assigned tasks and during which time the unit is in a fully operable condition. GC 8.02.04.02 Daily Work Records .01 Daily Work Records, prepared as the case may be by either the Contractor's representative or the Contract Administrator reporting the labour and Equipment employed and the Material used on each Time and Material project, should be reconciled and signed each Day by both the Contractor's representative and the Contract Administrator. If it is not possible to reconcile the Daily Work Records, then the Contractor shall submit the un-reconciled Daily Work Records with its claim, whereby the resolution of the dispute about the Daily Work Records shall not be resolved until there is a resolution of the claim. Page 52 Rev. Dale: 11/2006 OPSSMUNI100 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I:.~ ..,.;.( I....-:.:t.. .." . ~ ...l I I I I I I I I GC 8.02.04.03 Payment for Work .01 Payment as herein provided shall be full compensation for all labour, Equipment, and Material to do the Work on a Time and Material Basis except where there is agreement to the contrary prior to the commencement of the Work on a Time and Material Basis. The payment adjustments on a Time and Material basis shall apply to each individual Change Order authorized by the Contract Administrator. GC 8.02.04.04 Payment for Labour .01 The Owner shall pay the Contractor for labour employed on each Time and Material project at 135% of the Cost of Labour up to $3,000, then at 120% of any portion of the Cost of Labour in excess of $3.000. .02 The Owner shall make payment in respect of Payroll Burden for Work on a Time and Material Basis at the Contractor's actual cost of Payroll Burden. .03 At the Owner's discretion, an audit may be conducted in which case the actual Payroll Burden so determined shall be applied to all Time and Material work on the Contract. GC 8.02.04.05 Payment for Material .01 The Owner shall pay the Contractor for Material used on each Time and Material project at 120% of the Cost of the Material up to $3,000, then at 115% of any portion of the Cost of Material in excess of $3.000. GC 8.02.04.06 GC 8.02.04.06.01 Payment for Equipment Working Time .01 The Owner shall pay the Contractor for the Working Time of all Equipment. other than Rented Equipment and Operated Rented Equipment, used on the Work on a Time and Material basis at The 127 Rates with a cost adjustment as follows: a) Cost $10,000 or less - no adjustment; b) Cost greater than $10.000 but not exceeding $20,000 - payment $10,000 plus 90% of the portion in excess of $10.000; and c) Cost greater than $ 20,000 - $19,000 plus 80% of the portion in excess of $20,000. .02 The Owner shall pay the Contractor for the Working Time of Rented Equipment used on the Work on a Time and Material Basis at 110% of the invoice price approved by the Contract Administrator up to a maximum of 110% of The 127 Rate. This constraint shall be waived when the Contract Administrator approves the invoice price prior to the use of the Rented Equipment. .03 The Owner shall pay the Contractor for the Working Time of Operated Rented Equipment used on the Work on a Time and Material Basis at 110% of the Operated Rented Equipment invoice price approved by the Contract Administrator prior to the use of the Equipment on the Work on a Time and Material Basis. GC 8.02.04.06.02 Standby Time .01 The Owner shall pay the Contractor for Standby Time of Equipment at 35% of The 127 Rate or 35% of the invoice price whichever is appropriate. The Owner shall pay reasonable costs for Rented Equipment where this is necessarily retained in the Working Area for extended periods agreed to by Page 53 Rev. Dale: 11/2006 OPSS.MUNI100 the Contract Administrator. This shall include Rented Equipment intended for use on other work, but has been idled due to the circumstances giving rise to the Work on a Time and Material Basis. .02 In addition, the Owner shall include the Cost of Labour of operators or associated labourers who cannot be otherwise employed during the standby period or during the period of idleness caused by the circumstances giving rise to the Work on a Time and Material Basis. .03 The Contract Administrator may require Rented Equipment idled by the circumstances giving rise to the Work on Time and Material Basis to be returned to the lessor until the work requiring the equipment can be resumed. The Owner shall pay such costs as a result from such return. .04 When Equipment is transported, solely for the purpose of the Work on a Time and Material Basis, to or from the Working Area on a Time and Material basis, payment shall be made by the Owner only in respect of the transporting units. When Equipment is moved under its own power it shall be deemed to be working. The method of moving Equipment and the rates shall be subject to the approval of the Contract Administrator. GC 8.02.04.07 Payment for Hand Tools .01 Notwithstanding any other provision of this Section, no payment shall be made to the Contractor for or in respect of Hand Tools or equipment that are tools of the trade. GC 8.02.04.08 Payment for Work By Subcontractors .01 Where the Contractor arranges for Work on a Time and Material Basis, or a part of it, to be performed by Subcontractors on a Time and Material basis and has received approval prior to the commencement of such work, in accordance with the requirements of subsection GC 3.09, Subcontracting by the Contractor, the Owner shall pay the cost of Work on a Time and Material Basis by the Subcontractor calculated as if the Contractor had done the Work on a Time and Material Basis, plus a markup calculated on the following basis: a) 20% of the first $3,000; plus b) 15% of the amount from $3,000 to $10,000; plus c) 5% of the amount in excess of $10,000. .02 No further markup shall be applied regardless of the extent to which the work is assigned or sublet to others. If work is assigned or sublet to an associate, as defined by the Securities Act, no markup whatsoever shall be applied. GC 8.02.04.09 Submission of Invoices .01 At the start of the Work on a Time and Material Basis. the Contractor shall provide the applicable labour and Equipment rates not already submitted to the Contract Administrator during the course of such work. .02 Separate summaries shall be completed by the Contractor according to the standard form "Summary for Payment of Accounts on a Time and Material Basis." Each summary shall include the Change Directive or Change Order number and covering dates of the work and shall itemize separately the labour, Materials, and Equipment. Invoices for Materials, Rented Equipment, and other charges incurred by the Contractor on the Work on a Time and Material Basis shall be included with each summary. Page 54 Rev. Date: 11/2006 OPSS.MUNI100 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I ,,. '.' . ,t I I I I I I I I I .03 Each month the Contract Administrator shall include with the monthly progress payment certificate, the costs of the Work on a Time and Material Basis incurred during the preceding month all in 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 8.02.04.10 Payment Other Than on a Time and Material Basis .01 Clause GC 8.02.04 does not preclude the option of the Contract Administrator and the Contractor negotiating a Lump Sum Item or unit price payment for Change in the Work, Extra Work, and Additional Work. GC 8.02.04.11 Payment Inclusions .01 Except where there is agreement in writing to the contrary, the compensation, as herein provided, shall be accepted by the Contractor as compensation in full for profit and all costs and expenses arising out of the work, including all cost of general supervision, administration, and management time spent on the work, and no other payment or allowance shall be made in respect of such work. GC 8.02.05 Final Acceptance Certificate .01 After the acceptance of the Work, the Contract Administrator shall issue the Final Acceptance Certificate, or, where applicable, after the Warranty Period has expired. The Final Acceptance Certificate shall not be issued until all known deficiencies have been adjusted or corrected, as the case may be, and the Contractor has discharged all obligations under the Contract. 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. .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 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. Page 55 Rev. Date: 11/2006 OPSS.MUNI100 GC 8.02.08 Taxes .01 Where a change in Canadian Federal or Provincial taxes occurs after the date of tender closing for this Contract, and this change could not have been anticipated at the time of bidding, the Owner shall increase or decrease Contract payments to account for the exact amount of tax change involved. .02 Claims for compensation for additional tax cost shall be submitted by the Contractor to the Contract Administrator on forms provided by the Contract Administrator to the Contractor. Such claims for additional tax costs shall be submitted not less than 30 Days after the date of Final Acceptance. .03 Where the Contractor benefits from a change in Canadian Federal or Provincial taxes, the Contractor shall submit to the Contract Administrator, on forms provided by the Contract Administrator, a statement of such benefits. This statement shall be submitted not later than 30 Days after Final Acceptance. .04 Changes in Canadian Federal or Provincial taxes that impact upon commodities, which when left in place form part of the finished Work, or the provision of services, where such services form part of the Work and where the manufacture or supply of such commodities or the provision of such services is carried out by the Contractor or a Subcontractor, are subject to a claim or benefit as detailed above. Services in the latter context means the supply and operation of equipment, the provision of labour, and the supply of commodities that do not form part of the Work. GC 8.02.09 Liquidated Damages .01 When liquidated damages are specified in the Contract and the Contractor fails to complete the Work in accordance with ~he Contract, the Contractor shall pay such amounts as are specified in the Contract Documents. Page 56 Rev. Date: 11/2006 OPSS.MUNI100 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I A-I CONTRACT NO. 09089 THIS AGREEMENT MADE IN TRIPLICATE THIS 11th DAY OF June, 2009 BETWEEN: Municipality of Kincardine 1475 Concession 5, R. R. 5 Kincardine, ON N2Z 2X6 (hereinafter called "the Owner") OF THE FIRST PART - and - Huron Landscaping Limited R. R. #2 Lucknow, ON NOG 2HO (hereinafter called "the Contractor") OF THE SECOND PART WITNESSETH That the Owner and the Contractor, in consideration of the fulfilment of their respective promises and obligations herein set forth covenant and agree with each other as follows: ARTICLE 1 a) A description of the work is: Municipality of Kincardine, St. Andrews Park, Tiverton, Contract No. 09089 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. 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 I I I I I I I I I I I I I I I I I I A-2 a) Agreement b) Addenda c) Special Provisions d) Contract Drawings e) Information to Bidders f) Standard Specifications g) Standard Drawings h) Form of Tender i) Supplemental General Conditions j) General Conditions k) Working Drawings ARTICLE 3 The Contractor shall not without the consent in writing of the Owner (or the Engineer) and without restricting in any way the provisions of the General Conditions attached hereto make any assignment of any part or the whole of any monies due or to become due under the provisions of this contract. ARTICLE 4 The Owner covenants with the Contractor that the Contractor having in all respects complied with the provisions of this contract, will be paid for and in respect of the works the sum of One Hundred and Ten Thousand and Ninety-Three Dollars and Fifty-Five Cents ($11 0,093.55) subject to such additions and deductions as may properly be made under the terms hereof, subject to the provision that the Owner may make payments on account monthly or otherwise as may be provided in the attached hereto. ARTICLE 5 Where any notice, direction or other communication is required to be or may be given or made by one of the parties hereto to the other or to the 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 I I I I I I I I I I I I I I I I I I I 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 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, 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. ARTICLE 7 No implied contract of any kind whatsoever by or on behalf of the Owner shall arise or be implied from anything in this contract contained, nor from any position or situation of the parties at any time, it being clearly understood that the express covenants and agreements herein contained made by the Owner shall be the only covenants and agreements upon which any rights against the Owner may be founded. ARTICLE 8 Time shall be deemed the essence of this Contract. ARTICLE 9 The Contractor declares that in tendering for the works and in entering into this Contract, 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 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 any information from such sources was and is approximate and speculative only, and was not in any manner warranted or guaranteed by the Owner. I I I I I I I I A-4 ARTICLE 10 This contract shall apply to and be binding on the parties hereto and their successors, administrators, executors and assigns and each of them. IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals the day and year first above written or caused their corporate seals to be affixed, attested by the signature of their proper officer, as the case may be. FOR THE OWNER: J. ~""'(--,'- me ~a~ 'fltle ~.... I~ Dae I/We have the authority to bind the corporation. I.:(:,--~~ 3,V~oseV\'QII I Signature Name I I I I I I I I I L.AO 'fitle T~ ~ I fe/Of Date I/We have the authority to bind the corporation. FOR THE CONTRACTOR: " j)fltfliP GU& Ami,.