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Home My WebLink About13 021 Kincardine Water Treatment Plant Clearwell Cleanout/Repair and Backwash Pump Installation (BGL Contracators Corp) Tender Acceptance THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE KBT wow • ,y. K , AlI1Y OF KINCn BY -LAW NO. 2013 - 021 BEING A BY -LAW TO ACCEPT A TENDER FOR KINCARDINE WATER TREATMENT PLANT CLEARWELL CLEANOUT /REPAIR AND BACKWASH PUMP INSTALLATION (BGL Contractors Corp.) • AND 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 authorizes lower -tier municipalities to pass by -laws respecting public utilities; AND WHEREAS pursuant to the said Municipal Act, Sections 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 a municipality 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 the Council of The Corporation of the Municipality of Kincardine deems it necessary for Kincardine Water Treatment Plant Clearwell cleanout/repair and backwash pump installation; • NOW THEREFORE the Council of The Corporation of the Municipality of Kincardine ENACTS as follows: 1. That The Corporation of the Municipality of Kincardine accept a tender from BGL Contractors Corp., in the amount $225,999 including applicable taxes for Kincardine Water Treatment Plant Clearwell cleanout/repair and backwash pump installation; 2. That the Mayor and Chief Administrative Officer be 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. • .../2 Page 2 Kincardine Water Treatment Plant Clearwell Cleanout/Repair and Backwash Pump Installation (BGL Contractors Corp.) Tender Acceptance By -law By -law No. 2013 - 021 111 4. This by -law may be cited as the "Kincardine Water Treatment Plant Clearwell Cleanout/Repair and Backwash Pump Installation (BGL Contractors Corp.) Tender Acceptance By -law ". READ a FIRST and SECOND TIME this 21 day of February, 2013. ayor Clerk READ a THIRD TIME and FINALLY PASSED this 21 day of February, 2013. cg ayor Clerk • • • ,-- ,/ BMROSS engineering better communities B. M. ROSS AND ASSOCIATES LIMITED Engineers and Planners 62 North Street, Goderich, ON N7A 2T4 File No. 12223 p. (519) 524 -2641 • f (519) 524 -4403 www.bmross.net March 8, 2013 BGL Contractors Corp COPY 1773 Erb's Road W. St. Agatha, ON NOB 2L0 RE: Municipality of Kincardine; Water Treatment Plant Clearwell Cleanout & Backwash Pump Installation The Municipality of Kincardine has accepted your tender in the amount of $225,999 (HST included) for the above project. We are enclosing three copies of the contract documents, which have been prepared based on your tender. Please check to ensure that the prices correspond exactly with your tender as submitted and arrange for execution of the contract under your corporate seal. We have used March 8, 2013 as the official date for this agreement. Please ensure that all bonds and other documents for the contract refer to this date. All three copies should be signed and returned to B. M. Ross and Associates Limited, along with your Performance Bond. We also require for our records, a copy of the Certificate of Insurance for your general liability policy including proof of deductible, as per GC6.03.02.01 (listing as additional insureds, the Municipality of Kincardine and B. M. Ross and Associates Limited), as well as a WSIB Certificate. Enclosed, for your information, is a copy of the BMROSS Insurance Checklist that may be referenced during the preparation of the Insurance Certificate. Once we have reviewed these documents, they will be forwarded to the Municipality of Kincardine for signature. -" Yours very truly B. M. ROSS AND ASSOCIATES LIMITED Per Richard R. Anderson, P. Eng. RRA :es Encl. c.c. Gagan Sandhu, Municipality of Kincardine Z: \17773. Kincardine- Clearwell _Cleanout- Backwash_Pump\ W P\17773 -13Mar8 TenderAccept- Contractor let.docx Agenda Council 0 Hie Igo. v.i 0 3 eime4..41... Consont 0 14/44,.. C..-eai a Nn i- 121,7...C2 Corlel Other Pion f- CAO 0 0 /ce la Go Clerk 0 0 per; -Oz i Ttiacury 2 0 0 ! 0 r7 9 ., .., -.A ...4„, :-.11 0 tesnner: t 0 0 TourlyniGuirct.aLar. 0 DC . 31ECEIVEID MAR 1 3 2013 Other. 0 ( BMROSS engineering better communities B. M. ROSS AND ASSOCIATES LIMITED Engineers and Planners 62 North Street, Goderich, ON N7A 2T4 File No. 12223 p. (519) 524 -2641 • f. (519) 524-4403 www.bmross.net March 15, 2013 Gagan Sandhu, Director of Public Works Municipality of Kincardine 1475 Concession 5, R. R. 5 Kincardine, ON N2Z 2X6 Dear Sir Re: Municipality of Kincardine Kincardine Water Treatment Plant Clearwell Cleanout and Backwash Pump Installation Enclosed are three copies of the above noted contract signed by BGL Contractors Corp., along with the Performance Bond, Certificate of Insurance, and WSIB Certificate. Please have all three copies signed on Page A -4 and forward one copy to BGL, 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. Thank you. Yours very truly B. M. ROSS AND ASSOCIATES LIMITED Per k - Richard R. Anderson, P. Eng. Its RRA:dmd (� Encl. /1 Z:1 12223 - Kincardine- Clearwell_ Cleanout- Backwash_Pump1WP 1 2223- 13Mar15 MunicipalityTenderSigning.doc Bay Adelaide Centre T R I S U R A® 333 Bay Street, n o e 1610, Box 22 Toronto, onto, ON N MSH 2R2 Phone: (418) 214 -2555 Fax: (416) 214 -9597 PERFORMANCE BOND No. TCS0080329 Bond Amount: $225,999.00 BGL Contractors Corp. as Principal, hereinafter called the Principal, and TRISURA GUARANTEE INSURANCE COMPANY a corporation created and existing under the laws of Canada 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 Two Hundred and Twenty Five Thousand Nine Hundred and Ninety Nine Dollars And No Cents ($225,999.00) 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 the 8th day of March, 2013, for Project No. 12223, Contract No. 1, Kincardine Water Treatment Plant Clearwell Cleanout and Backwash Pump Installation 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 hereunder, 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 boQa'datedttte'fith day of March, 2013. SIGNED and SEALED BGL Contractors 8oip. — _ in the presence of = — Otlft �/ a1�V ) �� 4 y nesOls to Princi al Principal Trisura Gua ntee insurance Company Louise Keck, Atto? iy -iii -fact Endorsed by — CCDC 221 CCDC 221 2002 has been y approved by'1trritwix�aew+oa.,oE�anals ( Jan. 2003 — Performance Bond CCA - Standard) •, -• - wsib (mimed Clearance Certificate / Certificat de decharge Contractor Legal / Contractor Address / Contractor Principal Legal / Principal Address / Clearance Certificate Validity period dd- Trade Name 1 Adresse de Classification Unit Trade Name / Adresse de Number / Numoro du mmm-yyyy) / Periode dc Appellation ('entrepreneur and Description / Appellation ('entrepreneur certiflcat de charge de validito commerciale ou Unito de classification commercials ou principal (jj /mm /aaaa) raison sociale de de ('entrepreneur et raison sociale de t'entrepreneur description ('entrepreneur principal BGL CONTRACTORS 1773 ERB'S RD W, ST 4021 -099: CORPORATION OF 1475 CONCESSION 5 E2000002L121 11- Mar -2013 to 19- CORP. AGATHA, ON, NOB INDUSTRIAL, THE MUNICIPALITY RR 5, KINCARDINE, May -2013 2L0, CAN COMM /CONSTRUCTI OF KINCARDINE / ON, N2Z 2X6, CAN ON KINCARDINE 1000 -005: NON- MUNICIPALITY EXEMPT PRTNRS /EO IN RG 723 Page 1 of 1 y ( "/0 CII'a This certificate Is Issued n a matter of information only and confers no rights upon the certificate holder and Imposes no liability on the Insurer. This certMcate does not amend, extend or after the coverage afforded by the policies below. O CERTIFICATE HOLDER - NAME AND MAILING ADDRESS ® INSURED'S FULL NAME MO MAIUNG ADDRESS Munidpality of Kincardine BGL Contractors Corp. 8 Belmont Group Limited 1475 Concession 5 1773 Erb's Rd. West, St. Agatha, ON NOB 2L0 R. R. #5 ® DESCRIPTION OF OPERATIONS /LOCATIONS/AUTOMOBILES/SPECIAL ITEMS (but orty with MIMI to the oo&elbrw of the Menial flared) General Contractor - Industrial, Commercial, Residential Kincardine ON 1 POSTAL N 2Z 2X5 Re: Project No. 12223, Contract No. 1, Kincardine Water Treatment Plant Cleanvell CODE Geanout and Backwash Pump Installation ® 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 UNITS OF UABILITY TYPE OF INSURANCE INSURANCE COMPANY EFFECTIVE DATE EXPIRY DATE Dian donuts unless Indicated otlnrwbe) AND POLICY NUMBER (yyyyMMdd) tyyvyMMdd) COVERAGE OED. AMOUNT OF INSURANCE COMMERCIAL GENERAL LIABIUTY Intact Insurance Company 2012 - 07 - 30 2013 - 30 COMJERGULODERALUBNRY $1000 ❑CLAIMS MADE Qa 0 OCCURRENCE 501283483 BODILY INJURY/ND PROPERTY DRAGE UABLITY- GEIER% AGGREGATE a PRODUCTS AND IOR COMPLETED OPERATIONS EACH OCCURREICE $2,000,000 ❑ EMPLOYERS MABLITT PRODUCTS AND COMPLETED OPERATICS* $2,000,000 AGGR a CROSS UANLITY IC7 TENANTS LEGAL LIABILITY �SONALAND ADVERT1SING INJURY $2,000,000 ❑ NONOMNED AUTOMOBILES ❑ FIRED AUTOMOBILES MEDICAL PAYMENTS $10,000 ❑ POLLUTION LIAOIUTY EXTENSION TENANTS LEGAL UABLITY $1,000 $1,000,000 IAN OWNED AUTOMOBLE AUTOMOBILE LIABILITY BODILY INJURY AND ❑ DESCRIBED AUTOMOBILES PROPERTY MWOF ❑ N.L OWNED AUTOS COMBINED ❑ LEASED AUTOMOBILES^ BODILY NARY ❑ FER PERSON) ❑ BODILY INJURY (PERACCIOENII •• ALL MJYaMOMLEA LEASED N EXCESS OF Y DAYS MERE TMEMUM IS MINIM PROPERTY DAMAGE TO Peeve*MSSNwCE EXCESS LIABILITY GCAN Insurance Company 2012 2013 - 07 - 30 EACH OCCURRENCE $10,000 $3,000,000 el UMBRELLA FORM 9140352 AGGREGATE 53,000,000 ❑ OTHERSRN UMBRELLA FORM UPrdh) OTHER LIABILITY (SPECIFY) Intact Insurance Company 2013-03-11 2013 -04 -30 ❑ Property Insurance 501283483 Installation Floater (Broad Form) $2,500 $225,999 0 0 0 ® CANCELLATION Should any of the above described policies be cancelled before the expiration date thereof. the Issuing company will endeavour to mail Thirty (30) days written notice to the certificate holder, but failure to mall such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives. ® BROKER'S FULL NAME AND MAIUNG ADDRESS ADDITIONAL INSURED NAME AND MAIUNG ADDRESS Stevenson and Hunt Insurance Brokers Limited Municipality of Kinrardlne and Wellington Square 400 -250 Voris Street B. M. Ross and Associates Limited London ON CODE NBABK2 BROKER'S CLIENT ID: BELG50 IC ® CERTIFICATE AUTHORIZATION SIGNATU AUTHOR U PRINT NAME POSITION HELD DATE S TATIVE Louise Keck Surety Customer SenAce Broker March 11, 2013 ... OMPANY EMAIL ADDRESS CONTACT NUMBER HOME Stevenson and Hunt Insurance Brokers Lim louise.keckggsthuntcom " FELL BUSINESS (519) 9833533 FAX (519) 848 -5812 CSIO • CERTIFICATE OF INSURANCE - 11806E O 2006, Centre for Study of Insurerlos Operations. All rights reserved. J i ._. „. ( "1(I (1 l'-1 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. 5 CERTIFICATE HOLIER - NAME AND MAILING ADDRESS ® INSURED'S FULL NAME AND MAIUNG ADDRESS Munidpality of Kincardine BGL Contractors Cap. 8 Belmont Group Limited 1475 Concession 5 1773 Erb's Rd. West, St. Agatha, ON NOB 2L0 R. R. Iy5 =DESCRIPTION OF OPERATI ONSILOCATIONSIAUTOMOBILESISPECIAL MIS (but onto wlM mooed to he apereibnc of the Named Insured) General Contractor - Industrial, Commercial, Residential Kincardine ON POSTAL N2Z ?) Re: Project No. 12223, Contract No. 1, Kincardine Water Treatment Plant Cleerwell CODE Cleanout and Backwash Pump Installation ® COVERAGES This M 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 wNch this certlhcate may be Issued or may pertain. The Insurance afforded by the policies deealbed herein Is subject to all terms, exclusions and conditions of such policies. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS LUSTS OF UABILRY TYPE OF INSURANCE INSURANCE COMPANY EFFECTIVE DATE EXPIRY DATE (Cowden dollars unless IndleaM A eatarVAaa) AND POLICY NUMBER &Yid MMdd) tYnr-MMdd) COVERAGE DEO. AMOUNT OF INSURANCE COMMERCIAL GENERAL UABIUIY Intact Insurance Company 2012 -07-30 2013-07 -30 COMMERCIAL GENERAL UAatm 501283493 BTU NAURTAND PRCPERW DAMAGE ❑ CUM MADE QS ❑ OCCURRENCE LMBLNTY- GENERAL AGGREGATE ❑ PRODUCTS AND / CO COMPLETE] OPERATIONS EACH OCCURRENCE ❑ EMPLOYERS LIABILITY PRODUCTS AND COMPETED OPERATIONS ❑ CROSS LM&LRY AGGREGATE ❑ TEJANfS LaiAL LIABILITY PERSONAL ARDADVERTISING INJURY UANUTY a NON-0WNED AUTOMOBILES la MREO AUTOMOBILES MEDICAL PAYMENTS ❑ POLLUTION MERIT/ EXTENSION TENANTS LEGAL LIABILITY NON OWNED NITOMDOLE $2,000,000 AUTOMOBILE LABILITY Intact Insurance Company 2012 - 31 2013 - 07 - 31 BADLY INJURY AND ❑ DESCRIBED AUTOMOBILES 730508076 PROPERTY DAMAGE $2,000,000 ❑ ML01VNEDAUIOS COMBINED ❑ LEASEO AUTOMOBILES” BODILY INJURY ❑ O'ER PERSON) ❑ BODILY MANY **AU. AYrmuONW LW® IN OXCEN OF PERACCDENTI se DAYS VNRNTAR INWARD 11UN1NARD PROPERTY DAMAGE TO PROMO NIYMNCI EXCESS UABILITY GCAN Insurance Company 2012 -07-30 2D13-07 -30 EACH OCCURRENCE 810,000 53,000,000 El UMBRELLA FORM 9140352 AGGREGATE 53,000,000 ❑ OTHER TRW UMBRELLA FORM PiaN) OTHER UABIUTY (SPECIFY) 0 0 0 0 ® CANCELLATION ® BROKER'S FULL NAME AND MAILING ADDRESS ADDITIONAL INSURED NAME AND MAILING ADDRESS Stevenson and Hunt Insurance Brokers Limited Wellington Square 400 -250 York Street London ON IDEAL NBABK2 BROKER'S CLIENT ID: BELG50 COST R AT AUTHORIZATION TIWRIZATN SIONATU AUTHOR ED PRINT NAME POSITION HELD DATE R ATNE Louise Keck Surety Customer Service Broker March 11, 2013 COMPANY EMAIL ADDRESS CONTACT NUMBER HOME CELL Stevenson and Hunt Insurance Brokers Lim louise.kedcjIethunt.com BUSINESS (518) 893 -0533 FAX (51 g) 949 -5812 CSIO - CERTIFICATE OF INSURANCE - 0808E O 2006, Centro b Study of Insane* Operators. MI name reenact, ..r:CC C L 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 certlflcate does not amend, extend or alter the covera e afforded by the policies below. II CERTIFICATE HOLDER • NAME AND MAILING ADDRESS INSURER'S FULL NAME AND MAILING ADDRESS Municipality of Kincardine BGL Contractors Corp. & Belmont Group Limited 1475 Concession 5 1773 Erb's Rd. West, St. Agatha, ON NOB 2L0 R. R. R5 ® DESCRIPTION OF OPERATIONSILOCATIONSIAUTOMOSILESISPECIAL ITEMS Worry with mooed to the owsdone of IM Named Insured) General Contractor - Industrial, Commercial, Residential POSTAL Re: Project No. 12223, Contract No. 1, Kincardine Water Treatment Plant Clealwell i Kincardine ON 1 C N 2 Xa Cleanout and Backwash Pump Installation ® COVERAGES inn is to certify that the pollees of Insurance listed below have been Issued to the klsured named above for the policy pedod Indicated notwahstanding any requkement term or condlaon 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 terns, exclusions and condkions of such polices. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS UNITS OF LIABILITY TYPE OF INSURANCE INSURANCE COMPANY EFFECTIVE DATE EXPIRY DATE (Canadian dalWs unless Indicated otherwbe) AND POLICY NUMBER enw -mmdd) brrr-MMdS COVERAGE DED. AMOUNT OF INSURANCE COMMERCIAL GENERAL LIABILITY intact Insurance Company 2012 -07 -30 2013 -07-30 COMMERCIAL GENERA LIABILITY 501283463 BODILY NJURYAND PROPERWWAAGGE $1,000 ❑ CLAIMS MADE DH a OCCURRENCE UPBLUY- GENERAL AGGREGATE 0 PR0WCTSAN I OR OOMPLETED OPERATIONS EACH OCCURRENCE 32,000,000 ❑ EMPLOYERS LIABILITY PRODUCTS AND COMPLETED OPERATIONS $2000,000 a CROSS unary AGGREGATE unary a TENANTS LEGAL LIABILITY L S VU ANDAOYERTBINGINJURY $2,000,000 ❑ HON-0WNED AUTOMOBILES ❑ HIRED AUTOMOBILES MEDICAL PAYMENTS 310,000 ❑ POLLUTION UABIUTY EXTENSION IENANrS LEGAL LLANUTY 31,000 31,000,000 NON OWNED AUTOMOBILE AUTOMOBILE LIABILITY BODILY INURYANO ❑ DESCRIBED AUTOMOBILES PROPERTY DAMAGE ❑ ALL OWNED AUTOS GOSSIPED ❑ LEASED AUTOMOBILES" BODILY INJURY ❑ PER PERSON) ❑ GODLY INJURY '• ALL MITCMOSEXCESS 3 LEASED IN EXCESS OF (PER ACCIDENT) a DAYS WHERE THE INURED la REQUIRED PROPERTY DAMAGE TO PROVIDE INSURANCE EXCESS UABILITY GCAN Insurance Company 2012 -07-30 2013-07 -30 EACH OCCURRENCE 310,000 35,000,000 0 UMBRELLAFOM 9140352 AGGREGATE 53,000,000 ❑ OTHER THAN UMBRELLA FORM MOON) OTHER UABIUTY (SPECIFY) Intact Insurance Company 2013-03 -11 2013-04 -30 ❑ Property Insurance 501283483 Installation Floater (Broad Form) 32,500 $225,999 0 0 • CANCELLATION Should any of the above described policies be cancelled before the expiration date thereof, the issuing company will endeavais to mall Thirty (30) days written notice to the certificate holder, but failure to mall such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives. • BROKER'S FULL NAPE AND MAILING ADDRESS ADDITIONAL INSURED NAME AND MATING ADDRESS Stevenson and Hunt Insurance Brokers Limited Munidpality of Kinrerdine and Wellington Square 400 - 250 York Street B. M. Ross and Assodates Limited London ON I E'LL NBA 6K2 BROKER'S CLIENT ID: BELG50 ADE • CERTIF it AUTHORIZATION SIGNAT OF AUTH PRINT NAME POSITION HELD DATE R TROVE- Louise Keck Surety Customer Sonia, Broker March 11, 2013 MPANY EMAIL ADDRESS CONTACT NUMBER Stevenson and Hunt Insurance Brokers Lim louise.keckgsthuntcom HOME FELL eusNESS (519) 983J533 FAX (519) 8405812 CSIO • CERTIFICATE OF INSURANCE • 0808E C 2006, Centre for Study ct Insurance Operations. All rights reserved. Ir. _r:CC ) =' 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 certMate does not amend, extend or alter the coverage afforded by the policies below. CERTIFICATE HOLDER • NAME AND MAIUNG ADDRESS ® INSURED'S FULL NAME AND MAILING ADDRESS Municipality of Kincardine BGL Contractors Corp. 8 Belmont Group Limited 1475 Concession 5 1773 Erb's Rd. West, St. Agatha, ON NOB 2L0 R. R.415 ® EM DESCRIPTION OF OPERATIONS/LOCATIONS/AUTOMOBILES/SPECIAL ITS Nltonly with respect to the operations of he Nand Insured General Contractor - Industrial, Commercial, Residential Kincardine ON POSTAL N22 2X6 Re: Project No. 12223. Contract No. 1, Kincardine Water Treatment Plant Cleerwell CODE Cleanout and Backwash Pump Installation ® 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 notwfhstandkig any requkemen4 tens or condition d to of any contract or other dornent with raspe whldi this certificate may be issued or may pertain. The insurance afforded by the policies Oeacribed herein is subject to all terms, exclusions and conditions of such policies. LIMITS SHOWN MAY HAVE BEEN REDUCED BY MID CLAIMS UNITS OF LIABILITY TYPE OF INSURANCE INSURANCE COMPANY EFFECTNE DATE EXPIRY DATE (CMladan HIGIMn unless Indicated otherwise) AND POLICY MEMBER bYYLHdd) DIMA - MMdd) COVERAGE DED. AMDR C r'+4 E COMMERCIAL GENERAL LABIUTY Intact insurance Company 2012 -07 -30 2013-07 -30 Cara/mC1N.GB1ERx LLABLm BODILY MAURY AND PROPERTY DAME 501283463 Gums woe ❑ OCDUIRENCE uAaLm- GENERAL AGGREGATE ❑ PRooucisMDJ Da COMPLETED OPERATORS EACH OCCURRENCE ❑ EMPLOYERS LIABILITY AGGREGATE COMPLETED OPERATIONS ❑ =Ss UASLITY AGGREGATE ❑ TENANTS LEGAL LKBLITY PERSONAL AND ADVERTISING INJURY UABLITY 0 NON -OWNED AUTOMOBILES la HIRED AUTOMOBLES MEDICAL PAYMENTS ❑ POLLUTION umpire EXTENSION TENANTS LEGAL LIANUTY MON OVINE AUTOMOBILE $2,000,000 AUTOMOBILE LIABILITY Intact insurance Company 2012 - 0731 2013 - 31 BODILY BLURT AND 0 DESCRIBED AUTOMOBILES 730508078 PROPERTY DAMAGE $2,000,000 ❑ ALL OWNED AUTOS COMBINED ❑ LEASED AUOBILES" BODILY TOM ❑ MS PERSON ❑ BODILY NJURY ryes ACCIDENT) - ALLAMTNmUIPa LEMEa RI F%cE5S of N Mate WHERE THE Ne1WFD la REQUIRED PROPERTI'OAMAGE TO PROW* INSURANCE EXCESS LIABILITY GCAN Insurance Company 2012 -07 -30 2013-07 -30 EACH OCCURRENCE 010,000 63,000,000 uraRaJAFgau 9140352 AGGREGATE 53,000,000 ❑ OTHER THAN UMBRELLA FORM Iwdh) OTHER LIABILITY (SPECIFY) 0 0 0 0 ® CANCELLATION 111 BROKER'S FULL NAME AND MAILING ADDRESS ADDITIONAL INSURED NAME AND MAILING ADDRESS Stevenson and Hunt Insurance Brokers Limited Wellington Square 400 -250 York Street London ON GPOOE NBA 61(2 BROKER'S CUENT ID: BELG50 CODE ® CERTI TE AUTHORIZATION SIG ATU FAU O PRINT NAME POSITION HELD DATE RE E ATIVG Louise Keck Surety Customer SenAce Broker March 11, 2013 'COMPANY EMAIL ADDRESS CONTACT NUMBER HOME Stevenson and Hunt Insurance Brokers Lim Iouise.keckosthuntcom CELL BUSINESS (519) FAX (519) 848 -5812 CSIO - CERTIFICATE OF INSURANCE - 01306E 0 2008, Centre for Study of Insurance Operations. MI fights reserved. t . • a " - + r^< yhr T ` - T f I - "ra .Ma g r GY 4 � � i r `'lip A,c4nk � n. w. - +Zk . < ' .• .s -� ,.w .�-._ � ,.�. -�_e _...�..__ - a .�.�30, s s..._ This certificate Is Issued as a matter of information only and confers no lights 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 bslew. CERTIFICATE HOLDER NAME MD MAIUNG ADDRESS INSURED'S FULL NAME AND MAILING ADDRESS Municipality of Kincardine BGL Contradors Corp. & Belmont Group Limited 1475 Concession 5 1773 Erb's Rd. West, St Agatha, ON NOB 2L0 R. R. 115 OM OF OPERATIONSILOCATIONS /AUYOMOBILEalsPECIAL ITEMS IW[only with tamed to the uamations of the Named inured) Gamed Contractor • industrial, Commercial, Residential Re: Project No. 12223, Contact No. 1, Kincardine Water Treatment Plant Penal! Penal! Kincardine ON I Po6TAL COD N2Z 2X6 INeanout and Backwash Pump Installation ® COVERAGES This S ro cMNy that the poNdm of Insurance listed below have been Issued to the Insured named above for the policy period Indicated nolwairebap any requirement, te or condition of any contact or other document with reaped to which this mafeab may be issued or may pertain. The insurance a9 0Ne0 by one p d asalbed Inerein Is rm subject to al terms, exclusions and conditions of such potties. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS LIMITS OF LIABILITY TYPE OF INSURANCE INSURANCE COMPANY EFFECTIVE DATE EXPIRY DATE - (Canadian delve mist jacketed olhsreMs) AND POLICY NUMBER kwyMM@Q (n -ftW- ) COVERAGE DEO. AMOUNT OF INSURANCE COMMERCIAL GENERAL UABIUTY Intact Insurance Company 2012 - 07 - 30 2013 - 30 CCIERC ❑CWMS MADE gg 21 OCCURRENCE 501283493_ c�IM AGGREGATE s1,o00 0PROWCrSAND /OR COMPLETED OPERA • EACHOCCUWBICE 12,000,000 ❑ EMPLOYERS LABILITY PRODUCTSMD COMPLETRI• • $2,000,000 8 CROSS merry AOOPEGAJE O TREWS LE0NUA9ar1Y �SONALMIDADVERTISMGMAMY 51,000,000 ❑ NotiateO AUTOMOBILES ❑ ILES MEDICAL PAYMENTS 510,000 HIREDAUTOMM ❑ POLLUTION LM NTYEMBraON TENANTS LEGAL LwaJTY 11,000 51,000,000 NON OWNEOAUTOMOtIE AUTOMOBILE LIABILITY Y MORTARS ❑ OESCREMALINiCNLES PROPERTY 01MA9E ❑ NS OWNED NIWS •' .. , ❑ LEASED/MI/MILES' . • • Y SAWN ❑ PERSON) ❑ BODININJURY ACCIDENT) "NLNIIpNNaa LEASED so melee OF ie onswnvana saNMD of RWWIao PROPERTY DAMAGE TO PROVOS aauRANce EXCESS UASILRY GCAN Insurance Company 2012 2013 mot mamma 510,000 53,000,000 O MORELLAFORM 0140352 AGGREGAIE 53,000,000 ❑ OTHER THAN UMBRELLA FORM (wedNl OTHER UABIUTY (SPECIFY) Intact Insurance Company 2013-03 -11 2013-04 -30 J Property insurance 501263483 Instillation Floater (Broad Form) 12,500 1225,999 0 ® CANCELLATION Should any of the above deeaibed policies be cancelled before the expiration date thereof, the Issuing company will endeavour to mall Thirty (30) days wdlten notice to the certificate holder, but failure to mall such notice anal impose no obligation or Nadlty 04 any kind upon the company, Its agents or representatives. ® BROKER'S FULL NAME AND MAILING ADDRESS ADDITIONAL INSURED NAME AND MAILING ADDRESS Stevenson and Hunt Insurance Brokers Limited MLnldpa9ty of Kincardine and WellbOton Square 400 -250 York Street B. M. Roes and Aasocliles Limited London ON I EAL NSAOK2 BROKER'S CUENT ID: BELG50 1 CO I 5 CERTP TE AUTHORIZATION SIGNATU'. OF AUTO = c• PRINT NAME POSITION HELD DATE AmvE. Lades Keck Surety Customer Santos Broker March 11, 2013 EMAIL ADDRESS CONTACT NUMBER HOME CELL Stevenson and Hunt Insurance Brokers Lim Iouise.kadkOsthunteom BUSINESS (510) 0633533 F!x (519)945-5812 CSIO • CERTIFICATE OF INSURANCE - 0906E 0 2006, Centre for SMdy of Inwnme Operations NI rights reserved. . t( f 1 x x . 7 r b 6 k . 5 kI, 'I ( _. ' # =.rxa„Y This certificate Is Issued as a matter of information only and confers no rights upon the certificate holder and Imposes no Ilabiliy on the Insurer. This certificate does not amend, extend or alter the coverage.aflorded by the policies below. ® CERTIFICATE HOLDER - NAME AND MAILING ADDRESS INSURED'S FULL NAME AND MAILING ADDRESS Municipality of Klncardne BGL Contractors Corp. 8 Belmont Group Limited 1475 Concession 5 1773 Erb's Rd. West, St. Agatha, ON NOB 2L0 R. R. OS DESCRIPTION OP OPERATIONSILOCATIONSIAUTOMOBILESISPECIAL ITEMS Outoniv wM resod to the mentor of M Named Insured) General Contractor - Industrial, Commercial, Residential Re: Project No. 12 223, Contract No. 1, Klncardne Water Treatment Plant Clearwell Kincardine ON I c N2Z 2X8 asanout and Backwash Pump Installation II COVERAGES This S to certify that the policies of Insurance lured below have been issued to the Witted named above for the policy period Indicated notwithstanding any requirement, temp cc condition of any contract or other document with respect to welch this certificate may be Issued or may pertain. The Insurance afforded by the policies described herein Is subject to all tans, exclusions and conditions of such policies. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS UWYS OF WBIUTY TYPE OF INSURANCE INSURANCE COMPANY EFFECTIVE DATE EXPIRY DATE (Canadian daSre unless IndbWd otherwise) AND POLICY NUMBER p ryyy-•MEd) 0/117 COVERAGE OLE, AMOUNT OF INSURANCE COMMERCIAL GENERAL UASIUTY Intact insurance Company 2012 2013-07 - 30 COMIEACULGENER&MILOS ❑ CLAIMS ma Qj; ❑ OCCURRENCE 501283483 UABLYNAM1TY GY N O ER AGGREGATE G WE W- R PREMYLI ❑ PRODUCISKID IOR COMPLETED OPERATIC EACH OCCUR ENCE ❑EIROYERTI PROOUCTSAE COMPLETED OPERA ❑ caws maim ❑ IEwUITS MINIM PERSaWLAE INJURY LIABILITY Ia NONOIN ED AUTOMOeteS Iatm AUTOMOBILES MEDICAL PAYIEMB ❑ POLLUTION LIASWY scream 1EMM6 LEALLNWTE NON OM®AmmEBBE $2.000,000 AUTOMOBILE LIABILITY Intact Insurance Company 2012 2013 ODDLY INJURY AND In OESCROWAUTOYOBLES 730508078 RtCFERTYDAMAOE 52,000,000 ❑ ALLomammOs " " ❑ IEABEDA&JWI, LLE3" DE ILY INJURY O PERSON) ❑ BODILY INJURY RACCEEN1) ALL MROYDeeae LEASE el S MO OF M DAYMenM Tell MMRe9 le EQUIPE . MY DAMAGE TO memos NarRANDe EXCESS LIABIUTY GCAN Insurance Company 2012 2013-07 - 30 BCH OCCURRDICE 810,000 0,000,000 O MORELIA FORM 0140352 AGGREGATE 53,000,000 ❑ OTHEt11E4111ABP3U FORM 1mwBq OTHER LIABILITY ;SPECIFY) 0 0 0 0 ® CANCELLATION BROILER'S FULL NAME AND MAILING ADDRESS ADDITIONAL INSURED NAME AND MAILING ADDRESS Stevenson and Hunt Insurance Brokers Limited Wallington Square 400 -250 York Street London ON I PosTAL N8A BK2 CODE BROKER'S CLIENT D: BELG50 I main_ E C . - ATE AUTHORIZATION AUTII PRINT NAME POSITION HELD DATE - o; � A1WE- Louise Keck Suety Customer Prentice Broker March 11, 2013 • 'CANT EMAIL ADDRESS CONTACT NUM: . =. HOME CELL Stevenson and Hunt Insurance Brokers urn IDUlae.keGcOelhunt.cam sum AESS (519) 8833533 FM( (519) 841dd812 C810 - CERTIFICATE OF INSURANCE - O808E 0 2006, Centre for Study d hwn noe Operations. MI rights reserved. 1 1 Municipality of Kincardine Kincardine Water Treatment Plant Clearwell Cleanout and Backwash Pump Installation ' Project No. 12223, Contract No. 1 ' ADDENDUM NO. 2 Plan takers shall note the following: (1) Special Provisions, Division 13, Section 13.5 is revised. The Owner will be responsible for paying any applicable tipping fees for disposal of solid of liquid materials by the Contractor at the Municipal wastewater treatment plant or landfill site. (2) The completion date of March 30, 2013 shown in Section 13) of the Information to Bidders applies only to the work in the Clearwell or Pumpwell which requires the plant to be out of service. Other mechanical, electrical and miscellaneous work which can be 1 undertaken with the plant in operation can be completed as equipment delivery allows. (3) Pages T -2, T -3, and T -4 of the Form of Tender are to be replaced with the attached sheets 1 T- 2(Revised), T- 3(Revised), and T- 4(Revised). The removal and disposal of pumped and trucked liquid waste has been removed from the Lump Sum items for cell cleanout in the Schedule of Items and Prices and added as a Unit -Cost item. The Unit -Cost item applies ' only to liquid waste being pumped to trucks for off -site disposal. Any liquid pumped between cells or for on -site disposal will be paid for under the appropriate Lump Sum item. The Provisional Item for cleanin g of the remainder of the ceiling in the High -Lift Pumpwell has been removed from the Schedule of Items and Prices. Since all of the ceiling is within 2.0 m of the walls, it will be completely cleaned during cleaning of the walls. 