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15 109 MacGregor Beach/Sandy Crescent Reconstruction (Bill and Tom Kempton Construction) Tender By-law
THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE KB7� i�L1t� • W C /pggry OF K\ ' BY -LAW NO. 2015 - 109 BEING A BY -LAW TO ACCEPT A TENDER FOR THE MACGREGOR BEACH /SANDY CRESCENT RECONSTRUCTION (Bill and Tom Kempton Construction) WHEREAS Section 44 of the Municipal Act, 2001, S.O. 2001, c.25, as amended, provides that a municipality has jurisdiction over a highway or bridge shall keep it in a state of repair that is reasonable in the circumstances; • AND WHEREAS pursuant to the said Municipal Act, Section 8 (1) and 9 provide that the powers of a municipality under this or any other Act shall be interpreted broadly so as to confer broad authority on the municipality to enable the municipality to govern its affairs as it considers appropriate and to enhance the municipality's ability to respond to municipal issues and has the capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority under this or any other Act; AND WHEREAS the Council of the Municipality of Kincardine deems it expedient to accept the tender of Bill and Tom Kempton Construction for the MacGregor Beach /Sandy Crescent Reconstruction as outlined in Report No. PWD 2015 -08; NOW THEREFORE the Council of The Corporation of the Municipality of Kincardine ENACTS as follows: 1. That the tender of Bill and Tom Kempton Construction for the MacGregor Beach /Sandy Crescent Reconstruction, in the amount of $393,507.12 (including non - refundable portion of HST), be hereby accepted. 111 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 this purchase. 3. This by -law shall come into full force and effect upon its final passage. 4. This by -law may be cited as the "MacGregor Beach /Sandy Crescent Reconstruction (Bill and Tom Kempton Construction) Tender By -law ". READ a FIRST and SECOND TIME this 2 "d day of July, 2015. READ a THIRD TIME and FINALLY PASSED this 2nd day of July, 2015. )14,7■_32-- L?e-L.‹.:J2.) 4Dcwho. Mayor Clerk • MacGregor Beach /Sandy Crescent Reconstruction (Bill and Tom Kempton Construction) Tender By -law By -Law No. 2015 —109 CONTRACT DOCUMENT: BILL AND TOM KEMPTON CONSTRUCTION LTD. PROJECT: MacGregor Beach /Sandy Crescent Reconstruction CONTRACT NO.: 14227 Refer to Article 10 A -4 for signed contract (Page157 in Laserfiche) MUNICIPALITY OF KINCARDINE 1475 Concession 5, R.R. 5 Kincardine, ON N2Z 2X6 (hereinafter called "the Owner ") OF THE FIRST PART - and - BILL & TOM KEMPTON CONSTRUCTION LTD. 2966 Amberley Road, R.R. 1 Ripley, ON NOG 2R0 (hereinafter called "the Contractor ") OF THE SECOND PART Filed under separate cover in Administration File — C01 in Central Records: Titled: Municipality of Kincardine By -Law No. 2015 - 109 A BY -LAW TO ACCEPT A TENDER FOR THE MACGREGOR BEACH /SANDY CRESCENT RECONSTRUCTION (Bill and Tom Kempton Construction) Cited as: MacGregor Beach /Sandy Crescent Reconstruction (Bill and Tom Kempton Construction) Tender By -law Dated: 2 nd day of July, 2015 BMROSS engineering better communities B. M. ROSS AND ASSOCIATES LIMITED Engineers and Planners 62 North Street, Goderich, ON N7A 2T4 File No. 14227 p. (519) 524 -2641 • f. (519) 524 -4403 www.bmross. net 1 1311 S July 20, 2015 4 RECEWED 2 2 Murray U 1 � 5 y Clarke, CAO Municipality of Kincardine ` Muni cip al ity L of :1,11 1475 Concession 5, R. R. 5 �� _ Kincardine Kincardine, ON N2Z 2X6 , d` 0, RE: MacGregor Beach Road and Sandy Crescent Reconstruction Enclosed are three copies of the above noted contract signed by Bill & Tom Kempton Construction Ltd. along with the Performance Bond, Labour and Material Payment Bond, Certificate of Insurance and WSIB Certificate. Please have all three copies signed on Page A -4 and forward one copy to Bill & Tom Kempton Construction Ltd., 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 1 ,24/1 �e an DeVries, P. Eng. RPD:hv Encl. Z: \14227- Kincardine- McGregor _Sandy_Cres_Reconstruction \WP\ 14227- 15Ju120- TenderSigning- Municipality let.docx CERTIFICATE OF INSURANCE ISSUE DATE (MM /DD/YY) 07/16/2015 BROKER This certificate is issued as a matter of information only and confers no rights upon the certificate holder. This certificate does not amend,extend i ) [:ran Cowan Insurance Group Ltd. or alter the coverage afforded by the policies below. 804 Ontario Street, Unit C-3 Stratford, ON NSA 3K1 Company Tania Ziolkoski A Sovereign General Insurance Company Company B INSURED'S FULL NAME AND MAILING ADDRESS Company Bill & Tom Kempton Construction Ltd. R.R. #1 Company Ripley, ON NOG 2R0 D Company E 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, not withstanding 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 the terms, exclusions and conditions of such policies. Limits shown may have been reduced by paid claims. TYPE OF INSURANCE CO POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS OF LIABILITY LTR DATE (MM/DD/YY) DATE (MMIDDIYY) (Canadian dollars unless Indicated otherwise) COMMERCIAL GENERAL LIABILITY A $0V79844785 07/31/2014 07/31/2015 EACH OCCURRENCE $ 1,000.000 ❑ CLAIMS MADE GENERAL AGGREGATE $ © OCCURRENCE PRODUCTS - COMP /OP $ 1.000,000 PRODUCTS AND /OR AGGREGATE ® PERSONAL INJURY ^$ COMPLETED OPERATIONS El PERSONAL INJURY EMPLOYER'S LIABILITY $ TENANTS LEGAL LIABILITY $ 500,000 ID EMPLOYERS LIABILITY NON -OWNED AUTOMOBILE $ 1,000,000 © TENANT'S LEGAL LIABILITY HIRED AUTOMOBILE $ 50,000 © NON -OWNED AUTOMOBILE © HIRED AUTOMOBILE AUTOMOBILE LIABILITY A TCA9801626 07/31/2014 07/31/2015 BODILY INJURY ❑ DESCRIBED AUTOMOBILES PROPERTY DAMAGE $ 1,000,000 © ALL OWNED AUTOMOBILES COMBINED INJURY © LEASED AUTOMOBILES" BODILY IN $ (Per person) ❑ GARAGE LIABILITY BODILY INJURY © OPCF 5a, OPCF 21b (Per accident) "ALL AUTOMOBILES LEASED IN EXCESS OF 30 PROPERTY DAMAGE DAYS WHERE THE INSURED IS REQUIRED TO $ PROVIDE INSURANCE EXCESS LIABILITY A UMB79844800 07/31/2014 07/31/2015 EACH OCCURRENCE $ 9,000,000 © UMBRELLA FORM fl OTHER THAN UMBRELLA FORM AGGREGATE $ 9,000,000 OTHER (SPECIFY) $ $ $ DESCRIPTION OF OPERATIONS /LOCATIONS /AUTOMOBILES /SPECIAL ITEMS/ ADDITIONAL INSURED B &M Ross and Associates Limited are added as an Additional Insured for General Liability, but only with respect to operations performed on their behalf and due to the negligence of Insured regarding Contract #14227 MacGregor Beach Road and Sandy Crescent Reconstruction. Subject to a $1,090 Bodily Injury / Property Damage Deductible CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF THE ISSUING COMPANY WILL ENDEAVOUR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE B.M. Ross and Associates Limited 62 North Street Goderich, ON N7A 2T4 . Canada Per: Page 1 of 1 VZ2AU4QK ATE (MM/DDJYY) CERTIFICATE OF INSURANCE ISSUE DATE BROKER This certificate is issued as a matter of information only and confers no rights upon the certificate holder.This certificate does not amend,extend (& Cowan Cowan Insurance Group Ltd. or alter the coverage afforded by the policies below. 804 Ontario Street, Unit C -3 Stratford, ON NSA 3K1 Company Tanta Ziolkoskl A Sovereign General Insurance Company Company B INSURED'S FULL NAME AND MAILING ADDRESS Company BiN & Tom Kempton Construction Ltd. R.R. #1 Company Ripley, ON NOG 2R0 D Company E 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, not withstanding 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 the terms, exclusions and conditions of such policies. Limits shown may have been reduced by paid claims, TYPE OF INSURANCE CO POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS OF UABILITY LTR DATE (MMIDDIYY) DATE (MM/DD/YY) (Canadian dollars unless Indicated otharwase) COMMERCIAL GENERAL LIABILITY A SOV79844785 07/31/2014 07/31/2015 EACH OCCURRENCE $ 1,000,000 ❑ CLAIMS MADE GENERAL AGGREGATE $ ® OCCURRENCE PRODUCTS - COMP/OP $ 1,000.000 PRODUCTS AND/OR AGGREGATE ® PERSONAL INJURY $ COMPLETED OPERATIONS 12 PERSONAL INJURY EMPLOYERS LIABILITY TENANTS LEGAL LIABIUTY S 500.000 EMPLOYERS LIABILITY ❑ NON -OWNED AUTOMOBILE $ 1,000,000 ® TENANT'S LEGAL LIABILITY HIRED AUTOMOBILE $ 50,000 ® NON-OWNED AUTOMOBILE HIRED AUTOMOBILE AUTOMOBILE UABIUTY A TCA9801626 07/31/2014 07/31/2015 BODILY INJURY ❑ DESCRIBED AUTOMOBILES PROPERTY DAMAGE $ 1,000,000 OWNED AUTOMOBILES COMBINED ALL BODILY INJURY © LEASED AUTOMOBILES • (Per person) $ o GARAGE LIABILITY BODILY INJURY OPCF 5a, OPCF 21b (Per accident) "ALL AUTOMOBILES LEASED IN EXCESS OF 30 PROPERTY DAMAGE DAYS WHERE THE INSURED IS REQUIRED TO $ PROVIDE INSURANCE EXCESSLIABIUTY A UMB79844800 07/31/2014 07/31/2015 EACH OCCURRENCE $ 9000000 ® UMBRELLA FORM ❑ OTHER THAN UMBRELLA FORM AGGREGATE $ 9.000.000 4 OTHER (SPECIFY) $ $ $ $ DESCRIPTION OF OPERATIONS /LOCATIONS /AUTOMOBILES/SPECIAL ITEMS/ ADDITIONAL INSURED Municipality of Kincardine is added as an Additional Insured for General Liability, but only with respect to operations performed on their behalf and due to the negligence of Insured regarding Contract #14227 MacGregor Beach Road and Sandy Crescent Reconstruction. Subject to a $1,000 Bodily Injury / Property Damage Deductible CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED ED BEFORE THE EXPIRATION DATE THEREOF THE ISSUING COMPANY WILL ENDEAVOUR TO MAIL 30 DAYS WRI NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBUGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. Municipality of Kincardine AUTHORIZED REPRESENTATIVE 1475 Concession 5, R.R. #5 Kincardine, ON N2Z 2X6 p+ Canada Per: ' "'• . Page 1 of 1 AUMK7AEU eClearance Page 1 of 1 vvsib ClitiTARIO eClearance Clearance Certificate Clearance Certificate Generation Result Contractor Contractor Contractor Clearance Validity Principal Principal Legal / Trade Address Classification Certificate period (dd- Legal / Trade Address Name Unit and Number mmm- Name Description YYYY) BILL & TOM 2966 4564 -000: Dry M10000075FH1 13 -Ju1-2015 CORPORATION 1475 KEMPTON AMBERLEY Bulk Materials - OF THE CONCESSION CONSTRUCTION RD RR 1, Trucking 19- Aug -2015 MUNICIPALITY 5 RR 5, LTD RIPLEY, ON, 4122 -000: OF KINCARDINE, NOG2RO, CA Waterworks KINCARDINE / ON, N2Z2X6, and Sewage KINCARDINE CA Systems MUNICIPALITY 4214 -000: Excavating and Grading https : / /eservices.wsib.on.ca/portal/ server. pt / community /eservices /ecearance/ 7/13/15 THE GUARANTEE LABOUR AND MATERIAL PAYMENT BOND (Trustee Form) No: WS7172840 Bond Amount: $436,476.34 BILL & TOM KEMPTON CONSTRUCTION LTD. as Principal, hereinafter called the Principal, and THE GUARANTEE COMPANY OF NORTH AMERICA 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 THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE as Obligee, hereinafter called the Obligee, in the amount of FOUR HUNDRED AND THIRTY - SIX THOUSAND FOUR HUNDRED AND SEVENTY - SIX - -- 34/100 DOLLARS ($436,476.34) lawful money of Canada, for the payment of which sum the Principal and the Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally. WHEREAS, the Principal has entered into a written contract with the Obligee, dated JULY 3rd, 2015 for CONTRACT #14227 MACGREGOR BEACH ROAD AND SANDY CRESCENT RECONSTRUCTION in accordance with the Contract Documents submitted, and which are by reference made part hereof and are hereinafter referred to as the Contract. The condition of this obligation is such that, if the Principal shall make payment to all Claimants for all labour and material used or reasonably required for use in the performance of the Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect, subject, however, to the following conditions: 1. A Claimant for the purpose of this Bond is defined as one having a direct contract with the Principal for labour, material, or both, used or reasonably required for use in the performance of the Contract, labour and material being construed to include that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment directly applicable to the Contract provided that a person, firm or corporation who rents equipment to the Principal to be used in the performance of the Contract under a contract which provides that all or any part of the rent is to be applied towards the purchase price thereof, shall only be a Claimant to the extent the prevailing industrial rental value of such equipment for the period during which the equipment was used in the performance of the Contract. The prevailing industrial rental value of equipment shall be determined, insofar as it is practical to do so, by the prevailing rates in the equipment marketplace in which the work is taking place. 2. The Principal and the Surety, hereby jointly and severally agree with the Obligee, as Trustee, that every Claimant who has not been paid as provided for under the terms of his contract with the Principal, before the expiration of a period of ninety (90) days after the date on which the last of such Claimant's work or labour was done or performed or materials were furnished by such Claimant, may as a beneficiary of the trust herein provided for, sue on this Bond, prosecute the suit to fmal judgment for such sum or sums as may by justly due to such Claimant under the terms of his contract with the Principal and have execution thereon. Provided that the Obligee is not obliged to do or take any act, action or proceeding against the Surety on behalf of the Claimants, or any of them, to enforce the provisions of this Bond. If any act, action or proceeding is taken either in the name of the Obligee or by joining the Obligee as a party to such proceeding, then such act, action or proceeding, shall be taken on the understanding and basis that the Claimants or any of them who take such act, action or proceeding shall indemnify and save harmless the Obligee against all costs, charges and expenses or liabilities incurred thereon and any loss or damage resulting to the Obligee by reason thereof. Provided still further that, subject to the foregoing terms and conditions, the Claimants, or any of them, may use the name of the Obligee to sue on and enforce the provisions of this Bond. 3. It is a condition precedent to the liability of the Surety under this Bond that such Claimant shall have given written notice as hereinafter set forth to each of the Principal, the Surety and the Obligee, stating with substantial accuracy the amount claimed, and that such Claimant shall have brought suit or action in accordance with this Bond, as set out in sub - clauses 3 (h) and 3 (c) below, Accordingly, no suit or action shall be commenced hereunder by any Claimant: The Guarantee Company of North America 954 Dundas Street East Excellence, Expertise, Experience ... Every time Woodstock, ON N4S 7Z9 Tel 519- 539 -9868 • Fax 519- 539 -5524. 1 -800 -265 -4262 gcna.com a) unless such notice shall be served by mailing the same by registered mail to the Principal, the Surety and the Obligee, at any place where an office is regularly maintained for the transaction of business by such persons or served in any manner in which legal process may be served in the Province or Territory in which the subject matter of the Contract is located. Such notice shall be given. i.) in respect of any claim for the amount or any portion thereof, required to be held back from the Claimant by the Principal, under either the terms of the Claimant's contract with the Principal, or under the lien Legislation applicable to the Claimant's contract with the Principal, whichever is the greater, within one hundred and twenty (120) days after such Claimant should have been paid in full under the Claimant's contract with the Principal; ii.) in respect of any claim other than for the holdback, or portion thereof, referred to above, within one hundred and twenty (120) days after the date upon which such Claimant did, or performed, the last of the work or labour or furnished the last of the materials for which such claim is made under the Claimant's contract with the Principal; b) after the expiration of one (1) year following the date on which the Principal ceased work on the Contract, including work performed under the guarantees provided in the Contract; c) other than in a Court of competent jurisdiction in the Province or Territory in which the work described in the Contract is to be installed or delivered as the case may be and not elsewhere, and the parties hereto agree to submit to the jurisdiction of such Court 4. The Surety agrees not to take advantage of Article 2365 of the Civil Code of the Province of Quebec in the event that, by an act or an omission of a Claimant, the Surety can no longer be subrogated in the rights, hypothec and privileges of said Claimant. 5. Any material change in the contract between the Principal and the Obligee shall not prejudice the rights or interest of any Claimant under this Bond, who is not instrumental in bringing about or has not caused such change. 6. The amount of this Bond shall be reduced by, and to the extent of any payment or payments made in good faith, and in accordance with the provisions hereof, inclusive of the payment by the Surety of claims made under the applicable lien legislation or legislation relating to legal hypothecs, whether or not such claim is presented under and against this Bond. 7. The Surety shall not be liable for a greater sum than the Bond Amount. IN WITNESS WHEREOF, the Principal and the Surety have Signed and Sealed this Bond dated this 13th day of JULY, 2015. SIGNED and SEALED in the presence of 4-0 � ,, [,� /r BILL & TOM KEMPTON CONSTRUCTION LTD. 4 -0.1 / �/ Witness as to Principal Principal THE GU RAN EE,COMP NY OF NORTH AMERICA P 4114.11 /WM. wy , A o e —in-fact Endorsed b CCDC 222 Y — � � �CD�: 222 — 2002 has been approved by The Surety Association of Canada (Jan. 2003 — Labour & Material Payment Bond€'CC - Standard) • ilk THE GUARANTEE PERFORMANCE BOND No: WS7172840 Bond Amount: $436,476.34 BILL & TOM KEMPTON CONSTRUCTION LTD. as Principal, hereinafter called the Principal, and THE GUARANTEE COMPANY OF NORTH AMERICA 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 THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE as Obligee, hereinafter called the Obligee, in the amount of FOUR HUNDRED AND THIRTY - SIX THOUSAND FOUR HUNDRED AND SEVENTY - SIX — 34/100 DOLLARS ($436,476.34) lawful money of Canada, for the payment of which sum the Principal and the Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally. WHEREAS, the Principal has entered into a written contract with the Obligee, dated JULY 3rd, 2015 for CONTRACT #14227 MACGREGOR BEACH ROAD AND SANDY CRESCENT RECONSTRUCTION hereinafter referred to as the Contract. The condition of this obligation is such that if the Principal shall promptly and faithfully perform the Contract then this obligation shall be null and void; otherwise it shall remain in full force and effect. Whenever the Principal shall be, and declared by the Obligee to be, in default under the Contract, the Obligee having performed the Obligee's obligations thereunder, the Surety shall promptly: (1) remedy the default, or; (2) complete the Contract in accordance with its terms and conditions or; (3) obtain a bid or bids for submission to the Obligee for completing the Contract in accordance with its terms and conditions and upon determination by the Obligee and the Surety of the lowest responsible bidder, arrange for a contract between such bidder and the Obligee and make available as work progresses (even though there should be a default, or a succession of defaults, under the contract or contracts of completion, arranged under this paragraph) sufficient funds to pay to complete the Principal's obligations in accordance with the terms and conditions of the Contract and to pay those expenses incurred by the Obligee as a result of the Principal's default relating directly to the performance of the work under the Contract, less the balance of the Contract price; but not exceeding the Bond Amount. The balance of the Contract price is the total amount payable by the Obligee to the Principal under the Contract, less the amount properly paid by the Obligee to the Principal, or; (4) pay the Obligee the lesser of (1) the Bond Amount or (2) the Obligee's proposed cost of completion, less the balance of Contract price. It is a condition of this bond that any suit or action must be commenced before the expiration of two (2) years from the earlier of (1) the date of Substantial Performance of the Contract as defined in the lien legislation where the work under the Contract is taking place, or if no such definition exists, the date when the work is ready for use or is being used for the purpose intended, or (2) the date on which the Principal is declared in default by the Obligee. The Surety shall not be liable for a greater sum than the Bond Amount. No right of action shall accrue on this Bond, to or for the use of, any person or corporation other than the Obligee named herein, or the heirs, executors, administrators or successors of the Obligee. IN WITNESS WHEREOF, the Principal and the Surety have Signed and Sealed this bond dated this 13th day of JULY, 2015. . SIGNED and SEALED in the presence of BILL & TOM KEMPTON CONSTRUCTION LTD. Witness as to Principal Principal THE GUA RANT Y C I ANY OF NORTH AMERICA 'r f evra E, ttorririnl act ® 4 Endorsed by– CCDC 221 CCDC 221, - 2002 - as'been approved by The Surety Association of Canada (Jan. 2003 – Performance Bond CCA - Standard) L Y i . a; The Guarantee Company of North America 954 Dundas Street East Excellence, Expertise, Experience ... Every time Woodstock, ON N4S 7Z9 Tel 519-539-9868 • Fax 519- 539 -5524. 1 -800- 265 -4262 gcna.com I MUNICIPALITY OF KINCARDINE MACGREGOR BEACH ROAD AND SANDY CRESCENT RECONSTRUCTION CONTRACT NO. 14227 ' ADDENDUM NO. 3 1 Plan takers shall note the following: ' (1) The addendum issued on June 16, 2015 was erroneously titled Addendum No. 1. Tenders are advised to amend the numberin g of the June 16, 2015 addendum to read as Addendum No. 2. ' B. M. ROSS AND ASSOCIATES LIMITED ED Engineers and Planners ' 62 North Street Goderich, ON N7A 2T4 Phone: (519) 524 -2641 ' Fax: (519) 524 -4403 www.bmross.net June 19, 2015 ' Contractor's Signature Date Faxed to all Plan Takers — 1 page + addenda receipt I I ' MUNICIPALITY OF KINCARDINE ' MACGREGOR BEACH ROAD AND SANDY CRESCENT RECONSTRUCTION CONTRACT NO. 14227 ' ADDENDUM NO. 1 I Plan takers shall note the following: I 1 I tem No. 18, The Perforated Storm Sewer sh all be installed as (1) per attached P Perforated Storm Sewer Detail, Drawing No. 806. I 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 June 16, 2015 1 Contractor's Signature Date Faxed to all Plan Takers — 2 pages + addenda receipt MN — r I MI MI UM MN OM — OM MI an r r M - - ME OVERLAP FILTER CLOTH 450mm MIN. v, v, v: v: . www 19mm DIA. CLEAR STONE, MIN • • • � 300mm AROUND PIPE III . I���I ., • NOOANT "6040 ;CA tiO4:d e a .60.60, ArntiO FILTER CLOTH (NON -WOVEN TYPE) I1:I4I1• . �. . I�� PERFORATED STORM SEWER CLASS 1 WITH A FILTER OPENING SIZE N ONIA - O .'.0 FOS OF 130 -100 M .=.. W=t i.=.=��:i PIPE (SIZE AS SPECIFIED) .1.1.1.:.1.x.1.:.4 :.1, AP .1 ! E Ez o— 0 BMROSS STANDARD DRAWING DATE OF REVISION - June, 2015 I j ROSS SCALE : N.T.S. i �� engineering better communities Perforated Storm Sewer Detail DRAWING No. 806 ' MUNICIPALITY OF KINCARDINE MACGREGOR BEACH ROAD AND SANDY CRESCENT RECONSTRUCTION CONTRACT NO. 14227 ' ADDENDUM NO. 1 ' Plan takers shall note the following: (1) Environmental Compliance Approval An Environmental Compliance Approval (ECA) from the Ministry of the ' Environment and Climate Change was applied for on March 10, 2015. Tenderers are advised that construction will not be allowed to commence until the ECA is received by the Owner. I B. M. ROSS AND ASSOCIATES LIMITED Engineers and Planners 1 62 North Street Goderich, ON N7A 2T4 Phone: (519) 524 -2641 Fax: (519) 524 -4403 www.bmross.net June 10, 2015 1 1 1 I 1 i 1 i 1 MUNICIPALITY OF KINCARDINE MACGREGOR BEACH ROAD AND ' SANDY CRESCENT RECONSTRUCTION CONTRACT NO. 14227 1 1 MUNICIPALITY OF KINCARDINE MACGREGOR BEACH ROAD AND SANDY CRESCENT RECONSTRUCTION ' CONTRACT NO. 14227 1 INDEX TO CONTRACT DOCUMENTS I Description Page Addendum No. 1 Front Cover Information to Bidders IB -1 —1B -11 I Tender Form of Tender T -1 — T -5 I Statement re Sub - Contractors T -A & T -B Agreement to Bond Performance Bond Labour and Material Payment Bond I Schedule of Plans, Specifications, General Conditions & Standards Index to Special Provisions I Special Provisions SP -1 to SP -26 Supplemental General Conditions SGC -1 & SGC -2 General Conditions — OPSS.MUNI 100 Rev. Date: 11/2006 I Agreement A -1 -A -4 Municipality of Kincardine Corporate Statement Occupational Health and Safety Contract Release I Statutory Declaration re Payment of Accounts Statutory Declaration re Liens and Liabilities ' Standards I Appendix — Borehole Log I t t t 1 t I I 1 I I INFORMATION TO BIDDERS 1 I 1 I t I 1 1 ' Z: \14227- Kincardine -McGre or_Sand _Cres_Reconstruction \WP \Contract \14227 -Info. to Bidders.docx g Y 1 i I INDEX TO INFORMATION TO BIDDERS (January 2015) 1) Date and Place for Receiving Tenders IB -1 I 2) Tender Deposit IB -1 3) Submission of Tender IB -1 4) Clarification 1B -2 5) Withdrawal of Tender IB -2 6) Disqualification of Tender LB-2 7) Form of Agreement IB -2 8) Competency of Bidders IB -2 9) Supervision of Work IB -2 10) Sub - Contractors IB -3 11) Tender Acceptance IB -3 12) Performance and Payment Bonds IB -3 13) Insurance IB -3 14) Completion Date and Liquidated Damages IB-4 15) Disposal and Use of Excavated and Excess Materials IB -5 16) Taxes IB -5 17) Regulation of Pits and Quarries IB -6 18) Salvageable Material IB -6 19) Geotechnical Investigation Report IB -6 20) Utilities IB -6 21) Occupational Health and Safety Act IB -6 22) Workplace Safety and Insurance Board Certificates IB -6 23) Contract Release IB -7 24) Use of Premises IB -7 25) Permit for Taking Water in Excess of 50,000 Litres Per Day IB -7 26) Hot Mix Plant - Environmental Protection Act IB -7 27) Restrictions on Open Burning 1B -7 28) Night, Sunday, and Holiday Work IB -8 29) Drainage IB -8 30) Bribery IB -8 31) Provisions for Traffic, Access, and Protection IB -8 32) Cold Weather Concrete IB -9 33) Falsework IB -9 34) Excess Loading of Motor Vehicles IB -9 35) Protection of Trees IB -10 36) Ontario Provincial Standards IB -10 37) Guaranteed Maintenance 1B -10 38) Garbage Collection and Blue Box Recycling lB -10 39) Dust Control IB -11 I I I I I I I 1 IB -1 INFORMATION TO BIDDERS 1) DATE AND PLACE FOR RECEIVING TENDERS: Tenders will be received by: Murray Clarke, CAO Municipality of Kincardine 1475 Concession 5, RR5 Kincardine, ON N2Z 2X6 1 until 12:00 noon, Monday, June 22, 2015 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: 1 Twenty Two Thousand Five Hundred Dollars ($22,500.00). This deposit shall serve as evidence of good faith that if awarded the contract, the bidder will execute and enter into a formal agreement with the Owner within the time required and will furnish the security required to secure the performance of the terms and conditions of this contract. The tender deposit of the bidder whose tender is accepted shall be forfeited by him should he fail to execute a contract and provide the satisfactory bonds, referred to hereafter, within ten (10) days after receiving written notice from the Contract Administrator of the award of the contract to him. The deposits of unsuccessful bidders will be returned within thirty (30) days of the award of the contract. The deposit of the successful bidder shall be returned upon receipt of the performance bond and the signed contract. 3) SUBMISSION OF TENDER: a) Form of Tender: I 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. 1 I t IB -2 b) Statement re Sub - Contractors: Where included in the contract documents, each bidder shall complete along with the tender, a list of proposed Sub- Contractors showing the value of the work to be sublet to each. The value of work sublet shall not exceed 50% 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 I bonding company, and the same must be submitted with their tender in order to validate their bid. 4) CLARIFICATION: I Any details in question on this contract or in the accompanying plans shall be clarified by the bidder prior to submitting the bid. The unit prices as tendered shall include the supply of all permits, labour, equipment, and materials except where noted that are necessary to complete the contract. 5) WITHDRAWAL OF TENDER: A bidder will be allowed to withdraw their tender unopened after it has been deposited if such request is received in writing prior to the time specified for the closing of tenders. 6) DISQUALIFICATION OF TENDER: 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 or electronically. I More than one tender from an individual, firm, partnership or association under the same or different names will not be considered. Collusion between bidders will be sufficient cause for rejection of all tenders so affected. 7) FORM OF AGREEMENT: It is not necessary to complete the "Form of Agreement" when submitting your tender, but the successful bidder shall be required to complete the form upon notification of the award of the contract. 8) COMPETENCY OF BIDDERS: Bidders and Sub - Contractors must be capable of performing the various items of work bid upon. They may be required to furnish a statement covering experience on similar work, list of machinery available I for the proposed work, and such statements of their financial resources as may be deemed necessary. 9) SUPERVISION OF WORK: I In accordance with Section GC7.01.10 of the General Conditions, the Contractor shall have an authorized representative onsite while any work is being performed to supervise the work and act for or on the Contractor's behalf. This may include attendance by the Contractor's representative at site meetings as may be reasonably scheduled by the Contract Administrator. I IB -3 10) SUB- CONTRACTORS: The Contract Administrator shall reserve the right to review the Sub - Contractors proposed at the time of tendering and to approve any Sub - Contractors proposed after the contract is awarded. 11) TENDER ACCEPTANCE: Bidders are notified that any unbalanced items, errors, or omissions in the tender may render the tender invalid. Contractors are notified that each tender shall continue open to acceptance by the Owner until the formal contract is executed by the successful bidder or until at least thirty (30) days after the tender closing date, whichever occurs first. The Owner may at any time within that period, without notice, accept this tender whether any other tender had been previously accepted or not. The accepted bidder shall provide a Clearance Certificate from the Workplace Safety and Insurance Board. 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. 12) PERFORMANCE AND PAYMENT BONDS: The Contractor, upon receipt of written notice from the Owner awarding the contract, shall provide a ' Performance Bond and a separate Labour and Material Payment Bond, each in the amount of one hundred percent (100 %) of the total tender to guarantee the performance of all obligations of the contract. These Bonds shall be supplied to the Owner within ten (10) days of the acceptance of the tender, and shall be at ' the expense of the Contractor. 13) INSURANCE: GC 6.03.01— General has been amended as follows: Without restricting the generality of subsection GC 6.02, Indemnification, the Contractor shall provide, maintain, and pay for the insurance coverages listed under clauses GC 6.03.02 — General 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 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 requesting proof of valid insurance whenever aircraft are anticipated to be used during the course of construction. 111 b) Watercraft Liability Insurance: The Contract Administrator, on behalf of the Owner, will be requesting proof of valid insurance whenever watercraft are anticipated to be used during the course of construction. c) Contractor's Equipment Insurance: The Contract Administrator, on behalf of the Owner, will be requesting proof of insurance. I I I IB -4 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. GC 6.03.07.01 has been amended as follows: 1 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. 14) COMPLETION DATE AND LIQUIDATED DAMAGES: a) Time: I Time shall be the essence of this agreement. b) Progress of the Work and Time for Completion: The Contractor shall complete this contract in its entirety by: October 30, 2015. 1 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, I 1) by reason of changes or alterations made under Section GC3.07 of the General Conditions; 2) by reason of any breach of contract or prevention by the Owner or other Contractor of the Owner or any employee of any one of them; 3) by reason of delay by the Owner issuing instructions or information or in delivering materials; 4) by any other act or neglect of the Owner or any other Contractor of the Owner or any employee of any one of them; 5) for any cause beyond the reasonable control of the Contractor; or 6) by Acts of God, or of the Public Enemy, Acts of the Province or of any Foreign State, Fire, Floods, Epidemics, Quarantine Restrictions, Embargoes or delays of Sub - Contractors due to such causes, the time of completion shall be extended in writing at any time on such terms and for such period as shall I be determined by the Contract Administrator, and notwithstanding such extensions, time shall continue to be deemed of the essence of this contract. I r IB -5 An application by the Contractor for an extension of time as herein provided shall be made to the Owner in writing at least fifteen (15) days prior to the date of completion fixed by the contract. All bonds or other surety furnished to the Owner by the Contractor shall be amended where necessary at the expense of the Contractor to provide coverage beyond the date of any extension of time granted, and the Contractor shall furnish the Owner with evidence of such amendment of the bonds or other surety. Any extension of time that may be granted to the Contractor shall be so granted and accepted without prejudice to any rights of the Owner whatsoever under this contract, and all such rights shall continue in full force and effect after the time limited in this contract for the completion of the work and whenever in this contract power and authority is given to the Owner or the Contract Administrator or any person to take any action consequent upon the act, default, breach, neglect, delay, non - observance or non - performance by the Contractor in respect of the work or contract, or any portion thereof, such powers or authorities may be exercised from time to time and not only in the event of the happening of such contingencies before the time limited in this contract for the completion of the work but also in the event of the same happening after the time so limited in the case of the Contractor being permitted to proceed with the execution of the work under an extension of time granted by the Contract Administrator. c) Liquidated Damages: I It is agreed by the parties to the contract that in case all the work called for under the contract is not finished or completed within the date of completion, damages will be sustained by the Owner, and that it is and will be impracticable and extremely difficult to ascertain and determine the actual damage which the Owner will sustain in the event of and by reason of such delay and the parties hereto agree that the Contractor will pay to the Owner the sum of One Thousand Dollars ($1,000.00) per day for liquidated damages for each and every calendar day's delay in finishing the work beyond the date of completion prescribed, and it is agreed that this amount is an estimate of actual damage to the Owner which will accrue during the period in excess of the prescribed date of completion. The Owner may deduct any amount under this paragraph from any monies that may be due or payable to the Contractor on any account whatsoever. The liquidated damages payable under this paragraph are in addition to and without prejudice to any other remedy, action or other alternative that may be available to the Owner. 15) 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. 16) 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 final payment in accordance with the final contract price. I t IB -6 17) REGULATION OF PITS AND QUARRIES: Bill 120, An Act to Regulate Pits and Quarries and to Provide for their Rehabilitation shall be applicable in such parts of Ontario as the Lieutenant Governor shall from time to time designate by Regulation. All costs related to this specification will be deemed to have been included in the appropriate tender items and no separate payment will be made therefore. 