} Sign e Name I/We have the authority to bind the corporation. P~E.s 'fitle -' , :: ,. 3 :_Jv~'/31Ca::R . .,,', Date / "':".... ........ Signature Name 'fitle Date I1We have the authority to bind the corporation. F:\wp\Contracts\Fonns\A-t-4.doc I I I I I I I I I I I I I I I I I I I Page I MUNICIPALITY OF KINCARDINE NOTICE TO ALL CONTRACTORS CORPORATE STATEMENT OCCUPATIONAL HEALTH AND SAFETY The Corporation of the Municipality of Kincardine is committed to ensuring that a high standard of health and safety is provided and maintained for all employees' visitors, guests, contractors, agents and others on our premises. Accordingly, a corporate health and safety policy and procedure manual has been adopted and implemented and shall be adhered to. ALL CONTRACTORS SHALL: I. Demonstrate establishment and maintenance of health and safety program with objectives and standards consistent with applicable legislation and with the Municipality of Kincardine's health and safety policies and requirements. 2. Submit a copy of past accident records and Worker's Compensation Board Number. 3. Include health and safety provisions in their management systems to reach and maintain consistently a high level of health and safety. 4. Ensure that workers in their employ are aware of hazardous substances that may be in use at their place of work and wear appropriate personal protective equipment as may be required. 5. Upon request at any time from award to completion of contract, submit proof of fulfilment of above responsibilities. 6. Must comply with Workplace Safety Insurance Board (WSIB) premiums. 7. The Contractor shall sign-off on the corporate occupational health & safety form stating his agreement to comply. Your co-operation and assistance in this matter is appreciated and vital to the Health and Safety of all. F:\wp\Contracts\Fonns\KINCARDlNE Health and Safety Fonn.doc I I I I I I I I I I I I I I I I I I I Page 2 MUNICIPALITY OF KINCARDINE OCCUPATIONAL HEALTH AND SAFETY COMPLIANCE FORM I have read the "Municipality of Kincardine, Notice to All Contractors, Corporate Statement of Occupational Health and Safety" and agree to comply with it. 4~'SN~ JJ\0 E I ~ l2-00Q. Date F:\wp\Contracts\Forms\KINCARDINE Health and Safety Form.doc I I I- I I I I I I I I I I I I I I I I CONTRACT RELEASE IN THE MATTER of a Contract dated ,20_, known as Contract for the construction of in the , Ontario KNOW ALL MEN BY THESE PRESENTS that I/We (name of Contractor, in full) for and in consideration of other good and valuable consideration paid by the Owner, have remised, released and forever discharged, and by these presents do for myself/ourselves, my/our heirs, executors, administrators and assigns or successors and assigns, as the case may be, remise, release and forever discharge the Owner, its successors and assigns, of and from all manner of action and actions, cause and causes of action, suits, debts, dues sums of money, claims and demands whatsoever at 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; 3) (if none, state "none") IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals. SIGNED, SEALED AND DELIVERED ) ) ) ) ) ) Witness or Company Seal F:\wp\Contracts\Forms\Contract Release.doc I I I I I I I I I I I I I I I I I I I STATUTORY DECLARATION RE PAYMENT OF ACCOUNTS DOMINION OF CANADA (IN THE MATTER of a contract, known as Contract (entered into between ( ( AND ( (dated (for the construction of ( (in the Owner the Contractor ,20_ , Ontario. TO WIT: I, Province of of in the , do solemnly declare: 1. That I am X of the (President, Secretary, Treasurer, a Partner, etc.) Contractor named in the Contract above-mentioned and as such have personal knowledge of the facts hereunder declared. 2. That the said Contractor has complied with the terms of the Construction Lien Act, R.S.O. 1990, c.C.30 and amendments thereto, with the requirements of statutes and regulations of the Province of OQtario relating to the payment of fair wages and with the requirements of the said Contract relating to the payment of wages. 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. Name & Address of Creditor Service Rendered Amount Outstandine: Total (If there are no accounts, enter "NONE" above) AND I MAKE THIS SOLEMN DECLARA nON 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 A.D. 20 ) ) day of ) ) ) ) A Commissioner, etc. or Notary Public F:\wp\Contracts\Fonns\Payment of Accounts.doc I I I I I I I I I I I I I I I I I I I STATUTORY DECLARATION RE LIENS & LIABILITIES DOMINION OF CANADA (IN THE MATTER of a contract, known as Contract (entered into between ( ( AND ( (dated (for the construction of ( (in the owner the Contractor 20 Ontario. TO WIT: I, Province of of in the 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. 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 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 DECLARA nON 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\F orms\L iens.doc l- I I I I I I I I I I I I I I I I I I +' 0 ~ 0 ::L ~ " LS \. OG ~ , . , c ,.. b 0 +:i O~ :J :::> 0 0 0 :;: +:i c L UIW XDW Q) WWOS ~ wwosz :2 ~.o ~ Q) 00 Q) "tl ~ a. ~- Q) L- 0 Or/) .C 0 ._ c ~ ~Q)O ~ E al+'.- ..0 L- Q)+' Q) Q)L-O t)Q) ~ _0Q) L-a. ..0 c +' a. Q)- ~~ ooe L-..o (.) 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(l)e ... ...... c ~ ~ c~.2 .....0...... (1)(1) .B~~ ~ ~ (I) 5 N .~ 1) U; r/) .2-e -e E ~ :coc-... o ~oo<o z< al ~ o 0:: m I.&J -J ~ . ...... o cO .-0 ... -eN 01 ~o U'l Q)Q. ..00 I I I I I I I I I I I I I I I I I I I Rigid duct coupling where applicable r+A I Styrofoam bedding l> o 0 0 0 '----r I I I I - --- ----------- -~ I I I I .J___-'- o 0 0 ,---,.. I I I I I--~ I I I I .J___-'- 00 0 0 0.0 0 0 00 o 0 0 0 0 Rigid duct direct buried (Note 2) "/> Concrete structure (Note 1 ) /> . /> PLAN ------------------------- = l: J l: ~100~ 50 ~ DETAIL A WOBBLE JOINT -175 SECTION A-A 12mm thick x 250 mm long neoprene sleeve c/w 4 stainless steel band straps Rigid duct NOTES: 1 Concrete structures include bridge structure, concrete footing, electrical chamber, concrete duct bank, etc. 2 For number, sizes and orientation of ducts refer to contract drawings. A All dimensions are in millimetres unless otherwise shown. ONTARIO PROVINCIAL STANDARD DRAWING UNDERGROUND RIGID DUCT CONNECTION AT CONCRETE STRUCTURE Date Date OPSD - 2102.01 t ~ N Q. "- o .52 -l ~;J5a - 'E ... z t) :;:) ::J 0 "0 a::: '0 C) ~ ~ ~ II -l I I I ---, . I I ... c ~ E ~ > o a. "0 ~ .s::. III '2 ;;:: eX ,_ 0 EE EE EE 00 OU'l O..r I I - o a. o I- ~ ~ "0 o E C\ c - G) III III o ... U I I ,." ... III "0 .t:Jc: EO o .s::.