1 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 February 8, 2013 1 1 Contractor's Signature Date 1 Faxed to all Plan Takers — 4 pages + addenda receipt 1 T- 2(Revised) 1 THE AFORESAID SUM IS MADE UP AS FOLLOWS: SCHEDULE OF ITEMS AND PRICES If, in the opinion of the Engineer, the breakdown contains prices which are unbalanced, the Contractor will be required to submit data to substantiate his prices. In any event, the Engineer reserves the right to adjust the breakdown to correct any unblanced prices. Item Description Quantity Unit Unit Price Amount I 1 -1 Mobilization and demobilization at the job 1 L.S. $ site of offices, stores, conveniences, other I temporary facilities, construction plant and other items not required to form part of the permanent works and not covered by other 1 items of the Schedule of Items and Prices (Refer to Item 27 of the Information to I Bidders) 1 1 -2 Clearwell Cleanout and Associated Work 1 Clean walls, floors, columns and ceilings within 2m of walls. Remove and dispose of I solid debris, etc. Disinfect upon completion. a) Clearwell Cell #1 1 L.S. $ b) Clearwell Cell #2 1 L.S. $ I c) Clearwell Cell #3 1 L.S. $ 1 d) Clearwell Cell #4 1 L.S. $ e) High -Lift Pumpwell 1 L.S. $ I f) Clean remainder of ceiling in Clearwell Cell 1 L.S. $ #1 (Provisional Item) 1 1 T- 3(Revised) Item Description Quantity Unit Unit Price Amount 1 I g) Clean remainder of ceiling in Clearwell Cell 1 L.S. $ #2 (Provisional Item) 1 h) Clean remainder of ceiling in Clearwell Cell 1 L.S. $ #3 (Provisional Item) 1 i) Clean remainder of ceiling in Clearwell Cell 1 L.S. $ #4 (Provisional Item) 1 $ $ 1 j) Remove and dispose off -site of liquid waste, 200 m washwater, etc.; all cells k) Supply and install new sample piping 1 L.S. $ 1 including insulation and connection to existing sample pump 1 1) Supply and install duckbill valve on 1 L.S. $ clearwell overflow including retaining walls 1 and landscaping 1 -3 Backwash Pump Installation and Associated Work 1 a) Structural modifications and construction of 1 L.S. $ concrete pump base 1 b) Installation of pre - purchased backwash 1 L.S. $ 1 pump c) Mechanical; piping, valves and fittings for 1 L.S. $ 1 backwash pump d) Supply and install new control valve for high- 1 L.S. $ lift pump #1 1 e) Supply and install new magnetic flowmeter 1 L.S. $ and piping modifications 1 f) Electrical 1 L.S. $ 1 I T- 3(Revised) Item Description Quantity Unit Unit Price Amount I I g) Clean remainder of ceiling in Clearwell Cell 1 L.S. $ #2 (Provisional Item) h) Clean remainder of ceiling in Clearwell Cell 1 L.S. $ #3 (Provisional Item) I i) Clean remainder of ceiling in Clearwell Cell 1 L.S. $ #4 (Provisional Item) I j) Remove and dispose off -site of liquid waste, 200 m 3 $ $ sediment, washwater, etc.; all cells k) Supply and install new sample piping 1 L.S. $ I including insulation and connection to existing sample pump 1) Supply 1 and install duckbill valve on 1 L.S. $ clearwell overflow including retaining walls I and landscaping 1 1 -3 Backwash Pump Installation and Associated Work a) Structural modifications and construction of 1 L.S. $ concrete pump base 111 b) Installation of pre - purchased backwash 1 L.S. $ I pump c) Mechanical; piping, valves and fittings for 1 L.S. $ I backwash pump d) Supply and install new control valve for high- 1 L.S. $ lift pump #1 I e) Supply and install new magnetic flowmeter 1 L.S. $ and piping modifications f) Electrical 1 L.S. $ I ' T- 4(Revised) Item Description Quantity Unit Unit Price Amount 1 -4 Miscellaneous Items ' a) Cost of 100% Performance Bond, and 1 L.S. $ insurance as specified in the forms bound herein b) Lump Sum to cover all other requirements of 1 L.S. $ ' the contract not specifically covered by or related to the preceding items. (Refer to Item 28 of the Information to Bidders) 1 -5 Contingency Allowance Lump Sum allowance for contingency items $20,000.00 authorized in writing during the construction of the works (Provisional Sum; refer to Item ' 29 of the Information to Bidders) r SUB -TOTAL FOR ALL WORKS SHOWN ON THE DRAWINGS $ ' OR DETAILED IN THE SPECIFICATIONS (ITEMS 1 -1 to 1 -5) 13% HST $ TOTAL TENDER $ I I 1 Municipality of Kincardine Kincardine Water Treatment Plant Clearwell Cleanout and Backwash Pump Installation Project No. 12223, Contract No. 1 I ADDENDUM NO. 1 I Plan takers shall note the following: (1) A non - mandatory site tour for Bidders will take place at the job site on Wednesday, February 6, 2013 at 2:00 p.m. sharp. The Kincardine WTP is located at 155 Durham Street, Kincardine. I I B. M. ROSS AND ASSOCIATES LIMITED Engineers and Planners 62 North Street �. Goderich, ON N7A 2T4 Phone: (519) 524 -2641 Fax: (519) 524 -4403 I www.bmross.net January 29, 2013 i 1 I i 1 L • 1 MUNICIPALITY OF HINCARDINE KINCARDINE WATER TREATMENT PLANT CLEARWELL CLEANOUT AND ' BACKWASH PUMP INSTALLATION PROJECT NO. 12223, CONTRACT NO. 1 1 i 1 i 1 1 E 1 I Municipality of Kincardine Kincardine Water Treatment Plant Clearwell Cleanout and Backwash Pump Installation Project No. 12223, Contract No. 1 I INDEX TO CONTRACT DOCUMENTS I Description Page Addendum No. 1 Front Cover Information to Bidders IB -1 - IB -8 Tender Form of Tender T -1— T -4 T -A & T -B Statement re Sub - Contractors Agreement to Bond Performance Bond Schedule of Plans, Specifications, General Conditions & Standards Special Provisions Division 1 -- General Requirements SP -1 -1 to SP -1 -8 Division 13 -- Clearwell Cleanout SP -13 -1 to SP -13 -4 Division 15 -- Mechanical SP -15 -1 to SP -15 -9 Division 16 -- Electrical SP -16 -1 to SP -16 -19 Supplemental General Conditions SGC -1 & SGC -2 1 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 I Declaration re Payment of Accounts yme t o oun is Statutory Declaration re Liens and Liabilities Appendix A — Pre - Purchased Backwash Pump ' INFORMATION TO BIDDERS 1 1 i 1 1 1 1 1 1 INDEX TO INFORMATION TO BIDDERS (February 2010) 1 1) Date and Place for Receiving Tenders IB -1 2) Tender Deposit IB -1 3) Submission of Tender IB -1 4) Clarification IB -2 5) Withdrawal of Tender IB -2 6) Disqualification of Tender IB -2 7) Form of Agreement IB -2 8) Competency of Bidders IB -2 9) Sub - Contractors IB -2 10) Tender Acceptance IB -3 11) Performance Bond IB -3 12) Insurance 1B -3 I 13) Completion Date and Liquidated Damages IB -4 14) Disposal and Use of Excavated and Excess Materials I3-5 15) Taxes 113-6 16) Occupational Health and Safety Act 113-6 17) Workplace Safety and Insurance Board Certificates IB -6 18) Contract Release 113-6 19) Use of Premises IB -6 20) Night, Sunday, and Holiday Work 113-6 21) Drainage IB -6 22) Bribery 113-6 23) Falsework 113-7 24) Excess Loading of Motor Vehicles I13-7 25) Ontario Provincial Standards IB -7 26) Guaranteed Maintenance IB -7 27) Lump Sum for Mobilization and Demobilization I13-8 28) Lump Sum for Other Requirements I3-8 29) Provisional Items and Contingency Allowance IB -8 I I I I I I I I 1 I IB -1 INFORMATION TO BIDDERS I 1) DATE AND PLACE FOR RECEIVING TENDERS: Tenders will be received by: Gagan Sandhu, Public Works Manager Municipality of Kincardine 1475 Concession 5, R. R. 5 Kincardine, ON N2Z 2X6 until 12:00 noon, Wednesday, February 13, 2013 as stated in the official tender call advertisement. 2) TENDER DEPOSIT: Each tender must be accompanied by a tender deposit in the form of a certified cheque payable to: Municipality of Kincardine for the amount of: Fifteen Thousand Dollars ($15,000.00). 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 I contract. 3) SUBMISSION OF TENDER: a) Form of Tender: Tenders shall be submitted on the blank form herewith provided and shall give the lump sum and/or unit prices for the work, and the total tender shall be described in both words and figures. Bidders will be required to add 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. I I IB -2 I b) Statement re Sub - Contractors: Where included in the contract documents, each bidder shall complete along with the tender, a list of I proposed Sub - Contractors showing the value of the work to be sublet to each. The value of work sublet shall not exceed 50% of the total work to any one subcontractor without written authorization of the Contract Administrator. Failure to provide this list may render the tender invalid. c) Agreement to Bond: Bidders must have the "Agreement to Bond" forms, or equivalent, of this contract completed by their bonding company, and the same must be submitted with their tender in order to validate their bid. 4) CLARIFICATION: Any details in question on this contract or in the accompanying plans shall be clarified by the bidder prior I to submitting the bid. The unit prices as tendered shall include the supply of all permits, labour, equipment, and materials except where noted that are necessary to complete the contract. 5) WITHDRAWAL OF TENDER: I A bidder will be allowed to withdraw their tender unopened after it has been deposited if such request is received in writing prior to the time specified for the closing of tenders. 6) DISQUALIFICATION OF TENDER: I Tenders will not be considered where: a) They are received after the official closing time stated in the advertisement. b) They are not properly executed, and the associated documentation is not complete. c) They are not accompanied by a certified deposit cheque. d) They are submitted by "Fax ". More than one tender from an individual, firm, partnership or association under the same or different names will not be considered. Collusion between bidders will be sufficient cause for rejection of all tenders so affected. 7) FORM OF AGREEMENT: It is not necessary to complete the "Form of Agreement" when submitting your tender, but the successful I bidder shall be required to complete the form upon notification of the award of the contract. 8) COMPETENCY OF BIDDERS: I Bidders and Sub- Contractors must be capable of performing the various items of work bid upon. They may be required to furnish a statement covering experience on similar work, list of machinery available for the proposed work, and such statements of their fmancial resources as may be deemed necessary. 9) SUB CONTRACTORS: It is anticipated that, as a minimum, Sub - Contractors will be required to install and commission the new backwash pump and to undertake the electrical portions of the project. 1 I 1 IB -3 As specified in Division 15 of the Special Provisions, installation of the backwash pump, along with start- 1 up and commissioning services, are to be carried out by International Water Supply Ltd. (IWS). The Contractor is responsible for obtaining a quotation from IWS for the cost of the required services and shall carry all costs related to those services in his tender amount. Contract information for IWS can be found in I Appendix A of these documents. . The electrical Sub - Contractor for this project shall be Bram -K Enterprises, 129 Mahood Johnson Drive, I Kincardine, Ontario, Phone: 519- 396 -2144, Attention: Ron MacKay. The Contractor is responsible for obtaining a quotation from Bram -K for the cost of their Sub - Contract and shall carry those costs in the applicable portion of their tender. The Contract Administrator shall reserve the right to review any other Sub - Contractors proposed at the time of tendering and to approve any Sub - Contractors proposed after the contract is awarded. I 10) TENDER ACCEPTANCE: Bidders are notified that any unbalanced items, errors, or omissions in the tender may render the tender it invalid. Contractors are notified that each tender shall continue open to acceptance by the Owner until the formal I contract is executed by the successful bidder or until at least thirty (30) days after the tender closing date, whichever occurs first. The Owner may at any time within that period, without notice, accept this tender whether any other tender had been previously accepted or not. The accepted bidder shall provide a Clearance Certificate from the Workplace Safety and Insurance Board. I The lowest price bid or any bid will not necessarily be accepted. The Owner reserves the right to reject any or all tenders and to award to other than the lowest bidder as the interests of the Owner may require. I 11) PERFORMANCE BOND: The Bidder, upon receipt of written notice from the Owner awarding the contract, shall provide a I Performance Bond for the amount of one hundred percent (100 %) of the total tender to guarantee the performance of all obligations of the contract. This Bond shall be supplied to the Owner within ten (10) days of the acceptance of the tender, and shall be at the expense of the Contractor. 12) INSURANCE: GC 6.03.01 — General has been amended as follows: I 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 1 requesting proof of valid insurance whenever aircraft are anticipated to be used during the course of construction. I I IB -4 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. GC 6.03.02.01- General Liability Insurance, has been amended as follows: General liability insurance and completed operations coverage shall both be in the name of the Contractor, with the Owner and the Contract Administrator named as additional insureds, both with the limits of not less than five million dollars inclusive per occurrence for bodily injury, death, and damage to property including loss thereof, with a property damage deductible of not more than $5,000. The form of this insurance shall be the Insurance Bureau of Canada Form IBC 2100 or equivalent. I GC 6.03.07.01 has been amended as follows: et The duration of each insurance policy, excluding completed operations coverage, shall be from the date of commencement of the Work until 10 days after the date of Final Acceptance of the Work, as set out in the final Acceptance Certificate. Completed operations coverage shall be maintained for six years from the date of Final Acceptance. 13) COMPLETION DATE AND LIQUIDATED DAMAGES: I a) Time: Time shall be the essence of this agreement. b) Progress of the Work and Time for Completion: Refer to timing requirements in Section 1.4 of the Special Provisions The Contractor shall complete this contract in its entirety by: March 30, 2013 If this time limit above specified is not sufficient to permit completion of the work by the Contractor working a normal number of hours each day or week on a single daylight shift basis, it is expected that additional and/or augmented daylight shifts will be required throughout the life of the contract to the extent deemed necessary by the Contractor to ensure that the work will be completed within the time limit specified. Any additional costs occasioned by compliance with these provisions will be considered to be included in the prices bid for the various items of work and no additional compensation will be allowed therefore. If the Contractor is delayed in the completion of the work, 1) by reason of changes or alterations made under Section GC3.07 of the General Conditions; 2) by reason of any breach of contract or prevention by the Owner or other Contractor of the Owner or any employee of any one of them; I 3) by reason of delay by the Owner issuing instructions or information or in delivering materials; 4) by any other act or neglect of the Owner or any other Contractor of the Owner or any employee of any one of them; I I 1 IB -5 5) for any cause beyond the reasonable control of the Contractor; I or 6) by Acts of God, or of the Public Enemy, Acts of the Province or of any Foreign State, Fire, Floods, Epidemics, Quarantine Restrictions, Embargoes or delays of Sub - Contractors due to such causes, the time of completion shall be extended in writing at any time on such terms and for such period as shall be determined by the Contract Administrator, and notwithstanding such extensions, time shall continue to be deemed of the essence of this contract. An application by the Contractor for an extension of time as herein provided shall be made to the Owner in writing at least fifteen (15) days prior to the date of completion fixed by the contract. All bonds or other surety furnished to the Owner by the Contractor shall be amended where necessary at the expense of the Contractor to provide coverage beyond the date of any extension of time granted, and the Contractor shall furnish the Owner with evidence of such amendment of the bonds or other surety. 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 1 full force and effect after the time limited in this contract for the completion of the work and whenever in this contract power and authority is given to the Owner or the Contract Administrator or any person to take any action consequent upon the act, default, breach, neglect, delay, non - observance or non - performance by the Contractor in respect of the work or contract, or any portion thereof, such powers or authorities may be exercised from time to time and not only in the event of the happening of such contingencies before the time limited in this contract for the completion of the work but also in the event of the same happening after the time so limited in the case of the Contractor being permitted to proceed with the execution of the work under an extension of time granted by the Contract Administrator. c) Liquidated Damages: It is agreed by the parties to the contract that in case all the work called for under the contract is not fmished or completed within the specified timeframe, 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 days delay in finishing the work within the clearwell and high -lift pumpwell beyond the seven (7) day limit 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 time for completion. The Owner may deduct any amount under this paragraph from any monies that may be due or payable to the Contractor on any account whatsoever. The liquidated damages payable under this paragraph are in addition to and without prejudice to any other remedy, action or other alternative that may be available to the Owner. 14) DISPOSAL AND USE OF EXCAVATED AND EXCESS MATERIALS: OPSS 180 shall apply to this contract. Excess materials shall be disposed of within or outside of the contract limits as set out elsewhere in the contract. 1 I I IB -6 I 15) TAXES: Harmonized Sales Tax (HST): I 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. 16) OCCUPATIONAL HEALTH AND SAFETY ACT The Contractor's attention is drawn to the regulations issued by the Ministry of Labour for the Province of Ontario under the Occupational Health and Safety Act. The Contractor acknowledges that they will comply with these regulations and that they will be the Constructor under said Act as it relates to the completion of this contract. 17) WORKPLACE SAFETY AND INSURANCE BOARD CERTIFICATES The Contractor shall submit a current clearance certificate from the Workplace Safety and Insurance Board (WSIB) in advance of each monthly payment. Payment certificates will not be issued without receipt of a valid Workplace Safety and Insurance Board Certificate. 18) CONTRACT RELEASE: Prior to receiving the Statutory Holdback Release Payment Certificates based on Substantial Performance I 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. 19) 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 111 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. 20) NIGHT, SUNDAY, AND HOLIDAY WORK: I Work during the night, on Sundays or on Statutory Holidays shall not be permitted without the written permission of the Contract Administrator. 21) DRAINAGE: The Contractor shall keep all portions of the work properly and efficiently drained during construction and until completion, and will be held responsible for all damage which may be caused or result from water backing up or flowing over, through, from or along any part of the works, or which any of the operations 111 may cause to flow elsewhere. 22) BRIBERY: Should the Contractor or any of the agents give or offer any gratuity to, or attempt to bribe any officer or servant of the Owner, the Owner shall be at liberty to cancel the contract forthwith or to direct the Contract Administrator to take the whole or any part of the works out of the hands of the Contractor. Bribery shall I be considered as non - fulfilment of the contract by the Contractor. I I IB -7 23) 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 licenced Contract in Ontario. Such certification shall be submitted to the Con tr Administrator not less than 24 hours prior to pouring concrete. 24) EXCESS LOADING OF MOTOR VEHICLES: For the purpose of this contract, payment for weighed items is as follows: Vehicles hauling material being measured for payment by weight will be paid for the actual amount of material hauled. This shall not be construed to mean that the Owner condones excess loading of motor vehicles and in no way permits the overloading of vehicles or absolves the Contractor from complying with the provisions of the Highway Traffic Act. 25) ONTARIO PROVINCIAL STANDARDS: Bidders are hereby advised that the Ontario Provincial Standards apply to this contract and are to be used where applicable. Bidders are responsible for familiarizing themselves with the latest revisions of the Ontario Provincial Standards. 26) GUARANTEED MAINTENANCE: 3 % of the value of the work will be retained for a period of 12 months following the date of completion as a guarantee of the proper performance of the work included in the contract. This amount will be released without interest upon expiry of the maintenance period and correction of all deficiencies. The maintenance holdback will be held in addition to the 10% holdback required by the Construction Lien Act. The holdback will be retained by the Owner, commencing during the latter part of the period of construction and generally not before the contract is approximately 80% complete. No alternate forms of security will be considered. I I I IB -8 I 27) 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 price, I 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. I Sixty percent (60 %) of the price for the Mobilization and Demobilization item shall be considered as relating to mobilization and the balance to demobilization. I The payment for mobilization shall be included in the first payment certificate issued for the contract subject to the Contract Administrator being satisfied that full mobilization has been carried out. If the Contract Administrator is not so satisfied, he shall allow a payment which, in his opinion, reflects the degree of mobilization effected to date. The payment for demobilization shall become due following completion of the works and subject to the I Contract Administrator being satisfied that full demobilization has been carried out. The Contract Administrator may, in his discretion, allow partial payment for demobilization before full demobilization has been effected. 28) LUMP SUM FOR OTHER REQUIREMENTS: In the Schedule of Items and Prices, the Bidder shall enter his tender price for providing items such as watchmen, permits and approvals (other than those to be paid for by the Owner), items required by the Drawings or Specifications but which have been omitted from the Schedule of Items and Prices and other items required by the contract but not specifically covered by or related to the other items in the Schedule of Items and Prices. Each progress payment certificate will include a percentage of the tender price for this item in proportion to the percentage of the permanent works completed. The submission by a tenderer of an unbalanced price for this item renders the tender liable to disqualification. 29) PROVISIONAL ITEMS AND CONTINGENCY ALLOWANCE i The Schedule of Items and Prices for this contract contains Provisional Items and a Contingency Allowance. Tenderers shall include the amounts tendered for the Provisional Items, and the amount specified for the Contingency Allowance in the total contract price entered on Page FT -1 of the Form of Tender, but will only be entitled for payment for Provisional or Contingency Items and work authorized in writing during the project. I I I T -1 I FORM OF TENDER MUNICIPALITY OF KINCARDINE I WATER TREATMENT PLANT CLEARWELL CLEANOUT AND I BACKWASH PUMP INSTALLATION PROJECT NO. 12223, CONTRACT NO. 1 I Tender by BGL Contractors Corp. I residing at 1773 Erb's Road W. I St. Agatha, ON NOB 2L0 I a company duly incorporated under the laws of Ontario I and having its head office at 1773 Erb's Road W., St. Agatha, ON hereinafter called the "Bidder" I To -- Municipality of Kincardine I I/We BGL Contractors Corp. U having carefully examined the locality and site of the proposed works and all contract documents relating thereto, including the Plans, Specifications, Drawings, Profiles, Form of Tender, Information to Bidders, General Conditions, Special Provisions, Form of Agreement, Form of Contract Bond and Addendum/ I Addenda Numbers 1 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 documents and such further detail drawings as may be supplied from time to time, and to furnish all labour, I materials, tools, plant, matters and things necessary therefore, complete and ready for use within the time specified for the sum of Two Hundred Twenty Five Thousand Nine Hundred Ninety Nine Dollars I ($225,999.00) II or such other sum as is determined from the actual measured quantities at the unit prices set forth in the Tender. I * The bidder will insert here the number of the Addenda received during the tendering period and t taken into account when preparing the Tender. i T- 2(Revised) I THE AFORESAID SUM IS MADE UP AS FOLLOWS: I SCHEDULE OF ITEMS AND PRICES If, in the opinion of the Engineer, the breakdown contains prices which are unbalanced, the Contractor will I be required to submit data to substantiate his prices. In any event, the Engineer reserves the right to adjust the breakdown to correct any unblanced prices. I Item Description Quantity Unit Unit Price Amount I 1 -1 Mobilization and demobilization at the job 1 L.S. $5,934.00 site of offices, stores, conveniences, other I temporary facilities, construction plant and other items not required to form part of the permanent works and not covered by other I items of the Schedule of Items and Prices (Refer to Item 27 of the Information to Bidders) I I 1 -2 Clearwell Cleanout and Associated Work I Clean walls, floors, columns and ceilings within 2m of walls. Remove and dispose of solid debris, etc. Disinfect upon completion. I a) Clearwell Cell #1 1 L.S. $5,413.00 I b) Clearwell Cell #2 1 L.S. $5,158.00 I c) Clearwell Cell #3 1 L.S. $5,392.00 I d) Clearwell Cell #4 1 L.S. $10,866.00 I e) High -Lift Pumpwell 1 L.S. $2,840.00 I f) Clean remainder of ceiling in Clearwell Cell 1 L.S. $1,254.00 #1 (Provisional Item) I I T- 3(Revised) Item Description Quantity Unit Unit Price Amount I g) Clean remainder of ceiling in Clearwell Cell 1 L.S. $1,303.00 I #2 (Provisional Item) . I h) Clean remainder of ceiling in Clearwell Cell 1 L.S. $1,200.00 #3 (Provisional Item) i) Clean remainder of ceiling in Clearwell Cell 1 L.S. $4,200.00 #4 (Provisional Item) Remove and dispose off -site of liquid waste, 200 m 3 $50.00 $10 J) p q � $10,000.00 m , sediment, washwater, etc.; all cells k) Supply and install new sample piping 1 L.S. $2,321.00 I including insulation and connection to existing sample pump I 1) Supply and install duckbill valve on 1 L.S. $2,811.00 clearwell overflow including retaining walls I and landscaping I 1 -3 Backwash Pump Installation and Associated Work I a) Structural modifications and construction of 1 L.S. $2,487.00 concrete pump base I b) Installation of pre - purchased backwash 1 L.S. $9,643.00 pump I c) Mechanical; piping, valves and fittings for 1 L.S. $26,151.00 I backwash pump d) Supply and install new control valve for high- 1 L.S. $12,631.00 I lift pump #1 I e) Supply and install new magnetic flowmeter 1 L.S. $20,659.00 and piping modifications I 0 Electrical 1 L.S. $44,626.00 T- 4(Revised) Item Description Quantity Unit Unit Price Amount I 1 -4 Miscellaneous Items a) Cost of 100% Performance Bond, and 1 L.S. $2,893.00 insurance as specified in the forms bound ' herein b) Lump Sum to cover all other requirements of 1 L.S. $2,217.00 ' the contract not specifically covered by or related to the preceding items. (Refer to Item 28 of the Information to Bidders) 1 -5 Contingency Allowance Lump Sum allowance for contingency items $20,000.00 ' authorized in writing during the construction of the works (Provisional Sum; refer to Item 29 of the Information to Bidders) SUB -TOTAL FOR ALL WORKS SHOWN ON THE DRAWINGS $199,999.00 OR DETAILED IN THE SPECIFICATIONS (ITEMS 1 -1 to 1 -5) 13% HST $26,000.00 TOTAL TENDER $225,999.00 1 1 I T -A STANDARD TENDER REQUIREMENTS I UWe 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. I In submitting this Tender for the work, the Tenderer further declares: I (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; I (b) That this tender is made without any connection, knowledge, comparison of figures or I 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; I (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 I otherwise complying with "the Municipal Conflict of Interest Act, RSO 1990"; I (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 I 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; 1 (e) That if we, the undersigned, withdraw this tender before the Owner shall have considered I 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; I (f) That the awarding by the Owner of the contract based on this tender shall be an I acceptance of the tender; I (g) The Tenderer solemnly declares that the several matters stated in the foregoing tender are in all respects true; 1 T -A Date Specified.doc I 1 I T -B (h) That if this tender is accepted, we the undersigned agree to furnish an approved surety 1 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 I 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 I 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 I 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. I The "Agreement to Bond" of the Trisura Guarantee Insurance Company, a company lawfully doing business in the Province of Ontario, to furnish a I Performance Bond in the amount equal to 100% of the contract price, is enclosed herewith. A certified cheque for the sum of Fifteen Thousand Dollars I ($15,000.00) is attached hereto. I DATED AT St. Agatha this 13 day of February , 20 13 . (Signed & Sealed) I Signature of Witness Signature of Bidder I NOTE: If the tender is submitted by or on behalf of an incorporated company, it must be signed in the I 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. I I t T -B P Bond only.doc 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. ITEM SUB - CONTRACTORS . Name and Address Percent of ' Contract 1. ' Electrical Bram -K 25% Kincardine, ON 1 2. Pump Install IWS 5% Barrie, ON 1 3. 1 4. r 5. I 6. ' 7. 8. 9. ' 10. il. F: \wp \Contracts\Forms \Sub - Contractors.doc AGREEMENT TO BOND ** 1 Date: , 20_ CONTRACT NO. TO: Dear Sirs: RE: In consideration of (hereinafter referred to as "the Owner ") accepting the tender of and executing an Agreement with: (hereinafter referred to as "the Tenderer ") for the construction of subject to the express conditions that the Owner receive the Performance Bond 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, in the form of Performance 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) NOTE: This Agreement to Bond must be executed on behalf of the Surety Company by its authorized officers under the company's corporate seal. Of the two forms bound herein, one shall become a part of the tender and the other shall be retained by the Surety Company. ** Enter the name and address of the Surety Company at the top of the page. ' F: \wp\ Contracts \Forms\AgToBond- lbond.doc I 1 I PERFORMANCE BOND 1 Bond No. Project No. Amount $ Contract No. I. KNOW ALL MEN BY THESE PRESENTS, that we I hereinafter called "the Principal" 1 and hereinafter called "the Surety", I are jointly and severally held and firmly bound unto I hereinafter called "the Obligee" its successors and assigns, in the sum of Dollars ($ ) I of lawful money of Canada, to be paid unto the Obligee, for which payment well and truly to be made we the Principal and Surety jointly and severally bind ourselves, our and each of our respective I heirs, executors, administrators, successors and assigns by these presents. SIGNED AND SEALED with our respective seals and dated this day of 20 . I 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 I as in the Contract provided, which Contract is by reference herein made a part hereof as fully to all I intents and purposes as though recited in full herein. NOW THEREFORE THE CONDITION OF THIS OBLIGATION IS SUCH that if the Principal I 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, 1 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 I Contract, then this obligation shall be void, but otherwise it shall be and remain in full force and effect. I 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 claims is paid pursuant to a Labour and Materials Payment Bond. Provided always and it is hereby agreed and declared that the Obligee and the Principal have the right to change, alter and vary the terms of the Contract and that the Obligee may in its discretion at any time or times take and receive from the Principal any security whatsoever and grant any extension of time thereon or on any liability of the Principal to the Obligee. Provided further and it is hereby agreed and declared that the Principal and the Surety shall not be discharged or released from liability hereunder and that such liability shall not be in any way affected by any such changes, alterations, or variations, taking or receiving of security, or extension of time, as aforesaid, or by the exercise by the Obligee of any of the rights or power reserved to it under the Contract or by its forbearance of exercise any such rights or powers, including (but without restricting the generality of the foregoing) any changes in the extent or nature of the works to be constructed, altered, repaired or maintained under the Contract, or by any dealing, transaction, ' forbearance or forgiveness which may take place between the Principal and the Obligee. Provided further and it is hereby agreed and declared that the Surety shall not be liable for a greater sum than that specified in this bond. In Witness Whereof the Principal and the Surety have executed these presents. 