18) SALVAGEABLE MATERIAL: 1 All existing materials along the line of construction deemed salvageable by the Contract Administrator shall be delivered to the storage site designated by the Contract Administrator. All other materials that, in the opinion of the Contract Administrator, cannot be salvaged shall be disposed of outside the limits of the contract, as directed by the Contract Administrator or at locations arranged for by the Contractor at his own expense. The Contractor will be responsible for all clean-up after construction to the complete satisfaction of the Contract Administrator. I 19) GEOTECHNICAL INVESTIGATION REPORT: If a geotechnical investigation was performed for this contract, the report will be made available at the I office of the Contract Administrator for inspection by any bidder but the office of the Contract Administrator assumes no responsibility for any errors or omissions which may be inherent in the soils report. Neither the Owner nor the Contract Administrator warrants interpretations of data or opinions expressed in any subsurface report. 20) UTILITIES: I The location and depth of the utilities shown on the contract drawings are based on information obtained from the applicable operating authority. It is the Contractor's responsibility to contact the Municipal Authorities or Utility Companies for further information in regard to the exact location of these utilities or other utilities not shown on the drawings and to exercise the necessary care in construction operations and to take such other precautions as are necessary to safeguard the utilities from damage. This provision shall also apply to all storm and sanitary sewers, and the Contractor shall be completely responsible for the replacement or repair of any utilities or sewers damaged because of their operations. The Contractor shall adhere to the requirements for pipe support as provided by the utility company. 4 P Pe PP P Y Y P Y• 21) 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. 22) 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 j receipt of a valid Workplace Safety and Insurance Board Certificate. 1 I I IB -7 23) CONTRACT RELEASE: Prior to receiving the Statutory Holdback Release Payment Certificates based on Substantial Performance or Completion, the Contractor shall complete, in triplicate, the Contract Release, the Statutory Declaration re Payments of Accounts and the Statutory Declaration re Liens & Liabilities on the forms bound herein. Only the original, signed forms will be accepted by the Contract Administrator. 24) USE OF PREMISES: The Contractor shall confine the apparatus, the storage of materials, and the operations of workers to limits indicated by law, ordinances, permits or directions of the Contract Administrator and shall not unreasonably encumber the premises with materials. Use of any adjacent property for storage purposes will be the Contractor's full responsibility and will in no way involve the Owner. The Contractor shall secure permission from each property owner before trespassing on any property. 1 25) PERMIT FOR TAKING WATER IN EXCESS OF 50,000 LITRES PER DAY: Where the Contractor will require water in excess of 50,000 litres per day, a permit must be obtained as per The Ontario Water Resources Act. A permit may be obtained by making an application to the Ministry of the Environment. 26) HOT MIX PLANT -- ENVIRONMENTAL PROTECTION ACT: The attention of the Contractor is drawn to the Environmental Protection Act, RSO 1980, and regulations under this Act. Compliance with these regulations does not relieve the Contractor of contractual 1 obligations as set out in the General Conditions, Section GC7.01. 27) RESTRICTIONS ON OPEN BURNING: 1 Any open burning must be in conformity with local municipal by -laws, regulations pursuant to The Ontario Fire Code and the conditions noted below. Open burning which does not conform to these policies may be in contravention of the Environmental Protection Act, RSO 1990. ' a) The Contractor shall assume full responsibility for conducting open burning in accordance with the safety measures required by police and fire services and the Ministry of Natural Resources 1 b) and other regulatory bodies having jurisdiction. Open burning is prohibited in areas subjected to a smog alert advisory as issued by the MOE. c) The Contractor shall inform the District Officer of the Regional Operations Division of the Ministry of Environment, one week in advance, of the date when burning will commence. d) All open fires shall be limited as much as possible to daylight hours. e) All open fires shall be attended at all times. f) Open burning shall be located within the contract limits, no closer than 30 m to water bodies, and no closer than 150 m to any dwelling and shall be conducted in a manner that prevents odour, excessive smoke, material discomfort to nearby recipients, and a decrease in visibility on any roadway. 1 g) No open fires shall be maintained when the wind is in such a direction as to cause a decrease in visibility on any highway. h) Open fires shall not be started on days of adverse weather such as rain, fog, or other conditions ' that prevent the ready dispersion of smoke. During the fire season this condition may be exempted in the fire zone, provided there are no occupied dwellings within 600 m. I IB -8 i) Materials to be burned shall consist of wood wastes only and shall not be burned in such a manner as to cause odour, excessive smoke or other material discomfort to nearby receptors. j) Debris from open fires shall not be piled adjacent to or discharged into watercourses. k) Open fires shall not be located between Sta. and Sta. . Where open burning is prohibited or impractical in specific areas of this contract, brush and debris may, as an alternative to burning, be disposed of outside the right -of -way in a manner approved by the Contract Administrator, so as not to be unsightly or potentially unsightly from any highway. The Contractor shall arrange for disposal areas at his own expense. 28) 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. 29) DRAINAGE: The Contractor shall keep all portions of the work properly and efficiently drained during construction and until completion, and will be held responsible for all damage which may be caused or result from water backing up or flowing over, through, from or along any part of the works, or which any of the operations may cause to flow elsewhere. 30) BRIBERY: I Should the Contractor or any of the agents give or offer any gratuity to, or attempt to bribe any officer or servant of the Owner, the Owner shall be at liberty to cancel the contract forthwith or to direct the Contract Administrator to take the whole or any part of the works out of the hands of the Contractor. Bribery shall be considered as non - fulfilment of the contract by the Contractor. 31) PROVISIONS FOR TRAFFIC, ACCESS, AND PROTECTION: ! a) Urban Areas: Traffic shall be maintained at all times during construction for private access, but detours to streets adjacent to the work will be permitted with permission from the Contract Administrator. When requested by the Contract Administrator, the roadway shall be kept open by placing sufficient granular material to carry traffic. If it is desirable to detour traffic during the construction of any part of the work, the Contractor shall supply, place and maintain proper detour signs, including adequate barricades and lights to clearly mark such detours throughout their entire length to the satisfaction of the Contract Administrator. The routing of such detours will be approved by the Contract Administrator. The Contractor shall be responsible for grading and maintaining any streets used as detours or haul roads and shall restore these roads to their original condition. The Contract Administrator may require that Granular "A" or Calcium Chloride be applied at the Contractor's expense to a street before allowing its use as a detour, or during the period of use. I I I I IB -9 1 b) Rural Areas: If required under the Special Provision item, the Contractor shall construct a detour to carry vehicular traffic. The Contractor shall place proper detour signs, including adequate barricades and lights to clearly mark this detour throughout the entire length and to the satisfaction of the Contract Administrator. c) General: The Contractor shall be responsible for signing the detour and the detour shall be as per the Ontario Traffic Manual for roadway work operations under OTM Book 7 (Temporary Conditions). As per Book 7, the Contractor shall submit a traffic control plan a minimum of one week prior to any necessary traffic control measures. A copy of this plan will be kept on file by the Owner. The Contractor will be responsible for maintaining proper signs, barricades, and lights at all points along the line of construction that may be hazardous. The Contractor will provide good vehicular access at all times, for all residents who presently have access along the line of construction. Where applicable, the Contractor shall supply an adequate number of flagmen/women to direct traffic at all times during construction as required by the Contract Administrator. 32) COLD WEATHER CONCRETE: Unless otherwise specifically stated in the Special Provisions, the bidders shall note that no additional payment will be made for heating or cooling of concrete or housing of structure and heating of the ' housing enclosure. 33) FALSEWORK: 1 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 I (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 in Ontario. Such certification shall be submitted to the Contract Administrator not less than 24 hours prior to pouring concrete. ' 34) EXCESS LOADING OF MOTOR VEHICLES: For the purpose of this contract, payment for weighed items is as follows: Vehicles hauling material being measured for payment by weight will be paid for the actual amount of material hauled. I I IB -10 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. , 35) PROTECTION OF TREES: The Contractor's operations shall not cause damage to the trunk or branches of trees, or flooding or I sediment deposits on areas where trees are not designated for removal. Protective measures shall be taken to safeguard trees from contract operations, equipment and vehicles. ' Unless stated elsewhere in the contract, equipment or vehicles shall not be parked, repaired, refuelled, construction materials shall not be stored, and earth materials shall not be stockpiled within the dripline area of any tree not designated for removal. Where the contract requires work within the dripline of trees, operation of equipment shall be kept to the minimum necessary to perform the work required. Within five calendar days of any damaged that may occur, branches 25 mm or greater in diameter that are broken, shall be cut back cleanly at the break or to within 10 mm of their base, if a substantial portion of the branch is damaged. Roots 25 mm or larger in diameter that are exposed by the Contractor's operation shall be cut back cleanly to the soil surface within five calendar days of exposure. Bark that is damaged by the Contractor's operation shall be neatly trimmed back to uninjured bark, without causing further injury, within five calendar days of damage. All damaged areas shall be treated with an approved tree paint after trimming of damaged section of tree. 36) 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. 37) GUARANTEED MAINTENANCE: 5 % 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. I 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 38) GARBAGE COLLECTION AND BLUE BOX RECYCLING: The Contractor shall be responsible for co- ordinating the collection of all garbage and blue box recycling, t within the limits of the contract during construction, with the appropriate authority. I I I lB -11 1 39) DUST CONTROL The Contractor shall take such steps, as may be required to prevent dust nuisance resulting from the operations either within the contract limits, on detours, or elsewhere, or by public traffic, where it is the Contactor's responsibility to maintain a roadway through the work. ' Where the work requires the sawing of asphalt or the sawing or grinding of concrete, blades and grinders of the wet type shall be used together with sufficient water to prevent the incidence of dust, wherever dust would affect traffic or wherever dust would be a nuisance to residents of the area where the work is being carried out. The cost of all preventative measures required by the Contract Administrator outside the limits of the contract shall be borne by the Contractor. The cost of such measures within the contract shall be borne by the Contractor except in contracts where tender items include "Water for Compaction and Dust Control" or "Calcium Chloride" or both. In such cases, the Contractor shall be paid by the Owner at the contract unit price(s) for the appropriate item(s). I I I I I I I I T -1 FORM OF TENDER MUNICIPALITY OF KINCARDINE MACGREGOR BEACH ROAD AND SANDY CRESCENT RECONSTRUCTION CONTRACT NO. 14227 Tender by Bill & Tom Kempton Construction Limited residin g at RR 1 Ripley, ON NOG 2R0 I a company duly incorporated under the laws of Ontario and having its head office at Amberley, ON hereinafter called the "Bidder" 1 To -- Municipality of Kincardine I I/We Bill & Tom Kempton Construction Limited having carefully examined the locality and site of the proposed works and all tender documents relating II thereto, including the Form of Agreement, Special Provisions, Contract Drawings, Information to Bidders, Standard Specifications, Standard Drawings, Form of Tender, Supplemental General Conditions, General I Conditions and Addendum/Addenda Numbers 1 to 1 * inclusive, hereby tender and offer in accordance therewith to enter into a contract within the prescribed time, to construct the said work in strict accordance with the contract documents and such further detail drawings as may be supplied from time to time, and to I furnish all labour, materials, tools, plant, matters and things necessary therefore, complete and ready for use within the time specified for the sum, including HST, of Four Hundred Thirty Six Thousand, Seven Hundred Forty Six Dollars and Thirty Four Cents ($436,746.34) I 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 taken into account when preparing the Tender. I I T -2 #REF! I SCHEDULE OF ITEMS AND PRICES I Item Spec. # Description Qty./Unit Price Amount I ROADWORK 1 201, SP Clearing (trees all sizes) 1 Ea. 250.00 250.00 I 2 201, SP Grubbing (stumps all sizes) 1 Ea. 250.00 250.00 1 3 206, SP Earth excavation 2900 m 7.00 20,300.00 I 4 501, 506 Water for compaction (supplied by the 205 m 5.00 1,025.00 Contractor) 1 5 506 Calcium chloride 2.7 t 400.00 1,080.00 I 6 314, 351 Granular "A" 1800 t 12.00 21,600.00 SP 1 7 314, SP Granular "B" Type I 3000 t 10.00 30,000.00 8 310, SP Hot Mix HL-4 300 t 115.08 34,524.00 I 2 9 310, SP Hot Mix Miscellaneous 400 m 20,000.00 I 10 510, SP Removal of existin g maintenance holes and catch basins I a) Maintenance holes 1 Ea. 250.00 250.00 I b) IPCB 4 Ea. 250.00 1,000.00 I 11 510, SP Removal of concrete curb and gutter 10 m 10.00 100.00 (Provisional) I 12 353, SP Concrete curb and gutter systems 655 m 45.00 29,475.00 (all types) 13 510, SP Removal of concrete sidewalk and 175 m 5.00 875.00 drives I 1 I T -3 Item Spec. # Description Qty./Unit Price Amount I 14 351, SP Place concrete sidewalk and drives I a) Sidewalks (125 mm) 400 m 65.50 26,200.00 b) Sidewalks (150 mm) 80 m 73.00 5,840.00 I c) Driveway Slab (150 mm) 155 m 73.00 11,315.00 I 15 802, SP Topsoil (imported) 2400 m 6.00 14,400.00 I 16 803, SP Sodding (nursery, unstaked) 2400 m 5.75 13,800.00 I 17 SP Rigid board insulation a) 50 mm thick (above sanitary) 115 m 15.00 1,725.00 I b) 75 mm thick (above water) 115 m 20.00 2,300.00 I Sub -Total Roadwork -- 236,309.00 STORM SEWERS I 18 401, 409, Supply, excavate for and place storm P 410, 492 pipe sewers including bedding, 1 517, 518 granular backfill SP I a) 200 mm HDPE CSA B182.6 28 m 95.38 2,670.64 or equivalent I b) 300 mm HDPE CSA B182.6 43 m 115.67 4,973.81 or equivalent I c) 300 mm BOSS 2000 (perforated) 296 m 135.60 40,137.60 or equivalent including clear stone I embedment wrapped in non -woven filter cloth I 19 402, 407, Supply, excavate for, place and 517, 518, backfill catch basins and/or twin inlet SP catch basins, including frames and grates a) 600 mm x (OPSD 705.010) Ea. 1 567.8 10,974.60 600 mm (OPS 705.0 0) 7 E 0 10,974 0 6 I b) 600 mm x 1450 mm (OPSD 705.020) 1 Ea. 2,267.18 2,267.18 I I T -4 Item Spec. # Description QtyJUnit Price Amount I 20 402, 407, Supply, excavate for, place and 517, 518, backfill precast maintenance holes SP and maintenance hole catch basins including frames and grates a) 1200 mm manhole (701.010) 3 Ea. 2,666.30 7,998.90 21 405, SP Supply and place 150 mm filter wrapped 330 m 20.00 6,600.00 perforated subdrain including excavation 22 410, SP Supply, excavate for, place and P backfill inline drain catch basins a) 200 mm dia. 4 Ea. 476.93 1,907.72 23 510, SP Removal of culverts including headwalls 300 m 10.00 3,000.00 and end protection 24 401, 410, Installation of storm services 492, 517, 518, SP a) 150 mm dia. PVC SDR -28 200 m 99.98 19,996.00 I 25 401, 410, Storm sewer service cleanout 20 m 238.25 4,765.00 SP I 26 407, SP Supply maintenance hole frame and grates 1 Ea. 391.60 391.60 Sub -Total Storm Sewers -- 105,683.05 SANITARY SEWERS I 27 402, 407, Supply, excavate for, place and 1 Ea. 3,016.78 3,016.78 517, 518, backfill 1200 mm precast maintenance SP holes (OPSD 701.010) including benching, frame and cover and all connections to existing sewers and services 28 401, 410, Re -lay existing sanitary service pipe 492, 517, including bedding, granular backfill 518, SP (Provisional) a) 125 mm dia. 40 m 78.60 3,144.00 I I T -5 Item Spec. # Description Qty./Unit Price Amount I 29 408, SP Rebuild existing maintenance holes 5 Ea. 1,579.67 7,898.35 I Sub -Total Sanitary Sewers -- 14,059.13 PROVISIONAL ITEMS I 30 314, SP Supply and place imported granular 100 m 10.00 1,000.00 I bedding where conditions warrant and as directed I 31 410, 504, Reconnect existing drains and 50 m 25.00 1,250.00 SP services (up to 250 mm dia.) I 32 SP Adjust water valve boxes 3 Ea. 150.00 450.00 33 510, SP Removal of bituminous pavement 50 m 5.00 250.00 I (outside excavation) 34 SP Pressure grout existing culverts 2 m 100.00 200.00 I Sub -Total Provisional Items -- I 3,150.00 MISCELLANEOUS ITEMS I 35 706, SP Traffic control 1 L.S. 2,500.00 36 SP Cost of 100% Performance and 100% 1 L.S. 10,000.00 I Labour and Material Payment Bonds and cost of insurance 1 37 SP Contingencies 1 L.S. 10,000.00 1 38 SP Lump sum to coverall other 1 L.S. 5,000.00 requirements of the contract not specifically covered by or related to the I preceding items Sub -Total Miscellaneous Items -- 27,500.00 I Sub -Total 386,701.18 I 13% HST 50,271.15 I TOTAL TENDER 436,972.33 I T -A STANDARD TENDER REQUIREMENTS I/We agree to complete the work within the time specified ecified in the Information to Bidders. �' P P I/We also agree that this Tender is subject to a formal contract being prepared and executed. In submitting this Tender for the work, the Tenderer further declares: (a) That no person, firm or corporation other than the one whose signature or seal is attached below, has any interest in this tender or in the contract proposed to be taken; (b) That this tender is made without any connection, knowledge, comparison of figures or arrangement with any other company, firm or person making a tender for the same work and is in all respects fair and without collusion or fraud; (c) That no member of the Municipal Council or any officer of the Owner will become interested directly or indirectly as a contracting party without disclosing his interest and otherwise complying with "the Municipal Conflict of Interest Act, RSO 1990 "; (d) That the offer shown in the Schedule of Items and Prices is to continue open to ' acceptance until the formal contract is executed by the successful Tenderer for the said work or until thirty (30) days after the tender closing date, whichever event occurs first and that the Owner may at any time within that period without notice, accept this tender whether any other tender had been previously accepted or not; (e) That if we, the undersigned, withdraw this tender before the Owner shall have considered the tenders and awarded the contract at any time within thirty (30) days after the tender closing date, the amount of the deposit accompanying this tender shall be forfeited to the Owner; (I) That the awarding by the Owner of the contract based on this tender shall be an acceptance of the tender; 1 (g) The Tenderer solemnly declares that the several matters stated in the foregoing tender are in all respects true; T -A Date Specified.doc I T -B (h) That if this tender is accepted, we the undersigned agree to furnish an approved surety bond for the proper fulfilment of the contract and to execute the Agreement in triplicate within ten (10) days after being notified so to do. In the event of default or failure on our part to do so, we the undersigned agree that the Owner shall be at liberty to retain the money deposited by us to the use of the Owner, and to accept the next lowest or any tender or to advertise for new tenders or to carry out the works in any other way deemed best and we also agree to pay to the said Owner the difference between this tender and any greater sum which the Owner may expend or incur by reason of such default or failure, or by reason of such acting, as aforesaid, on their part including the cost of any advertising for new tenders and to indemnify and save harmless the said Owner and its officers from all loss, damage, cost, charges and expenses which they may suffer or be t put to by reason of any such default or failure on our part. The "Agreement to Bond" of the Guarantee Company of North America Company, a company lawfully doing business in the Province of Ontario, to furnish a Performance Bond and a separate Labour and Material Payment Bond, each in an amount equal to 100% of the contract price, is enclosed herewith. A certified cheque for the sum of Twenty Two Thousand, Five Hundred Dollars ($22,500.00) is attached hereto. DATED AT Amberley this 22 day of June , 20 15 . 1 (Signed) (Signed) 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 14227 -T -B 2 Bonds.docx I STATEMENT RE: SUB - CONTRACTORS ' The following is a list of Sub - Contractors or Sub - Trades intended to be used in the execution of the contract showing the approximate portion of the work to be allotted to each. ' ITEM SUB - CONTRACTORS Name and Address Percent of Contract 1. 8, 9 Lavis Contracting ' RR 2, Clinton, ON 2. ' 12, 14 N. Piccoli Construction Ltd. 1933 Gore Road, Unit 2 London, ON ' 3. 16 Huron Landscaping ' Lucknow, ON ' 4. 5. ' 6. 7. 8. 9. ' 10. ' 11. ' Y:\Project Mgmt_Resources\Forms _Templates \Contracts \Contract Documents \Sub- Contractors.docx 1 AGREEMENT TO BOND (PERFORMANCE BOND AND LABOUR AND MATERIALS PAYMENT BOND) ** Date: , 20 PROJECT NO. CONTRACT NO. TO: r Dear Sirs: t RE: In consideration of (hereinafter referred to as "the Owner ") accepting the tender of and executing an Agreement with: (hereinafter referred to as "the Tenderer ") for the construction of subject to the express conditions that the Owner receive the Performance Bond and the Labour and Material Payment Bond in accordance with the said tender, we the undersigned hereby agree with the Owner to become bound to the Owner as surety for the Tenderer in a Performance Bond and a Labour and Material Payment Bond each in an amount equal to 100% of the contract price, in the forms of Performance Bond and Labour and Material Payment Bond provided and in accordance with the said tender, and we agree to furnish the Owner with said Bonds within seven (7) days after notification of the ' acceptance of the said tender and execution of the said Agreement by the Owner has been mailed to us. Yours very truly, (Seal) NOTE: This Agreement to Bond must be executed on behalf of the Surety Company by its authorized ' officers under the company's corporate seal. Of the two forms bound herein, one shall become a part of the tender and the other shall be retained by the Surety Company. * * Enter the name and address of the Surety Company at the top of the page. Y:\Project_Mgmt Resources\Forms _Templates\ Contracts \Contract Documents\AgToBond -2 bonds.doc- 2bonds.doc PERFORMANCE BOND I Bond No. Project No. Amount $ Contract No. KNOW ALL MEN BY THESE PRESENTS, that we hereinafter called "the Principal" and hereinafter called "the Surety ", are jointly and severally held and firmly bound unto I hereinafter called "the Obligee" its successors and assigns, in the sum of Dollars ($ ) of lawful money of Canada, to be paid unto the Obligee, for which payment well and truly to be made we the Principal and Surety jointly and severally bind ourselves, our and each of our respective heirs, executors, administrators, successors and assigns by these presents. SIGNED AND SEALED with our respective seals and dated this day of 20 WHEREAS by an agreement in writing dated the day of , 20 , the Principal has entered into a contract with the Obligee, hereinafter called "the Contract ", for the construction, alteration, repair or maintenance of a public work, namely as in the Contract provided, which Contract is by reference herein made a part hereof as fully to all intents and purposes as though recited in full herein. NOW THEREFORE THE CONDITION OF THIS OBLIGATION IS SUCH that if the Principal shall at all times duly perform and observe the Contract including all the terms and conditions ' thereof, to the satisfaction of the Obligee and shall at all times fully indemnify and keep indemnified the Obligee from and against all and any manner of loss, damage, expense, suits, actions, claims, liens, proceedings, demands, awards, payments and liabilities arising out of or in any manner based upon or attributable to the Contract and shall fully reimburse and repay the Obligee for all outlay, expense, liabilities, or payments incurred or undertaken to be made by the Obligee pursuant to the Contract, then this obligation shall be void, but otherwise it shall be and remain in full force and effect. 1 Performance Bond Page 2 Provided further and it is hereby agreed and declared that there shall be no liability under this instrument of the Principal and Surety for payment of any claims for labour, material or services used or reasonably required for use in the performance of the Contract to the extent the amount of such 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. I I SIGNED AND SEALED BY THE PRINCIPAL ) I ) Per: In the presence of: ) ) Per: ) Principal Witness ) Occupation ) Address ) Surety Y:\ Project _Mgmt_Resources\Forms_Templates \Contracts \Contract Documents\Performance Bond.doc 1 LABOUR AND MATERIAL PAYMENT BOND Bond No. Project No. Amount $ Contract No. KNOW ALL MEN BY THESE PRESENTS, that we hereinafter called "the Principal ", I and hereinafter called "the Surety ", are jointly and severally held and firmly bound unto as Trustee, hereinafter called the "Obligee ", for the use and benefit of the Claimants, their and each of the their heirs, executors, administrators, successors and assigns, in the amount of Dollars ($ ) of lawful money of Canada, for the payment of which sum well and truly to be made we the Principal and Surety jointly and severally bind ourselves, our and each of our respective heirs, executors, administrators, successors and assigns by these presents. 1 WHEREAS by an agreement in writing dated the day of 20 the Principal entered into a contract with the Obligee, hereinafter called "the Contract ", for I 1 which Contract is by reference herein made a part hereof as fully to all intents and purposes as though recited in full herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if the Principal shall make payment to all Claimants for all labour and material used or reasonably required for use in the performance of the Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect, subject, however, to the following conditions: I I 1 Labour and Material Payment Bond Page 2 1. A Claimant for the purpose of this Bond is defined as one having a direct contract with the Principal for labour, material, or both, used or reasonably required for use in the performance of the Contract, labour and material being construed to include that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment, directly applicable to the Contract provided that a person, firm or corporation who rents equipment to the Principal to be used in the performance of the Contract under a contract which t provides that all or any part of the rent is to be applied towards the purchase price thereof shall only be a Claimant to the extent of the prevailing industrial rental value of such equipment for the period during which the equipment was used in the performance of the Contract. 2. The Principal and the Surety hereby jointly and severally agree with the Obligee, as Trustee, that every Claimant who has not been paid as provided for under the terms of his contract with the Principal, before the expiration of a period of ninety (90) days after the date on which the last of such Claimant's work or labour was done or performed or materials were furnished by such Claimant, may as a beneficiary of the trust herein provided for, sue on this Bond, prosecute the suit to fmal judgment for such sum or sums as may be justly due to such Claimant under the terms of his contract with the Principal and have execution thereon. Provided that the Obligee is not obliged to do or take any act, action or proceeding against the Surety on behalf of the Claimants, or any of them, to ' enforce the provisions of this Bond. If any act, action or proceeding is taken either in the name of the Obligee or by joining the Obligee as a party to such proceeding, then such act, action or proceeding, shall be taken on the understanding and basis that the Claimants, or any of them, who take such act, action or proceeding shall indemnify and save harmless the Obligee against all costs, charges and expenses or liabilities incurred thereon and any loss or damage resulting to the Obligee by reason thereof. Provided still further that, subject to t the foregoing terms and conditions, the Claimants or any of them, may use the name of the Obligee to sue on and enforce the provisions of this Bond. 3. No suit or action shall be commenced hereunder by any Claimant: (a) Unless such Claimant shall have given written notice within the time limits hereinafter set forth to each of the Principal, the Surety and the Obligee, stating with substantial accuracy the amount claimed. Such notice shall be served by mailing the same by registered mail, or served in any manner in which legal process may be served in the Province of Ontario, to the Principal, the Surety, and the Obligee, at any place where an office is regularly maintained for the transaction of business by such persons. Such notice shall be given: 1 I 1 I Labour and Material Payment Bond Page 3 1) in respect of any claim for the amount or any portion thereof required to be held back from the Claimant by the Principal under either the terms of the Claimant's contract with the Principal or under the Construction Lien Act, Chapter 6, S.O. 1983 applicable to the Claimant's contract with the Principal, whichever is the greater within one hundred and twenty (120) days after such Claimant should have been paid in full under the Claimants contract with the Principal. 2) in respect of any claim other than y the an for the holdback, or portion thereof, referred to above, within one hundred and twenty (120) days after the date upon which such Claimant did, or performed, the last of the work or labour or furnished the last of the materials for which such claim is made, under the Claimant's contract with the Principal. (b) After the expiration of one (1) year following the date on which the Principal ceased work on the Contract, including work performed under the guarantees provided in the Contract. (c) Other than in a Court jurisdiction in the Province of Ontario, and the parties hereto agree to submit to the jurisdiction of such Court. 4. The amount of this Bond shall be reduced by, and to the extent of any payment or payments made in good faith, and in accordance with the provisions hereof, inclusive of the payment by the Surety of claims under the Construction Lien Act, whether or not such claims be presented under and against this Bond. PROVIDED ALWAYS and it is hereby agreed and declared that the Obligee and the Principal i 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 I grant any extension of time thereon or on any liability of the Principal to the Obligee. PROVIDED FURTHER and it is hereby agreed and declared that the Principal and the Surety shall not be discharged or released from liability hereunder and that such liability shall not be in any way affected by any such changes, alterations, or variations, taking or receiving of security, or extension of time, as aforesaid, or by the exercise by the Obligee of any of the rights or powers reserved to it under the Contract or by its forebearance to exercise any such rights or powers, including (but without restricting the generality of the foregoing) any changes in the extent or nature of the works to be constructed, altered, repaired or maintained under the Contract, or by I any dealing, transaction, forebearance or forgiveness which may take place between the Principal and the Obligee. I I I t Labour and Material Payment Bond Page 4 PROVIDED FURTHER and it is hereby agreed and declared that the Surety shall not be liable for a greater sum than that specified in this Bond. IN WITNESS WHEREOF the Principal and the Surety have AFFIXED THEIR SIGNATURES P ty AND CORPORATE SEALS this day of , 20 I SIGNED AND SEALED BY THE PRINCIPAL ) ) In the presence of: ) ) ) Principal Witness ) ) Occupation ) ) Address ) Surety l t 1 1 I 1 1 t Y:\Project_Mgmt_Resources\Forms _Templates\ Contracts \Contract Documents\L &M Bond.doc i t 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, MacGregor Beach Road and Sandy Crescent Reconstruction, Contract No. 14227. A. SPECIAL PROVISIONS - Pages SP - to SP - 26 B. PLANS - Drawing Nos. 1 to 4 C. INFORMATION TO BIDDERS - Pages IB - to IB - l D. STANDARD SPECIFICATIONS Ontario Provincial Standard Specification Numbers shall apply to this contract mutatis mutandis. Only the most recent specifications shall apply to this contract. OPSS — Municipal and Provincial Common 180- Nov /11 310 - Nov /12 401 - Nov /13 409 - Nov /13 506 - Nov /13 706 - Nov /10 314- Nov /13 402 - Nov /13 410- Nov /13 517 - Nov /10 201 - Nov /11 351- Nov /10 405- Nov /08 463 - Nov /09 518 - Nov /11 802 - Nov /10 353- Nov /10 407 - Nov /14 492 - Nov /10 803 - Nov /10 408 - Nov /14 OPSS.MUNI - Municipal Oriented 206 - Nov /13 355 Nov /14 I 501 - Nov /14 510 Nov /14 E. STANDARD DRAWINGS Ontario Provincial Standard Drawing Numbers shall apply to this contract mutatis mutandis. Only the most recent drawings shall apply to this contract. OPSD Municipal and Provincial Common 310.010 400.110 701.010 705.010 802.010 1006.020 310.020 401.010 701.021 705.020 802.030 310.030 701.030 802.031 310.050 600.040 701.031 802.032 351.010 704.010 BMROSS - Standard Drawings I 700 702 1002M F. FORM OF TENDER G. SUPPLEMENTAL GENERAL CONDITIONS H. GENERAL CONDITIONS - OPSS.MUNI 100 Rev. Date: 11/2006 1 I. AGREEMENT J. PERFORMANCE BOND K. LABOUR AND MATERIAL PAYMENT BOND L. CONTRACT RELEASE M. STATUTORY DECLARATION RE PAYMENT OF ACCOUNTS N. STATUTORY DECLARATION RE LIENS AND LIABILITIES 1 0. APPENDIX I 1 1 1 1 1 i � SPECIAL PROVISIONS I INDEX TO SPECIAL PROVISIONS I General Management of Excess Materials- Contractor SP -1 I Restoration SP -1 Co- ordination of Work by Others SP -2 I Public Notices SP -2 Item No. 1 Clearing (Trees All Sizes) SP -3 Item No. 2 Grubbing (Stumps All Sizes) SP -3 Item No. 3 Earth Excavation SP -3 Item Nos. 6 & 7 Granular "A" and Granular `B" Type I SP -4 I Item Nos. 8 & 9 Hot Mix HL -4 and Hot Mix Miscellaneous SP -4 Item No. 10 Removal of Existing Maintenance Holes and Catch Basins SP -8 I Item No. 11 Removal of Concrete Curb or Curb and Gutter SP -8 Item No. 12 Concrete Curb and Gutter Systems (All Types) SP -8 Item No. 13 Removal of Concrete Sidewalk and Drives SP -9 Item No. 14 Place Concrete Sidewalk and Drives SP -9 Item No. 15 Topsoil (Imported) SP -10 I Item No. 16 Sodding (Nursery, Unstaked) SP -10 Item No. 17 Rigid Board Insulation SP -11 I Item No. 18 Supply, Excavate for, Place and Backfill Storm Pipe Sewers SP -11 Item No. 19 Supply, Excavate for, Place and Backfill 600 mm x 600 mm SP -14 Catch Basins (705.010), 600 mm x 1450 mm Twin Inlet Catch Basins (705.020), including Frame and Grates Item No. 20 Supply, Excavate for, Place and Backfill 1200 mm, Precast SP -15 I Maintenance Holes and Maintenance Hole -Catch Basins, OPSD 701.010, including Frames and Grates Item No. 21 Supply and Place 150 mm Filter Wrapped Perforated SP -16 I Subdrain including Excavation Item No. 22 Supply, Excavate for, Place and Backfill Inline Drain Catch Basins SP -17 I Item No. 23 Remove Culverts Including Headwalls and End Protection SP -17 Item No. 24 Installation of Storm Services SP -17 Item No. 25 Storm Sewer Service Cleanout SP -19 Item No. 26 Supply Maintenance Hole Frames and Grates SP -19 Item No. 27 Supply, Excavate for, Place and Backfill 1200 mm, Precast SP -20 I Maintenance Holes OPSD 701.010 Item No. 28 Relay Existing Sanitary Services (Provisional) SP -21 I Item No. 29 Rebuild Existing Maintenance Holes SP -22 I I Item No. 30 Supply and Place Imported Granular Bedding SP -23 Item No. 31 Reconnect Existing Drains and Services (up to 250 mm dia.) SP -24 Item No. 32 Adjust Water Valve Boxes SP -24 Item No. 33 Removal of Bituminous Pavement (Outside Excavation) SP -25 ' Item No. 34 Pressure Grout Existing Culverts SP -25 Item No. 35 Traffic Control SP -25 Item No. 36 Bonding and Insurance SP -26 Item No. 37 Contingencies SP -26 Item No. 38 Lump Sum for Other Requirements SP -26 I I I I 1 I SP - 1 , GENERAL 1 MANAGEMENT OF EXCESS MATERIALS- CONTRACTOR All excavated material shall become the property of the Contractor, and the Contractor's unit price bid for the item shall include the cost of loading, hauling, dumping. The Contractor's management of excess materials shall be in accordance with OPSS 180 — General Specification for the Management of Excess Materials with the appropriate OPSF 180 forms being completed and submitted to the Contract Administrator. 