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HomeMy WebLinkAbout12 090 Park Street Pedestrian Bridge (VanDriel Excavating Inc.) Tender Acceptance By-law THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE KBT , � �' ... OF KINCP� \� O BY -LAW NO. 2012 - 090 BEING A BY -LAW TO ACCEPT A TENDER FOR PARK STREET PEDESTRIAN BRIDGE (VanDriel Excavating Inc.) WHEREAS Sections 11 (1) and (3) of the Municipal Act, 2001, S.O. 2001, c. 25 as amended gives broad authority to lower -tier municipalities to provide any service or thing that the municipality considers necessary or desirable for the public and respecting matters within the sphere of jurisdiction of culture, parks, recreation and heritage; • AND WHEREAS pursuant to the said Municipal Act, Section 8 (1) and 9 provide that the powers of a municipality under this or any other Act shall be interpreted broadly so as to confer broad authority on the municipality to enable the municipality to govern its affairs as it considers appropriate and to enhance the municipality's ability to respond to municipal issues and has the capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority under this or any other Act; AND WHEREAS it has been determined that there is a need to complete the construction of the Park Street Bridge within the Municipality of Kincardine as outlined in PWD 2012 -07; NOW THEREFORE the Council of The Corporation of the Municipality of Kincardine ENACTS as follows: 1. That the tender of VanDriel Excavating Inc. for the construction of the Park Street Bridge, in the amount of $172,899.55, including applicable taxes, be hereby accepted. • 2. That the Mayor and Chief Administrative Officer be hereby authorized and directed to execute, on behalf of the Council of The Corporation of the Municipality of Kincardine, any contracts and other documents required to authorize such work to commence. 3. This by -law shall come into full force and effect upon its final passage. 4. This by -law may be cited as the "Park Street Pedestrian Bridge (VanDriel Excavating Inc.) Tender Acceptance By -law ". READ a, and ECO • TIME this 11 day of July, 2012. JIM - . 1 ayor Clerk READ a THIRD TIME and FINALLY PASSED this 1 1 th day of July, 2012. • Mayor Clerk BMROSS engineering better communities B. M. ROSS AND ASSOCIATES LIMITED Engineers and Planners 62 North Street, Goderich, ON N7A 2T4 File No. BR906 p (519) 524 -2641 • f (519) 524 -4403 www.bmross.net July 25, 2012 Gagan Sandhu Municipality of Kincardine 1475 Concession 5, R. R. 5 Kincardine ON N2Z 2X6 RE: Park St. Pedestrian Bridge Enclosed are three copies of the above noted contract signed by VanDriel Excavating Inc., along with the Performance Bond, Labour and Material Payment Bond, Certificate of Insurance and WSIB Certificate. Please have all three copies signed on Page A -4 and forward one copy to VanDriel Excavating, one back to us, and keep one copy for your files. You should also return any tender deposit cheques that were retained by the Municipality. Also enclosed is a copy of the construction drawings for your use. Thank you. Yours very truly B. M. ROSS AND ASSOCIATES LIMITED Per Sharon Anderson, B. Eng. & Mgmt. SEA:es Encl. Z:\BR906- Kincardine - Park_St- Bridge \WP\BR906- 12July25 TenderSigning - Municipality let.docx Agenda ;ouncil ❑ File No. r • Consent ❑ Cces.i.(.c1 L'en Direction Cooled Other: err e, . 4 e eel GAO ❑ ❑ 8 -At ,., Als Cktk ❑ ❑ ;a/ t -o 90 Twenty ❑ ❑ (+. rf61 tAn ■ Publie Works LM 0 S'o i a.44 a Plannleg) 0 0 c'o v e. ) . Rectealka 0 0 Emit **Owing 0 0 rkirdelerriatt 0 0 T+t 0 0 RECEIVED JUL 2 7 201 0 Berkley Insurance Company Berkley First Canadian Place vff Street West, Suite 2610 Toronto, ON M5X 1C8 CANADA 10 0 King S Bond Number: BCP5352 Berkley Insurance Company RE: Notice under Part XIII of the Insurance Companies Act (Canada) For purposes of the Insurance Companies Act (Canada), this document was issued in the course of Berkley Insurance Company's insurance business in Canada. stevenson hunt Wellington Square 400 — 250 York Street London, Ontario N6A 6K2 Tel. (519) 646 -5800 Fax. (519) 646 -5812 CERTIFICATE OF INSURANCE This is to Confirm to: Municipality of Kincardine 1475 Concession 5, R.R. #5 Kincardine, ON N2Z 2X6 The Policies of Insurance as herein described have been issued by the Insurer to the Insured named below and are in force as indicated below Name of Insured VanDriel Excavating Inc., all Their Subtrades, Municipality of Kincardine and All Consultants Address of Insured 37594 Telephone Road, Clinton, ON NOM ILO Location to Which This Certificate of Insurance Applies Operations Usual to the Business of the Insured as that of a General Contractor. Re: Contract No. BR906 Park St. Pedestrian Bridge — Kincardine Trail Association Name of Insurer I Aviva Insurance Company of Canada Type of Coverage Policy No. Effective Date Expiry Date Limit Canadian Funds Builder's Risk Policy (Broad Form) SM3019 Aug. 27, 2012 Oct. 15, 2012 $229,909.00 Note: B.M. Ross & Associates Ltd are added as Additional Insured, as required by contract, as their interest may appear. The Insurance afforded is subject to the Terms, Conditions, and Exclusions of the Policy(s) above cited. This Certificate is issued as a matter of information only and confers no rights on the holder and imposes no liability on the Insurer. Stevenson and Hunt Insurance Brokers Limited wiz July 26, 2012 Michael Schepers, CAIB Dated at London, Ontario Authorized Representative of Insurer P: VothitomercialVMx,SMVMNE50- VaaEnchLedif WNnk Certificate- Perk Sr Pedestrian BMped.c EPA CERTIFICATE OF INSURANCE This certificate is issued as a matter of information only and confers no rights upon the certificate holder and imposes no liability on the insurer. This certificate does not amend, extend or alter the coverage afforded by the policies below. CERTIFICATE HOLDER - NAME AND MAILING ADDRESS INSURED'S FULL NAME AND MAILING ADDRESS Municipality of Kincardine Vandriel Excavating Inc. 1475 Concession 5, RR5 37594 Telephone Road, Clinton, ON NOM 1L0 DESCRIPTION OF OPERATIONS /LOCATIONS /AUTOMOBILES /SPECIAL ITEMS (but only with respect to the operations of the Named Insured) Excavation Contractor, septic tank installation, sales of aggregates and snow removal. Kincardine ON POSTAL CODE N2Z 2X6 Re: Contract No. BR906 Park St. Pedestrian Bridge - Kincardine Trail Association El COVERAGES This is to certify that the policies of insurance listed below have been issued to the insured named above for the policy period indicated notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate may be issued or may pertain. The insurance afforded by the policies described herein is subject to all terms, exclusions and conditions of such policies. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS LIMITS OF LIABILITY TYPE OF INSURANCE INSURANCE COMPANY EFFECTIVE DATE EXPIRY DATE (Canadian dollars unless indicated otherwise) AND POLICY NUMBER (yyyy- MM -dd) (yyyy-MM -dd) COVERAGE DED. AMOUNT OF INSURANCE COMMERCIAL GENERAL LIABILITY Aviva Insurance Company of 2011 -10 -31 2012 -10 -31 COMMERCIAL GENERAL LIABILITY $1,000 ❑ C anada BODILY INJURY AND PROPERTY DAMAGE CLAIMS MADE OCCURRENCE H AR81511777 LIABILITY - GENERAL AGGREGATE $5,000,000 0 PRODUCTS AND / OR COMPLETED OPERATIONS EACH OCCURRENCE $1,000,000 o EMPLOYER'S LIABILITY PRODUCTS AND COMPLETED OPERATIONS $1,000,000 0 CROSS LIABILITY AGGREGATE 0 TENANTS LEGAL LIABILITY PERSONAL AND ADVERTISING INJURY $1,000,000 LIABILITY ❑ NON -OWNED AUTOMOBILES ❑ HIRED AUTOMOBILES MEDICAL PAYMENTS $25,000 ❑ POLLUTION LIABILITY EXTENSION TENANTS LEGAL LIABILITY $1,000,000 NON OWNED AUTOMOBILE AUTOMOBILE LIABILITY BODILY INJURY AND ❑ DESCRIBED AUTOMOBILES PROPERTY DAMAGE ❑ ALL OWNED AUTOS COMBINED ❑ LEASED AUTOMOBILES" BODILY INJURY ❑ (PER PERSON) ❑ BODILY INJURY (PER ACCIDENT) ALL AUTOMOBILES LEASED IN EXCESS OF 30 DAYS WHERE THE INSURED IS REQUIRED PROPERTY DAMAGE TO PROVIDE INSURANCE EXCESS LIABILITY Aviva Insurance Company of 2011 - 10 - 31 2012 - 10 - 31 EACH OCCURRENCE $10,000 $4,000,000 ES UMBRELLA FORM Canada AGGREGATE $4,000,000 1:1 OTHER THAN UMBRELLA FORM HAR81511777 (specify) OTHER LIABILITY (SPECIFY) 0 0 0 0 g i CANCELLATION Should any of the above described policies be cancelled before the expiration date thereof, the issuing company will endeavour to mail 30 days written notice to the certificate holder, but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives. ® BROKER'S FULL NAME AND MAILING ADDRESS AD DITIONAL INSURED NAME AND MAILING ADDRESS Stevenson and Hunt Insurance Brokers Limited Municipality of Kincardine Wellington Square 400 -250 York Street B.M. Ross and Associates Limited London ON POSTAL N6A 6K2 CODE BROKER'S CLIENT ID: VANE50 POST CODE CERTIFICATE AUTHORIZATION SIG T RE OF AUTHORIZED PRINT NAME POSITION HELD DATE REP E ENTATI 1tE ( n I Christine Young Surety Client Service Broker July 19, 2012 co Y l EMAIL ADDRESS CONTACT NUMBER HOME CELL Stevenson and Hunt Insurance o rs Lim christine.young @sthunt.com BUSINESS (519) 963 - 3832 FAx (519) 646 - 5812 CSIO - CERTIFICATE OF INSURANCE - 0806E © 2006, Centre for Study of Insurance Operations. All rights reserved. 3TEVENSON & HUNT INSURANCE BROKERS LIMITED rfAiL CERTIFICATE OF INSURANCE This certificate is issued as a matter of information only and confers no rights upon the certificate holder and imposes no liability on the insurer. This certificate does not amend, extend or alter the coverage afforded by the policies below. di CERTIFICATE HOLDER - NAME AND MAILING ADDRESS EMI INSURED'S FULL NAME AND MAILING ADDRESS Municipality of Kincardine Vandriel Excavating Inc. 1475 Concession 5, RR5 37594 Telephone Road, Clinton, ON NOM 1L0 C DESCRIPTION OF OPERATIONS /LOCATIONS /AUTOMOBILES /SPECIAL ITEMS (but only with respect to the operations of the Named Insured) Excavation Contractor, septic tank installation, sales of aggregates and snow removal. Re: Contract No. BR906 Park St. Pedestrian Bridge - Kincardine Trail Association Kincardine ON LCODPOSTE AL N2Z 2X6 ® COVERAGES This is to certify that the policies of insurance listed below have been issued to the insured named above for the policy period indicated notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate may be issued or may pertain. The insurance afforded by the policies described herein is subject to all terms, exclusions and conditions of such policies. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS LIMITS OF LIABILITY TYPE OF INSURANCE INSURANCE COMPANY EFFECTIVE DATE EXPIRY DATE (Canadian dollars unless indicated otherwise) AND POLICY NUMBER (yyyy- MM -dd) (yyyy- MM-dd) COVERAGE DED. AMOUNT OF INSURANCE COMMERCIAL GENERAL LIABILITY Aviva Insurance Company of 2011 -10 -31 2012 -10 -31 COMMERCIAL GENERAL LIABILITY Canada BODILY INJURY AND PROPERTY DAMAGE ❑ CLAIMS MADE La OCCURRENCE Canada 11777 LIABILITY- GENERAL AGGREGATE ❑ PRODUCTS AND / OR COMPLETED OPERATIONS EACH OCCURRENCE ❑ EMPLOYER'S LIABILITY PRODUCTS AND COMPLETED OPERATIONS ❑ CROSS LIABILITY AGGREGATE ❑ TENANTS LEGAL LIABILITY PERSONAL AND ADVERTISING INJURY LIABILITY El NON -OWNED AUTOMOBILES El HIRED AUTOMOBILES MEDICAL PAYMENTS ❑ POLLUTION LIABILITY EXTENSION TENANTS LEGAL LIABILITY NON OWNED AUTOMOBILE $1,000,000 AUTOMOBILE LIABILITY Aviva Insurance Company of 2011 - 10 - 31 2012 - 10 - 31 BODILY INJURY AND ❑ DESCRIBED AUTOMOBILES Canada PROPERTY DAMAGE $1,000,000 El OWNED AUTOS 6741178247 COMBINED El LEASED AUTOMOBILES " BODILY INJURY O 21B Fleet Endorsement (PER PERSON) ❑ BODILY INJURY (PER ACCIDENT) "" ALL AUTOMOBILES LEASED IN EXCESS OF 30 DAYS WHERE THE INSURED IS REQUIRED PROPERTY DAMAGE TO PROVIDE INSURANCE EXCESS LIABILITY Aviva Insurance Company of 2011 - 10 - 31 2012 - 10 - 31 EACH OCCURRENCE $10,000 $4,000,000 Eri UMBRELLA FORM Canada AGGREGATE $4,000,000 ❑ OTHER THAN UMBRELLA FORM HAR81511777 (specify) _ OTHER LIABILITY (SPECIFY) 0 0 0 IC I CANCELLATION The Insurance afforded is subject to the Terms, Conditions, and Exclusions of the Policy(s) above cited. This Certificate is issued as a matter of information only and confers no rights on the holder and imposes no liability on the Insurer. ® BROKER'S FULL NAME AND MAILING ADDRESS II3 ADDITIONAL INSURED NAME AND MAILING ADDRESS Stevenson and Hunt Insurance Brokers Limited Wellington Square 400 -250 York Street London ON POSTAL N6A 6K2 CODE BROKER'S CLIENT ID: VANE50 CODE L IICERTIFICATE AUTHORIZATION SIG -- T RE OF AUTHORIZED PRINT NAME POSITION HELD DATE RE E ENTATIV � Christine Young Surety Client Service Broker July 19, 2012 k v� t_ l-Vt y�_ CO P EMAIL ADDRESS CONTACT NUMBER HOME CELL Stevenson and Hunt Insurance B . - - Lim christine.young @sthunt.com BUSINESS (519) 963 - 3832 FAX (519) 646 - 5812 CSIO - CERTIFICATE OF INSURANCE - 0806E © 2006, Centre for Study of Insurance Operations. All rights reserved. STEVENSON & HUNT INSURANCE BROKERS LIMITED (Insurer) Berkley Insurance Company 1 First Canadian Place 100 King Street West, Suite 2610 Toronto, ON M5X 1C8 CANADA Standard Construction Document PERFORMANCE BOND CCDC 221 - 2002 No. BCP5352 Bond Amount $191,977.34 VanDriel Excavating Inc. as Principal, hereinafter called the Principal, and BERKLEY INSURANCE COMPANY a corporation created and existing under the laws of DELAWARE and duly authorized to transact the business of Suretyship in CANADA as Surety, hereinafter called the Surety, are held and firmly bound unto Municipality of Kincardine as Obligee, hereinafter called the Obligee, in the amount of One Hundred and Ninety One Thousand Nine Hundred and Seventy Seven Dollars And Thirty Four Cents ($191,977.34) lawful money of Canada, for the payment of which sum the Principal and the Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally. WHEREAS, the Principal has entered into a written contract with the Obligee, dated 12th day of July, 2012 for Contract No. BR906 Park St. Pedestrian Bridge - Kincardine Trail Association hereinafter referred to as the Contract. The condition of this obligation is such that if the Principal shall promptly and faithfully perform the Contract then this obligation shall be null and void; otherwise it shall remain in full force and effect. Whenever the Principal shall be, and declared by the Obligee to be, in default under the Contract, the Obligee having performed the Obligee's obligations thereunder, the Surety shall promptly: 1) remedy the default, or 2) complete the Contract in accordance with its terms and conditions or; 3) obtain a bid or bids for submission to the Obligee for completing the Contract in accordance with its terms and conditions and upon determination by the Obligee and the Surety of the lowest responsible bidder, arrange for a contract between such bidder and the Obligee and make available as work progresses (even though there should be a default, or a succession of defaults, under the contract or contracts of completion, arranged under this paragraph) sufficient funds to pay to complete the Principal's obligations in accordance with the terms and conditions of the Contract and to pay those expenses incurred by the Obligee as a result of the Principal's default relating directly to the performance of the work under the Contract, less the balance of the Contract price; but not exceeding the Bond Amount. The balance of the Contract price is the total amount payable by the Obligee to the Principal under the Contract, less the amount properly paid by the Obligee to the Principal, or; 4) pay the Obligee the lesser of (1) the Bond Amount or (2) the Obligee's proposed cost of completion, less the balance of Contract price. It is a condition of this bond that any suit or action must be commenced before the expiration of two (2) years from the earlier of (1) the date of Substantial Performance of the Contract as defined in the lien legislation where the work under the Contract is taking place, or, if no such definition exists, the date when the work is ready for use or is being used for the purpose intended, or (2) the date on which the Principal is declared in default by the Obligee. The Surety shall not be liable for a greater sum than the Bond Amount. No right of action shall accrue on this Bond, to or for the use of, any person or corporation other than the Obligee named herein, or the heirs, executors, administrators or successors of the Obligee. IN WITNESS WHEREOF, the Principal and the Surety have Signed and Sealed this Bond dated 19th day of July, 2012. SIGNED and SEALED VanDriel Excavating Inc. - Principal in the presence of Signature ATTORNEY IN FACT 1 1 JAn r:t Name of person signing BERKLEY INSURANCE COMPANY W hnita- Surety rgna Christine Young, Attomey- irrFac Namd -of person signing EE D E Copyright 2002 (CCDC 221 - 2002 has been approved by the Surety Association of Canada) Canadian Construction Documents Committee (Insurer) Berkley Insurance Company Be 1'First Canadian Place 100 King Street West, Suite 2610 • C A N a o n Toronto, ON M5X 1C8 Standard Construction Document CCDC 222 - 2002 LABOUR & MATERIAL PAYMENT BOND (Trustee Form) No. BCP5352 Bond Amount $95,988.67 VanDriel Excavating Inc. as Principal, hereinafter called the Principal, and BERKLEY INSURANCE COMPANY a corporation created and existing under the laws of Delaware and duly authorized to transact the business of Suretyship in CANADA as Surety, hereinafter called the Surety, are held and finnly bound unto Municipality of Kincardine as Obligee, hereinafter called the Obligee, in the amount of Ninety Five Thousand Nine Hundred and Eighty Eight Dollars And Sixty Seven Cents ($95,988.67) lawful money of Canada, for the payment of which sum the Principal and the Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally. WHEREAS, the Principal has entered into a written contract with the Obligee, dated 12th day of July, 2012 for Contract No. BR906 Park St. Pedestrian Bridge - Kincardine Trail Association in accordance with the Contract Documents submitted, and which are by reference made part hereof and are hereinafter referred to as the Contract. The Condition of this obligation is such that, if the Principal shall make payment to all Claimants for all labour and material used or reasonably required for use in the performance of the Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect, subject, however, to the following conditions: 1. A Claimant for the purpose of this Bond is defined as one having a direct contract with the Principal for labour, material, or both, used or reasonably required for use in the performance of the Contract, labour and material being construed to include that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment directly applicable to the Contract provided that a person, firm or corporation who rents equipment to the Principal to be used in the performance of the Contract under a contract which provides that all or any part of the rent is to be applied towards the purchase price thereof, shall only be a Claimant to the extent of the prevailing industrial rental value of such equipment for the period during which the equipment was used in the performance of the Contract. The prevailing industrial rental value of equipment shall be determined, insofar as it is practical to do so, by the prevailing rates in the equipment marketplace in which the work is taking place. 