1 SIGNED AND SEALED BY THE PRINCIPAL ) ) Per: In the presence of: ) ) Per: ) Principal ' Witness ) Occupation ) ) Address ) Surety , F : \wp \Contracts\Forms\Performance Bond.doc 1 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, Kincardine ' Water Treatment Plant Clearwell Cleanout and Backwash Pump Installation, Project No. 12223, Contract No. 1. A. SPECIAL PROVISIONS - Pages SP -1 to SP -16 -19 B. PLANS - Drawing Nos. 1 to 2 C. INFORMATION TO BIDDERS - Pages IB - to IB - D. FORM OF TENDER E. SUPPLEMENTAL GENERAL CONDITIONS - SGC -1 F. GENERAL CONDITIONS - OPSS.MUNI 100 Rev. Date: 11/2006 G. AGREEMENT H. PERFORMANCE BOND ' I. CONTRACT RELEASE J. STATUTORY DECLARATION RE PAYMENT OF ACCOUNTS K. STATUTORY DECLARATION RE LIENS AND LIABILITIES L. APPENDIX "A" I I 1 I 1 DIVISION 1 GENERAL REQUIREMENTS 1 1 1 1 1 1 1 1 1 1 i DIVISION 1 -- GENERAL REQUIREMENTS SP -1 -1 ' SECTION 1.1 -- GENERAL DESCRIPTION OF WORK The work included in this Contract includes the supply of material, labour, and equipment for the ' complete construction of works in accordance with the accompanying plans and contract documents. The work includes but is not limited to the following: • Cleanout and inspection of clearwell cells 1 to 4 and the high -lift pump well at the Kincardine Water Treatment Plant • Structural and mechanical repairs within the cells as required (provisional work) • Modifications to the discharge of the clearwell overflow piping • Installation of a pre - purchased backwash pump in the existing high -lift pumpwell • Replacement of the existing control valve on high -lift pump #1. • Replacement of the existing backwash flowmeter • Associated mechanical and electrical work The Contractor shall become familiar with all the pre - selected and specified equipment to ensure that the project is completed in accordance with the intent of the specifications. 1 The Contractor shall supervise and co- ordinate the work of all suppliers, fabricators, and subcontractors for all phases of the work. SECTION 1.2 -- APPROVAL OF CONTRACTOR'S EQUIPMENT I on the Contract shall meet with the approval equipment used pp roval of the Contract Administrator. All equipment shall be transported to the site of the work on suitable pneumatic -tired carriers. Cleated vehicles will not be permitted on existing pavements. If, in the opinion of the Contract Administrator, the Contractor is not using suitable equipment for the work, he may direct the Contractor to suspend operations forthwith and such suspension shall remain in effect until the Contractor has provided satisfactory equipment. If the Contractor does not have sufficient equipment on the job, in the opinion of the Contract Administrator, to carry out the work satisfactorily, the Contract Administrator may direct that the ' Contractor supply additional equipment immediately or the Contract Administrator may suspend the work forthwith. Any suspension of the work by the Contract Administrator on account of improper equipment or lack of equipment to carry out work satisfactorily shall not entitle the ' Contractor to an extension of time of completion, and he shall remain liable for any liquidated damages caused by his failure to complete the contract within the time specified. I i DIVISION 1 -- GENERAL REQUIREMENTS SP -1 -2 ' SECTION 1.3 -- PUBLIC ACCESS During the progress of the work, the Contractor will be required to preserve pedestrian access on sidewalks and crosswalks. Where necessary, suitable bridges shall be constructed across excavations for pedestrian traffic. All fire hydrants, gas line valves and water works valves must be kept free and accessible for use I at all times. SECTION 1.4 -- PROGRAM OF WORK It is necessary to remove the Kincardine Water Treatment Plant from service to allow work to take place in the clearwell and high -lift pumpwell. During this time Kincardine will be receiving limited water supply from a neighbouring municipality. It is therefore desirable to have the work in the clearwell and pumpwell completed in as short a time period as possible. The Contractor will be allowed a maximum of five (5) working days (Monday — Friday) to complete the work within the clearwell and pumpwell. If this is not sufficient, the work can be extended through the weekend for two more days, however no premium or overtime rates will be paid for this work. This schedule will only be extended by the Municipality if required for extensive remedial works. 1 As soon as the clearwell cells are dewatered, an initial inspection of each cell will be undertaken by the Owner and/or the Engineer to assess necessary remedial work. The Contractor shall be prepared to commence with the work immediately upon being directed to do so. It is anticipated that it will be possible to complete the required repairs within the timeframe outlined above. The Contractor will be expected to provide sufficient labour and equipment to complete the work in the clearwell and reservoir within the timeframe outlined above. It is anticipated that cleanout of one or more cells will occur simultaneously with remedial repairs and installation of the backwash pump. Work outside of the cells (mechanical and electrical work on the backwash pump and high -lift pump #1, replacement of the backwash flowmeter and modifications to the overflow) can take place either at the same time as the clearwell cell work, or once the treatment plant has been placed back into service. If completing this work after the treatment plant is placed back into service, shut down of the backwash system for work on the backwash header or flowmeter shall be limited to 12 hour periods, and sufficient time shall be left between shutdowns to allow backwashing of the filters at the treatment plant. All shutdowns of the plant shall be subject to approval by the Operators. The Contractor shall provide the Contract Administrator with a tentative program of works which he proposes to follow in the execution of the contract within fourteen (14) days after the contract is awarded or the order to commence work is given. i I DIVISION 1 -- GENERAL REQUIREMENTS SP -1 -3 SECTION 1.5 -- SOUNDINGS, BORINGS, AND INSPECTION OF SITE In accordance with the General Conditions of the contract, the Contractor is required to carry out �'Y an inspection of the site to verify all matters concerning access, power supplies, services, etc. formal site visit will be arranged b the Owner during the tendering o by g gp eriod. I SECTION 1.6 -- PROJECT SIGN BOARD (DELETED) SECTION 1.7 -- INSPECTION AND TESTING All materials, manufactured products, and manufacturing operations used in connection with this contract shall be subject to inspection and approval by the Contract Administrator or his ' appointed representatives. Any and all materials or manufactured products, including pipe, may be tested by the Owner. The Contractor shall, at his own expense, supply samples for testing as directed of any and all materials or manufactured products which he is using or proposing to use in the work, and he shall not be entitled to any extra remuneration nor any extension of the time allowed to complete the work as a result of any delays which may be caused or occasioned as a result of compliance with this specification. Materials whose test specimens fail to meet specified requirements and those materials which are p p q rejected upon inspection shall not be permitted to remain on the site of the work and shall be immediately removed therefrom by the Contractor at his own expense. Except as specified in Division 3, the costs of all testing shall be borne by the Owner save that !' where test specimens fail to meet specified requirements, the costs of retesting further specimens shall be charged to the Contractor. I SECTION 1.8 -- TEMPORARY BUILDINGS Temporary buildings may be erected by the Contractor at the site of the work, but the location of all temporary buildings used for construction purposes must be submitted to the Contract Administrator for approval before work commences. Temporary buildings may not be located or constructed in such a manner as to prove objectionable to the general area and the inhabitants therein. Adequate fire extinguishers must be provided at the site of any temporary buildings to be used in case of fire, and all temporary buildings shall comply in all respects with the requirements of any local, national, or provincial legislation concerning temporary building work. I DIVISION 1 -- GENERAL REQUIREMENTS SP -1 -4 SECTION 1.9 -- ACCURACY OF DRAWINGS AS TO LOCATION OF EXISTING STRUCTURES AND UTILITIES The drawings indicate approximately the location as far as has been ascertained of existing pp Y ng watermains, storm drains and other utilities. The Contractor is in no way to construe this location as being exact, and he shall make his own investigation in the field prior to the submission of his tender for the work. The Owner shall not be liable for any errors or omissions in designating the location of 1 underground facilities, and the Contractor shall receive no additional remuneration on account of any encounter with known or unknown utilities. The provisions of Section 1.13 covering Utilities and Services Paralleling the Sewer shall apply. SECTION 1.10 -- MAINTENANCE OF FLOW See the requirements of Section 1.4. 1 SECTION 1.11 -- MAINTENANCE OF EXISTING STRUCTURES, DRAINS, UTILITIES, ETC. The Contractor shall take note that in addition to the requirements of the General Conditions, he I shall preserve and maintain free of damage all existing drains, drainage work, structures, pipes and other utilities whether above or below ground. The Contractor shall be fully responsible for repairing or replacing any structure, drain or utility damaged by him and shall be fully liable for any damages claimed by any injured party. The Contractor shall indemnify and save harmless the Owner and the Corporation from any claim or suit for damages. The Contractor shall preserve and maintain all such drains, structures, or utilities at his own expense. SECTION 1.12 -- MAINTENANCE OF TRAFFIC, DETOURS, ETC. In areas where only one lane is open to traffic, provide competent flagmen to properly control the flow of traffic and maintain signs, barricades, and safety lanterns for the information and general safety of the public at large. Pedestrian traffic shall be allowed on all sidewalks on streets on which sewers are being laid unless special permission is granted by the Contract Administrator. Open excavation on main thoroughfares shall be kept to a minimum, and the Contract p g p 1 I I DIVISION 1 -- GENERAL REQUIREMENTS SP -1 -5 Administrator may direct that other parts of the work be stopped or curtailed so that the work on main thoroughfares may be carried out without delay. Streets shall not be closed to traffic nor detours established without permission having been granted by the Contract Administrator. Proper and sufficient detour signs and barricades shall be erected by the Contractor to the satisfaction of the Contract Administrator, and his orders and directions in the maintenance of traffic flow and safety shall be strictly adhered to by the Contractor. ' The Contractor shall maintain all roads in a reasonable condition at all times. As soon as possible after the sewer has been constructed on a street, it must be opened for two lane traffic. The Contractor shall be responsible for dust control during construction by watering or application of calcium chloride, as directed by the Contract Administrator, and cost of such shall be borne by the Contractor. I SECTION 1.13 -- UTILITIES AND SERVICES PARALLELING WORKS Wherever services are encountered running parallel to the work and within the limits of the gP excavation as specified under Division 2, payment shall be made for the labour and material involved in their removal and replacement. No payment will be made under this section for services and utilities encountered beyond 1.0 m from the centre line of the trench. I SECTION 1.14 -- SUPPORT OF EXISTING SERVICES The Contractor shall be completely responsible for supporting all existing services encountered in the excavation. The type of support shall be approved by the Utility involved. SECTION 1.15 -- WORK ON RAILWAY PROPERTY (DELETED) SECTION 1.16 -- MAINTENANCE AFTER CONSTRUCTION Before the Contractor leaves the site, he shall submit a letter setting out the arrangements he has made for the carrying out of maintenance work up to the end of the year's maintenance period. Unless the Contractor's headquarters are close to the site of the works, he shall make satisfactory arrangements with a local Contractor for attending to surface maintenance and the maintenance of any part of the works that requires immediate attention. I 1 DIVISION 1 -- GENERAL REQUIREMENTS SP -1 -6 SECTION 1.17 -- SUPPLY OF SHOP DRAWINGS The Contractor shall: • Submit shop drawings showing the dimensions and layout of every part of the equipment. I Drawings which do not conform with the contract drawings and specifications shall be rejected. • Be responsible for the information given in the drawings and correct any errors caused by the said drawings. • Submit three (3) copies, plus the number of copies required for his own purposes, of all drawings for review. • Note that only drawings to scale shall be considered and N.T.S. marked -up drawings will not I be accepted. • Note that the Contract Administrator's review of any drawings does not relieve the Supplier, I Fabricator, or Contractor from the responsibility of supplying materials as indicated on the Engineer's drawings or as specified in the Contract Documents. SECTION 1.18 -- CERTIFIED OUTLINE AND DESCRIPTIVE LITERATURE I Before any equipment or materials are used on the work, the Contractor shall submit to the Contract Administrator for approval, three (3) copies, plus the number of copies required for his own purposes, of manufacturer's certified outline drawings and literature fully describing all materials and equipment to be used on the project. Notwithstanding any equipment or materials having been approved, if at any time any equipment or materials used on the work purporting to be equivalent to those submitted do not meet the standards of this specification, then the Contract Administrator may cancel such approval at any time and have such material or equipment removed from the site and replaced by an approved material at no extra expense to the Owner. I SECTION 1.19 -- SPARE PARTS & INSTRUCTION MANUALS The Contractor shall supply all spare parts as required by the Specifications. They should be I made available to the Owner at commissioning or as agreed with the Owner. The Contractor shall supply four (4) sets of manuals for each and every item of equipment used on the project. The manuals shall contain the drawings and literature described under Sections 1.17 and 1.18 and information for operating, maintaining, adjusting, repairing, and dismantling 1 of each item of equipment. Manuals shall be bound in a three -ring binder. Binders shall be submitted to the Owner at least one month prior to the start-up and trial operation period. I DIVISION 1 -- GENERAL REQUIREMENTS SP -1 -7 SECTION 1.20 -- CERTIFICATES AND INSTRUCTIONS FOR EQUIPMENT The Contractor shall, unless otherwise s permitted or directed in writing by the Contract Administrator, furnish to the Owner before the issuance of the Certificate of Substantial Performance and before the Owner takes over the works from the Contractor: ' . Certificates or letters from the manufacturers of the equipment incorporated into the works (or from their accredited agents) stating that their qualified representatives have tested the equipment which they supplied and have found everything to be satisfactorily installed and in proper working order. • The equipment manufacturers' operation and maintenance instructions and parts lists for all equipment incorporated into the works under the Contract. • A certificate or letter from the electric power authority which has jurisdiction in the area of the works stating that the said Authority's representative has inspected the electrical installations in the works and is satisfied that they are in accordance with the said Authority's requirements. 1 SECTION 1.21 -- START -UP AND TRIAL OPERATION Prior to acceptance of the works by the Owner, the Contractor shall operate the works on a trial 1 basis. Start-up and operation will be under the supervision of the Contract Administrator and Owner's staff. The purpose of trial operation will be to satisfy the Contract Administrator that the components of the works work satisfactorily as a whole under various operating conditions, as directed by the Contract Administrator. The Contractor shall provide competent personnel, fully familiar with the works, to assist the Contract Administrator during the start-up and trial operation. These personnel shall be in addition to manufacturers' representatives who shall be present at the request of the Contract Administrator, and at the Contractor's expense as specified. The Contractor shall provide as many personnel as are required, and under no circumstances, shall the Contractor provide less than two men per shift. These men shall be familiar with mechanical, electrical, and general aspects. The Contractor shall rovide those personnel for 8 hours per day for one day of trial P P P Y 1 () Y operation. The price for this work shall be included in the appropriate item(s) in the "Schedule of Items and Prices" and shall include all travelling and living expenses. I 1 I DIVISION 1 -- GENERAL REQUIREMENTS SP -1 -8 1 If the operation of the works is judged unsatisfactory and attributable to the Contractor by the 1 Contract Administrator, the faults shall be remedied and trial operation by the Contractor continued as directed by the Contract Administrator at no extra expense to the Owner. The Contractor shall rovide all fuels, lubricants, electricity, and water for this trial operation P ty, at no extra cost to the Owner. The Certificate of Substantial Performance will not be issued until the Contractor's period of trial operation has been satisfactorily completed and certificates have been received by the Contract Administrator from the Equipment Suppliers stating that they have inspected and tested their equipment and have found everything to be satisfactorily installed and in proper working order. I I I I I I I I I I I DIVISION 13 CLEARWELL CLEANOUT 1 '1 1 1 1 l 1 I DIVISION 13 — CLEARWELL CLEANOUT SP -13 -1 I SECTION 13 -- CLEANOUT AND INSPECTION OF CLEARWELL 13.1 Scope of Work I This specification covers the procedure for cleanout, inspection and repair within the four sections of the clearwell and the high -lift pumpwell at the Kincardine Water Treatment Plant. I 13.2 Dewatering I Prior to commencement of work by the Contractor, the operators at the Kincardine Water Treatment Plant will pump the water levels in the clearwell and the high -lift pumpwell down as much as possible using the high -lift pumps at the plant. It is anticipated that this will result in I most of the water being removed from the clearwell cells. There may be up to 2 m of water remaining in the high -lift pumpwell. The Contractor will be responsible for removing any remaining water in the cells and high -lift pumpwell prior to cleanout, using portable pumps. I Remaining water to within 0.5 m of the pumpwell floor may be discharged to the backwash settling tank, located adjacent to the treatment plant. Any remaining water and sediment below this level shall be disposed of at the Kincardine sewage treatment plant as described later in this I Division. 13.3 Clearwell Access I Each of the four clearwell cells, and the high-lift pumpwell, g p p ell, can be accessed via external access hatches as shown on the drawings. In addition, interior access connections exist between Cells 1 and 4 and 3 and 4. No other access to the cells exists. I 13.4 Cleanout of Cells Following dewatering, the Contractor shall cleanout the clearwell and high -lift pumpwell cells I using the following procedure: • Install scaffolding platforms to a height of not less than 2.0 m from the ceiling of the cells I • Pressure wash concrete surfaces of walls, columns, and ceiling surfaces within 2.0 m of walls • Scrub all pressure washed surfaces with stiff bristled brushes I • Following brushing, rewash surfaces with pressure wash • A provisional item is included in the Schedule of Items and Prices to clean the remainder of the ceiling surfaces using the pressure wash/scrub /pressure wash procedure described I above • Following cleaning of all ceiling, wall and column surfaces, remove all sediment and I debris from the floor of the cells and pressure wash/scrub /pressure wash as described as above • It is anticipated that there will be approximately 50 mm to 100 mm of sediment on the Il floor of the cells, however this amount may vary I 1 DIVISION 13 — CLEARWELL CLEANOUT SP -13 -2 I 13.5 Disposal of Materials All liquid and sediment removed from the clearwell and pumpwell cells shall be disposed of by the Contractor at the Kincardine Wastewater Treatment Plant. All solid material and debris removed from the cells shall be disposed of by the Contractor at the Kincardine municipal 1 landfill site. The Contractor shall be responsible for all costs of removal, transportation, and tipping fees of the removed materials to the Wastewater Treatment Plant or landfill site. 13.6 Confined Space Entry ry The Contractor shall be responsible for all procedures and equipment required for confined space 1 entry to allow the cleanout and inspection of the cells, in accordance with Ontario Ministry of Labour requirements. Prior to starting work on the project, the Contractor shall submit a copy of his confined space entry and safety procedures. 13.7 Inspection ' Once the cells have been dewatered, the Owner and/or the Owner's Engineer will undertake a preliminary inspection of the interior of the clearwell and pumpwell cells. Access to the reservoir cells shall be undertaken in accordance with the Contractor's confined entry procedures, and the Contractor shall cooperate with the Owner and Engineer in this regard. The Contractor shall provide all necessary fall arrest and retrieval equipment for up to 2 of the Owner's 1 representatives being in the cells simultaneously. Safety harnesses will be supplied by the Owner or the Owner's Engineer. Following cleaning of the cells, a more thorough inspection and documentation will be undertaken. I 13.8 Repair It is anticipated that some remedial work p may be required to stop suspected leakage from the reservoir cells and address any issues related to unwanted cross - connections between the cells. The extent of the work required will be determined following inspection of the cells, and is to be carried out by the Contractor on a time and material basis as directed. The Contractor shall be prepared to commence with the repairs immediately upon being directed to do so. The extent and location of the required work may dictate the priorities for cleanout of the cells. 13.9 Disinfection and Recommissioning of Clearwell and Pumpwell I After the clearwell and pumpwell have been completely flushed and cleaned, they shall be disinfected in accordance with the provisions of AWWA C652 -02 (Method 2) and the following procedure: All surfaces which will be in contact with water when the tank is filled to overflow level, including the walls, floor and inlet/outlet piping are to be sprayed with a 200 mg/L chlorine solution. The surfaces must be in contact with the strong chlorine solution for a minimum of I I DIVISION 13 — CLEARWELL CLEANOUT SP -13 -3 30 minutes, following which the clearwell is to be filled to overflow level with water treated at the Kincardine Water Treatment Plant (WTP). The water added to the clearwell should have sufficient free chlorine that when the clearwell is filled, the free chlorine residual will remain at > 2 mg/L for a minimum of 24 hours. It shall be noted that the Contractor will be responsible for coordinating the operation of the Kincardine WTP with the operators, but that only the operators are licensed to run the equipment. After the clearwell has been filled for 24 hours and the free chlorine residual proven to remain over 2 mg/L, drain the clearwell (dechlorinating the water that is discharged) using a similar procedure as the first time it was drained. Refill with water treated by the Kincardine Water Treatment Plant. This water should have a free chlorine residual of approximately 1.5 mg/L. Within 36 hours, the plant operators will collect 1 set of samples for bacteriological testing, to ensure adequate disinfection. All water samples will be analyzed by a provincially accredited laboratory. One 200 ml bacteriological sample (bottles supplied by the Labs ONLY) will be obtained from each reservoir cell via the hatches. The sample form is to be filled out requesting E. coli (Fecal Coliform), Total Coliform and background analysis and is to include the sampler's license number. Each sample collected must include a Free Chlorine residual reading. The plant operators will take a second set of bacti samples 24 hours after the first set was collected and send them away for lab testing. The Owner or Municipality will pay Laboratory expenses for the initial first two sets of sampling requirement for bacteriological results. If the disinfection fails to produce satisfactory samples, disinfection shall be repeated at the Contractor's expense. The minimum requirements for acceptability of bacteriological tests are: E. coli (Fecal Coliform) Less than 1 cfu/100 ml Total Coliform Less than 1 cfu/100 ml Background Colonies Not greater than 200/100 ml The bacteriological samples must show no detectable coliforms before the treatment plant is put into service. If coliform bacteria are detected, the disinfection process must be repeated until satisfactory results are obtained. Once a complete set of tests, including the bacteriological samples, are satisfactory and the p g g p rY results are received, the Contract Administrator must request approval from the Municipality for the treatment plant to be placed back into operation. The Contract Administrator or designate must be present on -site until the start-up of the plant has been completed. All new piping, services and appurtenances placed in the connection of the new facility and existing water system must be disinfected with a 1.0% (10,000 mg/L) solution of sodium hypochlorite or equivalent method at the Contractor's expense. I DIVISION 13 — CLEARWELL CLEANOUT SP -13 -4 I 13.10 Scheduling of Works It is necessary to have the Kincardine Water Treatment Plant removed from service during the cleanout and remedial works in the clearwell and high -lift pumpwell. As such, it is desirable to undertake the work in as short a period as possible. The Contractor shall note the requirements I of Section 1.4 of these Specifications in this regard. I • 1 I I I 1 I I I I 1 I I I 1 1 DIVISION 15 ' MECHANICAL • I DIVISION 15 -- MECHANICAL SP -15 -1 SECTION 15.1 -- GENERAL 15.1.1 Scope of Work The requirements of Division 1 apply to this Division. • - Supply and install pre - selected equipment, piping, valves, mechanical equipment etc. necessary for a complete installation. i - Supply all lubricants and lubricate all equipment prior to operation. Supply and install all plumbing, piping, fixtures, drains with terminations as indicated. - Supply and install all fans, ductwork, dampers, and ancillary controls, etc. Ensure that all piping, valves and equipment have surfaces prepared and shop painted. 15.1.2 Shop Drawings The Contractor shall supply Shop Drawings in accordance with Section 1.17. SECTION 15.2 -- PRE - PURCHASED BACKWASH PUMP INSTALLATION A new backwash pump has been purchased by the Municipality of Kincardine for installation in the Kincardine water treatment plant. The pump was purchased from International Water Supply Limited (IWS) of Barrie, Ontario. Details of the pump can be found in Appendix A of these documents. The pump is presently being stored at the Kincardine water treatment plant. The Contractor shall arrange to have IWS disassemble the pump as required and install it into the high -lift pump well as shown on the drawings. Following connection of the discharge piping and electrical works, the Contractor shall arrange for IWS to return to site for start-up and commissioning of the pump. All IWS costs shall be borne by the Contractor and included in the appropriate item on the Schedule of Items and Prices. I SECTION 15.3 -- PIPING, VALVES & EQUIPMENT 15.3.1 Scope - Supply and install all mechanical equipment, piping, valves, etc., as necessary for a complete installation. Install all pre - selected equipment complete. Assist in equipment start-up and testing. I DIVISION 15 -- MECHANICAL SP -15 -2 t 15.3.2 Piping a) P.V.C. (Polyvinyl Chloride) (I) Rigid Schedule 80 Type 1, Grade 1, A.S.T.M. Spec. D -1784 with solvent welded joints; flanged 1 or threaded connections to valves and equipment; unions at equipment and valves if threaded connections; adaptors where required to connect to other pipe materials. b) Stainless Steel All process or water service piping 75 mm dia. and over, shall be stainless steel. Stainless steel I piping shall be manufactured in accordance with ASTM Specification A240 for Type 304L stainless steel, and supplied with all flanges as required. Pipe and fittings shall be pickled in the g p manufacturer's plant and cleaned of all discolouration to remove any iron picked up from the manufacturing process. All field welds shall be treated with pickling paste, scrubbed and washed with stainless wire brushes until clean. Particular care shall be exercised during fabrication and installation to avoid contact of stainless steel pipe with steel materials to avoid contamination of stainless steel by rusting of imbedded material. Stainless steel pipe and fittings shall conform to the following table: Diameter (mm) Equivalent Minimum Approximate Gauge Thickness (mm) 50 - 200 US 14 2.0 250 - 300 US 12 2.8 1 350 - 450 US 11 3.2 500 US 10 3.6 600 - 750 -- 4.8 750 and over Special Design -- Where pipe is to be embedded in concrete, wall thickness shall be increased to a minimum of one gauge thicker than shown above. Unless specified otherwise, all piping shall be suitable for a test pressure of 1035 kPa. p pp g p Elbows up to 450 mm diameter shall be smooth design, pressed type and welded. Elbows of greater diameter shall be mitered design with at least three sections for 45° bends, and five sections for 90° bends. I I 1 DIVISION 15 -- MECHANICAL SP -15 -3 1 Stub ends for flanges shall be suitable for Vanstone flanges. Pipe up to 400 mm shall be pressed flared type, pipes over 400 mm shall have rolled angle type with minimum thickness equal to the greater of pipe wall or US 11 gauge equivalent. Backing flanges shall be carbon steel, galvanized and drilled to CSA B16.1, Class 125 standards, as follows: Pipe Diameter (mm) Flange Thickness (mm) I Up to 250 19 250 - 300 25 350 - 400 29 I 450 - 500 32 600 35 1 750 - 900 38 Where flange adaptors are used, a 100 mm wide collar shall be welded to the pipe, to increase the wall thickness. Thickness of collar to suit adaptor used. Unless otherwise shown, all bolts and nuts used for flanged connections shall be galvanized. Following installation, stainless steel piping shall be cleaned to remove all dirt, labels, field markings etc. c) Stainless Steel Tube Stainless steel tubing shall be seamless or welded -seam, Type 316, with minimum wall thickness 1.00 mm. Tubing fittings shall be stainless steel. 