1. Earth material shall be disposed of by the Contractor, outside the contract limits. 2. Asphalt shall be disposed of by the Contractor, at an approved site outside the contract limits. 3. Concrete shall be disposed of by the Contractor outside the contract limits. 4. Asbestos Cement Pipe shall be disposed of daily by the Contractor outside the contract limits. RESTORATION When noted in the Form of Tender or identified in the Special Provision, the unit price bid for I the appropriate item(s) shall include complete restoration. All restoration shall be as noted below in the General Restoration Requirements. Restoration Beyond the Limits of General Grading Operations Y g P When noted in the Form of Tender or identified in the Special Provisions, the unit price bid for I the appropriate item(s) shall include restoration beyond the general grading operations. Contract items are provided for the restoration of work within the general grading operations. Restoration of areas beyond the general grading operations shall be included in the unit price of the item. Areas beyond the general grading operations include, but are not limited to, stockpile locations, areas disturbed by equipment or material storage sites or service connections. All restoration shall be as noted below in the General Restoration Requirements. General Restoration Requirements All restoration shall be in accordance with OPSS 492 and the following: (a) Lawn Areas -- 100 mm of approved topsoil levelled and graded to conform to the existing ground, followed by nursery sod approved by the Contract Administrator. (b) Non -lawn, Non - roadway areas -- 100 mm of approved topsoil levelled and graded to conform to the existing ground, followed by an approved seed and mulch application. (c) Where existing roadway /driveway is paved -- 300 mm minimum of imported Granular `B" Type I, 150 mm of imported Granular "A ", and 50 mm of HL -3 in driveways, or 2 -40 mm lifts of HL -4 minimum in roadways or to match the depth of existing asphalt. Where 2 or more lifts of asphalt are required against existing pavement, a stepped joint shall be prepared by removing 0.5 m wide by the depth of the existing surface course prior to paving. I ' SP -2 (d) Where existing roadway /driveway is gravel -- 300 mm of imported Granular `B" Type I; and 150 mm of imported Granular "A ". (e) Where existing driveway is concrete -- 300 mm minimum of imported Granular `B" Type I ' and 150 mm of imported Granular "A "; for residential drives -- 150 mm of 30 MPa concrete with crushed limestone; and for commercial drives -- 200 mm of 30 MPa concrete with crushed limestone. ' (f) Where existing driveway is brick or unit pavers — 300 mm minimum of imported Granular "B" Type I and 150 mm of imported Granular "A" and 25 mm to 38 mm of limestone 1 screening and match existing patterns. (g) All disturbed or damaged concrete structures, such as sidewalks, curbs and gutter, etc., shall be removed and replaced including 125 mm of Granular "A ". ' (h) Prior to the expiration of the maintenance holdback, the contractor shall repair all settlements. Settlements of lawns, non -lawns or non - roadway areas shall be restored by applying sufficient topsoil to the settled area followed by an application of approved seed and mulch. Asphalt settlements shall be restored by milling the deficient area followed by the placement Hot Mix Asphalt (HMA). All repairs shall be in accordance with OPSS 802, OPSS 804, and OPSS 310. ' (i) Salvaged granular material shall not be used above sub -grade or re -used as Granular `B" Type I unless a granular analysis is performed at the Contractor's expense. NOTE • In (a) and (b) above, it will be the Contractor's responsibility to ensure a catch of grass at the termination of the contract. • The Contract Administrator /Owner may request the delay of the sod placement during hot and dry weather conditions. No additional payment or penalty will result from the delay. • All asphalt surfaces shall be saw -cut prior to resurfacing. • All concrete structures shall be saw -cut prior to replacement. CO ORDINATION OF WORK BY OTHERS 1 The Contractor will co- ordinate his work with local utility companies for the installation of new underground ducts. When it is impossible to avoid working in the area at the same time, a barrier will have to be maintained to have separation in time or space between the Contractor and the utility company. Where necessary, the Contractor shall move the operation to another part of the contract and give the utility sufficient time to complete any work deemed necessary at that time during the contract. PUBLIC NOTICES The Contractor shall notify all impacted property owners /tenants of impending disruptions to services and or access. The Notice shall be delivered 24 hours prior to the disruption and shall include a short description of the disruption, the probable timing and duration of the disruption, ' alternative actions that the owner /tenant should take while the work is being done ie) parking off site, and a contact person who could address any further questions. 1 Open House Upon award of the contract, and prior to construction, an Open House will be hosted by the Municipality at the municipal office located at 1475 Concession 5. Representation from the General Contractor as well as the concrete sidewalk Sub - Contractor is mandatory. SP -3 ' ITEM NO.1 r CLEARING (TREES ALL SIZES) For the unit price bid, the Contractor shall cut down and remove each tree, including all wood, , branches, or debris. The wood shall be disposed of by the Contractor at his own expense or at a place approved by the Contract Administrator at the time of construction. The Contractor shall be responsible for damage to all utilities, adjacent property, persons, etc. and shall make restitution for such damage to the satisfaction of the Contract Administrator. This item shall apply to all trees shown for removal on the plans or designated at the time of construction. OPSS 201 will not apply to the size of the trees. ITEM NO.2 1 GRUBBING (STUMPS ALL SIZES) For the unit price bid, the Contractor shall completely remove all stumps and roots identified on the plans or identified by the Contract Administrator at the time of construction. The Contractor shall dispose of all stumps and debris at a site arranged by him at his own expense and approved by the Contract Administrator. The Contractor shall be responsible for damage to all utilities, sidewalks, adjacent property, persons, etc. and shall make restitution for such damage to the satisfaction of the Contract Administrator. OPSS 201 will not apply to the size of stumps. I ITEM NO. 3 EARTH EXCAVATION For the unit price bid, the Contractor shall excavate to the required line and grade, or to new limits as established by the Contract Administrator at the time of construction. All excavated material shall be disposed of as outlined under the General SP - Management of Excess Materials. I The unit price bid shall also include all excavation and grading required for sidewalks and all excavation required at side streets and entrances. The unit price bid shall include the removal I and disposal of designated asphalt, including curbs and any other minor structures encountered during the course of construction if not included as a separate item in the contract. The Contractor may be required to use approved excavated material as fill behind the proposed Y q PP p p curbs at sites as established by the Contract Administrator. Excavated material which is used as fill shall be compacted to 95% MDD. All costs associated with this work shall be included in the unit price bid for earth excavation. The Contractor may be required to salvage existing granular material to be used as I granular backfill to the roadbed and placed as established by the Contract Administrator. Payment for this work will be paid as earth excavation per cubic metre based on the theoretical I calculated end areas for the roadbed excavation and theoretical volume for entrance excavation. 1 ' SP -4 The Contractor shall give the local utility sufficient time after the road excavation is completed to do any work necessary regarding utilities before any granular backfill is placed. The Contractor shall restore each block for traffic before beginning excavation in any other block. Access to commercial establishments will be maintained at all times by a method satisfactory to the Contract Administrator. ITEM NOS. 6 & 7 GRANULAR "A" AND GRANULAR "B" TYPE I ' For the unit price bid, the Contractor shall supply to the site, place, fine grade and compact Granular "A" and Granular `B" materials required in the roadway for roadbed, subdrains, shouldering, driveways, under the sidewalk and curb and gutter, which are applicable to this ' contract. All other Granular "A" or Granular `B" Type I materials required shall be included in the unit prices bid for those items where material is required. Granular material shall be compacted to a minimum dry density of 100 %. ITEM NOS. 8 & 9 HOT MIX HL -4 AND HOT MIX MISCELLANEOUS General For the unit price bid, the Contractor shall supply all labour, equipment and materials, for the execution of paving work in accordance with OPSS 310 for Marshall mixes of Hot Mix Asphalt (HMA). The Contractor's unit price bid for this item shall also include all ramping, transverse joints, and/or removal of all transverse joints and all deramping at structures, sidewalk drops and driveway entrances, as identified by the Contract Administrator at the time of construction. 1 If applicable, tack coating will be included and paid as a separate item in the contract. All asphalt plant operations shall comply with municipal regulations and ordinances governing the area in which the plant is located. The Contractor will be required to submit a mix design for approval prior to commencing the paving operations. 1 310.05 Materials Performance graded asphalt cement shall be PG 58 -28. The Performance Graded Asphalt Cement (PGAC) will conform to OPSS 1101 for the specified grade. 310.06 Equipment OPSS 310 is amended in that no surface trial coat area shall be required under this contract. SP -5 , Prior to paving, the Contractor shall submit a list of equipment that will be used. The list shall I identify the make & model of the paving equipment and rollers. For the rollers, the Contractor shall also identify the Class of Roller and identify the Minimum Roller Combinations to be used on the contract as per Table 5 of OPSS 310. 310.07 Construction The Contractor is responsible for all Quality Control (QC) testing. The QC documentation shall be made available to the Contract Administrator upon request. A through lane paving course shall be completed prior to placement of adjacent side roads, speed change lanes and other paved areas. 310.07.05 Sampling OPSS 310.07.05.01 Asphalt Cement - Asphalt cement sampling and testing is not a requirement of the contract. OPSS 310.07.05.02 Hot Mix Asphalt - When the Hot Mix Price Adjustment is part of the , contract, Hot Mix asphalt sampling and testing is a requirement of the contract and all costs to be paid by the Contractor. Sample sizes and frequency of samples shall be as per Table 6 of OPSS 310. 310.07.08- Widenings and Irregular Sections - A 450 mm stepped joints are required when placing HMA adjacent to existing paved areas with an existing asphalt depth of 80 mm or more. 310.07.09 - Hot Mix Asphalt Padding - Padding shall be placed prior to placing the surface course of asphalt. The tonnage required for HMA padding will be included with the appropriate HMA item. 310.07.11.03- Transverse Joints - The third paragraph has been amended as follows: a) When a binder course is placed flush against an existing HMA pavement and a butt joint is to be made, the existing pavement shall be trimmed back to form a straight vertical surface. When the surface course is to be placed at a later date, temporary ramping shall be provided as per BMROSS Standard Drawing 208 — Asphalt Joint Detail for Transverse I Joints. 310.07.13 Tolerances ' The paving tolerance of OPSS 310.07.13 shall be reviewed upon completion. Should the deviations exceed 6mm on the binder course or 3mm on the surface course, as measured in any direction with a 3m straight edge, the Contractor shall correct these deviations to the satisfaction of the Road Authority. Paving tolerances are not applicable to irregular sections of paving, or within 3 m of a butt joint with an existing HMA pavement. 310.08 Quality Assurance Quality Control laboratory testing shall be used for acceptance in place of Quality Assurance laboratory test results. All other Quality Assurance testing shall be performed by the Contract Administrator. I 1 SP -6 1 310.09 Measurement for Payment Measurement for payment of hot mix asphalt shall be by mass in tonnes unless specified ' otherwise. Tack coat shall be included in the unit price bid unless tack coat is listed as a separate item. Hot Mix Miscellaneous — Driveways and Paved Boulevards The Contractor shall also take note that Hot Mix Miscellaneous paving is to be performed at designated drives, boulevards and areas behind the curb or to the limits established by the Contract Administrator at the time of construction. This hand laid asphalt will only apply to areas that, in the opinion of the Contract Administrator, do not permit the operation of a paving machine. The supply of the HL -3 for these areas shall be included under the item for Hot Mix Miscellaneous. Hot Mix Price Adjustment shall not be calculated for Hot Mix Miscellaneous. ' Rural entrances shall be graded as per OPSD 301.010 or OPSD 301.020. Hot Mix Miscellaneous shall be measured in square metres. In areas where Hot Mix Miscellaneous is designated on the plans and more than one 50 mm lift of Hot Mix is required, measurement for payment will be made for two single courses of Hot Mix where required. Hot Mix Price Adjustment for HL -4 Payment to the contractor for hot mix HL -3 and HL -4 to be based on changes to the Ministry of Transportation's performance graded asphalt cement price index as presented herein. The price index will be published monthly in the MTO Contract Bulletin and displayed on the OHMPA (www.ohmpa.org) and the MTO website (www.rags.mto.gov.on.ca). The price index will be used to calculate the amount of the payment adjustment per tonne of asphalt cement accepted into the Work. 1 The price index will be based on the price, excluding taxes, FOB the depots in the Toronto area, of asphalt cement grade PG 58 -28 or equivalent. One index will be used to establish and calculate the payment adjustment for all grades. The price index for each month will reflect the average of the same month's prices and be published on the last day of the month and be retroactively applied to BMA laid in the same month. ' A payment adjustment per tonne of asphalt cement will be established for each month in which paving occurs when the price index for the month differs by more than $15.00 /tonne from the AC price index established by the Contract Administrator. When the price index differential is less than $15.00 /tonne, there will be no payment adjustment for that month. Payment adjustments due to changes in the price index are independent of any other payment adjustments made to hot mix tender items. The payment adjustment per tonne will apply to the quantity of asphalt cement in the hot mix 1 accepted into the Work during the month for which it is established. The payment adjustment for the month will be calculated by the following means: 1 1 SP - 7 1 1. When AC Prices are Rising by more than $15.00 /tonne, the payment adjustment to be ' paid to the Contractor is the result of subtracting the price index established by the Contract Administrator from the price index in effect when paving takes place, minus the $15.00 float, multiplied by the number of tonnes of PGAC incorporated in the mix(s) as determined by the average of field test results. 2. When AC Prices are Falling by more than $15.00 /tonne, the payment adjustment made , in favour of the Owner is the result of subtracting the price index in effect when paving takes place, plus the $15.00 float from the price index established by the Contract Administrator, multiplied by the number of tonnes of PGAC incorporated in the mix(s) ' as determined by the average of field test results. 3. When Paving Occurs After the Date of Completion: The price index for the month of completion shall be used when determining the payment adjustment should the paving be performed after the specified completion date. The calculations used in determining the payment, regardless of rising AC prices or falling AC prices, shall be as indicated above. 4. The tender price and Hot Mix Price Adjustment will be based on $850 /tonne liquid asphalt. For mixes which contain reclaimed asphalt pavement, the quantity of new asphalt cement will be determined from the difference between the asphalt cement content required by the job mix formula and the asphalt cement content of the reclaimed asphalt pavement incorporated into the , hot mix, as calculated by the Contract Administrator. The quantity of new asphalt cement includes all grades of asphalt cement supplied by the Contractor with and without polymer modifiers. For each month in which a payment adjustment has been established, the quantity of the escalation/de- escalation will be calculated using the hot mix quantity accepted into the Work and its corresponding asphalt cement content as determined 1 by the average of field test results. For mixes which contain reclaimed asphalt pavement, the increase due the Contractor or the rebate due the owner will be calculated as if virgin hot mix asphalt has been supplied. This fairly reflects the increasing value of the Contractor's RAP pile when AC prices are increasing and the opposite when they are declining. , Example 1 AC Prices Increasing • PGCA 58 -28 specified, 1,100 tonnes of HL4 @ 5.2% AC (57.2 tonnes AC) • The Price Index on tender opening is $900 /tonne • The applicable Price Index as published on August 31 effective for the August 17 -24 2009 actual paving dates is $950.00 /tonne (PG 58 -28) • Payment adjustment to be paid to the Contractor: ($950 - $15.00) - $900.00 x 57.2 tonnes AC = $35.00 x 57.2 tonnes AC = $2,002.00 Example 2 — AC Prices Decreasing • PGAC 58 -28 specified, 1,100 tonnes of HL4 @ 5.2% AC (57.2 tonnes AC) • The Price Index on tender opening is $900.00 /tonne (PG 58 -28) • The applicable Price Index as published on September 30st effective for the September 1lth -18th, 2009 actual paving dates in $775.00 /tonne (PG 58 -28) • Payment for hot mix items reduced by: • $900.00 — ($775.00 + $15.00) x 57.2 tonnes AC = $110 x 57.2 tonnes AC = $6,292.00 , ' SP -8 ITEM NO. 10 REMOVAL OF EXISTING MAINTENANCE HOLES AND CATCH BASINS 1 For the unit price bid, the Contractor shall supply all labour, equipment and material to excavate, remove and dispose of the maintenance holes and catch basins shown on the drawings or as indicated by the Contract Administrator at the time of construction. The Contractor shall backfill the excavation with Granular `B" Type `I', compact the excavation and dispose of all debris to the satisfaction of the Contract Administrator. All existing frames and grates removed are the property of the owner and shall be delivered to the owner's yard at the Contractor's expense. It will be the Contractor's responsibility to seal off any existing pipes or reconnect to new outlets. ' Management of excess materials shall be as outlined under the General SP- Management of Excess Materials. ' ITEM NO. 11 REMOVAL OF CONCRETE CURB OR CURB AND GUTTER For the unit price bid the Contractor shall supply all labour, equipment, and materials to remove and dispose of existing concrete curb or curb and gutter as indicated on the contract drawings or ' to the limits established by the Contract Administrator at the time of construction. The unit price bid shall include the cost of saw cutting the existing concrete curb to provide a straight joint between the existing and new curb. The unit price bid shall also include the cost of saw cutting the existing asphalt pavement adjacent to the curb and gutter being removed. Management of excess materials shall be as outlined under the General SP- Management of Excess Materials. ' ITEM NO. 12 CONCRETE CURB AND GUTTER SYSTEMS (ALL TYPES) For the unit price bid, the Contractor shall supply all labour, equipment and materials for the complete construction of the specified style of concrete curb & gutter, in accordance with OPSS 353 — Construction Specification for Concrete Curb and Gutter Systems. General 1 Concrete shall conform with CAN /CSA A23.1 and shall be Exposure Class C -2 with the following specifications: • 32 MPa • 0.45 w/c ratio • 5 -8% Air Entrainment 1 The submitted concrete mix design shall indicate the expected slump and if it is permitted to add water to the concrete mix on -site without exceeding the specified w/c ratio. SP -9 ' When placing concrete curb and gutter by the slip form method, contraction joints shall be saw- 1 cut in the hardened concrete within a sufficient time of placing of the curb and gutter to prevent uncontrolled cracking. The spacing of these joints shall be not more than 5.0 metres. When the concrete sidewalk is to be poured against the curb and gutter, contraction joints shall be saw -cut in the hardened concrete within a sufficient time of placing of the curb and gutter to prevent uncontrolled cracking. The spacing of these joints shall be not more than 3.0 metres. When placing concrete curb and gutter systems by the formwork method, the formwork shall be accordance with OPSS 919 - Construction Specification for Formwork and Falsework. The Contractor shall notify the Contract Administrator of the intent to use formwork at the pre- construction meeting. Termination When required, the Contractor shall provide end termination treatments as per OPSD 608.010. ' ITEM NO. 13 , REMOVAL OF CONCRETE SIDEWALK AND DRIVES For the unit price bid, the Contractor shall supply all labour, equipment and material to remove ' and dispose of concrete sidewalks and drives as indicated on the contract drawings or to the limits established by the Contract Administrator at the time of construction. The unit price bid shall include saw cutting existing concrete sidewalk or drives at the limits established by the Contract Administrator. The Contractor shall be responsible for any damage, including damage to existing buildings, during the removal of existing sidewalks and drives, where applicable. Excavated material and concrete shall be disposed of as outlined under the General SP - Management of Excess Materials. ITEM NO. 14 1 PLACE CONCRETE SIDEWALK AND DRIVES For the unit price bid, the Contractor shall supply all labour and materials to place concrete sidewalks and drives where indicated on the drawings or to the limits established by the Contract Administrator at the time of construction in accordance with OPSS 351. 1 General Concrete shall conform with CAN /CSA A23.1 and shall be Exposure Class C -2 with the following specifications: • 32 MPa I • 0.45 w/c ratio • 5 -8% Air Entrainment SP -10 The submitted concrete mix design shall indicate the expected slump and if it is permitted to add water to the concrete mix on -site without exceeding the specified w/c ratio. OPSS 351 is amended to include the following: ' 351.05.01 - Concrete - coarse aggregate shall be crushed limestone 351.05.04 - Granular - the granular material shall be Granular "A ". 351.07.02.02 - Granular Base - the placement depth of Granular "A" shall be 125 mm minimum or to the same depth as the sidewalk or drive. 351.07.10 - Joints, all longitudinal and transverse joints shall be saw cut contraction joints in the hardened concrete within a sufficient time of placing the sidewalk. These joints shall align with the control joints in the curb when sidewalk is placed against the curb and gutter. 351.07.09 - Sidewalks shall be given a broomed texture after finishing with a float. Driveways' surface texture shall match existing. 351.10 - Basis of Payment - Granular "A" shall be paid under the item Granular "A" as specified in OPSS 314. 1 ITEM NO. 15 1 TOPSOIL (IMPORTED) For the unit price bid, the Contractor shall supply all labour and materials to place approved screened topsoil where indicated on the drawings or to the limits established by the Contract Administrator at the time of construction. For the unit price bid, the Contractor shall also fine grade to a uniform surface, the areas to be topsoiled as indicated on the contract drawings or to the limits established by the Contract Administrator at the time of construction. OPSS 802 shall apply for this item except that 802.09.01.02 shall be amended to make payment as noted in the Form of Tender. The topsoil shall be of good quality, subject to the Contract Administrator's approval. The Contractor shall uniformly spread the topsoil to a depth of not less than 100 mm. The cost of fine grading, 1 supplying, placing and raking the topsoil shall be included in the unit price bid. ITEM NO. 16 SODDING (NURSERY, UNSTAKED) For the unit price bid, the Contractor shall supply all labour and materials to place nursery sod where indicated on the drawings or to the limits established by the Contract Administrator at the time of construction. Included in the unit price bid shall be the supply and application of water. ' All sod shall meet the requirements current at the date of contract, of the Ontario Sod Growers q , Association for No. 1 Bluegrass Fescue Sod and shall be cut to a minimum thickness of 19 mm. All sod shall be delivered to the site in good condition and placed in a manner satisfactory to the Contract Administrator. 1 SP -11 1 The sod shall be watered by the Contractor at his expense using approved equipment and in a 1 manner that shall not erode, wash away, or damage the sod or topsoil. The maintenance period for OPSS 803 has been amended. The maintenance period for sod shall 1 be one year from the date of completion. The Contract Administrator may request the delay of sod placement during hot dry weather ' conditions. No additional payment or penalty will result from this delay. ITEM NO.17 RIGID BOARD INSULATION For the unit price bid, the Contractor shall excavate for, backfill, supply and place 50 mm and 75 mm thick rigid board insulation above the sanitary sewer, services and/or watermain at locations shown on the drawing or to the limits as established by the Contract Administrator. All granular material required below the insulation and for backfilling to sub -grade shall be included in the unit price bid for this item. ' Material The rigid board insulation shall be styrofoam SM or approved equivalent. , Installation ' • The rigid board insulation shall be installed 450mm maximum above the utility to be protected. • The rigid board insulation shall be installed over 150mm of level, granular material. • A minimum of 200mm of granular material shall be placed over the insulation before compaction equipment is used. 1 • Rigid boards shall butt tightly together without gaps. Ends shall be staggered if more than one layer is used. • The minimum width of rigid board shall not be less than 1200mm in width. ' ITEM NO. 18 ' SUPPLY, EXCAVATE FOR, PLACE AND BACKFILL STORM PIPE SEWERS For the unit price bid, the Contractor shall supply all labour, equipment and materials for the 1 complete installation and testing of the storm sewers as indicated on the contract drawings. The sizes of the sewers as well as the backfill material are as noted on the Form of Tender and on the contract drawing. Pipe Material ' OPSS 410.05 materials is amended to accept the following pipe material for storm sewers: 1 1 SP -12 Solid Pipe Sewers (a) Concrete Sewer Pipe (Rigid) - 150 mm to 250 mm non - reinforced Class 3 — CSA certified to A257.1 - 300 mm or greater reinforced 65D (minimum) — CSA certified to A257.2 (b) Polyvinyl Chloride (PVC) Pipe (Flexible) 1 - Class SDR 35 or Class V (320 kPa) - Annular ribbed profile for ribbed pipe (c) Polyethylene Sewer Pipe (Flexible) - CSA certified Sewer Class to B 182.6 - 150 mm to 750 mm - smooth inner wall, annular corrugated profile (320 kPa), 15 PSI bell and spigot joints shall have elastomeric gaskets (CSA certified to B 182.6). Perforated Pipe Sewers (a) Polyethylene Sewer Pipe (flexible) — CSA certified Sewer Class to B 182.8 - 150 to 300 mm - smooth inner wall, annular corrugated profile (320 kPa), 10.8 PSI bell and spigot joints ' shall have elastomeric gaskets (CSA certified to B 182.8). If pipe material selected differs from that specified in the Form of Tender, the Contractor shall, ' upon request, supply the Contract Administrator with proof of CSA certification for both the pipe and the elastomeric gaskets, all at the expense of the Contractor. The Contractor shall supply the pipe in the size and strength designated, as noted in the Form of Tender or approved equivalent by the Contract Administrator. 1 Bedding, Embedment and Bacld111 Bedding shall be Class B as per OPSD 802.030, 802.031, 802.032, 802.033 or 802.034 for rigid pipe and whichever soil type is applicable. Embedment shall be as per OPSD 802.010, 802.013, or 802.014 for flexible pipe and whichever soil type is applicable. Bedding and embedment material shall be Granular "A ". Cover material shall be approved granular material or select native granular material to 300 mm above the top of pipe. Bedding and cover shall be placed in uniform layers not exceeding 200 mm in thickness, loose measurement, and compacted to 95% of the maximum dry density before a subsequent layer is ' placed. Backfill shall be as specified in the Form of Tender. If select native material is specified, it shall ' be compacted to a minimum dry density of 95 %. If granular material is specified, it shall be compacted to a minimum dry density of 100 %. Backfill shall be placed in uniform layers not exceeding 300 mm in thickness for the full width of the trench and compacted to the specified 1 density before a subsequent layer is placed. The unit price bid shall include the cost of all granular bedding, embedment cover material and the backfilling noted herein. SP -13 1 All excavated material not required for backfill shall be disposed as outlined under the General 1 SP - Management of Excess Materials. The cost of this work shall be included in the unit price bid of sewer. Perforated Storm Sewer Perforated storm sewer to be installed as per the detail on Drawing 1. The unit price bid shall 1 include 19 mm dia. clear stone embedment wrapped in non -woven filter cloth. Filter cloth to be Class I with filter opening size (FOS) of 130 - 110 µm. OPSS 410.07.16 - Field Testing has been amended as follows: 410.07.16.02- Prequalification Leakage Tests are not a requirement when sewers are active. 1 410.07.16.03 - Infiltration Tests are not a requirement when sewers are active. 410.07.16.04- Exfiltration Tests are not a requirement when sewers are active. 410.07.16.05- Deflection Testing of Pipe Sewers is always a requirement when using flexible 1 pipe. The unit price bid for the flexible pipe shall include all costs of this testing. 410.07.16.06- Closed Circuit Television Inspection of Pipelines is a requirement of the contract. All work shall be in accordance with OPSS 409 - Construction Specification for Closed - Circuit Television Inspection of Pipelines. The unit price bid for the sewer installation shall include the cost of the CCTV inspection. The Contractor will engage a Closed Circuit Television Inspection Contractor and co- ordinate the work to have it completed prior to achieving substantial performance for the contract. The General Contractor will be responsible for hiring the Closed Circuit Television Inspection Contractor directly, however, the Closed Circuit Television inspection work will be carried out to the satisfaction of, the Contract Administrator. Should deficiencies be identified upon review of the camera inspection video, the deficiencies shall be promptly corrected and a re- inspected with CCTV inspection. All costs associated with the CCTV inspections shall be borne by the Contractor. 1 Compaction Compaction shall be as per OPSS 501— Construction Specification for Compacting. The type of compaction equipment used shall be suited to the material to be compacted, degree of compaction required, and space available. Selection of compaction equipment shall be 1 determined by the Contractor with a list of the proposed equipment being submitted at the pre - construction meeting. 1 1 SP -14 Backfill shall be placed to a minimum depth of 900 mm above the crown of the pipe before power operated rolling equipment shall be used for compacting. All costs of compaction and water used for compaction shall be included in the unit price for sewer. Removing Existing Storm Sewer The unit price bid shall include the cost of removing existing sewers, watermains, or minor structures encountered in the trench excavation where applicable. Abandoning Sewers The Contractor will be required to plug up, by means of brick and mortar, certain existing sewers that are to be abandoned, to the satisfaction of the Contract Administrator. The cost of this work is to be included in the Contractor's bid for new sewer intercepting these old sewers or drains. Connecting Sewers For the unit rice bid, the Contractor will be required, to make all connections to new and P q existing catch basins, maintenance holes, culverts, or sewers (regardless of pipe material) in a manner set out in the contract drawings or as determined by the Contract Administrator at the time of construction. Maintenance of Flow The Contractor shall provide for the maintenance of flow in all sewers and maintenance holes at all times. Restoration Restoration shall be as outlined under General SP - Restoration. 1 ITEM NO. 19 SUPPLY, EXCAVATE FOR, PLACE AND BACKFILL 600 mm x 600 mm CATCH BASINS (705.010), 600 mm x 1450 mm TWIN INLET CATCH BASINS (705.020), INCLUDING FRAME AND GRATES For the unit price bid, the Contractor shall supply all labour, equipment and materials for the complete installation of the structures as indicated on the contract drawings and in accordance with OPSS 407. The sizes of the structures are as noted on the Form of Tender and on the contract drawing. The Contractor shall excavate to the required grade, supply the necessary granular bedding and backfill and compact the material in accordance with OPSS 402. 