2. The Principal and the Surety, hereby jointly and severally agree with the Obligee, as Trustee, that every Claimant who has not been paid as provided for under the terms of its contract with the Principal, before the expiration of a period of ninety (90) days after the date on which the last of such Claimant's work or labour was done or performed or materials were fumished by such Claimant, may as a beneficiary of the trust herein provided for, sue on this Bond, prosecute the suit to final judgment for such sum or sums as may be justly due to such Claimant under the terms of its contract with the Principal and have execution thereon. Provided that the Obligee is not obliged to do or take any act, action or proceeding against the Surety on behalf of the Claimants, or any of them, to enforce the provisions of this Bond. If any act, action or proceeding is taken either in the name of the Obligee or by joining the Obligee as a party to such proceeding, then such act, action or proceeding, shall be taken on the understanding and basis that the Claimants, or any of them, who take such act, action or proceeding shall indemnify and save harmless the Obligee against all costs, charges and expenses or liabilities incurred thereon and any loss or damage resulting to the Obligee by reason thereof. Provided still further that, subject to the foregoing terms and conditions, the Claimants, or any of them may use the name of the Obligee to sue on and enforce the provisions of this Bond. 3. It is a condition precedent to the liability of the Surety under this Bond that such Claimant shall have given written notice as hereinafter set forth to each of the Principal, the Surety and the Obligee, stating with substantial accuracy the amount claimed, and that such Claimant shall have brought suit or action in accordance with this Bond, as set out in sub - clauses 3 (b) and 3 (c) below, Accordingly, no suit or action shall be commenced hereunder by any Claimant: a) unless such notice shall be served by mailing the same by registered mail to the Principal, the Surety and the Obligee, at any place where an office is regularly maintained for the transaction of business by such persons or served in any manner in which legal process may be served in the Province or Territory in which the subject matter of the Contract is located. Such notice shall be given. i) in respect of any claim for the amount or any portion thereof, required to be held back from the Claimant by the Principal, under either the terms of the Claimant's contract with the Principal, or under the lien Legislation applicable to the Claimant's contract with the Principal, whichever is the greater, within one hundred and twenty (120) days after such Claimant should have been paid in full under the Claimant's contract with the Principal; ii) in respect of any claim other than for the holdback, or portion thereof, referred to above, within one hundred and twenty (120) days after the date upon which such Claimant did, or performed, the last of the work or labour or furnished the last of the materials for which such claim is made under the Claimants contract with the Principal; b) after the expiration of one (1) year following the date on which the Principal ceased work on the Contract, including work performed under the guarantees provided in the Contract; c) other than in a Court of competent jurisdiction in the Province or Territory in which the work described in the Contract is to be installed or delivered as the case may be and not elsewhere, and the parties hereto agree to submit to the jurisdiction of such Court. 4. The Surety agrees not to take advantage of Article 2365 of the Civil Code of the Province of Quebec In the event that, by an act or an omission of a Claimant, the Surety can no longer be subrogated in the rights, hypothec and privileges of said Claimant. 5. Any material change in the contract between the Principal and the Obligee shall not prejudice the rights or interest of any Claimant under this Bond, who is not instrumental in bringing about or has not caused such change. 6. The amount of this Bond shall be reduced by, and to the extent of any payment or payments made in good faith, and in accordance with the provisions hereof, inclusive of the payment by the Surety of claims made under the applicable lien legislation or legislation relating to legal hypothecs, whether or not such claim is presented under and against this Bond. 7. The Surety shall not be liable for a greater sum than the Bond Amount. . IN WITNESS WHEREOF, the Principal and the Surety have Signed and Sealed this Bond dated 19th day of July, 2012. SIGNED and SEALED VanDriel Excavating Inc. _ - _Principal in the presence of Signature ATTORNEY IN FACT ("); Man Lki„ Name of person signing BERKLEY INSURANCE COMPANY 4 Surety otilaj(iajtel,__ ,_ Christine Young, Attorney-In-Fact Name person_signing EDE Copyright 2002 y _ Canadian Construction Documents Committee (CCDC 222 — 2002 has been approved by the Surety Association of Canada) wsib , cspa Clearance Certificate / Certificat de decharge Contractor Legal / Contractor Address / Contractor Principal Legal / Principal Address / Clearance Certificate Validity period (dd- Trade Name / Adresse de Classification Unit Trade Name / Adresse de Number / NumBro du mmm-yyyy) / Pentode Appellation l'entrepreneur and Description / Appellation ('entrepreneur certificat de docharge de valldito commerciale ou Unite de classification commerciale ou principal (jj /mmlaaaa) raison sociale de de ('entrepreneur et raison sociale de ('entrepreneur description ('entrepreneur principal VANDRIEL PO BOX 339, 4591 -001: CORPORATION OF 1475 CONCESSION 5 E2000001JW2Q 24 -Jul -2012 to 19 -Aug- EXCAVATING INC CLINTON, ON, NOM HIGHWAY /STREET THE MUNICIPALITY RR 5, KINCARDINE, 2012 1LO, CAN MAINTENANCE OF KINCARDINE / ON, N2Z 2X6, CAN 4214 -000: KINCARDINE EXCAVATING AND MUNICIPALITY GRADING Page 1 of 1 1 Municipality of Kincardine Park Street Bridge I Contract No. BR906 1 ADDENDUM NO. 2 1 Plan takers shall note the following: 1 (1) SP -6, Item No. 9 — The first paragraph should read as follows: "For the lump sum bid, the Contractor shall purchase the new steel trusses, including wood 1 decking, transport them to the road nearest the project site and install them on the concrete sub - structures in accordance with the contract drawings and the manufacturer's shop drawings." 1 The following paragraph should be added: 1 "Shop drawings for the new truss spans shall be submitted to the contract administrator for review. Shop drawings are to be signed and sealed by a Professional Engineer licensed to practice in Ontario. The Engineer 's signature and seal are to apply to the entire truss design I including, but not limited to, member sizes and locations, connections, lifting locations, and bearings." 1 1 1 B. M. ROSS AND ASSOCIATES LIMITED Engineers and Planners I 62 North Street Goderich, ON N7A 2T4 Phone: (519) 524 -2641 I Fax: (519) 524 -4403 www.bmross.net July 10, 2012 1 1 1 I Contractor's Signature Date (Faxed to all Plan Takers —1 page + addenda receipt) 1 Municipality of Kincardine Park Street Bridge r Contract No. BR906 1 ADDENDUM NO. 1 ' Plan takers shall note the following: (1) Attached is an enhanced view of the site plan on BMROSS Dwg No. 1, showing contours. ' (2) Item No. 2 — Included in this item is the cost to temporarily remove and relocate the guiderail in place at the top of the slope and replace it prior to leaving site. ' (3) Item No. 3 — The Contractor is to note that not all trees in conflict with the bridge are shown on the contract drawings. At minimum six trees with diameters > 200 mm are expected to require removal. Two of these are located at the south abutment. Contractors reviewing the site are advised that existing survey stakes indicate a previous proposed location of the substructures and not the final location shown on the tender drawings. 1 Wood chips are to be evenly spread beneath trees on municipal property a minimum of 20 m from the water's edge. Wood chips are not to be spread on the trails. ' (4) Item No. 4 — The Contractor shall note that the window, for the in- stream crossing only, has been extended by the SVCA to September 30, 2012. All other in- stream work is to be completed by the original deadline of September 15, 2012. (5) Item No. 8 — It has been determined that the sewer brackets currently in place on the truss may ' remain. The existing angled adapter stubs bolted to the truss bearings (4 bolts per stub) are to be removed under this item and will remain the property of the owner. (6) Item No. 9 — Member sizes do not need to exactly match the existing truss if it is unnecessary structurally. However truss cross section dimensions, for height and platform width, along with the overall appearance of the trusses, should match the existing truss. Outside cross section width may vary from the existing truss, but must fit the concrete substructures shown on the contract drawings with edge distances to anchor meeting the requirements of the truss manufacturer. B. M. ROSS AND ASSOCIATES LIMITED Engineers and Planners 62 North Street Goderich, ON N7A 2T4 Phone: (519) 524 -2641 Fax: (519) 524 -4403 www.bmross.net July 9, 2012 1 Contractor's Signature Date (Faxed to all Plan Takers — 2 pages + addenda receipt) �i . v _ • z` `it - r , s i k-------,411----7-ft-'7:-.1-;-,-,:11,—;,- 7 k 3� � q'i=— �, � �z. /� / e seta { � w � .- -_--.47,-.,,,,-,-, '::!?. X,_>- ' '' /7 / - --- .----------- • - . - - ' . ' , .pr / — J /' `..� -� 3 E ' ' v � ! - z t i ` V � "c .ys - 'ms �- 3 -, 1 0 - . [-__ _ —- \ 1780p vj _ L1 x ------------------------ ---, --_-_- Ilt i � ..- - a al - P $ -.rte -y Y - a _ a i --4-r4 7=r, ,. - = - , , , : -, ': -•=, :' - r irAir"-- --a:,--i, : :: ,-,=I : _. i : ---..---,._!::!5,ititisar:-:iip,_: t•-k,z,p,i-u= : .i., ri :A-,..c., .•:, -;- : ,,. FA • a f .„, _ ,, ;:1 , 7 „, _ ,, _ „, ) „ .: ,,. . „ 7 , ..4 , : ,„ .. „ . „ . „ 0 , ..,.;1,_;:;:i4_,,r::,,:,,i.r.,..,,,___.,„ - _,,,_.:„.. ml.n...1.4.,_?,,,1_,„. _,.,__:=,:_it.44 M _ ....4...,,31:1,,z2_,:,:41:_,i„.„.,,L17:=1„..„,,,,:z::4:,...„.._:„:9: :: 1 ::: ,, _ . :: . :: . : , _ . :::: ,..,........., :_ ,, ._. , :ii:p..4 , :i:Ili,:„.":.:1„::„,:i•,;„.„1:;,,:::;.i.,..,„ 4: _ it __, i _ 1;:i.uit?:.=: _ ::7==y _,,,_,_ .__....__._____ ,.......,...s_______,. „:.....____ __.,,___„________ do waro lidir -ry.':-..;+.2:-,..k.:.::::-:::::;:':::;:%*gigitItigiliir:;-tiiivurgT,!---i-o-!:-!..--2,!110:::il ----.7;i.siii:j:Ifittyi--,:-Iiituit:_tif,i-gi E MIN 0 10 20 30 198.00 : 'f- 1; 1-: c = - 1 . 1 :1 --.' R. It - I STIMAIN I illiti .==.= . !::::!-_,T-:, .i :,1:. : -' �► IS TING NG WATER FORCEI I I E STIN TORM SEWER IIIIIIIIIIIIIIIIII iii 199.00 N 1 MUNICIPALITY OF KINCARDINE PARK STREET BRIDGE CONTRACT NO. BR906 i i 1 i 1 1 1 1 1 ' Municipality of Kincardine Park Street Bridge Contract No. BR906 INDEX TO CONTRACT DOCUMENTS Page Description Pa P g Information to Bidders IB -1 - IB -12 111 Tender Form of Tender T -1 — T -3 ' 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 -1 to SP -8 Supplemental General Conditions SGC -1 & SGC -2 General Conditions — OPSS.MUNI 100 Rev. Date: 11/2006 ' Agreement A-1-A-4 ' Municipality of Kincardine Corporate Statement Occupational Health and Safety Contract Release Statutory Declaration re Payment of Accounts t Statutory Declaration re Liens and Liabilities Standards Appendix A — Existing Easement ' Appendix B — Environmental Commitments and SVCA Permit 1 Appendix C — Existing 36 m Span Shop Drawings 1 1 1 I I i 1 INFORMATION TO BIDDERS I 1 1 1 I 1 I 1 1 1 1 Z: \wp \Contracts\Forms\Info. to Bidders.doc I IB -1 INFORMATION TO BIDDERS 1) DATE AND PLACE FOR RECEIVING TENDERS: Tenders will be received by: Mr. Gagan Sandhu, Director of Public Works Municipality of Kincardine 1475 Concession 5, RR5 Kincardine, ON N2Z 2X6 until 12:00 noon, Wednesday, July 11, 2012 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 P ty for the amount of: Twelve Thousand Dollars ($12,000.00). 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 1 required to add Harmonized Sales Tax (HST) on the tender form in the space provided. The tender shall be signed by the bidder on page T -B of the Form of Tender and delivered in a sealed, opaque envelope, clearly marked TENDER. 1 1 I I IB -3 10) TENDER ACCEPTANCE: I Bidders are notified that any unbalanced items, errors, or omissions in the tender may render the tender invalid. I 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, I 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 I Board. The lowest price bid or any bid will not necessarily be accepted. The Owner reserves the right to reject II any or all tenders and to award to other than the lowest bidder as the interests of the Owner may require. 11) PERFORMANCE AND PAYMENT BONDS: I The Contractor, upon receipt of written notice from the Owner awarding the contract, shall provide a Performance Bond in the amount of one hundred percent (100 %) and a separate Labour and Material I Payment Bond, in the amount of fifty percent (50 %) of the total tender to guarantee the performance of all obligations of the contract. These Bonds shall be supplied to the Owner within ten (10) days of the acceptance of the tender, and shall be at the expense of the Contractor. 1 12) INSURANCE: I GC 6.03.01 — General has been amended as follows: 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 — General I Liability Insurance and GC 6.03.03 — Automobile Liability Insurance. Insurance coverage in clauses GC 6.03.04.01 — Aircraft Liability Insurance, GC 6.03.04.02 — Watercraft Liability Insurance, GC 6.03.05.01 — Property Insurance, GC 6.03.05.02 — Boiler Insurance, and GC 1 6.03.06 — Contractor's Equipment Insurance shall be required as listed below: a) Aircraft Liability Insurance: The Contract Administrator, on behalf of the Owner, will be I requesting proof of valid insurance whenever aircraft are anticipated to be used during the course of construction. I b) Watercraft Liability Insurance: The Contract Administrator, on behalf of the Owner, will be requesting proof of valid insurance whenever watercraft are anticipated to be used during the course of construction. c) Contractor's Equipment Insurance: The Contract Administrator, on behalf of the Owner, will be requesting proof of insurance. I d) Property Insurance: The Contract Administrator, on behalf of the Owner, will be requesting proof of valid all risk insurance in the amount of not less than the sum 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 I the Owner for incorporation into the Work, with a deductible not exceeding 1% of the amount insured at the site of the Work. I IB -5 An application by the Contractor for an extension of time as herein provided shall be made to the Owner ' in writing at least fifteen (15) days prior to the date of completion fixed by the contract. All bonds or other surety furnished to the Owner by the Contractor shall be amended where necessary at the expense of the Contractor to provide coverage beyond the date of any extension of time granted, and the Contractor ' shall furnish the Owner with evidence of such amendment of the bonds or other surety. Any extension of time that may be granted to the Contractor shall be so granted and accepted without prejudice to any rights of the Owner whatsoever under this contract, and all such rights shall continue in full force and effect after the time limited in this contract for the completion of the work and whenever in this contract power and authority is given to the Owner or the 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. 111 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 1 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: ' Harmonized Sales Tax (HST): The 13 % Harmonized Sales Tax will be paid on all work performed within the contract. It will be listed ' as a separate item on all tender documents and adjusted on fmal payment in accordance with the fmal contract price. IB -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. r 24) PERMIT FOR TAKING WATER IN EXCESS OF 50,000 LITRES PER DAY: ' Where the Contractor will require water in excess of 50,000 litres per day, a permit must be obtained as per The Ontario Water Resources Act. A permit may be obtained by making an application to the Ministry of the Environment. 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 GC7.01. ' 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. 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. 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) FALSEWORK: All falsework drawings shall bear the seal and signature of a Professional Engineer who is a member of or is licensed by the Association of Professional Engineers of Ontario. The drawings shall include the following information: The type of work and grade of all materials, including sills to be used in the falsework; Design loads on mud sills or other falsework supports; Horizontal forces imposed on the falsework and used for design purposes; Details of splices of supports for motorized finishing machines, ' and the like. The 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. The completed falsework shall be reviewed on site and certified as being in general conformance with the falsework design. The letter of certification shall be signed and sealed by a Professional Engineer licensed in Ontario. Such certification shall be submitted to the Contract Administrator not less than 24 hours prior to pouring concrete. ' 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. I IB -ll 38) DUST CONTROL The Contractor shall take such steps, as may be required to prevent dust nuisance resulting from the operations either within the contract limits, on detours, or elsewhere, or by public traffic, where it is the ' Contactor's responsibility to maintain a roadway through the work. Where the work requires the sawing of asphalt or the sawing or grinding of concrete, blades and grinders of the wet type shall be used together with sufficient water to prevent the incidence of dust, wherever dust would affect traffic or wherever dust would be a nuisance to residents of the area where the work is being carried out. ' The cost of all preventative measures required by the Contract Administrator outside the limits of the contract shall be borne by the Contractor. The cost of such measures within the contract shall be borne by the Contractor except in contracts where tender items include "Water for Compaction and Dust Control" or "Calcium Chloride" or both. In such cases, the Contractor shall be paid by the Owner at the contract unit price(s) for the appropriate item(s). ' 39) DISPOSAL OF WASTE ASPHALT Asphalt pavement and/or prime surface asphalt required for removal in carrying out the work of the various tender items included in this contract shall be disposed of either within the roadbed or outside the contract limits. Disposal outside the contract limits shall be at a certified waste disposal site for asphalt. Disposal of asphalt within the roadbed must be crushed and not contaminated with non - granular material. The crushed asphalt may be used for backfill to sewers or as selected fill material. The contract price for the item requiring such work shall be full compensation for excavating, crushing, loading, hauling, and levelling and for all other work which may be required to dispose of the asphalt material and for providing a suitable site for material which is to be disposed of within the roadbed or outside the contract limits. 