15.3.3 Valves a) Butterfly Valves Butterfly valves 75 mm diameter and larger shall be rubber seated, short bodied, flanged, to A.W.W.A. C504, rated at 1000 kPa - DeZurik or approved equal. Valve shall be complete with cast iron body, stainless steel shaft, and bronze disc, or epoxy - coated ductile iron disc with stainless steel disc seating edge. Valves for air service shall have either bronze or stainless steel discs. Unless otherwise specified, valves for water service shall have a Buna N seat, while valves for air service shall have an EDPM seat. Valves shall be equipped with a handwheel operator appropriate for the size of valve being used. Operators shall be equipped with a valve position indicator. b) Check Valves Check valves 75 mm and larger shall be iron body, outside lever & weight, bronze mounted, resilient seat with flanged ends, conforming with AWWA C508 and C.S.A. B16.1, Class 125. Check valves installed in vertical piping shall have the lever properly oriented for this type of installation. I I DIVISION 15 -- MECHANICAL SP -15 -4 I c) Ball Valves Ball valves 50 mm dia. or less shall all stainless steel with stainless steel ball plastic covered handle, balancing stop plate, and be Apollo or equal. • d) Booster Pump Control Valve (High - Lift Pump #1) Control valves as shown on the Drawings shall be hydraulically operated cast iron globe body 1 valves complete with replaceable stainless steel trim. Stem assemblies shall be guided top and bottom. Flange ratings shall be A.N.S.I. B16.1, Class 125. Unless otherwise specified, valves shall have full sized trim. Valves shall be equipped with hydraulically and/or electrically operated external pilots as required for their intended function. Valves shall be equipped with indicator rods to show the location of the piston and to operate limit switches, if so equipped. External limit switches shall be mounted on the valve as required. Unless otherwise specified, valves shall be equipped with separate opening and closing speed controls. The new control valve for high -lift pump #1 is a booster pump control valve which allows the pump to be started and stopped against a closed valve. It is equipped with a solenoid valve which is energized when the pump is started, thus allowing the control valve to open at a rate which is controlled by a metering valve. The control valve remains wide open as long as the pump remains in the run mode. On pump shut -down the solenoid is de- energized while the pump continues to run. This allows the control valve to close at a rate controlled by a second metering valve. When the main valve is approximately 95% closed, a limit switch on the valve will stop the pump. In case of an emergency, such as a power failure, the control valve shall be capable of closing I immediately. The valve shall be of a double chamber or piston design with contoured seat to cause a gradual I change in flow area as the valve approaches the seat. The valve shall be Singer Model 106 -BPC with solenoid controls and limit switches to match the t existing. The tendered price for this item shall include the services of the valve supplier's representative for one 8 -hour day to assist with start-up and commissioning of the valve. e) Air and Vacuum Valves Air release valves shall be of the simple lever type and shall be capable of automatically releasing accumulated air from a fluid system while that system is in operation and under pressure. I I 1 DIVISION 15 -- MECHANICAL SP -15 -5 Air /vacuum valves shall be capable of automatically exhausting large quantities of air during the start-up of the vertical turbine pumps. They shall also allow air to re -enter during the draining of the pump column following pump shutdown. The inlet and outlet of the valve shall have the same cross - sectional area. Combination Air Release and Air/Vacuum valves shall combine the operating features of both air release and air /vacuum valves in a single housing. Valves shall be constructed of cast iron with stainless steel trim, floats, and lever mechanisms. All valves shall be equipped with isolating gate valves to allow removal of the air valve for service. Air /vacuum valves shall be equipped with throttling devices where specified. Air release and air /vacuum valves shall be as follows: Throttling Orifice g Valve Type Location Diameter Diameter Device Required Air/Vacuum HL Pump #1 50 mm - Yes 1 f) Duckbill Valves Duckbill check valves shall consist of an elastomer "duckbill with stainless steel collar -type coupling band. Valve materials shall be UV resistant, suitable for exterior installation. Valve shall be Tideflex Series TF -2, Onyx Valve Series DBS, or approved equal. 1 15.3.4 Equipment a) Pressure Gauges Provide pressure gauges complete with snubbing devices and isolating ball valves according to the following: - Gauges -- 114 mm dia. dial, complete with phosphor bronze bourdon tube and stainless steel rotary movement, liquid filled phenolic or reinforced polypropylene case. Accuracy ±h/2% of range. Trerice No. 450, Ashcroft Model 1279, or approved equal. - Range -- 0 — 400 kPa 15.3.5 Pipe and Valve Installation 1 a) General Install all pipe in locations as shown on the drawings, make deviations from these locations only after written approval from the Contract Administrator; obtain approval from Contract Administrator for location of piping not specifically shown on drawings. 1 1 j' DIVISION 15 -- MECHANICAL SP -15 -6 Provide pipe sleeves of stainless steel complete with seal rings welded on the outside where pipes pass through concrete walls and slabs. 1 Provide unions to permit removal of valves and equipment on all pipelines having threaded or solvent welded joints. 1 Install all piping in neat, parallel lines with valves located in accessible positions wherever possible. 1 Install underground process piping and drains in accordance with standard bedding details; install underground process pipe generally in accordance with Division 2 of these specifications unless otherwise required by the Contract Administrator. Provide valve and fittings at low points in exposed piping to permit drainage. 1 b) Hangers and Supports 1 All piping systems shall have anchorage, sway braces, guides and supports satisfactory to the Contract Administrator. All supporting equipment, with the exception of springs, shall be 1 designed with a minimum factor of safety of 5, based on the ultimate tensile strength of the material. Hangers or supports shall be based on the weight of the pipe, the weight of the medium transported, or the medium used for testing, whichever is heavier, and the weight of the insulation covering used. Anchors and guides shall be capable of withstanding the forces imposed by expansion and 1 contraction. Hangers or sway brace springs shall be designed so as not to exceed a unit fibre stress of 1 515 mPa when compressed solid. Locate supports so that the sag of the pipe is within limits that will permit drainage, and to avoid 1 excessive bending stresses from concentrated loads between supports. Suspend pipes in such a manner as to prevent an excessive stress, excessive variation in supporting force, and possible resonance with imposed vibrations while the system is in operation. Fabricate and install supports for all pipelines so they do not constrain the piping to such an extent as to cause excessive transfer of load from support to piping, or from support to support when expansion or contraction occurs. Supports, whether of the rigid or spring types, to be capable of taking the entire piping load imposed by expansion or contraction, by failure of 1 springs in spring supports, or during erection. Sway brace all flexibly supported lines to prevent undue or unwanted movement or vibration. 1 Sway braces shall not interfere with the proper thermal movement of the piping. Use approved sway brace that provides an instant counteracting force when required to control the piping. 1 I DIVISION 15 -- MECHANICAL SP -15 -7 Fabricate and assemble all parts of the supporting equipment so that it will not be disengaged by a movement of the supported pipe. Hanger rods to have welded or forged ties or suitable sockets to permit lateral movement of the j piping without setting up severe bending action in the rod. Fit pipe rings made of malleable iron with an adequate adjusting nut of the locking type threaded to a rod that will allow adjustment after erection while still supporting the load. Fabricate screw adjustment so that all threaded members will have a true and complete depth of thread. Turn buckles or adjusting nuts to have full length of thread in service while in use, the amount of adjustments to be plainly visible at all times. All screw or equivalent adjustments to be provided with suitable locking features. Manufactured hanger rods shall be from hot rolled steel rod ASTM Specification A -107 sized to withstand the load to be carried. Construct concrete supports and thrust blocks for pipes and fittings near concrete floor slab or concrete wall as shown on the drawings. Dowel concrete supports and thrust blocks into concrete floor or wall. Provide additional supports and thrust blocks as necessary for the proper support of the pipe and fittings. c) Pipe Sleeves and Chases r Provide pipe sleeves of stainless steel pipe complete with seal rings welded on the outside and chases for all piping. Sleeves to be large enough to permit installation and removal of the piping. Sleeves to project 25 mm above finished floor, unless otherwise required by the Contract Administrator. Where sleeves and chases have been omitted or incorrectly placed, do all cutting and patching required and remove all incorrectly placed sleeves and perform all the repair work to the satisfaction of the Contract Administrator. Where pipes, tubes or other type conduits pass through walls, ceilings, or floors, seal the annular space created by the inside surface of the sleeve and the pipe with Link -seals or approved equal to provide isolation. Seals to be constructed to provide air tightness in above - ground installations, and hydrostatic sealing in below -grade installations. The seals to be constructed to provide electrical insulation between the pipe and the wall, thus reducing chance of cathodic reaction between these two members. Seals made from synthetic rubber material to resist aging, ozone, sunlight, water and chemical action, with zincphosphate plated carbon steel bolts and metal parts to resist corrosion. Where boxouts are required to facilitate piping installation after construction of walls and slabs, seal the openings with expanding grout to provide a water -tight installation. d) Escutcheons Supply and install appropriate floor and ceiling plates for all exposed piping where piping extends through walls, floors, ceilings, and partitions. 1 1 DIVISION 15 -- MECHANICAL SP -15 -8 e) Provision for Pipe Movement Provide proper allowance for thermal expansion and contraction and install piping and equipment in such a manner that strain and weight does not come upon cast connections, fittings, or apparatus. 1 f) Pipe Welding Carry out pipe welding in accordance with standards of the Canadian Welding Bureau by welders who have been certified by the Canadian Welding Bureau. g) Pressure Tests Supply and install all labour, materials, and equipment to pressure test all piping. Minimum of two hours test duration with no leakage required in the presence of the Contract Administrator. Give three days' notice to Contract Administrator prior to tests. Conduct test prior to application of pipe covering. Clean all pipe of sediment, scale and other foreign matter prior to tests. 1 Remove all air from line during tests. Remove all specialty fittings, equipment and similar items and internal parts of piping system which are not designed to withstand the test pressure and replace after testing. Exercise care that test pressures are not accidentally applied to portions of the work that are not designed for such pressure. Conduct pressure tests with cold water. 1 Where entire piping system cannot be practically tested, portions may be tested as the installation permits. 1 Conduct tests at 1.5 times the maximum working pressure or 700 kPa, whichever is greater for a period of not less than 2 hours. 1 h) Cleaning Leave manufacturer's tags and labels showing the origin and grade of the goods until inspection is made. Thoroughly clean all piping systems upon completion of the installation. 1 i) Disinfection 1 All piping, valves, fittings and equipment in contact with potable water shall be disinfected with a 1.0% (10,000 mg/L) solution of sodium hypochlorite. The solution shall be applied as closely as possible to the time of the piping being placed back into service. The solution shall remain in contact with the surface for 30 minutes, after which it shall be rinsed with clean potable water. The Contractor shall take all reasonable precautions to not re- introduce contamination during subsequent assembly steps following disinfection. 1 1 DIVISION 15 -- MECHANICAL SP -15 -9 j) Nuts, Bolts, and Gaskets I Supply and install all nuts, bolts and gaskets at all pipe flanges, joints and equipment J connections, for all piping and equipment, including pre- selected equipment. 15.3.6 Equipment Installation a) General Follow manufacturer's recommendations for installation of equipment. Lift and move equipment in a manner which will not cause damage. Consult manufacturer for proper procedures. Construct concrete bases under equipment where indicated on the drawings or as required by the Contract Administrator. Level and plumb equipment before fastening down. Align all connections to equipment to ensure that undesirable stresses are not transferred to or from pipes or other connections. Supply and install all brackets, hangers, etc. required to support equipment. Leave manufacturers' tags and labels showing the origin and ade of goods until inspection g grade g p ion is made. 1 Thoroughly clean all equipment u on completion of the installation. g Y p p 1 1 1 1 r 1 i 1 1 1 1 1 1 DIVISION 16 ELECTRICAL 1 1 r 1 1 1 1 1 1 1 III DIVISION 16 - -EL ELECTRICAL SP-16-1 1 SECTION 16.1 -- GENERAL 1 16.1.1 General a) Governing Conditions The General Conditions of this Contract, Form of Tender, Supplementary General Conditions, Information for Tenderers and General Requirements under Division 1, heretofore specified, in I addition to any and all addenda, shall be read in conjunction with and shall apply to and govern each Section of this Division. $ b) Particular attention shall be paid to the following requirements as they relate to work under this Division. • Materials or approved equal and substitutions of suppliers. I Scheduling and completion. • Changes and extra work. I • Delivery and protection of equipment. • Scaffolding and access. • Temporary power during construction. I • Shop drawings and review by Engineer. • Inspection and rejection of work. • Completion and project close -out, manuals and Record Drawings. 1 c) This Division covers the electrical work for the Kincardine Water Treatment Plant, Backwash Pump Installation. I 16.1.2 Scope of Work 1 a) Work Included All labour, materials, equipment, tools and services necessary to complete the supply, installation 1 and connection of all electrical power, control, and related work, as specified under all Sections of Division 16, and/or detailed on the drawings, unless otherwise specifically noted. The work to be done under this Division of the Specifications includes the following major items: I • Supply and installation of variable frequency drive complete with wall - mounted enclosure • Supply and installation of a breaker in an existing MCC I • Instrumentation, control and monitoring wiring • Miscellaneous controls and equipment wiring, as required I Where equipment is provided under other Divisions and requires electrical power connections and services, these shall be provided to meet requirements or approved supplier's drawings. 1 1 DIVISION 16 -- ELECTRICAL SP -16- 2 b) Work Excluded 1 Electric motors, certain controls, and similar equipment supplied under other Divisions of this specification. The detailed description of specific items in this Division shall be referred to for the electrical work. 16.1.3 Electrical Systems Electrical system is comprised of the following: 1 • Power distribution -- 600/347 volt AC, 3 phase, 4 wire, 60 Hz • Controls and small power - 208/120 volt AC, 3 phase, 4 wire and 24 V DC, signals • Instrumentation: 4 -20 mA, 24 V DC signals 16.1.4 Codes, Permits and Inspection ' All local by -laws, codes, regulations, or ordinances applicable to electrical installations, including the Ministry of Labour, the local utility, the Electrical Safety Authority, and the Canadian Standards Association shall be complied with. Where regulations conflict, the maximum standard shall be applied. Should any changes in the drawings and specifications y g p cations be required to conform to the aforemen- tioned laws, codes, regulations or ordinances, the Engineer shall be notified prior to the time of submission of the bid. No extra charges will be allowed after the award of contract. All required permits and inspections, both temporary and final, shall be obtained and paid for by this Division. Following the completion of the work, a Certificate of final inspection from the Electrical Safety Authority shall be submitted to the Engineer for review. Warning signs and /or nameplates required by inspection authorities and Labour Laws shall be supplied and installed to suit. All materials and equipment shall be new and shall have C.S.A. approval or shall be approved by the Electrical Safety Authority. All materials and equipment shall conform to the applicable standards of ANSI, IEEE NEMA and EEMAC. 16.1.5 Maintenance Manuals For each location, four complete sets of Manufacturers' drawings, maintenance instructions, list 1 of manufacturers' representatives, parts lists, and operating instructions for all controls, equipment, etc., shall be provided following completion of construction. These are in addition to the specified number of shop drawings required for construction approval. Information shall be placed in hard cover three -ring binders, identified as "Electrical 1 1 1 DIVISION 16 -- ELECTRICAL SP -16 -3 1 Information shall be placed in hard cover three -ring binders, identified as "Electrical Maintenance Manuals" and shall be complete with neatly typed index pages and indexing tabs. General advertising literature will not be accepted. All maintenance data shall refer only to the specific model and type of equipment that has been installed on the project. All pertinent literature shall be prominently highlighted or underlined. 1 16.1.6 Examination of Site Failure by the Contractor to visit the site(s) of the works, as required in the Information for Tenderers, will not relieve the Contractor of the contingent liabilities and costs of additional work. 1 16.1.7 Working Drawings ' Electrical working drawings, showing the layout, size and details of all conduit and cable runs, outlets and equipment locations shall be prepared immediately after the award of the Contract. The drawings shall be of the same sheet size as the Contract Drawings and shall be fully labelled, complete with a Legend of Symbols. The Contractor will not be authorized to proceed with the work until the working drawings have been submitted and reviewed by the Engineer. 1 All conduits, cables, outlets, etc. shall be installed in accordance with both the Contract Drawings and Working Drawings. 16.1.8 Record Drawings The Contractor shall obtain two sets of white prints of the Contract drawings. On the first set shall be marked all changes and deviations from the Contract drawings. The changes shall be recorded as they are made so that a full record of the work is kept as the work progresses. The Engineer or his authorized representative shall have access to these drawings at all times during the progress of the work. On completion of the job, the Contractor shall neatly transfer all changes and deviations to the second set of drawings, in coloured ink and shall turn over both sets to the Engineer prior to the issuance of the Completion Certificate. 1 1 1 1 DIVISION 16 -- ELECTRICAL - SP 16 -4 16.1.9 Shop Drawings 1 Shop drawings shall be submitted in accordance with Division 1 of this specifications and as 1 specified below, showing details of construction, weights, accurate dimensions, capacities, performances and wiring diagrams for each piece of equipment as listed in this Section. 1 Shop drawings shall be noted with the following information: • Manufacturer's and Supplier's name • Catalogue model number • Project number and name 1 • Number identifying item on the drawings and/or in the specifications such as equipment, item number, panel identification letters, etc. Each shop drawing shall be checked and stamped as being correct by the trade purchasing the g Y P g item and by the Contractor before drawing is submitted. If the above requirements are not complied with, shop drawings will be returned to the Contractor for re- submission. 1 Full responsibility shall be assumed by the Contractor for timely submission of the shop drawings. A minimum of four weeks shall be allowed for the review. A schedule of shop drawings, shall be presented not later than four weeks after the award of the Contract, the anticipated dates when the drawings will be submitted for review shall be noted. 1 All pertinent information, such as physical dimensions, make, performance, electrical characteristics, etc., shall be verified. Responsibility shall be assumed for accuracy of equipment ' dimensions related to available space and accessibility, for maintenance and service, and compliance with Codes and Inspection Authorities. Shop drawings shall be submitted for, but not limited to, the following items: • Instrumentation including all major equipment • Variable frequency drive (VFD) • Line Harmonic filter for VFD • EEMAC 4 junction boxes • Safety disconnect switches • Load reactor (RE) or DV/DT for VFD 16.1.10 Grounding j The electrical system and equipment shall be grounded to the requirements of the electrical safety authority. The ground wire in multi- conductor cables shall serve as the equipment grounding conductor where used. Where flexible or PVC conduit is used, a separate copper ground wire and bonding jumper shall be installed, sized in accordance to conductor ampacity and the Ontario Electrical Safety Code. 1 1 1 DIVISION 16 -- ELECTRICAL SP -16 -5 1 Ground conductors shall be stranded copper with green insulation. Bare copper wire shall be 1 used only where specifically noted. Ground rods, clamps and ground rod inspection boxes shall be provided where shown on 1 drawings and as required by Code. Solidly ground all equipment, generators, transformer neutrals EYS seals and water piping. 16.1.11 Painting All pre - finished electrical equipment marred during installation or shipment shall be touched up using the same colour and type of finish as originally used in the factory. All paint shall be t thoroughly stirred before application. Surface preparation and painting shall be to the requirements of the Manufacturer and in accordance with other Divisions of this specification having jurisdiction. 16.1.12 Testing All parts of the electrical system(s) shall be tested for proper connection, operation and insulation to the approval of the Engineer. All faults, unintentional grounds, etc., shall be corrected prior to acceptance of the work. The entire control system shall be tested prior to the scheduled "start-up" day(s) required for commissioning the system to the Owner's satisfaction. Any additional cost incurred, caused directly by the Contractors non - compliance with the above, will be borne by the Contractor. 16.1.13 Requirements of Contract Drawings The Drawings for electrical work are essentially performance drawings, partly schematic, intended to convey the scope and the extent of work. They only indicate general arrangement and approximate location of apparatus, fixtures and general typical sizes and locations of equipment and connections. The drawings do not intend to show architectural, structural, or 1 mechanical details. The electrical drawings shall not be scaled. Information involving accurate dimensions to 1 structure shall be obtained from details shown on Architectural and Structural drawings or by site measurements. The electrical drawings shall be followed in conjunction with the Contractor's ' own working drawings when laying out the work. Any changes or additions to materials and /or equipment, necessary to accommodate structural conditions (runs around beams, columns, etc), shall be made at no additional cost to the Contract. Materials and /or equipment shall be relocated, if necessary, up to 1.8M, at no additional cost to the Contract, provided that the changes are made before installation and do not necessitate additional material or labour. 1 DIVISION 16 -- ELECTRICAL SP -16 -6 Clear space shall be left for, and work shall be done to accommodate, future materials and /or equipment as indicated, and to accommodate equipment and/or material supplied by other trades. All equipment sizes shall be verified in relation to space allowed, prior to proceeding with the work. The exact location and mounting elevation of equipment and fixtures as related to Architectural 1 or Structural details shall be confirmed on site. Location of outlets and /or connection points for equipment supplied by other trades shall be confirmed. 1 16.1.14 Cutting and Patching Chases, sleeves, anchor bolts and openings in the new construction shall be provided by this Division to the Engineer's approval. Sleeves shall be made waterproof where concrete work is subject to hydrostatic � pressure. subject Y p Clean-up and repair of any openings shall be made by this Division, where required. 16.1.15 Hangers, Inserts, Sleeves and Supports All foundations, supports, stands, platforms, etc., necessary for the proper installation of the work • shall be provided. They shall be concrete, masonry, steel, etc. as may be required and as approved by the Engineer or elsewhere shown or specified. All hangers, inserts, etc. to support conduit, fixtures and equipment installed under this Division shall be provided. They shall be installed so that all items will be in alignment and structurally sound. All methods of hanging shall be to the approval of the Engineer. Where structural bearings do not exist, angle or channel iron of sufficient size shall be provided from other structural bearings to support hangers or equipment. The use of wood, chain, strap or grappler bar hangers will not 1 be permitted. Percussion type (fastenings set by explosive charge) may be used only with written permission of the Engineer. All hardware used shall be stainless steel, cadmium lated or hot dipped galvanized. P pp $ 16.1.16 Relation to Other Trades 1 No trade shall carry out work beyond their expertise. Other sub -trade work shall be co- ordinated with electrical requirements to ensure that there is no interference between electrical and other trades and no delay caused by such work. All cutting and patching needed for electrical work shall be provided in or for all structures and 1 surfaces, where such openings and refinishings are not provided for use by other trades. Responsible members of other subtrades shall be notified of all openings, inserts, anchors, ' sleeves, hangers, foundations, etc., necessary for this installation. It shall be the responsibility of this Division to see that these are provided and correctly installed at the proper time. 1 1 1 DIVISION 16 -- ELECTRICAL SP -16 -7 16.1.17 Nameplates White laminated textolite nameplates with bevelled edges and black engraved lettering shall be provided on all disconnect switches, motor starters, panel boards, relays, push -button stations, control panels, pilot lights and any other control equipment. Lettering shall name loads fed or controlled with sufficient description on the nameplate to clearly identify the piece of equipment without reference to the drawing. Nameplates shall be secured with panhead self tapping screws. A list of nameplate titles and sizes shall be submitted to the Engineer for review prior to engraving. t In each power and lighting panel a neatly typed circuit schedule shall be provided, directly inside the door, enclosed in a clear plastic envelope, to identify the load associated with each branch ' circuit. 16.1.18 Plant Start - Up ( When a complete system, for this location, is ready for service, provide assistance for operating instruction and start-up procedures during scheduled start-up. Provide all assistance necessary to place the equipment into normal operating modes. SECTION 16.2 — SERVICE AND DISTRIBUTION 16.2.1 General a) General Requirements Instruction to Bidders, general conditions, the requirements of the Division 1 and Electrical General Provisions apply to this Section. b) Work Included • Conduit, Fittings, Outlets, Wire and Cable 1 • Connections to monitoring, mechanical and alarming equipment • Variable frequency drive unit and circuit breaker in MCC • Instrumentation and control connections to PLC. 16.2.2 Materials a) Conduit, Fittings and Outlets Connections to all motors and vibrating equipment shall be made with flexible galvanized steel conduit with PVC jacket, "Sealtite" or liquid- tight, unless otherwise shown or specified. Use minimum lengths, approximately 300 mm. DIVISION 16 -- ELECTRICAL SP -16 -8 1 Conduit between the VFD and motor terminal junction box shall be epoxy coated rigid galvanized steel conduit (ECRGSC) including all fittings and straps. All conduit fittings shall be IPEX or approved equal except for the above epoxy coated rigid galvanized steel conduit is to be used. 1 Ganged boxes shall be used in locations where more than one device is to be mounted. Masonry boxes shall be used for recessed block construction. 