-- u 0 -Ill 0'" uO 'C Z ... u . III a. - >. WI- I I I X cO... ,- E III E .t:J EEEIIl EE~o oguo. U'l..r...... "....00 I I I ... c: C Gl 'E '0 "0 a. E E"O C\ E ,- oE "0 U'l... ~..r0 o '2 li: I I G) a. g ~ ~ X co... ,- E Gl E .t:J EEEGl EE~o og u a. U'l..r...... "....00 c: 'E I I .., I ___.J I ,-', \.......' t 010 G) +::cu :.: +II 5~ IN ... Gl"O .t:Jc Eo o .s::..... ~g:~ o...~ .g ~ 3If t) . ~ Glo. ->. W I- a::: ~ a::: ~IO aQ) O+' ~~ 2 :J: (J Z 1.&.1 ~ Z 1.&.1 0.. o x CO... ,- E III E .t:J E E E III EE~o oguo. U'l..r...... "....ooL_ X CO... .- E I) E .t:J EEEGl EE~o oguo. 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I- U ::) C -I ~ (J Z ~ 0:: a. o ~ o I I I I I I I I I I I I I I I I I I I 450mm min Utility depth CROSSING OVER UTILITY Finished grade Typ ~ Slope to avoid low point where elevations permit CROSSING UNDER UTILITY NOTES: A The required clearance 'x' between the utility and the ducts or concrete encasement is: UTIUlY 'x' mm min Ducts, Direct Buried or 100 Encased All other pipes 300 High Voltage cables 300 All other cables 300 450mm min Utility depth CROSSING OVER CONCRETE ENCASED UTILITY CROSSING UNDER CONCRETE ENCASED UTILITY B Trench widths shall be kept to the minimum required for working space. Manual excavation and backfill methods shall be used, with the utility supported in place where required, where crossing under a utility is necessary. C All dimensions are in millimetres or metres unless otherwise shown. Date 1992 12 15 Rev ONTARIO PROVINCIAL STANDARD DRAWING DUCT INSTALLATION AT UTiliTY CROSSINGS Date OPSD 2103.05 I I I I I I I I I I I I I I I I I I I 1/12 AWG stranded copper ground wire to luminaire{s) Note 1 Compression connectors, copper .to copper with insulating covers Ground stud {Line Low voltage Neutral cables 1/6 AWG bare stranded copper ground wire Cable to cable ground connection I I I I I I I ILJ I I I __.J I L________} --------- Tap r----- I I I I I I I I I I --r-, 1/12 AWG low voltage riser wires Note 1 Fuse holder kit with 600V. 10A KTK fuse Pole Handhole run where required Cable to ground electrode connection 1F---- Ground electrode located U as indicated on lighting layout drawings NOTE: 1 Broken lines indicate additional conductors for double luminaire installation. ONTARIO PROVINCIAL STANDARD DRAWING POLE WIRING DIAGRAM 12rN SYSTEM Date opse - 2255.010 I I I I I I I I I I I I I I I I I I I - '0' ring expansion joint coupling / Cavity former Detail A 50 Rigid duct coupling Fibre tubing must be snug fit and to suit skew of structure. Not required for 90. angle. 195mm for 50mm duct 300mm for 75mm duct f---x=:T Y, Note 1 r"N~71 Solvent cement welded l7!-'2 Solvent cement welded Approach r+8 ~BI 'J' eJepo No.te 7 "S/o" . De~k JOi"t 6mm thick neoprene sleeve 250mm long to suit rigid duct. PLAN FITTING ASSEM8L Y 15mm offset r+8 r towards outside of bridge structure I IB, LO L r "" r l "" u L L I I t 1+8 1+8 LO 1 - N 1 Duct 2 Duct SECTION A-A LO N L .- o LOL Nr u L t Duct ~ 2 - Duct SECTION B-B Number and Size A B C of Duct r .., ':; Q) 1 - 50mm 120mm 90mm 70mm 1Il- Ol 0 o c: LO .., 0 1 - 75mm 150mm 120mm 100mm ~ l .c ~ .., CP 2 - 50mm 215mm 90mm 70mm Ol~ ~ III 1 - 50mm ..J 245mm 120mm 100mm TOP VIEW 1 - 75mm DETAIL A - CAVITY FORMER D 70mm 70mm NOTES: 1 Refer to structural expansion joint drawings for 'J' dimensions. X='J' at installation temperature - Min 'J' + 25, mm min, Y=Max 'J' - Min 'J' + 50, mm min. A The cavity former sholl be made of 10 mm plywood. B All dimensions are in millimetres unless otherwise shown. ONTARIO PROVINCIAL STANDARD DRAWING EXPANSION AND DEFLECTION FITTING ASSEMBLY FOR 50mm AND 75mm RIGID DUCTS Dote 2 Date OPSD 2302.02 I I I I I I I I I I I I I I I I I I I APPENDIX 'A' ELECTRICAL SPECIFICATIONS I I I I I I Project No. 09089 St. Andrews Park (Tiverton) 2009.05.29 Section 16010 Electrical General Requirements Page 1 Part 1 1.1 1.2 I I I I I I I I I I I I I 1.3 1.4 General SUMMARY .1 Section Includes: .1 General requirements that are common to NMS sections found in Division 16 - Electrical. .1 REFERENCES Electrical Safety Authority (ESA) .1 OESC (2002), Ontario Electrical Safety Code, 23rd Edition. Canadian Standards Association (CSA International) .1 CSA C22.I-02, Canadian Electrical Code, Part 1 (19th Edition), Safety Standard for Electrical Installations. .2 CAN3-C235-83(R2000), Preferred Voltage Levels for AC Systems, 0 to 50,000 V. .2 .3 Electrical and Electronic Manufacturer's Association of Canada (EEMAC) .1 EEMAC 2Y -1-[ 1958], Light Gray Colour for Indoor Switch Gear. .1 .2 DESIGN REQUIREMENTS Operating voltages: to CAN3-C235. Control and distribution devices and equipment to operate satisfactorily at 60 Hz within normal operating limits established by above standard. .1 Equipment to operate in extreme operating conditions established in above standard without damage to equipment. Language operating requirements: provide identification nameplates and labels for control items in English. .3 SUBMITTALS .1 Shop drawings: .1 Submit 6 copies of shop drawings stamped by contractor to Engineer. .2 I f changes are required, notify Engineer of these changes before they are made. Quality Control: .] Provide CSA certified equipment and material. .2 Where CSA certified equipment and material is not available, submit such equipment and material to authority having jurisdiction for special approval before delivery to site. .3 Submit test results of installed electrical systems and instrumentation. .4 Permits and fees: in accordance with General Conditions of contract. .2 Project No. 09089 St. Andrews Park (Tiverton) 2009.05.29 Section 16010 Electrical General Requirements Page 2 I I I I I I I I I I I I I I I I I I I 1.5 1.6 Part 2 2.1 .1 .2 2.2 . I 2.3 .1 .5 Submit certificate of acceptance from authority havingjurisdiction upon completion of Work to Engineer. .1 QUALITY ASSURANCE Qualifications: electrical Work to be carried out by qualified, licensed electricians who hold valid Master Electrical Contractor license or apprentices in accordance with authorities havingj urisdiction as per the conditions of Provincial Act respecting manpower vocational training and qualification. . I Employees registered in provincial apprentices program: permitted, under direct supervision of qualified licensed electrician, to perform specific tasks. .2 Permitted activities: determined based on training level attained and demonstration of ability to perform specific duties. SYSTEM STARTUP .1 Instruct Engineer and operating personnel in operation, care and maintenance of systems, system equipment and components. Products WARNING SIGNS Warning Signs: in accordance with requirements of authority having