40) LUMP SUM FOR MOBILIZATION AND DEMOBILIZATION: This item in the Schedule of Items and Prices (or, in the case of a lump sum type contract, in the breakdown schedule) is to cover the Contractor's cost of mobilization at the beginning of the construction period and demobilization at the close of the construction period. The price entered for this item shall be consistent with the costs involved but shall not, in any event, exceed ten percent (10 %) of the total tender price. If the Bidder has entered against this item in his tender a price in excess of 10% of the total tender P rice, the Owner shall, in preparing contract documents based upon the tender, reduce the price for the said item to an amount not exceeding 10% of the total tender price and shall add the amount of the reduction to the price for the "Lump Sum for Other Requirements" item so that the total tender price shall not be affected. ' Sixty percent (60 %) of the price for the Mobilization and Demobilization item shall be considered as relating to mobilization and the balance to demobilization. 1 T4 1 FORM OF TENDER Municipality of Kincardine II Park Street Bridge Contract No. BR906 1 Tender by Van Driel Excavating Inc. residing at 37594 Telephone Rd. (PO Box 339) I Clinton, ON NOM 1L0 ,. a company duly incorporated under the laws of Ontario 1 and having its head office at 37594 Telephone Rd., Clinton, Ontario hereinafter called the "Bidder" To -- Municipality of Kincardine 1 I/We Simon Van Driel 1 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, I General Conditions, Special Provisions, Form of Agreement, Form of Contract Bond and Addendum/ Addenda Numbers 2 to 2* 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 I documents and such further detail drawings as may be supplied from time to time, and to furnish all labour, materials, tools, plant, matters and things necessary therefore, complete and ready for use within the time specified for the sum of 1 I One Hundred and Ninety One Thousand, Nine Hundred and Ninety Seven Dollars and Thirty Four Cents ($191,997.34) 1 or such other sum as is determined from the actual measured quantities at the unit prices set forth in the I Tender. 1 * The bidder will insert here the number of the Addenda received during the tendering period and taken into account when preparing the Tender. 1 1 T -2 1 THE AFORESAID SUM IS MADE UP AS FOLLOWS: 1 SCHEDULE OF ITEMS AND PRICES I Item Spec. # Description Qty./Unit Price Amount I 1 201, SP Mobilization, demobilization (see also IB -40) 1 L.S. 8,721.28 2 802, SP Site access and restoration 1 L.S. 7,596.31 I 3 180, 201 Clear trees and brush 1 L.S. 3,564.83 I sp 4 182, SP Environmental protection 1 L.S. 3,208.81 1 5 SP De- energize hydro line for truss placement 1 L.S. 1,245.93 I 6 180, 182, Excavate for foundations 1 L.S. 3,626.81 518, 902, 1 SP 7 904, 905, Reinforced concrete 27.5 m 1,809.15 49,751.63 1 919, SP 8 906,SP Deliver and install existing steel truss 1 L.S. 10,720.61 I 9 906, SP Supply, deliver and install new steel trusses 1 L.S. 60,981.26 I 10 511, SP Riprap 350 mm depth 100 m 43.51 4,351.00 11 SP Bonding and insurance 1 L.S. 2,520.00 1 Sub -Total Items 156,288.47 I Provisional P1 SP Contingency allowance 1 L.S. 10,000.00 P2 301, 314 Trail approaches 1 L.S. 2,357.73 SP 1 1 T -3 1 Item Spec. # Description Qty./Unit Price Amount 1 P3 1601,SP Repairs to existing truss 1 a) Replace wood decking 25 Ea. 7.75 193.75 b) Steel repairs 4 Hr. 104.70 418.80 1 P4 314, SP Additional Granular 'A' 30 t 21.68 650.40 1 Sub -Total Provisional 13,620.68 1 Sub -Total (Items & Provisional) 169,909.15 1 13% HST 22,088.19 Total Tender 191,997.34 1 1 1 1 1 1 1 1 1 1 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. 1 In submitting this Tender for the work, the Tenderer further declares: 1 (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; 111 (c) That no member of the Municipal Council or any officer of the Owner will become interested directly or indirectly as a contracting party without disclosing his interest and otherwise complying with "the Municipal Conflict of Interest Act, RSO 1990 "; 1 (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 1 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; 1 (f) That the awarding by the Owner of the contract based on this tender shall be an acceptance of the tender; 1 (g) The Tenderer solemnly declares that the several matters stated in the foregoing tender are in all respects true; T -A Date Specified.doc 1 T -B (h) That if this tender is accepted, we the undersigned agree to furnish an approved surety bond for the proper fulfilment of the contract and to execute the Agreement in triplicate within ten (10) days after being notified so to do. In the event of default or failure on our part to do so, we the undersigned agree that the Owner shall be at liberty to retain the 1 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 Berkley Insurance Company Company, a company lawfully doing business in the Province of Ontario, to furnish a Performance Bond in an amount equal to 100% of the contract price and a separate Labour and Material Payment Bond in an amount equal to 50% of the contract price, is enclosed herewith. A certified cheque for the sum of Twelve Thousand Dollars ($12,000.00) is attached hereto. DATED AT Clinton this 11 1 day of July , 20 12 . 1 ' Si . ned Sin ed and Sealed Signature of Witness 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. 1 BR906 -T -B 2 Bonds -50% L &M Bond.docx 1 1 1 STATEMENT RE: SUB - CONTRACTORS The following is a list of Sub - Contractors or Sub - Trades intended to be used in the execution of the contract showing the approximate portion of the work to be allotted to each. 1 ITEM SUB - CONTRACTORS 1 Name and Address Percent of Contract 1. I Falsework Design #7 Santarelli Engineering Services 3.2% 1464 Adelaide St. North, Suite 6 2. Supply Steel Truss Eagle Bridge Ltd. 32% Bridge Sections 250 Shirley Ave. #8, #9 Kitchener, ON 3. Rigging Canadian Crane Rentals Ltd. 1.3% #8, #9 160 Potter St. Wingham, ON 4. 1 5. 6. 1 7. 1 8. 1 9 1 1 10. 12. 1 1 1 AGREEMENT TO BOND (PERFORMANCE BOND AND LABOUR AND MATERIALS PAYMENT BOND) 1 ** 1 Date: , 20_ ' PROJECT NO. CONTRACT NO. TO: 1 ' Dear Sirs: RE: 1 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 p abour 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 in an amount equal to 100% of the contract price and a Labour and Material Payment Bond in an amount equal to 50% of the contract price, in the forms of Performance Bond and Labour and Material Payment Bond provided and in accordance with the said tender, and we agree to furnish the Owner with said Bonds within seven (7) days after notification of the acceptance of the said tender and execution of the said Agreement by the Owner has been mailed to us. Yours very truly, 1 (Seal) 1 NOTE: This Agreement to Bond must be executed on behalf of the Surety Company by its authorized officers under the company's corporate seal. Of the two forms bound herein, one shall become a part of 1 the tender and the other shall be retained by the Surety Company. ** Enter the name and address of the Surety Company at the top of the page. F : \wp \Contracts\Forms\AgToBond -2 bonds -50% L &M Bond.doc 1 PERFORMANCE BOND Bond No. Project No. Amount $ Contract No. KNOW ALL MEN BY THESE PRESENTS, that we hereinafter called "the Principal" 1 and 1 hereinafter called "the Surety ", are jointly and severally held and firmly bound unto hereinafter called "the Obligee" 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 Y p g � a pYm Y 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 day of 20 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 1 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 OBLIGATION 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. 1 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 1 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 y gr 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. 1 1 SIGNED AND SEALED BY THE PRINCIPAL ) ) Per: In the presence of: ) ) Per: ) Principal Witness ) Occupation ) I ) Address ) Surety 1 F: \wp \Contracts\Forms\Performance Bond.doc 1 1 LABOUR AND MATERIAL PAYMENT BOND 1 Bond No. Project No. Amount $ Contract No. KNOW ALL MEN BY THESE PRESENTS, that we 1 hereinafter called "the Principal ", and 1 hereinafter called "the Surety ", are jointly and severally held and firmly bound unto J Y Y Y o 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 t which Contract c Co t act 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: 1 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 e, , wr, , h, , gasolinethat a , teleph sery equipment, 1 applicable watrgas to po the e Contract light provided person, firm or corporation ice or rental who rents equip directly ment 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 1 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 1 name of the Obligee or by joining the Obligee as a parry to such proceeding, then such act, action or proceeding, shall be taken on the understanding and basis that the Claimants, or any of them, who take such act, action or proceeding shall indemnify and save harmless the Obligee against all costs, charges and expenses or liabilities incurred thereon and any loss or damage resulting to the Obligee by reason thereof. Provided still further that, subject to the foregoing terms and conditions, the Claimants or any of them, may use the name of the Obligee to sue on and enforce the provisions of this Bond. 3. No suit or action shall be commenced hereunder by any Claimant: (a) Unless such Claimant shall have g iven 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 1 maintained for the transaction of business by such persons. Such notice shall be given: 1 t 1 1 Labour and Material Payment Bond Page 3 1) in respect of any claim for the amount or any portion thereof required to be held back from the Claimant by the Principal under either the terms of the Claimant's contract 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 1 materials for which such claim is made, under the Claimant's contract with the Principal. 1 (b) After the expiration of one (1) year following the date on which the Principal ceased work on the Contract, including work performed under the guarantees provided in the Contract. (c) Other than in a Court 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. 1 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 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. 1 1 1 Labour and Material Payment Bond Page 4 1 PROVIDED FURTHER and it is hereby agreed and declared that the Surety shall not be liable 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 1 SIGNED AND SEALED BY THE PRINCIPAL ) ) In the presence of: ) 1 ) ) Principal Witness ) i ) Occupation ) ) Address ) Surety 1 1 1 1 1 1 1 F: \wp \Contracts\Forms\L &M Bond.doc 1 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, Park Street Bridge, Contract No. BR906. A. SPECIAL PROVISIONS - Pages SP -1 to SP -8 1 B. PLANS - Drawing Nos. 1 to 2 C. INFORMATION TO BIDDERS - Pages IB -1 to IB -12 D. STANDARD SPECIFICATIONS Ontario Provincial Standard Specification Numbers shall apply to this contract mutatis mutandis. Only the most recent specifications shall apply to this contract. 180-Nov/11 201-Nov/11 301 - Nov /09 511-Apr/11 902-Nov/10 p v/ 0 1601- Nov /06 182- Nov /00 314- Nov /04 518- Nov /11 904- Apr /10 905- Apr /07 802 - Nov /10 906 - Nov /09 919 -Nov /11 E. STANDARD DRAWINGS 219.100 219.260 221.050 219.110 219.261 219.180 F. FORM OF TENDER G. SUPPLEMENTAL GENERAL CONDITIONS - SGC -1 H. GENERAL CONDITIONS - OPSS.MUNI 100 Rev. Date: 11/2006 I. AGREEMENT J. PERFORMANCE BOND K. LABOUR AND MATERIAL PAYMENT BOND L. CONTRACT RELEASE ' M. STATUTORY DECLARATION RE PAYMENT OF ACCOUNTS N. STATUTORY DECLARATION RE LIENS AND LIABILITIES ' O. APPENDICES 1 1 1 ' SPECIAL PROVISIONS r 1 INDEX TO SPECIAL PROVISIONS 1 Item No. 1 Mobilization/Demobilization SP -1 Item No. 2 Site Access and Restoration SP- 1 Item No. 3 Clear Trees and Brush SP -2 I Item No. 4 Environmental Protection SP -3 Item No. 5 De- Energize Hydro Line SP -4 Item No. 6 Excavate for Foundations SP -4 1 Item No. 7 Reinforced Concrete SP -4 Item No. 8 Deliver and Install Existing Steel Truss SP -5 Item No. 9 Supply, Deliver and Install New Steel Trusses SP -6 ' Item No. 10 Riprap SP -6 Item No. 11 Bonding and Insurance g SP -7 Item No. P1 Contingency Allowance SP -7 1 Item No. P2 Trail Approaches SP -7 Item No. P3 Repairs to Existing Steel Truss SP -7 Item No. P4 Additional Granular `A' SP -8 1 I I I r r SP -1 ITEM NO. 1 MOBILIZATION/DEMOBILIZATION The Contractor shall enter a tendered lump sum amount for mobilization, demobilization and for additional labour, equipment or material required to complete the contract but not specifically covered by or related to the other items in the Schedule of Items and Prices. I The lump sum bid may include, but is not limited to, the following: watchmen, on -site washroom facilities, security fencing, signs etc. and maintenance of the same, permits and 1 approvals (other than those to be paid for by the Owner) or acquiring the services of the local operating authorities. Westario services shall be obtained as per Item No. 5. The Contractor shall note that Transport Canada requires signs (black lettering on yellow background) be placed 75 m upstream and 50 m downstream of the project site. Signs are to be placed on the approach trails advising of construction ahead, when necessary trails may be shut down during work hours. When trails are closed Ontario Traffic Manual Book 7 RB -92 signs must be installed on the approaches to the site. Signs are to be placed at the start of and removed at the end of each work day. The site is located within an urban park and the Contractor shall take care to collect all waste and litter and remove it from the site at the end of each work day. No burning is permitted on this project. This item includes the cost of demobilizing equipment and removing all surplus materials not covered elsewhere in the schedule of items and prices. Payment for this item shall be made as outlined in the Information to Bidders under the mobilization item. The submission by a tenderer of an unbalanced price for this item renders the tender liable to disqualification. ' ITEM NO.2 — SITE ACCESS AND RESTORATION For the lump sum bid, the Contractor shall provide safe access to the worksite for workers, materials, tools and equipment and restore access areas once the work is complete. The Contractor shall use the existing easement, trails and/or road allowance to access the site. A map of the existing easement is provided in Appendix A. It shall be the Contractor's responsibility to remove any trees or shrubs or make temporary grading changes as required to access the site but such removals or changes may be done only with the approval of the Municipality and the Land Owner. Grubbing and tree limb and trunk removal for trees over 100mm dia. is to be minimized. This item shall include the delivery of the trusses to the worksite. A site meetin g will be held at the south end of the work site at the intersection of Park St and Albert St on Friday July 6, 2012 at 9:00AM to review the possible site accesses. 1 I SP -2 1 Equipment shall be permitted to cross the stream in one continuous trip (no turning on stream ' bed) with the installation of cobbles. Included in this item is the cost to place cobbles, in a manner which does not prevent stream flow, in the stream bed in order to protect the stream bed from equipment. Cobbles are to be rounded natural stone washed free of fines and shall be spread or removed over the stream bed once the work is complete. Removal or redistribution of cobbles is to cause minimal disruption to the existing channel and shall restore the site to the pre - construction elevation and grade. No recycled concrete shall be used in the flood plain. At the conclusion of the work in each area, the Contractor shall topsoil all disturbed surfaces except for rip rap areas and gravel surfaces. Topsoil shall be approved material native to the site or approved, good quality imported topsoil. I The Contractor shall fine grade, to a uniform surface, areas to be topsoiled as designated by the Contract Administrator. The Contractor shall uniformly spread and rake the topsoil to a depth of 75 mm. OPSS 802 shall apply. I The area is expected to self -seed where native topsoil is used, the topsoiled areas shall be assessed at the end of the maintenance period and, if required, the Contractor shall apply a seed 1 mix approved by the Conservation Authority at that time. Topsoil, may be required at different stages to protect completed works and the Contractor shall I not be paid extra for separate stages of application or re- application. Under this item, the Contractor shall restore all other areas disturbed by the construction activity. , This shall include re- grading or resurfacing areas used for site storage, workshops or offices. Payment for access, topsoil, and restoration shall be made at the lump sum bid. Unit prices shall I not apply to this project because a proportion of the area to be topsoiled will be for site access and is dependent on the Contractor's methods. ITEM NO.3 - CLEAR TREES AND BRUSH For the lump sum bid, the Contractor shall close cut clear and remove any trees or brush within the road allowance or on Municipal property that are in conflict with the proposed works. This shall include all wood, branches or debris. Trees and brush may be chipped by mechanical wood chipper and stockpiled onsite 20 m minimum from the water's edge. All wood chips shall remain the property of the Owner. All other organic material, including unchipped trees and brush, and any inorganic material removed shall become the property of the Contractor and shall be removed from the site. Open burning is not permitted onsite. Trunks and roots in conflict with the proposed trail, pier and abutment locations shall be removed, otherwise grubbing will not apply. The Contractor shall be responsible for damage to all underground utilities, adjacent property, persons, etc. and shall make restitution for such damage to the satisfaction of the Contract Administrator. OPSS 201 will not apply to the size of the trees. Payment for this item shall be made at the lump sum bid and shall be full compensation for all labour, materials and equipment required for the close cut clearing of trees and brush. I 1 SP -3 ITEM NO.4 — ENVIRONMENTAL PROTECTION For the lump sum bid for this item, the Contractor shall provide dewatering, silt control and environmental protection measures, as required. In- stream work is expected to be limited to the footing excavation and placement of rip rap at the centre pier. The excavation shall be kept dry by pumping or other means until the concrete has been poured above the water level. Water pumped from the excavation shall be discharged onto adjacent grass flats, settling basins or other effective silt traps. Silt deposits shall be removed at the conclusion of the dewatering