1 Two -hole PVC straps or epoxy coated two hole galvanized steel straps shall be used to support conduit work. 1 Stainless steel anchors (Hilti, Rawl or approved equivalent) and screws shall be used to attach clamps, clips, straps, junction boxes, outlet boxes, etc. to block and concrete walls. Toggle bolts 1 shall be used on surfaces other than masonry. Heavy duty stainless steel anchors shall be used for mounting equipment where weight determines. The use of powder activated type studs will not be permitted unless authorized by the Engineer. 1 b) Connectors and Terminations Flexible conduit connectors, used in conjunction with "Sealtite" flexible conduit, shall be Thomas & Betts 5331 Series, complete with a sealing ring, Thomas & Betts Series 5262 or approved equal. Terminations of all control wiring circuits shall be done with solderless connectors of the locking spade design, Thomas & Betts, "Sta -kon" or approved equal. Termination of motor leads to the feeder cables shall be made with colour -keyed one hole compression lugs, Thomas & Betts, 60000 Series, complete with cadmium plated (hex head) bolt, flat washer, compression washer and (hex) nut. Motor stub splice insulators, Thomas & Betts MSC Series, or approved equal, shall be used to insulate motor lead connections following 1 the installation of the connectors. All conductor connections (joints) of conductors #8 or smaller, in junction boxes or pull boxes 1 shall be made with spring type Marrette, Ideal Supernut, 3M Skotchlock connectors or approved equal. Connections of conductors #6 AWG or larger shall be made with g colour keyed compression connectors, Thomas & Betts Series 54000 or approved equal. Following compression, connections shall be taped and insulated with heat shrinkable tubing. c) Wire and Cable 1 All conductors shall be stranded copper with insulation rated at 1000V. Insulation on conductors above and below grade in conduit shall be Type RW90, cross -link polyethylene as indicated on the drawings. 1 DIVISION 16 -- ELECTRICAL SP -16 -9 1 Motor or branch circuit feeder sizes shall be as noted on the drawing and in no case shall be smaller than #12 AWG. Control wiring shall be of minimum size #14. Feeder and branch circuit conductor colour coding shall be as follows: Phase A - red Phase B - black Phase C - blue Neutral - white Control circuit conductors shall be red. 1 Where possible, the colour coding shall be permanently embedded in the conductors insulation. All low voltage d.c. (4 -20 ma) signal cables shall be 7 strand copper individually shielded pairs with overall shield, with 300 volt PVC insulation with overall PVC jacket, unarmoured as follows: 1 - single pair 2C #16: Shawflex Part No. 63022 -1601 - 2 pair: Shawflex Part No. 63022 -1602. All wiring shall be identified with Brady markers at all termination points and junction boxes. d) Disconnect Switches Switch ratings shall be as indicated or as required for the service specified. Switches shall be heavy duty dead front type with silver plated current carrying parts. Provision shall be made for padlocking the switches in the "OFF" position. Switches shall have an electrical interlock to turn off equipment before switch opens load current, where shown on the drawings. ' e) Motor Control Centre (MCC) The external operating handle of the fused disconnect or circuit breaker shall be interlocked with the door so the handle must be in the "off' position before the door can be opened. This handle shall allow padlocking in the "off' position and shall accommodate from one to three padlocks. The wiring within all MCC compartments shall be tagged at all connection points with printed sleeving, W.H.Brady Inc. "Omni- Grip" or approved equal, to agree with the schematic wiring diagrams. Test: Conduct tests in accordance with Section 16010 and manufacturer's recommendations. 1 1 DIVISION 16 -- ELECTRICAL SP-16-10 6 10 1 f) Variable Frequency Drives (VFD) Work Including 1 • The variable frequency drives shall be installed in a separate NEMA 1 floor mount . enclosure. • Supply, installation and commissioning of the variable frequency drives as shown on the drawings and as specified herein for the variable speed pumps. • The drive units shall be shop tested before delivery to the site and shall be field tested when installed. The testing shall be witnessed by the Engineer. • The units shall be complete with all anchors, brackets, nuts, bolts and washers. 1 Codes and Standards • Where provisions of pertinent codes or local bylaws conflict with these specifications, comply with the more stringent provisions. • The work shall be tendered on and shall be carried out in accordance with these 111 specifications and shall comply with the essential requirements of the latest editions of the Canadian Electrical Code C.22 -2, IEEE, ANSI, EEMAC and CSA Z299 -85 quality control. • High frequency transient noise protection shall be applied as defined in IEEE Standard 519. This shall include a Mirus Advanced Universal Harmonic Filter (AUHF) model "The Lineator" connected to the line side of the VFD, properly sized, as well as RF shielding around the UHF's and VFD's for the pumps. Suppliers and Manufacturers • The AC Variable Frequency Drive shall be as supplied by Benshaw. 1 General Description • Provide AC Variable Frequency Drives for operation of the pumps sized as required for the motors. • The AC Variable Frequency Drive shall be designed to operate on normal power and 111 on emergency standby generated power. To ensure complete co- ordination and proper acceptable matching of components it shall be the Supplier's responsibility to review the conditions to which these drives are to apply. The supplier shall be required to indicate, in writing, that the AC Variable Frequency Drives are properly matched and suitable for operation with the specified motors. • The AC Variable Frequency Drives shall be a voltage source type drive using a Sine Wave Pulse Width Modulated (SPWMT) output inverter section utilizing insulated- grade bipolar transistors (I.G.B.T.). The drives shall be rated and designed for continuous operation. 1 DIVISION 16 -- ELECTRICAL SP -16 -11 1 • The Drives shall be of robust design, incorporating Diodes, SCR's Transistors or GTO's. In either case, PRV values of the input stage shall be 1800 V or higher. In the inverter stage, maximum margins shall be kept for these devices. The current ratings of these devices shall allow for full operation with adequate margins and low 1 • • losses. Transient suppression of input and output (inverter) devices shall be of robust design • to meet the transient specifications listed under standards. • The inverter DC filter shall be sized to handle load transients, as well as continuous current, in the input. • The Variable Frequency Inverter shall have front access with all power components 1 accessible without removal of any items, such as logic or control. Logic and control shall be located remote from higher voltage components. • The drive shall be designed to allow testing while the system is operating as well as when the drive is de- energized. • The controller shall include a total documentation package that will enable complete ' maintenance and repair. The parts list shall include types of main devices along with a second source manufacturer capable of supplying equivalent devices. Final documents shall show actual manufacturer's part numbers and second source part 1 • numbers. Fast acting input line fuses shall be provided to protect the drive from major faults. All control circuitry shall be electrically isolated from the power circuitry. The drive 1 • shall have a feeder breaker as shown on the drawings. The drive output shall have double lugs, to permit emergency connection of leads in case of motor or pump failure. • The unit shall be designed to permit operating the motor under supply disturbances, transient load fluctuations and various operating deviations. • The design shall be based upon total environmental immunity, especially in the area 1 of transients (electrical), whether in the power circuit or in the logic control. • For maximum removal of harmonic distortion, EMI and RFI from entering the power lines, provide a Universal Harmonic Filter and connect to the line side of the VFD, 1 to comply with the FCC requirements and to meet IEEE -519 specifications. The unit shall be manufactured by Mirus model "The Lineator ", rated 660 volt for the 600 volt, 3 phase, 60 Hz power supply. Provide in same enclosure as VFD. • To attenuate line harmonics, reduce motor operating temperature, reduce audible motor noise, to filter electrical noise (pulsed distortion and line notching) and to ' improve waveform to the motor, provide a 5% impedance, harmonic compensated, epoxy impregnated series reactor or dv /dt, connected to the load side of the VFD. Provide in the same enclosure as VFD. 1 Operating Conditions and Ratings ' The Variable Frequency Drives shall operate reliably under the following operating conditions and be rated accordingly: - Input Voltage - 600 volt ±10 %, 3 phase 1 - Input Frequency - 60 Hz f5% 1 DIVISION 16 -- ELECTRICAL SP -16 -12 1 - Ambient Temperature - 0 to 40 ° C - Humidity - up to 95% non - condensing - Fault Level - 65 KA symmetrical - Input Power Factor - 0.95 at all loads - Input Harmonics - less than 5% RMS increase in voltage THD - Output Voltage - 600V, 3 phase Pulse Width Modulated wave form - Output Frequency - 6 to 63 Hertz - Output Current - rated for continuous duty of the motor and to withstand 150% of rated RMS for one (1) minute. - Output Harmonics - less than 5% RMS of FLA System Operation • A Hand/Off /Auto selector switch shall be provided to allow for local stop /start 1 operation and Potentiometer speed contact with auto operation from the 4 -20 mA signal from the PLC. Remote PLC control shall be achieved through suitable start/stop terminals and a 4 -20 mA d.c. signal proportional to speed. There shall be start/stop, manual speed control and the HOA selector switch on the panel. Dry contacts shall be supplied to indicate a VFD fault and motor RUN. Protection Features • The following protective features shall be provided: 1 - Input phase loss - DC bus under- voltage - DC bus over - voltage - Short circuit - Commutation error 1 - Semi - conductor over - temperature - Semi - conductor shoot through - Instantaneous over - current - 125 -150% rated current 1 - Overload - inverse time to trip (150% trip to 60 sec.) - Over - voltage - 1.1 x rated (fixed at factory) - Under - voltage - .8 x rated (adjusted) - Momentary power failure - coast to stop with automatic restart after time delay in automatic mode. 0 to 150 seconds adjustable - Overheat (heatsink) - fault trip at 90 °C - Stall protection - frequency feedback @ 150% current and O/L trip - Ground Fault - adjustable trip level - Power charge indication - Inrush current characteristics - shall not exceed 100 %, adjustable, of motor full load current during start up conditions regardless of speed signal input level. 1 1 1 DIVISION 16 -- ELECTRICAL SP -16 -13 1 Control Characteristics 1 • The control of the Variable Frequency Drives shall include, as a minimum, the following: - Control Method - pulse width modulation - Frequency Control Range = 20:1 - Frequency Accuracy - 0.5% - Frequency Resolution - 1% - Overload Capacity - 150% for 1 minute - Frequency Setting Signal - 0 -10 VDC or 4 -20 mA DC - Accel/Decel Time - Adjustable 10 -180 sec. each independent (Deceleration controlled or coast -stop) - Efficiency - above 96% - Breaking Torque - 10% inherent - V/F Patterns - (1) Constant torque (2) Variable torque 1 Construction • The drive enclosure shall be a standard construction suitable for wall mounting as shown on the drawings. Paint colour and finish shall be standard. All components previously specified shall be contained and pre -wired in the enclosure. • The enclosure shall have openings to provide ventilating airflow through the front of the 1 cabinet but RF shield to prevent RFI/EMI. All circuit boards shall be coated to withstand contamination. • All components shall be securely mounted for shipping. Incoming and outgoing cables ' shall be from the bottom or top. Terminal strips shall be provided in the controller cabinet for all field control wiring. All control wiring shall be identified with wrap- • ' around self - adhering wire number markers. Sufficient room shall be provided within the drive cabinet for field wiring to the terminal strip without obstructions or contact with power or control devices. 1 • The following operator devices shall be mounted on the enclosure door: - Power "on" pilot light - 87 mm ammeter ' - 87 mm frequency indicator calibrated 0 to 100 Hz. - Hand - Off -Auto selector switch - Manual speed adjust potentiometer 1 - Stop /Start push buttons - Reset pushbutton - Status indications - run, ready, fault, local - remote (N /O contacts for "fault" and “ run ” ). - Diagnostics - output over - current - Over - voltage 1 - Overload - Manual /off/auto control. - Provisions for remote operating devices as follows: 1 - 4 -20 mA signal for speed control 1 DIVISION 16 -- ELECTRICAL SP -16 -14 - Output ammeter 1 - Drive status - on, off, fault - Speed feedback signal (4 -20 mA isolated) - Start/Stop pushbuttons - Allow room for mounting selector switches ' g) Accessories 1. Start Stop Push buttons and Mode Selector switches: heavy duty, oil tight, labelled to indicate function, mounted on door. Make before break contacts for Mode Selector switches. 1 2. Indicating lights: heavy duty oil tight type green "Off', red "On ", amber (or yellow) "Failed" and white "Called" on door. 1 3. 1 - N/O and 1 - N/C spare auxiliary contacts for Run/Stop state unless otherwise indicated. , 4. 1 - N/O and 1 N/C spare auxiliary contacts for overload trip and 1 - N/O and 1 - N/C spare auxiliary contacts for SCR shorted. 5. Control Transformer - Single phase, dry type, control transformer with primary rated at motor voltage and 120V secondary, complete with secondary fuse, installed in with started as indicated. - Size control transformer for control circuit load plus 20% spare capacity. 6. Voltage Detector , - Controlab inc. Model #JSC -88 as supplied by Langford and Associates (416- 490 - 6546). 7. Phase Failure, Reversal and Unbalance Detector - Controlab inc. Model #DSP -1L as supplied by Langford and Associates (416- 490 - 6546). 1 h) Terminals Terminals strips at all locations shall be heavy-duty p vy uty screw terminals capable of accepting up to 8 ga. AWG wiring. Terminals shall be protected (not exposed) and shall be related, on the Contractor's drawings, to the circuit connected to the terminal. (e.g. terminals 1 and 2 connected to "A.C. Power - 120 Volts "). Terminal strip shall be Entrelec DIN rail mounted type M 6/8, part no. 115 118.11, rated 50A, 600 volt on DIN 1 rails c/w end stops part no. 103 002.26 and blank marker cards part no. 234 000.02 or approved equivalent. DIVISION 16 -- ELECTRICAL SP -16 -15 i) Flowmeter 1 Magnetic flow meters shall be suitable for potable water applications and shall be complete with the following features: • Sensor (FE) - electromagnetic pulsed DC at 3.75, 7.5 or 15 Hz - type 316 stainless steel electrodes - lining suitable for use with potable water - greater than 10 ohm input impedance 1 - ANSI Class 150 flange to flange mounting - submersible type • Transmitter (FIT) - 120 V AC, 60 Hz supply ' - remote mounting - microprocessor controlled electronics with gain and measuring range freely programmable ' - integral backlighted LCD flow indicator and totalizer in engineering units - adjustable low -flow and empty pipe blanking - auto zero calibration - remotely mounted as indicated on drawings • Output - 4 -20 mA DC linear, isolated into 750 ohm - pulsed output for flow totalization ' • Enclosures - EEMAC 4X for transmitter, submergence type for sensors • Operating Temperatures - minus 10 °C to 30 °C for sensor and transmitter • Accuracy - ±0.5% of flow rate over indicated typical range 1 • Minimum fluid conductivity - 20 micro - siemens /cm; potable water • Range and Size 1 Back wash Tag Location Tube Dia. Min. Flow Max. Flow F IT 411 Header 250 mm 20 L/s 200 L/s 1 1 DIVISION 16 -- ELECTRICAL SP -16 -16 1 • Mounting - complete with stainless steel grounding rings, bolts, and reducers were required - meter to be supplied with mounting flanges and mounting kit of correct size and ANSI Class rating as shown on the drawings - c/w minimum 10 m cable between flow element and transmitter Magnetic flowmeter shall be Rosemount 8705 c/w 8712 Remote Transmitter. 1 j) Pressure Switch A pressure switch shall be supplied and installed on the backwash pump discharge piping and shall be connected to the PLC to provide a backup low pressure alarm. adjustable over this adj be shall The pressure switch shall have a range of 1 to 400 kPa (60 psi) and sh a � range. Pressure switch shall be Davis Controls Mercoid DS 7231 -153 -6 or approved equal, complete with snubber and all necessary valves and fittings. 16.2.3 Workmanship a) General 1 Locate all electrical equipment and materials, as shown on the drawings and as specified herein, with due regard to structural conditions, wall, ceiling and floor finish, pipes, ducts and other equipment. Co- ordinate work with other trades so that all services function as intended; mount starters, panels, boxes and similar apparatus securely to walls, columns, structure or equipment; 1 provide all brackets, clamps, structural pieces, bolts, etc., for the purpose. In all cases "install" shall mean the complete mounting, wiring, connecting, interlocking where necessary, and testing of equipment. Any equipment relocation due to failure to comply with this rule, shall be done at 1 no extra charge to the contract. b) Conduit, Fittings and Outlets , Cap conduit ends and cables and cover equipment left unconnected during construction to prevent the entry of foreign matter. Properly seal all conduits left for future equipment. All PVC conduit and duct connections shall be made watertight using solvent cleaner and cement as recommended by the Manufacturer. Short lengths of flexible conduit shall be used at motors, fans and dampers. Ground cables shall be pulled along with the power cables. Outlet boxes shall be provided at fixtures and at equipment. 1 1 DIVISION 16 -- ELECTRICAL SP -16 -17 1 Provide 500 kg tensile strength nylon fish cord in all spare and empty conduits. 1 Co- ordinate conduit work with other trades. Pull cables when conduits are dry and use only lubricants approved for cable pulling. Splices shall be made only in junction or pull boxes. ' All conduits or wiring entering hazardous areas or where noted on the drawings shall be sealed with "EYS" explosion proof fittings and sealants (Crouse -Hinds "Chico A" with "Chico X" fiber) to prevent the leakage of gases and vapours. ' All conduits, fittings and outlets shall be concealed where P ossible. 1 Any conduit which, in the opinion of the Engineer, is not installed as good workmanship would call for, shall be taken out and replaced at no charge to the contract price. 1 Additional hangers, clips, etc., shall be installed, if so directed by the Engineer. ' All boxes shall be securely fastened and not dependent upon the conduit fastening. Where outlets, switches, panels, etc., are recess - mounted in exposed block walls, mounting 1 heights shall be adjusted to suit the block courses. All conduit shall be supported at intervals as required by Code, with approval type corrosion r resisting clamps (one or two hole clips). Galvanized hanger rods with galvanized channel iron shall be used where required. Perforated strap, wire, etc., will not be accepted. 1 Where rigid galvanized steel epoxy coat conduit is used, seal all thread joints and damage epoxy coated areas with Green -Guard touch -up compound ( #CLG -40) and apply with a brush. 1 c) Wire and Cable The drawings are not intended to show in detail the location and size of every wire. It shall be the Contractor's responsibility to ensure that each and every item of power and control equipment shown on any or all drawings, is properly supplied and interconnected by cables of the specified or approved type and sized for the intended purposes, as shown by the cable schedules, schematic and distribution diagrams, manufacturer's equipment diagrams, etc. All feeders shall be run in continuous length between power supply point and the load. No splices will be allowed in feeder cable. All branch circuit wiring and all systems wiring shall be identified at all panels, terminal, pull and junction boxes and termination points with W.H. Brady Inc., B -708, or approved equal, vinyl wire markers. All wiring within control panels, MCC's etc., shall be identified at all connection 1 points, with printed sleeving W.H. Brady Inc. "Omni -Grip" or approved equal. 1 DIVISION 16 -- ELECTRICAL SP -16 -18 1 All necessary power and control wiring to all equipment shall be supplied and installed to suit the power and control requirements noted on the drawings. It shall be noted that the drawings do not necessarily indicate the locations of each individual feeder, but these shall be located to best suit the site conditions. All wiring shall be sized so that voltage drop between the panelboard and the furthest outlet shall not exceed 2% when the circuit has a full load. 1 All wiring connections shall be made in accordance with the Connectors and Termination Section of the specification. Cables shall be spliced only in approved junction or pull boxes. Wiring connections, where required or specified, shall be made with a C.S.A. approved compression tool approved by the Engineer and the compression connector manufacturer. Control circuit wiring and signal wiring shall be in separate conduits and only signal wiring carrying the same type of signal shall be contained in the same conduit or multi - conductor cable. All wiring done by the Contractor or his forces within the MCC and Control Panels shall be neatly arranged and secured to the cabinet or enclosure with Thomas & Betts "TY -RAP" cable ties, or approved equal. d) Variable Frequency Drives A supervision period shall be allowed for by the supplier's qualified technical representative to thoroughly check the final installation, supervise start-up, finalize on -site adjustments, co- ordinate the field supervision by other suppliers within his area of responsibility, and submit a certificate to the Engineer on the installation and operation as specified, including no harmonic transmission to cause radio (EMI/RFI) or instrumentation interference. 1 The VFD's shall be installed as shown on the drawings for proper operation. e) Motor Control Centres Modify MCC as shown on the drawings. 1 Install equipment as shown on the drawings for proper operation. f) Control and Instrumentation Mount the instrumentation panels and auxiliary equipment in the locations as shown on the 1 drawing and as specified. Make all connections specified, or indicated on the drawings using PVC conduit and wiring. Use shielded wire, 2 conductor #16, for all signal (4 -20 mA d.c.) circuits, except as noted. Signal circuits shall not run in the same conduit as power circuits. 1 Make connections in conduit to the power and control services, and related equipment in accordance with the drawings. 1 1 DIVISION 16 -- ELECTRICAL SP -16 -19 1 Install all new signal wiring and conduit to the existing control panel CP2. Leave sufficient wire in the panel to allow termination. Signal wire termination at the existing PLC, and programming modifications, will be undertaken by others. 1 16.3 Control and Monitoring System 16.1 General Termination of wiring in the PLC cabinet (CP2) and program modifications to the existing SCADA system will be undertaken by the Owner's System Integrator and does not form part of this contact. 1 1 1 1 1 1 1 1 1 1 1 1 1 1 SGC -1 SUPPLEMENTAL .GENERAL CONDITIONS The followng i items shall supplement the OPS General Conditions of Contract, latest edition. 1 1.0 Section GC2.02, Order of Precedence, shall be revised such that documents shall take precedence and govern in the following order: 1 a) Agreement b) Addeida c) Special Provisions d) Contract Drawings e) Information to Bidders f) Standard Specifications g) Standard Drawings h) Tender i) Supplemental General Conditions j) General Conditions k) Working Drawings t Documents, 2.01.01 a 2.0 Section GC 2.01, Reliance on Contrac , ) shall be revised as follows: ' a) The location and depth of all utilities shown on the contract drawings are based on information obtained from the applicable operating authority. Neither the Owner nor 1 the Contract Administrator can warrant the locations of the utilities. I 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." ' lion GC8.02.08.03, Taxes, Sec , 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." Z: \wp \Contracts\Fonns \Supp. Gen. Conditions.doc 111 SGC -2 • 6.0 • Section GC3.05.01. Layout, shall be revised as follows:. The Contract Administrator shall, on behalf of 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. 1 • 1 1 1 1 1 1 • 1 1 1 1 1 1 Z: \wp \Contracts\Forms \Supp. Gen, Conditions.doc 1 1 1 1 ONTARIO PROVINCIAL STANDARDS 1 FOR 1 ROADS AND PUBLIC WORKS I fl ST4 ; p p • g /l 'qL -PRO 1 GENERAL CONDITIONS OF CONTRACT NOVEMBER 2006 1 1 1 xo =P six% Ontario Provincial Standards METRIC N for OPSS.MUNI 100 ... AT Roads and Public Works November 2006 1 c ''04L -PP� 1 OPS GENERAL CONDITIONS OF CONTRACT Table of Contents 1 SECTION GC 1.0 - INTERPRETATION GC 1.01 Captions 6 I GC 1.02 Abbreviations 6 I GC 1.03 Gender and Singular References 6 GC 1.04 Definitions 6 1 GC 1.05 Substantial Performance 11 GC 1.06 Completion 11 1 GC 1.07 Final Acceptance 11 GC 1.08 Interpretation of Certain Words 11 1 SECTION GC 2.0 - CONTRACT DOCUMENTS 1 GC 2.01 Reliance on Contract Documents 12 GC 2.02 Order of Precedence 12 1 SECTION GC 3.0 - ADMINISTRATION OF THE CONTRACT 1 GC 3.01 Contract Administrator's Authority 14 GC 3.02 Working Drawings 15 1 GC 3.03 Right of the Contract Administrator to Modify Methods and Equipment 16 GC 3.04 Emergency Situations 16 1 GC 3.05 Layout 16 GC 3.06 Extension of Contract Time 16 1 GC 3.07 Delays 17 GC 3.08 Assignment of Contract 17 1 GC 3.09 Subcontracting by the Contractor 18 1 1 Page 1 Rev. Date: 11/2006 OPSS.MUNI 100 1 1 GC 3.10 Changes 18 GC 3.10.01 Changes in the Work 18 1 GC 3.10.02 Extra Work 19 GC 3.10.03 Additional Work 19 1 GC 3.11 Notices 19 GC 3.12 Use and Occupancy of the Work Prior to Substantial Performance 19 1 GC 3.13 Claims, Negotiations, Mediation 20 I GC 3.13.01 Continuance of the Work 20 GC 3.13.02 Record Keeping 20 1 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 1 GC 3.13.07 Rights of Both Parties 21 GC 3.14 Arbitration 21 1 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 1 GC 3.15 Archaeological Finds 23 SECTION GC 4.0 - OWNER'S RESPONSIBILITIES AND RIGHTS 1 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 1 GC 4.06 Contractor's Right to Correct a Default 25 1 Page 2 Rev. Date: 11/2006 OPSS.MUNI 100 1 1 1 GC 4.07 Owner's Right to Correct a Default 26 1 GC 4.08 Termination of Contractor's Right to Continue the Work 26 GC 4.09 Final Payment to Contractor 26 1 GC 4.10 Termination of the Contract 26 GC 4.11 Continuation of Contractor's Obligations 27 I GC 4.12 Use of Performance Bond 27 1 GC 4.13 Payment Adjustment 27 SECTION GC 5.0 - MATERIAL 1 GC 5.01 Supply of Material 28 GC 5.02 Quality of Material 28 I GC 5.03 Rejected Material 28 I GC 5.04 Substitutions 29 GC 5.05 Owner Supplied Material 29 1 GC 5.05.01 Ordering of Excess Material 29 GC 5.05.02 Care of Material 29 I SECTION GC 6.0 - INSURANCE, PROTECTION AND DAMAGE 1 GC 6.01 Protection of Work, Persons, and Property 31 GC 6.02 Indemnification 31 1 GC 6.03 Contractor's Insurance 32 GC 6.03.01 General 32 1 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 GC 6.03.04.02 Watercraft Liability Insurance 33 I 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 1 1 Page 3 Rev. Date: 11/2006 OPSS.MUNI 100 1 1 GC 6.03.06 Contractor's Equipment Insurance 35 GC 6.03.07 Insurance Requirements and Duration 35 1 GC 6.04 Bonding 35 GC 6.05 Workplace Safety and Insurance Board 36 1 SECTION GC 7.0 - CONTRACTOR'S RESPONSIBILITIES AND CONTROL OF THE WORK 1 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 1 GC 7.05 Excess Loading of Motor Vehicles 40 GC 7.06 Condition of the Working Area 40 GC 7.07 Maintaining Roadways and Detours 40 I GC 7.08 Access to Properties Adjoining the Work and Interruption of Utility Services 41 GC 7.09 Approvals and Permits 41 1 GC 7.10 Suspension of Work 42 GC 7.11 Contractor's Right to Stop the Work or Terminate the Contract 42 1 GC 7.12 Notices by the Contractor 42 GC 7.13 Obstructions 43 1 GC 7.14 Limitations of Operations 43 GC 7.15 Cleaning Up Before Acceptance 43 1 GC 7.16 Warranty 43 GC 7.17 Contractor's Workers 44 GC 7.18 Drainage 44 SECTION GC 8.0 - MEASUREMENT AND PAYMENT GC 8.01 Measurement 45 1 GC 8.01.01 Quantities 45 I GC 8.01.02 Variations in Tender Quantities 45 1 Page 4 Rev. Date: 11/2006 OPSS.MUNI 100 1 1 1 GC 8.02 Payment 46 1 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 GC 8.02.03.11 Owner's Set -Off 51 1 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 GC 8.02.04.06.02 Standby Time 53 I 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 GC 8.02.05 Final Acceptance Certificate 55 S GC 8.02.06 Payment of Workers 55 I GC 8.02.07 Records 55 GC 8.02.08 Taxes 56 1 GC 8.02.09 Liquidated Damages 56 1 1 1 1 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 1 .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 "C SA" - 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 .01 For the purposes of this Contract the following definitions apply: 1 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. 1 Page 6 Rev. Date: 11/2006 OPSS.MUNI 100 1 1 1 Additional Work means work not provided for in the Contract and not considered by the Contract Administrator to be essential to the satisfactory completion of the Contract within its intended scope. Agreement means the agreement between the Owner and the Contractor for the performance of the Work that is included in the Contract Documents. 