jurisdiction. Decal signs, minimum size 175 x 250 mm. WIRING TERMINATIONS Ensure lugs, terminals, screws used for termination of wiring are suitable for either copper or aluminum conductors. EQUIPMENT IDENTIFICATION Identify electrical equipment with nameplates and labels as follows: .1 Nameplates: lamicoid 3mm thick plastic engraving sheet, matt white finish face, black core, lettering accurately aligned and engraved into core mechanically attached with self tapping screws. Sizes as follows: NAMEPLATE SIZES Size 1 10 x 50 mm Size 2 12x70mm Size 3 12 x 70 mm Size 4 20x90 mm SizeS 20x90mm Size 6 25 x 100 mm Size 7 25 x 100 mm .2 1 line 1 line 2 lines 1 line 2 lines 1 line 2 lines 3 mm high letters 5 mm high letters 3 mm high letters 8 mm high letters 5 mm high letters 12 mm high letters 6 mm high letters .2 Labels: embossed plastic labels with 6 mm high letters unless specified otherwise. .3 Allow for minimum of twenty-five (25) letters per nameplate and label. I I I I I I Project No. 09089 St. Andrews Park (Tiverton) 2009.05.29 Section 16010 Electrical General Requirements Page 3 .4 .5 .6 .7 2.4 .1 .2 .3 .4 2.5 .1 I I I I I I I I I I I I I Part 3 3.1 . I .2 3.2 .1 3.3 .1 Nameplates for terminal cabinets and junction boxes to indicate system and/or voltage characteristics. Disconnects, starters and contactors: indicate equipment being controlled and voltage. Terminal cabinets and pull boxes: indicate system and voltage. Transformers: indicate capacity, primary and secondary voltages. WIRING IDENTIFICATION Identify wiring with permanent indelible identifying markings. numbered coloured plastic tapes, on both ends of phase conductors of feeders and branch circuit wiring. Maintain phase sequence and colour coding throughout. Colour coding: to CSA C22.1. Use colour coded wires in communication cables, matched throughout system. FINISHES Shop finish metal enclosure surfaces by application of rust resistant primer inside and outside, and at least two coats of finish enamel. Execution INSTALLATION Do complete installation in accordance with CSA C22.1 except where specified otherwise. Do overhead and underground systems in accordance with CSA C22.3 No.1 except where specified otherwise. NAMEPLATES AND LABELS Ensure manufacturer's nameplates, CSA labels and identification nameplates are visible and legible after equipment is installed. FIELD QUALITY CONTROL Conduct following tests in accordance: .1 Power distribution system including phasing, voltage, grounding and load balancing. .2 Circuits originating from branch distribution panels. .3 Lighting and its control. .4 Insulation resistance testing: .1 Megger circuits, feeders and equipment up to 350 V with a 500 V instrument. .2 Check resistance to ground before energizing. .2 Provide instruments, meters. equipment and personnel required to conduct tests during and at conclusion of project. Project No. 09089 St. Andrews Park (Tiverton) 2009.05.29 END OF SECTION Section 16010 Electrical General Requirements Page 4 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I Project No. 09089 St. Andrews Park (Tiverton) 2009.05.29 Section 16051 Installation of Cables in Trenches and In Ducts Page 1 Part 1 1.1 .1 1.2 .1 .2 .3 .4 .5 Part 2 2.1 .1 Part 3 3.1 3.2 General RELATED SECTIONS Section 16010 - Electrical General Requirements. REFERENCES Ontario Electrical Safety Code (OESC) Insulated Cable Engineers Association, Inc. (ICEA) OPSS603. Construction Specification for Installation of Ducts OPSS604, Construction Specification for Installation of Cables OPSS609, Construction Specification for Grounding. Products MARKERS Marker tape shall be polyethylene or copolymer material, colour red, with repeating black lettering "Caution - Buried Electrical Line" or similar message. Width of tape to cover width of trench. Execution DIRECT BURIAL OF CABLES .1 After 6" sand bed is in place, lay cables maintaining 75 mm clearance from each side of trench to nearest cable. Do not pul1 cable into trench. Underground cable splices not acceptable. Minimum permitted radius at cable bends for rubber, plastic or lead covered cables, 8 times diameter of cable; for metallic armoured cables, 12 times diameter of cables or in accordance with manufacturer's instructions. .2 .3 CABLE INSTALLATION IN DUCTS .1 Install cables as indicated in ducts. .1 Do not pul1 spliced cables inside ducts. Instal1 multiple cables in duct simultaneously. Use CSA approved lubricants of type compatible with cable jacket to reduce pulling tension. .2 .3 .4 To facilitate matching of colour coded multiconductor control cables reel off in same direction during installation. Project No. 09089 St. Andrews Park (Tiverton) 2009.05.29 .6 3.3 .1 .2 3.4 .1 .2 .3 .4 Section 16051 Installation of Cables in Trenches and In Ducts Page 2 .5 Before pulling cable into ducts and until cables are properly terminated, seal ends of lead covered cables with wiping solder; seal ends of non-leaded cables with moisture seal tape. After installation of cables, seal duct ends with duct sealing compound. MARKERS Mark cable along entire length of run. Install in accordance with OPS detail OPSD- 2100.05 with marker tape equal to width of trench. Lay tape markers flat and centred over cable with top 300mm below finish grade. FIELD QUALITY CONTROL Perform tests in accordance with Section 160 I 0 - General Electrical Requirements. Perform tests using qualified personnel. Provide necessary instruments and equipment. Check phase rotation and identify each phase conductor of each feeder. Check each feeder for continuity, short circuits and grounds. Ensure resistance to ground of circuits is not less than 50 megohms. END OF SECTION I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I Project No. 09089 St. Andrews Park (Tiverton) 2009.05.29 Section 16052 Direct Buried and Concrete Encased Duct Banks and Manholes Page 1 Part 1 1.1 1.2 Part 2 2.1 .1 2.2 .1 .2 .3 Part 3 3.1 .1 .2 .3 .4 .5 .6 .7 3.2 .1 General .1 RELATED SECTIONS Section 16062 - Grounding - Secondary. REFERENCES .1 Ontario Provincial Standard Specification . I OPSS5 14 - Trenching, Backfilling and Compacting. .2 OPSS603 - Construction Specification for Installation of Ducts. Products PVC DUCTS PVC ducts, type DB2. PVC DUCT FITTINGS Rigid PVC opaque solvent welded type couplings, bell end fittings, plugs, caps, adaptors as required to make complete installation. Expansion joints. Rigid PVC 5 degree angle couplings. Execution INSTALLATION GENERAL Install ducts in trenches in accordance with OPS detail OPSD-2 I 0 1.0 I Sand bedding shall be according to OPSS 1004. Unshrinkable backfill shall be according to OPSS 1359. Build duct bank on undisturbed soil or on well compacted granular fill not less than 150mm thick, compacted to 95% of maximum proctor dry density. Prior to laying ducts, construct "mud