work. The Contractor shall take all reasonable precautions to limit silt release or release of other substances that are harmful to aquatic wildlife or their habitat. Also included in this item shall be the cost of preventing deleterious substances from entering the stream as per OPSS 182. To prevent silt material from entering the streams, silt fences shall be installed and maintained down slope from any stockpile and exposed earth surface locations. The extent of silt fencing placed must be to the limits and satisfaction of the Contract Administrator. The Contractor is to assume 40 m of silt fence will be required. Machinery shall be refuelled and stored overnight not less than 20 m from the edge of water. Similarly, no toilets shall be located closer than 20 metres from the normal edge of water. In- stream work, such as ' rip rap placement shall be isolated by a turbidity curtain prior to starting work. Turbidity curtains are to remain in place a minimum of 24 hours after work in the area is complete (ie. after the last rip rap stone has been placed). To help minimize silt releases, the Contractor shall cover finished, exposed earth as soon as practical with topsoil or rip rap as per their appropriate items. Generally speaking, the ' Contractor shall take all reasonable precautions to prevent the release of any deleterious substance to the stream and the Contractor shall be fully liable for fines or damages arising from the Contractor's activities or lack of reasonable precautions. The Contractor shall note that in- stream work, including the stream crossing, is permitted between July 1 and September 15, 2012. Extensions must be requested in writing a minimum of four weeks prior to the end of the timing window. The Contractor is to note that extensions ■ may or may not be granted and they should assume a deadline of September 15 for in- stream work. ' At each side of the stream, the Contractor shall rovide and maintain a metal receptacle for the P p containment of small construction debris and general litter. The Contractor shall arrange and pay for the removal of this waste to a licensed landfill site under Item No. 1. Litter shall be collected from the site at the end of each working day. The Contractor is to meet the requirements of the SVCA permit and the environmental commitments outlined in Appendix B, and the Navigable Waters approval. t Payment for the dewatering, silt control and environmental protection measures shall be on a lump sum basis and shall include full compensation for all materials, labour and equipment for the work described herein. I SP -4 ITEM NO.5 — DE ENERGIZE HYDRO LINE For the lump sum bid, the Contractor shall arrange with the Municipality and Westario Power I Inc. to have the hydro lines crossing the site de- energized prior to starting work and switch back to normal upon contract completion. The Contractor is advised that the Municipality and Westario will require two weeks notice to schedule the service. I This item is to compensate the Contractor for their administration cost, Westario is to invoice the Municipality directly for their services. ' ITEM NO.6 — EXCAVATE FOR FOUNDATIONS I For the lump sum bid, the Contractor shall excavate for, and backfill the piers and abutments. Excavated material, if determined by the Contract Administrator to be suitable, may be 111 stockpiled and used as backfill to the piers and abutments. Suitable material is sand, gravel, firm clay or clayey silt. Unsuitable materials include organic soils, wet silts, marl, soft clay or any other soil that is unlikely to be successfully compacted or that may cause long -term settlements shall be removed from the site. All unsuitable and surplus excavated materials shall become the property of the Contractor and hauled from the site, except for topsoil. Topsoil shall be stripped, stockpiled and replaced at the top of the backfill, the replacement of the topsoil shall be paid for under Item No. 2. Excavations shall be made to the elevations and dimensions shown on the contract drawings. Care shall be taken to ensure that adjacent hydro poles are not disturbed by the excavation (see item 19, IB -6) I Under this item, the Contractor shall reshape the stream banks under the bridge as required to allow for the placement of rip rap erosion protection. The Contractor shall use native materials from the site and no importing of additional fill materials is expected to be required. The Contractor shall minimize the amount of banks disturbed along the edge of the stream. Upon completion of the concrete work, under this item, the excavations shall be backfilled with the suitable excavated material and compacted. Soil at the site is expected to be a dense sand or sandy loam with occasional cobbles. Payment shall be made at the lump sum bid and shall be full compensation for all labour, I equipment and materials including hauling, disposal and applicable permits, if required for off - site disposal. ITEM NO. 7 — REINFORCED CONCRETE For the unit price bid per cubic metre, the Contractor shall form, lace, supply, cure and p ppY,our p finish the reinforced concrete structures of this bridge. This shall include the supply and installation of all reinforcing steel and anchor bolts. , r SP -5 Concrete shall have a compressive strength of 35 MPa at 28 days, exposure Class Cl. � s Y� p Reinforcing steel shall be grade 400 and shall be pre -bent at the supplier's plant. The specifications of OPSS MUNI.904, 905 and 919 shall apply to this item. The Contractor shall note that the location is in a public park and finished appearance of the concrete is important. All exposed corners shall be chamfered 25 mm. All formed fins shall be ground smooth. The finished concrete shall have a uniform colour and appearance. Forms shall remain on the concrete as per OPSS 919 and all exposed surfaces shall be wet cured for not less than 96 hours. The Contract Administrator shall provide assistance with layout by staking centerline of the structure and centerline of each of the five supports. It shall be the Contractor's responsibility to provide detailed layout of forms and the anchor bolts for the steel trusses. ' Payment shall be made at the unit price bid per cubic metre; plan dimension. No payment will be made for additional volumes unless such placement is directed by the contract administrator prior to pouring concrete. ' ITEM NO.8 — DELIVER AND INSTALL EXISTING STEEL TRUSS For the lump sum bid, the Contractor shall load the existing steel truss sections (36m span) at the 1 owner's yard at 140 Valentine Ave., Kincardine, transport them to the project site and install them on the concrete sub - structures in accordance with the contract drawings and the manufacturer's shop drawings. The existing truss dimensions are as shown in Appendix C. Preparation and restoration of the access and delivery of the trusses from the road to the work site shall be paid for under Item No. 2. New splice fasteners as indicated on the manufacturer's shop drawings shall be supplied by the Contractor and installed under this item. Fasteners are to be purchased from the original truss manufacturer. Drawings showing splice requirements will be supplied to the successful contractor. The Contractor shall assume fasteners will be 16- 19.05mm dia. x 50 long A325 bolts with lock washers and 8 -32mm dia. x 125 long A325 bolts with nuts, flat washer and direct tension indicator squirt washers. Sewer brackets and splice fasteners currently in place on the truss are to be removed in a manner that does not damage the truss, prior to truss transportation and installation. This item shall include the costs of all cranes, temporary shoring, or other equipment, labour and materials to accomplish the final installation and adjustment of the existing steel trusses. ' The Contractor shall note that no equipment may enter or cross the stream other than as outlined in Item No. 2 and that any necessary traffic control, other than trail closures, is to be included under this item. The Contractor shall handle the trusses in accordance with the instructions and shop drawings of the manufacturer. 1 I SP -6 ITEM NO.9 — SUPPLY, DELIVER AND INSTALL NEW STEEL TRUSSES For the lump sum bid, the Contractor shall purchase the new steel trusses, including wood decking, transport them to the road nearest the project site and install them on the concrete sub- structures in accordance with the contract drawings and access the manufacturer's shop drawings. I Preparation and restoration of the access and delivery of the trusses from the road to the work site shall be paid for under Item No. 2. ' New trusses are to match the overall appearance and cross section dimensions of the existing truss span, as shown in Appendix C. New trusses are to include infill pieces for installation , between the slanted truss ends. New trusses are to be cambered so that they lie straight under the deadweight of the assembly. Wood decking is to be pressure treated SPF cross section dimensions to match decking on 111 existing truss (assume 2x6), fastened as per truss manufacturer's directions. All wood shall be pressure treated grades no 1 and 2 SPF lumber, and shall be free of loose or unsound knots, short crooks, reverse sweep, shakes, decay and checks that exceed 6mm in width. Lumber having sweep exceeding 2% of the length of the lumber shall be rejected. Wood shall comply with OPSS 1601. All cut ends, abrasions and holes shall be treated with a manufacturer's approved product. This item shall include the costs of all cranes or other equipment, labour and materials to effect I the final installation and adjustment of the steel trusses. The Contractor shall note that no equipment may enter or cross the stream other than as outlined 1 in Item No. 2 and that any necessary traffic control, other than trail closures, is to be included under this item. The Contractor shall handle the trusses in accordance with the instructions and shop drawings of the manufacturer. ITEM NO. 10 — RIPRAP For the unit price bid, the Contractor shall supply and place natural stone erosion protection to the depth and extent shown on the drawings or as directed by the Contract Administrator on site. Stone riprap shall be placed to a depth of 350 mm where indicated on the contract drawings. This shall include 300 mm minimum stones at the toe of the riprap slope and 300mm nominal diameter stones with Class I gradation over the rest of the areas. Stones shall be natural, durable stone, free of fractures or planes of weakness. Quarry stone or I field stone are acceptable. Broken concrete may not be used at this site. Included in this item is the supply and placement of the non -woven geotextiles equal to or 1 exceeding the specifications of Terrafix 400R under the areas of riprap placement. Geotextile is to be keyed in with rip rap and shall be fully covered by placed riprap. Included in this item is the cost to provide an overlay of small field or quarry stones to fill the interstitial spaces between the larger stones. r SP -7 This item shall include final grading of the soil to receive the stone protection. Final riprap grade is to match the existing soil grade. Payment shall be made at the unit price bid per square metre as measured by tape, in place. Payment shall not be made for riprap placed outside of the areas shown on the contract drawings unless approved by the engineer. Payment per unit price shall be full compensation for all labour, material and equipment required to supply, haul, grade and place riprap. ITEM NO. 11 BONDING AND INSURANCE For the lump sum 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. r ITEM NO. P1— CONTINGENCY ALLOWANCE A lump sum allowance has been made for contingencies in the contract. Only those additional items approved in writing on behalf of the Owner, by the Contract Administrator, will be expended from this allowance. ITEM NO. P2 — TRAIL APPROACHES For the lump sum bid, the Contractor shall supply, place, compact and fine grade granular `A' in the trail approaches after removing topsoil beneath the new trail sections. Included in this item is the supply and placement of up to 95 tonnes of new imported granular `A' at the approaches of the bridge and in the trail work areas. If additional granular `A" is required it will be paid under the provisional item. Included is the cost for water to assist with compaction and calcium for dust suppression, if required or requested by the Contract ' Administrator. Compaction for granular materials shall be at least 98% of the maximum standard Proctor dry density. The Contractor shall fine grade and compact the trails to blend with the existing ground elevations unless directed otherwise by the Contract Administrator at the time of construction. Restoration of the trail surface shall be in accordance with OPSS 301. r ITEM NO. P3 — REPAIRS TO EXISTING STEEL TRUSS For the unit price bid for P3 (a) the Contractor shall supply and install new pressure treated SPF deck boards the same size as the existing, (assume 2x6), fastened as per truss manufacturer's directions (2 -6.4 mm dia. bolts per plank). All wood shall be pressure treated grades no 1 and 2 SPF lumber, and shall be free of loose or unsound knots, short crooks, reverse sweep, shakes, decay and checks that exceed 6mm in width. Lumber having sweep exceeding 2% of the length of the lumber shall be rejected. Wood shall comply with OPSS 1601. All cut ends, abrasions and holes shall be treated with a manufacturer's approved product. 1 SP -8 I If directed by the Contract Administrator, under Item P3(b) the Contractor shall supply the services of a welder certified to CAN /CSA W47.1 to complete repairs to the truss. Payment for these services shall be at an hourly rate for the time the welder is on site to include the cost for the welding equipment, generator and welding materials such as the wire required by the welder. The Contractor will not be paid for the welders travel time to and from the site. If it is determined that some additional materials such as flat plate steel is required, the Owner will supply that material. Payment under item P3(b) will be paid at the hourly price bid to supply the services described within this item. No compensation will be made for damage resulting from transportation or placement by the Contractor. ' ITEM NO. P4 — ADDITIONAL GRANULAR `A' I For the unit price bid per tonne the Contractor shall supply, load, haul, place, fine grade and compact OPSS granular `A' along the trail on the approaches to the bridge. Compaction for 1 granular materials shall be at least 98% of the maximum standard Proctor dry density. Payment under this item shall be for quantities over and above those indicated in Item No. P2. Payment shall be made at the unit price bid per tonne and shall be full compensation for supply, Y P p p upplY, hauling, placing, grading and compacting granular materials. This price shall include the addition of water if necessary for compaction. Measurement shall be by scale weigh tickets as delivered to the site. I I r I r 1 1 S GC -1 ' 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 I) Standard Specifications g) Standard Drawings h) Tender i) Supplemental General Conditions j) General Conditions k) Working Drawings 2.0 Section GC 2.01, Reliance on Contract Documents, paragraph 2.01.01 a) small be revised as follows: a) The location and depth of all utilities shown on the contract drawings are based on 1 information obtained from the applicable operating authority. Neither the Owner nor the Contract Administrator can warrant the locations of the utilities. 3.0 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: 1 4.0 Section GC8.02.08.02, Taxes , shall be revised as follows: "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 later than 120 days after completion." 5.0 Section GC8.02.08.03, Taxes, shall be revised as follows: "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 120 days after completion." 1 Z: \wp \Contracts\Forms \Supp. Gen. Conditions.doc r • SGC- 2 • 6.0 • Section GC3.05.01. Layout, shall be revised as follows:. ' The Contract Administrator shall, on behalf cif the Owner, provide baseline and benchmark information for the location, alignment, and elevation of the work including: ' • Offset stakes for road centreline alignment • Offset stakes for storm sewer structures and sanitary sewer structures • Final curb grade and alignment • Alignment for bridge foundations One week advance notice is required by the Contract Administrator to schedule the construction layout. • i 1 1 1 1 1 r I 1 r Z: \wp \Contracts\Forms \Supp. Gen. Conditions.doc ONTARIO PROVINCIAL STANDARDS FOR ROADS AND PUBLIC WORKS S rA hO i o P 02 c S / a ' � 1j0 AL - PR GENERAL CONDITIONS OF CONTRACT 1 NOVEMBER 2006 I I � 0 Sr4NO,,Q Ontario Provincial Standards METRIC _ for OPSS.MUNI 100 .