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HomeMy WebLinkAbout16 050 Municipal Parking Lot Reconstruction (Bill & Tom Kempton Construction LTD) tender acceptance by-law THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE *Li I, ► '470 P1Ll INC" BY-LAW NO. 2016 - 050 BEING A BY -LAW TO ACCEPT A TENDER FOR MUNICIPAL PARKING LOT RECONSTRUCTION (2016) CONTRACT NO. 14038 (Bill & Tom Kempton Construction LTD) WHEREAS pursuant to the said Municipal Act, Section 8 (1) and 9 provide that the powers of a municipality under this or any other Act shall be interpreted broadly so as to confer broad authority on the municipality to enable the • municipality to govern its affairs as it considers appropriate and to enhance the municipality's ability to respond to municipal issues and has the capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority under this or any other Act; AND WHEREAS it has been determined that there is a need for Municipal Parking Lot Reconstruction as outlined in Contract No. 14038 and Report PWD 2016 -05; NOW THEREFORE the Council of The Corporation of the Municipality of Kincardine ENACTS as follows: 1. That the tender of Bill & Tom Kempton Construction LTD for Municipal Parking Lot Reconstruction preferred option, in the amount of $568,044.16 (including non - refundable portion of HST), be hereby accepted. 2. That the Mayor and Chief Administrative Officer be authorized and directed to execute on behalf of The Corporation of the Municipality of Kincardine, any contracts and other documents required to authorize such work to • commence. 3. This by -law shall come into full force and effect upon its final passage. 4. This by -law may be cited as the "Municipal Parking Lot Reconstruction (Bill & Tom Kempton Construction LTD) Tender Acceptance By -law ". READ a FIRST and SECOND TIME this 13th day of April, 2016. READ a THIRD TIME and FINALLY PASSED this 13th day of April, 2016. - • 7 d a k Mayor p f Cler • Municipal Parking Lot Reconstruction (Bill & Tom Kempton Construction LTD.) Tender Acceptance By -law By -Law No. 2016 - 050 CONTRACT DOCUMENT: BILL & TOM KEMPTON CONSTRUCTION LTD. Project: Municipality of Kincardine Municipal Parking Lot Reconstruction (2016) Contract No. 14038 Refer to Article A -1, Article 11, A -4 for signed contract (Page 179 in Laserfiche) Between Municipality of Kincardine and BILL & TOM KEMPTON CONSTRUCTION 2966 Amberley Road, RR #1 Ripley, ON NOG 2R0 * Attachment: Services and Subscription Agreement (Charging Stations) By and Between: (1) ZECO SYSTEMS, INC. a company incorporated in the State of Delaware, and having its registered address situated at 156 2 Street, San Francisco, CA 94105 ( "Greenlots "); and (2) Municipality of Kincardine a corporation having its address at: 1475 Concession 5, RR 5, Kincardine, ON N2Z 2X6 ( "Subscriber "), (each a "party" and collectively the "parties "). Filed under separate cover in Administration File — C01 in Central Records: Titled: Municipality of Kincardine By -Law No. 2016 - 050 BEING A BY -LAW TO ACCEPT A TENDER FOR MUNICIPAL PARKING LOT RECONSTRUCTION (2016) CONTRACT NO. 14038 (Bill & Tom Kempton Construction LTD.) Cited as: Municipal Parking Lot Reconstruction (Bill & Tom Kempton Construction LTD.) Tender Acceptance By -law Dated: 13th day of April, 2016 1 1 MUNICIPALITY OF KINCARDINE MUNICIPAL PARKING LOT RECONSTRUCTION (2016) ' CONTRACT NO. 14038 1 i 1 1 1 i 1 1 1 B \ / engineering better communities B. M. ROSS AND ASSOCIATES LIMITED Engineers and Planners 62 North Street, Goderich, ON N7A 2T4 File No. 14038 p. (519) 524 -2641 • f. (519) 524 -4403 www.bmross.net April 25, 2016 Murray Clarke, CAO Municipality of Kincardine 1475 Concession 5, R. R. 5 Kincardine, ON N2Z 2X6 RE: Kincardine Parking Lot Reconstruction (2016) Contract Documents Preferred Option (Parts 1 and 3) 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 Dale Erb, P. Eng. DLE:hv Encl. Z: \14038- Kincardine - Municipal_ Parking_ Lot_ Reconstruction \WP\ 14038- 16Apr25- TenderSigning- Municipality let.docx CERTIFICATE OF INSURANCE ISSUE DATE (MM /DD/YY) 04/20/2016 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 Insurance Group Ltd. or alter the coverage afforded by the policies below. 4t)C0Wan 804 Ontario Street, Unit C -3 an C om Strafford, ON N5A 3K1 Company n General Insurance Company Tanya Diehl A g P Y Company B INSURED'S FULL NAME AND MAILING ADDRESS Company Bill & Tom Kempton Construction Ltd. C 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 (MM/DD/YY) (Canadian dollars unless indicated otherwise) COMMERCIAL GENERAL LIABILITY A SOV79844785 07/31/2015 07/31/2016 EACH OCCURRENCE $ 1,000,000 ❑ CLAIMS MADE GENERAL AGGREGATE $ © OCCURRENCE PRODUCTS - COMP/OP © PRODUCTS AND /OR AGGREGATE 1,000,000 COMPLETED OPERATIONS PERSONAL INJURY $ ❑ PERSONAL INJURY EMPLOYER'S LIABILITY $ ❑ EMPLOYER'S LIABILITY TENANT'S LEGAL LIABILITY $ 500,000 NON -OWNED AUTOMOBILE $ 1,000,000 © TENANT'S LEGAL LIABILITY HIRED AUTOMOBILE $ 50,000 © NON -OWNED AUTOMOBILE 113 HIRED AUTOMOBILE AUTOMOBILE LIABILITY A TCA9801626 07/31/2015 07/31/2016 BODILY INJURY ❑ DESCRIBED AUTOMOBILES PROPERTY DAMAGE $ 1,000,000 © ALL OWNED AUTOMOBILES COMBINED © LEASED AUTOMOBILES "' BODILY INJURY GARAGE LIABILITY (Per person) ❑ BODILY INJURY OPCF 5a, OPCF 21 b (Per accident) "ALL AUTOMOBILES LEASED IN EXCESS OF 30 PROPERTY DAMAGE DAYS WHERE THE INSURED IS REQUIRED TO $ PROVIDE INSURANCE EXCESS LIABILITY A SOV79844785 07/31/2015 07/31/2016 EACH OCCURRENCE $ 4,000,000 © UMBRELLA FORM ❑ OTHER THAN UMBRELLA FORM AGGREGATE $ 4,000,000 OTHER (SPECIFY) DESCRIPTION OF OPERATIONS /LOCATIONS /AUTOMOBILES /SPECIAL ITEMS/ ADDITIONAL INSURED B.M. Ross & Associates and the Municipality of Kincardine are added as an Additional Insured, but only in respect to liability arising solely out of the operations of the Named Insured for the insured project 14038 - Municipal Parking Lot Reconstruction. CGL Form is equivalent to the IBC2100 Form & a $1,000 Property Damage Deductible applies. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOUR TO MAIL 60 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. B.M. Ross & Associates AUTHORIZED REPRESENTATIVE 62 North Street Goderich, ON N7A 2T4 1 Canada Per: " Page 1 of 1 VI 7Tr\NQ \/ THE GUARANTEE PERFORMANCE BOND No: WS7190846 Bond Amount: $630,788.02 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 SIX HUNDRED THIRTY THOUSAND SEVEN HUNDRED EIGHTY EIGHT --- 02/100 DOLLARS ($630,788.02) 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 APRIL 14th, 2016 for MUNICIPALITY OF KINCARDINE PARKING LOT RECONSTRUCTION (2016). PREFERRED OPTION (PARTS 1 AND 3) 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 20th day of APRIL, 2016. SIGNED and SEALED in the presence of BILL & TOM KEMPTON CONSTRUCTION LTD. i c. n A. e `4 CL.U-. Witness as to Principal Principal THE GUARANTEE CO I' A OF NORTH AMERICA r ; C `h' ' EATON, Attorney -in -fact Endorsed by - CCDC 221 CCDC 221- 2002 has been approved by The Surety Association of Canada (Jan. 2003 - Performance Bond CCA - Standard) ✓� k The Guarantee Company of North America t? I Dun (l,1 9I met I Expertise, Experience ... Every time � \Voodlstock, ON N - IS 7/o) Tel 5l9- 539 -9565 • Fay 5I9 -55) -552=1 • 1 -S00 -205 12o2 gcna.com THE GUARANTEE LABOUR AND MATERIAL PAYMENT BOND (Trustee Form) No: WS7190846 Bond Amount: $630,788.02 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 SIX HUNDRED THIRTY THOUSAND SEVEN HUNDRED EIGHTY EIGHT - -- 02/100 DOLLARS ($630,788.02) 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 APRIL 14th, 2016 for MUNICIPALITY OF KINCARDINE- PARKING LOT RECONSTRUCTION (2016). PREFERRED OPTION (PARTS 1 AND 3) 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 stilt or action in accordance with this Bond, as set out in sub- clauses 3 - - .. -- - 1 The Guarantee Company of North America r t " 951 Street last Excellence, Expertise, Experience ... Every time A'oodstock, O\ N4S 719 l e l 319- 339 -9Sb8 • 1 ,1v 319 339 332 -t • 1 SOO -2e5 -4262 eClearance Page 1 of 1 4.� 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 E20000091JPA 20 -Apr -2016 CORPORATION 1475 KEMPTON AMBERLEY Bulk Materials - OF THE CONCESSION CONSTRUCTION RD RR 1, Trucking 19- May -2016 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/ 4/20/16 MUNICIPALITY OF KINCARDINE MUNICIPAL PARKING LOT RECONSTRUCTION (2016) 1 CONTRACT NO. 14038 INDEX TO CONTRACT DOCUMENTS 1 1 Description Page Information to Bidders IB -1— IB -11 1 Tender Form of Tender T -1— T -12 T -A & T -B Statement re Sub - Contractors Agreement to Bond Performance Bond Labour and Material Payment Bond ' Schedule of Plans, Specifications, General Conditions & Standards Index to Special Provisions Special Provisions SP -1 to SP -42 1 Electrical Special Provisions 1 Supplemental General Conditions SGC -1 & SGC -2 General Conditions — OPSS.MUNI 100 Rev. Date: 11/2006 Agreement A -1 -A -4 Municipality of Kincardine Corporate Statement Occupational Health and Safety Contract Release Statutory Declaration re Payment of Accounts ' Statutory Declaration re Liens and Liabilities Standards Appendix A — Eaton Car Charger Installation and Service Manual 1 1 1 1 1 1 1 1 INFORMATION TO BIDDERS 1 1 1 1 1 1 1 1 1 1 Y:\Project Mgmt_Resources\Forms_Templates \Contracts \Contract Documents\lnfo. to Bidders.docx 111 1 1 INDEX TO INFORMATION TO BIDDERS (January 2015) I 1) Date and Place for Receiving Tenders IB -1 2) Tender Deposit IB -1 3) Submission of Tender IB -1 4) Clarification IB -2 5) Withdrawal of Tender 1B -2 6) Disqualification of Tender IB -2 1 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 1 23) Contract Release I13-7 24) Use of Premises D3 - 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 I3-7 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 IB -10 38) Garbage Collection and Blue Box Recycling IB -10 1 39) Dust Control IB -11 40) Disposal of Waste Asphalt 1B -11 1 1 I 1 1 r IB -1 INFORMATION TO BIDDERS 1) DATE AND PLACE FOR RECEIVING TENDERS: I Tenders will be received by: ' Murray Clarke, CAO Municipality of Kincardine 1475 Concession 5, R. R. 5 Kincardine, ON N2Z 2X6 until 12:00 noon, Wednesday, April 6, 2016 1 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: Thirty Five Thousand Dollars ($35,000.00). This deposit shall serve as evidence of good faith that if awarded the contract, the bidder will execute and enter into a formal agreement with the Owner within the time required and will furnish the security required to secure the performance of the terms and conditions of this contract. The tender deposit of the bidder whose tender is accepted shall be forfeited by him should he fail to execute a contract and provide the satisfactory bonds, referred to hereafter, within ten (10) days after receiving written notice from the Contract Administrator of the award of the contract to him. The deposits of unsuccessful bidders will be returned within thirty (30) days of the award of the contract. The deposit of the successful bidder shall be returned upon receipt of the performance bond and the signed contract. 3) SUBMISSION OF TENDER: a) Form of Tender: Tenders shall be submitted on the blank form herewith provided and shall give the lump sum and/or unit ' prices for the work, and the total tender shall be described in both words and figures. Bidders will be required to add 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 B3-2 1 b) Statement re Sub- Contractors: Where included in the contract documents, each bidder shall complete along with the tender, a list of 1 proposed Sub - Contractors showing the value of the work to be sublet to each. The value of work sublet shall not exceed 50% of the total work to any one subcontractor without written authorization of the Contract Administrator. Failure to provide this list may render the tender invalid. ' c) Agreement to Bond: Bidders must have the "Agreement to Bond" forms, or equivalent, of this contract completed by their , bonding company, and the same must be submitted with their tender in order to validate their bid. 4) CLARIFICATION: 1 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: 1 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. 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: 1 It is not necessary to complete the "Form of Agreement" when submitting your tender, but the successful bidder shall be required to complete the form upon notification of the award of the contract. 8) COMPETENCY OF BIDDERS: Bidders and Sub - Contractors must be capable of performing the various items of work bid upon. They may be required to furnish a statement covering experience on similar work, list of machinery available for the proposed work, and such statements of their fmancial resources as may be deemed necessary. 9) SUPERVISION OF WORK: ' 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. 1 1 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. Bidders are advised, and acknowledge, that this contract is tendered in Parts. The Owner may delete a Part or Parts as identified in the Form of Tender. Consideration of a bidder's price, when comparing the tenders may be based upon the value of a tender as amended with said Part(s) deleted. The Owner acknowledges that the contract will be awarded to only one bidder. 12) PERFORMANCE AND PAYMENT BONDS: 1 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. l 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. 1 i 1B -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, as well as the property owners that abut the project 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. The names of the additional insureds shall be provided upon the award of the contract. ' GC 6.03.07.01 has been amended as follows: The duration of each insurance policy, excluding completed operations coverage, shall be from 1 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: Time shall be the essence of this agreement. 1 b) Progress of the Work and Time for Completion: The Contractor shall complete this contract in its entirety by: June 24, 2016 If this time limit above specified is not sufficient to permit completion of the work by the Contractor working a normal number of hours each day or week on a single daylight shift basis, it is expected that additional and/or augmented daylight shifts will be required throughout the life of the contract to the extent deemed necessary by the Contractor to ensure that the work will be completed within the time limit specified. Any additional costs occasioned by compliance with these provisions will be considered to be included in the prices bid for the various items of work and no additional compensation will be allowed therefore. If the Contractor is delayed in the completion of the work, 1) by reason of changes or alterations made under Section GC3.07 of the General Conditions; 2) by reason of any breach of contract or prevention by the Owner or other Contractor of the Owner or any employee of any one of them; 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 be determined by the Contract Administrator, and notwithstanding such extensions, time shall continue to be deemed of the essence of this contract. 1 r � B3-5 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: It is agreed by the parties to the contract that in case all the work called for under the contract is not 1 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 fmishing 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): 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 fmal contract price. 1 1 1 1 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 1 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. 19) GEOTECHNICAL INVESTIGATION REPORT: If a geotechnical investigation was performed for this contract, the report will be made available at the 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: 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. 21) OCCUPATIONAL HEALTH AND SAFETY ACT 1 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 1 The Contractor shall submit a current clearance certificate from the Workplace Safety and Insurance Board (WSIB) in advance of each monthly payment. Payment certificates will not be issued without receipt of a valid Workplace Safety and Insurance Board Certificate. 1 1 r B3-7 23) CONTRACT RELEASE: 1 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. 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 obligations as set out in the General Conditions, Section GC7.01. 27) RESTRICTIONS ON OPEN BURNING: Any open burning must be in conformity with local municipal by -laws, regulations pursuant to The Ontario Fire Code and the conditions noted below. Open burning which does not conform to these policies may be in contravention of the Environmental Protection Act, RSO 1990. a) The Contractor shall assume full responsibility for conducting open burning in accordance with the safety measures required by police and fire services and the Ministry of Natural Resources ' and other regulatory bodies having jurisdiction. b) Open burning is prohibited in areas subjected to a smog alert advisory as issued by the MOE. c) The Contractor shall inform the District Officer of the Regional Operations Division of the ' Ministry of Environment, one week in advance, of the date when burning will commence. d) All open fires shall be limited as much as possible to daylight hours. e) All open fires shall be attended at all times. f) Open burning shall be located within the contract limits, no closer than 30 m to water bodies, and no closer than 150 m to any dwelling and shall be conducted in a manner that prevents odour, excessive smoke, material discomfort to nearby recipients, and a decrease in visibility on any ' roadway. g) No open fires shall be maintained when the wind is in such a direction as to cause a decrease in visibility on any highway. h) Open fires shall not be started on days of adverse weather such as rain, fog, or other conditions ' that prevent the ready dispersion of smoke. During the fire season this condition may be exempted in the fire zone, provided there are no occupied dwellings within 600 m. 1 1 IB -8 1 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 altemative to burning, be disposed of outside the right -of -way in a manner approved by the Contract 111 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: Work during the night, on Sundays or on Statutory Holidays shall not be permitted without the written permission of the Contract Administrator. 29) DRAINAGE: 1 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: 1 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: i 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. 1 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. 4 1 1 1 1 IB -9 b) Rural Areas: 1 If required under the Special Provision item, the Contractor shall construct a detour to carry vehicular traffic. The Contractor shall place proper detour signs, including adequate barricades and lights to clearly mark this detour throughout the entire length and to the satisfaction of the Contract Administrator. 1 c) General: I 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 1 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 I 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. I 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: I 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 1 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 I 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 fmishing 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. I 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 1 hours prior to pouring concrete. 34) EXCESS LOADING OF MOTOR VEHICLES: 1 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 1 of material hauled. 1 1 IB -10 1 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 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. 111 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 1 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: 1 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. 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. 1 38) GARBAGE COLLECTION AND BLUE BOX RECYCLING: The Contractor shall be responsible for co- ordinating the collection of all garbage and blue box recycling, 1 within the limits of the contract during construction, with the appropriate authority. 1 1 1 1 IB -11 39) DUST CONTROL 1 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. 1 Where the work requires the sawing of asphalt or the sawing or grinding of concrete, blades and grinders of the wet type shall be used together with sufficient water to prevent the incidence of dust, wherever dust I would affect traffic or wherever dust would be a nuisance to residents of the area where the work is being carried out. 1 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" 1 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). 40) DISPOSAL OF WASTE ASPHALT I Asphalt pavement and/or prime surface asphalt required for removal in carrying out the work of the various tender items included in this contract shall be disposed of either within the roadbed or outside the 1 contract limits. Disposal outside the contract limits shall be at a certified waste disposal site for asphalt. 1 Disposal of asphalt within the roadbed must be crushed and not contaminated with non - granular material. The crushed asphalt may be used for backfill to sewers or as selected fill material. 1 The contract price for the item requiring such work shall be full compensation for excavating, crushing, loading, hauling, and levelling and for all other work which may be required to dispose of the asphalt material and for providing a suitable site for material which is to be disposed of within the roadbed or 1 outside the contract limits. 