1 i SP -15 The Contractor shall supply and install frame and grates as listed on the contract drawings to the ' grade established at the time of construction. Adjustment of the frame and grate to grade shall be achieved using precast concrete adjustment units and shall include the cost of connecting new basins to existing sewers as determined at the time of construction. Parging The precast adjustment units will be grouted into place by means of an approved mortar mix and shall be parged inside and outside with 12 mm thick mortar coat. Compaction shall be as per OPSS 501— Construction Specification for Compacting. The type of compaction equipment used shall be suited to the material to be compacted, degree of compaction required, and space available. Selection of compaction equipment shall be determined by the Contractor with a list of the proposed equipment being submitted at the pre- construction meeting. Payment for the structure shall be 80% of the unit price for the installation and 100% of unit price upon completion of parging and removal of debris from the bottom of the structure. When the surface course of asphalt is to be placed at a later date, the unit price bid shall also include ramping of the structure and the installation of 50 mm diameter PVC drains as per BMROSS Standard Drawing 702. The installation of the 50 mm dia. drain shall be done prior to or during the concrete curb installation, if applicable. ITEM NO. 20 1 SUPPLY, EXCAVATE FOR, PLACE AND BACKFILL 1200 mm PRECAST MAINTENANCE HOLES AND MAINTENANCE HOLE -CATCH BASINS, OPSD 701.010, INCLUDING FRAMES AND GRATES For the unit price bid, the Contractor shall supply all labour, equipment and materials for the complete installation of the structures and in accordance with OPSS 407. The sizes of the structures are as noted on the Form of Tender and on the contract drawing. The Contractor shall excavate to the required grade, supply the necessary granular bedding and backfill and compact the material in accordance with OPSS 402. The Contractor shall supply and install frames and grates as listed on the drawings to the grade established at the time of construction. Adjustment of the frame and grate to grade shall be achieved using precast concrete adjustment units. The Contractor shall supply ladder rungs and all materials to make all connections to existing sewers. Also, when required, included in the unit price bid, the Contractor shall include the benching of all storm maintenance holes designated, as per OPSD 701.021. Where new maintenance holes are to be constructed on existing sewers, the Contractor will be required to maintain the sewage flow by either piping through the maintenance hole location or providing by -pass pumping around the maintenance hole site. Prior to the commencement of work, the Contract Administrator shall approve the method proposed by the Contractor for maintaining flow. i 1 SP -16 1 The Contractor shall confirm in writing to the Contract Administrator that the means of connecting storm sewers to the storm manholes is appropriate for the materials being used and for the site conditions. Parging The precast adjustment units will be grouted into place by means of an approved mortar mix and shall be parged inside and outside with 12 mm thick mortar coat. 1 Compaction shall be as per OPSS 501— Construction Specification for Compacting. The type of compaction equipment used shall be suited to the material to be compacted, degree U of compaction required, and space available. Selection of compaction equipment shall be determined by the Contractor with a list of the proposed equipment being submitted at the pre- construction meeting. 1 Payment for the structure shall be 80% of the unit price for the installation and 100% of unit price upon completion of parging, removal of debris from the bottom of the structure and benching when applicable. ' ITEM NO. 21 SUPPLY AND PLACE 150 mm FILTER WRAPPED PERFORATED SUBDRAIN INCLUDING EXCAVATION For the unit price bid, the Contractor shall excavate for, supply and install the subdrain, including filter wrap (non -woven type) Class 1 with a Filter Opening Size (FOS) of 130 -100 pm as ' indicated on the contract drawings or to the limits established by the Contract Administrator at the time of construction. ' The supply and backfilling of granular backfill shall be paid for with the granular item for the roadbed. Pipe Material OPSS 405.05 Materials is amended to accept the following material for pipe subdrains. ' (a) Corrugated steel pipe minimum 1.3 mm thickness (b) Polyethylene Big "0" Boss 2000 or equivalent. The filter wrap g eotextile shall be in accordance with OPSS 1860. The maximum stone size for the granular backfill shall be 50 mm dia. 1 1 1 SP -17 1 ITEM NO. 22 I SUPPLY, EXCAVATE FOR, PLACE AND BACKFILL INLINE DRAIN CATCH BASINS For the unit price bid, the Contractor shall supply all labour, equipment, and material required to complete the construction of inline drain catch basins in accordance with BMROSS Standard Drawing 700 for inline drain catch basins. Sizes shall be as noted in the Form of Tender and on the drawings. (Vertical piping, connectors and grate only; horizontal piping to be paid for under the storm sewer item.) 1 The unit price bid shall include all costs for excavation, bedding, backfill and the connection the inline drain catch basins to existing sewers as determined by the Contract Administrator or as shown on the drawings. ITEM NO. 23 1 REMOVE CULVERTS INCLUDING HEADWALLS AND END PROTECTION For the unit price bid, the Contractor shall remove existing culverts, including excavation and backfill. Granular backfill shall be placed where existing culverts have been removed below existing/proposed roadways, driveways and sidewalks. Select native granular backfill shall be placed for culverts removed from other areas. All work shall be done in accordance with OPSS 501 and 510. Removal and disposal of existing culvert headwalls and end protection shall also be included in the unit price bid for this item. Excavated material and concrete shall be disposed of as outlined under the General SP- Management of Excess Materials. Removed culvert pipe shall become the property of the Contractor and shall be disposed of outside the contract limits. 1 ITEM NO.24 INSTALLATION OF STORM SERVICES For the unit price bid, the Contractor shall supply all labour, equipment and materials for the complete installation of the storm services as indicated on the contract drawings. The sizes of the services are as noted on the Form of Tender. The unit price bid shall also include the cost of the main line service tee and end cap required for each service as well as fittings required to 1 reconnect existing sump pumps. Service tees for use with flexible mainline sewer pipe shall be factory manufactured tees. 1 Service tees for use with rigid mainline sewer to be factory installed " Inserta" tees or approved equal. Insterta tees to be the same diameter or larger than the servicing piping. All required reducers shall be included in the unit price bid for this item. The service connections shall be as per OPSD 1006.010 for rigid main pipe sewer and OPSD 1006.020 for flexible main pipe sewer. 1 SP -18 1 Pipe Material Pipe material for storm sewer services shall be polyvinyl chloride (PVC) SDR - 28. ' Beddin g and Backfill Bedding and cover shall be as per OPSD 1006.010 for rigid main pipe sewer and embedment shall be as P er OPSD 1006.020 for flexible main pipe sewer. Backfill shall be as noted on the p Form of Tender. ' Bedding and embedment material shall be Granular "A ". Cover material shall be approved granular material or select native granular material to 300 mm above the top of pipe. Bedding, embedment and cover shall be placed in uniform layers not exceeding 200 mm in thickness, loose measurement, and compacted to 95% of the maximum dry density before a subsequent layer is placed. Backfill shall be as specified in the Form of Tender. If select native material is specified, it shall P p , be compacted to a minimum dry density of 95 %. If granular material is specified, it shall be compacted to a minimum dry density of 100 %. Backfill shall be placed in uniform layers not exceeding 300 mm in thickness for the full width of the trench and compacted to the specified density before a subsequent layer is placed. All excavated material not required for backfill shall be disposed as outlined under the General 1 SP — Management of Excess Materials. The cost of this work shall be included in the unit price bid. ' Compaction shall be as per OPSS 501— Construction Specification for Compacting. The type of compaction equipment used shall be suited to the material to be compacted, degree of compaction required, and space available. Selection of compaction equipment shall be ' determined by the Contractor with a list of the proposed equipment being submitted at the pre - construction meeting. All bedding, embedment, cover and backfill materials shall be placed in layers prior to compacting in accordance with OPSS 401.07.10. ' Installation of Services For the unit price bid, the Contractor shall include the cost of connecting to existing storm ' services with the approved fittings and material to make the connection (Fernco or equivalent). The unit price bid shall include all restoration outside the limits of the grading operations of the road reconstruction part of the project, when applicable. 1 All services to vacant lots or previously unserviced lots, shall include an end cap and the ends of all services shall be marked by a 50 mm x 100 mm wood post extending from the service to 300 mm above the surface of the ground with the top section painted fluorescent green. The post shall be supplied and placed by the Contractor. 1 1 SP -19 1 Closed Circuit Television Inspection of Pipelines 1 All work shall be in accordance with OPSS 409 - Construction Specification for Closed - Circuit Television Inspection of Pipelines. The unit price bid for the service installation shall include the cost of the CCTV inspection. The Contractor will engage a Closed Circuit Television Inspection Contractor and co- ordinate 1 the work to have it completed prior to achieving substantial performance for the contract. The General Contractor will be responsible for hiring the Closed Circuit Television Inspection 1 Contractor directly; however, the Closed Circuit Television inspection work will be carried out to the satisfaction of, the Contract Administrator. Should deficiencies be identified upon review of the camera inspection video, the deficiencies shall be promptly corrected and a re- inspected with CCTV inspection. All costs associated with the CCTV inspections shall be borne by the Contractor. 1 Restoration Restoration shall be as outlined under General SP - Restoration. ITEM NO. 25 1 STORM SEWER SERVICE CLEANOUT For the unit price bid, the Contractor shall supply all labour and materials for the complete 1 installation of service cleanouts as shown on the detail drawing. (BMROSS Standard Drawing 1002M). Cleanouts located within a lawn area, shall have a 100 mm diameter, cast iron Malcolm Bolted Cover (Bell end) as supplied by Crowle Fittings Ltd., or approved equivalent. Adaptors to be provided as required. Cleanouts located within driveways or sidewalks, shall have a cast iron, 100 mm diameter, Sigma Corporation Model No. VB -SCO4L cover or approved equivalent that meets H2O Loading Standards. Adaptors to be provided as required. Each cleanout, for a vacant lot or previously unserviced lot, shall be clearly marked with a 1 minimum of 2.0 m of 50 x 100 wooden post. Each cleanout for an occupied property shall be terminated with the cover flush to the surrounding surface. ITEM NO. 26 SUPPLY MAINTENANCE HOLE FRAMES AND GRATES 1 For the unit price bid, the Contractor shall supply and install maintenance hole or catch basin frame and covers as specified in the Tender Form, as designated on the drawings or by the 1 Contract Administrator at the time of construction. All existing frames and grates removed, where applicable, are the property of the Owner and shall be delivered to the Owner's yard at the Contractor's expense. 1 1 1 SP -20 ITEM NO. 27 SUPPLY, EXCAVATE FOR, PLACE AND BACKFILL 1200 mm PRECAST MAINTENANCE HOLES, OPSD 701.010 For the unit rice bid, the Contractor shall supply all labour, equipment and materials for the P PPY complete installation of the structures. The sizes of the structures are as noted on the Form of Tender and on the contract drawing. 1 The Contractor shall excavate to the required grade, supply the necessary granular bedding and backfill and compact the material in accordance with OPSS 402. For the unit price bid, the Contractor shall supply and install frames and grates as shown on the drawings to the grade established by the Contract Administrator. The Contractor shall supply ladder rungs and all materials to make all connections to existing sewers. 1 Also included in the unit price bid, the Contractor shall include the benching of all sanitary maintenance holes designated in accordance with standard drawing OPSD 701.021. Where new maintenance holes are to be constructed on existing sewers, the Contractor will be required to maintain the sewage flow by either piping through the maintenance hole location or providing bypass pumping around the maintenance hole site. Prior to the commencement of work, the Contract Administrator shall approve the method proposed by the Contractor for maintaining flow. 1 The Contractor shall confirm in writing to the Contract Administrator that the means of connecting sanitary sewers to the sanitary manholes is appropriate for the materials being used and for the site conditions. Parging The precast adjustment units will be grouted into place by means of an approved mortar mix and shall be parged inside and outside with 12 mm thick mortar coat. ' Compaction shall be as per OPSS 501— Construction Specification for Compacting. The type of compaction equipment used shall be suited to the material to be compacted, degree of compaction required, and space available. Selection of compaction equipment shall be determined by the Contractor with a list of the proposed equipment being submitted at the pre- construction meeting. 1 Payment for the structure shall be 80% of the unit price for the installation and 100% of unit price upon completion of parging, removal of debris from the bottom of the structure and 1 benching when applicable. 1 1 1 SP -21 1 ITEM NO. 28 t RELAY EXISTING SANITARY SERVICES (PROVISIONAL) For the unit price bid the Contractor shall supply all labour, equipment and materials to relay ' specific sanitary services where they conflict with the proposed elevation of the storm sewers or at locations identified by the Contract Administrator at the time of construction. The Contractor shall include in the unit price bid for this item, all required excavation, bedding, granular backfill, connectors and fittings required to relay the existing sanitary sewer so that the conflict with the proposed works is eliminated. The Contractor must ensure positive drainage in the relayed pipe, no low points or siphons will be permitted. The service connections shall be as per OPSD 1006.020 for flexible main pipe sewer. Pipe Material Pipe material for sanitary service fittings shall be polyvinyl chloride (PVC) SDR -28. Bedding and Backfill Embedment material shall be Granular "A" to 300 mm above the top of pipe. Embedment material shall be placed in uniform layers not exceeding 200 mm in thickness, loose , measurement, and compacted to 95% of the maximum dry density before a subsequent layer is placed. Backfill shall be granular material. It shall be compacted to a minimum dry density of 100 %. Backfill shall be placed in uniform layers not exceeding 300 mm in thickness for the full width of the trench and compacted to the specified density before a subsequent layer is placed. 1 Payment under this item will only be made for services which directly conflict with the proposed storm sewer in the opinion of the Contract Administrator. No payment will be made for services that were not approved by the Contract Administrator. Compaction 1 Compaction shall be as per OPSS 501— Construction Specification for Compacting. The type of compaction equipment used shall be suited to the material to be compacted, degree of compaction required, and space available. Selection of compaction equipment shall be determined by the Contractor with a list of the proposed equipment being submitted at the pre - construction meeting. Backfill shall be placed to a minimum depth of 900 mm above the crown of the pipe before power operated rolling equipment shall be used for compacting. 1 Closed Circuit Television Inspection of Pipelines All work shall be in accordance with OPSS 409 - Construction Specification for Closed - Circuit 1 Television Inspection of Pipelines. The unit price bid for the service installation shall include the cost of the CCTV inspection. ' SP -22 i The Contractor will engage a Closed Circuit Television Inspection Contractor and co- ordinate the work to have it completed prior to achieving substantial performance for the contract. The General Contractor will be responsible for hiring the Closed Circuit Television Inspection Contractor directly; however, the Closed Circuit Television inspection work will be carried out to the satisfaction of, the Contract Administrator. Should deficiencies be identified upon review of the camera inspection video, the deficiencies 1 shall be promptly corrected and a re- inspected with CCTV inspection. All costs associated with the CCTV inspections shall be borne by the Contractor. 1 Restoration Restoration shall be as outlined under General SP - Restoration. 1 ITEM NO. 29 REBUILD EXISTING MAINTENANCE HOLES For the unit price bid, the Contractor shall supply all labour, equipment and materials to rebuild the upper section of the designated maintenance holes as per OPSS 408. Excavation and granular backfill around structures shall be included in the unit price bid. Precast adjustment units shall comply with the requirements of OPSD 704.010 Precast riser units shall comply with the requirements of OPSD 701.031. Precast flat caps shall comply with the requirements of OPSD 701.030. Rebuilding Precast Units ' Where frame and grates are to be lowered in excess of the adjustment unit range, the top section of the precast maintenance hole including adjustment units or bricks and mortar shall be removed, and riser sections of suitable heights shall be removed, substituted for, or added. The existing top sections may be repositioned or replaced by suitable substitutes. Should the joint profile of new riser sections differ from the joint profile of the existing structure, the interface between the two units shall be a poured concrete collar forming a watertight 1 transition the full thickness of the wall. Parging The frame and cover shall be retained for replacement following the rebuilding of the masonry section using precast concrete adjustment units. Concrete adjustment units shall be set in a full mortar bed and shall be parged inside and outside with a 12 mm thick mortar coat. All work shall be carried out to the satisfaction of the Contract Administrator. 1 SP -23 1 MH Rebuild Chart 1 Street MH# Ex. T/G Prop. T/G Ex. Remarks (top of Adjustment I binder) MacGregor S2 191.18 191.28± 150 mm± - remove 1.2 m cone section, Beach Road add precast riser section, flat I cap and adjustment units - reinstall frame and grate to proposed grade t MacGregor S3 192.110 191.73± 50 mrn± - remove 1.2 m cone, add Beach Road precast riser section, flat cap and adjustment units , - reinstall frame and grate to proposed grade I MacGregor S4 192.380 191.15± 50 mm± - remove 1.2 m cone section, Beach Road proposed add precast riser section, flat asphalt cap and adjustment units - driveway reinstall frame and grate to grade proposed grade MacGregor S5 192.605 192.30± 50 mm± - remove 0.6 m riser section I Beach Road below flat cap - reinstall flat cap and frame and grate to proposed grade with adjustment units MacGregor S6 191.911 191.70± 0 - remove 1.2 m cone section, Beach Road add prescast riser section, flat cap and adjustment units - reinstall frame and grate to proposed grade 1 ITEM NO.30 I SUPPLY AND PLACE IMPORTED GRANULAR BEDDING For the unit price bid, the Contractor shall supply all labour, equipment and material, to place, I fine grade, and compact approved imported Granular `A' bedding required in the sewer trench. Payment for this item shall only occur when the soil conditions warrant it, and upon consultation and approval from the Owner and Contract Administrator. 1 The removal and disposal of a similar amount of unsuitable excavated material shall be included in the unit price bid for this item. Disposal shall be as outlined under the General SP - Management of Excess Material. Payment under this item will only be made in areas where, in the opinion of the Contract I Administrator, it is necessary to excavate below the proposed trench bottom and provide additional granular bedding to provide a proper foundation. I SP -24 1 ITEM NO. 31 RECONNECT EXISTING DRAINS AND SERVICES (up to 250 mm dia.) For the unit price bid, the Contractor shall supply all labour, equipment and material to excavate for, supply and install, reconnect and backfill all existing drains and/or services encountered at the time of construction. All connections shall be made with approved couplings (Fernco or equivalent). Payment under this item will only be paid when it is determined by the Contract Administrator that the work is required to: • Relocate drains and services that conflict with the sewer and/or watermain in horizontal or vertical alignment. • Repair any drains and services encountered that have not been shown on the drawings. 1 The Contractor is responsible for replacing all other broken or damaged drains and services encountered in the excavation. Pipe Material Pipe material for repairs shall be Polyethylene Sewer Pipe (flexible) — CSA certified Sewer 1 Class to B 182.6 or PVC SDR -28 for 100 mrn —150 mm diameter and PVC SDR -35 for 200 mm — 250 mm diameter. 1 Bedding, Embedment and Backfill Embedment shall be as per OPSD 802.010, OPSD 802.013 or 802.014 for flexible pipe and whichever soil type is applicable. Embedment material shall be Granular `A" to 300 mm (min) above the top of the pipe. ITEM NO. 32 1 ADJUST WATER VALVE BOXES For the unit price bid, the Contractor shall supply all labour, equipment and materials required to adjust the existing valve boxes to the elevations required and as indicated by the Contract Administrator at the time of construction. All required excavation, granular backfill and valve box modifications shall be included in the unit price bid for this item. Payment for this item will only be made where the existing valve box must be lowered in elevation, or where the valve box must be extended beyond its available adjustment. 1 1 1 SP -25 , ITEM NO. 33 , REMOVAL OF BITUMINOUS PAVEMENT (OUTSIDE EXCAVATION) For the unit price bid, the Contractor shall supply all labour and equipment to remove and ' dispose of bituminous pavement from those areas shown on the drawings or to the limits established by the Contract Administrator at the time of construction. This item will only be used for removal of asphalt where the earth excavation item is not applicable and will include saw - cutting, if required. Disposal of asphalt shall be as outlined under the General SP- Management of Excess Materials. ITEM NO. 34 1 PRESSURE GROUT EXISTING CULVERTS The Contractor shall supply all labour, equipment, and materials for the injection of grout into 1 existing pipe that cannot be removed. Measurement for payment shall be made on the theoretical calculated volume of grout used to fill the pipe. 1 ITEM NO. 35 TRAFFIC CONTROL 1 For the lump sum price bid, the Contractor shall include the cost of traffic control as specified below and in accordance with OPSS 706. 1 The Contractor shall prepare and submit a traffic control plan to the Contract Administrator for review for conformance with the Ontario Traffic Manual Book 7. The traffic control plan shall 1 reference the Book 7 Typical Layout used as a basis for the submission. Each progress payment certificate will include a percentage of the tender price for this item in 1 proportion to the percentage of the permanent works completed. General 1 In addition to the requirements in the Information to Bidders for Contractors to control traffic and provide signage, in accordance with the Ontario Traffic Manual Book 7 and the Ministry of Transportation Temporary Conditions Manual (March 2014), the following conditions will apply: At all times of construction, a minimum of one lane for traffic shall be open and maintained • P using appropriate traffic control measures and signage. • At the end of each working day, two lane traffic, controlled by barricades, delineators, etc., shall be maintained. Entrances to commercial establishments shall be maintained. 1 1 SP -26 1 Restrictions on Construction Operations Construction operations adversely affecting public traffic and the loading or unloading of materials and construction equipment onto and from the travelled portion of the road shall not be carried out during the following periods: 1 • 4:00 p.m. Friday to 7:00 a.m. Monday, for normal weekends . All Canadian statutory holidays. 1 1 ITEM NO. 36 BONDING AND INSURANCE For the lump sum price bid, the Contractor shall include the cost of bonding and insurance as specified in the Information to Bidders and the General Conditions of Contract. Payment under this item will be made after mobilization and included with the first payment certificate. 1 ITEM NO. 37 ' CONTINGENCIES A lump sum allowance has been made for contingencies in the contract. Only those additional items approved in writing on behalf of the Owner, by the Contract Administrator, will be expended from this allowance. 1 ITEM NO. 38 LUMP SUM FOR OTHER REQUIREMENTS i For the lump sum price bid, the Contractor shall enter an amount for additional labour, equipment or material required to complete the contract but not specifically covered by or related to the other items in the Schedule of Items and Prices. The lump sum bid may include, but is not limited to, the following: watchmen, on -site washroom facilities, permits and approvals (other than those to be paid for by the Owner) or acquiring the services of the local operating authorities. 1 This item shall also include attendance by a representative of the General Contractor and concrete sub - contractor at an Open House that will be held at the Kincardine municipal office prior to commencing with any construction activities. 1 Each ro ess payment certificate will include a percentage of the tender price for this item in P gr a Pym P g P 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. SGC -1 I SUPPLEMENTAL GENERAL CONDITIONS The following items shall supplement the OPS General Conditions of Contract, latest edition. 1 1.0 Section GC 1.04.01, Definitions, shall be amended with the inclusion of the following definitions: Provisional means that the use of this item is conditional on the circumstances determined by the Contract Administrator at the time of construction and that authorization to proceed I must be granted to the Contractor prior to proceeding with the work. 2.0 Section GC 2.01, Reliance on Contract Documents, paragraph 2.01.01 a) shall be revised as I follows: a) The location and depth of all utilities shown on the contract drawings are based on information obtained from the applicable operating authority. Neither the Owner nor the Contract Administrator can warrant the locations of the utilities. I 3.0 Section GC 2.02, Order of Precedence, shall be revised such that documents shall take precedence and govern in the following order: a) Agreement ' b) Addenda c) Special Provisions d) Contract Drawings e) Information to Bidders f) Standard Specifications g) Standard Drawings h) Tender i) Supplemental General Conditions I j) General Conditions k) Working Drawings 4.0 Section GC 3.05.01. Layout, shall be revised as follows: 1 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 I One week advance notice is required by the Contract Administrator to schedule the construction layout. Z: \wp\BACK UPS\Forms\Supp Gen Conditions - revised 14Mar27.docx I Ill SGC -2 5.0 Section GC 8.02.02, Advance Payments for Materials, the first sentence of paragraph 1 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: 6.0 Section GC 8.02.08.02, 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." 7.0 Section GC 8.02.08.03, Taxes, shall be revised as follows: "Where the Contractor benefits from a change in Canadian Federal or Provincial taxes, the Contractor shall submit to the Contract Administrator, on forms provided by the Contract Administrator, a statement of such benefits. This statement shall be submitted not later than 120 days after completion." , 1 1 1 1 1 1 1 Z: \wp\BACK- UPS\Forms \Supp Gen Conditions- revised 14Mar27.docx w 1 1 1 1 ONTARIO PROVINCIAL STANDARDS 1 FOR 1 ROADS AND PUBLIC WORKS Op srgNO s "% J 1 GENERAL CONDITIONS OF CONTRACT ' NOVEMBER 2006 1 1 1 A.V. 0' . ENO c Ontario Provincial Standards METRIC II H for OPSS.MUNI 100 � y �� ` � � Roads and Public Works November 2006 a,_ 1 OPS GENERAL CONDITIONS OF CONTRACT 1 Table of Contents SECTION GC 1.0 - INTERPRETATION 1 GC 1.01 Captions 6 GC 1.02 Abbreviations 6 I GC 1.03 Gender and Singular References 6 1 GC 1.04 Definitions 6 GC 1.05 Substantial Performance 11 1 GC 1.06 Completion 11 GC 1.07 Final Acceptance 11 1 GC 1.08 Interpretation of Certain Words 11 1 SECTION GC 2.0 - CONTRACT DOCUMENTS GC 2.01 Reliance on Contract Documents 12 1 GC 2.02 Order of Precedence 12 I SECTION GC 3.0 - ADMINISTRATION OF THE CONTRACT GC 3.01 Contract Administrator's Authority 14 1 GC 3.02 Working Drawings 15 GC 3.03 Right of the Contract Administrator to Modify Methods and Equipment 16 1 GC 3.04 Emergency Situations 16 GC 3.05 Layout 16 1 GC 3.06 Extension of Contract Time 16 GC 3.07 Delays 17 1 GC 3.08 Assignment of Contract 17 1 GC 3.09 Subcontracting by the Contractor 18 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 GC 3.10.02 Extra Work 19 1 GC 3.10.03 Additional Work 19 I 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 GC 3.13.01 Continuance of the Work 20 1 GC 3.13.02 Record Keeping 20 GC 3.13.03 Claims Procedure 20 1 GC 3.13.04 Negotiations 21 GC 3.13.05 Mediation 21 1 GC 3.13.06 Payment 21 GC 3.13.07 Rights of Both Parties 21 II GC 3.14 Arbitration 21 I GC 3.14.01 Conditions for Arbitration 21 GC 3.14.02 Arbitration Procedure 22 1 GC 3.14.03 Appointment of Arbitrator 22 GC 3.14.04 Costs 22 1 GC 3.14.05 The Decision 23 GC 3.15 Archaeological Finds 23 I SECTION GC 4.0 - OWNER'S RESPONSIBILITIES AND RIGHTS 1 GC 4.01 Working Area 24 GC 4.02 Approvals and Permits 24 GC 4.03 Management and Disposition of Materials 24 GC 4.04 Construction Affecting Railway Property 25 1 GC 4.05 Default by the Contractor 25 GC 4.06 Contractor's Right to Correct a Default 25 1 1 Page 2 Rev. Date: 11/2006 OPSS.MUNI 100 1 1 1 GC 4.07 Owner's Right to Correct a Default 26 GC 4.08 Termination of Contractor's Right to Continue the Work 26 1 GC 4.09 Final Payment to Contractor 26 GC 4.10 Termination of the Contract 26 1 GC 4.11 Continuation of Contractor's Obligations 27 GC 4.12 Use of Performance Bond 27 I GC 4.13 Payment Adjustment 27 1 SECTION GC 5.0 - MATERIAL GC 5.01 Supply of Material 28 I GC 5.02 Quality of Material 28 I GC 5.03 Rejected Material 28 GC 5.04 Substitutions 29 1 GC 5.05 Owner Supplied Material 29 GC 5.05.01 Ordering of Excess Material 29 1 GC 5.05.02 Care of Material 29 I SECTION GC 6.0 - INSURANCE, PROTECTION AND DAMAGE GC 6.01 Protection of Work, Persons, and Property 31 1 GC 6.02 Indemnification 31 GC 6.03 Contractor's Insurance 32 1 GC 6.03.01 General 32 GC 6.03.02 General Liability Insurance 32 1 GC 6.03.03 Automobile Liability Insurance 33 GC 6.03.04 Aircraft and Watercraft Liability Insurance 33 I 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 GC 6.03.05.02 Boiler Insurance 34 GC 6.03.05.03 Use and Occupancy of the Work Prior to Completion 34 I GC 6.03.05.04 Payment for Loss or Damage 34 1 Page 3 Rev. Date: 11/2006 OPSS.MUNI 100 1 1 GC 6.03.06 Contractor's Equipment Insurance 35 1 GC 6.03.07 Insurance Requirements and Duration 35 I GC 6.04 Bonding 35 GC 6.05 Workplace Safety and Insurance Board 36 111 SECTION GC 7.0 - CONTRACTOR'S RESPONSIBILITIES AND CONTROL OF THE WORK GC 7.01 General 37 1 GC 7.02 Layout 39 I GC 7.03 Working Area 39 GC 7.04 Damage by Vehicles or Other Equipment 40 GC 7.05 Excess Loading of Motor Vehicles 40 GC 7.06 Condition of the Working Area 40 GC 7.07 Maintaining Roadways and Detours 40 GC 7.08 Access to Properties Adjoining the Work and Interruption of Utility Services 41 1 GC 7.09 Approvals and Permits 41 GC 7.10 Suspension of Work 42 I GC 7.11 Contractor's Right to Stop the Work or Terminate the Contract 42 GC 7.12 Notices by the Contractor 42 GC 7.13 Obstructions 43 I GC 7.14 Limitations of Operations 43 GC 7.15 Cleaning Up Before Acceptance 43 1 GC 7.16 Warranty 43 GC 7.17 Contractor's Workers 44 1 GC 7.18 Drainage 44 SECTION GC 8.0 - MEASUREMENT AND PAYMENT I GC 8.01 Measurement 45 1 GC 8.01.01 Quantities 45 GC 8.01.02 Variations in Tender Quantities 45 1 1 Page 4 Rev. Date: 11/2006 OPSS.MUNI 100 1 1 1 GC 8.02 Payment 46 GC 8.02.01 Price for Work 46 1 GC 8.02.02 Advance Payments for Material 46 GC 8.02.03 Certification and Payment 47 I GC 8.02.03.01 Progress Payment Certificate 47 GC 8.02.03.02 Certification of Subcontract Completion 47 GC 8.02.03.03 Subcontract Statutory Holdback Release Certificate and Payment 47 I GC 8.02.03.04 Certification of Substantial Performance 48 GC 8.02.03.05 Substantial Performance Payment and Substantial Performance Statutory Holdback Release Payment Certificates 48 GC 8.02.03.06 Certification of Completion 49 I GC 8.02.03.07 Completion Payment and Completion Statutory Holdback Release Payment Certificates 49 GC 8.02.03.08 Interest 50 GC 8.02.03.09 Interest for Late Payment 50 I GC 8.02.03.10 Interest for Negotiations and Claims 51 GC 8.02.03.11 Owner's Set-Off 51 GC 8.02.03.12 Delay in Payment 51 1 GC 8.02.04 Payment on a Time and Material Basis 51 GC 8.02.04.01 Definitions 51 GC 8.02.04.02 Daily Work Records 52 I GC 8.02.04.03 Payment for Work 53 GC 8.02.04.04 Payment for Labour 53 GC 8.02.04.05 Payment for Material 53 GC 8.02.04.06 Payment for Equipment 53 I GC 8.02.04.06.01 Working Time 53 GC 8.02.04.06.02 Standby Time 53 GC 8.02.04.07 Payment for Hand Tools 54 I GC 8.02.04.08 Payment for Work by Subcontractors 54 GC 8.02.04.09 Submission of Invoices 54 GC 8.02.04.10 Payment Other Than on a Time and Material Basis 55 GC 8.02.04.11 Payment Inclusions 55 1 GC 8.02.05 Final Acceptance Certificate 55 GC 8.02.06 Payment of Workers 55 I GC 8.02.07 Records 55 1 GC 8.02.08 Taxes 56 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 .01 The abbreviations on the left below are commonly found in the Contract Documents and represent 1 the organizations and phrases listed on the right: "AASHTO" - American Association of State Highway Transportation Officials "ACI" - 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 "C ESA" - Canadian Engineering Standards Association "CGSB" - Canadian General Standards Board "CSA" - Canadian Standards Association "CWB" - Canadian Welding Bureau "GC" - General Conditions "ISO" - International Organization for Standardization "MOE" - Ontario Ministry of the Environment "MTO" - Ontario Ministry of Transportation "MUTCD" - Manual of Uniform Traffic Control Devices (Replaced by OTM) "OPS" - Ontario Provincial Standard "OPSD" - Ontario Provincial Standard Drawing "OPSS" - Ontario Provincial Standard Specification "OTM" - Ontario Traffic Manual "PEO" - Professional Engineers Ontario "SAE" - Society of Automotive Engineers "SCC" - Standards Council of Canada "SSPC" - Structural Steel Painting Council "UL" - Underwriters Laboratories "U LC" - Underwriters Laboratories Canada 1 GC 1.03 Gender and Singular References .01 References to the masculine or singular throughout the Contract Documents shall be considered to include the feminine and the plural and vice versa, as the context requires. GC 1.04 Definitions , .01 For the purposes of this Contract the following definitions apply: Actual Measurement means the field measurement of that quantity within the approved limits of the Work. 