` y t Roads and Public Works November 2006 i °'pac:ra °, I OPS GENERAL CONDITIONS OF CONTRACT Table of Contents I SECTION GC 1.0 - INTERPRETATION I GC 1.01 Captions 6 GC 1.02 Abbreviations 6 I GC 1.03 Gender and Singular References 6 GC 1.04 Definitions 6 I GC 1.05 Substantial Performance 11 GC 1.06 Completion 11 I GC 1.07 Final Acceptance 11 GC 1.08 Interpretation of Certain Words 11 I SECTION GC 2.0 - CONTRACT DOCUMENTS I GC 2.01 Reliance on Contract Documents 12 GC 2.02 Order of Precedence 12 SECTION GC 3.0 - ADMINISTRATION OF THE CONTRACT I GC 3.01 Contract Administrator's Authority 14 GC 3.02 Working Drawings 15 I GC 3.03 Right of the Contract Administrator to Modify Methods and Equipment 16 GC 3.04 Emergency Situations 16 I GC 3.05 Layout 16 GC 3.06 Extension of Contract Time 16 I GC 3.07 Delays 17 I GC 3.08 Assignment of Contract 17 GC 3.09 Subcontracting by the Contractor 18 1 I Page 1 Rev. Date: 11/2006 OPSS.MUNI 100 I I GC 3.10 Changes 18 GC 3.10.01 Changes in the Work 18 I GC 3.10.02 Extra Work 19 GC 3.10.03 Additional Work 18 I GC 3.11 Notices 19 GC 3.12 Use and Occupancy of the Work Prior to Substantial Performance 19 I GC 3.13 Claims, Negotiations, Mediation 20 GC 3.13.01 Continuance of the Work 20 GC 3.13.02 Record Keeping 20 I GC 3.13.03 Claims Procedure 20 GC 3.13.04 Negotiations 21 I GC 3.13.05 Mediation 21 GC 3.13.06 Payment 21 I GC 3.13.07 Rights of Both Parties 21 GC 3.14 Arbitration 21 I GC 3.14.01 Conditions for Arbitration 21 GC 3.14.02 Arbitration Procedure 22 GC 3.14.03 Appointment of Arbitrator 22 I GC 3.14.04 Costs 22 GC 3.14.05 The Decision 23 I GC 3.15 Archaeological Finds 23 SECTION GC 4.0 - OWNER'S RESPONSIBILITIES AND RIGHTS I GC 4.01 Working Area 24 I GC 4.02 Approvals and Permits 24 GC 4.03 Management and Disposition of Materials 24 1 GC 4.04 Construction Affecting Railway Property 25 GC 4.05 Default by the Contractor 25 I GC 4.06 Contractor's Right to Correct a Default 25 I Page 2 Rev. Date: 11/2006 OPSS.MUNI 100 I I I GC 4.07 Owner's Right to Correct a Default 26 I GC 4.08 Termination of Contractor's Right to Continue the Work 26 GC 4.09 Final Payment to Contractor 26 I GC 4.10 Termination of the Contract 26 I GC 4.11 Continuation of Contractor's Obligations 27 GC 4.12 Use of Performance Bond 27 GC 4.13 Payment Adjustment 27 SECTION GC 5.0 - MATERIAL I GC 5.01 Supply of Material 28 I GC 5.02 Quality of Material 28 GC 5.03 Rejected Material 28 1 GC 5.04 Substitutions 29 GC 5.05 Owner Supplied Material 29 I GC 5.05.01 Ordering of Excess Material 29 GC 5.05.02 Care of Material 29 SECTION GC 6.0 - INSURANCE, PROTECTION AND DAMAGE I GC 6.01 Protection of Work, Persons, and Property 31 GC 6.02 Indemnification 31 I GC 6.03 Contractor's Insurance 32 GC 6.03.01 General 32 I GC 6.03.02 General Liability Insurance 32 GC 6.03.03 Automobile Liability Insurance 33 I GC 6.03.04 Aircraft and Watercraft Liability Insurance 33 GC 6.03.04.01 Aircraft Liability Insurance 33 I GC 6.03.04.02 Watercraft Liability Insurance 33 GC 6.03.05 Property and Boiler Insurance 33 GC 6.03.05.01 Property Insurance 33 I GC 6.03.05.02 Boiler Insurance 34 GC 6.03.05.03 Use and Occupancy of the Work Prior to Completion 34 GC 6.03.05.04 Payment for Loss or Damage 34 I I Page 3 Rev. Date: 11/2006 OPSS.MUNI 100 I I GC 6.03.06 Contractor's Equipment Insurance 35 GC 6.03.07 Insurance Requirements and Duration 35 I GC 6.04 Bonding 35 GC 6.05 Workplace Safety and Insurance Board 36 I SECTION GC 7.0 - CONTRACTOR'S RESPONSIBILITIES AND CONTROL OF THE WORK I GC 7.01 General 37 GC 7.02 Layout 39 I GC 7.03 Working Area 39 GC 7.04 Damage by Vehicles or Other Equipment 40 I GC 7.05 Excess Loading of Motor Vehicles 40 I GC 7.06 Condition of the Working Area 40 GC 7.07 Maintaining Roadways and Detours • 40 i GC 7.08 Access to Properties Adjoining the Work and Interruption of Utility Services 41 GC 7.09 Approvals and Permits 41 I GC 7.10 Suspension of Work 42 GC 7.11 Contractor's Right to Stop the Work or Terminate the Contract 42 I GC 7.12 Notices by the Contractor 42 GC 7.13 Obstructions 43 I GC 7.14 Limitations of Operations 43 GC 7.15 Cleaning Up Before Acceptance 43 GC 7.16 Warranty 43 I GC 7.17 Contractor's Workers 44 GC 7.18 Drainage 44 I SECTION GC 8.0 - MEASUREMENT AND PAYMENT I GC 8.01 Measurement 45 GC 8.01.01 Quantities 45 I GC 8.01.02 Variations in Tender Quantities 45 I Page 4 Rev. Date: 11/2006 OPSS.MUN! 100 I I I GC 8.02 Payment 46 I GC 8.02.01 Price for Work 46 GC 8.02.02 Advance Payments for Material 46 I GC 8.02.03 Certification and Payment 47 GC 8.02.03.01 Progress Payment Certificate 47 GC 8.02.03.02 Certification of Subcontract Completion 47 I GC 8.02.03.03 Subcontract Statutory Holdback Release Certificate and Payment 47 GC 8.02.03.04 Certification of Substantial Performance 48 GC 8.02.03.05 Substantial Performance Payment and Substantial Performance Statutory I Holdback Release Payment Certificates 48 GC 8.02.03.06 Certification of Completion 49 GC 8.02.03.07 Completion Payment and Completion Statutory Holdback Release Payment Certificates 49 I GC 8.02.03.08 Interest 50 GC 8.02.03.09 Interest for Late Payment 50 GC 8.02.03.10 Interest for Negotiations and Claims 51 1 GC 8.02.03.11 Owner's Set -Off 51 GC 8.02.03.12 Delay in Payment 51 GC 8.02.04 Payment on a Time and Material Basis ......... ........ .....__......,.. ........ ....._ _51 I GC 8.02.04.01 Definitions 51 GC 8.02.04.02 Daily Work Records 52 GC 8.02.04.03 Payment for Work 53 GC 8.02.04.04 Payment for Labour 53 I GC 8.02.04.05 Payment for Material 53 GC 8.02.04.06 Payment for Equipment 53 GC 8.02.04.06.01 Working Time 53 I GC 8.02.04.06.02 Standby Time 53 GC 8.02.04.07 Payment for Hand Tools 54 GC 8.02.04.08 Payment for Work by Subcontractors 54 GC 8.02.04.09 Submission of Invoices 54 I GC 8.02.04.10 Payment Other Than on a Time and Material Basis 55 GC 8.02.04.11 Payment Inclusions 55 I GC 8.02.05 Final Acceptance Certificate 55 GC 8.02.06 Payment of Workers 55 I GC 8.02.07 Records 55 GC 8.02.08 Taxes 56 I GC 8.02.09 Liquidated Damages 56 I I I Page 5 Rev. Date: 11/2006 OPSS.MUNI 100 1 SECTION GC 1.0 - INTERPRETATION GC 1.01 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" - American Association of State Highway Transportation Officials "AC I" - American Concrete Institute "ANSI" - American National Standards Institute "ASTM" - American Society for Testing and Materials "AWG" - American Wire Gauge "AWWA" - American Water Works Association "CCIL" - Canadian Council of Independent Laboratories "CESA" - Canadian Engineering Standards Association "CGSB" - Canadian General Standards Board "CSA" - Canadian Standards Association "CWB" - Canadian Welding Bureau "GC" - General Conditions "ISO" - International Organization for Standardization "MOE" - Ontario Ministry of the Environment "MTO" - Ontario Ministry of Transportation "MUTCD" - Manual of Uniform Traffic Control Devices (Replaced by OTM) "OPS" - Ontario Provincial Standard "OPSD" - Ontario Provincial Standard Drawing "OPSS" - Ontario Provincial Standard Specification "OTM" - Ontario Traffic Manual "PEO" - Professional Engineers Ontario "SAE" - Society of Automotive Engineers "SCC" - Standards Council of Canada "SSPC" - Structural Steel Painting Council "UL" - Underwriters Laboratories "ULC" - Underwriters Laboratories Canada GC 1.03 Gender and Singular References .01 References to the masculine or singular throughout the Contract Documents shall be considered to include the feminine and the plural and vice versa, as the context requires. GC 1.04 Definitions 1 .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. Date: 11/2006 OPSS.MUNI 100 ' 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. 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. Date: 11/2006 OPSS.MUNI 100 1 1 Contractor means the person, partnership, or corporation undertaking the Work as identified in the Agreement. , Controlling Operation means any component of the Work that, if delayed, may delay the completion of the Work. 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 m ean daily Records detailing the y y g e number and categories of workers and hours worked or on standby, types and quantities of Equipment and number of hours in use or on standby, and description and quantities of Material utilized. ' Day means a calendar day. Drawings or Plans mean any Contract Drawings or Contract Plans, or any Working Drawings or Working Plans, or any reproductions of drawings or plans pertaining to the Work. End Result Specification means specifications that require the Contractor to be responsible for supplying a product or part of the Work. The Owner accepts or rejects the final product or applies a price adjustment that is commensurate with the degree of compliance with the specification. 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 I 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 g Rev. Date: 11/2006 OPSS.MUNI 100 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 1 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. Date: 11/2006 OPSS.MUNI 100 I 1 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.I.8, as amended, executing a bond provided by the Contractor. Tender means an offer in writing from the Contractor, submitted in the format prescribed by the Owner, to complete the Work. , Time and Material means costs calculated according to clause GC 8.02.04, 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, I a) except Saturdays, Sundays and statutory holidays; b) except a Day as determined by the Contract Administrator, on which the Contractor is prevented by inclement weather or conditions resulting immediately therefrom, from proceeding with a Controlling Operation. For the purposes of this definition, this shall be a Day during which the Contractor cannot proceed with at least 60% of the normal labour and Equipment force effectively engaged on the Controlling Operation for at least 5 hours; c) except a Day on which the Contractor is prevented from proceeding with a Controlling Operation, as determined by the Contract Administrator by reason of, i. any breach of the Contract by the Owner or if such prevention is due to the Owner, another contractor hired by the Owner, or an employee of any one of them, or by anyone else acting on behalf of the Owner. ii. non - delivery of Owner supplied Materials. iii. any cause beyond the reasonable control of the Contractor that can be substantiated by the Contractor to the satisfaction of the Contract Administrator. 1 Page 10 Rev. Date: 11/2006 OPSS.MUNI 100 ' 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. ' 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 I 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.MUNI 100 1 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 1 b) other information specifically excluded from this warranty. GC 2.02 Order of Precedence I .01 In the event of any inconsistency or conflict in the contents of the following documents, such documents shall take precedence and govern in the following descending order: I a) Agreement b) Addenda I c) Special Provisions d) Contract Drawings I e) Standard Specifications f) Standard Drawings g) Instructions to Tenderers h) Tender i) Supplemental General Conditions j) General Conditions k) Working Drawings I 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; 1 Page 12 Rev. Date: 11/2006 OPSS.MUNI 100 1 I I c) Detailed Drawings shall govern over general Drawings; and I d) Drawings of a later date shall govern over those of an earlier date in the same series. .03 In the event of any inconsistency or conflict in the contents of Standard Specifications the following I descending order of precedence shall govern: a) Owner's Standard Specifications I b) Ontario Provincial Standard Specifications c) Other Standard Specifications, such as those produced by CSA, CGSB, ASTM, and ANSI and I referenced in the Ontario Provincial Standard Specifications .04 The Contract Documents are complementary, and what is required by any one shall be as binding as if required by all. I I I I I I I I I I I I I I Page 13 Rev. Date: 11/2006 OPSS.MUNI 100 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 t 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 OPSS.MUNI 100 ' 1 .13 If, in the opinion of the Contract Administrator, it is not expedient to correct defective work or work not performed in accordance with the Contract Documents, the Owner may deduct from monies otherwise due to the Contractor the difference in value between the work as performed and that called for by the Contract Documents, 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. 1 .17 If the Contract Administrator determines that any worker employed on the Work is incompetent, as defined by the Occupational Health and Safety Act, or is disorderly, then the Contract Administrator shall provide written notice to the Contractor and the Contractor shall immediately remove the 1 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 in qo cause delay in the Work. If either the Contractor or I the promptness Contract Administrator and orderly se so reuence questss as , they to not 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 1 Contract Documents, unless a deviation on the Working Drawings has been approved in writing by the Contract Administrator. 111 Page 15 Rev. Date: 11/2006 OPSS.MUNI 100 1 1 .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 I 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 1 .01 The Contractor shall, when requested in writing, make alterations in the method, Equipment, or work force at any time the Contract Administrator considers the Contractor's actions to be unsafe, or damaging to either the Work or existing facilities or the environment. .02 The Contractor shall, when requested in writing, alter the sequence of its operations on the Contract so as to avoid interference with work being performed by others. .03 Notwithstanding the foregoing, the Contractor shall ensure that all necessary safety precautions and protection are maintained throughout the Work. I 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. I 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 I .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 1 t d) Additional Work, clause GC 3.10.03. 1 .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; t 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; 1 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. 1 .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. Date: 11/2006 OPSS.MUNI 100 r r GC 3.09 Subcontracting by the Contractor .01 The Contractor may subcontract any part of the Work, subject to these General Conditions and any 1 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 t 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 I 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 Changes GC 3.10.01 Changes in the Work .01 The Owner, or the Contract Administrator where so authorized, may, by order in writing, make a Change in the Work without invalidating the Contract. The Contractor shall not be required to proceed with a Change in the Work until in receipt of a Change Order or Change Directive. Upon the receipt of such Change Order or Change Directive the Contractor shall proceed with the Change in the Work. .02 The Contractor may apply for an extension of Contract Time according to the terms of 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. I I Page 18 Rev. Date: 11/2006 OPSS.MUNI 100 1 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 1 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 1 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. Date: 11/2006 OPSS.MUNI 100 1 1 Documents. The Owner shall be responsible for any damage that occurs because of the Owner's use or occupancy. Such use or occupancy of any part of the Work by the Owner does not waive the Owner's right to charge the Contractor liquidated damages in accordance with the terms of the Contract. GC 3.13 Claims, Negotiations, Mediation 1 GC 3.13.01 Continuance of the Work .01 Unless the Contract has been terminated or completed, the Contractor shall in every case, after 1 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. I GC 3.13.02 Record Keeping .01 Immediately upon commencing work that may result in a claim, the Contractor shall keep Daily Work Records during the course of the Work, sufficient to substantiate the Contractor's claim, and the Contract Administrator shall keep Daily Work Records to be used in assessing the Contractor's claim, all in accordance with clause GC 8.02.07, Records. .02 The Contractor and the Contract Administrator shall attempt to reconcile their respective Daily Work Records on a daily basis, to simplify review of the claim, when submitted. If the Contractor and the Contract Administrator fail to reconcile their respective Daily Work Records, then the Contractor shall submit its Daily Work Records as part of its claim, whereby the resolution of the dispute about the Daily Work Records shall not be resolved until there is a resolution of the claim. .03 The keeping of Daily Work Records by the Contract Administrator or the reconciling of such Daily 1 Work Records with those of the Contractor shall not be construed to be acceptance of the claim. GC 3.13.03 Claims Procedure .01 The Contractor shall give verbal notice of any situation that may lead to a claim for additional payment immediately upon becoming aware of the situation. .02 The Contractor shall provide written notice in the standard form "Notice of Intent to Claim" within 1 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. I 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. 1 Page 20 Rev. Date: 11/2006 OPSS.MUNI 100 1 r r .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. GC 3.13.04 Negotiations .01 The parties shall make all reasonable efforts to resolve their dispute by amicable negotiations and agree to provide, without prejudice, open and timely disclosure of relevant facts, information, and documents to facilitate these negotiations. .02 Should the Contractor disagree with the opinion given in 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 .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 .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 .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. Date: 11/2006 OPSS.MUNI 100 1 r .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.17, as amended, shall apply to any arbitration conducted hereunder except to the extent that they are modified by the express provisions of subsection GC 3.14, Arbitration. GC 3.14.02 Arbitration Procedure .01 The following provisions are to be included in the agreement to arbitrate and are subject only to such I 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. I GC 3.14.03 Appointment of Arbitrator .01 The arbitrator shall be mutually agreed upon by the Owner and Contractor to adjudicate the dispute. I .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. I .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. 1 Page 22 Rev. Date: 11/2006 OPSS.MUNI 100 1 r 1 .03 The arbitration hearing shall be held in a place mutually agreed upon by both parties or in the event the parties do not agree, a site shall be chosen by the arbitrator. The cost of obtaining appropriate facilities shall be shared equally by the Owner and the Contractor. .04 The arbitrator may, in his or her discretion, award reasonable costs, related to the arbitration. GC 3.14.05 The Decision ' .01 The reasoned decision shall be made in writing within 90 Days of the conclusion of the hearing. An extension of time to make a decision may be granted with consent of both parties. Payment shall be made in accordance with clause GC 3.13.06, Payment. GC 3.15 Archaeological Finds .01 If the Contractor's operations expose any items that may indicate an archaeological find, such as 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. .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. 1 .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. 1 1 1 1 1 1 1 Page 23 Rev. Date: 11/2006 OPSS.MUNI 100 1 I SECTION GC 4.0 OWNER'S RESPONSIBILITIES AND RIGHTS GC 4.01 Working Area I .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 111 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. I .02 The Owner shall obtain and pay for all permits, licences, and certificates solely required for the design of the Work. I GC 4.03 Management and Disposition of Materials .01 The Owner shall identify in the Contract Documents the materials to be moved within or removed from the Working Area and any characteristics of those materials that necessitates special materials management and disposition. .02 In accordance with regulations under the Occupational Health and Safety Act, R.S.O. 1990, c.0.1, , 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 I 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 I disposing of any material not identified in the Contract Documents, or where conditions exist that could not have been reasonably foreseen at the time of tendering. All work under this paragraph shall be deemed to be Extra Work. 1 Page 24 Rev. Date: 11/2006 OPSS.MUNI 100 1 1 1 .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 I 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 1 Contractor's contractual obligations and instruct the Contractor to correct the default in the 5 Working Days immediately following the receipt of such notice. .02 If the Contractor is adjudged bankrupt, or makes a general assignment for the benefit of creditors because of the Contractor's insolvency or if a receiver is appointed because of the Contractor's insolvency, the Owner may, without prejudice to any other right or remedy the Owner may have, by giving the Contractor or receiver or trustee in bankruptcy notice in writing, terminate the Contract. 