1 1 1 1 1 1 1 r T -1 FORM OF TENDER r MUNICIPALITY OF KINCARDINE 1 MUNICIPAL PARKING LOT RECONSTRUCTION (2016) CONTRACT NO. 14038 r Tender by Bill & Tom Kemnton Construction Ltd. 1 residing at 2966 Amberley Road, RR #1 Ripley, ON NOG 2R0 a company duly incorporated under the laws of Ontario and having its head office at Ripley, ON g 1 hereinafter called the 'Bidder" 1 To -- Municipality of Kincardine I/We Bill & Tom Kempton Construction Ltd. having carefully examined the locality and site of the proposed works and all tender documents relating g Y t3' P p g I thereto, including the Form of Agreement, Special Provisions, Contract Drawings, Information to Bidders, Standard Specifications, Standard Drawings, Form of Tender, Supplemental General Conditions, General Conditions and Addendum/Addenda Numbers to * inclusive, hereby tender and offer in accordance I therewith to enter into a contract within the prescribed time, to construct the said work in strict accordance with the contract documents and such further detail drawings as may be supplied from time to time, and to furnish all labour, materials, tools, plant, matters and things necessary therefore, complete and ready for use 1 within the time specified for the sum, including HST, of Six Hundred Thirty Thousand, Seven Hundred Eighty Eight Dollars and Two Cents ($630,788.02) r 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. T -2 THE AFORESAID SUM IS MADE UP AS FOLLOWS: SCHEDULE OF ITEMS AND PRICES 1 Item Spec. # Description Qty./Unit Price Amount PART 1- PREFERRED OPTION ROADWORK 1 & 2 N/A 3 206, SP Earth excavation 1750 m 8.00 14,000.00 4 -6 N/A 7 314, SP Granular "B" Type I 2000 t 10.00 20,000.00 1 8 310, SP Hot Mix HL-4 1050 t 112.25 117,862.50 9 N/A 1 10 301, SP Restoring roadway surfaces 5750 m 2.25 12,937.50 11 -15 N/A 16 353, SP Concrete curb and gutter systems 315 m 48.00 15,120.00 1 (all types) • 17 N/A 18 351, SP Place concrete sidewalk and drives 1 a) Stamped coloured sidewalks (125 mm) 480 m 96.00 46,080.00 I 19 -25 N/A 26 710, SP Permanent Pavement Markings 1 a) White solid (all line painting) 1 L.S. 2,200.00 Sub -Total Roadwork -- 228,200.00 STORM SEWERS 1 27 401, 410, Supply, excavate for and place storm pipe 492, 517, sewers including bedding, granular backfill 518, SP 409 a) 300 mm HDPE CSA B182.6 120 m 175.60 21,072.00 1 T -3 Item Spec. # Description Qty./Unit Price Amount I b) 375 mm HDPE CSA B182.6 30 m 195.60 5,868.00 28 & 29 N/A 30 405, SP Supply and place 150 mm filter wrapped 135 m 30.00 4,050.00 1 perforated subdrain including excavation I Sub -Total Storm Sewers -- 30,990.00 31 -65 N/A 1 Total Part 1 259,190.00 PART 2 - ALTERNATIVE OPTION 1 ROADWORK • 1 &2 N/A II 206, SP Earth excavation m 3 1570 N/A 1 4 -6 N/A 7 314, SP Granular "B" Type I 1700 t N/A N/A 8 310, SP Hot Mix HL -4 1075 t N/A N/A 1 9 N/A 1 10 301, SP Restoring roadway surfaces 6100 m N/A N/A 11 -15 N/A I 16 353, SP Concrete curb and gutter systems 240 m N/A N/A (all types) I 17 N/A I 18 351, SP Place concrete sidewalks and drives I a) Stamped coloured sidewalks (125 mm) 300 m N/A N/A 19 -25 N/A 1 26 710, SP Permanent Pavement Markings a) White solid (all line painting) 1 L.S. N/A I Sub -Total Roadwork -- N/A 1 1 T-4 Item Spec. # Description Qty./Unit Price Amount 1 STORM SEWERS 1 27 401, 410, Supply, excavate for and place storm pipe 492, 517, sewers including bedding, granular backfill 518, SP 1 409 a) 300 mm HDPE CSA B182.6 122 m N/A N/A b) 375 mm HDPE CSA B182.6 28 m N/A N/A 1 28 & 29 N/A 1 30 405, SP Supply and place 150 mm filter wrapped 100 m N/A N/A perforated subdrain including excavation 1 Sub -Total Storm Sewers -- N/A 1 31 -65 N/A Total Part 2 N/A I PART 3 - COMMON ITEMS 1 ROADWORK 1 201, SP Clearing (trees all sizes) 1 LS 750.00 1 2 201, SP Grubbing (stumps all sizes) 1 LS 250.00 1 3 N/A I 4 501, 506 Water for compaction (supplied by the 200 m 10.00 2,000.00 Contractor) 1 5 506 Calcium chloride 6 t 500.00 3,000.00 6 314, SP Granular "A" 1 351 a) Parking lot and driving lanes 2900 t 12.00 34,800.00 1 b) Between 777 & 789 Queen 10 t 12.00 120.00 1 7 & 8 N/A 9 310, SP Hot Mix Miscellaneous I a) Between 777 & 789 2 ueen 45 m 66.00 2 Q 2,970.00 1 1 T -5 Item Spec. # Description Qty./Unit Price Amount I b) Other handlaid area (Provisional) 100 m 40.00 4,000.00 I 1 0 N/A 1 11 330, 510, Full depth asphalt removal SP 1 a) Parking lot and driving lanes 8600 m 1.51 12,986.00 b) Between 777 & 789 Queen (1.2 m wide) 45 m 20.00 900.00 12 408, SP Adjust existing maintenance holes and 3 Ea. 1,500.00 4,500.00 1 catch basins 13 407, SP Supply and install maintenance hole covers 2 Ea. 725.00 1,450.00 II and/or catch basin frame and grates I 14 510, SP Removal of existing maintenance holes and catch basins 1 a) Catch basins 2 Ea. 925.60 1,851.20 b) IPCB 1 Ea. 700.00 700.00 I 15 510, SP Removal of concrete curb and gutter 157 m 10.00 1,570.00 1 16 N/A 1 17 510, SP Removal of concrete sidewalk and 20 m 40.00 800.00 drives 18 351, SP Place concrete sidewalk and drives 1 a) Sidewalks (150 mm) 155 m 55.00 8,525.00 I b) Sidewalks (200 mm) 60 m 65.00 3,900.00 I c) Sidewalks - curb faced 2 m 105.00 210.00 19 802, SP Topsoil (imported) ' 10 mm thick 2 a) 100 th 20 m 20.00 400.00 1 T -6 • Item Spec. # Description Qty./Unit Price Amount b) 300 mm thick (planting areas) 40 m 20.00 800.00 20 804, SP Seeding and mulching 20 m 20.00 400.00 21 SP Modular concrete block retaining wall (Exposed vertical face) I a) Raised planter (between Lots 761 and 765) 16 m 641.25 10,260.00 I b) Around parking space behind Lot 761 20 m 657.00 13,140.00 (exposed on 2 sides) I 22 510, SP Miscellaneous removals a) Concrete barriers 4 Ea. 50.00 200.00 I b) Utility pole 1 Ea. 150.00 150.00 1 c) Aluminum posts 2 Ea. 50.00 100.00 d) Remove and reconstruct pressure treated 1 L.S. 500.00 I flowerbed 23 SP Install 200 mm dia steel bollards, 9 Ea. 500.00 4,500.00 1 concrete filled 24 SP Install signage 1 a) Limited Mobility Signs 3 Ea. 269.05 807.15 1 b) Accessible Signs 4 Ea. 269.05 1,076.20 c) 15 minute parking signs 4 Ea. 269.05 1,076.20 25 511, SP Handlaid rip rap including non -woven 12 m 100.00 1,200.00 geotextile 1 26 710, SP Permanent Pavement Markings I a) Stop bars (c /w STOP lettering) 2 Ea. 60.50 121.00 b) Arrow symbols 27 Ea. 25.30 683.10 1 c) No parking symbols 4 Ea. 16.50 66.00 Accessible parking symbol 7 Ea. 41.80 292.60 I d) Sub -Total Roadwork -- 121,054.45 1 T -7 Item Spec. # Description Qty./Unit Price Amount STORM SEWERS ' 27 N/A I 28 402, 407, Supply, excavate for, place and 517, 518, backfill catch basins including frames and grates 1 SP a) 600 mm x 600 mm (OPSD 705.010) 6 Ea. 1,780.00 10,680.00 I 29 402, 407, Supply, excavate for, place and 517, 518, backfill precast maintenance holes SP and maintenance hole catch basins I including frames and grates a) 1500 mm manhole (701.011) 1 Ea. 6,001.43 6,001.43 I 30 N/A 1 Sub -Total Storm Sewers -- 16,681.43 I WATERMAINS 31 401, 492, Supply, excavate for, place watermain 441, 442, including bedding, granular backfill I 517, 518, SP a) 50 mm PEX 108 m 143.03 15,447.24 32 492, 441, Supply, excavate for, place and backfill 517, 518, ductile iron fittings, including cathodic SP protection, mechanical thrust restraints I a) 150 mm dia. cap, tapped 50 mm 1 Ea. 465.00 465.00 b) 150 mm dia. cap 1 Ea. 396.80 396.80 1 c) 50 mm dia. blow -off assembly, complete 1 Ea. 1,362.40 1,362.40 with curb stop and fittings 1 d) Connect to existing watermain 1 Ea. 2,500.00 2,500.00 II 33 441, 517, Supply, excavate for, place and 518, SP backfill water service fitting, incl. tapping main and all connections I a) 25 mm main stops 3 Ea. 260.38 781.14 I T -8 • Item Spec. # Description Qty./Unit Price Amount b) 25 mm curb stops 3 Ea. 386.96 1,160.88 I c) 25 mm service tees 3 Ea. 437.42 1,312.26 I d) 38 mm main stop 1 Ea. 461.00 461.00 e) 38 mm curb stop 1 Ea. 554.47 554.47 I f) 38 mm service tees 1 Ea. 493.00 493.00 g) 50 mm curb stop 1 Ea. 573.00 573.00 I 34 401, 492, Supply, excavate for, place and backfill P 441, 517, water services, including bedding, and all 1 I 518, SP required connections, cathodic protection, granular backfill and restoration beyond 1 the general grading operations a) 25 mm dia. service tubing 7 m 210.38 1,472.66 1 b) 38 mm dia. service tubing 6 m 250.46 1,502.76 I 35 441, SP Swabbing, hydrostatic pressure testing, 1 L.S. 1,500.00 disinfection, and flushing of watermains I Sub -Total Watermains -- 29,982.61 ELECTRICAL ITEMS -- see Electrical Special Provisions 1 36 SP Supply and install Type Ll Lighting: includes 1 Ea. 1,575.00 1,575.00 one Luminaire on existing arm and utility pole 1 with new wiring and fuse holder. Adjust arm height on pole as required and coordinate with local utility I 37 SP 3 Ea. 8,820.00 26,460.00 Supply and install Type L2 Lighting: includes I two Luminaires and Pole with double decorative arm bracket, wiring and fuse holder. I 38 SP Supply and install raised decorative concrete 3 Ea. 1,575.00 4,725.00 bases (OPSD2200.011) for new L2 light poles 1 39 SP Supply and install Type L3 Lighting: includes 4 Ea. 1,575.00 6,300.00 one - Luminaire on existing arm and utility pole with new wiring and fuse holder. Adjust arm I height on pole as required and coordinate with local utility. 1 T -9 • Item Spec. # Description Qty./Unit Price Amount 40 SP Supply and install Type L4 Lighting: includes 2 Ea. 1,575.00 3,150.00 I one - Luminaire on existing arm and utility pole with new wiring and fuse holder. Adjust arm I height on pole as required and coordinate with local utility. I 41 SP Supply and install 53mm dia. rigid PVC duct 130 m 50.00 6,500.00 for parking lot lights. Include trenching, sand bedding, backfilling, and compaction. I 42 SP Provide the following at existing load centre: 1 L.S. 2,500.00 I a) New duct/conduit into cabinet from sidewall and concrete cutting of existing pad. Provide new concrete to restore to original condition. 1 b) One new 100A/2P breaker for feed to new pedestal c) Two new Large Rainproof Ventilators by I Hammond Manufacturing, part no. SDV280 d) Terminations, panel directory updates, wiring 1 tags, etc. 43 SP Provide power pedestal and concrete base, 1 including the following: a) New panelboard and breakers as indicated on 1 L.S. 9,555.00 drawings I b) NEMA 12 4-pole disconnect switch c) Two new bollards 44 SP Supply and install 55 mm dia. rigid PVC duct 6 m 130.00 780.00 for power pedestal, include trenching, sand 1 bedding, backfilling and compaction I 45 SP Supply and install power pedestal cable from 10 m 50.00 500.00 existing load center, 3C #3AWG Cu RW90 plus #6AWG Cu ground 1 46 SP Supply and install parking lot lighting cable from new power pedestal 2C #8AWG Cu 1 RW90 plus #8AWG Cu ground: a) Circuit L1B -2 100 m 10.00 1,000.00 1 1 T -10 Item Spec. # Description Qty./Unit Price Amount I 47 SP Type L1 and L2 light pole miscellaneous items: 8 Ea. 250.00 2,000.00 fusing, fuse holder, terminations, connectors, 1 heat shrink, tape, ground rods, pole wiring, ground wiring, etc. 111 48 SP Type L3 and L4 light pole miscellaneous items: 6 Ea. 567.00 3,402.00 fusing, fuse holder terminations, connectors, I heat shrink, tape, ground rods, rigid PVC conduit and wiring, weatherheads, ground, metal guard, etc. 1 49 SP Installation of vehicle charging station mounted 1 Ea. 2,866.50 2,866.50 on post I 50 SP Supply and install 35 mm dia. rigid PVC duct 5 m 150.00 750.00 for vehicle charging station. Include trenching, 1 sand bedding, backfilling and compaction 51 SP Supply and install parking lot lighting cable 9 m 45.00 405.00 I from existing load centre, 6C#6AWG Cu RW90 plus #6AWG Cu ground 52 SP Inspection, certification, testing, PM: 1 L.S. 1,417.50 a) ESA inspections and certificate I b) Megger testing of cables c) Shop drawings d) Project site meetings I e) Project management f) Contractor mobilization and demobilization I 53 SP Supply and install 75 mm dia. rigid PVC duct 70 m 52.00 3,640.00 for BMTS Communication including trenching, sand bedding, backfilling and compaction I 54 SP Provisional Items I a) Provide new 6ft. Cobra Head arms for Type Ll, 6 Ea. 210.00 1,260.00 L3 and L4 lights for existing hydro poles, incl. removal and disposal of existing arms I Sub -Total Electrical Items -- 78,786.00 1 MISCELLANEOUS ITEMS 55 706, SP Traffic control 1 a) Traffic control and pedestrian safety 1 L.S. 5,000.00 1 T -11 Item Spec. # Description Qty./Unit Price Amount 56 SP Cost of 100% Performance and 100% 1 L.S. 9,800.00 1 Labour and Material Payment Bonds and cost of insurance 57 SP Contingencies 1 L.S. 20,000.00 I 58 SP Lump sum to cover all other requirements 1 L.S. 5,000.00 of the contract not specifically covered by or related to the preceding items I 59 SP Pre- construction survey 1 a) Pre- construction survey report 1 L.S. 5,750.00 b) Post construction report 1 Ea. 875.00 875.00 60 SP Install mounting bracket for Eaton Car Charger 1 L.S. 275.00 (see Items 49 for electrical component) Sub -Total Miscellaneous Items -- 46,700.00 PROVISIONAL ITEMS 1 61 SP Removal of building foundation 5 m 10.00 50.00 62 410, SP Supply, excavate for, place and 1 backfill inline drain catch basins a) 300 mm dia. 1 Ea. 500.00 500.00 I 63 510, SP Remove and relay precast concrete I unit pavers (Provisional) a) Remove 20 m 50.00 1,000.00 1 b) Relay 20 m 150.00 3,000.00 I 64 410, 504, Reconnect existing drains and services 40 m 25.00 1,000.00 SP (up to 250 mm dia.) (Provisional) I 65 353 Catch basin setbacks 1 Ea. 275.00 275.00 Sub -Total Provisional Items -- 5,825.00 I Total Part 3 299 029.49 T -12 Item Spec. # Description Qty./Unit Price Amount 1 SUMMARY PART 1 259,190.00 PART 2 N/A PART 3 299,029.49 Sub -Total Parts 1 & 3 558,219.49 1 13% HST 72,568.53 TOTAL TENDER PARTS 1 & 3 630,788.02 1 Sub -Total Parts 2 & 3 N/A 13% HST N/A TOTAL TENDER PARTS 2 & 3 N/A • 1 This tender is divided into 3 parts. It is the intent of the Owner to award Part 3. Parts 1 and 2 will be reassessed when reviewing tenders and one of those parts will be deleted. 1 1 1 1 1 1 1 1 1 I T.A STANDARD TENDER REQUIREMENTS 1 I/We agree to complete the work within the time specified in the Information to Bidders. 1 I/We also agree that this Tender is subject to a formal contract being prepared and executed. 1 I/We also agree that the Owner shall have the option of: Deleting any Part or Parts shown in the Tender. 1 In submitting this Tender for the work, the Tenderer further declares: 1 (a) That no person, firm or corporation other than the one whose signature or seal is attached below, has any interest in this tender or in the contract proposed to be taken; I (b) That this tender is made without any connection, knowledge, comparison of figures or I arrangement with any other company, firm or person making a tender for the same work and is in all respects fair and without collusion or fraud; 1 (c) That no member of the Municipal Council or any officer of the Owner will become interested directly or indirectly as a contracting party without disclosing his interest and 1 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 I 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 1 whether any other tender had been previously accepted or not; I (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 1 Owner; (f) That the awarding by the Owner of the contract based on this tender shall be an 1 acceptance of the tender; 1 (g) The Tenderer solemnly declares that the several matters stated in the foregoing tender are in all respects true; 1 T -A Parts.doc 1 1 T -B ' (h) That if this tender is accepted, we the undersigned agree to furnish an approved surety bond for the proper fulfilment of the contract and to execute the Agreement in triplicate ' within ten (10) days after being notified so to do. In the event of default or failure on our part to do so, we the undersigned agree that the Owner shall be at liberty to retain the money deposited by us to the use of the Owner, and to accept the next lowest or any tender or to advertise for new tenders or to carry out the works in any other way deemed best and we also agree to pay to the said Owner the difference between this tender and any greater sum which the Owner may expend or incur by reason of such default or failure, or by reason of such acting, as aforesaid, on their part including the cost of any advertising for new tenders and to indemnify and save harmless the said Owner and its officers from all loss, damage, cost, charges and expenses which they may suffer or be put to by reason of any such default or failure on our part. The "Agreement to Bond" of the 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 1 to 100% of the contract price, is enclosed herewith. A certified cheque for the sum of Thirty -Five Thousand ($35,000.00) is attached hereto. DATED AT Amberley this 7 day of April , 20 16 . (Signed) (Signed) Signature of Witness Signature of Bidder NOTE: If the tender is submitted by or on behalf of an incorporated company, it must be signed in the name of such company by the duly authorized officers and the seal of the corporation must be affixed. If the tender is submitted by or on behalf of an individual or a partnership, a seal must be affixed opposite the signature of the individual or the partner. 1 1 1 14038 -T -B 2 Bonds.docx 1 STATEMENT RE: SUB- CONTRACTORS The following is a list of Sub - Contractors or Sub - Trades intended to be used in the execution of the contract showing the approximate portion of the work to be allotted to each. ' ITEM SUB - CONTRACTORS Name and Address Percent of 1 1. Contract Asphalt Lavis Contracting 1 Clinton, ON 2. Landscaping Huron Landscaping Lucknow, ON 3. Pulverizing Claussen Farms 1 4. 1 5 1 6. 7. 8. 9. 1 10. 1 11. 1 12. Y:\ Project _Mgmt_tesources\Forms_Templates \Contracts \Contract Documents \Sub- Contractors.docx 1 r AGREEMENT TO BOND (PERFORMANCE BOND AND LABOUR AND MATERIALS PAYMENT BOND) ** Date: , 20 PROJECT NO. CONTRACT NO. ' TO: Dear Sirs: ' RE: ' In consideration of (hereinafter referred to as "the Owner ") accepting the tender of and executing an Agreement with: (hereinafter referred to as "the Tenderer ") for the construction of ' subject to the express conditions that the Owner receive the Performance Bond and the Labour and Material Payment Bond in accordance with the said tender, we the undersigned hereby agree with the Owner to become bound to the Owner as surety for the Tenderer in a Performance Bond and a Labour and ' Material Payment Bond each in an amount equal to 100% of the contract price, in the forms of Performance Bond and Labour and Material Payment Bond provided and in accordance with the said tender, and we agree to furnish the Owner with said Bonds within seven (7) days after notification of the acceptance of the said tender and execution of the said Agreement by the Owner has been mailed to us. • Yours very truly, (Seal) NOTE: This Agreement to Bond must be executed on behalf of the Surety Company by its authorized officers under the company's corporate seal. Of the two forms bound herein, one shall become a part of the tender and the other shall be retained by the Surety Company. ** Enter the name and address of the Surety Company at the top of the page. F: \wp\ Contracts \Forms\AgToBond- 2bonds.doc PERFORMANCE BOND Bond No. Project No. Amount $ Contract No. KNOW ALL MEN BY THESE PRESENTS, that we ' hereinafter called "the Principal" ' and 1 hereinafter called "the Surety ", are jointly and severally held and firmly bound unto ' hereinafter called "the Obligee" its successors and assigns, in the sum of Dollars ($ ) of lawful money of Canada, to be paid unto the Obligee, for which payment well and truly to be made we the Principal and Surety jointly and severally bind ourselves, our and each of our respective heirs, executors, administrators, successors and assigns by these presents. 1 SIGNED AND SEALED with our respective seals and dated this day of P� Y 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. III Performance Bond Page 2 1 Provided further and it is hereby agreed and declared that there shall be no liability under this I 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. 1 Provided always and it is hereby agreed and declared that the Obligee and the Principal have the right to change, alter and vary the terms of the Contract and that the Obligee may in its discretion at any time or times take and receive from the Principal any security whatsoever and grant any extension of time thereon or on any liability of the Principal to the Obligee. I 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 I 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. 1 Provided further and it is hereby agreed and declared that the Surety shall not be liable for a greater sum than that specified in this bond. In Witness Whereof the Principal and the Surety have executed these presents. 1 1 SIGNED AND SEALED BY THE PRINCIPAL ) I ) Per: In the presence of: ) ) Per: ' ) Principal Witness ) 1 Occupation ) i Address ) Surety F : \wp \Contracts\Forms\Performance Bond.doc 1 1 1 LABOUR AND MATERIAL PAYMENT BOND 1 Bond No. Project No. Amount $ Contract No. ' KNOW ALL MEN BY THESE PRESENTS, that we hereinafter called "the Principal", and hereinafter called "the Surety ", are jointly and severally held and firmly bound unto as Trustee, hereinafter called the "Obligee ", for the use and benefit of the Claimants, their and each of the their heirs, executors, administrators, successors and assigns, in the amount of 1 Dollars ($ of lawful money of Canada, for the payment of which sum well and truly to be made we the Principal and Surety jointly and severally bind ourselves, our and each of our respective heirs, executors, administrators, successors and assigns by these presents. WHEREAS by an agreement in writing dated the day of 20 the Principal entered into a contract with the Obligee, hereinafter called "the Contract ", for 1 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: 1 1 1 1 Labour and Material Payment Bond Page 2 1 1. A Claimant for the purpose of this Bond is defined as one having a direct contract with the Principal for labour, material, or both, used or reasonably required for use in the performance of the Contract, labour and material being construed to include that part of 1 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 I to the Principal to be used in the performance of the Contract under a contract which provides that all or any part of the rent is to be applied towards the purchase price thereof shall only be a Claimant to the extent of the prevailing industrial rental value of such I equipment for the period during which the equipment was used in the performance of the Contract. I 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 I date on which the last of such Claimant's work or labour was done or performed or materials were furnished by such Claimant, may as a beneficiary of the trust herein provided for, sue on this Bond, prosecute the suit to final judgment for such sum or slims I 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 I 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 1 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 I 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. 1 3. No suit or action shall be commenced hereunder by any Claimant: I (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 I 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 Labour and Material Payment Bond Page 3 1) in respect of any claim for the amount or any portion thereof required to be held back from the Claimant by the Principal under either the terms of the Claimant's contract with the Principal or under the Construction Lien Act, Chapter 6, S.O. 1983 applicable to the Claimant's contract with the Principal, whichever is the greater within one hundred and twenty (120) days after such Claimant should have been paid in full under ' the Claimants contract with the Principal. 2) in respect of any claim other than for the holdback, or portion thereof, referred to above, within one hundred and twenty (120) days after the date upon which such Claimant did, or performed, the last of the work or labour or furnished the last of the materials for which such claim is made, under the Claimant's contract with the 1 Principal. (b) After the expiration of one (1) year following the date on which the Principal ceased work on the Contract, including work performed under the guarantees provided in the Contract. (c) Other than in a Court jurisdiction in the Province of Ontario, and the parties hereto agree to 1 submit to the jurisdiction of such Court. 