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 i 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. Base means a layer of material of specified type and thickness placed immediately below the pavement 1 wearing surface layers, curb and gutter, or sidewalk. Business Day means any Day except Saturdays, Sundays, and statutory holidays. 1 Certificate of Subcontract Completion means the certificate issued by the Contract Administrator in accordance with clause GC 8.02.03.02, Certification of Subcontract Completion. ' Certificate of Substantial Performance means the certificate issued by the Contract Administrator at Substantial Performance. Change Directive means any written instruction signed by the Owner, or by the Contract Administrator ' where so authorized, directing that a Change in the Work or Extra Work be performed. Change in the Work means the deletion, extension, increase, decrease, or alteration of lines; grades; ' dimensions; quantities; methods; drawings; substantial changes in geotechnical, subsurface, surface, or other conditions; changes in the character of the Work to be done; or materials of the Work or part thereof, within the intended scope of the Contract. ' Change Order means a written amendment to the Contract signed by the Contractor and the Owner, or the Contract Administrator where so authorized, covering contingencies, a Change in the Work, Extra Work, Additional Work, and changed subsurface conditions; and establishing the basis for payment and ' the time allowed for the adjustment of the Contract Time. Completion Certificate means the certificate issued by the Contract Administrator at completion. ' Constructor means, for the purposes of, and within the meaning of the Occupational Health and Safety Act, R.S.O. 1990, c.O.1, as amended and amendments thereto, the Contractor who executes the Contract. ' Contract means the undertaking by the Owner and the Contractor to perform their respective duties, responsibilities, and obligations as prescribed in the Contract Documents. ' Contract Administrator means the person, partnership, or corporation designated by the Owner to be the Owner's representative for the purposes of the Contract. Contract Documents mean the executed Agreement between the Owner and the Contractor, Tender, ' General Conditions of Contract, Supplemental General Conditions of Contract, Standard Specifications, Special Provisions, Contract Drawings, addenda incorporated in a Contract Document before the execution of the Agreement, such other documents as may be listed in the Agreement, and subsequent ' amendments to the Contract Documents made pursuant to the provisions of the Agreement. Contract Drawings or Contract Plans mean drawings or plans, any Geotechnical Report, any Subsurface Report, and any other reports and information provided by the Owner for the Work, and ' without limiting the generality thereof, may include soil profiles, foundation investigation reports, reinforcing steel schedules, aggregate sources lists, Quantity Sheets, and cross - sections. Contract Time means the time stipulated in the Contract Documents for Substantial Performance of the 1 Work, including any extension of Contract Time made pursuant to the Contract Documents. 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. 1 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. 1 Equipment means all machinery and equipment used for preparing, fabricating, conveying or erecting the Work and normally referred to as construction machinery and equipment. Estimate means a calculation of the quantity or cost of the Work or part of it depending on the context. Extra Work means work not provided for in the Contract as awarded but considered by the Contract Administrator to be essential to the satisfactory completion of the Contract within its intended scope, including unanticipated work required to comply with legislation and regulations that affect the Work. Final Acceptance Certificate means the certificate issued by the Contract Administrator at Final Acceptance of the Work. Final Detailed Statement means a complete evaluation prepared by the Contract Administrator showing the quantities, unit prices, and final dollar amounts of all items of work completed under the Contract, including variations in tender items and Extra Work, all as set out in the same general form as the monthly estimates. Force Account has the same meaning as "Time and Material." 1 Geotechnical Report means a report or other information identifying soil, rock, and ground water 1 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 1 power tools. Highway means a common and public highway any part of that is intended for or used by the general public for the passage of vehicles and includes the area between the lateral property lines thereof. Lot means a specific quantity of material or a specific amount of construction normally from a single 1 source and produced by the same process. 1 Page 8 Rev. Date: 11/2006 OPSS.MUNI 100 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, 1 a) $100,000, or b) 5% of the total tender value calculated on the basis of the total of all the estimated tender 1 quantities and the tender unit prices. Material means material, machinery, equipment and fixtures forming part of the Work. 1 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 fumished 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 1 the Contract Documents. Project means the construction of the Work as contemplated by this Contract. 1 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 1 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. 1 Roadway means that part of the Highway designed or intended for use by vehicular traffic and includes the Shoulders. Shoulder means that portion of the Roadway between the edge of the travelled portion of the wearing surface and the top inside edge of the ditch or fill slope. ' Special Provisions mean directions containing requirements specific to the Work. Standard Drawing or Standard Specification means a standard practice required and stipulated by the Owner for performance of the Work. 1 Subbase means a layer of material of specified type and thickness between the Subgrade and the Base. 1 Page 9 Rev. Date: 11/2006 OPSS.MUNI 100 1 Subcontractor means a person, partnership or corporation undertaking the execution of a part of the Work by virtue of an agreement with the Contractor. Subgrade means the earth or rock surface, whether in cut or fill, as prepared to support the pavement structure, consisting of Base, Subbase, and Pavement. Subsurface Report means a report or other information identifying the location of Utilities, concealed and adjacent structures, and physical obstructions that fall within the influence of the Work. Superintendent means the Contractor's authorized representative in responsible charge of the Work. Surety means the person, partnership or corporation, other than the Contractor, licensed in Ontario to transact business under the Insurance Act, R.S.O. 1990, c.I.8, as amended, executing a bond provided by the Contractor. Tender means an offer in writing from the Contractor, submitted in the format prescribed by the Owner, to complete the Work. Time and Material means costs calculated according to clause GC 8.02.04, Payment on a Time and Material Basis. Where "Cost Plus" and "Force Account" are used they shall have the same meaning. Utility means an aboveground or underground facility maintained by a municipality, public utility authority or regulated authority and includes services such as sanitary sewer, storm sewer, water, electric, gas, oil, steam, data transmission, telephone, and cable television. Warranty Period means the period of 12 months from the date of Substantial Performance or such longer period as may be specified in the Contract Documents for certain Materials or some or all of the Work. Where a date of Substantial Performance is not established, the Warranty Period shall commence on the date of Completion. 1 Work means the total construction and related services required by the Contract Documents. Working Area means all the lands and easements owned or acquired by the Owner for the construction of the Work. Working Day means any Day, a) except Saturdays, Sundays and statutory holidays; b) except a Day as determined by the Contract Administrator, on which the Contractor is prevented by inclement weather or conditions resulting immediately therefrom, from proceeding with a Controlling Operation. For the purposes of this definition, this 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; 1 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 1 Page 10 Rev. Date: 11/2006 OPSS.MUNI 100 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, 1 a) when the Work to be performed under the Contract or a substantial part thereof is ready for use or is being used for the purpose intended; and b) when the Work to be performed under the Contract is capable of completion or, where there is a known defect, the cost of correction, is not more than ' i. 3% of the first $500,000 of the Contract price, ii. 2% of the next $500,000 of the Contract price, and iii. 1% of the balance of the Contract price. ' .02 For the purposes of this Contract, where the Work or a substantial part thereof is ready for use or is being used for the purposes intended and the remainder of the Work cannot be completed expeditiously for reasons beyond the control of the Contractor or, where the Owner and the ' Contractor agree not to complete the Work expeditiously, the price of the services or materials remaining to be supplied and required to complete the Work shall be deducted from the Contract price in determining Substantial Performance. GC 1.06 Completion .01 The Work shall be deemed to be completed and services or Materials shall be deemed to be last supplied to the Work when the price of completion, correction of a known defect, or last supply is not more than the lesser of, a) 1% of the Contract price; or 1 b) $1,000. GC 1.07 Final Acceptance .01 Final Acceptance shall be deemed to occur when the Contract Administrator is satisfied that, to the best of the Contract Administrator's knowledge at that time, the Contractor has rectified all imperfect ' work and has discharged all of the Contractor's obligations under the Contract. GC 1.08 Interpretation of Certain Words .01 The words "acceptable," "approval," "authorized," "considered necessary," "directed," "required," "satisfactory," or words of like import, shall mean approval of, directed, required, considered necessary, or authorized by and acceptable or satisfactory to the Contract Administrator, unless the context clearly indicates otherwise. 1 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 .01 The Owner warrants that the information fumished in the Contract Documents can be relied upon with the following limitations or exceptions: a) The location of all mainline underground Utilities that may affect the Work shall be shown to a tolerance of: i. 1 m horizontal, and ii. 0.3 m vertical .02 The Owner does not warrant or make any representation with respect to: a) interpretations of data or opinions expressed in any Subsurface Report available for the perusal of the Contractor, whether or not such report is included as part of the Contract Documents, and b) other information specifically excluded from this warranty. GC 2.02 Order of Precedence .01 In the event of any inconsistency or conflict in the contents of the following documents, such 1 documents shall take precedence and govem in the following descending order: a) Agreement 1 b) Addenda c) Special Provisions d) Contract Drawings e) Standard Specifications 1 f) Standard Drawings 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. 1 .02 In the event of any conflict among or inconsistency in the information shown on Drawings, the following rules shall apply: a) Dimensions shown in figures on a Drawing shall govern where they differ from dimensions scaled from the same drawing; b) Drawings of larger scale shall govern over those of smaller scale; 1 Page 12 Rev. Date: 11/2006 OPSS.MUNI 100 1 1 c) Detailed Drawings shall govem over general Drawings; and d) Drawings of a later date shall govem over those of an earlier date in the same series. 1 .03 In the event of any inconsistency or conflict in the contents of Standard Specifications the following descending order of precedence shall govem: a) Owner's Standard Specifications b) Ontario Provincial Standard Specffications 1 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 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 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 1 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. 1 .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. 1 .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. 1 .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 1 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 1 .13 If, in the opinion of the Contract Administrator, it is not expedient to correct defective work or work not performed in accordance with the Contract Documents, the Owner may deduct from monies otherwise due to the Contractor the difference in value between the work as performed and that called for by the Contract Documents, the amount that will be determined in the first instance by the Contract Administrator. .14 Notwithstanding any inspections made by the Contract Administrator or the issuance of any certificates or the making of any payment by the Owner, the failure of the Contract Administrator to reject any defective work or Material shall not constitute acceptance of defective work or Material. .15 The Contract Administrator shall have the authority to temporarily suspend the Work for such reasonable time as may be necessary: a) to facilitate the checking of any portion of the Contractor's construction layout; 1 b) to facilitate the inspection of any portion of the Work; or c) for the Contractor to remedy non - compliance in the case of such non - compliance with the 1 provisions of the Contract by the Contractor. The Contractor shall not be entitled to any compensation for suspension of the Work in these circumstances. .16 The Owner has the right to terminate the Contract for wilful or persistent violation by the Contractor or its workers of the Occupational Health and Safety Act legislation and regulations, Workplace 1 Safety and Insurance Board Act, and Regulation 309 of the Environmental Protection Act. .17 If the Contract Administrator determines that any worker employed on the Work is incompetent, as ' defined by the Occupational Health and Safety Act, or is disorderly, then the Contract Administrator shall provide written notice to the Contractor and the Contractor shall immediately remove the worker from the Working Area. Such worker shall not return to the Working Area without the prior written consent of the Contract Administrator. GC 3.02 Working Drawings s 9 .01 The Contractor shall arrange for the preparation of clearly identified and dated Working Drawings as called for by the Contract Documents. .02 The Contractor shall submit Working Drawings to the Contract Administrator with reasonable promptness and in orderly sequence so as to not cause delay in the Work. If either the Contractor or the Contract Administrator so requests, they shall jointly prepare a schedule fixing the dates for submission and retum of Working Drawings. Working Drawings shall be submitted in printed form. At the time of submission the Contractor shall notify the Contract Administrator in writing of any deviations from the Contract requirements that exist in the Working Drawings. .03 The Contract Administrator shall review and return Working Drawings in accordance with an agreed 1 upon schedule, or otherwise, with reasonable promptness so as not to cause delay. .04 The Contract Administrator's review shall be to check for conformity to the design concept and for general arrangement only and such review shall not relieve the Contractor of responsibility for errors or omissions in the Working Drawings or of responsibility for meeting all requirements of the Contract Documents, unless a deviation on the Working Drawings has been approved in writing by the Contract Administrator. 1 1 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 1 require to make the Working Drawings consistent with the Contract Documents and resubmit, unless otherwise directed by the Contract Administrator. When resubmitting, the Contractor shall notify the Contract Administrator in writing of any revisions other than those requested by the Contract Administrator. .06 Work related to the Working Drawings shall not proceed until the Working Drawings have been signed and dated by the Contract Administrator and marked with the words "Reviewed. Permission to construct granted." .07 The Contractor shall keep one set of the reviewed Working Drawings, marked as above, at the site at all times. GC 3.03 Right of the Contract Administrator to Modify Methods and Equipment .01 The Contractor shall, when requested in writing, make alterations in the method, Equipment, or work force at any time the Contract Administrator considers the Contractor's actions to be unsafe, or damaging to either the Work or existing facilities or the environment. .02 The Contractor shall, when requested in writing, alter the sequence of its operations on the Contract q 9 q p so as to avoid interference with work being performed by others. .03 Notwithstanding the foregoing, the Contractor shall ensure that all necessary safety precautions and 1 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 1 .01 The Contract Administrator shall provide baseline and benchmark information for the general location, alignment, and elevation of the Work. The Owner shall be responsible only for the correctness of the information provided by the Contract Administrator. GC 3.06 Extension of Contract Time .01 An application for an extension of Contract Time shall be made in writing by the Contractor to the Contract Administrator as soon as the need for such extension becomes evident and at least 15 Days prior to the expiration of the Contract Time. The application for an extension of Contract Time shall enumerate the reasons, and state the length of extension required. .02 Circumstances suitable for consideration of an extension of Contract Time include the following: a) Delays, subsection GC 3.07. b) Changes in the Work, clause GC 3.10.01. c) Extra Work, clause GC 3.10.02. 1 Page 16 Rev. Date: 11/2006 OPSS.MUNI 100 1 1 1 d) Additional Work, clause GC 3.10.03. .03 The Contract Administrator shall, in considering an application for an extension to the Contract Time, take into account whether the delays, Changes in the Work, Extra Work, or Additional Work involve a Controlling Operation. 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. .05 The terms and conditions of the Contract shall continue for such extension of Contract Time. GC 3.07 Delays .01 If the Contractor is delayed in the performance of the Work by, r a) war, blockades, and civil commotions, errors in the Contract Documents; b) an act or omission of the Owner or Contract Administrator, or anyone employed or engaged by them directly or indirectly, contrary to the provisions of the Contract Documents; c) a stop work order issued by a court or public authority, provided that such order was not issued as the result of an act or omission of the Contractor or anyone employed or engaged by the Contractor directly or indirectly; d) the Contract Administrator giving notice under subsection GC 7.10, Suspension of Work; e) abnormal inclement weather; or f) archaeological finds in accordance with subsection GC 3.15, Archaeological Finds, then the Contractor shall be reimbursed by the Owner for reasonable costs incurred by the Contractor as the result of such delay, provided that in the case of an application for an extension of Contract Time due to abnormal inclement weather, the Contractor shall, with the Contractor's application, submit evidence from Environment Canada in support of such application. Extension of Contract Time may be granted in accordance with subsection GC 3.06, Extension of Contract Time. .02 If the Work is delayed by labour disputes, strikes or lock -outs, including lock -outs decreed or recommended to its members by a recognized contractor's association, of which the Contractor is a member or to which the Contractor is otherwise bound, are beyond the Contractor's control, which ' then the Contract Time shall be extended in accordance with subsection GC 3.06, Extension of Contract Time. In no case shall the extension of Contract Time be less than the time lost as the result of the event causing the delay, unless a shorter extension is agreed to by the Contractor. The Contractor shall not be entitled to payment for costs incurred as the result of such delays unless 1 such delays are the result of actions by the Owner. .03 The Contractor shall not be entitled to payment for the cost of delays incurred as a result of a dispute between the Contractor and Owner. The Contractor shall execute the Work and may pursue resolution of the dispute in accordance with subsection GC 3.13, Claims, Negotiations, Mediations. GC 3.08 Assignment of Contract t .01 The Contractor shall not assign the Contract, either in whole or in part, without the prior written consent of the Owner. 1 1 Page 17 Rev. Date: 11/2006 OPSS.MUNI 100 1 1 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, 1 a) enter into agreements with the intended Subcontractors to require them to perform their work in accordance with the Contract Documents; and b) be as fully responsible to the Owner for acts and omissions of the Contractor's Subcontractors and of persons directly or indirectly employed by them as for acts and omissions of persons directly employed by the Contractor. .06 The Owner's consent to subcontracting by the Contractor shall not be construed to relieve the Contractor from any obligation under the Contract and shall not impose any liability upon the Owner. Nothing contained in the Contract Documents shall create a contractual relationship between a Subcontractor and the Owner. GC 3.10 Changes GC 3.10.01 Changes in the Work .01 The Owner, or the Contract Administrator where so authorized, may, by order in writing, make a Change in the Work without invalidating the Contract. The Contractor shall not be required to proceed with a Change in the Work until in receipt of a Change Order or Change Directive. Upon the receipt of such Change Order or Change Directive the Contractor shall proceed with the Change in the Work. 1 .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 GC 3.10.02 Extra Work .01 The Owner, or Contract Administrator where so authorized, may instruct the Contractor to perform Extra Work without invalidating the Contract. The Contractor shall not be required to proceed with the Extra Work until in receipt of a Change Order or Change Directive. Upon receipt of such Change Order or Change Directive the Contractor shall proceed with the Extra Work. .02 The Contractor may apply for an extension of Contract Time according to the terms of subsection GC 3.06, Extension of Contract Time. .03 Either the Owner or Contractor may initiate negotiations upwards or downwards for the payment for the Extra Work pursuant to subsection GC 3.13, Claims, Negotiations, Mediation, or payment may be made according to the conditions contained in clause GC 8.02.04, Payment on a Time and Material Basis. GC 3.10.03 Additional Work .01 The Owner, or Contract Administrator where so authorized, may request the Contractor to perform Additional Work without invalidating the Contract. If the Contractor agrees to perform Additional Work, the Contractor shall proceed with such Additional Work upon receipt of a Change Order. .02 The Contractor may apply for an extension of Contract Time according to the terms of subsection GC 3.06, Extension of Contract Time. .03 Payment for the Additional Work may be negotiated pursuant to subsection GC 3.13, Claims, Negotiations, Mediation, or payment may be made according to the conditions contained in clause GC 8.02.04, Payment on a Time and Material Basis. GC 3.11 Notices .01 Any notice permitted or required to be given to the Contract Administrator or the Superintendent in respect of the Work shall be deemed to have been given to and received by the addressee on the date of delivery if delivered by hand, email, or by facsimile transmission and on the fifth Day after the date of mailing, if sent by mail. .02 The Contractor and the Owner shall provide each other with the mail and email addresses; pager, ' cell phone, and telephone numbers; and facsimile terminal numbers for the Contract Administrator and the Superintendent at the commencement of the Work, and update as necessary. .03 In the event of an emergency situation or other urgent matter the Contract Administrator or the Superintendent may give a verbal notice, provided that such notice is confirmed in writing within 2 Days. .04 Any notice permitted or required to be given to the Owner or the Contractor shall be given in accordance with the notice provision of the Contract. GC 3.12 Use and Occupancy of the Work Prior to Substantial Performance .01 Where it is not contemplated elsewhere in the Contract Documents, the Owner may use or occupy the Work or any part thereof prior to Substantial Performance, provided that at least 30 Days written notice has been given to the Contractor. .02 The use or occupancy of the Work or any part thereof by the Owner prior to Substantial Performance shall not constitute an acceptance of the Work or parts so occupied. In addition, the use or occupancy of the Work shall not relieve the Contractor or the Contractor's Surety from any liability that has arisen, or may arise, from the performance of the Work in accordance with the Contract 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 GC 3.13.01 Continuance of the Work 1 .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 1 .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. 1 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. 1 .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: 1 a) identify the item or items in respect of which the claim arises; b) state the grounds, contractual or otherwise, upon which the claim is made; and 1 c) include the Records maintained by the Contractor supporting such claim. In exceptional cases, the 30 Days may be increased to a maximum of 90 Days with approval in writing from the Contract Administrator. .04 Within 30 Days of the receipt of the Contractor's detailed claim, the Contract Administrator may request the Contractor to submit any further and other particulars as the Contract Administrator considers necessary to assess the claim. The Contractor shall submit the requested information within 30 Days of receipt of such request. 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 1 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 1 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 1 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. 1 .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 1 dispute. Such payment shall be made according to the terms of Section GC 8.0, Measurement and Payment. GC 3.13.07 Rights of Both Parties .01 It is agreed that no action taken under subsection GC 3.13, Claims, Negotiations, Mediation, by either party shall be construed as a renunciation or waiver of any of the rights or recourse available to the parties, provided that the requirements set out in this subsection are fulfilled. GC 3.14 Arbitration GC 3.14.01 Conditions of Arbitration .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 1 .02 Notification that arbitration shall be implemented to resolve the issue shall be communicated in writing as soon as possible and no later than 60 Days following the opinion given in paragraph GC 3.13.03.05. Where the use of a third party mediator was implemented, notification shall be within 120 Days of the opinion given in paragraph GC 3.13.03.05. 1 .03 The parties shall be bound by the decision of the arbitrator. .04 The rules and procedures of the Arbitration Act, 1991, S.O. 1991, c.17, as amended, shall apply to 1 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 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 1 .01 The arbitrator shall be mutually agreed upon by the Owner and Contractor to adjudicate the dispute. .02 Where the Owner and Contractor cannot agree on a sole arbitrator within 30 Days of the notification 1 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. 1 .05 The arbitrator may appoint independent experts and any other persons to assist him or her. .06 The arbitrator is not bound by the rules of evidence that govern the trial of cases in court but may 1 hear and consider any evidence that the arbitrator considers relevant. .07 The hearing shall commence within 90 Days of the appointment of the arbitrator. GC 3.14.04 Costs .01 The arbitrator's fee shall be equally shared by the Owner and the Contractor. 1 .02 The fees of any independent experts and any other persons appointed to assist the arbitrator shall be shared equally by the Owner and the Contractor. 1 Page 22 Rev. Date: 11/2006 OPSS.MUNI 100 1 1 .03 The arbitration hearing shall be held in a place mutually agreed upon by both parties or in the event the parties do not agree, a site shall be chosen by the arbitrator. The cost of obtaining appropriate facilities shall be shared equally by the Owner and the Contractor. 1 .04 The arbitrator may, in his or her discretion, award reasonable costs, related to the arbitration. GC 3.14.05 The Decision 1 .01 The reasoned decision shall be made in writing within 90 Days of the conclusion of the hearing. An extension of time to make a decision may be granted with consent of both parties. Payment shall be ' made in accordance with clause GC 3.13.06, Payment. GC 3.15 Archaeological Finds .01 If the Contractor's operations expose any items that may indicate an archaeological find, such as building remains, hardware, accumulations of bones, pottery, or arrowheads, the Contractor shall immediately notify the Contract Administrator and suspend operations within the area identified by the Contract Administrator. Notification may be verbal provided that such notice is confirmed in writing within 2 Days. Work shall remain suspended within that area until otherwise directed by the Contract Administrator in writing, in accordance with subsection GC 7.10, Suspension of Work. 1 .02 Any delay in the completion of the Contract that is caused by such a suspension of Work shall be considered to be beyond the Contractor's control in accordance with paragraph GC 3.07.01. .03 Any work directed or authorized in connection with an archaeological find shall be considered as Extra Work in accordance with clause GC 3.10.02, Extra Work. .04 The Contractor shall take all reasonable action to minimize additional costs that may accrue as a result of any work stoppage. 1 1 1 1 1 1 1 1 Page 23 Rev. Date: 11/2006 OPSS.MUNI 100 1 1 SECTION GC 4.0 - OWNER'S RESPONSIBILITIES AND RIGHTS 1 GC 4.01 Working Area .01 The Owner shall acquire all property rights that are deemed necessary by the Owner for the construction of the Work, including temporary working easements, and shall indicate the full extent of the Working Area on the Contract Drawings. .02 The Geotechnical Report and Subsurface Report that may be provided by the Owner as part of the tender documents shall form part of the Contract Drawings. GC 4.02 Approvals and Permits 1 .01 The Owner shall pay for all plumbing and building permits. .02 The Owner shall obtain and pay for all permits, licences, and certificates solely required for the design of the Work. GC 4.03 Management and Disposition of Materials 1 .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 111 management and disposition. .02 In accordance with regulations under the Occupational Health and Safety Act, R.S.O. 1990, c.O.1, as amended, the Owner advises that, 1 a) the designated substances silica, lead, and arsenic are generally present throughout the Working Area occurring naturally or as a result of vehicle emissions; b) the designated substance asbestos may be present in cement products, asphalt, and conduits for Utilities; c) the following hazardous materials are ordinarily present in construction activities: limestone, gypsum, marble, mica, and Portland cement; and d) exposure to these substances may occur as a result of activities by the Contractor such as sweeping, grinding, crushing, drilling, blasting, cutting, and abrasive blasting. .03 The Owner shall identify in the Contract Documents any designated substances or hazardous materials other than those identified above and their location in the Working Area. .04 If the Owner or Contractor discovers or is advised of the presence of designated substances or hazardous materials that are in addition to those listed in paragraph GC 4.03.02, or not clearly identified in the Contract Documents according to paragraph GC 4.03.03, then verbal notice shall be provided to the other party immediately with written confirmation within 2 Days. The Contractor shall stop work in the area immediately and shall determine the necessary steps required to complete the work in accordance with applicable legislation and regulation. .05 The Owner shall be responsible for any reasonable additional costs of removing, managing and disposing of any material not identified in the Contract Documents, or where conditions exist that could not have been reasonably foreseen at the time of tendering. All work under this paragraph shall be deemed to be Extra Work. 1 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 products controlled under the Workplace Hazardous Materials Information System (WHMIS), that the Owner may supply or use on the Contract, together with copies of the Materials Safety Data Sheets for these products. All containers used in the application of products controlled under WHMIS shall be labelled. The Owner shall notify the Contractor in writing of changes to the list and provide relevant Material Safety Data Sheets. 1 GC 4.04 Construction Affecting Railway Property .01 The Owner shall pay the costs of all flagging and other traffic control measures required and 1 provided by the railway company unless such costs are solely a function of the Contractor's chosen method of completing the Work. .02 Every precaution shall be taken by the Contractor to protect all railway property at track crossings; or 1 otherwise, on which construction operations are to take place in accordance with the terms of this Contract. .03 The Contractor shall be required to conduct the construction operations in such a manner as to avoid a possibility of damaging any railway property in the vicinity of the works. Every reasonable precaution shall be taken by the Contractor to ensure the safety of the workers, Subcontractors, and Equipment, as well as railway property throughout the duration of the Contract. 1 GC 4.05 Default by the Contractor .01 If the Contractor fails to commence the Work within 14 Days of a formal order to commence work signed by the Contract Administrator or, upon commencement of the Work, should neglect to prosecute the Work properly or otherwise fails to comply with the requirements of the Contract and, if the Contract Administrator has given a written statement to the Owner and Contractor that ' sufficient cause exists to justify such action, the Owner may, without prejudice to any other right or remedy the Owner may have, notify the Contractor in writing that the Contractor is in default of the Contractor's contractual obligations and instruct the Contractor to correct the default in the 5 Working Days immediately following the receipt of such notice. 