slab" not less than 75mm thick. Install ducts at elevations and with slope to OPSS603 and OESC. Use conduit to duct adapters when connecting to conduits. INSPECTIONS Inspection of duct will be carried out by Consultant prior to placing. END OF SECTION Project No. 09089 St Andrews Park (Tiverton) 2009.05.29 Section 16062 Grounding - Secondary Page 1 I I I I Part 1 1.1 1.2 Part 2 2.1 .1 .2 .3 Part 3 3.1 .1 .2 .3 .4 .5 .6 .7 General RELATED SECTIONS .1 Section 16010 - General Electrical Requirements I I I I I I REFERENCES .1 American National Standards Institute (ANSI)/Institute of Electrical and Electronics Engineers (IEEE) .1 ANSI/IEEE 837-1989(R 1996), Qualifying Permanent Connections Used in Substation Grounding. Canadian Standards Association, (CSA International) Ontario Provincial Standard Specification OPSS609, Construction Specification for Installation of Grounding .2 .3 Products EQUIPMENT Rod electrodes: copper 19 mm dia by 3 m long. Grounding conductors: bare stranded copper, tinned, soft annealed, size #6. Insulated grounding conductors: green, type #6 copper. I I I I I I I I I Execution INSTALLATION GENERAL .8 .9 Install complete permanent, continuous grounding system including, electrodes, conductors, connectors, accessories. Where EMT is used, run ground wire in conduit. Install connectors in accordance with manufacturer's instructions. Protect exposed grounding conductors from mechanical injury. Make buried connections, and connections to electrodes, using copper welding by thermit process. Use mechanical connectors for grounding connections to equipment provided with lugs. Soldered joints not permitted. Install bonding wire for flexible conduit, connected at both ends to grounding bushing, solderless lug, clamp or cup washer and screw. Neatly cleat bonding wire to exterior of flexible conduit. Install separate ground conductor to outdoor lighting standards. Make grounding connections in radial configuration only, with connections terminating at single grounding point. A void loop connections. I I I I I I I I I I I I I I I I I I I Project No. 09089 St Andrews Park (Tiverton) 2009.05.29 Section 16062 Grounding - Secondary Page 2 .10 3.2 .1 .2 .3 .4 3.3 .1 3.4 .1 Ground secondary service pedestals. ELECTRODES Install rod electrodes and make grounding connections. Bond separate, multiple electrodes together. Use size #6 A WG copper conductors for connections to electrodes. Make special provision for installing electrodes that will give acceptable resistance to ground value where rock or sand terrain prevails. Ground as indicated. SYSTEM AND CIRCUIT GROUNDING Install system and circuit grounding connections to neutral of secondary 120/240V system. EQUIPMENT GROUNDING Install grounding connections to typical equipment included in. but not necessarily limited to following list. Service equipment, distribution panels, outdoor lighting. END OF SECTION Project No. 09089 St. Andrews Park (Tiverton) 2009.05.29 Section 16122 Wires and Cables (0-1000V) Page 1 I I I I I I I I I I I I I I I I I I I Part 1 1.1 Part 2 2.1 Part 3 3.1 General .1 .2 REFERENCES CSA C22.2 No .0.3-96, Test Methods for Electrical Wires and Cables. Ontario Provincial Standard Specification OPSS604, Construction Specification for Installations of Cables. Products .1 BUILDING WIRES Conductors: stranded for 10 A WG and larger. Minimum size: 10 A WG. Shall be according to CAN/CSA C22.2 No. 239. Copper conductors: size as indicated, with 600 V insulation of chemically cross-linked thermosetting polyethylene material rated R WU90. .2 Execution .1 INSTALLATION OF BUILDING WIRES Install wiring as follows: .1 In underground ducts in accordance with Section 16051 - Installation of Cables in Trenches and In Ducts. END OF SECTION I I I I I I I I I I I I I I I I I I I Project No. 09089 St. Andrews Park (Tiverton) 2009.05.29 Section 16133 Conduits, Conduit Fastenings, and Conduit Fittings Page 1 Part 1 1.1 .1 Part 2 2.1 .1 .2 2.2 .1 .2 .3 2.3 .1 Part 3 3.1 . ] .2 .3 .4 3.2 .1 .2 .3 .4 General REFERENCES Canadian Standards Association (CSA) .1 CSA C22.2 No. 211.2-M 1984(R 1999), Rigid PYC (Unplasticized) Conduit. .2 Ontario Provincial Standard Specification OPSS603, Construction Specification for Installation of Ducts. Products CONDUITS Rigid pvc conduit: to CSA C22.2 No. 211.2. Flexible pvc conduit: to CAN/CSA-C22.2 No. 227.3. EXPANSION FITTINGS FOR RIGID CONDUIT Weatherproof expansion fittings with internal bonding assembly suitable for 100 mm linear expansion. Watertight expansion fittings with integral bondingjumper suitable for linear expansion and 19 mm deflection in all directions. Weatherproof expansion fittings for linear expansion at entry to panel. FISH CORD Polypropylene. Execution INST ALLA TION Use rigid pvc conduit underground. Field threads on rigid conduit must be of sufficient length to draw conduits up tight. Install fish cord in empty conduits. Dry conduits out before installing wire. CONDUITS IN CAST-IN-PLACE CONCRETE Locate to suit reinforcing steel. Install in centre one third of slab. Protect conduits from damage where they stub out of concrete. Install sleeves where conduits pass through slab or wall. Provide oversized sleeve for conduits passing through waterproof membrane, before membrane is installed. Use cold mastic between sleeve and conduit. Project No. 09089 St. Andrews Park (Tiverton) 2009.05.29 .5 .6 .7 3.3 .1 .2 Section 16133 Conduits, Conduit Fastenings, and Conduit Fittings Page 2 Do not place conduits is slabs in which slab thickness is less than 4 times conduit diameter. Encase conduits completely in concrete with minimum 25 mm concrete cover. Organize conduits in slab to minimize cross-overs. CONDUITS UNDERGROUND Slope conduits to provide drainage. Waterproof joints (pvc excepted) with heavy coat of bituminous paint. END OF SECTION I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I Project No. 09089 St. Andrews Park (Tiverton) 2009.05.29 Section 16153 Connectors and Terminations Page 1 Part 1 General .1 SECTION INCLUDES Materials and installation for connectors and terminations. 1.1 .1 REFERENCES Canadian Standards Association (CSA International) .1 CSA C22.2 No.41-M 1987(R 1999), Grounding and Bonding Equipment. 1.2 Part 2 Products .1 CONNECTORS AND TERMINATIONS Copper compression connectors to OESC as required sized for conductors. 2.1 Part 3 Execution .1 INST ALLA TION Bond and ground as required to OESC. 3.1 END OF SECTION Project No. 09089 St. Andrews Park (Tiverton) 2009.05.29 Part 1 1.1 .1 1.2 .1 ., .