1 Base means a layer of material of specified type and thickness placed immediately below the pavement wearing surface layers, curb and gutter, or sidewalk. 1 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. 1 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 1 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. 1 1 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." 1 Cut - Off Date means the date up to which payment shall be made for work performed. Daily Work Records mean daily Records detailing the number and categories of workers and hours worked or on standby, types and quantities of Equipment and number of hours in use or on standby, and description and quantities of Material utilized. Day means a calendar day. Drawings or Plans mean any Contract Drawings or Contract Plans, or any Working Drawings or Working Plans, or any reproductions of drawings or plans pertaining to the Work. End Result Specification means specifications that require the Contractor to be responsible for supplying a product or part of the Work. The Owner accepts or rejects the final product or applies a price adjustment that is commensurate with the degree of compliance with the specification. 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 1 the quantities, unit prices, and final dollar amounts of all items of work completed under the Contract, including variations in tender items and Extra Work, all as set out in the same general form as the monthly estimates. 1 Force Account has the same meaning as "Time and Material." Geotechnical Report means a report or other information identifying soil, rock, and ground water conditions in the area of any proposed Work. Grade means the required elevation of that part of the Work. Hand Tools means tools that are commonly called tools or implements of the trade and include small power tools. Highway means a common and public highway any part of that is intended for or used by the general 1 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. 1 Page 8 Rev. Date: 11/2006 OPSS.MUNI 100 1 1 1 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. 1 Material means material, machinery, equipment and fixtures forming part of the Work. Owner means the party to the Contract for whom the Work is being performed, as identified in the Agreement, and includes, with the same meaning and import, "Authority." Pavement means a wearing course or courses placed on the Roadway and consisting of asphaltic concrete, hydraulic cement concrete, Portland cement concrete, or plant or road mixed mulch. Performance Bond means the type of security furnished to the Owner to guarantee completion of the Work in accordance with the Contract and to the extent provided in the bond. Plan Quantity means that quantity as computed from within the boundary lines of the Work as shown in the Contract Documents. Project means the construction of the Work as contemplated by this Contract. Quantity Sheet means a list of the quantities of Work to be done. Quarried Rock means material removed from an open excavation made in a solid mass of rock that, prior to removal, was integral with the parent mass. Quarry means a place where Aggregate has been or is being removed from an open excavation made in a solid mass of igneous, sedimentary, or metamorphic rock or any combination of these that, prior to removal, was integral with the parent areas. Rate of Interest means the rate of interest as determined under the Financial Administration Act by the Minister of Finance of Ontario and issued by, and available from, the Owner. Records mean any books, payrolls, accounts, or other information that relate to the Work or any Change in the Work or claims arising therefrom. Roadway means that part of the Highway designed or intended for use by vehicular traffic and includes 1 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 1 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. 1 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. 1 Tender means an offer in writing from the Contractor, submitted in the format prescribed by the Owner, to complete the Work. 1 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, 1 a) except Saturdays, Sundays and statutory holidays; b) except a Day as determined by the Contract Administrator, on which the Contractor is prevented by 1 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 1 1 1 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 1 or is being used for the purpose intended; and b) when the Work to be performed under the Contract is capable of completion or, where there is a known defect, the cost of correction, is not more than i. 3% of the first $500,000 of the Contract price, ii. 2% of the next $500,000 of the Contract price, and iii. 1% of the balance of the Contract price. 1 .02 For the purposes of this Contract, where the Work or a substantial part thereof is ready for use or is being used for the purposes intended and the remainder of the Work cannot be completed expeditiously for reasons beyond the control of the Contractor or, where the Owner and the Contractor agree not to complete the Work expeditiously, the price of the services or materials remaining to be supplied and required to complete the Work shall be deducted from the Contract price in determining Substantial Performance. GC 1.06 Completion .01 The Work shall be deemed to be completed and services or Materials shall be deemed to be last supplied to the Work when the price of completion, correction of a known defect, or last supply is not more than the lesser of, a) 1% of the Contract price; or b) $1,000. j 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," 11 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. 1 1 1 Page 11 Rev. Date: 11/2006 OPSS.MUNI 100 1 1 SECTION GC 2.0 - CONTRACT DOCUMENTS GC 2.01 Reliance on Contract Documents 1 .01 The Owner warrants that the information furnished in the Contract Documents can be relied upon with the following limitations or exceptions: a) The location of all mainline underground Utilities that may affect the Work shall be shown 9 Y to a tolerance of: i. 1 m horizontal, and H. 0.3 m vertical .02 The Owner does not warrant or make any representation with respect to: 1 a) interpretations of data or opinions expressed in any Subsurface Report available for the perusal of the Contractor, 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 1 .01 In the event of any inconsistency or conflict in the contents of the following documents, such documents shall take precedence and govern in the following descending order: a) Agreement b) Addenda c) Special Provisions d) Contract Drawings e) Standard Specifications f) Standard Drawings 1 g) Instructions to Tenderers h) Tender 1 i) Supplemental General Conditions j) General Conditions k) Working Drawings Later dates shall govern within each of the above categories of documents. .02 In the event of any conflict among or inconsistency in the information shown on Drawings, the following rules shall apply: a) Dimensions shown in figures on a Drawing shall govern where they differ from dimensions scaled from the same drawing; 1 b) Drawings of larger scale shall govern over those of smaller scale; 1 Page 12 Rev. Date: 11/2006 OPSS.MUNI 100 1 1 c) Detailed Drawings shall govern over general Drawings; and d) Drawings of a later date shall govern over those of an earlier date in the same series. .03 In the event of any inconsistency or conflict in the contents of Standard Specifications the following descending order of precedence shall govern: a) Owner's Standard Specifications 1 b) Ontario Provincial Standard Specifications c) Other Standard Specifications, such as those produced by CSA, CGSB, ASTM, and ANSI and referenced in the Ontario Provincial Standard Specifications .04 The Contract Documents are complementary, and what is required by any one shall be as binding as if required by all. 1 1 1 1 1 1 1 1 1 1 1 Page 13 Rev. Date: 11/2006 OPSS.MUNI 100 1 1 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 1 Work or the interpretation of the Contract Documents shall be referred to the Contract Administrator in writing by the Contractor. .03 The Contract Administrator may inspect the Work for its conformity with the Plans and Standard Specifications, and to record the necessary data to establish payment quantities under the schedule of tender quantities and unit prices or to make an assessment of the value of the work completed in the case of a lump sum price Contract. .04 The Contract Administrator shall determine the amounts owing to the Contractor under the Contract and shall issue certificates for payment in such amounts as provided for in Section GC 8.0, Measurement and Payment. .05 The Contract Administrator shall, with reasonable promptness, review and take appropriate action upon the Contractor's submissions such as shop drawings, product data, and samples in accordance with the Contract Documents. .06 The Contract Administrator shall investigate all allegations of a Change in the Work made by the Contractor and issue appropriate instructions. .07 The Contract Administrator shall prepare Change Directives and Change Orders for the Owner's approval. .08 Upon written application by the Contractor, the Contract Administrator and the Contractor shall jointly conduct an inspection of the Work to establish the date of Substantial Performance of the Work or the date of Completion of the Work or both. .09 The Contract Administrator shall be, in the first instance, the interpreter of the Contract Documents and the judge of the performance thereunder by both parties to the Contract. Interpretations and decisions of the Contract Administrator shall be consistent with the intent of the Contract Documents and, in making these decisions, the Contract Administrator shall not show partiality to either party. .10 The Contract Administrator shall have the authority to reject part of the Work or Material that does not conform to the Contract Documents. .11 In the event that the Contract Administrator determines that any part of the Work performed by the Contractor is defective, whether the result of poor workmanship; the use of defective material; or damage through carelessness or other act or omission of the Contractor and whether or not incorporated in the Work; or otherwise fails to conform to the Contract Documents, then the Contractor shall if directed by the Contract Administrator promptly remove the Work and replace, make good, or re- execute the Work at no additional cost to the Owner. .12 Any part of the Work destroyed or damaged by such removals, replacements, or re- executions shall be made good, promptly, at no additional cost to the Owner. 1 Page 14 Rev. Date: 11/2006 OPSS.MUNI 100 1 I .13 If, in the opinion of the Contract Administrator, it is not expedient to correct defective work or work I 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. I . .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. I .15 The Contract Administrator shall have the authority to temporarily suspend the Work for such reasonable time as may be necessary: I 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 I c) for the Contractor to remedy non - compliance in the case of such non - compliance with the provisions of the Contract by the Contractor. I The Contractor shall not be entitled to any compensation for suspension of the Work in these circumstances. 1 .16 The Owner has the right to terminate the Contract for wilful or persistent violation by the Contractor or its workers of the Occupational Health and Safety Act legislation and regulations, Workplace Safety and Insurance Board Act, and Regulation 309 of the Environmental Protection Act. I .17 If the Contract Administrator determines that any worker employed on the Work is incompetent, as defined by the Occupational Health and Safety Act, or is disorderly, then the Contract Administrator shall provide written notice to the Contractor and the Contractor shall immediately remove the worker from the Working Area. Such worker shall not return to the Working Area without the prior I written consent of the Contract Administrator. I 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. 1 .02 The Contractor shall submit Working Drawings to the Contract Administrator with reasonable promptness and in orderly sequence so as to not cause delay in the Work. If either the Contractor or the Contract Administrator so requests, they shall jointly prepare a schedule fixing the dates for I 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. I .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. I .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 I Contract Documents, unless a deviation on the Working Drawings has been approved in writing by the Contract Administrator. 1 i 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 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. 1 .03 Notwithstanding the foregoing, the Contractor shall ensure that all necessary safety precautions and protection are maintained throughout the Work. GC 3.04 Emergency Situations .01 The Contract Administrator has the right to determine the existence of an emergency situation and, when such an emergency situation is deemed to exist, the Contract Administrator may instruct the Contractor to take action to remedy the situation. If the Contractor does not take timely action or, if the Contractor is not available, the Contract Administrator may direct others to remedy the situation. .02 If the emergency situation was the fault of the Contractor, the remedial work shall be done at the Contractor's expense. If the emergency situation was not the fault of the Contractor, the Owner shall pay for the remedial work. GC 3.05 Layout .01 The Contract Administrator shall provide baseline and benchmark information for the general location, alignment, and elevation of the Work. The Owner shall be responsible only for the correctness of the information provided by the Contract Administrator. GC 3.06 Extension of Contract Time 1 .01 An application for an extension of Contract Time shall be made in writing by the Contractor to the Contract Administrator as soon as the need for such extension becomes evident and at least 15 Days prior to the expiration of the Contract Time. The application for an extension of Contract Time shall enumerate the reasons, and state the length of extension required. .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. 1 c) Extra Work, clause GC 3.10.02. 1 Page 16 Rev. Date: 11/2006 OPSS.MUNI 100 1 1 1 d) Additional Work, clause GC 3.10.03. I .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. 1 .04 The Contract Time shall be extended for such additional time as may be recommended by the Contract Administrator and deemed fair and reasonable by the Owner. 1 .05 The terms and conditions of the Contract shall continue for such extension of Contract Time. GC 3.07 Delays III .01 If the Contractor is delayed in the performance of the Work by, a) war, blockades, and civil commotions, errors in the Contract Documents; 1 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; I 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; 1 d) the Contract Administrator giving notice under subsection GC 7.10, Suspension of Work; e) abnormal inclement weather; or 1 f) archaeological finds in accordance with subsection GC 3.15, Archaeological Finds, J 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 I 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 1 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 I 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. I .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. I 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. 1 I Page 17 Rev. Date: 11/2006 OPSS.MUNI 100 GC 3.09 Subcontracting by the Contractor .01 The Contractor may subcontract any part of the Work, subject to these General Conditions and any limitations specified in the Contract Documents. .02 The Contractor shall notify the Contract Administrator 10 Days prior to the start of construction, in writing, of the intention to subcontract. Such notification shall identify the part of the Work, and the Subcontractor with whom it is intended. .03 The Contract Administrator shall, within 5 Days of receipt of such notification, accept or reject the intended Subcontractor. The rejection shall be in writing and shall include the reasons for the rejection. .04 The Contractor shall not, without the written consent of the Owner, change a Subcontractor who has been engaged in accordance with this subsection. .05 The Contractor shall preserve and protect the rights of the parties under the Contract with respect to that part of the Work to be performed under subcontract and shall, a) enter into agreements with the intended Subcontractors to require them to perform their work in accordance with the Contract Documents; and 1 b) be as fully responsible to the Owner for acts and omissions of the Contractor's Subcontractors and of persons directly or indirectly employed by them as for acts and omissions of persons directly employed by the Contractor. .06 The Owner's consent to subcontracting by the Contractor shall not be construed to relieve the Contractor from any obligation under the Contract and shall not impose any liability upon the Owner. Nothing contained in the Contract Documents shall create a contractual relationship between a Subcontractor and the Owner. GC 3.10 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. 1 1 Page 18 Rev. Date: 11/2006 OPSS.MUNI 100 1 1 1 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 1 Order or Change Directive the Contractor shall proceed with the Extra Work. .02 The Contractor may apply for an extension of Contract Time according to the terms of subsection GC 3.06, Extension of Contract Time. .03 Either the Owner or Contractor may initiate negotiations upwards or downwards for the payment for the Extra Work pursuant to subsection GC 3.13, Claims, Negotiations, Mediation, or payment may be made according to the conditions contained in clause GC 8.02.04, Payment on a Time and Material Basis. GC 3.10.03 Additional Work .01 The Owner, or Contract Administrator where so authorized, may request the Contractor to perform Additional Work without invalidating the Contract. If the Contractor agrees to perform Additional Work, the Contractor shall proceed with such Additional Work upon receipt of a Change Order. .02 The Contractor may apply for an extension of Contract Time according to the terms of subsection GC 3.06, Extension of Contract Time. .03 Payment for the Additional Work may be negotiated pursuant to subsection GC 3.13, Claims, Negotiations, Mediation, or payment may be made according to the conditions contained in clause GC 8.02.04, Payment on a Time and Material Basis. 1 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. t .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 I 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 1 the Work or any part thereof prior to Substantial Performance, provided that at least 30 Days written notice has been given to the Contractor. 1 .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 1 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 serving or receiving any notification of a claim or dispute, verbal or written, continue to proceed with the Work with due diligence and expedition. It is understood by the parties that such action shall not jeopardize any claim it may have. GC 3.13.02 Record Keeping .01 Immediately upon commencing work that may result in a claim, the Contractor shall keep Daily Work Records during the course of the Work, sufficient to substantiate the Contractor's claim, and the Contract Administrator shall keep Daily Work Records to be used in assessing the Contractor's claim, all in accordance with clause GC 8.02.07, Records. .02 The Contractor and the Contract Administrator shall attempt to reconcile their respective Daily Work Records on a daily basis, to simplify review of the claim, when submitted. If the Contractor and the Contract Administrator fail to reconcile their respective Daily Work Records, then the Contractor shall submit its Daily Work Records as part of its claim, whereby the resolution of the dispute about the Daily Work Records shall not be resolved until there is a resolution of the claim. .03 The keeping of Daily Work Records by the Contract Administrator or the reconciling of such Daily Work Records with those of the Contractor shall not be construed to be acceptance of the claim. GC 3.13.03 Claims Procedure .01 The Contractor shall give verbal notice of any situation that may lead to a claim for additional payment immediately upon becoming aware of the situation. .02 The Contractor shall provide written notice in the standard form "Notice of Intent to Claim" within 7 Days of the commencement of any part of the Work that may be affected by the situation. .03 The Contractor shall submit detailed claims as soon as reasonably possible and in any event no later than 30 Days after completion of the work affected by the situation. The detailed claim shall: a) identify the item or items in respect of which the claim arises; b) state the grounds, contractual or otherwise, upon which the claim is made; and c) include the Records maintained by the Contractor supporting such claim. In exceptional cases, the 30 Days may be increased to a maximum of 90 Days with approval in writing from the Contract Administrator. .04 Within 30 Days of the receipt of the Contractor's detailed claim, the Contract Administrator may 1 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 1 1 .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 1 GC 3.14.01 Conditions of Arbitration .01 If a claim is not resolved satisfactorily through the negotiation stage noted in clause GC 3.13.04, Negotiations, or the mediation stage noted in clause GC 3.13.05, Mediation, either party may invoke the provisions of subsection GC 3.14, Arbitration, by giving written notice to the other party. 1 Page 21 Rev. Date: 11/2006 OPSS.MUNI 100 1 .02 Notification that arbitration shall be implemented p nted 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. 111 .04 The rules and procedures of the Arbitration Act, 1991, S.O. 1991, c.17, as amended, shall apply to any arbitration conducted hereunder except to the extent that they are modified by the express provisions of subsection GC 3.14, Arbitration. GC 3.14.02 Arbitration Procedure .01 The following provisions are to be included in the agreement to arbitrate and are subject only to such right of appeal as exist where the arbitrator has exceeded his or her jurisdiction or have otherwise disqualified him or herself: a) All existing actions in respect of the matters under arbitration shall be stayed pending arbitration; 1 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 1 c) Before proceeding with the arbitration, the Contractor shall confirm that all matters in dispute are set out in the schedule. GC 3.14.03 Appointment of Arbitrator .01 The arbitrator shall be mutually agreed upon by the Owner and Contractor to adjudicate the dispute. 1 .02 Where the Owner and Contractor cannot agree on a sole arbitrator within 30 Days of the notification of arbitration noted in paragraph GC 3.14.01.02, the Owner and the Contractor shall each choose an appointee within 37 Days of the notice of arbitration. .03 The appointees shall mutually agree upon an arbitrator to adjudicate the dispute within 15 Days after the last appointee was chosen or they shall refer the matter to the Arbitration and Mediation Institute of Ontario Inc., which may select an arbitrator to adjudicate the dispute within 7 Days of being requested to do so. .04 The arbitrator shall not be interested financially in the Contract nor in either party's business and shall not be employed by either party. .05 The arbitrator may appoint independent experts and any other persons to assist him or her. .06 The arbitrator is not bound by the rules of evidence that govern the trial of cases in court but may hear and consider any evidence that the arbitrator considers relevant. .07 The hearing shall commence within 90 Days of the appointment of the arbitrator. 1 GC 3.14.04 Costs .01 The arbitrator's fee shall be equally shared by the Owner and the Contractor. 1 .02 The fees of any independent experts and any other persons appointed to assist the arbitrator shall be shared equally by the Owner and the Contractor. 1 Page 22 Rev. Date: 11/2006 OPSS.MUNI 100 I 1 .03 The arbitration hearing shall be held in a place mutually agreed upon by both parties or in the event I 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. 1 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 I 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. I 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 I immediately notify the Contract Administrator and suspend operations within the area identified by the Contract Administrator. Notification may be verbal provided that such notice is confirmed in writing within 2 Days. Work shall remain suspended within that area until otherwise directed by the Contract Administrator in writing, in accordance with subsection GC 7.10, Suspension of Work. I .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. t .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. I .04 The Contractor shall take all reasonable action to minimize additional costs that may accrue as a result of any work stoppage. 1 I 1 1 1 1 I 1 Page 23 Rev. Date: 11/2006 OPSS.MUNI 100 1 SECTION ION GC 4.0 - OWNER'S RESPONSIBILITIES AND RIGHTS GC 4.01 Working Area 1 .01 The Owner shall acquire all property rights that are deemed necessary by the Owner for the construction of the Work, including temporary working easements, and shall indicate the full extent of the Working Area on the Contract Drawings. .02 The Geotechnical Report and Subsurface Report that may be provided by the Owner as part of the tender documents shall form part of the Contract Drawings. 1 GC 4.02 Approvals and Permits .01 The Owner shall pay for all plumbing and building permits. 1 .02 The Owner shall obtain and pay for all permits, licences, and certificates solely required for the design of the Work. 1 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; 1 c) the following hazardous materials are ordinarily present in construction activities: limestone, gypsum, marble, mica, and Portland cement; and d) exposure to these substances may occur as a result of activities by the Contractor such as sweeping, grinding, crushing, drilling, blasting, cutting, and abrasive blasting. .03 The Owner shall identify in the Contract Documents any designated substances or hazardous 1 materials other than those identified above and their location in the Working Area. .04 If the Owner or Contractor discovers or is advised of the presence of designated substances or hazardous materials that are in addition to those listed in paragraph GC 4.03.02, or not clearly identified in the Contract Documents according to paragraph GC 4.03.03, then verbal notice shall be provided to the other party immediately with written confirmation within 2 Days. The Contractor shall stop work in the area immediately and shall determine the necessary steps required to complete the work in accordance with applicable legislation and regulation. .05 The Owner shall be responsible for any reasonable additional costs of removing, managing and disposing of any material not identified in the Contract Documents, or where conditions exist that could not have been reasonably foreseen at the time of tendering. All work under this paragraph shall be deemed to be Extra Work. 1 Page 24 Rev. Date: 11/2006 OPSS.MUNI 100 1 1 .06 Prior to commencement of the Work, the Owner shall provide to the Contractor a list of those I 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 1 provide relevant Material Safety Data Sheets. . GC 4.04 Construction Affecting Railway Property I .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. I .02 Every precaution shall be taken by the Contractor to protect all railway property at track crossings; or otherwise, on which construction operations are to take place in accordance with the terms of this Contract. 1 .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 1 Equipment, as well as railway property throughout the duration of the Contract. GC 4.05 Default by the Contractor I .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, I if the Contract Administrator has given a written statement to the Owner and Contractor that sufficient cause exists to justify such action, the Owner may, without prejudice to any other right or remedy the Owner may have, notify the Contractor in writing that the Contractor is in default of the Contractor's contractual obligations and instruct the Contractor to correct the default in the 5 Working Days immediately following the receipt of such notice. .02 If the Contractor is adjudged bankrupt, or makes a general assignment for the benefit of creditors I 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. 1 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 I 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 I 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; 1 b) provides the Owner with an acceptable schedule for the progress of such correction; and I c) completes the correction in accordance with such schedule. 1 i Page 25 Rev. Date: 11/2006 OPSS.MUNI 100 1 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, 1 Contractor's Right to Correct a Default, or subsequently agreed upon, the Owner, without prejudice to any other right or remedy the Owner may have, may terminate the Contractor's right to continue the Work in whole or in part by giving written notice to the Contractor. .02 If the Owner terminates the Contractor's right to continue with the Work in whole or in part, the Owner shall be entitled to, a) take possession of the Working Area or that portion of the Working Area devoted to that part of the Work terminated; b) use the Equipment of the Contractor and any Material within the Working Area that is intended to 111 be incorporated into the Work, the whole subject to the right of third parties; c) withhold further payments to the Contractor with respect to the Work or the portion of the Work withdrawn from the Contractor until the Work or portion thereof withdrawn is completed; d) charge the Contractor the additional cost over the Contract price of completing the Work or portion thereof withdrawn from the Contractor, as certified by the Contract Administrator and any additional compensation paid to the Contract administrator for such additional service arising from the correction of the default; e) charge the Contractor a reasonable allowance, as determined by the Contract Administrator, to cover correction to the Work performed by the Contractor that may be required under subsection GC 7.16, Warranty; f) charge the Contractor for any damages the Owner sustained as a result of the default; and g) charge the Contractor the amount by which the cost of corrections to the Work under subsection GC 7.16, Warranty, exceeds the allowance provided for such corrections. GC 4.09 Final Payment to Contractor .01 If the Owner's cost to correct and complete the Work in whole or in part is Tess 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 1 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. 