111 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 1 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 1 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. 1 Page 25 Rev. Date: 11/2006 OPSS.MUNI 100 1 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, I 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; I 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.MUNI 100 1 I .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 1 1 I 1 Page 27 Rev. Date: 11/2006 OPSS.MUNI 100 1 1 SECTION GC 5.0 - MATERIAL GC 5.01 Supply of Material I .01 All Material necessary for the proper completion of the Work, except that listed as being supplied by the Owner, shall be supplied by the Contractor. The Contract price for the appropriate tender items shall be deemed to include full compensation for the supply of such Material. GC 5.02 Quality of Material .01 All Material supplied by the Contractor shall be new, unless otherwise specified in the Contract Documents. .02 Material supplied by the Contractor shall conform to the requirements of the Contract. ' .03 As specified in the Contract Documents or as requested by the Contract Administrator, the Contractor shall make available, for inspection or testing, a sample of any Material to be supplied by the Contractor. .04 The Contractor shall obtain for the Contract Administrator the right to enter onto the premises of the Material manufacturer or supplier to carry out such inspection, sampling, and testing as specified in the Contract Documents or as requested by the Contract Administrator. .05 The Contractor shall notify the Contract Administrator of the sources of supply sufficiently in advance of the Material shipping dates to enable the Contract Administrator to perform the required inspection, sampling, and testing. .06 The Owner shall not be responsible for any delays to the Contractor's operations where the Contractor fails to give sufficient advance notice to the Contract Administrator to enable the Contract Administrator to carry out the required inspection, sampling, and testing before the scheduled shipping date. .07 The Contractor shall not change the source of supply of any Material without the written authorization of the Contract Administrator. .08 Material that is not specified shall be of a quality best suited to the purpose required, and the use of 1 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 I .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. r I Page 28 Rev. Date: 11/2006 OPSS.MUNI 100 1 I I GC 5.04 Substitutions 1 .01 Where the Contract Documents require the Contractor to supply a Material designated by a trade or other name, the Tender shall be based only upon supply of the Material so designated, that shall be regarded as the standard of quality required by the Contract Documents. After the acceptance of the Tender, the Contractor may apply to the Contract Administrator to substitute another Material identified by a different trade or other name for the Material designated as aforesaid. The application shall be in writing and shall state the price for the proposed substitute Material designated as aforesaid, and such other information as the Contract Administrator may require. .02 Rulings on a proposed substitution shall not be made prior to the acceptance of the Tender. Substitutions shall not be made without the prior approval of the Contract Administrator. The ' approval or rejection of a proposed substitution shall be at the discretion of the Contract Administrator. .03 If the proposed substitution is approved by the Contract Administrator, the Contractor shall be entitled to the first $1,000 of the aggregate saving in cost by reason of such substitution and to 50% of any additional saving in cost in excess of such $1,000. Each such approval shall be conveyed to the Contractor in writing or by issuance of a Certificate of Equality on the Owner's standard form of "Certification of Equality" and, if any adjustment to the Contract price is made by reason of such substitution, a Change Order shall be issued as well. GC 5.05 Owner Supplied Material ,. GC 5.05.01 Ordering of Excess Material .01 Where Material is supplied by the Owner and where this Material is ordered by the Contractor in excess of the amount specified to complete the Work, such excess Material shall become the property of the Contractor on completion of the Work and shall be charged to the Contractor at cost plus applicable overheads. ' GC 5.05.02 Care of Material .01 The Contractor shall, in advance of receipt of shipments of Material supplied by the Owner, provide adequate and proper storage facilities acceptable to the Contract Administrator, and on the receipt of such Material shall promptly place it in storage, except where it is to be incorporated forthwith into the Work. ' .02 The Contractor shall be responsible for acceptance of Material supplied by the Owner, at the specified delivery point and for its safe handling and storage. If such Material is damaged while under the control of the Contractor, it shall be replaced or repaired by the Contractor at no expense ' to the Owner, and to the satisfaction of the Contract Administrator. If such Material is rejected by the Contract Administrator for reasons that are not the fault of the Contractor, it shall remain in the care and at the risk of the Contractor until its disposition has been determined by the Contract ' Administrator. .03 Where Material supplied by the Owner arrives at the delivery point in a damaged condition or where there are discrepancies between the quantities received and the quantities shown on the bills of ' lading, the Contractor shall immediately report such damage or discrepancies to the Contract Administrator who shall arrange for an immediate inspection of the shipment and provide the Contractor with a written release from responsibility for such damage or deficiencies. Where damage or deficiencies are not so reported, it shall be assumed that the shipment arrived in good condition and order, and any damage or deficiencies reported thereafter shall be made good by the Contractor at no extra cost to the Owner. r Page 29 Rev. Date: 11 /2006 OPSS.MUNI 100 I I .04 The full amount of Material supplied by the Owner in each shipment shall be accounted for by the Contractor and such Material shall be at the risk of the Contractor after taking delivery. Such 111 Material shall not, except with the written permission of the Contract Administrator, be used by the Contractor for purposes other than the performance of the Work under the Contract. .05 Empty reels, crates, containers, and other type of packaging from Material supplied by the Owner shall become the property of the Contractor when they are no longer required for their original purpose and shall be disposed of by the Contractor, unless otherwise specified in the Contract Documents. .06 Immediately upon receipt of each shipment, the Contractor shall provide the Contract Administrator copies of bills of lading, or such other documentation the Contract Administrator may require to substantiate and reconcile the quantities of Material received. .07 Where Material supplied by the Owner is ordered and stockpiled prior to the award of the Contract, the Contractor shall, at no extra . cost to the Owner, immediately upon commencement of operations, check the Material, report any damage or deficiencies to the Contract Administrator and take charge of the Material at the stockpile site. Where damage or deficiencies are not so recorded by the Contractor, it shall be assumed that the stockpile was in good condition and order when the Contractor took charge of it, and any damage or deficiencies reported thereafter shall be made good by the Contractor at no extra cost to the Owner. I r I I r r Page 30 Rev. Date: 11/2006 OPSS.MUNI 100 1 r 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. I .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, I 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 r 1 .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 Contractor's Insurance GC 6.03.01 General .01 Without restricting the generality of subsection GC 6.02, Indemnification, the Contractor shall provide, maintain, and pay for the insurance coverages listed under clauses GC 6.03.02 and GC 6.03.03. Insurance coverage in clauses GC 6.03.04, GC 6.03.05, and GC 6.03.06 shall only apply when so specified in the Contract Documents. .02 The Contractor shall provide the Contract Administrator with an original Certificate of Insurance for each type of insurance coverage that is required by the Contract Documents. The Contractor shall ensure that the Contract Administrator is, at all times in receipt of a valid Certificate of Insurance for each type of insurance coverage, in such amounts as specified in the Contract Documents. The Contractor will not be permitted to commence work until the Contract Administrator is in receipt of such proof of insurance. The Contract Administrator may withhold payments of monies due to the Contractor until the Contractor has provided the Contract Administrator with original valid Certificates of Insurance as required by the provisions of the Contract Documents. GC 6.03.02 General Liability Insurance 1 .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 1 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. Date: 11/2006 OPSS.MUNI 100 ' 1 .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.MUNI 100 1 I 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 1 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. I 1 1 Page 34 Rev. Date: 11/2006 OPSS.MUNI 100 1 I I GC 6.03.06 Contractor's Equipment Insurance I .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 I 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 I Contractor's Equipment, the Owner agrees to waive the equipment insurance requirement, and for the purpose of this Contract, the Contractor shall be deemed to be insured. This policy shall be amended to provide permission for the Contractor to grant prior releases with respect to damage to the Contractor's Equipment. I GC 6.03.07 Insurance Requirements and Duration .01 Unless specified otherwise, the duration of each insurance policy shall be from the date of I 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 I 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 I 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. I .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 I 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 I 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. I GC 6.04 Bonding .01 The Contractor shall provide the Owner with the surety bonds in the amount required by the tender documents. I .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. I 1 I Page 35 Rev. Date: 11/2006 OPSS.MUNI 100 1 1 GC 6.05 Workplace Safety and Insurance Board .01 The Contractor shall provide the Contract Administrator with a copy of a Certificate of Clearance 1 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. 1 1 1 1 1 1 1 1 1 1 1 1 Page 36 Rev. Date: 11/2006 OPSS.MUNI 100 1 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.MUNI 100 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 111 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 to 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. I .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. 1 Page 38 Rev. Date: 11/2006 OPSS.MUNI 100 1 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 lay out the Work, all as shown on the Contract Drawings. .02 The Contractor shall be responsible for the preservation of all property bars while the Work is in progress, except those property bars 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 lay out the baseline and benchmarks, and as may be necessary for the inspection of the Work. .04 The Contractor shall provide qualified personnel to lay out and establish all lines and grades ' necessary for construction. The Contractor shall notify the Contract Administrator of any layout work carried out, so that the same may be checked by the Contract Administrator. .05 The Contractor shall install and maintain substantial alignment markers and secondary benchmarks ' as may be required for the proper execution of the Work. The Contractor shall supply one copy of all alignment and grade sheets to the Contract Administrator. .06 The Contractor shall assume full responsibility for alignment, elevations, and dimensions of each ' and all parts of 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. Date: 11/2006 OPSS.MUNI 100 I 1 .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, R.S.O. 1990, c.H.8, as amended, whether such vehicle is registered in the name of the Contractor or otherwise, except where there are designated areas within the Working Area where overloading is permitted. The Contractor shall bear the onus of weighing disputed loads. GC 7.06 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. 1 .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. Page 40 Rev. Date: 11/2006 OPSS.MUNI 100 ' 1 .07 Compensation for all labour, Equipment, and Materials to do this Work shall be at the Contract ' prices appropriate to the Work and, where there are no such prices, at negotiated prices. Notwithstanding the foregoing, the cost of blading required to maintain the surface of such roads and detours shall be deemed to be included in the prices bid for the various tender items and no additional payment shall be made. .08 Where work under the Contract is discontinued for any extended period, including seasonal shutdown, the Contractor shall, when directed by the Contract Administrator, open and place the ' Roadway and detours in a passable, safe, and satisfactory condition for public travel. .09 Where the Contractor constructs a detour that is not specifically provided for in the Contract Documents or required by the Contract Administrator, the construction of the detour and, if required, ' the subsequent removal shall be performed at the Contractor's expense. The detour shall be constructed and maintained to structural and geometric standards approved by the Contract Administrator. Removal and site restoration shall be performed as directed by the Contract Administrator. .10 Where, with the prior written approval of the Contract Administrator, the Highway is closed and the traffic diverted entirely off the Highway to any other Highway, the Contractor shall, at no extra cost to the Owner, supply, erect, and maintain traffic control devices in accordance with the OTM. .11 Compliance with the foregoing provisions shall in no way relieve the Contractor of 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. 111 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. Date: 11/2006 OPSS.MUNI 100 1 GC 7.10 Suspension of Work .01 The Contractor shall, upon written notice from the Contract Administrator, discontinue or delay any I 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. Date: 11/2006 OPSS.MUNI 100 ' 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.MUNI 100 1 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. I Page 44 Rev. Date: 11/2006 OPSS.MUNI 100 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: 1 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 1 paid. Written requests for compensation must be received no later than 60 Days after the issuance of the Completion Payment Certificate. 1 Page 45 Rev. Date: 11/2006 OPSS.MUNI 100 1 GC 8.02 Payment GC 8.02.01 Price for Work .01 Prices for the Work shall be full compensation for all labour, Equipment and Material required in its performance. The term "all labour, Equipment, and Material" shall include Hand Tools, supplies, and other incidentals. .02 Payment for work not specifically detailed as part of any one item and without specified details of payment 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 1 procedure: i. Sources Other Than Commercial (1) Granular A, B, BI, BII, BIII, 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. I I Page 46 Rev. Date: 11/2006 OPSS.MUNI 100 ' 1 1 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.MUNI 100 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 . 1 amended, publish a copy of the certificate in a construction trade newspaper. Such publication shall include placement in the Daily Commercial News. .04 Where the Contractor fails to publish a copy of the Certificate of Substantial Performance as ' required above within 7 Days after receiving a copy of the certificate signed by the Contract Administrator, the Owner may publish a copy of the certificate at the Contractor's expense. .05 Except as otherwise provided for in Section 31 of the Construction Lien Act, the 45 Day lien period , prior to the release of holdback as referred to in. clause GC 8.02.03.05, Substantial Performance Payment and Statutory 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; 1 Page 48 Rev. Date: 11/2006 OPSS.MUNI 100 1 I I d) the amount of maintenance security required; and I 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 I payment certificate. .04 The Substantial Performance Statutory Holdback Release Payment Certificate shall be a payment I 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: 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 such as outstanding work or matters arising out of subsection GC 3.13, Claims, Negotiations, Mediation; I 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 I been discharged except for statutory holdbacks properly retained; c) a satisfactory Certificate of Clearance from the Workplace Safety and Insurance Board; and I d) proof of publication of the Certificate of Substantial Performance. GC 8.02.03.06 Certification of Completion I .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. I .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. I GC 8.02.03.07 Completion Payment and Completion Statutory Holdback Release Payment Certificates I .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. 