~ .3 Part 2 2.1 .1 Part 3 3.1 .1 .2 .3 .4 .5 .6 .7 Section 16421 Utility Service Entrance Page 1 General SECTION INCLUDES Service equipment and installation. RELA TED SECTIONS Section 16062 - Grounding Secondary Section 16470 - Panelboards. Ontario Provincial Specification Standard .1 OPSS603 - Construction Specification for Installation of Ducts .2 OPSS604 - Construction Specification for Installation of Cables .3 OPSS609 - Construction Specification for Grounding .4 OPSS 614 - Construction Specification for Installation of Power Supply Equipment. .5 OPSS 616 - Construction Specification for lnstallation of Footings and Pads for Electrical Equipment Products EQUIPMENT Panel board breaker type: in accordance with Section 16470 - Panelboards. Execution INSTALLATION Install service equipment. Secure service enclosure to concrete footing in accordance with OPSS 616. Connect to incoming service. Connect to outgoing load circuits. Make grounding connections in accordance with Section 16062 - Grounding Secondary and OPSS609. Make provision for power supply authority's metering. Concrete pads shall be according to OPSS 616 and as specified in the Contract Documents. END OF SECTION I I I I I I I I I I I I I I I I I I I I I I I I I Project No. 09089 St. Andrews Park (Tiverton) 2009.05.29 Part 1 1.1 1.2 I I I I I I I I I I I I I 1.3 Part 2 2.1 .2 .3 .4 .5 .6 .7 .8 .9 2.2 .1 .2 Section 16470 Panel boards Page 1 General SECTION INCLUDES .1 Materials and installation for standard and custom breaker type panelboards. .1 REFERENCES Canadian Standards Association (CSA International) .1 CSA C22.2No.29-[M I 989(R2000)], Panelboards and enclosed Panelboards. SHOP DRAWINGS .1 Submit shop drawings in accordance with Section 160 I 0 - General Electrical Requirements. Drawings to include electrical detail of panel, branch breaker type, quantity, ampacity and enclosure dimension. .2 Products .1 PANELBOARDS Panelboards: to CSA C22.2No.29 and product of one manufacturer. .1 Install circuit breakers in panel boards before shipment. .2 In addition to CSA requirements manufacturer's nameplate must show fault current that panel including breakers has been built to withstand. 250 V panelboards: bus and breakers rated for JOOOO A (symmetrical) interrupting capacity or as indicated. Sequence phase bussing with odd numbered breakers on left and even on right, with each breaker identified by permanent number identification as to circuit number and phase. Panelboards: mains, number of circuits, and number and size of branch circuit breakers as indicated. Two keys for each panelboard and key panelboards alike. Aluminum bus with neutral of same ampere rating as mains. Mains: suitable for plug-in breakers. Trim with concealed front bolts and hinges. Trim and door finish: baked grey enamel. BREAKERS Breakers with thermal and magnetic tripping in panelboards except as indicated otherwise. Main breaker: separately mounted on top or bottom of panel to suit cable entry. When mounted vertically, down position should open breaker. Project No. 09089 St. Andrews Park (Tiverton) 2009.05.29 Section 16470 Panelboards Page 2 I I I I I 2.3 Part 3 3.1 .1 EQUIPMENT IDENTIFICATION Provide equipment identification in accordance with Section 16010 - General Electrical Requirements. Nameplate for each panel board size 4 engraved. Complete circuit directory with typewritten legend showing location and load of each circuit. " .~ .3 Execution I I I I I I I I I I I I I I INSTALLATION .1 Locate panelboards as indicated and mount securely, plumb, true and square, to adjoining surfaces. Install surface mounted panel boards on plywood. Connect loads to circuits. Connect neutral conductors to common neutral bus with respective neutral identified. .2 .3 .4 END OF SECTION I I I I I I I I I I I I I I I I I I I APPENDIX 'B' SITE FURNISHINGS I I I I I I I I I I I I I I I I I I I . Specification 22"1,6 559mm1,6 640. Cure-Boivin Boisbriand (Quebec) Canada. J7G 2A7 E : E 0<0 v~ o E · E I"'lv No;) L{) -",&It._", [(iil) ~ Q 1 Luminaire A T40-100MH-SHA3M-ACDR-120-CPTC-PH8-BKTX Description of Components: Finial: Decorative cast 356 aluminum, mechanically assembled. Cupola: (CPTC), Decorative spun copper cupola protected by a clear coat finish, mechanically mounted on hood. Hood: Spun aluminum 1100-0 dome, mechanically assembled on the luminalre with a cast aluminum 356 decorative crown. Guard: In a round shape with 4 arms, this guard is a one-piece cast aluminum 356 welded to the fitter. Globe: (ACDR), Made of one-piece seamless injected-molded impact-resistant (DR) acrylic having an inner prismatic surface. The globe is permanently sealed onto the access-mechanism. Lamp: (not included), 100 Watt Pulse Start Metal Halide (ANSI Code M90 or M140), ED 17 bulb, medium base. Optical System: (SHA3M-ACDR), I.E.S. type III hyper-extensive (asymmetrical). Smartseal system. composed of brightened anodized aluminum hydroformed reflector, permanently assembled on a refractor globe. Weathertightness IP66 rating. Ballast: High power factor of 90%. Primary voltage 120 volts. Pulse Start Type. Lamp starting capacity -200F(-30oC) degrees. Assembled on a unitized removable tray with quick disconnect plug. Access-Mechanlsm: A die cast A360 aluminum technical ring with latch and hinge. The mechanism shall offer toolfree access to the inside of the luminaire. An embedded memory-retentive gasket shall ensure weatherproofing. Fitter: Cast aluminum 356 cJw 4 set screws 3/8-16 UNC. Fits on a 4"(102mm) outside diameter by 4"(102mm) long tenon. Lumlnalre Options: (PH8). Photoelectric Cell, Twistlock Type cJw receptacle. Tiverton B SPEC20090316_114910_10361_1 03-16-2009 Page 1 f 4 Li.Hne( l~. ~ Phii:r,:,; f.!';)t1p b"dfld PHiliPS . 640, Cur6-Boivin Boisbriand (Qu6bec) Canada, J7G 2A7 I.';~~ [\;I.J ~ I I I I I I I I I I I I I I I I I I I Specification Ba.. & Bolts Information Anchor Plate 6 1 8"" -~g1:12" (267mm) 156mm Free opening - Thickness: 3/4"(19mm) - NOTE: Bolt Circle Allowed: 8 3/4" to 11 1/8" 222mm to 283mm I 11".3 - 279mm Comes with 4 steel anchor bolts, 3/4 X 17" + 3", 8 nuts and 8 washers. Important: Do not obstruct space between anchor plate and concrete base. Qty 1 Pole SM6F-12-DR.VPA-BKTX Description of Components: Pole Shaft: Shall be made from a 4" (102mm) round high tensile carbon steel tubing, having a 0.125" (3.2mm) wall thickness, welded to the pole base. Joint Cover: Two-piece round joint cover made from cast 356 aluminum, mechanically fastened with stainless steel screws. Pole Base: Shall be made from a 6 5/8" (168mm) round high tensile carbon steel tubing base having a 0.180" (4.6mm) wall thickness, welded to both the bottom and top of the anchor plate. Maintenance Opening: The pole shall have a 4 1/2" x 10" (114mm x 254mm) maintenance opening centered 21" (533mm) from the bottom of the anchor plate, complete with a weatherproof embossed aluminum cover and a copper ground lug. Base Cover: Two piece round base cover made from cast 356 aluminum, mechanically fastened with stainless steel screws. Pole Options: (DR) Duplex receptacle, 120 volts, complete with a weatherproof aluminum cover. 