1 1 Page 26 Rev. Date: 11/2006 OPSS.MUNI 100 1 1 .02 If the Owner elects to terminate the Contract, the Owner may provide the Contractor and the trustee 1 or receiver with a complete accounting to the date of termination. GC 4.1 Continuation of Contractor's Obligations 1 .01 The Contractor's obligation under the Contract as to quality, correction, and warranty of the Work performed prior to the time of termination of the Contract or termination of the Contractor's right to continue with the Work in whole or in part shall continue to be in force after such 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 j .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. 1 1 1 1 1 1 1 1 1 1 Page 27 Rev. Date: 11/2006 OPSS.MUNI 100 1 SECTION GC 5.0 - MATERIAL GC 5.01 Supply of Material 1 .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 1 Documents. .02 Material supplied by the Contractor shall conform to the requirements of the Contract. 1 .03 As specified in the Contract Documents or as requested by the Contract Administrator, the Contractor shall make available, for inspection or testing, a sample of any Material to be supplied by the Contractor. .04 The Contractor shall obtain for the Contract Administrator the right to enter onto the premises of the Material manufacturer or supplier to carry out such inspection, sampling, and testing as specified in the Contract Documents or as requested by the Contract Administrator. .05 The Contractor shall notify the Contract Administrator of the sources of supply sufficiently in advance of the Material shipping dates to enable the Contract Administrator to perform the required inspection, sampling, and testing. .06 The Owner shall not be responsible for any delays to the Contractor's operations where the Contractor fails to give sufficient advance notice to the Contract Administrator to enable the Contract Administrator to carry out the required inspection, sampling, and testing before the scheduled shipping date. .07 The Contractor shall not change the source of supply of any Material without the written authorization of the Contract Administrator. .08 Material that is not specified shall be of a quality best suited to the purpose required, and the use of such Material shall be subject to the approval of the Contract Administrator. .09 All Material inspection, sampling, and testing shall be carried out on random basis in accordance with the standard inspection or testing methods required for the Material. Any approval given by the Contract Administrator for the Materials to be used in the Work based upon the random method shall not relieve the Contractor from the responsibility of incorporating Material that conforms to the Contract Documents into the Work or properly performing the Contract and of any liability arising from the failure to properly perform as specified in the Contract Documents. GC 5.03 Rejected Material .01 Rejected Material shall be removed from the Working Area expeditiously after the notification to that effect from the Contract Administrator. Where the Contractor fails to comply with such notice, the Contract Administrator may cause the rejected Material to be removed from the Working Area and disposed of, in what the Contract Administrator considers to be the most appropriate manner, and the Contractor shall pay the costs of disposal and the appropriate overhead charges. 1 1 Page 28 Rev. Date: 11/2006 OPSS.MUNI 100 1 1 GC 5.04 Substitutions .01 Where the Contract Documents require the Contractor to supply a Material designated by a trade or other name, the Tender shall be based only upon supply of the Material so designated, that shall be regarded as the standard of quality required by the Contract Documents. After the acceptance of 1 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 I "Certification of Equality" and, if any adjustment to the Contract price is made by reason of such substitution, a Change Order shall be issued as well. GC 5.05 Owner Supplied Material GC 5.05.01 Ordering of Excess Material .01 Where Material is supplied by the Owner and where this Material is ordered by the Contractor in excess of the amount specified to complete the Work, such excess Material shall become the property of the Contractor on completion of the Work and shall be charged to the Contractor at cost plus applicable overheads. GC 5.05.02 Care of Material .01 The Contractor shall, in advance of receipt of shipments of Material supplied by the Owner, provide adequate and proper storage facilities acceptable to the Contract Administrator, and on the receipt of such Material shall promptly place it in storage, except where it is to be incorporated forthwith into the Work. .02 The Contractor shall be responsible for acceptance of Material supplied by the Owner, at the specified delivery point and for its safe handling and storage. If such Material is damaged while under the control of the Contractor, it shall be replaced or repaired by the Contractor at no expense to the Owner, and to the satisfaction of the Contract Administrator. If such Material is rejected by the Contract Administrator for reasons that are not the fault of the Contractor, it shall remain in the care and at the risk of the Contractor until its disposition has been determined by the Contract Administrator. .03 Where Material supplied by the Owner arrives at the delivery point in a damaged condition or where there are discrepancies between the quantities received and the quantities shown on the bills of lading, the Contractor shall immediately report such damage or discrepancies to the Contract Administrator who shall arrange for an immediate inspection of the shipment and provide the Contractor with a written release from responsibility for such damage or deficiencies. Where damage or deficiencies are not so reported, it shall be assumed that the shipment arrived in good condition and order, and any damage or deficiencies reported thereafter shall be made good by the Contractor at no extra cost to the Owner. 1 Page 29 Rev. Date: 11/2006 OPSS.MUNI 100 1 1 .04 The full amount of Material supplied by the Owner in each shipment shall be accounted for by the Contractor and such Material shall be at the risk of the Contractor after taking delivery. Such Material shall not, except with the written permission of the Contract Administrator, be used by the Contractor for purposes other than the performance of the Work under the Contract. .05 Empty reels, crates, containers, and other type of packaging from Material supplied by the Owner shall become the property of the Contractor when they are no longer required for their original purpose and shall be disposed of by the Contractor, 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. 1 1 1 1 1 1 1 1 1 1 1 Page 30 Rev. Date: 11/2006 OPSS.MUNI 100 1 1 1 1 SECTION GC 6.0 - INSURANCE, PROTECTION AND DAMAGE GC 6.01 Protection of Work, Persons and Property 1 .01 The Contractor, the Contractor's agents, and all workers employed by or under the control of the Contractor, including Subcontractors, shall protect the Work, persons, and property from damage or injury. The Contractor shall be responsible for all losses and damage that may arise as the result of 1 the Contractor's operations under the Contract, unless indicated to the contrary below. .02 The Contractor is responsible for the full cost of any necessary temporary protective work or works and the restoration of all damage where the Contractor damages the Work or property in the performance of the Contract. If the Contractor is not responsible for the damage that occurs to the Work or property, the Contractor shall restore such damage, and such work and payment shall be administered according to these General Conditions. ' .03 The Contractor shall immediately inform the Contract Administrator of all damage and injuries that occur during the term of the Contract. The Contractor shall then investigate and report back to the Contract Administrator within 15 Days of occurrence of incident, or as soon as possible. 1 .04 The Contractor shall not be responsible for loss and damage that occurs as a result of, a) war; 1 b) blockades and civil commotions; c) errors in the Contract Documents; or 1 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 1 Owner, except by a release duly executed by the Owner. GC 6.02 Indemnification 1 .01 The Contractor shall indemnify and hold harmless the Owner and the Contract Administrator, their elected officials, agents, officers, and employees from and against all claims, demands, losses, expenses, costs, damages, actions, suits, or proceedings by third parties, hereinafter called "claims ", directly or indirectly arising or alleged to arise out of the performance of or the failure to perform the Work, provided such claims are, a) attributable to bodily injury, sickness, disease, or death or to damage to or destruction of tangible 1 property; b) caused by negligent acts or omissions of the Contractor or anyone for whose acts the Contractor 1 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. 1 Page 31 Rev. Date: 11/2006 OPSS.MUNI 100 1 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 1 GC 6.03.01 General .01 Without restricting the generality of subsection GC 6.02, Indemnification, the Contractor shall 1 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 111 apply when so specified in the Contract Documents. .02 The Contractor shall provide the Contract Administrator with an original Certificate of Insurance for each type of insurance coverage that is required by the Contract Documents. The Contractor shall ensure that the Contract Administrator is, at all times in receipt of a valid Certificate of Insurance for each type of insurance coverage, in such amounts as specified in the Contract Documents. The Contractor will not be permitted to commence work until the Contract Administrator is in receipt of such proof of insurance. The Contract Administrator may withhold payments of monies due to the Contractor until the Contractor has provided the Contract Administrator with original valid Certificates of Insurance as required by the provisions of the Contract Documents. GC 6.03.02 General Liability Insurance ' .01 General liability insurance shall be in the name of the Contractor, with the Owner and the Contract Administrator named as additional insureds, with limits of not less than five million dollars inclusive per occurrence for bodily injury, death, and damage to property including loss of use thereof, with a property damage deductible of not more than $5,000. The form of this insurance shall be the Insurance Bureau of Canada Form IBC 2100. .02 Another form of insurance equal to or better than that required in IBC Form 2100 may be used, provided all the requirements listed in the Contract are included. Approval of this insurance shall be conditional upon the Contractor obtaining the services of an insurer licensed to underwrite insurance in the Province of Ontario and obtaining the insurer's certificate of equivalency to the required insurance. .03 The Contractor shall maintain in force such policies of insurance specified by the Contract Documents at all times from the commencement of the Work until the end of any Warranty Period or as otherwise required by the Contract Documents. .04 The Contractor shall submit annually to the Owner, proof of continuation of the completed operations coverage and, if the Contractor fails to do so, the limitation period for claiming indemnity described in paragraph GC 6.02.01 c), shall not be binding on the Owner. 1 Page 32 Rev. Date: 11/2006 OPSS.MUNI 100 1 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 1 advance of cancellation, change or amendment restricting coverage. .07 "Claims Made" insurance policies shall not be permitted. GC 6.03.03 Automobile Liability Insurance I .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, shah be subject to 1 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 1 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 1 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. 1 Page 33 Rev. Date: 11/2006 OPSS.MUNI 100 1 1 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 1 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 Toss 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 1 amounts may be excluded from the Contractor's responsibility by the terms of this Contract. .03 In the event of a loss or damage to the Work arising from the action or omission of the Owner or others, the Owner shall pay the Contractor the cost of restoring the Work as the restoration of the Work proceeds and in accordance with the requirements of Section GC 8.0, Measurement and Payment. 1 1 1 1 Page 34 Rev. Date: 11/2006 OPSS.MUNI 100 1 1 1 GC 6.03.06 Contractor's Equipment Insurance .01 All risks Contractor's equipment insurance covering construction machinery and equipment used by the Contractor for the performance of the Work, including boiler insurance on temporary boilers and pressure vessels, shall be in a form acceptable to the Owner and shall not allow subrogation claims by the insurer against the Owner. The policies shall be endorsed to provide the Owner with not less than 30 Days written notice in advance of cancellation, change, or amendment restricting coverage. Subject to satisfactory proof of financial capability by the Contractor for self - insurance of the Contractor's Equipment, the Owner agrees to waive the equipment insurance requirement, and for the purpose of this Contract, the Contractor shall be deemed to be insured. This policy shall be amended to provide permission for the Contractor to grant prior releases with respect to damage to the Contractor's Equipment. GC 6.03.07 Insurance Requirements and Duration .01 Unless specified otherwise, the duration of each insurance policy shall be from the date of commencement of the Work until 10 Days after the date of Final Acceptance of the Work, as set out in the Final Acceptance Certificate. .02 The Contractor shall provide the Owner, on a form acceptable to the Owner, proof of insurance prior to commencement of the Work and signed by an officer of the Contractor and either the underwriter or the broker. ' .03 The Contractor shall, on request, promptly provide the Owner with a certified true copy of each insurance policy exclusive of information pertaining to premium or premium bases used by the insurer to determine the cost of the insurance. The certified true copy shall include a signature by an officer of the Contractor and, in addition, a signature by an officer of the insurer or the underwriter or 1 the broker. .04 Where a policy is renewed, the Contractor shall provide the Owner, on a form acceptable to the Owner, renewed proof of insurance immediately following completion of renewal. .05 Unless specified otherwise, the Contractor shall be responsible for the payment of deductible amounts under the policies. ' .06 If the Contractor fails to provide or maintain insurance as required in subsection GC 6.03, Contractor's Insurance, or elsewhere in the Contract Documents, then the Owner shall have the right to provide and maintain such insurance and give evidence thereof to the Contractor. The Owner's 1 cost thereof shall be payable by the Contractor to the Owner on demand. .07 If the Contractor fails to pay the cost of the insurance placed by the Owner within 30 Days of the ' date on which the Owner made a formal demand for reimbursement of such costs, the Owner may deduct the costs thereof from monies which are due or may become due to the Contractor. GC 6.04 Bonding .01 The Contractor shall provide the Owner with the surety bonds in the amount required by the tender documents. ' .02 Such bonds shall be issued by a duly licensed surety company authorized to transact a business of suretyship in the Province of Ontario and shall be to the satisfaction of the Owner. The bonds shall be maintained in good standing until the fulfilment of the Contract. 1 1 1 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 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. . 1 b) Prior to issue of the Certificate of Substantial Performance. c) Prior to expiration of the Warranty Period. 1 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 1 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 1 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 1 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; 1 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 1 Page 37 Rev. Date: 11/2006 OPSS.MUNI 100 1 1 f) all Subcontractors and their workers are properly protected from injury while they are at the Work Area. .08 The Contractor, when requested, shall provide the Owner with a copy of its health and safety policy and program at the pre -start meeting and shall respond promptly to requests from the Owner for confirmation that its methods and procedures for carrying out the Work comply with the Act and Regulations. The Contractor shall cooperate with representatives of the Owner and the inspectors appointed to enforce the Act and the Regulations in any investigations of worker health and safety in the performance of the Work. The Contractor shall indemnify and save the Owner harmless from any additional expense that the Owner may incur to have the Work performed as a result of the 111 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. .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. 1 .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. 111 1 Page 38 Rev. Date: 11/2006 OPSS.MUNI 100 1 1 1 .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). 1 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 1 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 1 condition at all times. .02 The Contractor shall confine the construction operations to the Working Area. Should the Contractor 1 require more space than that shown on the Contract Drawings, the Contractor shall obtain such space at no additional cost to the Owner. 1 1 Page 39 Rev. Date: 11/2006 OPSS.MUNI 100 1 .03 The Contractor shall not enter 1 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, 111 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 1 .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 111 the Contractor has commenced operations or during seasonal shut down or on any part of the Contract that has been accepted in accordance with these General Conditions. The Contractor shall not be required to apply de -icing chemicals or abrasives or carry out snowplowing. .05 Where localized and separated sections of the Highway are affected by the Contractor's operations, the Contractor shall not be required to maintain intervening sections of the Highway until such times as these sections are located within the limits of the Highway affected by the Contractor's general operations under the Contract. .06 Where the Contract Documents provide for or the Contract Administrator requires detours at specific locations, payment for the construction of the detours and, if required, for the subsequent removal of the detours, shall be made at the Contract prices appropriate to such work. 1 Page 40 Rev. Date: 11/2006 OPSS.MUNI 100 1 1 .07 Compensation for all labour, Equipment, and Materials to do this Work shall be at the Contract I prices appropriate to the Work and, where there are no such prices, at negotiated prices. Notwithstanding the foregoing, the cost of blading required to maintain the surface of such roads and detours shall be deemed to be included in the prices bid for the various tender items and no additional payment shall be made. I .08 Where work under the Contract is discontinued for any extended period, including seasonal shutdown, the Contractor shall, when directed by the Contract Administrator, open and place the Roadway and detours in a passable, safe, and satisfactory condition for public travel. I .09 Where the Contractor constructs a detour that is not specifically provided for in the Contract Documents or required by the Contract Administrator, the construction of the detour and, if required, I the subsequent removal shall be performed at the Contractor's expense. The detour shall be constructed and maintained to structural and geometric standards approved by the Contract Administrator. Removal and site restoration shall be performed as directed by the Contract Administrator. 1 .10 Where, with the prior written approval of the Contract Administrator, the Highway is closed and the traffic diverted entirely off the Highway to any other Highway, the Contractor shall, at no extra cost to the Owner, supply, erect, and maintain traffic control devices in accordance with the OTM. I .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 I 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 1 Services .01 The Contractor shall provide at all times and at no extra cost to the Owner, 1 a) adequate pedestrian and vehicular access; and 1 b) continuity of Utility services 1 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, 1 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 I 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. 1 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 1 the performance of the Work. .02 The Contractor shall arrange for all necessary inspections required by the approvals and permits 1 specified in paragraph GC 7.09.01. 1 1 Page 41 Rev. Date: 11/2006 OPSS.MUNI 100 1 1 GC 7.10 Suspension of Work .01 The Contractor shall, upon written notice from the Contract Administrator, discontinue or delay any or all of the Work and work shall not be resumed until the Contract Administrator so directs in writing. Delays, in these circumstances, shall be administered according to subsection GC 3.07, Delays. GC 7.11 Contractor's Right to Stop the Work or Terminate the Contract 1 .01 If the Owner is adjudged bankrupt or makes a general assignment for the benefit of creditors because of insolvency or if a receiver is appointed because of insolvency, the Contractor may, without prejudice to any other right or remedy the Contractor may have, by giving the Owner or receiver or trustee in bankruptcy written notice, terminate the Contract. .02 If the Work is stopped or otherwise delayed for a period of 30 Days or more under an order of a 111 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, 1 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 1 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 7 111 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. 1 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. 1 1 Page 42 Rev. Date: 11/2006 OPSS.MUNI 100 ' 1 1 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. 1 .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. 1 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. 1 .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, 1 ' Page 43 Rev. Date: 11/2006 OPSS.MUNI 100 1 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 1 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 111 .01 During construction and until the Work is completed, the Contractor shall make all reasonable efforts to keep all portions of the Work properly and efficiently drained, to at least the same degree as that of the existing drainage conditions. 1 1 1 1 1 1 1 1 1 Page 44 Rev. Date: 11/2006 OPSS.MUNI 100 1 1 1 SECTION GC 8.0 - MEASUREMENT AND PAYMENT 1 GC 8.01 Measurement GC 8.01.01 Quantities 1 .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 I 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. I .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. I .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 I 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. I 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 Tess than the tender quantity, the I 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: I 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 I 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. 1 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 I 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 I confirmed by a statement certified by the Contractor's senior financial officer or auditor and may be audited by the Owner. Alternatively, where both parties agree, an allowance equal to 10% of the unit price on the amount of the underrun in excess of 15% of the tender quantity shall be paid. 1 Written requests for compensation must be received no later than 60 Days after the issuance of the Completion Payment Certificate. 1 1 1 Page 45 Rev. Date: 11/2006 OPSS.MUNI 100 1 GC 8.02 Payment 1 GC 8.02.01 Price for Work 1 .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. 1 GC 8.02.02 Advance Payments for Material .01 The Owner shall make advance payments for Material intended for incorporation in the Work upon the written request of the Contractor and according to the following terms and conditions: a) The Contractor shall deliver the Material to a site approved by the Contract Administrator and the Contractor shall, in advance of receipt of the shipment of the Material, arrange for adequate and proper storage facilities. b) The value of aggregates, processed and stockpiled, shall be assessed by the following procedure: i. Sources Other Than Commercial (1) Granular A, B, BI, BII, 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. 1 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. 1 .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; 1 d) the amount of statutory holdback, liens, Owner's set -off; e) the amount of GST, as applicable; and 1 f) the amount due to the Contractor. .03 One copy of the progress Payment Certificate shall be sent to the Contractor. 1 .04 Payment shall be made within 30 Days of the Cut -Off Date. GC 8.02.03.02 Certification of Subcontract Completion 1 .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 1 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 1 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 1 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. 1 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 1 made 46 Days after the date the subcontract was certified complete and providing the Contractor submits the following to the Contract Administrator: 1 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; 1 1 Page 47 Rev. Date: 11/2006 OPSS.MUNI 100 1 1 c) a satisfactory clearance certificate or letter from the Workplace Safety and Insurance Board relating to the subcontract; and d) a copy of the contract between the Contractor and the Subcontractor and a satisfactory statement showing the total amount due the Subcontractor from the Contractor. .02 Paragraph GC 8.02.03.03.01 d), shall only apply to Lump Sum Items and then only when the Contract Administrator specifically requests it. .03 Upon receipt of the statutory holdback, the Contractor shall forthwith give the Subcontractor the payment due under the subcontract. .04 Release of statutory holdback by the Owner in respect of a subcontract shall not relieve the Contractor, or the Contractor's Surety, of any of their responsibilities. GC 8.02.03.04 Certification of Substantial Performance .01 Upon application by the Contractor and when the Contract Administrator has verified that the Contract has been substantially performed, the Contract Administrator shall issue a Certificate of Substantial Performance. .02 Upon verifying that the Contract has been substantially performed, the Contract Administrator shall issue a certificate of Substantial Performance and shall set out in the Certificate of Substantial Performance the date on which the Contract was substantially performed and, within 7 Days after signing the said certificate, the Contract Administrator shall provide a copy to the Contractor. .03 Upon receipt of a copy of the Certificate of Substantial Performance, the Contractor shall forthwith, as required by Section 32(1) Paragraph 5 of the Construction Lien Act, R.S.O. 1990, c.C.30, as amended, publish a copy of the certificate in a construction trade newspaper. Such publication shall include placement in the Daily Commercial News. .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. 1 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; 1 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 1 1 d) the amount of maintenance security required; and 1 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 1 payment certificate. .04 The Substantial Performance Statutory Holdback Release Payment Certificate shall be a payment firy W to I the certi date cate of Substantial releasing to Pe rformance. Contractor Payment the statuto of such holdback statuto ry hi shall of be ork due 46 performed 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; 1 b) a statutory declaration in a form satisfactory to the Contract Administrator that all liabilities incurred by the Contractor and the Contractor's Subcontractors in carrying out the Contract have been discharged except for statutory holdbacks properly retained; I 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. .02 The Contract Administrator shall set out in the Completion Certificate the date on which the Work I 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 .01 When the Contract Administrator issues the Completion Certificate, the Contract Administrator shall I also issue the Completion Payment Certificate and the Completion Statutory Holdback Release Payment Certificate or where appropriate, a combined payment certificate. I .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 1 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 Contractor of the following documents: 1 1 Page 49 Rev. Date: 11/2006 OPSS.MUNI 100 1 a release by the Contractor in 1 a y a form satisfactory to the Contract Administrator releasing the Owner from all further claims relating to the Contract, qualified by stated exceptions where appropriate; 1 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 1 .01 Interest due the Contractor is based on simple interest and is calculated using the applicable Rate of 1 Interest. GC 8.02.03.09 Interest for Late Payment .01 Provided the Contractor has complied with the requirements of the Contract, including all 1 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 1 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 1 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 1 Page 50 Rev. Date: 11/2006 OPSS.MUNI 100 1 1 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. 