4. The amount of this Bond shall be reduced by, and to the extent of any payment or 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 have the right to change, alter and vary the terms of the Contract, and that the Obligee may in its discretion at any time or times take and receive from the Principal any security whatsoever and grant any extension of time thereon or on any liability of the Principal to the Obligee. PROVIDED FURTHER and it is hereby agreed and declared that the Principal and the Surety shall not be discharged or released from liability hereunder and that such liability shall not be in any way affected by any such changes, alterations, or variations, taking or receiving of security, or extension of time, as aforesaid, or by the exercise by the Obligee of any of the rights or powers reserved to it under the Contract or by its forebearance to exercise any such rights or powers, including (but without restricting the generality of the foregoing) any changes in the extent or nature of the works to be constructed, altered, repaired or maintained under the Contract, or by ' any dealing, transaction, forebearance or forgiveness which may take place between the Principal and the Obligee. 1 1 1 1 Labour and Material Payment Bond Page 4 PROVIDED FURTHER and it is hereby agreed and declared that the Surety shall not be liable a gr ty 1 be for a greater sum than that specified in this Bond. IN WITNESS WHEREOF the Principal and the Surety have AFFIXED THEIR SIGNATURES AND CORPORATE SEALS this day of , 20 1 SIGNED AND SEALED BY THE PRINCIPAL ) ) In the presence of: ) ) ) Principal Witness ) ) Occupation ) ) Address ) Surety 1 1 1 1 1 1 F: \wp \Contracts\Fonns\L,&M Bond.doc 1 1 1 SCHEDULE OF PLANS, SPECIFICATIONS, GENERAL CONDITIONS & STANDARDS The work specified in this contract will be performed in strict accordance with the following plans, specifications, General Conditions, standards, etc. for the Municipality of Kincardine, Municipal Parking Lot Reconstruction (2016), Contract No. 14038. A. SPECIAL PROVISIONS - Pages SP -1 to SP -42 and Electrical Special Provisions B. PLANS - Drawing Nos. 1 to 7, E -1 to E -4 C. INFORMATION TO BIDDERS - Pages IB - to m-11 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 /11 301 - Nov /09 351- Nov /15 401 - Nov /15 409 - Nov /13 504- Nov /09 706 - Nov /10 310- Nov /12 353- Nov /10 402- Nov /13 441- Nov /14 506 - Nov /13 710 - Nov /10 201 - Nov /11 405- Nov /08 442- Nov /10 511- Nov /13 407- Nov /15 492 - Nov /15 517- Nov /10 802 - Nov /10 408 - Nov /15 518- Nov /11 OPSS.MUNI — Municipal Oriented 206 - Nov /13 314 - Nov /15 410 - Nov /15 501 - Nov /14 721 - Nov /14 804 - Nov /14 330- Nov /14 510- Nov /14 E. S TANDARD 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 310.010 400.010 600.100 701.011 802.010 1104.010 1109.011 310.020 600.110 704.010 809.010 1104.020 1109.025 350.010 600.040 610.010 705.010 2200.011 BMROSS - Standard Drawings 700 1101 F. FORM OF TENDER G. SUPPLEMENTAL GENERAL CONDITIONS H. GENERAL CONDITIONS - OPSS.MUNI 100 Rev. Date: 11/2006 I. AGREEMENT J. PERFORMANCE BOND K. LABOUR AND MATERIAL PAYMENT BOND L. CONTRACT RELEASE M. STATUTORY DECLARATION RE PAYMENT OF ACCOUNTS N. STATUTORY DECLARATION RE LIENS AND LIABILITIES O. APPENDIX "A" 1 1 1 1 1 1 1 SPECIAL PROVISIONS 1 1 1 1 1 I INDEX TO SPECIAL PROVISIONS I General Management of Excess Materials- Contractor SP -1 Restoration SP -1 Co- ordination of Work by Others SP -2 Access to Entrances to Buildings SP -2 Public Notices SP -2 Item No. 1 Clearing (Trees All Sizes) SP -3 I Item No. 2 Grubbing (Stumps All Sizes) SP -3 Item No. 3 Earth Excavation SP -3 I Item Nos. 6 & 7 Granular "A" and Granular `B" Type I SP-4 Item Nos. 8 & 9 Hot Mix HL -3, HL -4, and Hot Mix Miscellaneous SP -4 0 Item No. 10 Restoring Roadway Surfaces SP -8 Item No. 11 Full Depth Asphalt Removal SP -8 1 Item No. 12 Adjust Existing Maintenance Holes and Catch Basins to Grade SP -8 Item No. 13 Supply & Install Maintenance Hole and/or Catch Basin Frames & Grates SP -8 Item No. 14 Removal of Existing Maintenance Holes and Catch Basins SP -9 Item No. 15 Removal of Concrete Curb or Curb and Gutter SP -9 Item No. 16 Concrete Curb and Gutter Systems (All Types) SP -9 'I Item No. 17 Removal of Concrete Sidewalk and Drives SP -10 Item No. 18 Place Concrete Sidewalk and Drives SP -10 1 Item No. 19 Topsoil (Imported) SP -12 Item No. 20 Seeding and Cover SP -12 Item No. 21 Modular Concrete Block Retaining Wall SP -13 Item No. 22 Miscellaneous Removals SP -13 Item No. 23 Install 200mm dia. Steel Bollards, Concrete Filled SP -14 1 Item No. 24 Install Signage SP -14 Item No. 25 Handlaid Rip Rap Including Non -Woven Geotextile SP -14 1 Item No. 26 Pavement Markings SP -15 Item No. 27 Supply, Excavate for, Place and Backfill Storm Pipe Sewers SP -16 1 Item No. 28 Supply, Excavate for, Place and Backfill 600 mm x 600 mm SP -19 Catch Basins (705.010), Including Frame and Grates Item No. 29 Supply, Excavate for, Place and Backfill 1500 mm Precast SP -20 Maintenance Hole -Twin Inlet Catch Basins, OPSD 701.011 Including Frames and Grates Item No. 30 Supply and Place 150 mm Filter Wrapped Perforated Subdrain SP -21 I Including Excavation 1 I 1 Item Nos. 31 -34 Watermain Installation SP -21 Item No. 35 Swabbing, Hydrostatic Pressure Testing, Disinfection and Flushing SP -31 of Watermains Item Nos. 36 -54 see Electrical Special Provisions following Item No. 55 Traffic Control and Pedestrian Safety SP -36 Item No. 56 Bonding and Insurance SP -37 Item No. 57 Contingencies SP -37 Item No. 58 Lump Sum for Other Requirements SP -38 Item No. 59 Pre - Construction Survey SP -38 Item No. 60 Install Eaton Car Charger SP-40 Item No. 61 Remove Building Foundations (Provisional) SP -40 Item No. 62 Supply, Excavate for, Place and Backfill Inline Drain Catch Basins SP -40 1 (Provisional) Item No. 63 Remove and Relay Precast Concrete Pavers (Provisional) SP -41 Item No. 64 Reconnect Existing Drains and Services (up to 250 mm dia.) SP -41 1 (Provisional) 1 1 1 1 1 1 1 1 1 1 1 SP - 1 1 GENERAL 1 MANAGEMENT OF EXCESS MATERIALS- CONTRACTOR 1 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 by the Contractor outside the contract limits. 1 RESTORATION When noted in the Form of Tender or identified in the Special Provision, the unit P rice bid for the appropriate item(s) shall include complete restoration. All restoration shall be as noted below in the General Restoration Requirements. 1 Restoration Beyond the Limits of General Grading Operations When noted in the Form of Tender or identified in the Special Provisions, the unit price bid for 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 1 shall be as noted below in the General Restoration Requirements. General Restoration Requirements j All restoration shall be in accordance with OPSS 492 and the following: (a) Lawn, non -lawn, non - roadway areas -- 100 mm of approved topsoil levelled and graded to 1 conform to the existing ground, followed by an approved seed and mulch application. (b) 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. (c) Where existing roadway /driveway is gravel -- 300 mm of imported Granular `B" Type I; and 150 mm of imported Granular "A ". (d) 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 1 1 SP -2 with crushed limestone; and for commercial drives -- 200 mm of 30 MPa concrete with crushed limestone. (e) Where existing driveway or sidewalk is brick or unit pavers — 300 mm minimum of imported Granular `B" Type I and 200 mm of imported Granular "A" and 25 mm to 38 mm of limestone screening and match existing patterns. (f) All disturbed or damaged concrete structures, such as sidewalks, curbs and gutter, etc., shall be removed and replaced including 125 mm of Granular "A ". (g) 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. (h) Salvaged granular material shall not be used above sub -grade or re -used as Granular `B" 1 Type I unless a granular analysis is performed at the Contractor's expense. NOTE • In (a) above, it will be the Contractor's responsibility to ensure a catch of grass at the termination of the contract. • All asphalt surfaces shall be saw -cut prior to resurfacing. • All concrete structures shall be saw -cut prior to replacement. CO OF WORK BY OTHERS 111 The Contractor will co- ordinate his work with local utility companies for the installation of new underground ducts and lines. 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. Sparlings Propane may need to lower the propane line between the propane tank and building behind 765 Queen Street. BMTS to remove the leaning utility pole located behind lot 765. ACCESS TO ENTRANCES OF BUILDINGS Access to all entrances shall be maintained at all times during construction and temporary access shall have a minimum width of 1.0 metres. The method of access shall be submitted to the Contract Administrator for approval. Pedestrian access to the stores and second storey residential shall be maintained at all times and delineated from the construction by the means of security fence. The Contractor shall coordinate with local business to allow for business related deliveries. 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 action§ 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 SP - 3 1 ITEM NO.1 1 CLEARING (TREES ALL SIZES) 1 For the lump sum bid, the Contractor shall cut down and remove trees and vegetation which will interfere with the proposed works, 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. 1 ITEM NO. 2 GRUBBING (STUMPS ALL SIZES) 1 For the lump sum bid, the Contractor shall completely remove all stumps and roots which will interfere with the proposed works 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 P PP Y 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. ITEM NO. 3 EARTH EXCAVATION Excavation to Subgrade 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. The unit price bid shall also include all excavation and grading required for sidewalks and all 1 excavation required at side streets and entrances. The unit price bid shall include the removal and disposal of and any 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 curbs at sites as established by the Contract Administrator. The Contractor may be required to salvage existing granular material to be used as 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 actual calculated areas for the excavation and actual volume for excavation. 1 1 SP-4 1 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. 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 %. 1 ITEM NOS. 8 & 9 HOT MIX HL -3, HL-4 AND HOT MIX MISCELLANEOUS 1 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 III 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. 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. 1 310.06 Equipment OPSS 310 is amended in that no surface trial coat area shall be required under this contract. Prior to paving, the Contractor shall submit a list of equipment that will be used. The list shall 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. 1 SP -5 1 310.07 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 1 OPSS 310.07.05.01 Asphalt Cement - Asphalt cement sampling and testing is not a requirement of the contract. 1 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 are 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 - 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 11 course of asphalt. The tonnage required for HMA padding will be included with the appropriate HMA item. 1 310.07.11.03- 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 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. 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. 1 1 1 SP -6 1 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 1 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 -3 and HL-4 Payment to the contractor for hot mix HL -3 and HL-4 to be based on changes to the Ministry of 1 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.raqs.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. I 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 HMA 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. 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 i the $15.00 float, multiplied by the mimber of tonnes of PGAC incorporated in the mix(s) as determined by the average of field test results. 1 SP - 7 1 1 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. 1 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 1 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 $750 /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 111 by the average of field test results. For mixes which contain reclaimed asphalt pavement, the increase due the Contractor or the 1 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 30' effective for the September 11 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 1 1 SP -8 1 ITEM NO. 10 RESTORING ROADWAY SURFACES i For the unit price bid, the Contractor shall fme grade parking lot and roadway surfaces. The Contractor shall fme grade and compact the roadway to the limits established by the Contract Administrator at the time of construction. I ITEM NO. 11 FULL DEPTH ASPHALT REMOVAL 1 For the unit price bid, the Contractor shall remove or pulverize the entire existing bituminous pavement, as indicated on the drawings, typical cross - section or to the limits established by the Contract Administrator, in accordance with OPSS 330. Payment at the unit price bid shall be full compensation for all labour and equipment required to remove the pavement to a well graded base to the cross- section shown on the typical section. Included in the unit price bid for this item shall be all required saw cutting of existing asphalt surfaces. All saw cut joints shall be straight. 1 ITEM NO. 12 1 ADJUST EXISTING MAINTENANCE HOLES AND CATCH BASINS TO GRADE For the unit price bid, the Contractor shall supply all labour, equipment and material to adjust the 1 designated maintenance holes or catch basins to the grade established by the Contract Administrator at the time of construction. The frames and grates shall be adjusted by removing or placing additional precast concrete adjustment units as per OPSS 408 and OPSD 704.010. Par leg 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 ITEM NO. 13 SUPPLY AND INSTALL MAINTENANCE HOLE AND /OR CATCH BASIN FRAMES AND GRATES 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 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. All surfaces on the frames and grates shall be painted in the shop with one coat of asphalt or tar based paint having a minimum softening point of 71 °C. All joints to be thoroughly coated. 1 SP -9 1 ITEM NO. 14 1 REMOVAL OF EXISTING MAINTENANCE HOLES AND CATCH BASINS For the unit price bid, the Contractor shall supply all labour, equipment and material to excavate, 1 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 1 Excess Materials. ITEM NO. 15 1 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. 1 Management of excess materials shall be as outlined under the General SP- Management of Excess Materials. 1 ITEM NO. 16 1 CONCRETE CURB AND GUTTER SYSTEMS (ALL TYPES) For the unit price bid, the Contractor shall supply all labour, equipment and materials for the t complete construction of the specified style of concrete curb & gutter, in accordance with OPSS 353 — Construction Specification for Concrete Curb and Gutter Systems. General Concrete shall conform with CAN /CSA A23.1 and shall be Exposure Class C -2 with the following specifications: • 32 MPa 1 • 0.45 w/c ratio • 5 -8% Air Entrainment 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. 1 1 1 SP -10 1 When placing concrete curb and gutter by the slip form method, contraction joints shall be saw - cut in the hardened concrete within a sufficient time of placing of the curb and gutter to prevent 1 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 I 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. I 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- III construction meeting. I ITEM NO. 17 REMOVAL OF CONCRETE SIDEWALK AND DRIVES I 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 I limits established by the Contract Administrator at the time of construction. The unit rice bid shall include saw cutting existing concrete p g g o Crete sidewalk or drives at the limits I 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. 1 Excavated material and concrete shall be disposed of as outlined under the General SP - Management of Excess Materials. 1 ITEM NO. 18 I PLACE CONCRETE SIDEWALK AND DRIVES For the unit price bid, the Contractor shall supply all labour and materials to place concrete I 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 1 following specifications: • 32 MPa I • 0.45 w/c ratio • 5 -8% Air Entrainment I 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. 1 SP -11 1 1 OPSS 351 is amended to include the following: 351.05.01 - Concrete - coarse aggregate shall be crushed limestone 1 351.05.04 - 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 fmishing 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 Concrete Colouring The colouring shall be integrally mixed with the aggregates and cement at the ready mix batch plant. Care shall be taken to prevent colouring from spreading onto adjacent features. Plastic sheeting to be used to protect adjacent sidewalks, curbs, buildings, etc. The Contractor shall provide a qualified foreman or supervisor, who has at minimum, five Y ears experience with imprinted and textured concrete, and who has successfully completed imprinted concrete installations of high quality and similar in scope to that specified herein. 1 The concrete shall be Harvest blend colour using an approved colour pigment supplied by Bomanite or approved equal. The Contractor is to verify and get approval from the Contract Administrator and Owner of colour prior to any installations. Samples shall be provided for acceptance. The above noted product shall match the Queen Street unit paver sidewalks. Pattern Concrete 1 The Contractor shall also include in his unit price bid the supply and application of release agents and sealer. The cast -in -place concrete shall be imprinted on the site by trained and experienced workmen. The pattern to be used shall match the existing unit paver sidewalk on Queen Street. The 1 Herringbone Brick Stamp provided by Stamperete International Ltd has a close resemblance. The Contractor shall provide a curing compound to be applied to the surface of all imprinted 1 concrete. The curing compound shall be applied as per the manufacturer's specifications. 1 1 1 SP -12 1 The Contractor shall provide and use a release agent to facilitate the release of the imprinting tools from the concrete surface and to provide moderate colour variations to the textured surface. The release agent shall be applied evenly to the troweled surface prior to imprinting and applied as per the manufacturer's specifications. The Contractor shall provide and use a sealer for all imprinted concrete. The sealer shall be a clear sealer with a non -slip additive being used — SureGrip or equivalent to be used. The concrete shall be washed prior to sealing. Curb Faced Sidewalks 1 The proposed sidewalk that is to be poured adjacent to the modular block retaining wall behind Lot 761 shall be a curb faced sidewalk with a 125mm exposed curb face and a minimum depth below grade of 200 mm. ITEM NO. 19 TOPSOIL (IMPORTED) For the unit rice bid, the Contractor shall supply all labour and materials to place approved P � PP Y P PP 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 fme 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 fme grading, supplying, placing and raking the topsoil shall be included in the unit price bid. ITEM NO. 20 SEEDING AND COVER For the unit price bid, the Contractor shall supply all material, equipment and labour to place the fertilizer, seeding and mulching 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 material and construction procedures shall be in accordance with OPSS 804. Cover material shall be hydraulic mulch, unless defined elsewhere in the contract. The permanent seed shall be top quality Standard Roadside Mix, consisting of the following: Creeping Red Fescue 50% Kentucky Bluegrass 10% Perennial Ryegrass 35% White Clover 5% SP -13 1 1 The rate of application for the seed shall be 1.3 kg per 100 m as per OPSS 804 Table 2. The cover shall be hydraulic mulch and shall be applied at a rate of 2 kg of dry product per 100 m The Contractor shall guarantee a catch of grass as per OPSS 804 and will be responsible for all reseeding if necessary. OPSS 804.08 - Quality Assurance has been amended to evaluate the performance of the seed. In addition to the 30, 60, and 90 day evaluation, the growth will also be evaluated at the expiration of the guaranteed maintenance period. The performance of the seed will not be evaluated during , the winter dormant period or when site conditions prohibit a visual field inspection. ITEM NO. 21 MODULAR CONCRETE BLOCK RETAINING WALL Under this item, the Contractor shall supply, install and backfill a modular concrete block retaining wall. The concrete block system shall be `Fieldstone' Tumbled precast concrete by Lafarge, or an equivalent product as approved by the Contract Administrator. Colour to be `Chartan' blend colour. The blocks shall have a tumbled texture. Where both sides of the wall will be exposed, the wall t shall have a dual split face feature. The top of coping blocks shall have a smooth top fmish, without ribs or grooves. The wall height and location shall be as shown on the drawings. The blocks shall be set with such skill that the vertical and horizontal alignment is straight and true to the eye at the completion of the wall assembly. Under this item, the Contractor shall supply, place, "A" pp y, p ace, level and compact Granular A bedding and backfill to the strict requirements of the retaining wall supplier. nt for this item shall Payment tem shal be on a per lineal metre basis and shall be full compensation for excavating for, supplying and installing the modular block retaining wall, granular foundation and granular backfill, geotextile and shoring. The Contractor is responsible for obtaining the retaining wall design and submitting the design for approval. ITEM NO. 22 MISCELLANEOUS REMOVALS Concrete Barriers For the unit price bid, the Contractor shall supply all labour equipment and materials to remove the existing concrete barriers, and temporarily set them aside until such time that Sparlings Propane arrives onsite to remove the barriers from the site. The Contractor shall co- ordinate the work with Sparlings Propane representative, Don Allen, cell 226-222-0875. 