15 amp. (VPA) Vandalproof screw(s), Allen-type vandal proof screw(s), with pin-in-socket tamper-resistant head. [QJ E lD 10 d- o o I N E . E N~ Tiverton B SPEC20090316_114910_10361_1 Lll1l~[,:(, i~, ;:I Ph;lip~ g(I:;Ut) br~nd I IS"' I 406mm 03-16-2009 Page 21 4 PHILIPS I I I I I I I I I I I I I I I I I I I . Specification 640, Cur6-Bolvin Bollbriand (Quebec) Canada, J7G 2A7 I Miscellaneous Description of Components: Wiring: Gauge (#14) TEWwires, 6" (152mm) minimum exceeding from luminaire. Hardware: All exposed screws will be in stainless steel. All seals and sealing devices are made ancllor lined with EPDM and/or silicone. Finish: Color to be black textured (BKTX). Application of a polyester powder coat paint. (4 mils/100 microns). The chemical composition provides a highly durable UV and salt spray resistant finish in accordance to the ASTM-B 117-73 standard and humidity proof in accordance to the ASTM-D2247 -68 standard. Tiverton B SPEC20090316_114910_10361_1 03-16-2009 Page 3 I 4 LtHlu:( i'!: ~.~ Pht)lp~ g'-OllO br;llld PHILIPS 640, Cur6-Bolllin Bolsbriand (Qu6bec) Canllda. J7G 2A7 Parametric Options Illustration (schematic pole shown, for actual pole representation please refer to previous pages) I I I . Specification I I I 'IZ [3.6Gm] I I I I DR: '10' [3.0Sm] 0'.0. [Om] I I I .a. 0.0 Access Door I I I I 03.16-200~ Page 4 I 4 I PHI LI PS I Is:! I ,1t>'() 11'1' I. II' Access Door 90 ii70' Tiverton B SPEC20090316_114910_10361_1 LUfnec i$ ct PhHips g:'"oup br";lnd I I I I I I I I I I I I I I I I I I I ':./'1~~' ..: .; '.:; .. , I C,-.... ',"'" t::~~, .; ~;.:".. ~ i [if -\. I r i ." -:. ;e ~~ 'I~:\.ll ~ I ~ ~ Ii :,:,1 i! I i Ii i ~ i !I i 'i I! U l: lJ-'1J-- T -lr - [r.--rr---- :r'-- ::---11--11- '-rr-- , U'- '.:.c,c~::-:: r...."CT'.'''. .....[" ~. .' ,~OS!"'::~:"'" U .... ';' ----=-=~:.._=_-=::.~ '=-~-_.:c...__ ._~-=-=-C--=~._~---~-~"=-=-~=~J / , , f ~:; - . ,,_.~ ,. :or: _.-'-':"-.-..:.:.- /' Pineapple, Pyramid, Ball ur Spear Posl Cap A ~ .~-- ,~I \ .,i; . (rlI.." '--~ .--- s 8 -- .-- - . ._-- ; ~ , , -----, -.l. --'io. 11'1 ~ , . - $~ ~,.j,.- ~~., i,Q !=' ~k.:.:.E ..:, 0" -I !. ..~.. &C ~...,t_ { --r ,--_.- ...... :;- ,:\';:6'MEi: (;ar.;:.t..'Grf:: H l~~ ., P:CA_ ~..:. '- :,~~ .0-, Sl"'~V".I;l r..:!,..~ .... .".'- ~;.r;, '.""'~ ~~~ ..' _.-' ; SQecifications POST, RAILS Cold Formed Steel Tubtng & PICKETS: Inlerior And Exlerior Galvalume Coaling Chroma Ie ConverSIon Coaling Eleclrostallcally Applied Thermally Bonded Polyester Powder Coaling MinImum Film ThIckness 2 5 Mils POSTS t' . 2" ( 51mm x S1mm ) 16 Gauge Slandard Post Spacmg 97-118" ( 2466mm ) OC POST CAP Pyramid, Ball or Spear RAilS: '"114" x l-lJ.l" l32mm x :;~mm ) 14 Gauge PICKETS' 5/8" x 5/8" ( 15mm l< 1 'imn' I 16 Gauge .-.-.-..........- ..--....-... '.=:..:::-:.'~ ":. ': _"':::;--:. -:.:.. -:-.=- ::-:::: ~:...::-~..-: :-=..'::- -. ..___......._ .1- _ __...;... , ~- ~ -::..:..":::: .:..--::'::'~' I ---...... - - -..- .'- ----- -... t . _.........__..__._____..,1I1l( ---..~. --6~!QTI1!~~ . :. ~::: .:'..:.:'_' _ _l_ _ -..- . , .::z..g==-=::::..=-::-:;- Royalty Collection Pnnce with ObI Top Rail / ,-; , , "@"--".,!' q~.- ... ',. !><; ; z-e. ~1..1~. "'1 I ' L ./ .. ""If:"-='~' ..- .\, WELDS Stainless Steel FITTINGS 15 Gau~e Slamp Forged Faclory FiniSh, As Above STANDARD PANFl WIDTH 91.1/2" (2374m) AVAILABLE PANEL HEIGHTS 48" ( 1219mm) 60" ( 1524mm) 72' ( 182&nm) NOTE COLOURS Tamper Prool Nul Availabh: For Brackets Slandard - High Gloss Black Optional Colours. Brown. Foresl Green & Man Black 1,..",0.. a."'of<t... ,.........\ ,.....I..."J'...~I.....!~ )... 11i""- ..", I\'~ .:..' "M"'~ Custom Colours Available Upon ReQuesl. "iJo,.)tII;WoI :K"'lf 1:AAwu.G ,__. 'l..~__.'''' .........,. ~'I...-..c-_.-.n.o.''''__-=-.J.''-J .PA<.l1f;;i' ,ihf I~C.UO""'" .Ul" ......I...AJI. . SCAlf N15 !uf~" JIIfItI'" uo .o...~_~o_'_ou PD. Custom ! ,kat' 7~W1c - ,/111(", '.,p 4a -" RC-04a I 1- A ftu.rt -- :~ '.- hI!> lOOY lKM w t- ~ o :Z c..i LJ ~ ~ It: UJ ~ ~ ~ -I ILl ~~~ 1Il<_ 1Lll:l't- ~lL.U ::IEl~ C!l=~ 1Il...J~ We n..~u .. III ....t- '4 (')-1 Xc,., ~z L.J F=l e ~ ~ ~ '" ID ,. '" w l!l a Q.. 61 i <[ u I; ~ ~ ~ .J::~ W ~ ..~! e: < iii III 1 CI) iSII ~::~ Z ~. ~ ~I,:~ I~ ~ ~ f-' II z W' ~ ~ Z ~ im ..... ~ ~ ~I a olS ~ 21 ~ i ~ Cl! i ~~ ~ ~ ~ ~ z> ~u ~ \.D IU ~ u ~ i ll: ... ! o,l) I Ml I lXl e ~ U 4 -I lXl .. o Z ll: ~~ ()~ '00 ~ ~ 52 i5S! i=w 4::1 >=- !:! ~ !:;.. l!::; i. t-~ U t- ~~ ILl 4: ::Ill.. <:[ e; (.J a . ~ "- .... I- !i f:l f:l~ ~ r:R iJ z ~~ ~ i; ..Jill: '" ~ <10.1 '" 10.1 l:lZ '" III l!iIf ~ c i!i I- c~ < 1-< I- ~ ",z '" Z 1-1- L..I 10.1 zlo.I III ~ ~~ C i: lL..J I- C ~~ iii! U Uz < Z ..JI- > l!l ~:; ~ 8 Wf:l Z > ..J!;;:! ..J ::l ;;i2 ;;i < ... I I fi I~ i ~ 0\ - I I I I I I I I I I I I I I I I I I I I ~ I ~ <( 0 I z cj w I I ~ 1= <( It: ILl I !:i <( I "> ~ I I I I I I I I I I I I I I !1i u ....lz 6.... N:E 6u ~ N~ U ~, S ~u pq X 1= ~~ · i & 0 f;I::I II::~ l1:: 1~1 < 1.( l!aI ~::~ z ~. 8 ~ ~I~I h ~ <t Z 081 > ~ so I- ~ ~ ~i a olS ~ 'I ~; ~ ~ I j~ ~ ~ ~ CD z> ~ U o I~ 6 z ~ i~ i ~ u >- I- ....- 1-1- Zz <.... :;:)< CIa... It: ~~ 1-.... <1:1- ...JU l&..&! ...JI- ~~ 1-0 IIlU ...... (.17 lJi: < ~ zool- 0,0 :> ('1)>- 'v.l ..... UWu.::;: ....l' III o III (.17 ~::I:Fl~ Q..:;:)Uo ~1Jll%l !!1-'lJi: - COo 1-e.'::I: ~.. .....u c~c.bz s:..........<C a I . knecht & berchtold inc. IlPe GT-3 Games Table and Stools I 183 rutherford rd. south brampton, onto L6W 3J7 phone: (905) 457-4911 fax: (905) 457-2100 I website: www.aJphaprecasts.com e-mail: info@aJphaprecasts.com ~. - - 1"x1" chamfer prcJind top edge B III ....':.-~ :$':.$!- -.-- . - 1'-4" ITIJ i. ITIJ3l ! 1'-4" ! [406mm] I I B rable and Seating Plan t. The table is also available with a center I pillar for an inground permanent installatio (pillar is 36" below grade). The table is available with a center supportl post for above ground installation. I I Below Grade E 2'-8" ~ ~ [813mm] 1" =- [25mm] The table top comes with either a chess/checkerboard pattern or a backgammon insert. .E ~E - ..... "'1/) ~ Although our standard for the table top is al waterproof smooth terrazzo finish and and exposed finish for the support column and stool bases, the concrete may be ordered i a wide variety of aggregates and finishes. Stool seat boards are made with Western Red Cedar, have a 3/8"0 routered top edge and treated with a wood preservative. E . E (ON I/) .... E- o E l")~ ~ Aggregates are a natural product, variation in colour and size of stone may occur. Elevation All brackets and mounting hardware is galvanized. Western Red Cedar is a natural product. variations in colour may occur. I I I I I I I I I I I I I I I I I I I Page 1 of 1 ,(/0# {jlllifer;: rt} (ItUTIY IN ". / ,~ ~ itil/nJ€7L7I!.- 1;' jjG/~rrI J,'il< t>,4~ 10 ~ 'G'r 01) JJ /" (',yJ1/;.lJ r SL/f(j dtJeJ~? L B~ . 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