1 .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 1 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. 1 .02 Under these circumstances the Owner will give the Contractor appropriate notice of such action. GC 8.02.03.12 Delay in Payment .01 The Owner shall not be deemed to be in default of the Contract provided any delay in payment does not exceed 30 Days from the due dates as defined in paragraph GC 8.02.03.09.01. GC 8.02.04 Payment on a Time and Material Basis GC 8.02.04.01 Definitions 1 .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. 1 Page 51 Rev. Date: 11/2006 OPSS.MUNI 100 1 1 Payroll Burden means the payments in respect of workplace insurance, vacation pay, employment insurance, public liability and property damage insurance, sickness and accident insurance, pension fund, and such other welfare and benefit payments forming part of the Contractor's normal labour costs. 1 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 Tots 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. 1 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 1 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 1 Page 52 Rev. Date: 11/2006 OPSS.MUNI 100 1 1 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 . t 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 1 $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. 1 .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. 1 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 1 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 1 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 1 Page 53 Rev. Date: 11/2006 OPSS.MUNI 100 1 1 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. 1 .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 1 .01 Notwithstanding any other provision of this Section, no payment shall be made to the Contractor for or in respect of Hand Tools or equipment that are tools of the trade. 1 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 1 b) 15% of the amount from $3,000 to $10,000; plus c) 5% of the amount in excess of $10,000. 1 .02 No further markup shall be applied regardless of the extent to which the work is assigned or sublet to others. If work is assigned or sublet to an associate, as defined by the Securities Act, no markup whatsoever shall be applied. GC 8.02.04.09 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. 1 1 Page 54 Rev. Date: 11/2006 OPSS.MUNI 100 1 1 .03 Each month the Contract Administrator shall include with the monthly progress payment certificate, ' the costs of the Work on a Time and Material Basis incurred during the preceding month all in accordance with the contract administrative procedures and the Contractor's invoice of the Work on a Time and Material Basis. .04 The final "Summary for Payment of Accounts on a Time and Material Basis" shall be submitted by the Contractor within 60 Days after the completion of the Work on a Time and Material Basis. GC 8.02.04.10 Payment Other Than on a Time and Material Basis .01 Clause GC 8.02.04 does not preclude the option of the Contract Administrator and the Contractor negotiating a Lump Sum Item or unit price payment for Change in the Work, Extra Work, and Additional Work. GC 8.02.04.11 Payment Inclusions .01 Except where there is agreement in writing to the contrary, the compensation, as herein provided, shall be accepted by the Contractor as compensation in full for profit and all costs and expenses arising out of the work, including all cost of general supervision, administration, and management time spent on the work, and no other payment or allowance shall be made in respect of such work. GC 8.02.05 Final Acceptance Certificate .01 After the acceptance of the Work, the Contract Administrator shall issue the Final Acceptance Certificate, or, where applicable, after the Warranty Period has expired. The Final Acceptance Certificate shall not be issued until all known deficiencies have been adjusted or corrected, as the case may be, and the Contractor has discharged all obligations under the Contract. GC 8.02.06 Payment of Workers .01 The Contractor shall, in addition to any fringe benefits, pay the workers employed on the Work in accordance with the labour conditions set out in the Contract and at intervals of not less than twice a month. .02 The Contractor shall require each Subcontractor doing any part of the Work to pay the workers employed by the Subcontractor on the Work in accordance with paragraph GC 8.02.06.01. .03 Where any person employed by the Contractor or any Subcontractor or other person on the Work is ' paid less than the amount required to be paid under the Contract, the Owner may set off monies in accordance with clause GC 8.02.03.11, Owner's Set -Off. GC 8.02.07 Records .01 The Contractor shall maintain and keep accurate Records relating to the Work, Changes in the Work, Extra Work, and claims arising therefrom. Such Records shall be of sufficient detail to support the total cost of the Work, Changes in the Work, and Extra Work. The Contractor shall preserve all such original Records until 12 months after the Final Acceptance Certificate is issued or until all claims have been settled, whichever is longer. The Contractor shall require that Subcontractors employed by the Contractor preserve all original Records pertaining to the Work, Changes in the 1 Work, Extra Work, and claims arising therefrom for a similar period of time. .02 The Owner may inspect and audit the Contractor's Records relating to the Work, Extra Work, and Changes in the Work at any time during the period of the Contract. The Contractor shall supply certified copies of any part of its Records required, whenever requested by the Owner. 1 1 Page 55 Rev. Date: 11/2006 OPSS.MUNI 100 1 1 GC 8.02.08 Taxes .01 Where a change in Canadian Federal or Provincial taxes occurs after the date of tender closing for 1 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 Tess than 30 Days after the date of Final Acceptance. 1 .03 Where the Contractor benefits from a change in Canadian Federal or Provincial taxes, the Contractor shall submit to the Contract Administrator, on forms provided by the Contract Administrator, a statement of such benefits. This statement shall be submitted not later than 30 Days after Final Acceptance. .04 Changes in Canadian Federal or Provincial taxes that impact upon commodities, which when left in place form part of the finished Work, or the provision of services, where such services form part of the Work and where the manufacture or supply of such commodities or the provision of such services is carried out by the Contractor or a Subcontractor, are subject to a claim or benefit as detailed above. Services in the latter context means the supply and operation of equipment, the provision of labour, and the supply of commodities that do not form part of the Work. GC 8.02.09 Liquidated Damages .01 When liquidated damages are specified in the Contract and the Contractor fails to complete the Work in accordance with the Contract, the Contractor shall pay such amounts as are specified in the Contract Documents. 1 1 1 1 1 1 1 1 Page 56 Rev. Date: 11/2006 OPSS.MUNI 100 1 A -1 ' AGREEMENT PROJECT NO. 12223, CONTRACT NO. 1 1 THIS AGREEMENT MADE IN TRIPLICATE THIS Stn DAY OF March , 2013. BETWEEN: 1 Municipality of Kincardine (hereinafter called "the Owner ") 1475 Concession 5, R. R. 5 OF THE FIRST PART Kincardine, ON N2Z 2X6 - and - I BGL Contractors Corp. (hereinafter called "the Contractor") 1773 Erb's Road W. OF THE SECOND PART St. Agatha, ON NOB 2L0 WITNESSETH I the Owner and the Contractor, in consideration of the fulfilment ent of their respective promises and obligations herein set forth covenant and agree with each other as follows: ARTICLE 1 a) A description of the work is: 1 Municipality of Kincardine, Water Treatment Plant, Clearwell Cleanout and Backwash Pump Installation, Project No. 12223, Contract No. 1. ' b) The Contractor shall, except as otherwise specifically provided, at his own expense, provide all and every kind of labour, machinery, plant, structures, roads, ways, materials, appliances, ' articles and things necessary for the due execution and completion of all the work set out in this contract and shall forthwith according to the instructions of the Engineer commence the works and diligently execute the respective portions thereof and deliver the works complete in every particular to the Owner within the time specified. 1 ARTICLE 2 In case of any inconsistency or conflict between the provisions of this Agreement and the Plans, and ' Specifications or General Conditions, or Tender, or any other documents or writing, the provisions of such documents shall take precedence and govern in the following order; namely, 1 A -2 1 a) Agreement b) Addenda c) Special Provisions d) Contract Drawings e) Information to Bidders 0 Standard Specifications g) Standard Drawings h) Form of Tender i) Supplemental General Conditions j) General Conditions k) Working Drawings 1 ARTICLE 3 The Contractor shall not without the consent in writing of the Owner (or the Engineer) and 1 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. 1 ARTICLE 4 1 The Owner covenants with the Contractor that the Contractor having in all respects complied with the provisions of this contract, will be paid for and in respect of the works the sum of 1 Two Hundred Twenty Five Thousand Nine Hundred Ninety Nine Dollars ($225,999.00) 1 subject to such additions and deductions as may properly be made under the terms hereof, subject to the provision that the Owner may make payments on account monthly or otherwise as may be provided in the attached hereto. ARTICLE 5 Where any notice, direction or other communication is required to be or may be given or made by one of the parties hereto to the other or to the Engineer, it shall be deemed sufficiently given or made if mailed or delivered in writing to such party or to the Engineer at the following address: B. M. ROSS AND ASSOCIATES LIMITED Engineers and Planners 1 62 North Street Goderich, ON N7A 2T4 1 1 1 A -3 I Where any such notice, direction or other communication is given or made to the Engineer, a I 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 1 Engineer. 1 ARTICLE 6 A copy of each of the General Conditions, Supplemental General Conditions, Special Provisions, I Addenda, Tender, Information to Bidders, and Supplemental Specifications is hereto annexed and together with the Plans relating therto and listed in the Specifications are made part of this Contract as fully to all intents and purposes as though recited in full herein. 1 ARTICLE 7 I 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 I 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 I against the Owner may be founded. 1 ARTICLE 8 Time shall be deemed the essence of this Contract. 1 ARTICLE 9 I The Contractor declares that in tendering for the works and in entering into this Contract, he has either investigated for himself the character of the work and all local conditions that might affect I 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 1 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 I any information from such sources was and is approximate and speculative only, and was not in any manner warranted or guaranteed by the Owner. 1 1 1 1 A-4 1 ARTICLE 10 1 This contract shall apply to and be binding on the parties hereto and their successors, administrators, executors and assigns and each of them. 1 - IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals the day and year first above written or caused their corporate seals to be affixed, attested by the signature of 1 their proper officer, as the case may be. 1 FOR THE OWNER: i t La ✓ �Ia4 v Le "t G t�O J r fl„ 10/6 e i gna ture �1 Tam '4 le Date ":. - 1./We have the authority to bind the corporation. r 1 a L.. NA. CIC cCIC)ICI. - ; r1a • r-3 _ - Signature Name Title Date - " = I l/We have the authority to bind the corporation. 1 1 FOR THE CONTRACTOR: , °: Signature Name Title --- Dafe 1 l/We have the authority to bind the corporation. 1 Signature Name Title Date 1 I/We have the authority to bind the corporation. 1 1 F: 1wp\Contracts\Fonns\A- 1 -4.doc 1 Page 1 MUNICIPALITY OF KINCARDINE NOTICE TO ALL CONTRACTORS CORPORATE STATEMENT OCCUPATIONAL HEALTH AND SAFETY The Corporation of the Municipality of Kincardine is committed to ensuring that a high standard of health and safety is provided and maintained for all employees' visitors, guests, contractors, agents and others on our premises. Accordingly, a corporate health and 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. 1 3. Include health and safety provisions in their management systems to reach and maintain consistently a high level of health and safety. 4. Ensure that workers in their employ are aware of hazardous substances that may be in use at their place of work and wear appropriate personal protective equipment as may be 1 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. sign-off corporate Contractor shall si -off on the co orate occupational health & safety form stating his agreement to comply. Your co- operation and assistance in this matter is appreciated and vital to the Health and Safety of all. 1 1 Z : \wp \Contracts\Forms\KINCARDINE Health and Safety Form.doc 1 Page 2 1 MUNICIPALITY OF KINCARDINE OCCUPATIONAL HEALTH AND SAFETY COMPLIANCE FORM I have read the "Municipality of Kincardine, Notice to All Contractors, Corporate Statement of Occupational Health and Safety" and agree to comply with it. 1 —4 ,�,1 ' Contractor's Name Date 1 1 1 1 1 1 1 1 1 1 I 1 Z : \wp \Contracts\Forms\KINCARDINE Health and Safety Form.doc 1 1 CONTRACT RELEASE IN THE MATTER of a Contract dated , 20 known as Contract for the construction of 1 . in the , Ontario KNOW ALL MEN BY THESE PRESENTS that UWe 1 (name of Contractor, in full) for and in consideration of other good and valuable consideration paid by the Owner, have remised, released and forever discharged, and by these presents do for myself/ourselves, my /our I heirs, executors, administrators and assigns or successors and assigns, as the case may be, remise, release and forever discharge the Owner, its successors and assigns, of and from all manner of action and actions, cause and causes of action, suits, debts, dues sums of money, claims and demands whatsoever at low or in equity which 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, hereafter can, shall or may have by reason of the above - mentioned Contract, save and except any claim which UWe have arising out of; 1) the retention by the Owner of the maintenance holdback of the Contract price; any sum retained by the Owner against the cost of uncompleted ) Y Y work; g p 1 3) (if none, state "none ") 1 IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals. 1 SIGNED, SEALED AND DELIVERED ) 1 ' ) ) i ) 1 Witness or Company Seal F: \wp \Contracts\Forms \Contract Release.doc 1 I STATUTORY DECLARATION RE PAYMENT OF ACCOUNTS I DOMINION OF CANADA (IN THE MATTER of a contract, known as Contract (entered into between I ( AND the Owner ( the Contractor I (dated , 20 (for the construction of • ( II TO WIT: (in , Ontario. I I, of in the Province of , do solemnly declare: I 1. That Iam Xofthe (President, Secretary, Treasurer, a Partner, etc.) Contractor named in the Contract above - mentioned and as such have personal knowledge of 1 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. 1 Name & Address of Creditor Service Rendered Amount Total 1 Outstanding 1 (If there are no accounts, enter "NONE" above) 111 AND I MAKE THIS SOLEMN DECLARATION con i conscientiously believing it to be true and I knowing that it is of the same force and effect as if made under oath and by virtue of "The Canada Evidence Act ". I DECLARED before me at the ) of ) in the County of ) I this day of ) A.D. 20 ) I A Commissioner, etc. or Notary Public ) F: \wp \Contracts\Forms\Payment of Accounts.doc 1 1 I STATUTORY DECLARATION RE LIENS & LIABILITIES DOMINION OF CANADA (IN THE MATTER of a contract, known as Contract 1 (entered into between ( the owner ( AND I ( the Contractor (dated 20 (for the construction of 1 (in Ontario. TO WIT: 1 I of in the Province of do solemnly declare: I 1. That I am of the (President, Secretary, Treasurer, a Partner, etc.) Contractor named in the Contract above - mentioned and as such have personal knowledge of the facts I hereunder declared. 2. That all persons who have performed any work or service upon or in respect of, or placed or furnished any I 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 extent that monies (not exceeding in any instance 14% of the value of the work performed by the I subcontractor) have been held back by written agreement with any such subcontractors. 4. That all subcontractors who were engaged in or in any manner associated with the performance of any part of I the above contract have discharged all liabilities which they incurred in respect thereof. 5. That all claims for damage to property or injury to persons of which the above -named Contractor has received notice have been fully paid or settled. I 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 same force and effect as if made under oath and by virtue of "The Canada Evidence Act ". I DECLARED before me at the ) of ) I in the County of ) this day of ) A.D. 20 ) I ) A Commissioner, etc. or Notary Public 1 F: \wp \Contracts\FonnsTiens.doc 1 1 1 i APPENDIX A 1 PRE - PURCHASED BACKWASH PUMP 1 1 1 1 1 1 . Ground Water Development - Drilling Services Pumps - Water Treatment - Service & Maintenance 342 Bayview Dr., P.O. Box 310 INTERNATIONAL WATER SUPPLY LTD. Barrie, Ontario, Canada, LAM 4T5 Te1.705- 733 -0111 • 800-461-9636 • Fax 705- 721 -0138 E -mail: iws @iws.ca www.iws.ca August 5, 2009 B.M. Ross and Associates Limited `9 "n 'D 62 North Street �.�� 1 4 Goderich, ON N7A 2T4 7 V,: ATTENTION: Richard Anderson, P.Eng. !� 1-135;51A1107 1 Dear Sir: RE: MUNICIPALITY OF KINCARDINE 1 WATER TREATMENT PLANT BACKWASH PUMP ADDITION Enclosed is our quotation in duplicate for the supply of a vertical turbine pump and motor for the Kincardine Water Treatment Plant. We consulted with Goulds Pumps engineering personnel to ensure the equipment provided will perform without problems. Please do not hesitate to contact us if you have any questions or of you require any additional information. 1 We thank you for the opportunity to submit this quotation. 1 Yours truly, International Water Supply Ltd. e • 1 : race Wilson, M.A.Sc., P.Eng. 1 1 1 1 MUNICIPALITY OF KINCARDINE KINCARDINE WATER TREATMENT PLANT TABLE 2 DATA VERTICAL TURBINE PUMPS 1 Project 06049 Backwash Pump Location & Job Site: Kincardine Water Treatment Plant 1 Bidder's Name, address & phone N2 International Water Supply Ltd. 342 Bayview Drive. Barrie, Ontario L4M 4T5 705- 733 -0111 1 Bidder Quotation No. & Date Q090716 August 5, 2009 D2.2.0 PUMP MECHANICAL DETAILS 1 .1 Pump Reference Backwash Pump .2 Pump Make Goulds 1 .3 Model No. 16RJLC -2 .4 Speed (RPM) 1200 .5 Bowls No. /Size (mm) 2 / 406 .6 Impeller Size (mm) 244 .7 Maximum Impeller Size (mm) 265 .8 Impeller Type and Material closed/316SS .9 Impeller shaft size (mm) 62 .10 Impeller shaft material 416 SS .11 Discharge column diameter (mm) 305 (12 -inch) .12 Discharge diameter (mm) 305 (12 -inch) .13 Pump Weight (kg) 1374 .14 Motor Weight (kg) 500 .15 NPSH Required (m) 4.69 .16 Lineshaft Size (mm) 30 .17 Lineshaft Material 416SS .18 Wear rings on bowls yes/ stainless steel .19 Wear rings on impellers not required .20 Mechanical Seal Type & Material not required 1 1 MUNICIPALITY OF KINCARDINE I KINCARDINE WATER TREATMENT PLANT TABLE 2 DATA VERTICAL TURBINE PUMPS 1 D2.3.0 PUMP MOTOR DETAILS I .1 Motor kW/RPM /Service Factor 45 / 1200 / 1.15 .2 Motor Make & Type USEM RUI I .3 Locked Rotor Amps 341 .4 '/s Load Efficiency 94.7 I .5 % Load Efficiency 95.1 .6 Full Load Efficiency 94.1 1 .7 Non - Reverse Ratchet Provided? yes .7 Rated for use with VFD? yes 1 D2.4.0 PUMP OPERATING CHARACTERISTICS Pump Capacity L/s 1 .1 Pump Design Guaranteed Capacity 175 Us at 16.3 m TDH .2 Min. recommend flow at design 50 head I .3 Pump Speed for 2.2.4 (rpm) 870 1 .4 Run Out Capacity (1/s) 200 .5 Shut off Head (m) 34.6 I .7 Minimum Operating Head (m). 11.9 (at full speed) .8 Maximum Operating Head (m). 29.2 (at full speed) I .9 Total Design Point Efficiency 78.45 includes all losses (pump, motor, etc.) .10 kW Required at shutoff 37.5 (5 1/s) 1 .11 kW at Design Point 28.8 .12 kW at Run Out 29.8 1 .14 Max Hydraulic Thrust at Design 744.4 Point (kg) I .15 Minimum Submergence (m) 0.923 for prevention of vortices 1 .16 Performance Curves Included yes 1 1 . 1 MUNICIPALITY OF KINCARDINE • KINCARDINE WATER TREATMENT PLANT TABLE 2 DATA VERTICAL TURBINE PUMPS 1 D2.5.0 DEVIATIONS List all exceptions to the specifications • Supply l 316SS impellers to avoid potential corrosion problems if chlorine concentrations 1 in water are higher than the 2.0 mg/1 indicated. Supply maximum column length l of 1.5 metres to facilitate installation/removal of pump in access - restricted area at plant. Supply 60HP motor to meet not exceed 90% name plate rating criteria. NOTE THIS WILL AFFECT THE SIZING OF THE VFD D2.6.0 ALTERNATIVES, Submit in covering letter or separately. If none say "NONE PROPOSED ". NONE PROPOSED I Submitted by: BRUCE WIL •N, M.A.Sc., P.Eng. 1 Signature fi ,) 1 ; / I Date August 5, 2009 I 1 1 1 1 1 1 1 1 PUMP DATA SHEET Turbine 60 Hz I Company: Intl Water Supply Kincardine WTP Backwash Name: Kincardine WTP Backwash Pump Date: 08/04/09 AP I Selection: 20090724KincardineWTPBackwash Pump: Search Criteria: Size: 16RGLC (2 stages) Flow: 175 J/s Head: 16 m I Type: Lineshaft Speed: 1180 rpm Fluid: Synch speed: 1200 rpm Dia: 244 mm Curve: E6416RCPP0 Water Temperature: 15.6 °C Density: 997.2 kg/m Vapor pressure: 1.773 kPa a I Specific Speeds: nq: 91 Viscosity: 1.104 cP Atm pressure: 101.4 kPa a Pump Notes for Standard Sizes: NPSHa: - m Discharge Sizes -12" and 14 ". Curves are certified for water at 60 °F only. Consult factory for performance with any other fluid. Motor: I Vertical Turbine: Bowl size: 406 mm Standard: NEMA Size: 45 kW Max lateral: 25.4 mm Speed: 1200 Thrust K factor: 38.7 kg /m Sizing criteria: Max Power on Design Curve Pump Limits for Standard Construction: I Temperature: 49 °C Pressure: 2897 kPa g Sphere size: 38.1 mm _ 1 1 I , 6 rim I --- Data Point - -- 40 .. - (- _. i 1 1 i 1 1 E I i i 1 i Flow: 175 Us I - i - E 1 ' I _ ' I Head: 1E3 m I mm E ,:_ i i E i I � i ii _ ___L i. s � i E 1 1 [ 1 f Eff 85.6% i 1 f Power. 32 6 kW 3 0E E E E 1 ; .. 1_1_1_1.....1...1.... A ,.._ _ _ i - _t.....i__:._ ' ` - _. , ... _ _ I NPSHr: 4.69 m E E ... } _ t ' ! I . ' 8 .. { , i - Desi Curve -- R I i I..�� _ : ;. : : 5 0 . ! .. is5gf (, i i I E t , i i . i ._.. _6 1 1 Shutoff Head: 34.6 m = i ___I 1_ -.. .... 6 i 1 1 I . i I E : 20 __, H . E i � �.._1 E i ( i - : 7A II �� - Shutoff dP: 339 kPa E E [ : _ _ I r E E :........ -- ...�.. _ r. .81.8 - -;; 1 -- Min Flow: - Us !iii _ 1 ! 83 i 1 - , , . , . : _. • ,. ; , _ � , 3...185.. _..f._. ■ • � F 1 BEP 86% eff E ! ; i ! ; 7 @ 170 Us 101 E 1 i 1 ; I. 83 4� I 1 NOL Pwr: 37.6 kW i ! � ..__ f _. _ .__ `s ' . -_ - �I - _ - - -_ ._i .. 25 50 75 100 125 150 5 222 Us - 1 1 i i : - - - - - - ; J - -Max Curve - � ! ; - ; i ! ,..., ..1 i -- : _ i- � ... 1 . _�.. - . E I I - . �::. ...� . I i 1 ` t E t i .(... s s I - i 1 ! I 1 1 E t , ! - • -.. -. i' , ' - Max Pwr. 57.6 kW ;. _?.. - _.� [ .� 1 I - 1. , 1 -, - -� i.-1-71 t @ 2380 Us o- j- - i ._ i ; _._ 1 .... . _ i i I [ i i i t T ` j 1- * . . i 25 50 75 100 125 150 175 200 225 111 50 1 I i ( i I ... i ! T ` _. } _. i i .......... i • --- -- ' ' 1 : i E ; x i i V _ i i ! i i i [ I 1 I ` .... i 1 i i ; -'1' ( ! I I I m i i I c E I - i i 1 1 . a 0 ' t , 25 ! i ` 50 , • ' 75 : 1 1 : 0 0 • . ' 125 • • 150 ' ' 1 • : . 1 1 75 I . 200 , • 225 . 1/s I 1 Fl Speed d me Efficiency Power NPSHr kW 210 1180 - - - - 175 1180 16.3 85.6 32.6 4.69 I 140 1180 20.3 81.9 34 4.35 105 1180 23.3 71.2 33.5 4.17 70 1180 27 53.7 34.3 4.08 I Turbine V9 Selected from catalog: Goulds Lineshaft 60HZ Vers: 3.31 1 • i 1 .... } ........._ ............... _....... j . . rim- -. .� + �- ..,......._...,..__._....._. ! _ .._ _.... ......_..... • 1 I t 1. ... F 90 11 0 ' i • , a i- -• — - ".. -... �L_.- �. __... —_. I-- -•-- i ? __ �- .-. —m-- .•-- -� T _ —. — ! -t ---- / I _ ' /'/ L r I iii i . • 1 t '9511 r ;� .. _. .. _ ._......_ .... ............._................. ......... _ a..... _.;. ._.. .._ - 60 I pm � •� 1 .. ;_. ;. . . ! , i y E rP t . __ r r to 85 a / ; , I ! • ! : m , • i ! ! 1 ' • , .t_ i ! • r I I I r r i _ 1 1 -• I i ! , t /, j 20 /! j i _ _1 a , i • 10 , 5 i—....7 y } _ _ { - I , r 25 ,�• 75.50 75 100 125 150 175 200 kJ Us Discharge Sizes -12" and 14 ". Curves are certified for water at 60 °F only. Consult factory for performance with any other fluid. Company: Intl Water Supply Turbine 60 Hz Size: 16RGLC 2 stage Name: Klnkardine WPP Backwash Pump Catalog: Goulds Lineshaft 60HZ, Vers 3.31 Speed: 800 -1180 rpm 8/4/2009 Lineshaft • 1200 Dia: 244 mm • 20090724KincardineWTPBackwash .ufs Curve: E6416RCPPO - - - - .r - gm I MI MI M • - - • MI M it 111111 `Intl WVatei Supply DIMENSIONAL OUTLINE Kincardine WTP Backwash Pump VIT -CATM • 2 Stage 12x16RGLC P Pump Data AD: 38.10 DD • AG: 1057.3 Size: 16RGLC I BD: i sITEP ft - BL: 419.1 Stages: 1514.9 2 ii XC AG I i j ! j ( CD CD: CL: 938.3 BowlShaft: N/A 62mm 1 COL(m): 5.485 LineShaft: 30mm DD: 406.4 LineShaft Type: Open al MIN SUB: 923.2 Column: Standard Steel HH -DH: 273.1 _Column: - - .305mm Thread e d - DH G: 812.8 Bearing Spacing: 1.5 meters I --T- ...........g f H: fl 762.0 Section Length: 1.5 meters R -'1 - S HH: 584.2 Head: A:Cast J: 22.2 Flange (Disch.): 305mm- 862kPa FF R: 482.6 Inlet: COL S: 104.9 Seal: Packing I i TPL(m): 7.00 Strainer: None UG: N/A SubBase: Yes V: 19.1 I TPL - - - W: 863.6 MIN Itti= X: 787.4 XC: 115.8 Unlabeled numbers are mm I BL Y: 25.4 t Z: 609.6 MAX: 444.5 V26', '� .---%-, MIN SUB g " ' Y" D I A MUM ° _ I W > FOUR PLCS ` PLC: (EJoshiNF9 H„ BC K X--- -- V i °G i i i i i �Z ® i � _ 1 DISC HEAD SOLE PLATE Hydraulic Data Miscellaneous Motor Data t ow (Vs): 175.0 Thrust At Design(kg): 744.44 Model: ump Head (m): 10.21 Thrust At Shutoff(kg): 1451.8 Make: USEM TDH (m): 16.30 Pumping Level(m): 5.75 Power(kW): 45.0 peed (rpm): 1180 RPM: 1200 Fluid: Water Weight Type: RUI Temperature (C): 15.6 Pump(kg): 1374 Efficiency: 94.1 I Viscosity: 1.104 Motor(kg): 500 Frame: 404TP Spec.Grav: 1 Total(kg): 1874 Ratchet: NRR 'Version: 4.05P Kincardine WTP Backwash Date: 08 -04 -2009 Intl Water Supply HYDRAULIC ANALYSIS 1 Kincardine WTP Backwash Pump VIT -CATM 2 Stage 12x16RGLC A Overall Pump Parameters I Size and Model: 16RGLC Pump Operating Speed, RPM: 1180 Capacity, I /s: 175.0 Total Dynamic Head, m.: 1630 I Total Pump Length, m.: 7.00 Impeller Trim, mm.: 244 Pump Type: OpenSump Head Type: A:Cast Pump K- Factor: 38.7 Number of Stages: 2 . 1 Pumping Level, m.: 5.75 LineShaft- Related Data Shaft Diameter, mm.: 30 Shaft Limit, HP: 83 I Shaft Material: 416SS Matl Correction Fact: 1.18 LineShaft Length, m.: 5.49 Shaft Elongation, w/o Adder(mm): 0.2 I LineShaft Type: Open Impeller Running Clearance (mm): 3.3 Bowl Data Total Bowl Length, mm.: 1514.9 Bowl t gt , Diameter, mm.: 406.4 Bowl Shaft Dia, mm.: 61.9 Bowl Shaft Limit, HP: 815 I Bowl Shaft Material: 416SS Column Data Column Diameter, mm.: 305 Column Load, kg.: 898.0 1 Wall Thickness, mm: 9.5 Column Elongation, mm.: 0.0 Shutoff Column Elongation, mm.: 0.0 HorsePower Data 1 Shaft Friction Loss, kW.: 0.06 Thrust Load Loss, kW.: 0.11 Bowl HP At Design, kW.: 32.60 Motor HorsePower, kW.: 45.00 1 Other Data Hydraulic Thrust, kg.: 630.0 Thrust at Design, kg.: 744.4 1 Thrust at Shutoff, kg.: 1451.8 Actual Head above Grade, m.: 10.2 Available Lateral, mm.: 25.4 Design Lateral, mm.: 3.5 I Shutoff Lateral, mm.: 3.8 Suction Pressure, KPa: 0.0 Shutoff Disc Pressure, KPa: 282.7 Column Loss, m.: 0.12 NPSHa, m.: 10.99 Head Loss, m.: 0.21 NPSHr, m.: 4.69 I Total Loss, m.: 034 NPSH margin, m.: 6.30 Efficiency Data 1 Bowl Efficiency: 85.60 Pump Efficiency: 83.38 Motor Efficiency: 94.10 Overall Efficiency: 78.46 KWH/1000 liters: 0.06 I Component Weights Bowl Weight, kg.: 513 Column Weight, kg.: 433 I Head Weight, kg.: 429 Can Weight, kg.: 0 Motor Weight, kg.: 500 Total Pump Weight, kg.: 1874 Version: 4.05P Kincardine WTP Backwash Date: 08 -04 -2009 1 • Intl Water Supply SECTIONAL P Kincardine WTP Backwash Pump VIT -CATM 2 Stage 12x16RGLC 9I I itli N i 730 DISCHARGE HEAD ASSEMBLY . ., ITEM NAME Code MATERIAL ASTM ° ". 600 HEAD-. DISCHARGE 8516 TNEJVEC 1400N IRON M8 I . . i 602 SOLEPLATE 3201 CARBON STEEL GR D A36M O0a • • 604 NUT- ADJUSTING 2130 BRASS C36000 1316400 i • 608 HEADSHAFT 2227 SST416 A582M-95b 616 HOUSING 1003 CAST CL30 A48-94ae1 \� 617 BEARING- HOUSING 1109 FEDERALLOY BISMUTH BRZ 6589 -00 618 GLAND- SPLIT 620 PACKING 1203 SST 316 5026 GRAPHITE PACKING A744M 00 ML402 -99 * I 1 ., s f ► 622 SL INGER 5121 RUBBER EPDM D3568 -98 t ' I r -{ 600 637 COLUMN FLANGE 8516 TNEIVEC 140 ON IRON M8 I 16 } 6- 1 r A il. v 730 KEY MOTOR GIB 2242 CARBON STEEL 1018 A106 -99 1. _ 757 SCREW- GLANDADJUSTI • +'' SST 316 A276-00a :'ts'1 =roc +� 620 779 GASKET HOUSING 5136 ACRYLICMITRILE 5136REV4 — .. l.,oe 1 602 649 „- r �� 637 11 6 i I 6 COLUMN AND LINESHAFT ASSEMBLY I 642 COL MN PIPE 8518 TNEMEC 140 ON STEEL A53 �+ ►I ICS 642 R,rd6:11711riM ZW* Efilq Lim r`i :Y 95b [ail:�atil la :aa�:� IltjLapillIFAV 17 . •.�,i • • LINE ' . 9 51' RUBBER • • L � I I 11 II BOWLASSEMBLY Ilk i ME ` �� (i !♦[Ti7 f :n 7el 01::�i�ICd - , ri VI I12, 1 673 •••• I 1:Ili1e3)101:TelLI♦kk L I1 ; 4VbliT.ITr•- :4�1 ,LM I :,s1-',' III = ?6ili'i�1111�:7' o7lNiM(;�j��i�[3T, Z63ElII�;�II: /( :� /0 :1y :1 :11,[e I11:TDI IIIM r I Li; :;' I10Y1 :168111 :1:.. Ii:•:' Ifs + LzI117A5.2 :fit' t� `l ____ '.i;i E � "..' [1 Iladl7∎ :All :i21M 1 I 43/11 � ( ,,�]Iuy:1N:Th[e� :Tliir�lli��y,. �1r� _�+ i , ��i - ( 692 ) I J I:T�il, L:ld1�.91.1�J[ ,�I N I . : .Hi l l / . ,l • L•, :. . .1;.l�[e3.91I�1o[1i∎_u(g17d1;d: olleY1 :11.: ! 111 :1 :1 :Y� 1:1• Er fl♦ ' L CD 680 w:l�l'',E/;11•• y' ,.r ' [: 4'Y.� ' 1: � �( ��] I: d 1; q: 7: 1q1� /:lE..�u :1:Y :?•1�.-1'' I ; I .1 e'1 •1 I1. . y' rV: : :1' 1 e'• . 1 1 1 : 4.05P Kincardine WTP Backwash - Version: ckwash Date: 08 04 -2009 1 7 Intl Water Supply ADDERS Kincardine WTP Backwash Pump VIT -CATM 2 Stage 12x16RGLC ADDITIONAL PUMP COMPONENTS The following is a list of the additional components you ordered. 1 Consult factory for any other components or services. Component 1 316SS Impeller 316, 416SS Wear Rings 416SS Collets Dynam. Bal. Impeller Performance Test Bowl Coating (type 1) Tnemec 140 8 mil Head Coating (type 1) Tnemec 140 8 mil Column Coating (type 1) (Both Sides) Tnemec 140 8 mil Version: 4.05P Kincardine WTP Backwash Date: 08 -04 -2009 1 1 1 1 1 1 1 1