1 SP -14 1 Utility Pole For the unit price bid, the Contractor shall supply all labour, equipment and materials to remove and dispose of the utility pole that is located at the south limit of the project. Upon removal of the pole, the void space shall be filled with granular material, and restored as per the General Restoration specification. Pressure Treated Flowerbed For the lump sum bid, the Contractor shall supply all labour, equipment and materials to remove the pressure treated flower bed located between the propane tank and the trailer on Lot 765 in order to install the proposed storm sewer between CB4 and CB6. Upon completion of the storm sewer installation and placement of rip rap, the flower bed shall be reconstructed using similar dimensional, pressure treated timber. 1 ITEM NO. 23 1 INSTALL 200 mm dia. STEEL BOLLARDS, CONCRETE FILLED For the unit price bid, the Contractor shall supply all labour, equipment and materials for the 111 complete installation of 200 mm diameter steel bollards. The bollards shall extend to a minimum of 1200 mm below finished grade and 1000 mm above fmished grade. Bollards shall be filled with concrete. Steel bollards shall be painted yellow using a rust preventative paint (minimum 2 coats). The exact locations of the bollards shall be determined by the Contract Administrator at the time of construction. 1 ITEM NO. 24 1 INSTALL SIGNAGE For the unit price bid per each, the Contractor shall supply and install accessible parking signs, limited mobility parking signs, and 15 minute maximum parking signs at locations determined by the Contract Administrator. The signs are to include u -flanged steel post and associated hardware. The limited mobility and accessible parking sings shall comply with the Accessibility for Ontarians with Disabilities Act (AODA). The 15 minute maximum parking signs shall comply with the Ontario Traffic Manual. Signs shall be installed prior to placing sidewalks and paving. 1 ITEM NO. 25 ' HANDLAID RIP RAP INCLUDING NON -WOVEN GEOTEXTILE For the unit price bid, the Contractor shall supply all labour, equipment and material to place the handlaid rip rap and geotextile fabric as indicated on the contract drawings, or to the limits established by the Contract Administrator at the time of construction. 1 SP -15 1 The installation shall include the geotextile being keyed into the surrounding soil. Materials • Rip Rap Classification shall be R -10 as per OPSS.MUNI 1004 - Table 8, Gradation 1 Requirements for Gabion Stone and Rip -Rap. • The Geotextile shall be a non - woven, Class II, according to OPSS 1860, with a FOS of 75 to 150 pm. 1 ITEM NO. 26 1 PAVEMENT MARKINGS For the lump sum price bid, the Contractor shall supply all labour, material and equipment for mixing and applying pavement markings, as shown on the drawings. The Contractor will mark all lines and symbols in accordance with the Ontario Traffic Manual Book 11 and MTOD Standard Drawing MTOD 101.070. Materials i Paint 1. Alkyd reflectorized traffic paint to CGSB 1 -GP 149 M. 1 2. Colour: to CGSB 1- GP -12C; Yellow 505 -308, and White 513 -301. Thinner to CGSB 1 -GP -5 M. 1 Execution 1 Equipment Paint applicator to be an approved pressure type distributor capable of applying paint in single or double and dashed lines and that will ensure uniform application and having a positive shut -off. Conditions of Surface Pavement surface to be free from surface water, frost, ice, dust, oil, grease and other foreign 1 materials. Application 1 1. Pavement marking will be laid out as shown on the drawings and as determined by the Contract Administrator. 2. Unless otherwise approved by the Contract Administrator, apply paint only when air temperature is above 10 °C and no rain in forecast. 3. Apply traffic paint evenly at a rate of 3 m 1 1 SP -16 4. Do not thin paint unless approved by Contract Administrator. 5. Symbols and letters to conform to dimensions of the Accessibility of Ontarians with Disabilities Act (AODA). 6. Paint lines to be of uniform colour and density with sharp edges. 7. Pavement marking colour as per contract drawings and AODA. 1 8. Pavement markings to be within ±15 mm or dimensions specified. 9. Protect pavement markings until dry. 10. The unit price for pavement markings shall be for one (1) application of paint. 1 All other work shall be in accordance with OPSS 710. Pavement Marking Chart Approximate Approximate Type Location Quantity Solid White S outh driving lane 85 m Radii on east end of lot 25 m Parkin g Spaces aces 177 Ea. Stop Blocks including "STOP 2 Ea. text 1 Symbols Accessible Parking 7 Ea. Arrows 27 Ea. No Parking 4 Ea. I ITEM NO. 27 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 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: ' (a) Concrete Sewer Pipe (Rigid) - 150 mm to 250 mm non - reinforced Class 3 — CSA certified to A257.1 - 300 mm or greater reinforced as specified in the tender form — CSA certified to A257.2 (b) Polyvinyl Chloride (PVC) Pipe (Flexible) - Class SDR 35 or Class V (320 kPa) - Annular ribbed profile for ripped pipe (c) Polyethylene Sewer Pipe (Flexible) - CSA certified Sewer Class to B 182.6 - 150 min to 750 mm 1 SP -17 1 - smooth inner wall, annular corrugated profile (320 kPa), 15 PSI bell and spigot joints 1 shall have elastomeric gaskets (CSA certified to B 182.6) 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. 1 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 Backfill 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 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. All excavated material not required for backfill shall be disposed as outlined under q p the General SP — Management of Excess Materials. The cost of this work shall be included in the unit price bid of sewer. Should the Contractor decide to use stone bedding to assist with trench stabilization it shall be at the Contractor's expense. It is also to be noted that the use of stone may result in settlements; as such, the Contractor shall assume all risk in its use. 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. 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. 1 1 SP -18 410.07.16.05- Deflection Testing of Pipe Sewers is always a requirement when using flexible pipe. The unit price bid for the flexible pipe shall include all costs of this testing. I 410.07.16.06 - Closed Circuit Television Inspection of Pipelines is a requirement of the contract. All work shall be in accordance with OPSS4 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 P P shall be promptly corrected and re- inspected with CCTV inspection. All costs associated with the CCTV inspections shall be borne by the Contractor. ' 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 determined by the Contractor with a list of the proposed equipment being submitted at the pre - construction meeting. ' Backfill shall be laced to a minimum depth of 900 mm above the crown of the pipe before P P PP 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 P P P 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. 1 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. 1 Connecting Sewers For the unit price bid, the Contractor will be required, to make all connections to new and existing catch basins, maintenance holes, culverts, or sewers (regardless of pipe material) in a 1 SP -19 1 manner set out in the contract drawings or as determined by the Contract Administrator at the 1 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 1 Restoration shall be as outlined under General SP - Restoration. ITEM NO. 28 1 SUPPLY, EXCAVATE FOR, PLACE AND BACKFILL 600 mm x 600 mm CATCH BASINS (705.010), INCLUDING FRAME AND GRATES 1 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 111 backfill and compact the material in accordance with OPSS 402. 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 1 basins to existing sewers as determined at the time of construction. All surfaces on the frame and grates shall be painted in the shop with one coat of asphalt or tar base paint having a minimum softening point of 71 °C. All joints shall be thoroughly coated. 1 Parging The precast adjustment units will be grouted into place by means of an approved mortar mix and 111 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 1 pre - construction meeting. Payment for the structure shall be 80% of the unit price for the installation and 100% of unit 1 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 1 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. 1 1 SP -20 1 ITEM NO. 29 SUPPLY, EXCAVATE FOR, PLACE AND BACKFILL 1500 mm PRECAST 1 MAINTENANCE HOLE -TWIN INLET CATCH BASINS, OPSD 701.011, 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 q �' � PP Y az'Y � g 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. All surfaces on the frames and grates shall be painted in the shop with one coat of asphalt or tar base paint having a minimum softening point of 71 °C. All joints shall be thoroughly coated. Also, when required, included in the unit price bid, the Contractor shall include the benching of 1 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. ' 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. 1 Parlg ' 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 20% of unit price upon completion of parging, removal of debris from the bottom of the structure and benching when applicable. 1 1 SP -21 1 ITEM NO. 30 SUPPLY AND PLACE 150 mm FILTER WRAPPED PERFORATED SUBDRAIN INCLUDING EXCAVATION 1 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 1 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. 1 (a) Corrugated steel pipe minimum 1.3 mm thickness (b) Polyethylene Big "0" Boss 2000 or equivalent. , The filter wrap geotextile shall be in accordance with OPSS 1860. The maximum stone size for the gr anular backfill shall be 50 mm dia. ITEM NOS. 31- 34 WATERMAIN INSTALLATION Work Plan Prior to site activities, the Contractor shall submit a Work Plan for review by the Contract , Administrator. The Work Plan shall provide the following construction details: • connection point(s) between existing and new watermains 1 • source water connection(s) • cross- connection prevention procedures and equipment • temporary watermains, if any • swabbing details • hydrostatic pressure test details • disinfection details • dechlorination details • flushing water disposal details • details of fmal connection to existing watermain • details of fmal connection to existing services • Emergency /unplanned repairs • Tracer Wire conductivity testing procedures 111 1 1 SP -22 I The Contractor shall allow two weeks for the review and approval of the Work Plan. No site work shall proceed until the Work Plan has been approved by the Contract Administrator. 1 The Work Plan shall be submitted no later than at the pre - construction meeting. Watermain Construction and Materials I The Contractor shall obtain the approval of the Operating Authority of the proposed disruption of service to make all connections to the existing distribution system. I The watermain construction shall be staged so as to minimize water service disruption to residences. Property owners shall be informed by the Contractor a minimum of 24 hours in 1 advance, as to when these disruptions will occur. All costs associated with providing notice to the property owners shall be borne by the Contractor. 1 Only authorized Operating Authority personnel shall operate valves on existing watermains for the purpose of controlling water. No person other than the authorized Operating Authority personnel shall shut down or charge any section of existing watermain or operate any valve for 1 the purpose of controlling water from existing watermains. I The Contractor shall provide the Operating Authority at least 48 hours advance notice when a change in control of the water is required. All necessary water supply interruptions shall be scheduled in co- operation with the local operating authority. 1 The Contractor shall comply with the Safe Drinking Water Act (SDWA) and all applicable regulations made in accordance with that act, including but not limited to the Drinking Water Works Permit (DWWP), the Municipal Drinking Water License (MDWL) and the most current _ version of ANSVAWWA C651. Both the DWWP and the MDWL can be made available to the Contractor by the Contract Administrator upon request. For the purpose of the DWWP Condition I 2.3, the most recent version of the Ministry of Environment and Climate Change "Watermain Disinfection Procedure ", replaces ANSI/AWWA C651- Standard for disinfecting watermains with respect to cleaning, tapping, maintenance and repairs of watermains, appurtenances and 1 fittings. The Contractor shall operate only those valves, hydrants and curb stops installed in their contract I during the construction period and only prior to the date of acceptance of the Contractor's work. After the works are accepted, only the local operating authority may operate the system. 1 Basis of Payment The unit price bid for each item shall include all costs incurred in excavating for, placing, I restraining, connecting, testing, flushing and disinfecting all watermain and fittings, as outlined in OPSS 441 and restoration outside general grading operations. I The unit price bid per lineal metre shall include the cost of all granular bedding and backfill up to subgrade and/or original ground. All costs of compaction and water shall be borne by the Contractor. SP -23 1 Watermain Materials -- Kincardine Materials 1 All materials for watermains, valves, valve boxes, etc., shall be supplied by the Contractor. All materials supplied under this contract shall comply with the latest edition of the applicable AWWA standard. Oils and lubricants used in assembly shall be `Food Grade' and shall comply with the latest edition of NSF /ANSI Standard 61. No substitutes without Operating Authority approval or the approval of the Operating Authority. 1 Watermain Watermain material shall be Cross - linked polyethylene (PEX) — AWWA C904. Services - Min. 19 mm, Max. 50 mm ' • Corporation stops — Mueller, C.C. thread inlet/ compression joint outlet. • Curb Stop — Mueller, compression joint inlet/ compression joint outlet or approved equivalent. • Pipe - to be Cross - linked polyethylene (PEX) conforming to AWWA C904 or Type `K' copper. The unit price shall include the cost of supply and installation of tracer wire on non- metallic piping. • Service tubing shall be installed to a minimum depth of 2.0 m cover. • Service Boxes — Model No. D -1 by Concord -Clow or Mueller equivalent. Service box and stem (1.5 m to 2.0 m) with 25 mm dia. steel upper section. Box lids shall be regular ribbed with brass pentagon plug c/w standard stationary rod. • Service tees — manufactured compression joint inlet/compression joint outlet. Underground service line valves and fittings shall be in accordance with AWWA C800. Model numbers shall be stamped on all valves and materials. , Design It is the responsibility of the Contractor to ensure the performance of the pipe and the ' restraining systems. Design of the pipe joint restraining systems shall consider the pressures that the system will be subjected to as well as any expansion and contraction due to temperature changes during and following construction of the works. 1 Cathodic Protection a) Polyvinyl Chloride (PVC) or Polyethylene (PE) Mainline Piping as per OPSD 1109.011. Appurtenance Method of Protection 1 Piping Not required SP -24 ' Services • Each copper service One anode per each service 1 • Each non - metallic service One anode per each main stop and curb stop Valves Sacrificial zinc nuts ' Fittings One anode per each and sacrificial zinc nuts ' Mechanical Restraints Sacrificial zinc nuts ' • Anode sizes shall be 5.5 kg for watermain appurtenances up to and including 300 mm diameter and 11.0 kg for watermain appurtenances greater than 300 mm. • Sacrificial zinc nuts shall be of the Protecto -Cap type and installed on each bolt. Excavation All excavated material not required for backfill shall be disposed of as outlined under the General SP — Management of Excess Materials. The cost of this work shall be included in the bid per metre of watermain. Removal of Existing Mains, Services and Fittings � s g ' For the unit prices bid for watermain construction, the Contractor shall include the removal of existing mains and services when required, and/or as determined by the Contract Administrator at the time of construction. These mains shall become the property of the Contractor and shall be removed from the site of ' the work. Any fittings deemed salvageable shall be delivered to the Operating Authority's Workshop. ' Bedding, Embedment and Baclfdl ' Bedding shall be Class B as per OPSD 802.030, 802.031, 802.032, 802.033 or 802.034 for rigid pipe and whichever soil type is applicable. Bedding and embedment shall be as per OPSD 802.010, 802.013, or 802.014 for flexible pipe for 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 i SP -25 1 compacted to a minimum dry density of 100 %. Backfill shall be placed in uniform layers not 1 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 All excavated material not required for backfill shall be disposed as outlined under the General SP — Management of Excess Materials. The cost of this work shall be included in the unit price 1 bid. Should the Contractor decide to use stone bedding to assist with trench stabilization it shall be at 1 the Contractor's expense. It is also to be noted that the use of stone may result in settlement of the installed piping; as such, the Contractor shall assume all risk in its use. Tracer Wire All PE watermain and all non - metallic services shall have a Type TWU, No. 12/7 stranded 1 copper conductor with thermoplastic insulation, in accordance with CSA C22.2 No. 75, colour shall be blue, rated for underground use, installed as a tracer wire with the pipe, each main line valve box or chamber. The tracer wire shall be laid along the top of the pipe, strapped every 5.0 metres. The tracer wire shall be looped at every valve, hydrant, and fitting. The tracer wire shall be secured within the valve boxes and chambers to 300 mm of fmal grade with a minimum 600 mm of loose wire. 1 All spliced or repaired wire connections, in the tracer wire system, shall be made with manufactured, approved waterproof connectors specifically designed for underground tracer wire use. 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. Installation of Services For the unit price bid per each, the Contractor shall include the cost of tapping the main, 1 installing saddles where applicable, corporation stops and curb stops c/w service box, including all connections to new and existing mains and services. 1 For the unit price bid per lineal metre, the Contractor shall include the cost of installing water service tubing by means of trenching and/or boring. All services shall be installed to a depth as noted on the Watermain Materials Specification. For connections to existing service tubing, the excavation for the curb stop shall not be backfilled until the new service has been connected to the existing. The Contract Administrator may r 1 SP -26 1 request the Contractor backfill certain services before the connection is made. Payment for re- excavating the service for the connection will be in accordance with the unit price bid for 1 Provisional Work. All servicing tubing shall be disinfected in the presence of the Contract Administrator before 1 installation. The Contractor shall provide 48 hours' notice before making these connections. At each service location, the Contractor shall provide service tubing extensions extending above 1 the ground surface to accommodate flushing of the services following the disinfection operations. 1 At vacant lot locations, these extensions shall be cut off and crimped below ground as directed. The cost of providing for such extensions is to be included in the unit price bid for testing, flushing, swabbing and disinfection of watermains. I At vacant lots, the ends of all services shall be marked by a 38 mm x 89 mm wood post Y P ' extending from the service to 300 mm above the surface of the ground and top section painted fluorescent blue. The post shall be supplied and placed by the Contractor. I The unit price bid shall include all restoration beyond the general grading limits. Restoration shall be as outlined under the General SP - Restoration. 1 Conductivity Test Before the fmal connection to the existing main, the Contractor shall demonstrate the integrity of I the new underground tracer wire by applying a conductivity signal and confirming the signal correlation on all watermains and services. The Contract Administrator must witness the conductivity test(s). 1 Connection to Existing Main I For the unit price bid, the Contractor shall supply all labour, equipment and materials to reconnect the existing main to the new main with the proper fittings to make the connection. The length of the reconnection shall not exceed one standard pipe length (i.e. 6 metres). I After the pressure, leakage, chlorine residual and bacteriological tests have passed, the Contractor shall obtain written approval from the Contract Administrator to make the fmal 1 watermain connection to the existing water distribution system. The Operating Authority shall be contacted 48 hours prior to the fmal connection to determine if I any special measures must be taken and/or an appropriately licensed operating authority employee is required to oversee the works. The Contractor will be liable for all costs for callouts of Operating Authority staff if the Contractor fails to notify the Operating Authority that the 1 connection will not take place. The Contractor shall co- ordinate the fmal connection of the new watermain to the existing water 1 distribution system to enable the Contract Administrator to witness the entire process. 1 SP -27 1 Watermains shall be cut back to remove all temporary taps. The Contractor shall disinfect the connection watermain as outlined below and shall, using all means possible, dewater the watermains and trench in a controlled manner to not allow backflow into any existing watermains. The Contract Administrator at their discretion may require the Contractor to flush water through 1 a nearby fire hydrant to remove water with elevated chlorine residual. If trench water, dirt or debris has entered the watermain during the fmal connection, the ' watermain shall be aggressively flushed and additional bacteriological samples shall be taken as determined by the Contract Administrator or the Operating Authority. The Contract Administrator reserves the right to request the above steps be taken regardless. , The new piping, fittings and valves required for the connection shall be spray - disinfected and swabbed with a minimum 1% and maximum 5% solution of chlorine just prior to being installed. • During the fmal connection, the Contractor shall connect new tracer wire to the existing tracer wire or CADWELD to existing main to provide conductivity. , Anode Installation For all mechanical joint fittings and couplings used with either ductile iron or PVC pipe, a sacrificial zinc nut shall be installed on each bolt. For buried anodes, connect anode copper lead wire to pipe, valve, fitting, hydrant, etc., with "double nut" type connection. Connect to main stops or curb stops with the electrical ground connections supplied. Place anode in trench a minimum of 500 mm from pipe, valve, fitting, etc. 1 Complete installation shall conform to anode manufacturer's recommendations. Emergency/Unplanned Repairs , Should there be the need for an emergency or unplanned repair, the Contractor shall immediately contact the Operating Authority and the Operator -In- Charge shall conduct a visual inspection to determine the nature of the break. The Operator -In- Charge will assess the evidence of Contamination or potential Contamination of the watermain before and during the repair procedure, and shall classify the break as a Category 1 break or a Category 2 break. 