1 .02 The Completion Payment Certificate shall show, a) measurement and value of Work at Completion; I 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 I c) the amount due the Contractor. .03 The Completion Statutory Holdback Release Payment Certificate shall be a payment certificate I 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 I Contractor of the following documents: I Page 49 Rev. Date: 11/2006 OPSS.MUNI 100 a) a release by the Contractor in a form satisfactory to the Contract Administrator releasing the Owner from all further claims relating to the Contract, qualified by stated exceptions where appropriate; b) a statutory declaration in a form satisfactory to the Contract Administrator that all liabilities incurred by the Contractor and the Contractor's Subcontractors in carrying out the Contract have been discharged, qualified by stated exceptions where appropriate; and c) a satisfactory Certificate of Clearance from the Workplace Safety and Insurance Board. GC 8.02.03.08 Interest .01 Interest due the Contractor is based on simple interest and is calculated using the applicable Rate of Interest. GC 8.02.03.09 Interest for Late Payment .01 Provided the Contractor has complied with the requirements of the Contract, including all ' documentation requirements, when payment by the Owner to the Contractor for Work performed, or for release of statutory holdback, is delayed by the Owner, then the Contractor shall be entitled to receive interest on the outstanding payment at the Rate of Interest, if payment is not received on the dates set out below: a) Progress Payment Certificates: 30 Days after the Cut -Off Date; , b) Certificate of Subcontract Completion: 30 Days after the date certified as the date on which the subcontract was completed; c) Subcontract Statutory Holdback Release Payment Certificate: 76 Days after the date on which the subcontract was completed; d) Substantial Performance Payment Certificate: 30 Days after the date of issuance of the ' certificate; e) Substantial Performance Statutory Holdback Release Payment Certificate: 76 Days after publication of the Payment Certificate of Substantial Performance; f) Completion Payment Certificate: 30 Days after the date certified as the date on which the Contract reached Completion; 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 8.02.03.09.01, interest shall only begin to accrue when the Contractor has completed those requirements. ' 1 1 Page 50 Rev. Date: 11/2006 OPSS.MUNI 100 ' 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 time 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 111 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: 11/2006 OPSS.MUNI 100 Payroll Burden means the payments in respect of workplace insurance, vacation pay, employment insurance, public liability and property damage insurance, sickness and accident insurance, pension fund, and such other welfare and benefit payments forming part of the Contractor's normal labour costs. Rented Equipment means equipment that is rented or leased for the special purpose of Work on a Time and Material Basis from a person, firm, or corporation that is not an associate of the lessee as the word "associate" is defined by the Securities Act, R.S.O. 1990, c.S.5, as amended, and is approved by the Contract Administrator. Road Work means the preparation, construction, finishing, and construction maintenance of roads, streets, Highways, and parking lots and includes all work incidentals thereto other than work on structures. Sewer and Watermain Work means the preparation, construction, finishing, and construction ' maintenance of sewer systems and watermain systems, and includes all work incidental thereto other than work on structures. Standby Time means any period of time that is not considered Working Time and which together with the Working Time does not exceed 10 hours in any one Working Day and during which time a unit of equipment cannot practically be used on other work but must remain on the site in order to continue with its assigned task and during which time the unit is in fully operable condition. Structure Work means the construction, reconstruction, repair, alteration, remodelling, renovation, or demolition of any bridge, building, tunnel, or retaining wall and includes the preparation for and the laying of the foundation of any bridge, building, tunnel, or retaining wall and the installation of equipment and appurtenances incidental thereto. The 127 Rate means the rate for a unit of Equipment as listed in OPSS 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. 1 Page 52 Rev. Date: 11/2006 OPSS.MUNI 100 ' 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 I $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 Payment for Equipment GC 8.02.04.06.01 Working Time ' .01 The Owner shall pay the Contractor for the Working Time of all Equipment, other than Rented Equipment and Operated Rented Equipment, used on the Work on a Time and Material basis at The 127 Rates with a cost adjustment as follows: a) Cost $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. Date: 11/2006 OPSS.MUNI 100 the Contract Administrator. This shall include Rented Equipment intended for use on other work, but has been idled due to the circumstances giving rise to the Work on a Time and Material Basis. .02 In addition, the Owner shall include the Cost of Labour of operators or associated labourers who cannot be otherwise employed during the standby 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 1 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. i Page 54 Rev. Date: 11/2006 OPSS.MUNI 100 ' I I .03 Each month the Contract Administrator shall include with the monthly progress payment certificate, I 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. I .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. I 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 I Additional Work. GC 8.02.04.11 Payment Inclusions I .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 U 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 I .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 I case may be, and the Contractor has discharged all obligations under the Contract. GC 8.02.06 Payment of Workers I .01 The Contractor shall, in addition to any fringe benefits, pay the workers employed on the Work in accordance with the labour conditions set out in the Contract and at intervals of not less than twice a month. I .02 The Contractor shall require each Subcontractor doing any part of the Work to pay the workers employed by the Subcontractor on the Work in accordance with paragraph GC 8.02.06.01. I .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. I 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 I 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 I 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 I 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. I I Page 55 Rev. Date: 11/2006 OPSS.MUNI 100 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 111 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 the Contract, the Contractor shall pay such amounts as are specified in the Contract Documents. I 1 1 1 Page 56 Rev. Date: 11/2006 OPSS.MUNI 100 ' AGREEMENT CONTRACT NO. BR906 THIS AGREEMENT MADE IN TRIPLICATE THIS 12 DAY OF July , 2012. BETWEEN: MUNICIPALITY OF KINCARDINE (hereinafter called "the Owner ") 1475 Concession 5, R. R. 5 OF THE FIRST PART Kincardine, ON N2Z 2X6 - and - Van Driel Excavating Inc. (hereinafter called "the Contractor ") 37594 Telephone Road, PO Box 339 OF THE SECOND PART Clinton, ON NOM 1L0 WITNESSETH That the Owner and the Contractor, in consideration of the fulfilment of their respective promises and obligations herein set forth covenant and agree with each other as follows: ARTICLE 1 a) A description of the work is: Municipality of Kincardine, Park Street Bridge, Contract No. BR906. 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 A -2 a) Agreement b) Addenda I c) Special Provisions d) Contract Drawings I e) f) Information to Bidders Standard Specifications g) Standard Drawings I h) Form of Tender i) Supplemental General Conditions j) General Conditions I k) Working Drawings I ARTICLE 3 The Contractor shall not without the consent in writing of the Owner (or the Engineer) and I 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. I ARTICLE 4 The Owner covenants with the Contractor that the Contractor having in all respects complied I with the provisions of this contract, will be paid for and in respect of the works the sum of One Hundred and Ninety One Thousand, Nine Hundred and Ninety Seven Dollars and Thirty Four Cents I ($191 ,997.34) subject to such additions and deductions as may properly be made under the terms hereof, subject J Yp p Y � subject to the provision that the Owner may make payments on account monthly or otherwise as may be provided in the attached hereto. I ARTICLE 5 I Where any notice, direction or other communication is required to be or may be given or made by one of the parties hereto to the other or to the 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: I B. M. ROSS AND ASSOCIATES LIMITED Engineers and Planners I 62 North Street Goderich, ON N7A 2T4 1 A -3 Where any such notice, direction or other communication is given or made to the Engineer, a ' copy thereof shall likewise be delivered to any agent of the Engineer appointed in accordance 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 enterin g 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. 1 1 A -4 ARTICLE 10 1 This contract shall apply to and be binding on the parties hereto and their successors, administrators, executors and assigns and each of them. I 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. 1 FOR THE OWNER: :z._ 1 Si lure e 1 t , D - _` I/We have the authority to bind the corporation. L-, i -2-43, % Signature Name Title ..-5r... 1 I/We have the authority to bind the corporation. 1 I f FOR THRCONTRACTOR: 1 - _ � (�� J C - Sta ll ? M ll1 �r11 r.. �. U 'r CS�NC N-f t- l�d- w z e Name Title e I/We have the authority to bind the corporation. 1 Signature Name Title Date I I/We have the authority to bind the corporation. 1 1 F: \wp \ContractsWorms\A- I -4.doc 1 1 Page 1 MUNICIPALITY OF KINCARDINE 1 NOTICE TO ALL CONTRACTORS CORPORATE STATEMENT 1 OCCUPATIONAL HEALTH AND SAFETY The Corporation of the Municipality of Kincardine is committed to ensuring that a high standard of health and safety is provided and maintained for all employees' visitors, guests, contractors, agents and others on our premises. Accordingly, a corporate health and safety policy and procedure manual has been adopted and implemented and shall be adhered to. ALL CONTRACTORS SHALL: 1. Demonstrate establishment and maintenance of health and safety program with objectives and standards consistent with applicable legislation and with the Municipality of Kincardine's health and safety policies and requirements. 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 1 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. 1 Your co- operation and assistance in this matter is appreciated and vital to the Health and Safety of all. 1 1 1 Z: \wp \Contracts\Forms \KINCARDINE Health and Safety Form doc 1 Page 2 MUNICIPALITY OF KINCARDINE 1 OCCUPATIONAL HEALTH AND SAFETY COMPLIANCE FORM 111 I have read the "Municipality of Kincardine, Notice to All Contractors, Corporate Statement of Occupational Health and Safety" and agree to comply with it. 1 1 ontractor s Name Date 1 1 1 1 1 1 1 1 1 1 1 1 Z: \wp \Contracts\Forms \KINCARDINE Health and Safety Form.doc 1 1 CONTRACT RELEASE I IN THE MATTER of a Contract dated , 20 , 1 known as Contract for the construction of 1 in the , Ontario KNOW ALL MEN BY THESE PRESENTS that UWe 1 (name of Contractor, in full) I 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 1 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 1 action and actions, cause and causes of action, suits, debts, dues sums of money, claims and demands whatsoever at low or in equity which UWe ever had or now have, or which UWe or my /our heirs, executors, administrators or assigns or successors and assigns, as the case may be, 1 hereafter can, shall or may have by reason of the above - mentioned Contract, save and except any claim which UWe have arising out of; I 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; 1 3) (if none, state "none ") 1 IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals. 1 1 SIGNED, SEALED AND DELIVERED ) ) ) 1 Witness or Company Seal i F: \wp \Contracts\Forms \Contract Release.doc 1 STATUTORY DECLARATION RE PAYMENT OF ACCOUNTS 1 DOMINION OF CANADA (IN THE MATTER of a contract, known as Contract (entered into between I ( ( AND the Owner ( the Contractor 1 (dated , 20 (for the construction of ( 1 (in , Ontario. TO WIT: 1 I, of in the Province of , do solemnly declare: 1 1. That I am X of the (President, Secretary, Treasurer, a Partner, etc.) I 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. I 1990, c.C.30 and amendments thereto, with the requirements of statutes and regulations of the Province of Ontario relating to the payment of fair wages and with the requirements of the said Contract relating to the payment of wages. I 3. That with the exception of accounts listed below, all liabilities (including payment due to all staff, sub - contractors, suppliers, Workers' Compensation Board, insurance companies) incurred by the said Contractor arising out of our work performed, have been discharged. Name & Address of Creditor Service Rendered Amount Total 1 Outstanding 1 I (If there are no accounts, enter "NONE" above) AND I MAKE THIS SOLEMN DECLARATION conscientiously believing it to be true and I knowing that it is of the same force and effect as if made under oath and by virtue of "The Canada Evidence Act ". I DECLARED before me at the ) of ) in the County of ) I this day of ) A.D. 20 ) 1 A Commissioner, etc. or Notary Public ) F: \wp \Contracts\Forms\Payment of Accounts.doc 1 1 STATUTORY DECLARATION RE LIENS & LIABILITIES I DOMINION OF CANADA (IN THE MATTER of a contract, known as Contract (entered into between ( the owner ( AND ( the Contractor (dated 20 (for the construction of I ( (in Ontario. TO WIT: 1 I I, of in the Province of do solemnly declare: 1 1. That I am of the (President, Secretary, Treasurer, a Partner, etc.) 1 Contractor named in the Contract above - mentioned and as such have personal knowledge of the facts hereunder declared. I 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. 1 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 1 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 1 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 I 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 I believe that no such claim will be made. AND I MAKE THIS SOLEMN DECLARATION conscientiously believing it to be true and knowing that it is of the I same force and effect as if made under oath and by virtue of "The Canada Evidence Act ". DECLARED before me at the ) of ) I in the County of ) this day of ) A.D. 20 ) I ) A Commissioner, etc. or Notary Public I F: \wp \Contracts\Fonns\Liens.doc 1 1 Area under �,, construction e € Z ",& ' i End � run 1 vv man run �/ �W +w„ !, : End run � — ww ``---� aWG Area under protection il 1 —_ Wu VW kw/ S PERSPECTIVE VIEW I Area under construction Direction of flow — Straw bale barrier 1 I I---- Area under protection II 1 SECTION Straw bales Direction of flow Note 1 ' Typ Stakes 150mm A from end of bales 1 2� . t er 1 e ga\ r � rl • • r� • ■ m �� e d \,s4 Main run 1\' 1 PLAN q� Straw bale Stake driven flush 1 NM( Bale ties not to be in contact with 1 ground Mill Direction I > 75 1 1 I Earth surface 1 of flow I I Trench to be backfilled y and compacted SECTION A —A I NOTES: 1 Straw bales to be butted tightly against adjoining bales to prevent sediment flow through barrier. 1 A All dimensions are in millimetres unless otherwise shown. ONTARIO PROVINCIAL STANDARD DRAWING Nov 2006 I Rev I 1 fig 1 LIGHT —DUTY tc ° 0 7 6 STRAW BALE BARRIER "`- 1 OPSD 219.100 1 Area under I construction f \ , End 1 .1% W v ‘ 40 11 wnv run B i f t m ain run i r ti t 20 , I S,W 1 r End run . / wt. iti III MI 11111 IIIIIII 414 Area under protection ii W � W _�� n+ vu y it /u VIII/ Area under PERSPECTIVE VIEW construction Direction of flow 1 1 > Silt fence barrier Area under protection I SECTION h Direction of flow 1 tv 2.3m max, Typ 7777 • Main run 1 1 PLAN �► Stake 1 1 Geotextile c 1 E 300mm min E of geotextile • E in trench 1 0 Direction i of flow Trench to be backfilled and compacted Earth surface 1 o 0 N } O co X200 1 1 NOTE: SECTION A -A 1 A All dimensions are in millimetres unless otherwise shown. 1 ONTARIO PROVINCIAL STANDARD DRAWING Nov 2006 I Rev I 1 std,, revki LIGHT -DUTY 02 1 SILT FENCE BARRIER - e OPSD 219.110 , 1 1 , Direction_ of flow Stakes 150mm Straw bales C A - from end of bales v Note 1 A 1 t . . . • . ( . . ■ . . ■ ■ ? . . • . . 1 . . . . . . . - PLAN I I-► — FLAT BOTTOM DITCH C I Earth grooe�/ / Stakes driven flush Type 2 tt �0 1 / � ,i� Low point \�� \ m of end bales / � � lkilit\ Botto / ,4- -,- \ 1 of downstream row to Trench be higher than the low point of flow check. 1 j r t r 1 Downstream bale position SECTION A -A outlined. 1 — _ Typ Direction of flow Straw bales Stakes 150mm C - Note 1 V from end of _ bales 6 . _I B 1 - .....1..... - 1 Li■ - 1 PLAN C V —DITCH 1 . Earth 9r ode Stakes driven flush ! Low point \I 010 \ 7111 \ \ \ Trench Bale ties not to be I I 7 5 ■ ■■ r ground contact with S ECTION B -B ■ ■■ radii UM ■ I Trench to be backfilled and compacted 1500 NOTES: SECTION C -C I 1 Number of bales varies to suit ditch. 2 Straw bales to be butted tightly against adjoining bales and shaped to conform to the sides of the ditch to prevent water flow through barrier. 1 A All dimensions are in millimetres unless otherwise shown. ONTARIO PROVINCIAL STANDARD DRAWING Nov 2006 I Rev I 1 STA4, N 1 Q kV' STRAW BALE FLOW CHECK DAM %q,0 OPSD 219.180 ■ \ \ WATERBODY \ \ \ Floatation WORK AREA Load line \ \ *\ \ \ Inflection point A A L - 33JA Mooring buoy `� Typ ` WATERBODY Anchor sufficient to provide NON WORK AREA positive positioning of turbidity curtain PLAN Tie down Ballast Water Mooring buoy Formed and heat line Load line sealed or sewn seam AI OPSD 219.261 I U Formed and heat Water Existing — Mooring line sealed or sewn seam line ground 19mm nylon or 10m max '" OPSD 219.261 surface polypropylene � ` Turbidity curtain rope geosynthetic Bottom of waterbody IOW Adjustment lines SECTION A -A Typ NOTES: A All dimensions are in millimeters unless otherwise shown. ONTARIO PROVINCIAL STANDARD DRAWING Nov 2006 I Rev 1 1 swat TURBIDITY CURTAIN ikl -� OPSD 219.260 • M- MI W MI I E MI S• ON SW MI - M MN • • 1 1 E ` o 0 E E4) 0 to w ,�\ Water level - II i Load line - - ,Ile 111 Floatation I - �i� - � II II 1 Upper sleeve Formed and heat II sealed or sewn seam U 1 I I 1 Turbidity curtain geosynthetic < Formed and heat ;; Adjustment lines 1 sealed or sewn seam / / --------- 00 . 1 Lower sleeve 41110 Ballast 8mm steel chain III Bottom of waterbody 1 OBLIQUE VIEW NOTES: I A All dimensions are in millimeters. ONTARIO PROVINCIAL STANDARD DRAWING Nov 2006 I Rev I 1 . 1 TURBIDITY CURTAIN % , b ' �c. AN SEAM DETAIL 4L 1 OPSD 219.261 Waterbody bank Typ Flow Oo .00000000�0000 00 • • 9.Q6OO� OOoOp00 0 ilMWpo O.• _ en o w o v -o � w y 'v my > N v 0 6 000 ooOOOOOOc9ooO Oo Q• • • 1. 00 COOo00000 OOCDO OO I I PLAN VIEW Water level Bank 1m or less Fill as specified if required �, ►. to obtain driveable grade Watercourse bed Geotextile Rounded stone as specified as specified, typ PROFILE VIEW NOTE: A Approaches to the temporary ONTARIO PROVINCIAL STANDARD DRAWING Nov 2000 I Rev I 0 ,' ST,� crossing shall be clearly marked TEMPORARY WATERBODY CROSSING B Schematic only. �,���� FORD . ,��_.., OPSD - 221.050 - - s MN OM MN M - r - - - • MI N - • I I I I I I I Appendix A I Existing Easement I 1 1 I I t 1 1 I 1 1 I I Appendix A — Existing Easement 1 , r _ �,r z I ,.. Existing 1 • Easement r y Bridge F. • 75ST - ALBE i P I 1 a { i , e '� r rr e: i• .,: r � � I •:)LOUnt�of B�um10G9.Pmt efmw unec mom ham mm� Ithe6ifau Gmva�eiOaa E>An9n _ .�n _ '_ i_ - -._ UUf'1 I 1 I I I I I Appendix B Environmental Commitments and SVCA Permit 1 ' BR906 — Kincardine Pedestrian Bridge Environmental Commitments 1.0 PURPOSE This document has been prepared to provide a summary of environmental commitments associated with the above noted pedestrian bridge construction project for use by the Contract Administrator when preparing contract documents. The document will also be utilized to advise the client and contractor of environmental commitments associated with a specific project. 