1 .02 If the Contractor is adjudged bankrupt, or makes a general assignment for the benefit of creditors because of the Contractor's insolvency or if a receiver is appointed because of the Contractor's insolvency, the Owner may, without prejudice to any other right or remedy the Owner may have, by giving the Contractor or receiver or trustee in bankruptcy notice in writing, terminate the Contract. GC 4.06 Contractor's Right to Correct a Default .01 The Contractor shall have the right within the 5 full Working Days following the receipt of a notice of default to correct the default and provide the Owner with satisfactory proof that appropriate corrective measures have been taken. .02 If the correction of the default cannot be completed within the 5 full Working Days following receipt of the notice, the Contractor shall not be in default if the Contractor, a) commences the correction of the default within the 5 full Working Days following receipt of the notice; b) provides the Owner with an acceptable schedule for the progress of such correction; and c) completes the correction in accordance with such schedule. 1 1 Page 25 Rev. Date: 11/2006 OPSS.MUNI 100 1 1 GC 4.07 Owner's Right to Correct Default 1 .01 If the Contractor fails to correct the default within the time specified in subsection GC 4.06, Contractor's Right to Correct a Default, or subsequently agreed upon, the Owner, without prejudice to any other right or remedy the Owner may have, may correct such default and deduct the cost thereof, as certified by the Contract Administrator, from any payment then or thereafter due to the Contractor. GC 4.08 Termination of Contractor's Right to Continue the Work .01 Where the Contractor fails to correct a default within the time specified in subsection GC 4.06, Contractor's Right to Correct a Default, or subsequently agreed upon, the Owner, without prejudice to any other right or remedy the Owner may have, may terminate the Contractor's right to continue the Work in whole or in part by giving written notice to the Contractor. .02 If the Owner terminates the Contractor's right to continue with the Work in whole or in part, the Owner shall be entitled to, a) take possession of the Working Area or that portion of the Working Area devoted to that part of 1 the Work terminated; b) use the Equipment of the Contractor and any Material within the Working Area that is intended to be incorporated into the Work, the whole subject to the right of third parties; c) withhold further payments to the Contractor with respect to the Work or the portion of the Work withdrawn from the Contractor until the Work or portion thereof withdrawn is completed; d) charge the Contractor the additional cost over the Contract price of completing the Work or portion thereof withdrawn from the Contractor, as certified by the Contract Administrator and any additional compensation paid to the Contract administrator for such additional service arising from the correction of the default; e) charge the Contractor a reasonable allowance, as determined by the Contract Administrator, to cover correction to the Work performed by the Contractor that may be required under subsection GC 7.16, Warranty; f) charge the Contractor for any damages the Owner sustained as a result of the default; and 1 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. 1 GC 4.09 Final Payment to Contractor .01 If the Owner's cost to correct and complete the Work in whole or in part is less than the amount withheld from the Contractor under subsection GC 4.08, Termination of Contractor's Right to Continue the Work, the Owner shall pay the balance to the Contractor as soon as the final accounting for the Contract is complete. GC 4.10 Termination of the Contract .01 Where the Contractor is in default of the Contract the Owner may, without prejudice to any other right or remedy the Owner may have, terminate the Contract by giving written notice of termination to the Contractor, the Surety, and any trustee or receiver acting on behalf of the Contractor's estate or creditors. 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 or receiver with a complete accounting to the date of termination. GC 4.11 Continuation of Contractor's Obligations .01 The Contractor's obligation under the Contract as to quality, correction, and warranty of the Work performed prior to the time of termination of the Contract or termination of the Contractor's right to continue with the Work in whole or in part shall continue to be in force after such termination. GC 4.12 Use of Performance Bond ' .01 If the Contractor is in default of the Contract and the Contractor has provided a Performance Bond, the provisions of Section GC 4.0, Owner's Responsibilities and Rights, shall be exercised in accordance with the conditions of the Performance Bond. GC 4.13 Payment Adjustment .01 If any situation should occur in the performance of the Work that would result in a Change in the Work, the Owner shall be entitled to an adjustment and those adjustments shall be managed in accordance with subsection GC 3.10.01, Changes in the Work. 1 1 1 1 1 1 1 1 1 1 1 Page 27 Rev. Date: 11/2006 OPSS.MUNI 100 1 1 SECTION GC 5.0 - MATERIAL GC 5.01 Supply of Material .01 All Material necessary for the proper completion of the Work, except that listed as being supplied by the Owner, shall be supplied by the Contractor. The Contract price for the appropriate tender items shall be deemed to include full compensation for the supply of such Material. GC 5.02 Quality of Material .01 All Material supplied by the Contractor shall be new, unless otherwise specified in the Contract Documents. .02 Material supplied by the Contractor shall conform to the requirements of the Contract. .03 As specified in the Contract Documents or as requested by the Contract Administrator, the Contractor shall make available, for inspection or testing, a sample of any Material to be supplied by the Contractor. .04 The Contractor shall obtain for the Contract Administrator the right to enter onto the premises of the Material manufacturer or supplier to carry out such inspection, sampling, and testing as specified in the Contract Documents or as requested by the Contract Administrator. 1 .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. 1 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 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 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. 1 .03 If the proposed substitution is approved by the Contract Administrator, the Contractor shall be entitled to the first $1,000 of the aggregate saving in cost by reason of such substitution and to 50% of any additional saving in cost in excess of such $1,000. Each such approval shall be conveyed to the Contractor in writing or by issuance of a Certificate of Equality on the Owner's standard form of "Certification of Equality" and, if any adjustment to the Contract price is made by reason of such substitution, a Change Order shall be issued as well. GC 5.05 Owner Supplied Material GC 5.05.01 Ordering of Excess Material .01 Where Material is supplied by the Owner and where this Material is ordered by the Contractor in excess of the amount specified to complete the Work, such excess Material shall become the 1 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 1 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 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 1 Contractor and such Material shall be at the risk of the Contractor after taking delivery. Such Material shall not, except with the written permission of the Contract Administrator, be used by the Contractor for purposes other than the performance of the Work under the Contract. .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 SECTION GC 6.0 - INSURANCE, PROTECTION AND DAMAGE GC 6.01 Protection of Work, Persons and Property .01 The Contractor, the Contractor's agents, and all workers employed by or under the control of the Contractor, including Subcontractors, shall protect the Work, persons, and property from damage or injury. The Contractor shall be responsible for all losses and damage that may arise as the result of the Contractor's operations under the Contract, unless indicated to the contrary below. ' .02 The Contractor is responsible for the full cost of any necessary temporary protective work or works and the restoration of all damage where the Contractor damages the Work or property in the performance of the Contract. If the Contractor is not responsible for the damage that occurs to the Work or property, the Contractor shall restore such damage, and such work and payment shall be 1 administered according to these General Conditions. .03 The Contractor shall immediately inform the Contract Administrator of all damage and injuries that occur during the term of the Contract. The Contractor shall then investigate and report back to the Contract Administrator within 15 Days of occurrence of incident, or as soon as possible. .04 The Contractor shall not be responsible for loss and damage that occurs as a result of, 1 a) war; b) blockades and civil commotions; 1 c) errors in the Contract Documents; or d) acts or omissions of the Owner, the Contract Administrator, their agents and employees, or others not under the control of the Contractor, but within the Working Area with the Owner's permission. .05 The Contractor and the Contractor's Surety shall not be released from any term or provision of any responsibility, obligation, or liability under the Contract or waive or impair any of the rights of the Owner, except by a release duly executed by the Owner. GC 6.02 Indemnification .01 The Contractor shall indemnify and hold harmless the Owner and the Contract Administrator, their elected officials, agents, officers, and employees from and against all claims, demands, losses, expenses, costs, damages, actions, suits, or proceedings by third parties, hereinafter called "claims ", directly or indirectly arising or alleged to arise out of the performance of or the failure to perform the Work, provided such claims are, 1 a) attributable to bodily injury, sickness, disease, or death or to damage to or destruction of tangible property; b) caused by negligent acts or omissions of the Contractor or anyone for whose acts the Contractor may be liable; and ' c) made in writing within a period of 6 years from the date of Substantial Performance of the Work as set out in the Certificate of Substantial Performance of the Work or, where so specified in the Contract Documents, from the date of certification of Final Acceptance. 1 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, 1 royalties or fees for the infringement of any patented invention or copyright occasioned by the Contractor in connection with the Work performed or Material fumished by the Contractor under the 1 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. 1 GC 6.03 Contractor's Insurance GC 6.03.01 General .01 Without restricting the generality of subsection GC 6.02, Indemnification, the Contractor shall provide, maintain, and pay for the insurance coverages listed under clauses GC 6.03.02 and GC 6.03.03. Insurance coverage in clauses GC 6.03.04, GC 6.03.05, and GC 6.03.06 shall only apply when so specified in the Contract Documents. .02 The Contractor shall provide the Contract Administrator with an original Certificate of Insurance for each type of insurance coverage that is required by the Contract Documents. The Contractor shall ensure that the Contract Administrator is, at all times in receipt of a valid Certificate of Insurance for each type of insurance coverage, in such amounts as specified in the Contract Documents. The Contractor will not be permitted to commence work until the Contract Administrator is in receipt of such proof of insurance. The Contract Administrator may withhold payments of monies due to the Contractor until the Contractor has provided the Contract Administrator with original valid Certificates of Insurance as required by the provisions of the Contract Documents. GC 6.03.02 General Liability Insurance .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 Tess than five million dollars inclusive per occurrence for bodily injury, death, and damage to property including Toss 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, 111 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. 1 .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 Tess than 30 Days written notice in advance of cancellation, change or amendment restricting coverage. 1 .07 "Claims Made" insurance policies shall not be permitted. GC 6.03.03 Automobile Liability Insurance .01 Automobile liability insurance in respect of licensed vehicles shall have limits of not less than five million dollars inclusive per occurrence for bodily injury, death and damage to property, in the following forms endorsed to provide the Owner with not less than 30 Days written notice in advance of any cancellation, change, or amendment restricting coverage: a) standard non -owned automobile policy including standard contractual liability endorsement, and b) standard owner's form automobile policy providing third party liability and accident benefits insurance and covering licensed vehicles owned or operated by the Contractor. 1 GC 6.03.04 Aircraft and Watercraft Liability Insurance GC 6.03.04.01 Aircraft Liability Insurance 1 .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 Tess than 30 Days written notice in advance of cancellation, change, or amendment restricting coverage. 6.03.04.02 Watercraft Liability Insurance ' .01 Watercraft liability insurance with respect to owned or non -owned watercraft used directly or indirectly in the performance of the Work, including use of additional premises, shall be subject to limits of not Tess 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 Tess than 30 Days written notice in advance of cancellation, change, or amendment restricting coverage. 1 GC 6.03.05 Property and Boiler Insurance GC 6.03.05.01 Property Insurance .01 All risks property insurance shall be in the name of the Contractor, with the Owner and the Contract Administrator named as additional insureds, insuring not less than the sum of the amount of the Contract price and the full value, as may be stated in the Contract Documents, of Material that is specified to be provided by the Owner for incorporation into the Work, with a deductible not exceeding 1% of the amount insured at the site of the Work. This insurance shall be in a form acceptable to the Owner and shall be maintained continuously until 10 Days after the date of Final Acceptance of the Work, as set out in the Final Acceptance Certificate. 1 1 Page 33 Rev. Date: 11/2006 OPSS.MUNI 100 1 1 GC 6.03.05.02 Boiler Insurance 1 .01 Boiler insurance insuring the interests of the Contractor, the Owner and the Contract Administrator for not Tess than the replacement value of boilers and pressure vessels forming part of the Work, shall be in a form acceptable to the Owner. This insurance shall be maintained continuously from commencement of use or operation of the property insured until 10 Days after the date of Final Acceptance of the Work, as set out in the Final Acceptance Certificate. GC 6.03.05.03 Use and Occupancy of the Work Prior to Completion .01 Should the Owner wish to use or occupy part or all of the Work prior to Substantial Performance, the Owner shall give 30 Days written notice to the Contractor of the intended purpose and extent of such use or occupancy. Prior to such use or occupancy, the Contractor shall notify the Owner in writing of the additional premium cost, if any, to maintain property and boiler insurance, which shall be at the Owner's expense. If because of such use or occupancy the Contractor is unable to provide coverage, the Owner upon written notice from the Contractor and prior to such use or occupancy shall provide, maintain, and pay for property and boiler insurance insuring the full value of the Work, including coverage for such use or occupancy, and shall provide the Contractor with proof of such insurance. The Contractor shall refund to the Owner the uneamed premiums applicable to the Contractor's policies upon termination of coverage. .02 The policies shall provide that, in the event of a Toss or damage, payment shall be made to the Owner and the Contractor as their respective interests may appear. The Contractor shall act on behalf of both the Owner and the Contractor for the purpose of adjusting the amount of such loss or damage payment with the insurers. When the extent of the loss or damage is determined, the Contractor shall proceed to restore the Work. Loss or damage shall not affect the rights and obligations of either party under the Contract, except that the Contractor shall be entitled to such reasonable extension of Contract Time relative to the extent of the loss or damage as the Contract Administrator may decide in consultation with the Contractor. 1 GC 6.03.05.04 Payment for Loss or Damage .01 The Contractor shall be entitled to receive from the Owner, in addition to the amount due under the Contract, the amount at which the Owner's interest in restoration of the Work has been appraised, such amount to be paid as the restoration of the Work proceeds, and in accordance with the requirements of Section GC 8.0, Measurement and Payment. In addition, the Contractor shall be entitled to receive from the payments made by the insurers the amount of the Contractor's interest in the restoration of the Work. .02 The Contractor shall be responsible for deductible amounts under the policies, except where such amounts may be excluded from the Contractor's responsibility by the terms of this Contract. .03 In the event of a loss or damage to the Work arising from the action or omission of the Owner or others, the Owner shall pay the Contractor the cost of restoring the Work as the restoration of the Work proceeds and in accordance with the requirements of Section GC 8.0, Measurement and Payment. 1 1 1 1 Page 34 Rev. Date: 11/2006 OPSS.MUNI 100 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 the broker. .04 Where a policy is renewed, the Contractor shall provide the Owner, on a form acceptable to the Owner, renewed proof of insurance immediately following completion of renewal. .05 Unless specified otherwise, the Contractor shall be responsible for the payment of deductible amounts under the policies. .06 If the Contractor fails to provide or maintain insurance as required in subsection GC 6.03, Contractor's Insurance, or elsewhere in the Contract Documents, then the Owner shall have the right to provide and maintain such insurance and give evidence thereof to the Contractor. The Owner's cost thereof shall be payable by the Contractor to the Owner on demand. .07 If the Contractor fails to pay the cost of the insurance placed by the Owner within 30 Days of the date on which the Owner made a formal demand for reimbursement of such costs, the Owner may deduct the costs thereof from monies which are due or may become due to the Contractor. GC 6.04 Bonding .01 The Contractor shall provide the Owner with the surety bonds in the amount required by the tender 1 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 Page 35 Rev. Date: 11/2006 OPSS.MUNI 100 1 1 GC 6.05 Workplace Safety and Insurance Board 1 .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 111 follows: a) Immediately prior to the Contract Administrator authorizing the Contractor to commence Work. b) Prior to issue of the Certificate of Substantial Performance. c) Prior to expiration of the Warranty Period. 1 d) At any other time when requested by the Contract Administrator. 1 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. 1 .02 The Contractor shall not commence the Work nor deliver anything to the Working Area until the Contractor has received a written order to commence the Work, signed by the Contract ' Administrator. .03 The Contractor shall have complete control of the Work and shall effectively direct and supervise the Work so as to ensure conformity with the Contract Documents. The Contractor shall be responsible ' for construction means, methods, techniques, sequences, and procedures and for coordinating the various parts of the Work. .04 The Contractor shall provide adequate labour, Equipment, and Material to ensure the completion of the Contract in accordance with the Contract Documents. The Work shall be performed as vigorously and as continuously as weather conditions or other interferences may permit. ' .05 The Contractor shall have the sole responsibility for the design, erection, operation, maintenance, and removal of temporary structures and other temporary facilities and the design and execution of construction methods required in their use. ' .06 Notwithstanding paragraph GC 7.01.05, where the Contract Documents include designs for temporary structures and other temporary facilities or specify a method of construction in whole or part, such facilities and methods shall be considered to be part of the design of the Work, and the ' Contractor shall not be held responsible for that part of the design or the specified method of construction. The Contractor shall, however, be responsible for the execution of such design or specified method of construction in the same manner that the Contractor is responsible for the execution of the Work. .07 The Contractor shall execute the terms of the Contract in strict compliance with the requirements of the Occupational Health and Safety Act, R.S.O. 1990, c.O.1, as amended, (the "Act ") and Ontario Regulation 213/91, as amended, (that regulates Construction Projects) and any other regulations as ' amended under the Act (the "Regulations ") that may affect the performance of the Work, as the "Constructor" or "employer," as defined by the Act, as the case may be. The Contractor shall ensure that: 1 a) worker safety is given first priority in planning, pricing, and performing the Work; b) its officers and supervisory employees have a working knowledge of the duties of a ' "Constructor" and "employer" as defined by the Act and the provisions of the Regulations applicable to the Work, and a personal commitment to comply with them; c) a copy of the most current version of the Act and the Regulations are available at the Contractor's office within the Working Area, or, in the absence of an office, in the possession of the supervisor responsible for the performance of the Work; ' d) workers employed to carry out the Work possess the knowledge, skills, and protective devices required by law or recommended for use by a recognized industry association to allow them to work in safety; e) its supervisory employees carry out their duties in a diligent and responsible manner with due consideration for the health and safety of the workers; and 1 Page 37 Rev. Date: 11/2006 OPSS.MUNI 100 1 f) all Subcontractors and their workers are properly protected from injury while they are at the 1 Work Area. .08 The Contractor, when requested, shall provide the Owner with a copy of its health and safety policy and program at the pre -start meeting and shall respond promptly to requests from the Owner for confirmation that its methods and procedures for carrying out the Work comply with the Act and Regulations. The Contractor shall cooperate with representatives of the Owner and the inspectors appointed to enforce the Act and the Regulations in any investigations of worker health and safety in the performance of the Work. The Contractor shall indemnify and save the Owner harmless from any additional expense that the Owner may incur to have the Work performed as a result of the Contractor's failure to comply with the requirements of the Act and the Regulations. 1 .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. 111 .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. 1 .12 The Contractor shall, at no additional cost to the Owner, furnish all reasonable aid, facilities, and assistance required by the Contract Administrator for the proper inspection and examination of the Work or the taking of measurements for the purpose of payment. .13 The Contractor shall prepare and update, as required, a construction schedule of operations, indicating the proposed methods of construction and sequence of work and the time the Contractor proposes to complete the various items of work within the time specified in the Contract Documents. The schedule shall be submitted to the Contract Administrator within 14 Days from the Contract award. If the Contractor's schedule is materially affected by changes, the Contractor shall submit an updated construction schedule, if requested by the Contract Administrator, within 7 Days of the request. This updated schedule shall show how the Contractor proposes to perform the balance of the Work, so as to complete the Work within the time specified in the Contract Documents. .14 Where the Contractor finds any error, inconsistency, or omission relating to the Contract, the Contractor shall promptly report it to the Contract Administrator and shall not proceed with the activity affected until receiving direction from the Contract Administrator. .15 The Contractor shall promptly notify the Contract Administrator in writing if the subsurface conditions 1 observed in the Working Area differ materially from those indicated in the Contract Documents. 1 1 Page 38 Rev. Date: 11/2006 OPSS.MUNI 100 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 Contractors forces during construction if the stake out locations are within the tolerances given in paragraph GC 2.01.01 a). ' GC 7.02 Layout .01 Prior to commencement of construction, the Contract Administrator and the Contractor shall locate on site those property bars, baselines, and benchmarks that are necessary to delineate the Working ' Area and to lay out the Work, all as shown on the Contract Drawings. .02 The Contractor shall be responsible for the preservation of all property bars while the Work is in progress, except those property bars that must be removed to facilitate the Work. Any other ' property bars disturbed, damaged, or removed by the Contractor's operations shall be replaced under the supervision of an Ontario Land Surveyor, at the Contractor's expense. .03 At no extra cost to the Owner, the Contractor shall provide the Contract Administrator with such ' materials and devices as may be necessary to lay out the baseline and benchmarks, and as may be necessary for the inspection of the Work. ' .04 The Contractor shall provide qualified personnel to lay out and establish all lines and grades necessary for construction. The Contractor shall notify the Contract Administrator of any layout work carried out, so that the same may be checked by the Contract Administrator. .05 The Contractor shall install and maintain substantial alignment markers and secondary benchmarks as may be required for the proper execution of the Work. The Contractor shall supply one copy of all alignment and grade sheets to the Contract Administrator. .06 The Contractor shall assume full responsibility for alignment, elevations, and dimensions of each and all parts of the Work, regardless of whether the Contractor's layout work has been checked by the Contract Administrator. .07 All stakes, marks, and reference points shall be carefully preserved by the Contractor. In the case of their destruction or removal, such stakes, marks, and reference points shall be replaced at the Contractor's expense. .08 Benchmarks and survey monuments identified in the Contract Documents shall be protected by the Contractor. In the case of their destruction or removal, such benchmarks and survey monuments I shall be replaced by the Owner at the Contractor's expense. .03 Working Area .01 The Contractor's sheds, site offices, toilets, other temporary structures, and storage areas for Material and Equipment shall be grouped in a compact manner and maintained in a neat and orderly condition at all times. .02 The Contractor shall confine the construction operations to the Working Area. Should the Contractor require more space than that shown on the Contract Drawings, the Contractor shall obtain such space at no additional cost to the Owner. 1 1 Page 39 Rev. Date: 11/2006 OPSS.MUNI 100 1 1 .03 The Contractor shall not enter upon or occupy any private property for any purpose, unless the Contractor has received prior written permission from the property owner. GC 7.04 Damage by Vehicles or Other Equipment 1 .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. 1 GC 7.05 Excess Loading of Motor Vehicles .01 Where a vehicle is hauling Material for use on the Work, in whole or in part; upon a Highway; and where motor vehicle registration is required for such vehicle, the Contractor shall not cause or permit such vehicle to be loaded beyond the legal limit specified in the Highway Traffic Act, R.S.O. 1990, c.H.8, as amended, whether such vehicle is registered in the name of the Contractor or otherwise, except where there are designated areas within the Working Area where overloading is permitted. The Contractor shall bear the onus of weighing disputed loads. GC 7.06 Condition of the Working Area ' .01 The Contractor shall maintain the Working Area in a tidy condition and free from the accumulation of debris and prevent dust nuisance, mud, and ponding water, other than that caused by the Owner or others. 1 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 111 the Owner, be responsible for providing and maintaining for the duration of the Work an alternative route for both pedestrian and vehicular traffic through the Working Area in accordance with the OTM, whether along the existing Highway under construction or on a detour road beside or adjacent to the Highway under construction. .03 Subject to the approval of the Contract Administrator, the Contractor may block traffic for short periods of time to facilitate construction of the Work in accordance with the OTM. Any temporary lane closures shall be kept to a minimum. .04 The Contractor shall not be required to maintain a road through the Working Area until such time as the Contractor has commenced operations or during seasonal shut down or on any part of the Contract that has been accepted in accordance with these General Conditions. The Contractor shall not be required to apply de -icing chemicals or abrasives or carry out snowplowing. .05 Where localized and separated sections of the Highway are affected by the Contractor's operations, the Contractor shall not be required to maintain intervening sections of the Highway until such times as these sections are located within the limits of the Highway affected by the Contractor's general operations under the Contract. .06 Where the Contract Documents provide for or the Contract Administrator requires detours at specific locations, payment for the construction of the detours and, if required, for the subsequent removal of the detours, shall be made at the Contract prices appropriate to such work. 1 1 Page40 Rev. Date: 11/2006 OPSS.MUNI 100 1 .07 Compensation for all labour, Equipment, and Materials to do this Work shall be at the Contract prices appropriate to the Work and, where there are no such prices, at negotiated prices. Notwithstanding the foregoing, the cost of blading required to maintain the surface of such roads and detours shall be deemed to be included in the prices bid for the various tender items and no additional payment shall be made. .08 Where work under the Contract is discontinued for any extended period, including seasonal shutdown, the Contractor shall, when directed by the Contract Administrator, open and place the Roadway and detours in a passable, safe, and satisfactory condition for public travel. .09 Where the Contractor constructs a detour that is not specifically provided for in the Contract 1 Documents or required by the Contract Administrator, the construction of the detour and, if required, the subsequent removal shall be performed at the Contractor's expense. The detour shall be constructed and maintained to structural and geometric standards approved by the Contract ' Administrator. Removal and site restoration shall be performed as directed by the Contract Administrator. .10 Where, with the prior written approval of the Contract Administrator, the Highway is closed and the ' traffic diverted entirely off the Highway to any other Highway, the Contractor shall, at no extra cost to the Owner, supply, erect, and maintain traffic control devices in accordance with the OTM. .11 Compliance with the foregoing provisions shall in no way relieve the Contractor of obligations under subsection GC 6.01, Protection of Work, Persons, and Property, dealing with the Contractor's responsibility for damage claims, except for claims arising on sections of Highway within the Working Area that are being maintained by others. GC 7.08 Access to Properties Adjoining the Work and Interruption of Utility Services 1 .01 The Contractor shall provide at all times and at no extra cost to the Owner, a) adequate pedestrian and vehicular access; and 1 b) continuity of Utility services to properties adjoining the Working Area. 1 .02 The Contractor shall provide at all times and at no extra cost to the Owner access to fire hydrants, water and gas valves, and all other Utilities located in the Working Area. ' .03 Where any interruptions in the supply of Utility services are required and are authorized by the Contract Administrator, the Contractor shall give the affected property owners notice in accordance with subsection GC 7.12, Notices by the Contractor, and shall arrange such interruptions so as to 1 create a minimum of interference to those affected. GC 7.09 Approvals and Permits .01 Except as specified in subsection GC 4.02, Approval and Permits, the Contractor shall obtain and pay for any permits, licences, and certificates, which at the date of tender closing, are required for the performance of the Work. .02 The Contractor shall arrange for all necessary inspections required by the approvals and permits specified in paragraph GC 7.09.01. 1 1 Page 41 Rev. Date: 11/2006 OPSS.MUNI 100 1 GC 7.10 Suspension of Work .01 The Contractor shall, upon written notice from the Contract Administrator, discontinue or delay any or all of the Work and work shall not be resumed until the Contract Administrator so directs in writing. Delays, in these circumstances, shall be administered according to subsection GC 3.07, Delays. GC 7.11 Contractor's Right to Stop the Work or Terminate the Contract .01 If the Owner is adjudged bankrupt or makes a general assignment for the benefit of creditors because of insolvency or if a receiver is appointed because of insolvency, the Contractor may, without prejudice to any other right or remedy the Contractor may have, by giving the Owner or receiver or trustee in bankruptcy written notice, terminate the Contract. .02 If the Work is stopped or otherwise delayed for a period of 30 Days or more under an order of a court or other public authority and provided that such order was not issued as the result of an act or fault of the Contractor or of anyone directly employed or engaged by the Contractor, the Contractor may, without prejudice to any other right or remedy the Contractor may have, by giving the Owner written notice, terminate the Contract. .03 The Contractor may notify the Owner in writing, with a copy to the Contract Administrator, that the Owner is in default of contractual obligations if, a) the Contract Administrator fails to issue certificates in accordance with the provisions of Section GC 8.0, Measurement and Payment; b) the Owner fails to pay the Contractor, within 30 Days of the due dates identified in clause GC 8.02.03, Certification and Payment, the amounts certified by the Contract Administrator or within 30 Days of an award by an arbitrator or court; or c) the Owner violates the requirements of the Contract. 1 .04 The Contractor's written notice to the Owner shall advise that if the default is not corrected in the 7 Days immediately following receipt of the written notice, the Contractor may, without prejudice to any other right or remedy the Contractor may have, stop the Work or terminate the Contract. .05 If the Contractor terminates the Contract under the conditions set out in subsection GC 7.11, the Contractor shall be entitled to be paid for all work performed according to the Contract Documents and for any losses or damage as the Contractor may sustain as a result of the termination of the Contract. GC 7.12 Notices by the Contractor r .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. 1 .