1 TEMPORARY POTABLE WATER DISTRIBUTION If the Contractor proposes to supply, install, maintain and remove a temporary water distribution , system, or if a temporary system has been identified in the Schedule of Items and Prices, the Contractor shall follow the requirements of OPSS 493 - CONSTRUCTION SPECIFICATION 1 FOR TEMPORARY POTABLE WATER SUPPLY and the following: Submission Requirements , Prior to installing the temporary water distribution system, a detailed plan of the system shall be provided by the Contractor and approved by the Contract Administrator. The plan shall detail ' the following: 1 SP -28 1 a) Temporary potable water supply services plans including installation, operation, testing 1 procedures, and a list of material and equipment to be used b) Temporary hydrant details c) connection points ' d) materials e) mainline and service sizes f) sampling points g) emergency procedures h) and other related information about the temporary water system The Contractor shall demonstrate that the level of service to the water users will not be impacted and that the temporary system will supply water demands at pressures normal to the existing system. The Contractor shall identify large or exceptional water users and incorporate their needs into the temporary water distribution system. MATERIALS 493.05.01 General All materials for watermains, and appurtenances shall be supplied by the Contractor. All materials shall comply with the latest edition of the applicable AWWA standard. Oils and lubricants used in assembly shall be `Food Grade' and shall comply with the latest edition of ' NSF /ANSI Standard 61. No substitutions without the Contract Administrator's approval or the approval of the Operating Authority. • Watermain material shall comply with AWWA C900 for PVC pressure pipe sizes between 100 mm dia. and 300 mm dia. or AWWA C901 for PE pressure pipe sizes ' between 50 mm and 76 mm. • The minimum pipe size shall be 50 mm for mainlines and 19 mm for individual service connections. • The maximum pipe size shall be that of the watermain being placed. 493.05.04 ' Temporary hydrants are not a requirement of this contract. CONSTRUCTION ' 493.07.01 General ' Connection to the private plumbing system of a residential unit shall be via a wye at an outside tap. Should an outside tap not be available, the Contractor shall contact the resident to arrange a suitable alternative connection point. ' Connection to commercial, industrial or other buildings shall be determined on -site. 1 1 SP -29 1 An adequate water supply shall be available at all times. If the temporary potable water supply 1 fails, it shall be restored within 24 hours. A supply of potable water shall be made available by the Contractor to the customer in the interim. 493.07.03 Service Connections The service connection piping shall be installed at the same time as the main line in order that 111 disinfection is accomplished on the service piping. Connection shall not be made to the water user until the chlorine residual and bacteriological testing requirements have been satisfied. 1 A check valve shall be installed on the service connection between the mainline and the connection to the water user. 1 Prior to connection to water users, individual service lines shall be thoroughly flushed. A typical service connection to a private building shall be at an outside hose bib. An individual wye type connector shall be installed. A vacuum breaker shall be installed on the side opposite the service connection. In the event that this scenario is not possible, it is the responsibility of 1 the Contractor to determine how to provide temporary water service to the satisfaction of the Contract Administrator and property owner. Any excavation on private property or internal plumbing modifications must only be done after written approval is obtained from the property owner and applicable plumbing permits obtained. A copy of any written approvals must be provided to the Contract Administrator. The property owner is under no obligation to allow the temporary water system to be connected g P �'Y Y to their internal system at any location other than on the public side of the curb stop. In the event that a property owner will not permit an above ground connection as a typical, it shall be the Contractor's responsibility to make alternate arrangements to service the property. In lieu of making above - ground temporary servicing, the Contractor has the option to connect the 1 temporary distribution system to the public side of the existing curb stop. Location 1 The temporary distribution piping shall be installed behind the sidewalk or at the property line and service piping shall be installed along the edge of existing driveways to avoid grass- cutting 1 conflicts. All above ground piping shall be installed with appropriate ramping or burial such that the piping 1 will: • not to be endangered by equipment or vehicular traffic 1 • not pose a hazard for pedestrians (tripping, etc.) • provide a barrier -free access • be constructed to safeguard against vandalism and tampering. 1 1 1 1 SP -30 1 Isolation Valves ' Isolation valves are required at the source water connection, branches (2 on 3 way, 3 on 4 way) and at every service. 1 493.07.02 Temporary Watermains In addition to the requirements of 493.07.02, the connection of the temporary water system to the ' existing distribution system must be done in a secure location and be vandal and tamper resistant. A cross- connection control device is required to separate the two systems as long as the temporary system is in service. The cross- connection control device shall be a double check or a ' reduced pressure type assembly and shall be installed, maintained, and field - tested in accordance with the latest edition of CAN /CSA -B64 Series Manual and disinfected prior to installation. ' Source water connections to fire hydrants are discouraged unless the Contractor can demonstrate that the hydrant has been disinfected and thoroughly flushed. The Owner assumes no responsibility for the quality of water obtained from a hydrant. After disinfection, the hydrant must be pressurized at all times that it serves as a source of potable water. 493.07.04 Temporary Hydrants ' If Temporary Hydrants are specified under 493.05.04, then the Contractor shall include a maintenance program in with the Temporary Watermain Submission Plan. 1 493.07.07 Pressure Testing and Leakage All above ground piping must be regularly inspected to ensure leak tight connections at the beginning and during the period that the temporary water distribution is in use. ' At the discretion of the Contract Administrator, buried temporary water distribution piping must satisfy hydrostatic pressure testing. 1 Operation The temporary water distribution system must be continually pressurized after the bacteriological ' testing is completed and be capable of supplying normal water demands throughout its installation. ' All service connections shall be disinfected in the presence of the Contract Administrator before connecting. ' 493.07.08 Chlorine Residual and Bacteriological Testing After the temporary water system is installed (mainlines and services) in its fmal location but before service piping is connected to the water users, the temporary water distribution system ' must be disinfected to satisfy the chlorine residual and bacteriological testing standards specified under the Swabbing, Hydrostatic Pressure Testing, Disinfection and Flushing of Watermains Special Provision. Samples must be collected at the end of each branch (individual services under 50 mm are exempt unless determined otherwise by the Contract Administrator) and at maximum 350 m intervals. 1 SP -31 1 1 If a water sample is shown adverse in accordance with O.Reg. 170 /03 after the temporary water distribution system is in service, the Contract Administrator will notify the Contractor as soon as possible. The severity of the problem will be addressed and corrective action determined by the Contract Administrator. If the temporary water system must be disconnected, the Contractor must supply bottled water or an alternate water supply to the interrupted water users. Before the temporary water system can be placed back into operation, it must satisfy the chlorine residual and bacteriological testing standards and protocols used to initially commission the temporary system. 1 Analytical fees and cost of gathering samples for the temporary system will be the Contractor's responsibility. 1 Off - Hours Corrective Action In the event that corrective action is needed to the temporary water distribution system outside of normal working hours, the Contract Administrator and/or the Owner will attempt to contact the Contractor to take corrective actions. If, in the sole opinion of the Owner, the Contractor is 1 unable to make the corrections in a timely manner, the Owner may direct their own forces to take corrective steps. The Contractor will be liable for any costs incurred by the Owner. Relocation of Temporary System The relocation of the temporary water system either in whole or parts by any means without 1 conducting and passing the chlorine residual and bacteriological requirements shall not be permitted. Relocation here is defined as depressurizing and moving the pipework in order to service other water users. Basis of Payment for Temporary Watermain If a separate item is provided for in the Tender Form, payment shall p p , p ym be as follows: (a) 60% for initial installation, flushing, disinfecting, testing and connections 1 (b) 30% for maintenance to be paid in proportion to the permanent work completed (c) 10% for removal ITEM NO. 35 SWABBING, HYDROSTATIC PRESSURE TESTING, DISINFECTION AND FLUSHING OF WATERMAINS For the lump sum bid, the Contractor shall supply all labour, equipment and materials for the 1 temporary connection, testing, flushing, swabbing and disinfection of watermains, services and appurtenances in accordance with the following specifications, OPSS 441 for pressure testing, AWWA C651 for disinfection and connection to waterworks system with the exception of the cleaning, tapping, maintenance and repair of watermains, appurtenances and fittings as these procedures shall follow the most recent version of the Ministry of the Environment and Climate Change document "Watermain Disinfection Procedure ". 1 SP -32 1 General The new watermain shall be isolated from the existing waterworks system using a physical separation until satisfactory bacteriological testing has been completed and accepted by the Contract Administrator and the Operating Authority. Water required to fill the new main for ' hydrostatic pressure testing, disinfection, and flushing shall be supplied through a temporary connection between the existing water system and the new main. The temporary connection shall include an appropriate cross- connection control device consistent with the degree of hazard (a double check valve assembly, used above or below ground level) or a reduced pressure principle backflow preventer (used above ground level ONLY). The cross - connection control device operation shall be in accordance with CAN /Canadian Standards Association -B64 Series 1 Manual and disinfected prior to installation. The backflow preventer shall be disconnected (physically separated) from the new main during the hydrostatic pressure test. It will be necessary to re- establish the temporary connection after completion of the hydrostatic pressure test to swab, chlorinate and flush out the disinfectant water prior to fmal connection of the new main to the waterworks system. (Refer to both AWWA C651 and the most recent version of the ' MOECC document " Watermain Disinfection Procedure"). At each service location, the Contractor shall provide service tubing extensions to above the ground surface to accommodate flushing of the services following the disinfection operations. At vacant lot locations, these extensions shall be cut off and crimped below ground as directed. The cost of providing for such extensions is to be included in the unit price bid. Materials ' All chemicals and materials used in the disinfecting and testing of the drinking water system shall conform to the following standards: ' • • AWWA B300 for Hypochlorites AWWA B301 for Liquid Chlorine • NSF /ANSI 60, Drinking Water Treatment Chemicals — Health Effects ' • NSF /ANSI 61, Drinking Water System Components — Health Effects Construction ' The sequence of events for this item shall be 1) Swabbing, 2) Hydrostatic Pressure Testing, 3) Disinfection, 4) Flushing and Dechlorination 5) Bacteriological Testing 1. Swabbing Swabbing will be required prior to pressure testing, disinfection and commissioning of the main. A minimum of two (2) new swabs shall be passed through each section of main line pipe, hydrant lead and all services larger than 75 mm, to ensure that there is no blockage, debris, etc. The Contractor shall note that auxiliary equipment may be required for the swabbing operation. Swabs shall be polyurethane with a density of 24.7 kg/m and shall have a minimum diameter 50 mm larger than the diameter of the watermain and have a minimum length of one and one half times its diameter. SP -33 1 t Swabs shall be propelled through the watermain at a speed of 0.5 to 1.0 m/s using potable water. The Contractor shall discharge water to an approved outlet ensuring all required erosion and sediment control and dechlorination measures are followed. The swabbing shall be repeated until the discharge water runs clear within ten seconds of the last swab exiting the discharge point or until the Operating Authority is satisfied with the clarity of the water. The Contractor shall mark, number and demonstrate to the Contract Administrator that all swabs, or parts thereof, have been retrieved. The Contractor shall be liable for costs associated with damage caused by and retrieving swabs that, for whatever reasons, escape into the existing water ' distribution system. All swab launch or swab retrieval locations shall extend above the finished grade elevation and ' be capped when not in use to prevent debris and contaminants from entering the system. 2. Hydrostatic Pressure Testing 1 The pressure testing shall be in accordance with OPSS 441.07.24 Hydrostatic Testing and under the supervision of the Contract Administrator. 1 I All hydrant leads, services, stubs, blow -offs etc. shall be subject to the hydrostatic pressure testing. Hydrant valves shall be in the open position to subject the hydrant to the test as well. 1 3. Disinfection Service i es of 50 mm diameter and greater shall be considered p p gr de ed as watermains for the purposes of this procedure. For service pipes of diameters less than 50 mm, the Contractor shall maintain sanitary conditions during installation and/or repairs, and shall clean and flush prior to placing in service. The Contractor shall provide the Operating Authority 48 hours' notice before making the service connections. The method of disinfecting the main shall be identified on the Testing Submission plan submitted to the Contract Administrator. Where the Contractor is chlorinating using the tablet or continuous feed chlorination method for disinfecting newly constructed watermains as per the procedures in ANSUAWWA Standard C651, the minimum contact times, initial chlorine concentrations, and maximum allowable decreases in chlorine concentration shall be as listed in Table 1 below taken from the most recent version of the MOECC "Watermain Disinfection Procedure ". SP -34 Table 1: Chlorine Concentrations and Contact Times for New Watermains * Disinfection Method Minimum Contact Initial Chlorine Maximum ' Time Concentration Allowable Decrease in Chlorine Concentration Tablet or Continuous 24 hours >_ 25mg/L 40% of the Initial Feed Chlorine Concentration to a Maximum of 50 mg/L * At levels over 10 milligrams per litre, a measurement of total chlorine shall be deemed to be equivalent to a measurement of free chlorine Where copper pipe is used for smaller diameter watermains, Table 1 does not apply. Copper watermains shall be disinfected using the Continuous Feed method, with an Initial Chlorine ' Concentration of > 50mg/L. Due to the chlorine demand exerted by the copper, no minimum chlorine concentration is required following the 24 hour contact time, and the effectiveness of the disinfection process shall be demonstrated by the Microbiological sampling referred to in Construction Sequence 5 below. 4. Flushing and Dechlorination Following disinfection of the watermains and watermain branches, the heavily chlorinated water shall be expelled and managed as per the MOECC document " Watermain Testing Procedure" ' to prevent damage to the pipe lining or to prevent corrosion damage to the pipe itself and disposed of in accordance with OPSS 441.07.25. Flushing shall continue until the disinfectant concentration at the point of flushing reaches at least 0.2mg/L free chlorine in a chlorinated system or 1.0mg/L combined chlorine in a chloraminated system. If these disinfectant concentrations cannot be achieved, flushing shall continue until the disinfectant concentration at the point of flushing is representative of the system residual in the break/connection area, determined by sampling upstream of the break/connection area and downstream at the flushing location, or by using documented benchmarks for the area, as long as free chlorine concentrations are at least 0.05 mg/L in a chlorinated system and combined chlorine concentrations are at least 0.25 mg/L in a chloraminated system. ' Dechlorination of discharged water is required for any water that is discharged into surface water or if the discharge into the natural environment causes or is likely to cause an adverse effect, as ' per Condition 10 of Schedule B of the Municipal Drinking Water Licence. The discharged water is deemed to be a Class H spill for the purposes of O. Reg. 675/98 (Classification and Exemption of Spills and Reporting of Discharges) made under the Environmental Protection Act. Discharges of flushed water are also regulated under Condition 4.5 of newer Municipal Drinking Water Licences. In all cases, the wasted water must be neutralized to provide a total chlorine residual of less than 2 pg/L (0.002 ppm) (0.Reg. 170/03 - Procedure for Disinfection of Drinking Water in Ontario - II SP-35 1 AWWA C651) at the outfall where detrimental effects may be suffered by plants and/or animals in the natural environment. The Contract Administrator will monitor the discharge of wastewater. Should tests show a residual greater than 2 pg/L, the discharge shall be ceased , immediately and the procedure modified to meet the less than 2 pg/L objective. Sites within 100 m of natural drainage, or with direct discharge to a water body, should be , considered high risk. In such instances, the Owner may request an enhanced dechlorination plan along with contingency and mitigation plans in the event that the chlorine residuals exceed those specified. 1 The Contract Administrator will monitor the discharge of wastewater to ensure the chlorine residual and discharge limits are not exceeded. 1 5. Bacteriological Testing After disinfection in accordance with AWWA C651, two consecutive onsecutive sets of water samples, taken at least 24 hours apart, shall be collected from every 350 metres of watermain or part thereof, from the ends of the main line and from each branch line off the main line (50 mm dia. or greater). If requested by the Operating Authority, the Contractor shall assist with the sampling of the existing water system at a location(s) near the construction. For new watermains with limited sampling points available, an alternative method of collecting Microbiological samples is Staged Sampling. Staged Sampling shall be performed as follows: • A flow meter shall be installed to measure flow through the new watermain • A sampling point shall be installed at the end of the new watermain (additional sampling points may also be installed along the length of the watermain); and • Flow shall be established and samples shall be collected from the sampling point(s) at intervals that are calculated to represent the lengths of the watermain as required by ANSI/AWWA C651, based on the pipe size and measured flow rate. Certified municipal staff or trained designate only (OWRA Reg. 170/03) shall collect samples for bacteriological testing. All water samples are to be analyzed by a provincially accredited laboratory. One 200 mL bacteriological sample (bottles supplied by the Labs ONLY) must be obtained from each location. The sample form is to be filled out requesting E. coli, Total 1 Coliform and is to include the sampler's license number. Each sample collected must include a "Total and Free Chlorine residual" reading. The Owner will pay Laboratory expenses for microbiological testing of the initial first 2 sets of water samples required for commissioning the new mains. If the disinfection fails to produce satisfactory sample test results, disinfection, sampling and testing shall be repeated at the , Contractor's expense. The minimum requirements for acceptability of bacteriological tests are: 1 Escherichia coli Not detectable Total Coliform Not detectable 1 SP -36 1 Commissioning of New Main and Services Once a complete set of bacteriological samples produce satisfactory test results, the Contractor must request approval from the Operating Authority for the new watermain to be connected to the existing water system. The Operating Authority and/or the Contract Administrator must be present on site during the removal of the temporary connection and until the connection of the new main to the existing waterworks has been completed. Where existing watermains are to be tapped or cut for connection purposes, the pipe surface at the location of the connection shall be cleaned and disinfected using a minimum 1% sodium hypochlorite solution. Where applicable, the drill /cutting /tapping bits and all surfaces of ' mainstops, service saddles, tapping sleeves and valves which will come into contact with drinking water shall likewise be cleaned and disinfected using a minimum 1% sodium hypochlorite solution immediately prior to installation. If any of the disinfected surfaces come into contact with the soil and /or water in the excavation prior to use, the cleaning and disinfection procedure shall be repeated. ' Flushing of services shall continue until the disinfectant concentration at the point of flushing reaches at least 0.2mg /L free chlorine in a chlorinated system or 1.0mg/L combined chlorine in a chloraminated system. If these disinfectant concentrations cannot be achieved, flushing shall ' continue until the disinfectant concentration at the point of flushing is representative of the system residual in the break/connection area, determined by sampling upstream of the break/connection area and downstream at the flushing location, or by using documented benchmarks for the area, as long as free chlorine concentrations are at least 0.05 mg/L in a chlorinated system and combined chlorine concentrations are at least 0.25 mg/L in a chloraminated system. 