2.0 BACKGROUND The Penetangore River Pedestrian Bridge project was categorized as a Schedule `B' project under the terms of the Municipal Class Environmental Assessment (Class EA) process. The project was screened in accordance with the Class EA process and was initiated in July 2009 and was completed in October 2010, at the conclusion of the 30 day mandatory public review period. 111 A number of environmental commitments were identified during completion of the Environmental Assessment process that will need to be implemented during the construction ' phase of the project. These include: a) Agency requirements. b) Environmental mitigation measures. These specific commitments are summarized below and are outlined in detail on the attached 1 Environmental Mitigation Table. 3.0 PERMIT REQUIREMENTS 1 3.1 Conservation Authority A permit has been obtained from the Saugeen Valley Conservation Authority (SVCA). The permit contains specific conditions related to construction of the project which must be adhered to during construction. A copy of the permit is provided in Appendix `A' and should be posted on site at all times during construction. 4.0 ENVIRONMENTAL MITIGATION MEASURES 4.1 Sediment and Erosion Control 1 The Penetangore River must be protected against sediment intrusion through the installation of silt fencing, straw bale silt barriers (in ditches), and other protective measures. The location of these protection measures will be confirmed at the pre - construction meeting. A turbidity curtain shall be installed adjacent to the south river bank prior to excavation of the Y adjacent P pier proposed in this location. Ensure that the turbidity curtain is properly installed prior to excavation of the pier. 1 2 r 4.2 Rip Rap Erosion Protection Following excavation of the south pier, the stream bank is to be restored and protected with rock 1 rip rap erosion protection, underlain with filter cloth. The filter cloth and rock rip rap are to be keyed into the bank and form a smooth transition through the work area. The rip rap shall extend from around the base of the pier to the edge of water and incorporate any areas disturbed during excavation. 4.3 Vegetation Removal 1 Vegetation removal will be limited as much as possible to retain natural riparian vegetation communities and protect the river bank from erosion. Vegetation removal, grubbing or limb removal should also be limited along the site access routes and adjacent to the bridge site to prevent sediment loss and erosion. 1 4.4 Timing Windows In -water works will only be permitted between July 1 and September 15 2012. If in -water 1 works cannot be completed within the specified timing window, the Municipality of Kincardine and the SVCA must be notified prior to September 15 2012. ' 4.5 Refueling/Storage of Equipment Storage of construction equipment and refueling stations should be located at least 20 metres from the watercourse to prevent leaks or spills from entering the channel. Similarly, construction debris should be stored away from the watercourse. 1 4.6 Site Access Should a bed level crossing be required to access the bridge site, rounded stone that is free of fines should be utilized. Any crossings should occur during the approved timing windows and must not block the flow of water downstream. Following completion of the project, the material should be removed or redistributed in the channel in a manner that does not block or impede long term flows within the channel. 5.0 CONTACTS B. M. Ross and Associates Limited — (519) 524 -2641 1 Sharon Anderson, EIT — Project Engineer Kelly Vader, RPP — Environmental Planner - Site Supervisor — To be Determined Municipality of Kincardine — (519) 396 -3468 x -120 Gagan Sandhu — Director of Public Works Saugeen Valley Conservation Authority — (519) 367 -3040 Nathan Garland - Regulations Coordinator 1 MB • - - - - N r - - s N - - - s ENVIRONMENTAL MITIGATION TABLE (To be used during Pre - construction Meeting and in conjunction with Environmental Commitments Document) BR906 — Kincardine Pedestrian Bridge Feature Potential Mitigation Installation/Timin Issues Impact Measure g Inspection Issues Penetangore Entry of Silt Fencing* Install parallel to the watercourse and around soil stock piles or Ensure that toe of fencing is keyed into soil. Inspect after every rainfall River deleterious exposed soils. Install before start of construction, maintain and event to ensure that fencing is not breached and any accumulated sediment material (soil, keep in place until project completed. is removed. debris, etc.) Straw Bale Check Install in ditches or any other depression that may conduct water Ensure that straw bales are staked into place and bottom of straw bales are Dams* toward the river. Install after stripping topsoil and grading ditch, trenched into the base of channel (6 ") and inspected regularly to ensure maintain and keep in place until project completed that accumulated sediment is removed. Minimize vegetation All disturbed areas should be protected against erosion with filter Ensure that disturbed areas are protected against erosion. Should be removal and limit of mats, etc. upon completion of earth works. inspected after every rainfall event to ensure that significant erosion has exposed soils* not occurred and that vegetation is being established. Fisheries In -water work In -water work will only be permitted between July 1 2012 and Ensure that no in -water work occurs outside of approved timing windows. September 15 2012. Stream Crossing To access north side of the river, a bed level crossing comprised Ensure that low level crossing is installed prior to equipment access across of rounded clean stones can be installed in the channel. Stream the channel. Ensure that clean, rounded stone is utilized and that flows are flows must not be blocked. Upon completion, stone must be not blocked. Ensure that stone is removed or redistributed in a manner that removed or redistributed in the channel in a manner that does not does not impact long term flow patterns. impact the long term flow pattern. Rip Rap Erosion Rip rap erosion protection is to be placed around the base of all Ensure that stone is keyed in around base of piers and abutments. Protection piers and abutments to protect against scour. A portion of the south river bank will be excavated to install a Ensure that turbidity curtain is installed prior to excavation and that it is Turbidity Curtain bridge pier. Prior to excavation the channel will be protected installed properly. through installation of a turbidity curtain to contain the work area and prevent sediment from entering the channel. Entry of Proper storage of Protect watercourse or ditches that convey water from possible Meet with contractor before construction starts and discuss where deleterious equipment/fuels. spills or leaks from machinery. Ensure that contractor staging equipment and fuel will be stored. Ensure that locations meet criteria material (fuels, areas and equipment storage areas are situated away from the noted at left. Ensure that an emergency spills kit is available on site. chemicals) Refueling away from river and any channels that may convey flows to the river. Report any spills into watercourses to spills action centre. watercourse Riparian Habitat loss Limit vegetation Minimize the removal of vegetation wherever possible. Discuss limits of vegetation removal with contractor before start of Vegetation removal along river Specifically adjacent to the bridge site and along the equipment construction. Stress importance of leaving vegetation intact wherever valley access routes. possible. * The location and type of sediment and erosion control measures will be discussed at the pre- construction meeting when the extent of excavation and vegetation removal is finalized. r 1 �� AUGEEN June 11 2012 CONSE RVATION B.M. Ross and Associates 1078 Bruce Rd. 12, 62 North Street P.O. Box 150 Formosa ON Kincardine, ON f Canada NOG I WO NOB 2S0 Tel 519 -367 -3040 ' Fax 519- 367 -3041 ATTN: Kelly Vader, Environmental Planner, BM Ross publicinfo @svca.on. ca wwwsvca.on.ca Dear Ms. Vader: RE: Application to Alter a Watercourse Park Street Park Lots 11,12 Park Street East; Park Lot 1 Wellington South Geographic Town of Kincardine Municipality of Kincardine SVCA Permit No. 12 -062 The Saugeen Valley Conservation Authority (SVCA) has approved your application to construct a 75 meter pedestrian truss bridge crossing the Penetangore River. This approval is subject to conditions, which are stated on the permit. If you cannot comply with any condition listed as part of this approval, then you must not begin the project and you must notify the SVCA. ' In addition, the SVCA reviewed this project for potential impacts on fish habitat on behalf of the federal Department of 1 Fisheries and Oceans, for compliance with Section 35(1) of the Fisheries Act. The SVCA has concluded that physical impacts to fish habitat will be satisfactorily addressed or mitigated provided that the 1 application as submitted and the SVCA permit conditions are complied with. i Conservation T n � L/" A MEMBER OF 1 Conservation itrroyal ONTA I r 1 I Municipality of Kincardine June 11 2012 Page 2 Thank you for your cooperation. Should you have any questions, please do not hesitate I to contact Nathan Garland of this office. Yo sincerely, , Z 1 mes H. Co Chief Adminis rative fficer 1 NG/ I Encl. cc: Ron Coristine , Director, SVCA (via email) I Mike Leggett, Directors, SVCA (via email) Stew Andrew, MNR, Owen Sound Municipality of Kincardine, 1475 Concession 5, RR #5, Kincardine, N2Z 2X6: ATTN: Don I Huston 1 1 1 1 1 1 1 1 • /1 I PERMIT NO. 1 12 -062 I //> PERMIT �� j U 6Ef Conservation Authorities Act, R.S.O., 1990, Chap. C27 CO J RVI\ FfON I 1078 Bruce Road 12 Box 150 SCHEDULE 0 OF Ei Formosa, ON NOG MO 519 -367 -3040 P6 THIS PERMIT ISSUED ON June 11 2012 AND EXPIRES ON June 1 1th, 2013 0 Permit for Major Works El Permit for Minor Works © Permit for Standard/Other Works 1 PERMIT TO: X Alter a Watercourse Place Fill or do Grading in a Regulated Area 1 Construct a Building in a Regulated Area — Construct a Structure in a Regulated Area 1 In accordance with Regulation 169/06 and amendments thereto, permission is granted to: Name: Municipality of Kincardine 1 Mailing Address: 1475 Concession 5, RR#5 Municipality: Kincardine, ON 1 Postal Code: N2Z 2X6 Phone No.: 1 -519- 396 -3468 1 For the following works: To construct a 75 meter pedestrian truss bridge across the Penetangore River. at Lot: Park Lots 11 and 12 Plan No.: Concession: Park Street East Municipality: P ty of ICmcardme Municipality I (Geographic Town of Kincardine) for the period of: See Schedule 2 1 SUBJECT TO THE SPECIFIC CONDITIONS STATED IN SCHEDULE 2 TO THIS PERMIT: 1 NOTE: BEGIN YOUR PROJECT ONLY IF YOU, THE APPLICANT, AGREE TO ALL OF THE SPECIFIC AND GENERAL CONDITIONS STATED IN THIS PERMIT. IF YOU DISAGREE WITH ANY CONDITION, YOU MUST NOTIFY THE SVCA AND YOU MUST NOT BEGIN YOUR PROJECT. GENERAL C ITION : See 'everse side of this form. 111 ..,-, I, 1/4„... Chief Adnunis1ativ Offi 1 Signature o uthority 0 lc/ 1 Title ' ORTANT! Read the reverse of this form 1 PERMIT NO. 12 -062 1 SCHEDULE © OF 1 APPLICANT: Municipality of Kincardine 1 SPECIFIC CONDITIONS: 1. All works shall be completed in accordance with the Permit Application dated November 24 2009 and the plans received April 25 2012. 2. Should a temporary bed -level crossing be required to construct the project any fill material imported shall be rounded and shall not prevent flow at any time. Restoration/Removal of the temporary crossing location must be done upon completion of works and the site shall be restored to the pre - construction elevation and grade. 1 3. All in- channel works shall be done between July 1 2012 and September 15 2012. 1 4. If de- watering is to be used during construction, the discharge must be directed toward a grassed area to allow sediment to settle out of the water before returning to the watercourse. Sediment laden water shall not be allowed to enter or be deposited into the watercourse. 1 5. Appropriate sediment controls measures shall be used and maintained at all times during the work and until all disturbed areas have been stabilized to prevent sediment from entering the watercourse. 6. All activities, including equipment maintenance procedures, shall be controlled to prevent the entry of petroleum products, debris, concrete, or other deleterious substances into the water. Refueling and maintenance of equipment shall be conducted away from the water. 1 7. Rip -Rap shall be installed adjacent to the abutments to prevent erosion and maintain long term sediment control. 1 1 1 1 1 1 1 1 111 GENERAL CONDi77ONS 1 The applicant, by acceptance and in consideration of the issuance of this permit, agrees to the following condtfons: 1. The applicant shall comply with the Specific Conditions in the attached schedules. 2. This permit is valid only for the time period specified and the applicant agrees to request an extension 1 from the Saugeen Valley Conservation Authority prior to the expiration of this period should an extension be required. 1 3. This permit does not preclude any other legislation, federal or provincial, or necessary approvals from the local municipality. 4. Authorized representatives of the Saugeen Valley Conservation Authority may, at any time, enter onto the lands which are described herein in order to make surveys, examinations, investigations or inspections which are required for the purpose of ensuring that the work(s) authorized by this permit are being carried out according to the terms of this permit. 5. The applicant agrees ' (a) to indemnify and save harmless on a solicitor and client basis, the Saugeen Valley Conservation Authority and its officers, employees, or agents, from and against all damage, loss, costs, claims, demands, actions and proceedings, arising out of or resulting from any act or omission of the owner and/or applicant or of any of his/her agents, employees or contractors relating to any of the particulars, terms or conditions of this permit; (b) that this permit shall not release the applicant from any legal liability or obligation and remains in force subject to all limitations, requirements and liabilities imposed by law; (c) that all complaints arising from the execution of the works authorized under this permit shall be reported prior to the expiration of this permit by the applicant to the Saugeen Valley Conservation Authority. The applicant shall indicate any action which has been taken, or is planned to be taken, if any, with regard to each complaint; (d) that the permit issued herein is based upon the plans or sketches submitted to the Saugeen 111 Valley Conservation Authority and the accuracy of the matters contained in the application to the Authority. 6. This permit is not assignable. , 7. The applicant acknowledges that should the works be carried out in contrary to the terms of this permit, the permit may be revoked and the applicant may be in violation of the Saugeen Valley Conservation Authority's Development, Interference with Wetlands and Alterations to Shorelines and Watercourses Regulation (Ontario Regulation 169/06), and subject to the penalties Imposed under the Conservation Authorities Act, R.S.O, 1990, Chap. C27, as amended. , This permit is a public record which is accessible upon request. This information in this permit is collected under the authority of the Conservation Authorities Act, R.S.O, 1990, Chap. C27, as amended. 2007 1 I I I I I I I Appendix C I Existing 36 m Span Shop Drawings I I I I 1 I I 1 I I NM MI IIIIIr MI UN MI IIIIIII MI al ill — — • - NM r n s • NOTE: 1 ,.4%. N ■ J ,c 36033 [I 18 r1 OVERALL HORIZONTAL LENGTH or BRIDGE 1� • HANGER BRACKETS - SHOWN AS ®. I i 14 BAYS (g 1220 = 17080 920 ' TO g_emoVeD . 0% Tcri - A-0 . 920 14 BAYS (g 1 220 = 1 7080 -------- - BOLT SPUCE DIAGONAL END VERTICAL LOCATION I DIAGONAL HORIZONTAL SAFETY RAIL TOP CHORD • �. - - - BOITOM M �_ h WIND FLOOR BEAM CHORD L .- . "In . t DIAGONAL r 1 ELEVATION SUPPORT TOWER (SUPPLIED AND INSTALLED • BY OTHERS) PRESSURE TREATED ( -swim STRINGER S.P.F WOOD DECK • FLOOR BEAM _ . I t • 1IN/I\-1/I► �I► IIW/ INIIWIMI ' I MIIIIWI 1\11%IW111I0 /PAWN I/I11111121111.11,lA Ilk} /0 1500 • ,!kir,� �u�w��M�rO>•��r�MIIP ��► r � (4.117 END DIAGONAL TOP/BOTTOM CHORD • t FLOOR BEAM PLAN .111.1....... NO. REVISION DATE BY WIDTH OF BRID 500 ' _ BRI APPROXIMATE WEIGHT: 9864 250 SHIRLEY AVENUE sigMP. KITCHENER, ONTARIO N2D -2E1 INC. TEL 5 15- 743 -4353 FAX 515- 743 -3404 J Tom' ELEVATION AND PLAN PROJECT: • DWG. NO.: �� 155U5 11111111111111111 TI OWN. BY: TIM ..10D NO.. CCJE. g m N.T.S. This drawing ei cop/notated w ted rind Is the adrve p:oportyd eagle (Woo Inc. IU rcgdanaa cost dutes an agreeaiant that it shall be treated as a strictly confidential doaaneod d .Cosa 1 on returned up request W n not to to cmuaunoted. disclosed or coped ompt ad nF.* authorized m w:hng by Cola Braga Inc. Reprodunben oleos print or mastts:mud __ used of patented or patentetAa krturea disclosed hereon a prohibited. • I . . . . - • I 500 TOP CHORD 1 a ( Tc , VERTICAL --......... !: 0 DECK FASTENING C) DECK FASTENING 1320 \) DETAIL TOP VIEW cc ( 1354 ( b . NO. REVISION DATE BY DIAGONA1 ------ 7 ,-....-- - --- VERTICA) I. 011111111111•11101■111111 4111111•11 • 1 ( ) 134 PRESSURE TREATED STAMP. TIT. 1 S.P.F. WOOD DECK T CD--"■•••/111 . 1 r 1111 1 - . HORIZONTAL SAFETY RAIL . 11 , Allnk a Borrom iN dl■ ENINININ - I ii111■111111MMILIIIIMIN li MI!IIIIMINIIIIIIL__ _ CHORD 1 1 1111, . ..----- 111 . illi - Tr - WIND DIAGONAL STRiNGER FLOOR BEAM . RANGER HANGER,BRACKETS 110 I3E RE/wove BRACKET HARDWARE 61111111•11=1/111.1 =OWN Aillaiii O LE B11110 r° 8 e - REA4avFo. - VIIMIIIMIIIIMIllina 1 loommaummEllIMMIII. 250 SHIRLEY AVENUE KITCHENER, ONTARIO N213-2E1 .. I TEL 519-743-4353 FAX 519-743-3404 TITLE: IIIIMME PROJECT: 11.1.11.111.rnt W il... NOMMINIMI10.1.01.. TYPIC:Al FiRInC4F 9FCTION DWG. NO.: 15510 m OWN. BY: al MON IIIIMIls I FILE: MINMOS JOB NO 5CALE: I Mii Ult 11. dn.., as comyhtcd . to the a... ruff-4y of Colo ISIdv Ma Its seceptama congiutc3. M.... *It. b.1.1. • WA confuletal daemon.. a shal be reluivd um tamat sod 0 MC ta be ccraunoted, dodo. or =pa cscept ss cgre.sVaA,.., a .try ty Ga0 ark* lc Iterralud., al Au pot or ..tbons.. wad al vososed or pat.. kw= bnckm. ...to prchlatel IIIII • MI MI • MI • MI • MI elli • MR MI • MI VIII MB fall '/ us ei4 / No. DATE REVISION 1 Sept 21, 2009 Issued for Nav Waters Approval 2 Nov 18, 2009 Issued for SVGA Approval 3 May 9, 2012 Issued for Client Review 4 May 23, 2012 Issued for Westario Review 5 June 27, 2012 Issued for Tender 6 July 16, 2012 Issued for Construction .___.______._....__— .___... 18 6 184 /� GRANULAR FILL AT / 1 , BRIDGE APPROACH _ �� 1 82 �" ,Ross 1„,............_ - --,"11:1;� engineering better communities 18_ - -EL. 0 hI ,x °r,� zt a t I 179.70 178 1 76 Goderich (519) 524-2641 I Mount Forest (519) 323 -2945 1.0m 13900 5.270* _174 Kincardine Trail Association Park St. Pedestrian Bridge (South Penetangore) General Arrangement Plan Contract No. Project No. 1 BR906 Scale Drawing No. As Shown 1 II