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 r 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 Toss, damage, or expense occasioned thereby. ' .02 Where the obstruction is an underground Utility or other man -made object, the Contractor shall not be required to assume the risks and responsibilities arising out of such obstruction, unless the location of the obstruction is shown on the Plans or described in the Contract Documents and the ' location so shown is within the tolerance specified in paragraph GC 2.01.01 a), or unless the presence and location of the obstruction has otherwise been made known to the Contractor or could have been determined by the visual site investigation made by the Contractor in accordance with these General Conditions. .03 During the course of the Contract, it is the Contractor's responsibility to consult with Utility companies or other appropriate authorities for further information in regard to the exact location of ' these Utilities, to exercise the necessary care in construction operations, and to take such other precautions as are necessary to safeguard the Utilities from damage. GC 7.14 Limitations of Operations .01 Except for such work as may be required by the Contract Administrator to maintain the Work in a safe and satisfactory condition, the Contractor shall not carry out operations under the Contract on Saturdays, Sundays, and Statutory Holidays without permission in writing from the Contract Administrator. .02 The Contractor shall cooperate and coordinate the Work with other Contractors, Utility companies, and the Owner and they shall be allowed access to their work or plant at all reasonable times. GC 7.15 Cleaning Up Before Acceptance .01 Upon attaining Substantial Performance of the Work, the Contractor shall remove surplus materials, tools, construction machinery and equipment not required for the performance of the remaining Work. The Contractor shall also remove all temporary works and debris other than that caused by the Owner or others and leave the Work and Working Area clean and suitable for occupancy by the Owner, unless otherwise specified. .02 The Work shall not be deemed to have reached Completion until the Contractor has removed surplus materials, tools, construction machinery, and equipment. The Contractor shall also have removed debris, other than that caused by the Owner, or others. ' GC 7.16 Warranty .01 Unless otherwise specified in the Contract Documents for certain Materials or components of the Work, the Contractor shall be responsible for the proper performance of the Work only to the extent 1 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 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 1 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. 1 .03 The Contractor shall correct or pay for damage resulting from corrections made under the requirements of paragraph GC 7.16.02. GC 7.17 Contractor's Workers .01 The Contractor shall only employ orderly, competent, and skillful workers to do the Work and whenever the Contract Administrator shall inform the Contractor in writing that any worker or workers involved in the Work are, in the opinion of the Contract Administrator, incompetent, or disorderly such worker or workers shall be removed from the work and shall not be employed on the work again without the consent in writing of the Contract Administrator. GC 7.18 Drainage .01 During construction and until the Work is completed, the Contractor shall make all reasonable efforts to keep all portions of the Work properly and efficiently drained, to at least the same degree as that of the existing drainage conditions. 1 1 1 1 1 1 1 1 1 Page 44 Rev. Date: 11/2006 OPSS.MUNI 100 1 1 SECTION GC 8.0 - MEASUREMENT AND PAYMENT GC 8.01 Measurement GC 8.01.01 Quantities .01 The Contract Administrator shall make an Estimate once a month, in writing, of the quantity of Work performed. The first Estimate shall be the quantity of Work performed since the Contractor commenced the Contract, and every subsequent Estimate, except the final one, shall be of the quantity of Work performed since the preceding Estimate was made. The Contract Administrator shall provide the copy of each Estimate to the Contractor within 10 Days of the Cut -Off Date. .02 Such quantities for progress payments shall be construed and held to approximate. The final quantities for the issuance of the Completion Payment Certificate shall be based on the ' measurement of Work completed. .03 Measurement of the quantities of the Work performed may be either by Actual Measurement or by Plan Quantity principles as indicated in the Contract. Adjustments to Plan Quantity measurements ' shall normally be made using Plan Quantity principles but may, where appropriate, be made using Actual Measurements. Those items identified on the Tender by the notation (P) in the unit column shall be paid according to the Plan Quantity. Items where the notation (P) does not occur shall be paid according to Actual Measurement or lump sum. GC 8.01.02 Variations in Tender Quantities ' .01 Where it appears that the quantity of Work to be done or Material to be supplied or both by the Contractor under a unit price tender item may exceed or be less than the tender quantity, the Contractor shall proceed to do the Work or supply the Material or both required to complete the tender item and payment shall be made for the actual amount of Work done or Material supplied or both at the unit prices stated in the Tender except as provided below: a) In the case of a Major Item where the quantity of Work performed or Material supplied or both by the Contractor exceeds the tender quantity by more than 15 %, either party to the Contract may make a written request to the other party to negotiate a revised unit price for that portion of the Work performed or Material supplied or both which exceeds 115% of the tender quantity. The negotiation shall be carried out as soon as reasonably possible. Any revision of the unit price ' shall be based on the actual cost of doing the Work or supplying the Material or both under the tender item plus a reasonable allowance for profit and applicable overhead. b) In the case of a Major Item where the quantity of Work performed or Material supplied or both by ' the Contractor is less than 85% of the tender quantity, the Contractor may make a written request to negotiate for the portion of the actual overheads and fixed costs applicable to the amount of the underrun in excess of 15% of the tender quantity. For purposes of the ' negotiation, the overheads and fixed costs applicable to the item are deemed to have been prorated uniformly over 100% of the tender quantity for the item. Overhead costs shall be confirmed by a statement certified by the Contractor's senior financial officer or auditor and may be audited by the Owner. Altematively, where both parties agree, an allowance equal to 10% of the unit price on the amount of the underrun in excess of 15% of the tender quantity shall be paid. Written requests for compensation must be received no later than 60 Days after the issuance of the Completion Payment Certificate. 1 1 Page 45 Rev. Date: 11/2006 OPSS.MUNI 100 1 1 GC 8.02 Payment 1 GC 8.02.01 Price for Work .01 Prices for the Work shall be full compensation for all labour, Equipment and Material required in its 1 performance. The term "all labour, Equipment, and Material" shall include Hand Tools, supplies, and other incidentals. .02 Payment for work not specifically detailed as part of any one item and without specified details of payment shall be deemed to be included in the items with which it is associated. GC 8.02.02 Advance Payments for Material .01 The Owner shall make advance payments for Material intended for incorporation in the Work upon the written request of the Contractor and according to the following terms and conditions: a) The Contractor shall deliver the Material to a site approved by the Contract Administrator and the Contractor shall, in advance of receipt of the shipment of the Material, arrange for adequate and proper storage facilities. b) The value of aggregates, processed and stockpiled, shall be assessed by the following 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 Toss, 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 I GC 8.02.03 Certification and Payment GC 8.02.03.01 Progress Payment Certificate 1 .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, II a) the quantities of Work performed; b) the value of Work performed; I c) any advanced payment for Material; d) the amount of statutory holdback, liens, Owner's set -off; 1 e) the amount of GST, as applicable; and f) the amount due to the Contractor. 1 .03 One copy of the progress Payment Certificate shall be sent to the Contractor. .04 Payment shall be made within 30 Days of the Cut -Off Date. GC 8.02.03.02 Certification of Subcontract Completion .01 Before the Work has reached the stage of Substantial Performance, the Contractor may notify the I Contract Administrator, in writing that a subcontract is completed satisfactorily and ask that the Contract Administrator certify the completion of such subcontract. I .02 The Contract Administrator shall issue a Certificate of Subcontract Completion, if the subcontract has been completed satisfactorily, and all required inspection and testing of the works covered by the subcontract have been carried out and the results are satisfactory. 1 .03 The Contract Administrator shall set out in the Certificate of Subcontract Completion the date on which the subcontract was completed and, within 7 Days of the date the subcontract is certified complete, the Contract Administrator shall give a copy of the certificate to the Contractor and to the Subcontractor concemed. I GC 8.02.03.03 Subcontract Statutory Holdback Release Certificate and Payment I .01 Following receipt of the Certificate of Subcontract Completion, the Owner shall release and pay the Contractor the statutory holdback retained in respect of the subcontract. Such release shall be made 46 Days after the date the subcontract was certified complete and providing the Contractor submits the following to the Contract Administrator: 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 I monies; b) evidence satisfactory to the Contract Administrator that the Subcontractor has discharged all liabilities incurred in carrying out the subcontract; 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 1 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. GC 8.02.03.05 Substantial Performance Payment and Substantial Performance Statutory Holdback Release Payment Certificates .01 When the Contract Administrator issues the Certificate of Substantial Performance, the Contract Administrator shall also issue the Substantial Performance Payment Certificate and the Substantial Performance Statutory Holdback Release Payment Certificate or where appropriate, a combined payment certificate. .02 The Substantial Performance Payment Certificate shall show, a) the value of Work performed to the date of Substantial Performance; b) the value of outstanding or incomplete Work; c) the amount of the statutory holdback, allowing for any previous releases of statutory holdback to the Contractor in respect of completed subcontracts and deliveries of pre - selected equipment; 1 Page 48 Rev. Date: 11/2006 OPSS.MUNI 100 1 1 1 d) the amount of maintenance security required; and e) the amount due the Contractor. 1 .03 Payment of the amount certified shall be made within 30 Days of the date of issuance of the payment certificate. I .04 The Substantial Performance Statutory Holdback Release Payment Certificate shall be a payment certificate releasing to the Contractor the statutory holdback due in respect of Work performed up to the date of Substantial Performance. Payment of such statutory holdback shall be due 46 Days after 1 the date of publication of the Certificate of Substantial Performance but subject to the provisions of the Construction Lien Act and the submission by the Contractor of the following documents: a) a release by the Contractor in a form satisfactory to the Contract Administrator releasing the I Owner from all further claims relating to the Contract, qualified by stated exceptions such as outstanding work or matters arising out of subsection GC 3.13, Claims, Negotiations, Mediation; b) a statutory declaration in a form satisfactory to the Contract Administrator that all liabilities I 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 d) proof of publication of the Certificate of Substantial Performance. I GC 8.02.03.06 Certification of Completion .01 Upon application by the Contractor and when the Contract Administrator has verified that the Contract has reached Completion, the Contract Administrator shall issue a Completion Certificate. I .02 The Contract Administrator shall set out in the Completion Certificate the date on which the Work was completed and, within 7. Days of signing the said certificate, the Contract Administrator shall I provide a copy to the Contractor. GC 8.02.03.07 Completion Payment and Completion Statutory Holdback Release Payment Certificates 1 .01 When the Contract Administrator issues the Completion Certificate, the Contract Administrator shall also issue the Completion Payment Certificate and the Completion Statutory Holdback Release Payment Certificate or where appropriate, a combined payment certificate. I .02 The Completion Payment Certificate shall show, I a) measurement and value of Work at Completion; b) the amount of the further statutory holdback based on the value of further work completed over and above the value of work completed shown in the Substantial Performance Payment 1 Certificate referred to above; and c) aoh Crct .03 e the Completion munt due Statuto ry ont o C r y o I Release Payment Certificate shall be a payment certificate releasing to the Contractor the further statutory holdback. Payment of such statutory holdback shall be due 46 Days after the date of Completion of the Work as established by the Completion I Certificate but subject to the provisions of the Construction Lien Act and the submission by the Contractor of the following documents: 1 Page 49 Rev. Date: 11/2006 OPSS.MUNI 100 1 a) a release by the Contractor in a form satisfactory to the Contract Administrator releasing the Owner from all further claims relating to the Contract, qualified by stated exceptions where appropriate; b) a statutory declaration in a form satisfactory to the Contract Administrator that all liabilities incurred by the Contractor and the Contractor's Subcontractors in carrying out the Contract have been discharged, qualified by stated exceptions where appropriate; and c) a satisfactory Certificate of Clearance from the Workplace Safety and Insurance Board. GC 8.02.03.08 Interest .01 Interest due the Contractor is based on simple interest and is calculated using the applicable Rate of Interest. GC 8.02.03.09 Interest for Late Payment .01 Provided the Contractor has complied with the requirements of the Contract, including all 111 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; 9 Y Y b) Certificate of Subcontract Completion: 30 Days after the date certified as the date on which the subcontract was completed; c) Subcontract Statutory Holdback Release Payment Certificate: 76 Days after the date on which the subcontract was completed; d) Substantial Performance Payment Certificate: 30 Days after the date of issuance of the certificate; 1 e) Substantial Performance Statutory Holdback Release Payment Certificate: 76 Days after publication of the Payment Certificate of Substantial Performance; f) Completion Payment Certificate: 30 Days after the date certified as the date on which the Contract reached Completion; and g) Completion Statutory Holdback Release Payment Certificate: 76 Days after the date certified as 1 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 1 Page 50 Rev. Date: 11/2006 OPSS.MUNI 100 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 1 of that part of the Work. .02 Where the Contractor does not attempt to resolve the negotiation or the claim in an expeditious manner, interest shall be negotiable. .03 Where the Contractor fails to give notice of a claim within the time limit prescribed by subsection GC 3.13, Claims, Negotiations, Mediation, interest shall not be paid. 1 .04 Where a Contractor fails to comply with the 30 Day time limit and the procedures prescribed in paragraph GC 3.13.03.03 for submission of claims, interest shall not be paid for the delay period. GC 8.02.03.11 Owner's Set -Off .01 Pursuant to Section 12 of the Construction Lien Act, the Owner may retain from monies owing to the Contractor under this Contract an amount sufficient to cover any outstanding or disputed liabilities, including the cost to remedy deficiencies, the reduction in value of substandard portions of the Work, claims for damages by third parties that have not been determined in writing by the Contractor's insurer, undetermined claims by the Owner under paragraph GC 8.01.02.01 a), any assessment due the Workplace Safety and Insurance Board, and any monies to be paid to the workers in accordance with clause GC 8.02.06, Payment of Workers. .02 Under these circumstances the Owner will give the Contractor appropriate notice of such action. GC 8.02.03.12 Delay in Payment 1 .01 The Owner shall not be deemed to be in default of the Contract provided any delay in payment does not exceed 30 Days from the due dates as defined in paragraph GC 8.02.03.09.01. GC 8.02.04 Payment on a Time and Material Basis GC 8.02.04.01 Definitions .01 For the purpose of clause GC 8.02.04 the following definitions apply: 1 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. j 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 1 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 1 insurance, public liability and property damage insurance, sickness and accident insurance, pension fund, and such other welfare and benefit payments forming part of the Contractor's normal labour costs. Rented Equipment means equipment that is rented or leased for the special purpose of Work on a Time 1 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. 1 Road Work means the preparation, construction, finishing, and construction maintenance of roads, streets, Highways, and parking lots and includes all work incidentals thereto other than work on structures. Sewer and Watermain Work means the preparation, construction, finishing, and construction maintenance of sewer systems and watermain systems, and includes all work incidental thereto other than work on structures. Standby Time means any period of time that is not considered Working Time and which together with the Working Time does not exceed 10 hours in any one Working Day and during which time a unit of equipment cannot practically be used on other work but must remain on the site in order to continue with its assigned task and during which time the unit is in fully operable condition. Structure Work means the construction, reconstruction, repair, alteration, remodelling, renovation, or demolition of any bridge, building, tunnel, or retaining wall and includes the preparation for and the laying of the foundation of any bridge, building, tunnel, or retaining wall and the installation of equipment and appurtenances incidental thereto. 1 The 127 Rate means the rate for a unit of Equipment as listed in OPSS 127, Schedule of Rental Rates for Construction Equipment, Including Model and Specification Reference, that is current at the time the work is carried out or for Equipment that is not so listed, the rate that has been calculated by the Owner, using the same principles as used in determining The 127 Rates. Work on a Time and Material Basis means Changes in the Work, Extra Work, and Additional Work approved by the Contract Administrator for payment on a Time and Material basis. The Work on a Time and Material Basis shall be subject to all the terms, conditions, Standard Specifications and provisions of the Contract. Working Time means each period of time during which a unit of Equipment is actively and of necessity engaged on a specific operation and the first 2 hours of each immediately following period during which the unit is not so engaged but during which the operation is otherwise proceeding and during which time the unit cannot practically be transferred to other work but must remain on the site in order to continue with its assigned tasks and during which time the unit is in a fully operable condition. GC 8.02.04.02 Daily Work Records 1 .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 1 Page 52 Rev. Date: 1112006 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 Administrator. GC 8.02.04.04 Payment for Labour .01 The Owner shall pay the Contractor for labour employed on each Time and Material project at 135% of the Cost of Labour up to $3,000, then at 120% of any portion of the Cost of Labour in excess of $3,000. .02 The Owner shall make payment in respect of Payroll Burden for Work on a Time and Material Basis at the Contractor's actual cost of Payroll Burden. .03 At the Owner's discretion, an audit may be conducted in which case the actual Payroll Burden so 1 determined shall be applied to all Time and Material work on the Contract. GC 8.02.04.05 Payment for Material 1 .01 The Owner shall pay the Contractor for Material used on each Time and Material project at 120% of the Cost of the Material up to $3,000, then at 115% of any portion of the Cost of Material in excess of $3,000. GC 8.02.04.06 Payment for Equipment GC 8.02.04.06.01 Working Time .01 The Owner shall pay the Contractor for the Working Time of all Equipment, other than Rented Equipment and Operated Rented Equipment, used on the Work on a Time and Material basis at The 127 Rates with a cost adjustment as follows: a) Cost $10,000 or less - no adjustment; b) Cost greater than $10,000 but not exceeding $20,000 - payment $10,000 plus 90% of the portion in excess of $10,000; and c) Cost greater than $ 20,000 - $19,000 plus 80% of the portion in excess of $20,000. .02 The Owner shall pay the Contractor for the Working Time of Rented Equipment used on the Work on a Time and Material Basis at 110% of the invoice price approved by the Contract Administrator up to a maximum of 110% of The 127 Rate. This constraint shall be waived when the Contract Administrator approves the invoice price prior to the use of the Rented Equipment. .03 The Owner shall pay the Contractor for the Working Time of Operated Rented Equipment used on the Work on a Time and Material Basis at 110% of the Operated Rented Equipment invoice price approved by the Contract Administrator prior to the use of the Equipment on the Work on a Time and Material Basis. GC 8.02.04.06.02 Standby Time .01 The Owner shall pay the Contractor for Standby Time of Equipment at 35% of The 127 Rate or 35% of the invoice price whichever is appropriate. The Owner shall pay reasonable costs for Rented Equipment where this is necessarily retained in the Working Area for extended periods agreed to by 1 Page 53 Rev. Date: 11/2006 OPSS.MUNI 100 1 the Contract Administrator. This shall include Rented Equipment intended for use on other work, but 1 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 1 the Work on Time and Material Basis to be returned to the lessor until the work requiring the equipment can be resumed. The Owner shall pay such costs as a result from such return. .04 When Equipment is transported, solely for the purpose of the Work on a Time and Material Basis, to or from the Working Area on a Time and Material basis, payment shall be made by the Owner only in respect of the transporting units. When Equipment is moved under its own power it shall be deemed to be working. The method of moving Equipment and the rates shall be subject to the approval of the Contract Administrator. GC 8.02.04.07 Payment for Hand Tools .01 Notwithstanding any other provision of this Section, no payment shall be made to the Contractor for or in respect of Hand Tools or equipment that are tools of the trade. GC 8.02.04.08 Payment for Work By Subcontractors 1 .01 Where the Contractor arranges for Work on a Time and Material Basis, or a part of it, to be performed by Subcontractors on a Time and Material basis and has received approval prior to the commencement of such work, in accordance with the requirements of subsection GC 3.09, Subcontracting by the Contractor, the Owner shall pay the cost of Work on a Time and Material Basis by the Subcontractor calculated as if the Contractor had done the Work on a Time and Material Basis, plus a markup calculated on the following basis: a) 20% of the first $3,000; plus b) 15% of the amount from $3,000 to $10,000; plus 1 c) 5% of the amount in excess of $10,000. .02 No further markup shall be applied regardless of the extent to which the work is assigned or sublet to others. If work is assigned or sublet to an associate, as defined by the Securities Act, no markup whatsoever shall be applied. GC 8.02.04.09 Submission of Invoices .01 At the start of the Work on a Time and Material Basis, the Contractor shall provide the applicable labour and Equipment rates not already submitted to the Contract Administrator during the course of such work. .02 Separate summaries shall be completed by the Contractor according to the standard form "Summary for Payment of Accounts on a Time and Material Basis." Each summary shall include the Change Directive or Change Order number and covering dates of the work and shall itemize separately the labour, Materials, and Equipment. Invoices for Materials, Rented Equipment, and other charges incurred by the Contractor on the Work on a Time and Material Basis shall be included with each summary. 1 1 Page 54 Rev. Date: 11/2006 OPSS.MUNI 100 1 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 1 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, I 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 I 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. I .03 Where any person employed by the Contractor or any Subcontractor or other person on the Work is paid less than the amount required to be paid under the Contract, the Owner may set off monies in accordance with clause GC 8.02.03.11, Owner's Set -Off. GC 8.02.07 Records .01 The Contractor shall maintain and keep accurate Records relating to the Work, Changes in the Work, Extra Work, and claims arising therefrom. Such Records shall be of sufficient detail to support the total cost of the Work, Changes in the Work, and Extra Work. The Contractor shall preserve all such original Records until 12 months after the Final Acceptance Certificate is issued or until all claims have been settled, whichever is longer. The Contractor shall require that Subcontractors employed by the Contractor preserve all original Records pertaining to the Work, Changes in the Work, Extra Work, and claims arising therefrom for a similar period of time. .02 The Owner may inspect and audit the Contractor's Records relating to the Work, Extra Work, and Changes in the Work at any time during the period of the Contract. The Contractor shall supply certified copies of any part of its Records required, whenever requested by the Owner. 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 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 1 Administrator on forms provided by the Contract Administrator to the Contractor. Such claims for additional tax costs shall be submitted not less than 30 Days after the date of Final Acceptance. .03 Where the Contractor benefits from a change in Canadian Federal or Provincial taxes, the Contractor shall submit to the Contract Administrator, on forms provided by the Contract Administrator, a statement of such benefits. This statement shall be submitted not later than 30 Days after Final Acceptance. .04 Changes in Canadian Federal or Provincial taxes that impact upon commodities, which when left in place form part of the finished Work, or the provision of services, where such services form part of the Work and where the manufacture or supply of such commodities or the provision of such services is carried out by the Contractor or a Subcontractor, are subject to a claim or benefit as detailed above. Services in the latter context means the supply and operation of equipment, the provision of labour, and the supply of commodities that do not form part of the Work. 1 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 1 Page 56 Rev. Date: 11/2006 OPSS.MUNI 100 1 1 A -1 ' AGREEMENT CONTRACT NO. 14227 1 THIS AGREEMENT MADE IN TRIPLICATE THIS 3rd DAY OF July , 2015. BETWEEN: MUNICIPALITY OF KINCARDINE (hereinafter called "the Owner ") 1475 Concession 5, R. R. 5 OF THE FIRST PART Kincardine, ON N2Z 2X6 - and - BILL & TOM KEMPTON CONSTRUCTION LTD. (hereinafter called "the Contractor ") 2966 Amberley Road, R. R. 1 OF THE SECOND PART Ripley, ON NOG 2R0 ' WITNESSETH That the Owner and the Contractor, in consideration of the fulfilment of their respective promises and obligations herein set forth covenant and agree with each other as follows: 1 ARTICLE 1 a) A description of the work is: Municipality of Kincardine, MacGregor Beach Road and Sandy Crescent Reconstruction, Contract No. 14227. 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 1 works and diligently execute the respective portions thereof and deliver the works complete in every particular to the Owner within the time specified. ARTICLE 2 In case of any inconsistency or conflict between the provisions of this Agreement and the Plans, and Specifications or General Conditions, or Tender, or any other documents or writing, the provisions of such documents shall take precedence and govern in the following order; namely, i 1 1 A -2 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 ARTICLE 3 The Contractor shall not without the consent in writing of the Owner (or the Engineer) and without restricting in any way the provisions of the General Conditions attached hereto make any assignment of any part or the whole of any monies due or to become due under the provisions of this contract. ARTICLE 4 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 Four Hundred Thirty Six Thousand, Seven Hundred Forty Six Dollars and Thirty Four Cents ($436,746.34) 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 62 North Street Goderich, ON N7A 2T4 Where any such notice, direction or other communication is given or made to the Engineer, a copy thereof shall likewise be delivered to any agent of the Engineer appointed in accordance with the General Conditions of this Contract and where any such notice, direction or other communications is given or made to such Agent, a copy thereof shall likewise be delivered to the ' Engineer. A -3 ' ARTICLE 6 A copy of each of the General Conditions, Supplemental General Conditions, Special Provisions, Addenda, Tender, Information to Bidders, and Supplemental Specifications is hereto annexed and together with the Plans relating thereto and listed in the Specifications are made part of this Contract as fully to all intents and purposes as though recited in full herein. 1 ARTICLE 7 No implied contract of any kind whatsoever by or on behalf of the Owner shall arise or be implied from anything in this contract contained, nor from any position or situation of the parties at any time, it being clearly understood that the express covenants and agreements herein ' contained made by the Owner shall be the only covenants and agreements upon which any rights against the Owner may be founded. I ARTICLE 8 Time shall be deemed the essence of this Contract. ARTICLE 9 The Contractor declares that in tendering for the works and in entering into this Contract, he has either investigated for himself the character of the work and all local conditions that might affect his tender of his acceptance of the work, or that not having so investigated, he is willing to assume and does hereby assume all risk of conditions arising or developing in the course of the ' work which might or could make the work or any items hereof, more expensive in character, or more onerous to fulfill than was contemplated or known when the tender was made or the Contract signed. The Contractor also declares that he did not and does not rely upon information ' furnished by any methods whatsoever by the Owner or its officers or employees, being aware that any information from such sources was and is approximate and speculative only, and was not in any manner warranted or guaranteed by the Owner. ARTICLE 10 The Contractor declares that in entering into this Contract, he shall uphold the obligations of the ' Ontario Human Rights Code, the Occupational Health and Safety Act, the Employment Standards Act, the Accessibility for Ontarians with Disabilities Act, the Criminal Code of ' Canada and the Charter of Rights and Freedoms. In addition, he shall uphold any obligations established by the Owner's policies which prohibit harassment/discrimination on a number of grounds including political affiliation and the level of literacy. WHERE LEGALLY MANDATED, the Contractor shall have in place the necessary policies, programs, information, instruction, plans and/or other supports that are consistent with his obligations and he shall have an internal process available for employees and service recipients to prevent, address and remedy discrimination, racism, harassment, hate and inaccessibility complaints. The Contractor agrees that he shall, upon request by the Owner, provide evidence of the policies, programs, information, instruction, plans and other supports and an appropriate internal complaint resolution process required under this Declaration which is sufficient to allow the Owner to determine compliance. The Contractor acknowledges that failure to demonstrate compliance with this declaration, to the satisfaction of the Owner, may result in the termination of the contract. 1 I A -4 I ARTICLE 11 I This contract shall apply to and be binding on the parties hereto and their successors, administrators, executors and assigns and each of them. I IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals the day and year first above written or caused their corporate seals to be affixed, attested by the signature of their proper officer, as the case may be. I I FOR THE OWNER: ,L_ - ...&...j % N _!. / /.; .//-./ � .. 5 1 Signature Name itle ate I I/We have the authority to bind the corporation. �`< N CI ‘,Le_ C .14 � 2t _S Si Name Title to I I/We have the authority to bind the corporation. 1 FOR THE CONTRACTOR: I / /71 1 4-rri p r ! e, -, I d f.yrt 4- .. 1 7.0 / S I Sign. 'r Name Title Date I/We have the authority to bind the corporation. I I Signature Name Title Date I/We have the authority to bind the corporation. I I Y:\ Project _Mgmt_Resources\Forms_Templates \Contracts \Contract Documents \A1- 4.docx Page l 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. t Accordingly, a corporate health and safety policy and procedure manual has been adopted and implemented and shall be adhered to. 1 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 I Kincardine's health and safety policies and requirements. 2. Submit a copy of past accident records and Worker's Compensation Board Number. ' 3. Include health and safety provisions in their management systems to reach and maintain consistently a high level of health and safety. I 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 I 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. 1 7. The Contractor shall sign -off on the corporate occupational health & safety form stating his agreement to comply. Your co- operation and assistance in this matter is appreciated and vital to the Health and Safety ' of all. 1 Y:\Project Mgmt_Resources\Forms _Templates \Contracts \Contract Documents\KINCARDINE F 1 Page 2 r 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. Contr tor's Name Date i 1 1 Y:\Project_Mgmt_Resources\Forms _Templates \Contracts \Contract Documents\KINCARDINE F- 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 CONTRACT RELEASE IN THE MATTER of a Contract dated , 20 known as Contract for the construction of 1 ' in the , Ontario KNOW ALL MEN BY THESE PRESENTS that I/We (name of Contractor, in full) for and in consideration of other good and valuable consideration paid by the Owner, have remised, released and forever discharged, and by these presents do for myself /ourselves, my /our heirs, executors, administrators and assigns or successors and assigns, as the case may be, remise, 1 release and forever discharge the Owner, its successors and assigns, of and from all manner of action and actions, cause and causes of action, suits, debts, dues sums of money, claims and demands whatsoever at low or in equity which I/We ever had or now have, or which I/We or my /our heirs, executors, administrators or assigns or successors and assigns, as the case may be, hereafter can, shall or may have by reason of the above - mentioned Contract, save and except any ' claim which I/We have arising out of; 1) the retention by the Owner of the maintenance holdback of the Contract price; 2) any sum retained by the Owner against the cost of uncompleted work; ' 3) (if none, state "none ") IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals. SIGNED, SEALED AND DELIVERED ) ) 1 ) 1 ) Witness or Company Seal Y:\Project Mgmt _Templates \Contracts \Contract Documents \Contract Release.doc 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 STATUTORY DECLARATION RE PAYMENT OF ACCOUNTS ' DOMINION OF CANADA (IN THE MATTER of a contract, known as Contract (entered into between ( the Owner ' ( AND ( the Contractor (dated , 20 ' (for the construction of ( (in , Ontario. 