1 ITEM NOS. 36 -54 1 ELECTRICAL see Electrical Special Provisions following ITEM NO. 55 1 TRAFFIC CONTROL AND PEDESTRIAN SAFETY 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 and in accordance with the Ministry of Labour, through the Occupational Health and Safety Act (OSHA) and Regulations for Construction Projects, ' R.S.O. 1990 and B.R.O 213/91 as amended by 631/94 and 145/00 and as amended from time to time thereafter. 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 S ' reference the Book 7 Typical Layout used as a basis for the submission. ' The Contractor shall note the parking lot is an active parking lot that services the retail establishment in downtown Kincardine as well as second floor residential units. The Contractor must maintain pedestrian access at all times and shall maintain a minimum of 1/3 of the area as parking during weekdays and a minimum of 1 /2 the area of lot as parking during weekends. SP -37 1 Each progress payment certificate will include a percentage of the tender price for this item in proportion to the percentage of the permanent works completed. 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 Temporary Conditions (latest revision), the following conditions will apply: • At all times of construction, a minimum of one lane for traffic shall be open and maintained 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. • Pedestrian safety considerations as per 2.6.2 of OTM Book 7. 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: • 4:00 p.m. Friday to 7:00 a.m. Monday, for normal weekends • All Canadian statutory holidays. Basis of Payment for Traffic Control If a separate item is provided for in the Tender Form, payment shall be as follows: 1 (a) 50% for the submission of a Traffic Control Plan and initial installation (b) 40% for maintenance to be paid in proportion to the permanent work completed (c) 10% for removal ITEM NO. 56 1 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. 57 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 1 i SP -38 1 ITEM NO. 58 LUMP SUM FOR OTHER REQUIREMENTS 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. This item shall also include attendance by a representative of the Contractor at a 2 hour public information evening meeting (Monday to Thursday) that will be held in Kincardine at the municipal office prior to commencing with any construction activities. Each progress payment certificate will include a percentage of the tender price for this item in proportion to the percentage of the permanent works completed. The submission by a tenderer of an unbalanced price for this item renders the tender liable to disqualification. ITEM NO. 59 PRECONSTRUCTION SURVEY (a) General ' The work to be done under this item includes furnishing all labour, equipment, materials and services to perform a pre - construction survey of adjacent structures. The Contractor's designee for work shall be an independent third party company with a minimum of five years experience in pre- condition surveys and loss control for heavy construction in urban areas. The designee shall provide proof of Professional Errors and Omissions insurance with a minimum of two million dollar limit from a recognized insurer and submit sufficient data to satisfy the Contract Administrator of their competence in this field and /or be prequalified with the Contract Administrator in the tendering stage, hereinafter referred to as the Loss Control Consultant 1 (LCC). (b) Description 1 The work includes preparation and retention of pre - construction surveys depicting existing interior and exterior conditions of buildings, utilities and underground structures and the like, ' within the area of influence of the worksite, as indicated. Existing buildings, utilities, and other related structural improvements and properties located in the area of influence of the worksite are subject to possible damage as a result of heavy construction activities, including but not limited to dewatering, excavating and compaction. To protect the Contractor, Municipality and the Contract Administrator from unwarranted claims by property owners for alleged construction damages when the condition predates the 1 SP -39 1 construction, and also to protect the Property Owner from the cost of repairs resulting from construction damage, the LCC shall survey and identify conditions existing in and around the properties anticipated to be potentially affected by construction operations. 1 Photographic equipment and materials shall be acceptable to the Contract Administrator and shall be capable of yielding high - quality, date stamped, sequential photographs from which 1 detailed enlargements may be made; video equipment will be permitted only as an accessory to still photographs. Information in written format shall be recorded so as to be easily interpreted, containing pertinent information, and shall contain specific references as to exact building areas and locations including as a minimum: 1 • Type of construction and date when built. • Differential settlements; visible cracks in walls, floors and ceilings shall be identified and 1 described. • Any other apparent structural or cosmetic damage or defect. The LCC shall use positive dimensions whenever practical to do so, instead of g eneral terms (that is, "Sagging 1 to 2 centimetres" instead of "Sagging badly "). (c) Procedure Work shall begin immediately upon execution of the Contract and pre - construction surveys of 1 those applicable portions of this work shall be completed prior to the start of construction activities. The LCC shall evaluate the Contract Administrator's recommendations of areas to be surveyed and submit to the Contract Administrator recommended deviations from those areas indicated, if any. The LCC shall be responsible to obtain data as follows: • Available data from design consultants including but not limited to soils data, field surveys, Y, photogrammetric mapping, and pertinent project photographs. • Plans for buildings to be surveyed and "as- built" drawings if available. • List of owners, tenants and lessees to be surveyed within buildings. Upon approval of the submittal, the LCC shall conduct surveys which shall adequately illustrate structural and cosmetic defects of the indicated areas. After the LCC has contacted the owner of the buildings, it will be the responsibility of the LCC to gain entry to the buildings during the performance of his/her work. If an owner will not permit access to his property, the LCC shall indicate in the summary sheet what efforts were made to gain entry; what their apparent authority was (i.e. owner, manager, lessor); what reasons were given for not providing entry, time and date of contact; means of contact (in person or by phone); who made the contact and other relevant information. 1 1 SP -40 1 Survey data shall be recorded and kept on file by the LCC in a secure manner, in compliance with Freedom of Information requirements. The documentation will only be made available to I the Contractor, Owner and Contract Administrator in cases where a claimant has submitted a claim of loss in writing and will form part of a "Post Construction Report". If the report substantiates damage resulting from the Contractor's activities, the cost of the Post Construction Il Report shall be paid by the Contractor. If the report indicates that there was no construction related damage then the Municipality will pay the cost of the Post Construction Report. I A preconstruction survey report including the following information shall be submitted to the Contract Administrator; Dates of activities, properties inspected, properties where access was refused, sample letters of — request to inspect/reminder notice, condition survey technical 1 procedures, how sensitive information will be stored /released, and any special notes of awareness to the Contractor, Contract Administrator & Municipality. 1 ITEM NO. 60 INSTALL EATON CAR CHARGER I For the unit price bid the Contractor shall supply all labour, equipment and materials to install the unistrut mounting and the Eaton Car Charger. The EVSE shall be mounted on a 100 x 100 x 6 mm HSS support post supplied by the Contractor to satisfy the mounting detail provided in I Appendix A. The post shall be anchored 250 mm into a thicker section of concrete sidewalk. A conduit, to accommodate the electrical wiring, shall be installed inside the HSS to the mounting height of the unit. The HSS shall be fabricated with a 6 mm thick cap welded to the top and 19 I mm shear studs or equivalent, welded to each side, 100 mm up from the bottom to provide anchorage into the concrete. After fabricating all, rough edges shall be ground off and the posts shall be cleaned, primed and painted with an organic zinc primer and compatible paint as per the I paint supplier's specifications. The Owner will supply the EATON Car Charger (EVSE) unit. Included in the unit price bid for this item the Contractor shall confirm the SIM number on the units' SIM card and provide the number to the Owner. I ITEM NO. 61 REMOVE BUILDING FOUNDATIONS (Provisional) I For the unit price bid the Contractor shall supply all labour, equipment and materials to remove buried foundations that may be encountered during the excavation, grading or installation of the I proposed works. Payment will be made per cubic metre of foundation material removed. Disposal of material shall be as outlined in the General — Management of Excess Materials section. The supply and backfilling of granular backfill shall be paid for with the granular item III for the parking lot roadbed. ITEM NO. 62 1 SUPPLY, EXCAVATE FOR, PLACE AND BACKFILL INLINE DRAIN CATCH BASINS (Provisional) 1 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 I the drawings. (Vertical piping only, connectors and grate, horizontal piping to be paid for under the storm sewer). 1 SP -41 1 The unit price bid shall include all costs 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. 1 ITEM NO. 63 REMOVE AND RELAY PRECAST CONCRETE UNIT PAVERS (Provisional) For the unit price bid, the Contractor shall supply all labour, equipment and material to remove, salvage and re -lay the existing concrete unit pavers as indicated on the contract drawings or to the limits established by the Contract Administrator at the time of construction. When relaying the unit pavers, the Contractor will match the pre - construction pattern. 1 Salvaged unit pavers are to be stored in a secure manner. Any additional pavers required shall be supplied by the Owner and any surplus pavers shall become the property of the Owner. 1 Construction • Setting bed for the pavers to be 25mm of limestone screening, • Joint filler to be clean, sharp natural, fine masonry sand. • Sealer to be applied as per manufacturer's specifications. 1 All materials required for setting bed, joint filler and sealer shall be included in the unit price bid for this item. All other work shall be in accordance with OPSS 355. ITEM NO. 64 RECONNECT EXISTING DRAINS AND SERVICES (up to 250 mm dia.) (Provisional) 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). 1 Payment under this item will only be paid when it is determined by the Contract Administrator that the work is required to: 1 • 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. The Contractor is responsible for replacing all other broken or damaged drains and services encountered in the excavation. 1 • 1 SP -42 111 Pipe Material Pipe material for repairs shall be Polyethylene Sewer Pipe (flexible) — CSA certified Sewer Class to B 182.6 or PVC SDR -28 for 100 mm —150 mm diameter and PVC SDR -35 for 200 mm — 250 mm diameter. ' 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. 1 Embedment material shall be Granular `A" to 300 mm (min) above the top of the pipe. 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 ELECTRICAL SPECIAL PROVISIONS 1 ITEM NOS. 56 -54 1 1 1 1 1 1 1 1 1 1 Division 16 Kincardine Municipal Parking Lot Table of Contents Project No. 15059W 1 SPECIFICATIONS Section No Description 1 16010 Electrical General Requirements 16105 Underground Duct Systems, Chambers and Handwells 16110 Raceway Systems 1 16120 Wire and Cables 16410 Power Pedestals 16450 Grounding LIST OF ELECTRICAL CONTRACT DRAWINGS 1 Drawing No. Description El Lighting Layout 1 E2 Pedestal, Conduit and Bollard Details E3 Ductbank, Load Center and Charging Details E4 Luminaire, Pole and Base Details 1 1 1 1 1 1 1 1 1 1 1 Kincardine Municipal Parking Lot Page 1 of 9 1 Electrical General Requirements Section No. 16010 1 PART 1 — GENERAL 1.1 Description 1 .1 This Section covers items common to Sections of Division 16 — Electrical Special Provisions. This section supplements the front end tender documents, I such as Information to Bidders, Tender, etc. .2 In case of a discrepancy between statement(s) or value(s) in this section or contract drawing(s), the higher statement or value takes precedence and shall govern. 1.2 Scope of Work .1 Provide all products and services mentioned or shown in the Contract 1 Documents with all incidentals necessary for complete installation of the Municipality of Kincardine, Municipal Parking Lot Project, and as noted in the scope of works specified herein. .2 Contractor is to provide all luminaires, arms and poles, including installation, wiring and conduit, plus coordinate delivery of equipment to site. .3 A power pedestal will be installed in the parking lot. The power pedestal work will include the following: .1 Provide new street light power pedestal from Pedestal Solutions Inc. (PSI). "SLM" series. .2 Provide new concrete base for power pedestal from Utilicon. Catalog number UP2022. .3 Provide new breakers in new pedestal panelboard for proposed vehicle charging station equipment and parking lot lights. .4 Underground power feed from existing Load Centre L1 to new pedestal including all excavation and trenching, conduit and cable. .5 Provide two new bollards, as indicated on drawings. .6 Include coordination with the local utility company to provide the required services and installations, as required. .4 A Vehicle Charging Station will be installed in the parking lot. The Vehicle Charging Station work to include the following: .1 Equipment has been pre - purchased and will be supplied by the Municipality. Contractor is to provide installation, wiring and conduit of equipment, plus coordinate delivery of equipment to site. .2 The Vehicle Charging Station is an Eaton Dual Wand Pedestal 30 Amp EVSE with GSM SKY Network Gateway. .3 The equipment will require two 40A/2P breaker feeds from the new power pedestal to the Vehicle Charging Station. Provide a NEMA 12, 4 -pole disconnect switch to isolate equipment. Location of disconnect switch to be inside new power pedestal. .5 Existing Load Centre scope of work to include as follows: .1 Service entrance rated pedestal (L1) is existing, located on a concrete slab with an above grade weatherproof enclosure and surrounded by four bollards. An existing Bell pedestal is located on the back side of the pedestal. 1 Runge & Associates Inc. 1 File No.: 15059W 1 1 II Kincardine Municipal Parking Lot Page 2 of 9 Electrical General Requirements Section No. 16010 1 .2 Connection to existing pedestal is to be made into the side wall of pedestal through existing concrete base as noted on drawings. Concrete base to be restored to original condition. I .3 Provide two new Large Rainproof Ventilator by Hammond Manufacturing, part no. SDV280. .4 Include coordination with the local utility company to provide the I I required services and installations, as required. 6 Parking Lot Light Poles scope of work to include the following: .1 Supply and installation of all light poles and concrete bases. I .2 Provide cast -in -place "Artform" raised concrete bases as indicated on drawings. .3 Underground ductbanks and cables to all lights on new poles. .4 On existing utility poles, re -use existing mounting arms. Provide new I lights and wiring on existing arms. Adjust height of arm to suit dimensions noted on drawings (review with Engineer prior to performing work). Include new weatherproof fuse holder (reference ESA Bulletin 75 -6 - *). 1 .7 Removals .1 Disconnect, Remove, Salvage or Dispose of all existing electrical equipment as follows: I .1 Verify with customer all equipment to be salvaged and all equipment to be disposed. Salvaged equipment to be delivered to the Municipalities yard or to a location as requested by the I customer. Dispose of un- wanted equipment. 2 Refer to civil drawings for existing light locations. 3 Existing roadway and light pole and associated power feed. .8 Miscellaneous Items I . 1 Coordination with ESA local inspection throughout project work and provide a certificate at end of project. .2 Coordination with engineers and town for shop drawings submissions. I .3 Provide as built mark up drawings at end of project to engineer. .4 Provide a complete grounding system, as per requirements of the Ontario Electrical Safety Code. .5 Cable testing and verification. I .6 Testing of all lighting control systems. 1.3 Definitions I . 1 The following are definitions of terms and expressions used in the documents: .1 "Inspection Department or Authority" mean agents of any authority having jurisdiction over construction and safety standards associated with any part of electrical work on site (ESA). I .2 "Power Supply Authority" means electrical local utility company responsible for delivery of electrical power to project site. .3 "Electrical Code" means Ontario Electrical Safety Code, latest edition. I .4 "Indicated" means as shown on contract drawings or noted in contract documents .5 "Provide" means fabricate, supply, install, test and commission the electrical system and /or equipment. I .6 "Remove" means to disconnect, remove and dispose of electrical equipment, material or device. .2 Refer to CSA C22.2 No.O for "Definitions and General Requirements." 1 Runge & Associates Inc. File No.: 15059W 1 1 Kincardine Municipal Parking Lot Page 3 of 9 Electrical General Requirements Section No. 16010 1.4 Codes and Standards 1 .1 Do complete installation in accordance with the latest editions of the Canadian Electrical Code — CSA C22.1, the Ontario Electrical Safety Code and any local codes and requirements which govern the installation. Where these regulations conflict, apply the most stringent condition. .2 Do overhead and underground systems in accordance with CSA C22.3 No.1- M87 and No.7 -M86 except where specified otherwise. .3 Electrical Abbreviations: to CSA Z85_1983. 1.5 Care, Operation and Start-up 1 .1 Instruct Engineer and operating personnel in the operation (testing), care and maintenance of equipment. .2 Arrange and pay for services of manufacturer's factory service engineer to supervise start-up of installation, check, adjust, balance and calibrate components. .3 Provide these services for such period, and for as many visits as necessary to put equipment in operation, and ensure that operating personnel are conversant with all aspects of its care and operation. 1.6 Voltage Ratings .1 Operating voltages: to CAN3_C235_83. .2 Motors, electric heating, control and distribution devices and equipment to 1 operate satisfactorily at 60 Hz within normal operating limits established by above standard. .3 Equipment to operate in extreme operating conditions established in above standard without damage to equipment. 1.7 Permits, Inspection and Fees .1 Submit drawings and specifications to Electrical Inspection Department and Supply Authority to obtain all required electrical permits. .2 Notify the Electrical Inspection Department in sufficient time for them to inspect work. Contractor is responsible to arrange multiple inspections (as required) to ensure the work has been properly inspected at completion of project. .3 Contractor to keep a separate "logbook" related to the Electrical Inspections. Contractor must record inspector's name, date and scope of inspections, recording all statements, decisions and permissions made during each inspection visit. Notify Engineer of any changes required by Electrical Inspection Department prior to making changes. Submit logbook to Engineer at completion of project. .4 Submit to Engineer "Certificate of Acceptance/ Approval" from Electrical Inspection Department at completion of project. Building Occupancy will not be granted unless electrical inspection certificate has been completed and submitted to engineer. .5 Division 16 Contractor to pay all associated fees for electrical permits, inspections and special product approvals. Runge & Associates Inc. 1 File No.: 15059W i 1 I Kincardine Municipal Parking Lot Page 4 of 9 Electrical General Requirements Section No. 16010 1 1.8 Coordination with "Power Supply Authority" .1 The Engineer has submitted selected contract drawings to the Power Supply I Authority prior to tendering. The contractor is responsible to coordinate and satisfy all requirements of the Power Supply Authority, to ensure availability of (permanent) power service is provided at completion of project. I .2 Power Supply Authority Contact: Brad Gilbert, Westerio Power Inc., Tel. 519- 507 -6666 EXT - 236, email: brad.gilbert@.westerio.com. .3 Division 16 Contractor to pay all associated connection fees or charges for I power supply authority services. 1.9 Coordination with Other Trades .1 Be responsible and co- ordinate other sub -trade work with electrical I requirements and ensure that there is no interference with or delay caused by such work to the electrical or other trades work. .2 Notify other sub - trades of all openings, inserts, anchors, sleeves, hangers, I foundations, etc., necessary for electrical work, and be responsible that these are provided and correctly installed at the proper time. .3 Fully co- operate with all trades in the provision and maintenance of electrical I power in all areas throughout the period of construction. 