1 TO WIT: I, of in the Province of , do solemnly declare: 1. That Iam Xofthe (President, Secretary, Treasurer, a Partner, etc.) Contractor named in the Contract above - mentioned and as such have personal knowledge of ' the facts hereunder declared. 2. That the said Contractor has complied with the terms of the Construction Lien Act, R.S.O. 1990, c.C.30 and amendments thereto, with the requirements of statutes and regulations of the Province of Ontario relating to the payment of fair wages and with the requirements of the said Contract relating to the payment of wages. 3. That with the exception of accounts listed below, all liabilities (including payment due to all ' staff, sub - contractors, suppliers, Workers' Compensation Board, insurance companies) incurred by the said Contractor arising out of our work performed, have been discharged. Name & Address of Creditor Service Rendered Amount Total Outstanding 1 (If there are no accounts, enter "NONE" above) ' 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 1 Canada Evidence Act ". DECLARED before me at the ) ' of ) i in the County of ) this day of ) ' A.D.20 ) ) ' A Commissioner, etc. or Notary Public Y:\ Project _Mgmt_Resources\Forms_Templates \Contracts \Contract Documents\Payment of Accounts.doc 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 STATUTORY DECLARATION RE LIENS & LIABILITIES 1 DOMINION OF CANADA (IN THE MATTER of a contract, known as Contract I (entered into between ( the owner ( AND ( the Contractor I (dated 20 (for the construction of ( I (in Ontario. TO WIT: I 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 hereunder declared. I 2. That all persons who have performed any work or service upon or in respect of, or placed or furnished any materials or things to be used in connection with the above contract, have been fully paid or their claims have I been settled in respect of such work, service, materials or things and there are no liens, garnishees, attachments or claims relating thereto. I 3. That all subcontractors who were engaged in or in any manner associated with the performance of any part of the above contract have been fully paid or their claims have been settled in respect thereof except to the extent that monies (not exceeding in any instance 14% of the value of the work performed by the subcontractor) have been held back by written agreement with any such subcontractors. I 4. That all subcontractors who were engaged in or in any manner associated with the performance of any part of the above contract have discharged all liabilities which they incurred in respect thereof. 1 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 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 ) in the County of ) I this day of ) A.D. 20 ) ) 1 ) A Commissioner, etc. or Notary Public I Y:\Project_Mgmt_Resources\Forms _Templates \Contracts \Contract Documents\Liens.doc 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Varies 1.5m Note 2 O m n Slope as specified BOULEVARD Concrete 2 to 10% I 2 to 8% Slope 2 to 4% sidewalk f --- — R5 t -125mm R5 ' _ Subgrade or granular 1 Note 1 base as specified TYPICAL SECTION 1 5— I _ 5 • G 1 T T T d .' ... u a, ' Curb and gutter Expansion joint material DUMMY JOINT BOULEVARD R0.5m Note 1 1 5- 1 I— r0.25T Typ .. 1.5m F-- --• --....- .---••• -...... klk d f '. °'. Typ Expansion • H w joints El I CONTRACTION JOINT Sidewalk bay Dummy AIM R5mm joints 1 Typ 5 Typ ' • : T : ' 1 c Contraction o : d c o joints, Typ CD El _ -1C 13 a •/ t o JOINT LAYOUT I -I I— 12mm expansion joint material EXPANSION JOINT 1 NOTES: I 1 Sidewalk thickness at residential driveways A This OPSD to be read in conjunction and adjacent to curb shall be 150mm. with OPSD- 310.030. At commercial and industrial driveways, B All dimensions are in millimetres the thickness shall be 200mm. unless otherwise shown. I 2 Sidewalk width shall be increased to 2.4m at schools, bus stops, and other high pedestrian areas. 1 ONTARIO PROVINCIAL STANDARD DRAWING Nov 2005 'Rev I 1 , ST : V74' 1 . 1 CONCRETE SIDEWALK 1._ OPSD — 310.010 1 1.5m Note 2 Expansion joint Finished road material 150mm surface Slope 2 to4% Note 1 7 . . . •/ v ! v. Concrete sidewalk R5 y R 5 • R .• ` L Subgrade or granular 1 base as specified I Curb and gutter as specified 5- I— 5 TYPICAL SECTION 1 r I / •, Y y • O v ' 3 :, Expansion s 1 joint material • .. r .• /: ~ o Curb and gutter DUMMY JOINT *:*MEM 1 5 1 I- r 0.25 T —11 .5m 1-- + Typ I liklitt ik .� . . ' ' ', . / ' i Y Contraction I c joint la le v Expansion '. / .. joints II w CONTRACTION JOINT R5mm 5 Sidewalk bay 111 Typ Dummy joints lin in A Typ 1 e , .. e • / :c Contraction • H p joint I • I i I --I I -- 12mm expansion JOINT LAYOUT joint material EXPANSION JOINT 1 1 NOTES: 1 At commercial and industrial driveways, A This OPSD to be read in conjunction 1 the thickness shall be 200mm. with OPSD- 310.030. 2 Sidewalk width shall be increased to: B All dimensions are in millimetres — 1.8m on major roadways unless otherwise shown. I — 2.4m at schools, bus stops, and other high pedestrian areas. ONTARIO PROVINCIAL STANDARD DRAWING Nov 2005 !Red I 1 ,,. srav, 1 CONCRETE SIDEWALK � �� '�;. �` ADJACENT TO CURB AND GUTTER A 1 OPSD - 310.020 I Stop or yield Stop or yield • :• street street 1 2.5m T Expansion joints li Typ ram Ramp slopes P 8% max 1 --- -- ' TYP r - - -- Typ cr� ! I E:. 1 5m cs • �' - _ .— •0‹ .0< i Expansion joint / I Curb and gutter material, Typ Curb and gutter --.-- Through street —.-- Through street I U NSIGNAUZED INTERSECTIONS I 11 Back of sidewalk I Expansion joint-7 Directional lines Typ _ j Directional lines /6\ TYP Crosswalk o 0.m apart and 1.55m long —min 1' Typ LCurb and - 119°171f 1 / p 1.0 ( 1.5 I 1.0 gutter - t e r line `o, RAMP ELEVATION Full curb 1 height � O 1 Curb and gutter 1 Finished road i surface Expansion joint material SIGNALIZED INTERSECTIONS I r 2.5m { Back of 1 1 sidewalk Al —Slope 5% max 5% desirable o' 150mm min Curb and gutter Sidewalk ramp as specified TYPICAL RAMP SECTION I NOTES: A Directional lines shall be 10x10mm made B All dimensions are in millimetres or 1 with grooving tool having a 15mm radius. metres unless otherwise shown. 1 ONTARIO PROVINCIAL STANDARD DRAWING 1993 10 01 I Rev ,: 1 CONCRETE SIDEWALK RAMPS Date ' �s /i AT INTERSECTIONS OPSD - 310.030 1 Driveway varies Driveway varies Contraction joint 1- 1.0 ( B D NI 11, Is. f Contraction joint 1 c _ E E I Z j - At JA Ct �C E / Boulevard Curb and gutter J 1.5m min —.--- B ►-- S idewalk depressed t to match dropped curb D 0.5m min \— Curb and for driveway entrance Sidewalk depressed gutter to match dropped curb FULLY DEPRESSED for driveway entrance PARTIALLY DEPRESSED SIDEWALK AT DRIVEWAY ENTRANCE —PLAN Sidewalk Dropped sidewalk r- Transition section Transition n across driveway Dropped sidewalk I I I Sidewalk sectio across driveway • . .• ... 4 . • i i.. • ; 4 4 a ` .�• . SIDEWALK WITHOUT BOULEVARD SIDEWALK WITH BOULEVARD SECTION A —A SECTION C —C Curb and gutter --- 2% min i No e m 1 —___ T Varies --{ 4% 2% min * 1111511. 111111151111151 Varies Eli NOTES: SECTION B —B SECTION D —D 1 At commercial and industrial driveways, the thickness shall ONTARIO PROVINCIAL STANDARD DRAWING Nov 2005 I Rev I 1 be 200mm. % A For contraction joint detail, see CONCRETE SIDEWALK . �� OPSD- 310.010. B All dimensions are in t millimeres unless otherwise shown. DRIVEWAY ENTRANCE DETAILS OPSD — 310.050 am NE — — gm I• am we me maw NE me ow — we I • s— 1 See Table A 1 tir' 1.---- ' I I o > Sid (walk I I Z I o Entrance Boulevard + Curb with gutter r Dropped curb 1 I i I 600mm min —300mm A 300mm -- 600mm min min min PLAN 1 Sidewalk Boulevard Entrance Pavement surface 1 1 Base Subbase Subdroin 1 ISOMETRIC VIEW 84'. 3.0m 3.0m Var 1 Note l S/W or S/W and entrance —S /W Entrance- - 6A Not 7 1 4%, Note 1 4 %max 8X max Dropped curb CREST 69y, Note 2 4 %, Note 2 I z g %, N ote SECTION A -A DRIVEWAY DIMENSIONS WIDTH 111 LAND USE m NOTES: Single Double 1 Maximum upgrade shall be 10 %. min max min max 1 2 Maximum downgrade shall be 8 %. Residential 3.0 4.3 6.0 7.3 A All dimensions are in millimetres unless otherwise shown. 1 ONTARIO PROVINCIAL STANDARD DRAWING Nov 2009 I Rev 11 URBAN RESIDENTIAL V v . 1 ENTRANCE OPSD 351.010 1 820 �/4 25 11-.-- 40 Size and spacing, Typ `_+ j +_ _ _ O � 0 2 req'd 33 51 51 L ��i ! u j� —1 �--38 3� (�- i i — — NI 44 ( 571 N `~ F�-86 ,n �L a o CO C•1 CN1 --151 --- `i i CO L f Bt Ll ..3 L N. IL__c_t. 49I— o j o 102 M N M 76 76 c0 cO c0 cp 3 66 — 102 1_ �i51 �- ( E = ill[ — 0 0 _ _ LL � 4 �n `o �� \ N E I _ , 4,-- . t % f o } N 19mm dia hinge pin 20 L Hoisting hook rib, A 20mm, Typ �� 152 GRATE PLAN Typ, OPSD 400.001 FRAME PLAN SECTION A —A 612 657 M I - 1 f-- 33mm, Typ —1511— 17 623 17 1 dr (Ii See Slot Detail 332--1 in f �- 1491 -- -- 11-.-15mm,Typ 40 9 (1 71` 2 28 r r 1 NOTES: SECTION C —C i ii // i I I All --1 105 I- 610 1 105 [J A This OPSD shall be read in conjunction with OPSD 610.010 and 610.020. �25 SECTION B —B B All dimensions are in millimetres unless otherwise shown. 29 � 5 " \I ONTARIO PROVINCIAL STANDARD DRAWING Nov 2013 I Rev 12 10 s I % 11111■ 48 CAST IRON, SQUARE FRAME WITH _' AIM= R14.5 SQUARE OVERFLOW TYPE FLAT GRATE FOR SLOT DETAIL CATCH BASINS, PERFORATED OPENINGS OPSD 400.110 me mu ow me EN N — — OM NM N— MI NM NO i OM MI — I I — M — — NM 1® — — r 1111111 11.1 111111 1.11 111.1 800 min Z 150mm max Typ (*.... - � I, of ® I!11 ® ICI .8 ' CI ® ® ® CO ® Iii 171 warm* 1 171 � � ®® ® ® ® ® 1!1 I* pi, 171.1i1�17clui • 1.1.1.111.,.. 171 Lift hole . • 8 !1 ®® ® ® ®® 1.1 ICI I., 71 I:I�I ■ � ■ mI ■ g 11 �1�l ■ ■I:I I.I a iii CL®®®®® ®®®®®J L J _ � it 'my III AI Iv UPI ICI ICI ICI ICI ICI A . - --�-- — I A —E- D A N i G E R g D r: 1 A N, R FE.; D 1. i � I ® ® ® ® ® ® CI ® ® ® ICI •�I.1.1 .1.11 ol.1.1.1.1 ■I�• I.I .6,e 0 ? o .I lil Ii ® ® ® ® ® ® 1 �, I ■I 1.01.1.1.1.1.0,-_,(1.10.1.1.1.1.1.1 1.1 *gala ® ® ® ® 171 iimiltia iiit 1l171l1!1 171 ® s, •'' ® ® ® ®® ® 171 171 limpii m171 171 171 ��,.'I: , � • \t/ ICI III ® X71 171 171 IN 171 171 \\......., 20mm, Typ _ TYPE A TYPE B Hoisting hook 400!001 FRAME PLAN CLOSED COVER OPEN COVER 0676 0624 0624 0632 T - 114-- 24 1 r r --1 I -- Ti —114— 24 29 r -y 29 117 0624 I II { I IlIZEIVEri - 0578 �� �iiii�iiiii �� _ T r�M ri r� i �� - 6 �19 - I I-- 15 27-1 I k- } } 0613 15 27 f.- 49- % 0613 c o V 1 -19 4 SECTION C —C SECTION D —D 7 50 0575 6 t NOTES: 16.5 F 0667 A Covers shall be Type A or Type B, as specified. SECTION A —A B All dimensions are in millimetres unless otherwise shown. '; ONTARIO PROVINCIAL STANDARD DRAWING Nov 2013 Rev 3 �TA CAST IRON, SQUARE FRAME WITH ', R46 �� CIRCULAR CLOSED OR OPEN COVER SECTION B —B FOR MAINTENANCE HOLES OPSD 401.010 .0 .0 > > U 0 o Dropped curb at ° v entrances 0 o Typ u _ — t OOmm — Thickness 25 -- - 300 - 50 r _ 150 Note 2 25 300 50 1—•-150 —1 of sidewalk Typ Typ Nl 1 r s3 i) /P c 5 ,5s ./ in Q,5, 1:. II 0 cv o �•',v • • . . .. N o �� •• - • • .:a. Note T i - - . Note 3 -- 1 I .v _ , • .o : . .. _ . For flexible 500 1 L 50 L pavement For rigid pavement 500 50 Typ 25x75mm keyway — Additional width when centred in concrete sidewalk is adjacent base — Note 3 and 5 to curb — Typ TANGENT SUPERELEVATED LEGEND: S — Rate of pavement superelevation in percent, %. NOTES: 1 Flexible and composite pavement shall be placed 5mm above the adjacent edge of gutter. 2 When sidewalk is continuously adjacent, the dropped curb at entrances shall be reduced to 75mm. 3 For slipforming procedure a 5% batter is acceptable. 4 For composite pavement the depth of concrete curb shall be adjusted to depth of concrete pavement. 5 When tie bars are specified, refer to OPSD 552.010 and 552.020 for details. A Treatment at entrances shall be according to OPSD 351.010. B Outlet treatment shall be according to the OPSD 610 Series. C The transition from one curb type to another shall be a minimum length of 3.0m, except in conjunction with guide rail where it shall be according ONTARIO PROVINCIAL STANDARD DRAWING Nov 2012 IRevI2 sto to the OPSD 900 Series. �bi D All dimensions are in millimetres CONCRETE BARRIER CURB Se� unless otherwise shown. WITH STANDARD GUTTER .4 OPSD 600.040 .I — a EN 1 1 e 114 300mm 1 1.. 11 Note 1 a• O .—I .— 6� '. . 1I T I v . Granular 1L Tapered top bedding See alternative C SUMP DETAIL a I t. ALTERNATIVES • I Bottom riser section with • inlet and outlet openings to suit • Riser sections ' I as required •• 'd Bench or 01200 a sump as specified Plalalli Monolithic base with inlet J 300mm max •, r . and outlet openings to suit • T yp L __ -a. -- __42 J See alternatives A and B a Granula 1 Bench or sump � .• , 'a bedding • • as specified v.,...•:: ©' '•" d ' ` 300mm, Typ --t _ e e A PRECAST SLAB BASE Granular bedding L - " ' -* , ` __ `, 1 Riser 1 01200 section 150 IT- 1 150 300 NOTES: ilMillir 275 is measured from the lowest invert. Bench or 1 1 The sump sump as ® O A Granular backfill shall be placed to a minimum specified 300 thickness of 300mm all around the r -: -- = - - : -„:z• -'. -- � - D : y . maintenance hole. -- I Steel reinforcement Granular B Precast concrete components shall be according as specified bedding to OPSD 701.030, 701.031, or 701.032. B CAST — — PLACE BASE C Structure exceeding 5.0m in depth shall include I safety platform according to OPSD 404.020. D Pipe support according to OPSD 708.020. Flat cap E For benching and pipe opening details, Riser mom I see OPSD 701.021. section F For adjustment unit and frame installation, 01200 see OPSD 704.010. I G All dimensions are nominal. H All dimensions are in millimetres unless otherwise shown. C PRECAST FLAT CAP 1 ONTARIO PROVINCIAL STANDARD DRAWING Nov 2014 I Rev 15 gi p sr, , PRECAST CONCRETE N MAINTENANCE HOLE p I 1200mm DIAMETER O PSD 701.010 1 1" t 1 I ll 1 . . 1 .. . 6,,,,,___ 1. Right angle bend 2. Tee connection 3. Three way junction 1 r 1 r 1 L iii.... _ 1 4. Four way junction 5. Straight through 6. Dead end 1 r 1 4 H .1 V 1 8• m 0 H x •1 V mi .• f ♦ t• • D ma L......_ x 1:)/2 ...,.....,.....:. min • 7. Wye connection 8. 45° bend Section 1 MAXIMUM SIZE HOLE IN THE WALL IN PRECAST RISER SECTIONS Maintenance No. 1 -4 No. 5 and 6 No. 8 No.7 I Hole Diameter Inlet Hole Outlet Hole 1200 700 860 780 700 860 1500 860 1220 960 860 1170 1800 1220 1485 1220 1220 1485 2400 1485 2020 1760 1485 2020 3000 1930 2450 2300 1930 2450 ' 3600 2470 3085 2730 2470 3085 NOTES: 1 Slopes shall be maintained from the outlet hole opening for top of benching. A Concrete for benching shall be 30MPa. I B When benching is hand — finshed, it shall be given wood float finish, channel shall be given steel trowel finish. C Benching slope and height shall be as specified. D When specified, maintenance holes that are 1200mm in diameter with a uniform channel for 200 or 250mm pipe I may be prebenched at the manufacturer with standardized benching slope and channel orientation. E All dimensions are nominal. F All dimensions are in millimetres unless otherwise shown. ONTARIO PROVINCIAL STANDARD DRAWING Nov 2014 I Rev 14 o ` MAINTENANCE HOLE BENCHING i�� AND PIPE OPENING ALTERNATIVES OPSD 701.021 r MI MN — MI MN I>• OM — — — — — MI — — OM r Grate reference elevation Tapered top - - - - - T — Flat cap ^ O F' ] x WWR 500mm each way, 75mm c/c `�� 0 squareto 2 -15M 0 75m c/c 2 -15M ® 150mm place WWR parallel and Riser section 0685 2 -15M ® 150mm c/c i 0685 .iu.N 1. 2 -15M ®150mm �•••••• ■ ` � iS:_ � l���� Monolithic base A +_ ?A Bt / �:. _- B Ct ■iii■ _'C or base slab t with riser , � �`. \ / • U••• • • • ® ■ " 15M bent bar 0 I. �••••• � 4-15M © 150mm c/c ..• 2 -15M c0 �/� 411il••∎S/ 1 200mm DIAMETER PLAN OF TAPERED TOP PLAN OF FLAT CAP PLAN OF FLAT CAP MAINTENANCE HOLE WITH REINFORCING STEEL BARS WITH WWR `n 0685 0685 j 230 1 — 1 I-..- 230 1 � 5 I I 1 0 k wIR 250mm /m m m 2 0 _ o I 01450 a 01450 0 ct — — ' �5 1 t 205 0� 205 0 8 300 1 3 00 1 I I I i f_ , LI I ' 7aues� , , n 01200 125 01200 125 ` - - -- `� SECTION A —A SECTION A —A SECTION B —B SECTION C —C TAPERED TOP WITH HOOP STEEL TAPERED TOP WITH WWR NOTES: A This drawing shall be read in conjunction with OPSD 701.031 and 701.032. B Centre reinforcing steel in riser t20mm. ONTARIO PROVINCIAL STANDARD DRAWING Nov 2014 IRev I 4 r All other reinforcing steel shall have 25mm minimum cover. PRECAST CONCRETE C Steps shall be according to OPSD 405.010 p� or 405.020. MAINTENANCE HOLE COMPONENTS,, d ,� D All dimensions are nominal. 1 200mm DIAMETER E All dimensions are in millimetres unless otherwise shown. TAPERED TOP AND FLAT CAP OPSD 701.030 WWR 250mm /m 4 -15M © 300mm c/c / I ,\ �_� I 4 -15M 0 300mm c/c A_ I A g) g D 1111181111) c = t '� lit D � lace rebar at an 06 hoop steel orientation to q y q PLAN OF RISER PLAN OF RISER PLAN OF MONOLITHIC BASE WITH HOOP STEEL WITH WWR WITH REINFORCING STEEL BARS 01200 —�{ [125 01200 125 N n I AND WWR E I �- ° o f i " I- E 1 I I� N 01200 —� { 125 1 0 1 • I _ , o f L. •• Cl o ,, — feel perrmitted ,g I M W 1 WWR 250mm /m o 1 ` r -,� - I --- - Ill PI —�— j ( � � � G E� ,9 1 WWR 250mm /m 0 4 83 1 _ T 8, o E SECTION A -A SECTION B -B ° s g Reinforcing shall RISERS < 900mm HIGH WWR 250mm /m WWR 500mm /m overlap min 25mm each way, place WWR at any both ways orientation to q SECTION D -D 01200 x125 .d.t—z_± o v� t ` ri 'i J C o n - IMII01 11 rn = ■ Area hoop steel permitted d• - ,. -- — 0 SECTION A -A PLAN OF MONOLITHIC BASE WITH WWR RISERS Z 900mm Varies from �- 01200 —►I 125 450 to 2400m —� — 1, WWR 250mm /m 150mm increments ts I I I ° v NOTES: 0 I -.�— A This drawing shall be read in conjunction -F SECTION C -C with OPSD 701.030 and 701.032. B Centre other reinforcing steel l halt have 25 ONTARIO PROVINCIAL STANDARD DRAWING Nov 2014 1 Rev 2 ay All other reinforcing steel shall have 25mm minimum cover. ��'1 C Steps shall be according to OPSD 405.010 PRECAST CONCRETE • or 405.020. MAINTENANCE HOLE COMPONENTS D All dimensions are nominal. !: E All dimensions are in millimetres 1 200mm DIAMETER unless otherwise shown. RISER AND MONOLITHIC BASE OPSD 701.031 sin ■ — ■ e■ — 11111 ■■ — O■ ■ ■r ■■ ■S ■■ — N■ ■■ ■N NM NM — MI MIll MP 1111111 NM — NM NM On M MB N MI M MN OM Pavement Curb with Pavement Curb with gutter 1 I gutter 1 Grate reference elevation ;' Frame to be Typ -\ rri —t — + -n Rn - 1 —_ n set in a full Standard frame n' - -1 - - ri.i— 1 —_16 450mm r _i -1— ice �` mortar bed with grate _ _ 1 __ j a mum NEN El maximum to pIMIIIIIIIIp T Typ ICE NMI — Ell nonson0 first step ICE I■t♦p 01111111111111•10 ICE 111111•11•1111131 Typ 101MEN11111E1101 o1111=111111110 0 Note 1 mm�� Adjustment units: minimum of one .1 maximum of three Typ \ 1111 TOOmm First adjustment unit 111 to be set full mortar bed, Typ SECTION THROUGH SECTION THROUGH SECTION THROUGH TAPER TOP FLAT CAP CATCH BASIN Reinforce each adjustment unit with a minimum of 1 wire with an end area of at least 15mm 2 . Lap wire 150mm or butt weld. Note 2, Typ - Round or square Maintenance hole step frame with grate or cover Note 1 Adjustment units for 1 maintenance holes – Adjustment units with round openings. r Note 3 for catch basins Available in sections �� L with square or continuous units. – openings. Use butyl tape r 1 r Available in between units. Note 3 sections or continuous units. Use butyl tape CD CD m between units. Taper top Flat cap Riser section Catch basin NOTES: 1 If first step is in an adjustment unit, the adjustment unit shall be of the A Adjustment units shall not extend beyond the outside edge of the structure. type manufactured with a step in place. B All dimensions are in millimetres unless otherwise shown. 2 Centre reinforcing in adjustment unit t 10mm. ONTARIO PROVINCIAL STANDARD DRAWING Nov 2014 I Rev 13 o srm 3 Round and square adjustment units PRECAST CONCRETE ADJUSTMENT UNITS are available in sizes of 50, 75, A 100, 150, and 300mm. FOR MAINTENANCE HOLES, CATCH BASINS, _ AND VALVE CHAMBERS OPSD 704.010 A 1 150mm - overlap, Typ I ALTERNATE STANDARD HEIGHTS . 111 I ALTERNATIVE DIMENSION B B A 1980 B 1830 C 1520 WWR 1 185mm 2 /m D 1380 each way 1 A PLAN 830 830 1 115 r---- 600 --1 115 115 4 r-- 600 -1 115 • w 1 Jo ill Il .... Knockout ---' . • v. L °' Typ :. Note 2 v i Note 2 250 °v o .' o E to m • • ` w WWR w m o 0 185m o. 0 0 E a. - Outlet hole •• •° E each way E N to E Q. Note 1 0 T E a p � w 300mm �43 o° ' '• all sides t ° I Typ 1 Granular SECTION A —A bedding SECTION B —B NOTES: I 1 Outlet hole size 525mm diameter maximum, C Frame, grate, and adjustment units shall location as required. be installed according to OPSD 704.010. 2 200mm diameter knockout to accommodate D Pipe support shall be according to OPSD 708.020. subdrain. Knockout shall be 60mm deep. E All dimensions are nominal. A Centre reinforcing in base slab and walls F All dimensions are in millimetres ±20mm. unless otherwise shown. 1 8 Granular backfill shall be placed to a minimum thickness of 300mm all around the catch basin. ONTARIO PROVINCIAL STANDARD DRAWING Nov 2014 I Rev 13 4 f ddi si4 1 PRECAST CONCRETE CATCH BASIN „ „ :4 ; 4L- 600x600mm 1 OPSD 705.010 1 1 WWR B 185mm2/m vertical II 300mm 2 /m horizontal «---• 1 3 -1OM stirrups I © 200mm At . IA 2-10M-1 1 f 1 - `+ 11.1. 2 -15M— • in N 150mm overlap • T r--•- E In.---A--t- Typ —. 41 N Beam I_ - B 11 f 600 --I 1---115 PLAN BEAM DETAIL t 1680 - 115 600 250 600 ---- - ---115 830 115 600 1 _115 o. 11 Bea 1 ' ' See Detail `.� , � O a) cn o a :.v tioeo o c ")'�o a rn= a o c r �a o u Knockout 1 Note 2 y y 1 Typ 250 1— E c Note 2 '.ti E iv E a E a A E Outlet hole • • E ° Ea) E c° a Note 1 ' • - o Q; , > ° O p E 4» O I- O F- 'S c m V) WWR a Q- v o m 300mm 185mm 2 /m, each way t° • all sides • . �J 1 °' °' 150 Typ . ..... d .. L . 4 I • 1 \ J SECTION A —A Granular SECTION B —B NOTES: I 1 Outlet hole size 525mm diameter maximum, location as required. 2 200mm diameter knockout to accommodate subdrain. Knockout shall be 60mm deep. ALTERNATE STANDARD 3 Minimum clearance between beam recess and hole for pipe shall be 300mm or HEIGHTS minimum clearance can be 150mm with addition of two 15M size rebar on I 45 degree diagonal. ALTERNATIVE DIMENSION A Centre reinforcing in base slab and walls ±20mm. A 1980 B Granular backfill shall be placed to a minimum thickness of 300mm all around the catch basin. B 1830 II C Frame, grate, and adjustment units shall be installed according to OPSD 704.010. C 1680 D Pipe support shall be according to OPSD 708.020. E All dimensions are nominal. F All dimensions are in millimetres unless otherwise shown. ONTARIO PROVINCIAL STANDARD DRAWING Nov 2014 IRev 13 p ST , PRECAST CONCRETE V :9S' TWIN INLET CATCH BASIN 600 x 1450mm O PSD 705.020 1 PIPE IN SUPPORTED -- PIPE IN UNSUPPORTED - PIPE IN SUPPORTED EXCAVATION Finished surface N. EXCAVATION f— Finished surface EXCAVATION 1 ; Note 4, Typ �— —� Subgrade 0.50 Permanent V= >, or temporary o � support s y s t e m - •_ :. `- _ '-'1.r- a 1 1 _ -` - _ *• - MEN • rn y -•; ` - . _ 1 Backfill material 1 $ i 4- : -j - . 1 • o . = z For pipe culvert frost treatment - - .' :4'. • ; 1.5 ` Clearance ' - ••300mm min • t" • Note 3 = See table, Typ •�� : Typ E 300mm min 0 W 1. N TYPE 1 OR 2 TYPE 3 : ..` 150mm : min, Typ `; • SOIL SOIL 0 .50 0.5 •.::: 4 D \ Bedding grade Note 2 0.50 Note 2 PIPE IN SUPPORTED PIPE IN UNSUPPORTED EXCAVATION EXCAVATION Finished surface LEGEND: D — Inside diameter \ 0.50 Subgrade NOTES: ; , _. . .. ? ., . - , .7,-;% :t:::..-::71--..:7-::-.--. • - 1 Height of fill is measured from the finished surface to top of pipe. 1.5 � •`.f ` - 1 2 The pipe bed shall be compacted and shaped to receive the bottom 0 Q - - ° - 3 of the pipe. Backfill material Pipe culvert frost treatment shall be according to OPSD 803.030 For pipe culvert frost 3 Pi P 9 ` � treatment, Note 3 and 803.031. 4 Condition of excavation is symmetrical about centreline of pipe. 1 I Bedding grade CLEARANCE TABLE A Granular material placed in the haunch area shall be compacted 0.50 Inside Diameter Clearance prior to placing and compacting the remainder of the embedment o.5o TYPE 4 mm mm material. Note 2 SOIL 900 or less 300 B Soil types as defined in the Occupational Health and Safety Act and Regulations Over 900 500 for Construction Projects. C All dimensions are in metres ONTARIO PROVINCIAL STANDARD DRAWING Nov 2014 IRev 1 3 p ST unless otherwise shown. FLEXIBLE t04"-41 EMBEDMENT AND BACKFILL , _ EARTH EXCAVATION OPSD 802.010 — imi r ma is ma so am we = M 111011 M - BM • EN NM INN • MI • r • • • •• • • s • all all •• • •• • PIPE IN SUPPORTED - - PIPE IN UNSUPPORTED PIPE IN UNSUPPORTED PIPE IN SUPPORTED EXCAVATION EXCAVATION EXCAVATION EXCAVATION f Finished surface F \ _ Note 5, Typ [/ Subgrade ■ o ~ Permanent or : . e: _ _. ; z - _ - . r - : :. - .7. - •;..... /1 1 '` :. - s `t � ` t : r temporary 1'' - ,''` , - 1 1 - a . • _ ,; ' x . ;; 1 o o support system Backfill material z Typ 1 For pipe culvert frost treatment 300mm min, Typ \ :.. /` • " Note 4 ` Clearance 1:. \ ` See table, Typ • Cover material 0.5 — •.. . \ D ,, 1200mm max, Typ . 0 `,'` ::::.:-..:.:-\ ; 0.15 OD :: .., : :' \ Compacted \∎ • : ;�� bedding material 5 • : ' •. ••y 1: Note 2 0.6 00 \ 0.5 00 Note 3 Bedding grade Note 3 CLASS B BEDDING CLASS C BEDDING NOTES: 1 Height of fill is measured from the finished surface to top of pipe. 2 The minimum bedding depth below the pipe shall be 0.150. In no case LEGEND: shall this dimension be Tess than 150mm or greater than 300mm. 0 — Inside diameter CLEARANCE TABLE 3 The pipe bed shall be compacted and shaped to receive the bottom of the pipe. OD — Outside diameter P l t e Clearance 4 Pipe culvert frost treatment shall be according to OPSD 803.030 and 803.031. Inside mm meter mm 5 Condition of excavation is symmetrical about centreline of pipe. 900 or less 300 A Soil types as defined in the Occupational Health and Safety Act Over 900 500 and Regulations for Construction Projects. B All ss otherwise are o metres O NTARIO PROVINCIAL STANDARD DRAWING N ov 2010 Rev 2 , srA unless otherwise shown. • ., RIGID PIPE BEDDING Y COVER, AND BACKFILL TYPE 1 OR 2 SOIL - EARTH EXCAVATION OPSD 802.030 PIPE IN SUPPORTED PIPE IN UNSUPPORTED PIPE IN UNSUPPORTED - - PIPE IN SUPPORTED EXCAVATION EXCAVATION EXCAVATION EXCAVATION Finished surface Note 5 0.5 OD o — 1 Typ Subgrode 0.5 OD \ r — Permanent or _ - .. -" : ):. _ = \\\ \ \ \ \ \\ g*°' temporary ■ - 300mm min, Typ ••r -: r_ a . ' '�: _ m o P ry .. ., l a_ - :1_,,,,,-.,t.-.:.e: - A1 1p '• � - '' - `� :'' 1 z support sys ; := 1 1 Typ i _ _ 1 - c t = j 1 Clearance 1 •. Backfill material 1.5 For pipe culvert frost 1.5: r ` See table 0.500 � treatment Note 4 Typ D .�'. D • 1 0.15 0D Cover material ,'� ;; :j': 300mm min, Typ 1 � ' Compacted ��'`'' bedding material ii ,:'.:. r�j "'' / Note 2 �� Bedding grade TYP 0.5 00 0.5 00 � _ 0.600 0.500 Note 3 Note 3 CLASS B BEDDING CLASS C BEDDING NOTES: 1 Height of fill is measured from the finished surface to top of pipe. LEGEND: 2 The minimum bedding depth below the pipe shall be 0.15D. In no case D — Inside diameter CLEARANCE TABLE shall this dimension be less than 150mm or greater than 300mm. 00— Outside diameter Pipe 3 The pipe bed shall be compacted and shaped to receive the bottom of the pipe. Inside Diameter Clearance 4 Pipe culvert frost treatment shall be according to OPSD 803.030 and 803.031. mm mm 5 Condition of excavation is symmetrical about centreline of pipe. 900 or less 300 A Soil types as defined in the Occupational Health and Safety Act Over 900 500 and Regulations for Construction Projects. B All dimensions are in metres ONTARIO PROVINCIAL STANDARD DRAWING Nov 2010 I Rev I STAN unless otherwise shown. RIGID PIPE BEDDING, , •` �� 4 COVER, AND BACKFILL _ TYPE 3 SOIL - EARTH EXCAVATION OPSD 802.031 ow — MI an MI 1— NM NI — M NM O Mr Mr MI In OM r 1 PIPE IN SUPPORTED PIPE IN UNSUPPORTED I EXCAVATION EXCAVATION Finished surface w a ?� Note 5, Typ w ° 0.5 00 Subgrade Permanent or 1 temporary :.3'; :. - T , o support system :t ;- ,`: = z Typ Cover material 1 \ Backfill material • 0.500 ` r•, • : For pipe culvert frost �si •• Compacted treatment, Note 4 • I � I Bedding Note 2 0.6 OD , grade bedding material Note 3 0.5 00 1 CLASS B BEDDING PIPE IN UNSUPPORTED PIPE IN SUPPORTED 1 Finished surface EXCAVATION EXCAVATION Subgrade 0.5 00 1111 q 1 - • _�% - _ ' , 300mm min, Typ " 1 � v _ - Air `� ;• � . ' Clearance 3 = � _ %- _ - =- \ See table, Typ Backfill material 1 0 �� Cover material 1 For pipe culvert frost A.. treatment, Note 4 `` Compacted 0.15 At... P. material 1 L Note 2 I Bedding grade I.— 0.500 Note 3 1 0.5 1 CLASS C BEDDING CLEARANCE TABLE Pipe 1 Clearance LEGEND: Inside m iameter mm 0 — Inside diameter 900 or less 300 I 00 — Outside diameter Over 900 500 NOTES: 1 Height of fill is measured from the finished surface to top of pipe. 1 2 The minimum bedding depth below the pipe shall be 0.150. In no case shall this dimension be Tess than 150mm or greater than 300mm. I 3 The pipe bed shall be compacted and shaped to receive the bottom of the pipe. 4 Pipe culvert frost treatment shall be according to OPSD 803.030 and 803.031. 5 Condition of excavation is symmetrical about centreline of pipe. I A Soil types as defined in the Occupational Health and Safety Act and Regulations for Construction Projects. B All dimensions are in metres unless otherwise shown. 1 ONTARIO PROVINCIAL STANDARD DRAWING Nov 2010 I Rev 12 k �� o RIGID PIPE BEDDING, � � 1 COVER, AND BACKFILL -' TYPE 4 SOIL - EARTH EXCAVATION OPSD 802.032 1 1 1 Backfill v a as specified Slope 2% min 150mm min c a Fittings or radius bends 8% max a N as required 1 -- 1 *11 P . N 1 - 100mm min Note 1 7max* ng and cover ecified � 100 to 150mm dia — as specified Watertight cap or plug — as specified, Note 2 150mm min 1 1 1 NOTES: 1 Sewer service connections to the main pipe sewer shall be made using factory made tees or wyes, strap —on— saddles, or other approved saddles. 1 2 Cap or plug at property line shall be adequately braced. A Maintenance holes shall be used at the main sewer to connect service connections greater than or equal to 200mm. B For new construction, saddles shall be installed on the main pipe before that pipe is laid. C Approved cut —in tool shall be used for field made connections. 1 D All dimensions are in millimetres unless otherwise shown. ONTARIO PROVINCIAL STANDARD DRAWING Nov 2011 I Rev 12 ,�, SEWER SERVICE CONNECTIONS E, FOR FLEXIBLE MAIN PIPE SEWER OPSD 1006.020 1 1 1 1 300 mm NDS GRATE C/W SCREWS w v) MIMI I > lirMIIIIIIIN � POLYETHYLENE PIPE ADAPTOR 1 AVAILABLE 200 TO 300 _ WHERE REQUIRED 1 200 mm to 300 mm 1 ADAPTOR DETAIL 1 1 \I/ 1 S 1 MOOTH WALL POLYETHYLENE —\! 1 1 / PIPE RISER VARIES 1.0m MIN. - V - - 2.) 1 90' BEND 1 \ TEE FOR PIPE SIZE SEE CONTRACT DRAWINGS 1 AND /OR TENDER FORM 1 1 BMROSS STANDARD DRAWING DATE OF REVISION - Jan, 2004 1 1` BMROSS SCALE : N.T.S. �� engineering better communities Polyethylene Inline Catch Basin DRAWING No. 700 1 1 SAW CUT BACK OF CURB OR JOINT, TYP 1 CURB FACE ` 1 OF CURB O O GUTTER 1 EP O O 1 A L A A 1 50mm PVC DRAI 50mm PVC DRAIN TEMPORARY RAMPIN PLAN I TOP OF CURB 1 SAW CUT FRAME TO BE SET IN A OR JOINT, TYP TEMPORARY RAMPING FULL MORTAR BED 1 HL -3 SURFACE I U , COURSE (FUTURE) 1 L -a HL -4 BINDER 'y Lv :,.:.�3 ?`:, ,.,, *::• ••!..,....• r . : * •*° • r COURSE • 1 v:;�* -4 :. • GRANULAR BASE _� �- Omm PVC DRAIN '` j' 1 r • ADJUSTMENT UNITS .i 4.: ti l . (3 TYP) • ~ • V NOTES: SECTION A -A 1. TEMPORARY DRAIN TO BE USED WITH ALL STORM SEWER STRUCTURES LOCATED IN GUTTER LINE. 1 2. TEMPORARY DRAIN TO BE PLUGGED USING 30MPa CONCRETE PRIOR TO THE SURFACE COURSE ASPHALT BEING PLACED. 1 BMROSS STANDARD DRAWING DATE OF REVISION - Jan, 2004 0 BMROSS Temporary it Tem ora Catch Basin Drain SCALE : N.T.S. engineering better communities 50mm PVC Drain CAN Ramping DRAWING No. 702 1 1 1 1 1 0- MALCOLM BOLTED COVER I I OR AS PER 300mm 1 CONTRACT SPECIFICATIONS I 1 FINISHED GRADE 1 / /2i. \ / /�i \ \\ J t/ / /,c, \\ // /.cam \ F-1 'I I 100mm RISER - w AND CLEANOUT i D r EXISTING SUMP PUMP I w I DISCHARGE TO BE 1 o CONNECTED TO CLEANOUT RISER WITH MANUFACTURED —M— I aa.. FITTINGS n $ Q I S P ECIFIED BACKFILL7 1 01 V— PUMP DISCHARGE 100mm 100mm i a 1 o o ,, ........ " " • / E 1 f GRANULAR „ A , ' PER ....::::::::.:::� I E. APPROVED EQUAL OPSS 410 OR I 111 :...................... PVC CAP 150mm MIN :.............. I... ........... 100mm MIN . ........... ........... ............... ............................... 1 N SERVICE CONNECTION MINIMUM SLOPE 1.0% 1 NOTE: I N 1. SIZE OF STORM SERVICE TO BE AS NOTED `T, IN THE FORM OF TENDER 2 . SIZE OF SUMP PUMP DISCHARGES VARY 111 g. BMROSS STANDARD DRAWING DATE OF REVISION - dune 2015 �` SCALE : N.T.S. 1 _ , BMROSS �� engineer better communities Storm Service Cleanout Detail DRAWING No. 1002M 1 1111111MINNIIIIIIMMINIIMMINIIIIIIIIIIIIIIISIIIIIIMMINIIIIMIINIIIIIIIIISIIII to 0 Cq � O 0 1 1 • 1 r it i f \` r 1 i 1 I I J ! !_ _ .___.._... __ ._. -__,_ t ,-- l 1 J I 1 / 1 4 - — • - ' _ •,.-1 \ \ � 1 � �� B H $ S ' ; `� Sq rte S , " ��^ a 'T 1 LOCATIONS OF 2008 TEST ' j �.__.__._.._. � - v / a a ---w k PITS /BOREHOLES AND GENERAL fi r r- -.- & L r Ir - •-` - /-.- _- r — ' 6 1 _ ,, BH1-9, . \ DISTRIBUTION OF SOIL PROFILES / ! — t--,...,/ _.1,, 1 r 1 ti; '~ -._ _ W s �� : 1 i HURON RIDGE SUBDIVISION vi f f i 7 d a o ti . f- - ,- -T--,� +Rj '� FIGURE 2 1 f l a ' ' r . •_. � -�.• -2 � ~ �"f ....6,,, I CRI. FYI' f �- } �[ - 'F f( / - - r - � °' � t � � - — �f t3 HI 1 1 ___I :\ SCALE 1:4,000 (approx.) ' 1 ,t -_ __/ y { I w_ _ _ r 1 i i ; i s I f — � Il 1 1 / ' i l r-- ---.._.� 4 ,7 1 , - V , ``t - t" - : d _ _ - ' f 1 _ _ I -1 t } - - r j 1 1 I I """`g 1 1 1 S I a i 1 " l -~- tit, } 1 7 i i i _ _ .....� _ ° - :., . _ _._._�. ._M L._ —i_— �.._ I i rm 1 F r f - I I i t I = ' i 1 1 ik I i 11 x:\ - - -•- , �r - � - :: - _ INL \rF! - . R N ED. SOILS ' } • i % i a T RQ dN F�FyACE — � } I t o T_ 1 -s.._ _ I t I I i \ \\\\ `�-. 1 J 1.4 ' ..._ 1 I \.� 1. N1tP - -_1 I �H1 S \---- . ._ - \ r V t 1 5 9{+32F� __ ST _ J a 1 y r I /A -- ' ' /A i. --- - - ' 1 -,._,,�� _ -•-4 i i ` 1 T - --1 :-13—Flu.-4 I y I i } � - � 1� fir,/ I ; Conceptual :r •. t - ' I 1 1 .).. • - __ ; Conceptual western - r 1 ' `` - sp dy-° 1 � _ --_-.- -- a s nds Baste urFaal it of ms 1 F.- - � I r f . , a -- I —a -- --i ,,I - �• ---_ 1 cah{1ne f I I i = i sa! I 1 ! I 1 I -- I I 1 a t Huron Ridge stihawl■i°n u. I 4 li f t 1 r. !I. i Contract No. Prolool No. I : } MIS I r 1 ki I • 1 1 ono. 1 wow**, r. ,ov 1 BOREHOLE LOGS Completed November 28, 2008 BOREHOLE DEPTH (m) MATERIALS 1 BH1 0 - 3.4 brown, loose, dry to wet fine SAND with traces of silt and gravel ' 3.4 - 5.2 brown, loose, wet gravelly SAND 5.2 - 6.1 grey, compact, wet SILT with come clay and traces of sand • 5cm diameter PVC monitoring well installed with 3m length of #10 PVC well screen set to base of borehole. Installed as flush- mount. • Water level 3.10m below grade, January 6, 2009. • Sample 1 - 3.0m Clay - 0% ' Silt - 6% Sand - 92% Gravel - 2% BH2 0 - 0.5 r SAND AND b own, loose, dry SA GRAVEL FILL 0.5 - 0.6 buried TOPSOIL ' 0.6 - 2.3 brown, compact, dry to wet SILT with some sand and traces of clay 2.3 - 4.0 grey, compact, wet to damp SILT with some sand and traces of 1 clay 4.0 - 6.1 grey, dense, dry clayey SILT with traces of sand • Groundwater seepage observed in upper silt at a depth of 1.5m, becoming discontinuous in second silt unit. • Sample 2 - 1.2m Clay -7% Silt - 78% 1 Sand - 15% Gravel - 0% 1 1 • Ian D. Wilson Associates Limited 2 ' BOREHOLE LOGS Completed November 28. 2008 ' BOREHOLE DEPTH (m) MATERIALS BH3 0 - 0.3 brown, loose, dry SAND AND GRAVEL FILL 1 0.3 -1.4 brown, soft, dry sandy SILT with traces of clay 1.4 - 6.1 grey, soft, dry to moist sandy SILT with traces of clay ' • No meaningful groundwater encountered. • Sample 3 - 0.9m Clay - 6% Silt - 62% Sand - 32% ' Gravel -0% • Sample 4 - 2.4m ' Clay - 6% Silt - 53% Sand - 41% ' Gravel - 0% 1 BH4 0 - 0.8 brown, compact, dry SAND AND GRAVEL FILL (through road surface) 0.8 - 6.1 grey- brown, grading to grey, compact, dry to moist clayey SILT with traces of fine sand • No meaningful groundwater encountered. • Sample 5 - 1.2m ' Clay - 19% Silt - 73% Sand - 8% Gravel - 0% 1