1.10 Construction /Shop Drawings I .1 Submit data (drawings) in accordance with Section 01340 "Shop Drawings, Product Data and Samples" for review prior to commencement of manufacturing or installing with the exception of conduit, standard conduit I fittings and low voltage wiring. .2 Show all details of construction, dimensions, capacities, weights, and electrical performance characteristics of equipment or material. I .3 Prepare composite construction drawings, fully dimensioned of cables, conduit, cable tray, bus duct, sleeves, clearances, pipes, ducts, etc., and equipment in mechanical and electrical equipment rooms, ceiling spaces and all other critical locations to avoid a conflict of trades. Base drawings on I manufacturer's shop drawings. Drawings should be developed from consultation with and agreement of all trades involved. .4 Prepare drawings of equipment bases, anchors, slabs, floors and roof curbs, if I needed, for the electrical work. 5 Include, but not necessarily limit to, the following: .1 Single line diagram. I .2 Elementary control diagrams all control circuits, etc. Include wire numbering system. .3 Manufacturer's data and specifications of major electrical equipment, such as pedestals, panelboard, breakers, splitters, disconnect I 4 switches, etc. Control panel layouts, and all auxiliary controls and indicating panels. .6 Indicate the number or letter used on the drawings /specifications as an I identification symbol on product data for panel boards, light fixtures, instruments and other equipment submitted. 1 Runge & Associates Inc. File No.: 15059W 1 Kincardine Municipal Parking Lot Page 5 of 9 Electrical General Requirements Section No. 16010 .7 Bind one complete set of construction /shop drawings showing "Record" 1 conditions in each operating and maintenance instruction manual. 1.11 Record Drawings 1 .1 Before commencing work obtain two sets of electrical drawings for showing "As Built" conditions. As job progresses, mark on field set of prints to indicate accurately all installed work. At completion of project, manually transfer all , information onto second set of drawings using red marker /pen, and indicate "Contractors Certified Approval of Accuracy" before submitting to Engineer for review and record use. .2 Indicate on record drawings "As Built" stamp. .3 Include with the record drawings, a list of all motors indicating motor or equipment number and name, name -plate voltage, horsepower and current, the size of overload and breaker or fuse protection provided for each motor. .4 Indicate on record drawings, location of all buried services. This information is to be certified correct by Engineer before backfilling commences. 1 1.12 Workmanship .1 Install all equipment, conduit and cables in a workmanlike manner to present a neat appearance and to function properly. .2 Install exposed systems and equipment neatly and grouped to present a neat appearance, without conflict to other services. .3 Install equipment and apparatus requiring maintenance, adjustment or eventual replacement with due allowance therefore, in terms of space and accessibility. .4 Include in the work all requirements of manufacturers shown on the shop drawings or manufacturers' installation instructions, and make provision for future plant and equipment as shown. .5 Replace without extra cost work unsatisfactory to the Engineer. 1 .6 Protect all equipment from damage during delivery to the site and during installation. Make good any damage or deterioration whatsoever and have it covered by replacement guarantee. 1.13 Materials and Equipment .1 Equipment and material must be CSA certified. Where there is no alternative 1 to supplying equipment which is not CSA certified, obtain special approval from Electrical Inspection Department. Pay all associated fees. .2 Factory - assemble control panels and component assemblies. 1 .3 Provide Canadian manufactured equipment and materials, except where specified otherwise or where Canadian made materials or equipment do not exist. 1 1.14 Finishes .1 Shop finish metal enclosure surfaces by application of rust resistant primer inside and outside, and at least two coats of finish enamel. Runge & Associates Inc. 1 File No.: 15059W 1 1 Kincardine Municipal Parking Lot Page 6 of 9 Electrical General Requirements Section No. 16010 .1 Paint outdoor electrical equipment "equipment green" finish to EEMAC Y1_1_1955. .2 Paint indoor switchgear and distribution enclosures Tight grey to EEMAC 2Y_1_1958 (ASA #61). .2 Clean and touch up surfaces of shop painted equipment scratched or marred during shipment or installation, to match original paint. .3 Clean and prime exposed non galvanized hangers, racks and fastenings o prevent rusting. I 1.15 Equipment Identification .1 Supply and install identification nameplates on all equipment such as pedestals, poles, safety switches, panelboards, control panels, etc., and any equipment not so supplied. Nameplates: Lamicoid 3 mm thick plastic engraving sheet, black face, white ore, attached with double sided tape. .2 Letter size and wording on nameplates to be approved by Engineer prior to I 3 manufacture (minimum 4mm high). Allow for average of twenty -five (25) letters per nameplate. Identification to be English. .4 Provide a typewritten circuit directory with clear plastic cover for each panel or Toad centre in a suitable holder on the inside of each panel door. Indicate breaker circuit number, rating, load description, and associated load data. On outside of panel board door, indicate tag number, capacity, phases and voltages. 1.16 Wiring Identification . 1 Identify wiring with permanent indelible identifying markings, numbered on both ends of phase conductors of feeders and branch circuit wiring. .2 Maintain phase sequence and colour coding throughout. i .3 Colour code: to CSA C22.1_1986. .4 Use colour coded wires in communication cables, matched throughout system. 1.17 Wiring Terminations .1 Lugs, terminals, screws used for termination of wiring to be suitable for copper conductors. 1.18 Manufacturers and CSA Labels .1 Visible and legible after equipment is installed. 1.19 Warning Signs .1 As specified and to meet requirements of Electrical Inspection Department 1 and Engineer. .2 Decal signs, minimum size 175 x 250 mm. 1 t Runge & Associates Inc. File No.: 15059W 1 I Kincardine Municipal Parking Lot Page 7 of 9 1 Electrical General Requirements Section No. 16010 1.20 Single Line Diagram 1 .1 Provide electrical single line diagrams in lamacoid frame at main service entrance panel, located inside the pedestal. .2 Submit diagram to Engineer for review prior to installation. 1.21 Load Balance .1 Measure phase current in each panelboard with normal loads (lighting) operating at time of acceptance. Adjust branch circuit connections as required to obtain best balance of current between phases and record changes. .2 Measure phase voltages at loads and adjust transformer taps to within 2% of rated voltage of equipment. .3 Submit, at completion of work, report listing phase and neutral currents in I panel boards, dry -core transformers, switchboards, and motor control centers, operating under normal load. State hour and date on which each load was measured, and voltage at time of test. 1.22 Conduit and Cable Installation .1 Install conduit and sleeves prior to pouring of concrete or core - drilling through existing walls. Sleeves through concrete: schedule 40 steel pipe, sized for free passage of conduit, and protruding 50 mm. .2 Install cables, conduits and fittings to be embedded or plastered over, neatly and close to building structure so furring can be kept to minimum. .3 Arrange for holes through exterior walls and roof to be flashed and made weatherproof. 1 1.23 Insert, Sleeves, Fastenings and Supports .1 Provide all necessary inserts, hangers, fastenings, sleeves and curbs for electrical equipment, suspended from or passing through structural walls or floors, to suit the specific location, and as approved by the Engineer. .2 Sleeves: allow 12 mm clearance over the O.D. of all cables and conduits, 25 mm horizontally and vertically for rectangular openings. .3 Finish sleeves flush with wall finish (each side) or the ceiling to curb top. .4 Secure equipment to solid masonry, tile and plaster surfaces with lead anchors or nylon shields, properly sized for the Toad to be carried. .5 Secure equipment to poured concrete with expandable inserts, properly sized for the load to be carried. .6 Secure equipment to hollow masonry walls or suspended ceilings with factory made threaded or toggle type inserts, properly sized for the load to be carried. .7 Secure surface- mounted equipment with twist clip fasteners to inverted T -bars ceilings. Ensure that T -bars are adequately supported to carry weight of equipment specified before installation. 1 Runge & Associates Inc. 1 File No.: 15059W I 1 Kincardine Municipal Parking Lot Page 8 of 9 Electrical General Requirements Section No. 16010 1 1.24 Cutting, Patching and Welding .1 Where installation of equipment by this section requires cutting or patching of ' new or existing work, the work shall be performed by, and under direction and supervision of, this section. Make good surface finishes to satisfaction of the Engineer. .2 No cutting or welding of beams, columns or structural surfaces is permitted without approval of the Engineer and all damage to finished or unfinished surfaces shall be made good to the satisfaction of the Engineer. .3 Pay all costs for cutting and patching resulting from failure to co- ordinate timely installation of electrical inserts, sleeves, etc., into masonry structures. 1.25 Fireproofing .1 Where sleeves or openings are installed in walls, floors, roof or partitions to accommodate raceways, cables or bus duct, provide all necessary seals, fittings, barriers and fire - resistant materials to restore the installation to its original fire rating to the satisfaction of the Building Code, governing authorities and the Owner's insurance underwriters. Work To be completed by authorized fire proofing contractor. 1.26 Excavation and Backfill .1 Ensure that route and depth of excavation for underground electrical services is as indicated. Provide protective materials around and over services and be I present at all times during excavation and backfilling to supervise work. 2 Contact Electrical Inspection Authority prior to backfilling of electrical service cables and ductbanks. 1 1.27 Field and Quality Control (Testing) .1 General .1 Prior to the Owner's acceptance, all electrical equipment, materials and systems installed shall be subject to an inspection and applicable performance tests supervised by the Owner and /or the Engineer to ensure that the operation of the system and components satisfy the 1 2 requirements of the Contract Documents. Ensure that the system and its components are ready prior to the inspection and test for acceptance. .3 Conduct all testing by fully qualified personnel only. Tests requiring initial power energization of a system shall not be made without notification of the Owner and /or Engineer. Tests, checks and the like carried out by or on behalf of the Contractor shall be documented and certified at no additional cost to the Owner. Submit two copies of the test certificates to the Engineer. .4 Carefully check wiring for each system and /or part of a system to ensure that the system will function properly as indicated by wiring and 1 5 schematic diagrams, description of operation, etc. Manually operate alarms and control devices to check whether their operation during normal and abnormal operating conditions causes the I 6 proper effect. In addition to tests on purely electrical systems, supply the necessary labour and equipment for operational tests required by other Divisions 1 Runge & Associates Inc. File No.: 15059W 1 1 Kincardine Municipal Parking Lot Page 9 of 9 1 Electrical General Requirements Section No. 16010 where electrical services are involved and make final adjustments to 1 the electrical controls at no additional cost to the Engineer. .7 Perform tests on auxiliary or specialized systems with the assistance of the manufacturer's representative. Upon successful conclusion of the tests, obtain a certificate from the manufacturer stating that the system has been installed to their satisfaction and that it is in good working order. .8 Ensure circuit protection devices such as overcurrent trips, relays and fuses are installed to values and settings as indicated. .9 Replace at no additional charge all fuses, relays, or other devices destroyed during field quality control (testing). .10 Supply all instruments, meters and personnel required for the tests. .11 Clean equipment by vacuum. Clean, wax and polish all new exterior surfaces, check and tighten all electrical connections. .2 Cable and Wire - 1000 Volt and Below: .1 Limit all tests on cables in this voltage range to insulation resistance measurements using a megger: 500 V instrument for circuits up to 350 V systems; 1000 V instrument for 351 -600 V systems. .2 Record all test results in a logbook and submit to the Engineer for reference. Replace or repair all circuits which do not meet minimum requirements specified in the governing Electrical Safety Code. Measure insulation resistance of the following circuits: .1 Power and lighting feeders (with equipment disconnected): phase -to- phase, and phase -to- ground. .2 Control circuits: measure to ground only. .3 Do not perform megger tests on control circuits containing transistorized or solid -state components. .3 Grounding System .1 Test the ground system efficacy for compliance with CSA Standard C22.1 and Supply Authority requirements. Verify that the ohmic resistance values specified therein are not exceeded. Provide method used to obtain results. .2 Notify Inspection Authority and Power Supply Authorities that they may be present to witness Contractor testing and provide any assistance required by these Authorities for their own testing procedures. 1 END OF SECTION 1 1 1 1 Runge & Associates Inc. 1 File No.: 15059W 1 1 Kincardine Municipal Parking Lot Page 1 of 5 Underground Duct Systems, Chambers Section No. 16105 1 and Handwells ' PART 1 — GENERAL 1.1 General Conditions 1 . 1 All sections in the front end of the tender document (such as Information to Bidders and Tender) form a part of this Specification. Read and fully adhere to exactly as if repeated here in full. .2 Refer to all other Special Provisions of the tender documents and these specifications to determine their effect upon the work of this section. .3 All sections of the Electrical Special Provisions inclusive form part of the 1 Contract Documents. Refer to Section 16010 for General Electrical Requirements related to this work. 1.2 Scope 1 .1 Furnish all labour, materials, supervision, equipment and services specified, indicated or requested to supply and install the underground duct systems, chambers, handholes and concrete light pole bases described herein. PART 2 — PRODUCTS 2.1 Rigid PVC .1 Concrete Encased ducts: Rigid PVC Conduit, Type DB2, complies with CSA C22.2 No. 211.1 -06. 1 .2 Direct Buried and exposed conduits: Rigid PVC ducts, Schedule 40 to CSA C22.2 -06. 2.2 PVC Duct Fittings .1 PVC, opaque solvent welded type couplings, bell end fittings, plugs, caps, adaptors, split ducts as required to make complete installation. .2 Expansion joints and wobble joints. .3 PVC angle couplings: 90° and 45° bends. .4 Solvent weld compound for all PVC duct joints. 1 2.3 Grounding .1 Ground rods: to Section 16450 — Grounding. 2.4 Markers .1 Concrete type cable markers: 600 x 600 x 100 mm, with the words "cable," 1 "joint" or "conduit" impressed in top surface, with arrows to indicate change in direction of duct runs. 2.5 Duct Spacers .1 Rigid interlocking plastic material, for the conduit diameters and spacing required on drawings. Runge & Associates Inc. File No.: 15059W 1 1 Kincardine Municipal Parking Lot Page 2 of 5 1 Underground Duct Systems, Chambers Section No. 16105 and Handwells 1 2.6 Cable Pulling Equipment .1 6 mm stranded nylon pull rope with tensile strength of 5 kN. 1 2.7 Concrete Bases (for Light Poles) .1 Provide concrete bases as noted on drawings. Include metal re -bar insert prior to pouring concrete. .2 Coordinate bolt pattern for light pole with manufacturer. .3 Include "cast -in- place" Artform work on concrete bases as indicated on drawings. .4 Concrete bases to comply with OPSD 2100.011 standards. 2.8 Precast Electrical Handhole /Handwell .1 Precast concrete handholes fabricated in steel forms. Size of handhole as shown on drawings. .2 Aggregates: to CAN3 A23.1 M90. .3 Cement: to CAN3 A5 M88, Type 10. Minimum 4500 PSI (32 Mpa) strength, 6- 8% air entrainment. .4 To OPSD2112.02 standard. .5 Attach frame using bolts anchored into frame of handwell. 1 .6 Individual conduit entry sleeves to be of PVC seals for maximum 103mm (4 ") I.D. duct. .7 Acceptable manufacturer: Utilicon or Armtec 1 2.9 Precast Concrete Chamber for Power Pedestals .1 Precast concrete, fabricated in steel forms. Include concrete base. 1 .2 Aggregates: to CAN3 A23.1 M90 .3 Cement: to CAN3 A5 M88, Type 10. Minimum 4500PSI (32Mpa) strength 6% - 8% air entrainment. .4 Cable entry openings: PVC seals for 103mm (ID) duct, minimum six (6). .5 Acceptable manufacturer: Utilicon UP2022 and UP1420, or Armtec. 1 PART 3 - EXECUTION 3.1 Concrete - encased Duct Banks 1 .1 Supply and install the concrete - encased underground duct banks indicated on the drawings. Supervise all excavation, formwork, reinforcement, concreting, and backfilling. .2 Build duct bank(s) and manholes on undisturbed soil or on well compacted granular fill not less than 150 mm thick, compacted to 95% of maximum proctor dry density. Runge & Associates Inc. 1 File No.: 15059W 1 ' Kincardine Municipal Parking Lot Page 3 of 5 Underground Duct Systems, Chambers Section No. 16105 ' and Handwells .3 Open trench completely between manholes to be connected before ducts are ' laid and ensure that no obstructions will necessitate change in grade of ducts. 4 Prior to laying ducts, construct "mud slab" not less than 75 mm thick. .5 Install ducts at elevations as indicated, with a minimum slope of 1 to 400. .6 Install base spacers at maximum intervals of 1.5 m levelled to grades indicated for bottom layer of ducts. .7 Lay PVC ducts with configuration and reinforcing as indicated with preformed interlocking, rigid plastic intermediate spacers to maintain spacing between ducts horizontally and vertically as shown on drawings. Stagger joints in adjacent layers at least 150 mm and make joints watertight. Encase duct bank 1 with concrete cover to elevation (or thickness) shown on drawings. 8 Make transpositions, offsets and changes in direction using 5° bend sections, do not exceed a total of 20° with duct offset. 1 .9 Use bell ends at duct terminations in manholes or buildings. .10 Use conduit to duct adapters when connecting to conduits. I .11 Terminate duct runs with duct coupling set flush with the end of concrete envelope when dead ending duct bank for future extension. .12 Cut, ream and taper end of ducts in field in accordance with manufacturer's recommendations, so that duct ends are fully equal to factory made ends. .13 Allow concrete to attain 50% of its specified strength before backfilling (minimum 24 hours after placing of concrete) unless otherwise authorized by Engineer. Ensure that backfill is placed in maximum 13 mm layers and compacted to the satisfaction of the Engineer. .14 Use anchors, ties and trench jacks as required to secure ducts and prevent moving during placing of concrete. Tie ducts to spacers with twine or other non metallic material. Remove weights or wood braces before concrete has set and fill voids. .15 Clean ducts before laying. Cap ends of ducts during construction and after ' installation to prevent entrance of foreign materials. .16 Immediately after placing of concrete, pull through each duct a wooden mandrel not less than 300 mm long and of a diameter 6 mm less than internal I diameter of duct, followed by stiff bristle brush to remove sand, earth and other foreign matter. Avoid disturbing or damaging ducts where concrete has not set completely. Pull stiff bristle brush through each duct immediately before pulling in cables. .17 Install four 3 m lengths of 15M reinforcing rods, one in each corner of duct bank when connecting duct to manholes or buildings. Wire rods to 15M dowels at manhole or building and support from duct spacers. Protect existing cables and equipment when breaking into existing manholes. Place concrete down sides of duct bank filling space under and around ducts. Rod concrete with flat bar between vertical rows filling voids. .18 In each duct install pull rope continuous throughout each duct run with 3 m spare rope at each end. ' Runge & Associates Inc. File No.: 15059W 1 Kincardine Municipal Parking Lot Page 4 of 5 1 Underground Duct Systems, Chambers Section No. 16105 and Handwells , .19 For long duct runs (greater than 50 m), install expansion couplings at 30 m intervals. .20 Provide removable watertight cap to seal each spare duct end. Install caps on all duct ends left open during construction. .21 Ensure that a responsible and competent supervisor is present during concreting operations, to protect against broken, damaged or disturbed ducts. Advise the Engineer in advance of concreting, so that he may inspect the ducts prior to pouring, and be present during the pour. 3.2 Direct Buried Duct Banks .1 Rigid ducts for direct burial shall be of the type approved for direct burial. .2 Ensure that the trench bottom is of undisturbed soil or soil compacted to a density of 95% of the maximum dry density, free of stones and uniformly graded to give continuous support to the rigid ducts throughout their entire length. .3 Slope ducts with 1 to 400 minimum slope. Provide sand bedding all around duct(s). .4 Ensure all couplings used to join PVC conduits are given a tight fit. Make connections with an approved PVC solvent supplied by the conduit manufacturer. .5 Provide protection covers or planks, where required or indicated. 1 .6 Install pull cord in each duct with 3 m spare cord at each end and cap until ready for use. .7 Pull through each duct wooden mandrel not less than 300 mm long and of diameter 6 mm Tess than internal diameter of duct, followed by stiff bristle brush to remove sand, earth and other foreign matter. Pull stiff bristle brush through each duct immediately before pulling -in cables. .8 Install markers as required or as indicated. 3.3 Markers 1 .1 Place concrete duct marker at ends of duct runs. Construct markers and install flush with grade. .2 Mark ducts every 3 m along straight runs and changes in direction. 1 .3 Where markers are removed to permit installation of additional duct, reinstall existing markers. .4 Lay concrete markers flat and centered over duct with top 25 mm above earth surface. .5 Provide drawings showing locations of markers. 3.4 Inspections .1 Advise Engineer so that he may inspect ducts prior to placing and be present during placement of concrete and clean out. Runge & Associates Inc. 1 File No.: 15059W 1 I Kincardine Municipal Parking Lot Page 5 of 5 Underground Duct Systems, Chambers Section No. 16105 1 and Handwells 3.5 Cable Installation in Ducts 1 .1 Install cables as indicated in ducts. .2 Do not pull spliced cables inside ducts. I .3 Install multiple cables in duct simultaneously. .4 Use CSA approved lubricants of type compatible with cable jacket to reduce pulling tension. I .5 To facilitate matching of colour -coded multi- conductor control cables, reel off in same direction during installation. .6 Before pulling cable into ducts and until cables properly terminated, seal ends I of lead covered cables with wiping solder; seal ends of non - leaded cables with moisture seal tape. .7 After installation of cables, seal duct ends with duct sealing compound. 1 3.6 Electrical Precast Handholes /Handwells and Chambers .1 Install precast handwell and chamber, as indicated on drawings. .2 Terminate ducts in "bell end" fitting flush with window face of chamber or handwell. .3 Install frames and covers for each handwell. I .4 Provide minimum 457mm depth of 19mm dia. clear crush stone underneath each handwell and chamber as a base and drainage. Coordinate with Civil engineer. 1 END OF SECTION 1 1 1 1 1 1 1 Runge & Associates Inc. File No.: 15059W 1 1 Kincardine Municipal Parking Lot Page 1 of 2 1 Raceway Systems Section No. 16110 1 PART 1 — GENERAL 1.1 General Conditions 1 .1 All sections in the front end of the tender document (such as Information to Bidders and Tender) form a part of this Specification. Read and fully adhere to exactly as if repeated here in full. .2 Refer to all other Special Provisions of the tender documents and these specifications to determine their effect upon the work of this section. .3 All sections of the Electrical Special Provisions inclusive form part of the Contract Documents. Refer to Section 16010 for General Electrical Requirements related to this work. 1.2 Scope .1 Supply and install all conduits, fittings, supports, hangers and miscellaneous support materials and hardware required for the complete systems in accordance with the applicable codes and regulations and as specified herein and on the drawings. 1.3 Location of Conduit 1 .1 Drawings do not indicate all conduit, and supporting runs. Those indicated are in diagrammatic form only. PART 2 — PRODUCTS 2.1 Conduits .1 Minimum conduit size: 21 mm (3/4 "). .2 Rigid PVC conduit, manufactured to schedule 40 wall thickness. Solvent weld compound for all PVC joints. Complies with CSA C22.2 No. 211.2 -06. .3 Fittings: manufactured for use with conduit specified. Coating: same as conduit. Fittings to incorporate nylon insulated throat or bushing. .4 Factory "ells" where 90° bends are required for 25 mm and larger conduits. 1 2.2 Conduit Fastenings and Supports .1 One -hole and two -hole hot dip galvanized steel straps. 1 .2 Hot dipped galvanized steel channel type supports, U shape, size 41x41 mm, 2.5 mm thick. 111 2.3 Rigid PVC Boxes and Fittings .1 Complies with CAN /CSA -C22.2 No.85 -M89 (R2010) .2 NEMA rated 4X approved for use in wet locations. .3 PVC molded square junction boxes, sized to suit application. Include threaded stainless steel screws and inserts, flexible PVC gaskets and external mounting feet. .4 Piano -type hinges on boxes larger than 300 x 300 mm. Runge & Associates Inc. r File No.: 15059W 1 1 Kincardine Municipal Parking Lot Page 2 of 2 Raceway Systems Section No. 16110 2.4 Expansion Fittings for Rigid Conduit .1 Watertight expansion fittings with integral bonding jumper suitable for linear expansion and 19 mm deflection in all directions. ' 2 Weatherproof expansion fittings for linear expansion at entry to panel. 1 2.5 Fish Cord .1 6 mm stranded nylon cord, tensile strength 5 kN. 1 PART 3 - EXECUTION 3.1 Installation 1 .1 Use rigid PVC conduit for all non - hazardous areas, in above grade, direct buried, indoor and outdoor wiring. .2 Install ground conductor in all types of conduits. 1 .3 Install fish cord in empty conduits. .4 Where conduits become blocked, remove and replace blocked section. Do not use liquids to clean out conduits. 1 .5 Dry conduits out before installing wire. .6 Support equipment using clips, spring loaded bolts, cable clamps designed as accessories to basic channel members. .7 Install expansion sleeves wherever conduits cross a structural expansion joint or conduit mounted on existing utility poles. END OF SECTION 1 1 1 1 1 1 1 Runge & Associates Inc. File No.: 15059W 1 1 Kincardine Municipal Parking Lot Page 1 of 2 1 Wires and Cables Section No. 16120 1 PART 1 — GENERAL 1.1 General Conditions 1 .1 All sections in the front end of the tender document (such as Information to Bidders and Tender) form a part of this Specification. Read and fully adhere to exactly as if repeated here in full. .2 Refer to all other Special Provisions of the tender documents and these specifications to determine their effect upon the work of this section. .3 All sections of the Electrical Special Provisions inclusive form part of the Contract Documents. Refer to Section 16010 for General Electrical Requirements related to this work. 1.2 Scope .1 Furnish all labour, materials, supervision, equipment and services specified, indicated or requested to install the complete wiring systems specified herein. 1 .2 Include in the wiring system all wiring, terminations, wire markers, cable tags, cable ties, splice fittings, insulation tapes, connectors and miscellaneous materials necessary to complete the wiring system. 1 PART 2 — PRODUCTS 2.1 Low Voltage Wire and Cable (1000V and Below) 1 .1 Conductors for all light poles and bollards: stranded copper conductors, with minimum power conductor size: No. 12 AWG. .2 Conductors: size and number of conductors as indicated, with cross - linked polyethylene (XLPE) insulation rated 600 V — RW90. .3 Secondary service and power feeds: unless otherwise noted, provide AL conductors, size and number of conductors as indicated, USEI90, insulation rated 600V. .4 Control conductors and pedestal wiring: XLPE insulation rated 600 V — RW90. .5 Insulated ground conductors forming part of a multi- conductor conduit /duct assembly shall have green colour coding. .6 Colour coding of insulated conductors: .1 1- conductor cable -Black .2 2- conductor cable - Black, White .3 3- conductor cable -Red, Black, Blue .4 4- conductor cable -Red, Black, Blue, White .5 Multi- conductor cables- Number code 2.2 Wiring Accessories .1 Wire markers: computer printed, black letters on white background, self - laminating — vinyl markers, number of markers as required. .2 Cable markers for cables or conductors greater than 13 mm diameter: strap- on type, rigid PVC, black letters on white background, with PVC - covered aluminium straps. Runge & Associates Inc. 1 File No.: 15059W 1 1 1 Kincardine Municipal Parking Lot Page 2 of 2 Wires and Cables Section No. 16120 1 .3 Terminal blocks: minimum 600 V rated, modular, sized to accommodate conductor size used. ' .4 Where screw -type terminals are provided on equipment field wiring: terminate with pressure -type insulated copper fork tongue terminals. .5 Fuse holders: weatherproof, finger safe, inline fuse holders, complete with 1 6 fuse as indicated on drawings. Splice connectors for wire sizes Nos. 12 -6 AWG inclusive: compression spring type. .7 Splice connectors for wire sizes No. 6 AWG and larger: split -bolt type, sized to suit number and size of conductors, c/w flame retardant foot -type insulator. .8 Cable ties shall be nylon, one - piece, self - locking type. 1 .9 Cable pulling lubricant: compatible with cable covering and will not cause damage and corrosion to conduits or ducts. 1 PART 3 — EXECUTION 3.1 Installation — General .1 Install all wire and cable according to the drawings, with a minimum power conductor size of no. 12 AWG copper. .2 Pull cable into ducts and conduits in accordance with the cable manufacturer's recommendations, using patented cable grips suitable for the type of cable or using pulling eyes to be installed directly onto the cable conductors. .3 Limit pulling tensions to those recommended by the manufacturer to avoid 1 4 overstressing cable. Utilize adequate lubricant when pulling cables through ducts and conduits to minimize wear on cable jackets. 1 .5 Install all through wiring in hand holes and pull boxes having no connection within the box with a minimum of 150 mm of slack left inside the box or hole. .6 Make connections to equipment "pig - tails" with mechanical, insulated, screw- , on connectors for wire sizes nos. 12 -6 AWG. For wire sizes No. 6 AWG and larger utilize split -bolt connectors, taped with three layers minimum of insulating tape. ' .7 No splices shall be permitted in cable or wiring runs, hand holes or pulling boxes, and shall only be permitted in junction boxes. .8 Unless otherwise specified, make all wiring tapes, splices and terminations ' with identified compression screw type terminal blocks, heat - shrink and insulating tape, securely fastened to avoid loosening under vibration or normal strain. Identify each conductor by plastic slip -on markers at each termination indicating the circuit and panel designation and wire number. .9 Identify each cable by attaching a suitable marker, stamped or indelibly marked with the cable number, at each end of the cable and in all intermediate manholes, junction boxes and pull boxes. 1 END OF SECTION 1 Runge & Associates Inc. File No.: 15059W 1 1 Kincardine Municipal Parking Lot Page 1 of 5 1 Power Pedestals Section No. 16410 1 PART 1 — GENERAL 1.1 General Conditions 1 .1 All sections in the front end of the tender document (such as Information to Bidders and Tender) form a part of this Specification. Read and fully adhere to exactly as if repeated here in full. .2 Refer to all other Special Provisions of the tender documents and these specifications to determine their effect upon the work of this section. .3 All sections of the Electrical Special Provisions inclusive form part of the Contract Documents. Refer to Section 16010 for General Electrical Requirements related to this work. 1.2 Scope .1 Furnish all labour, materials, supervision, equipment and services specified, indicated or requested to install the secondary service and load centre pedestals specified herein and on the drawings. 1.3 Conflicting Requirements .1 Any ambiguities in, or contradictions between sections of this specification, or between this specification and the local codes, must be resolved by the equipment manufacturer to the satisfaction of the Engineer. 1.4 Deviations from Specifications .1 Deviations from this specification may occur due to special design conditions. Such deviations may be permissible if they are equal to or better than the specified requirements, and only when they are approved by the Engineer. 1.5 Shop Assembly 111 .1 Maximize shop assembly to minimize the on -site erection work. .2 Shipped the equipment in as few sub - assemblies as is practical and in accordance with overall shop drawing schedule. 1.6 Packaging and Shipping .1 Pack, crate or otherwise protect each item so that it is not damaged in transit and arrives in serviceable condition at the site. In particular, ensure accumulation of water in equipment is prevented. .2 Include with the shipment one copy of shop drawings, instructions and maintenance manuals in English. .3 Clearly mark all crates, boxes and cartons to indicate the purchase order number and the name of the equipment. .4 Shipping invoice shall show the crate, box or carton number. 1.7 Guarantee .1 The performance of the equipment shall be guaranteed throughout to perform the duty stated herein. Runge & Associates Inc. 1 File No.: 15059W 1 1 I Kincardine Municipal Parking Lot Page 2 of 5 Power Pedestals Section No. 16410 1 .2 In addition, guarantee the equipment against faulty materials, construction and workmanship for a period of twelve (12) months from date of start-up (i.e., commissioning). I 1.8 Shop Drawings .1 Indicate on the shop drawing submission: I .1 .2 Outline dimensions. Configuration of identified compartments and panels. .3 Anchoring method and dimensioned foundation template. I .4 Cable entry and exit locations. .5 Dimensioned position and size of panels .6 Control wiring diagrams, as indicated. 1 PART 2 — PRODUCTS 2.1 Service Entrance Supply Characteristics 1 .1 120/240 V, 1- phase, 3 wire, 60 Hz. 2.2 Acceptable Manufacturer: I .1 Design has been based on Pedestal Solutions Inc. .2 Contact person: Craig Bradley at (905) 715 -2052, or, email at info @pedestalsolutions.com 1 2.3 Description of Pedestals .1 Heavy gauge, galvanized steel construction. I .2 Suitable for mounting to concrete base, free standing, enclosed with front and rear access panels. .3 Outdoor, weatherproof, tamperproof, NEMA/EEMAC 3R enclosure, with I electrostatic powder coated paint finish. Colour: standard "Equipment" green. I .5 General arrangement of pedestals as indicated on electrical contract drawings. Accommodate service entrance power panels and load centres as indicated. .6 Concealed ventilation. I .7 Stainless steel lockable fasteners and handles. .8 Provide all necessary warning signs as required by local inspection I authorities. 2.4 Load Centre Panel (Power Panel) I . 1 Panelboards: product of one manufacturer. .2 Designed for service entrance (as indicated) c/w main breaker rated 22kAIC. Main and feeder breakers must be series rated for 22kAIC. I .3 Panelboard: bus and feeder breakers rated for 22,000 A (symmetrical) interrupting capacity. 1 Runge & Associates Inc. File No.: 15059W 1 Kincardine Municipal Parking Lot Page 3 of 5 1 Power Pedestals Section No. 16410 .4 Sequence phase bussing with odd numbered breakers on left and even on right, with each breaker identified by permanent number identification as to circuit number and phase. I .5 Panelboards: voltage mains, number of circuits, and number and size of branch circuit breakers as indicated. .6 Two keys for each panelboard (and key alike). I .7 Copper buses with neutral of same ampere rating as mains. .8 Copper ground bar. 1 .9 Mains: suitable for bolt on breakers. .10 Standard trim and door finish. .11 Base panelboards on CSA C22.2 No. 29 — specification. I .12 Panelboard Breakers: .1 Breakers with thermal and magnetic tripping in panelboards except as indicated otherwise. .2 Main breaker: separately mounted on top or bottom of panel to suit service and cable entry. When mounted vertically, down position should open breaker. , .3 Lock on devices as indicated. .4 Bolt -on moulded case circuit breaker: quick -make, quick -break type, for manual and automatic operation with temperature compensation for 40 °C ambient. I .5 Common -trip breakers: with single handle for multi -pole applications. .6 Ground fault protection circuit breakers: Class A type, 120V AC, complete with automatic shunt trip, zero sequence transformer and facilities for testing and reset pushbuttons. I .13 Acceptable manufacturers: Square D, Eaton /Cutler- Hammer and Siemens. 2.5 Disconnect Switches I .1 Heavy Duty rated, rated 600VAC Max., CSA Approved. .2 Fusible and non - fusible disconnect switch: size and number of poles as 1 indicated, enclosure rated for applicable area. .3 Provision for padlocking in "on" and "off' switch position. .4 Mechanically interlocked door to prevent opening when handle in ON position. I .5 Fuses: size as indicated. .6 Fuseholders: suitable without adaptors, for type and size of fuse indicated. .7 Quick -make, quick -break action, non - teasible mechanism with visible blade — 1 dead front construction. .8 ON -OFF switch position indication on switch enclosure cover. 1 .9 Early break auxiliary contact (switch), as indicated on drawings. .10 Acceptable manufacturers: Allen- Bradley, Cutler- Hammer, Siemens, GE and Square -D (Schneider). I Runge & Associates Inc. 1 File No.: 15059W 1 1 1 Kincardine Municipal Parking Lot Page 4 of 5 Power Pedestals Section No. 16410 1 2.6 Conduit and Wiring .1 Wiring: Refer to Section 16120 in Division 16 — Electrical Special Provisions. I .2 Control wiring: 600 V rated, XLPE insulated, minimum #14 AWG size stranded copper. Install wiring to panel doors utilizing extra flexible 49- strand conductors. I .3 Identify all wiring by means of oil- resistant markers fixed to each conductor at both ends. .4 Wires colour code: I . .2 Control circuits — Red Power circuits — Black .5 Terminal blocks: compression type, modular pull -apart construction, enabling I unit wiring to be easily separated from field wiring. Identify all terminal blocks with numbers identical to the wire numbers. .6 No more than two wires per terminal screw (i.e. on terminal block). 1 2.7 Photocells (if required) .1 Photo - electric cell: button style, cadmium sulphide, epoxy coated. Suitable for I 2 flush mounting on side of pedestal. Construction: weather tight housing, completely self- contained, not affected by moisture, vibration or temperature changes. I .3 Rating: 120VAC, 15A, SPST contact. .4 Operating temperature range: -40 °C to +70 °C I .5 Acceptable manufacturer: Intermatic #K4021C. 2.8 Electronic Timer (if required) .1 Provide an electronic 7 -day astronomical time switch to automatically switch I loads according to a preset weekly schedule with "to-the-minute" accuracy and independent settings. .2 Rating: 120VAC, 30A, SPST contact, inductive /resistive. 1 .3 Type of load: LED ballast. .4 Power supply and clock voltage: 120V, 3W max. 1 .5 Options: manual override pushbutton and Type 3R plastic enclosure. .6 Battery powered clock operation to retain all programmed features, with minimal 3 -year life. Provide battery. 1 .7 Acceptable manufacturer: Intermatic ET8000 Series. 2.9 Lighting and Power Contactors (if required) 1 .1 Contactors: to EEMAC No. 1 CS -1970. .2 Permanent magnet latch type controlled by pilot devices as indicated and rated for type of load controlled. Number of poles as indicated on drawings. 1 Half size contactors not accepted. 1 Runge & Associates Inc. File No.: 15059W Kincardine Municipal Parking Lot Page 5 of 5 Power Pedestals Section No. 16410 .3 Complete with 1 normally open and 1 normally closed auxiliary contacts ' unless indicated otherwise. .4 Contactor to include enclosure .5 If indicated on drawings, include disconnect switch (interlocked with enclosure door) control transformer with primary and secondary fusing, indicating lights, selector switches, pushbuttons, etc. .6 Acceptable manufacturers: Allen- Bradley, Cutler Hammer, Siemens, GE and Square D (Schneider). PART 3 — EXECUTION 1 3.1 Installation .1 Set and secure pedestal in place on bases, rigid, plumb and square to surroundings. .2 Make field power and control connections as indicated. .3 Install meter base on line side of service entrance rated panels. .4 Make grounding connections between equipment ground busses and system grounding system. .5 Check all factory -made connections for mechanical security, electrical continuity and current phasing. .6 Perform tests in accordance with Section 16010 — Electrical General 1 Requirements. END OF SECTION R:12015 \15059W Kincardine Municipal Parking Lot\ Contract \Specifications \15059W_16410 Power Pedestals.doc 1 1 Runge & Associates Inc. ' File No.: 15059W 1 I Kincardine Municipal Parking Lot Page 1 of 2 Grounding Section No. 16450 I PART 1 — GENERAL 1 1.1 General Conditions .1 All sections in the front end of the tender document (such as Information to Bidders and Tender) form a part of this Specification. Read and fully adhere I to exactly as if repeated here in full. .2 Refer to all other Special Provisions of the tender documents and these specifications to determine their effect upon the work of this section. I .3 All sections of the Electrical Special Provisions inclusive form part of the Contract Documents. Refer to Section 16010 for General Electrical Requirements related to this work. 1 1.2 Scope .1 Furnish all labour, materials, supervision, equipment and services specified, 1 indicated or requested to install a complete grounding system. PART 2 — PRODUCTS 1 2.1 Equipment .1 AC system grounding conductors: bare stranded copper, soft annealed size as I 2 indicated or as required by Ontario Electrical Safety Code. Bonding raceways and equipment conductors: bare stranded copper, soft annealed size as indicated or as required by Ontario Electrical Safety Code. I .3 Grounding electrodes (rods): copper clad steel, 19mm diameter by 3m long. .4 Grounding plate: copper clad, hot dipped galvanized steel, #8 to #1/0 wire range, 6.35mm (1/4 ") think plate. I .5 Provide copper clad clamps for grounding of conductor, size as required to outdoor grounding system. .6 Insulated grounding conductors: green, type RW90, rated 1000V, stranded I copper, soft annealed copper conductor. .7 Non - corroding (copper) accessories necessary for grounding system, type, size, material as required, including but not necessarily limited to: I .1 Grounding and bonding bushings. .2 Protective type clamps. .3 Bolted type conductor connectors. .4 Thermit welded type conductor connectors. I .5 Bonding jumpers, straps. .6 Pressure wire connectors. .8 Acceptable manufacturers: I .1 Burndy .2 Thomas & Betts 1 1 Runge & Associates Inc. File No.: 15059W 1 1 Kincardine Municipal Parking Lot Page 2 of 2 Grounding Section No. 16450 PART 3 — EXECUTION ' 3.1 Installation General .1 Provide a complete permanent, continuous, system and circuit, and equipment grounding systems including, electrodes, plates, conductors, connectors, accessories, as indicated, and to conform to requirements of Engineer, and local inspection authorities having jurisdiction over installation. .2 Install connectors in accordance with manufacturer's instructions. Soldered joints not permitted. .3 Protect exposed grounding conductors from mechanical injury. .4 Make buried connections, and connections to conductive water main, electrodes, plates, using copper welding by thermit process or mechanical compression connectors utilizing hydraulic tools. .5 Use mechanical connectors for grounding connections to equipment provided with Tugs. .6 Install bonding wire for flexible conduit, connected at both ends to grounding bushing, solderless lug, clamp or cup washer and screw. Neatly cleat bonding wire to exterior of flexible conduit. .7 Install separate ground conductor to outdoor lighting standards and bollards, plus all ducts and raceway systems. .8 Clean surfaces to which ground conductors or bus are bolted to surfaces of paint, rust, etc., and lightly coat both contact surfaces with an oxide - preventing agent before bolting connection to steel member. .9 Protect ground conductors or bus subject to mechanical damage by rigid galvanized steel conduit or steel guards which shall be effectively grounded at both ends to the ground conductor they are protecting, regardless of length. .10 Terminate ground wires forming an integral part of cables to equipment ground stud of enclosure at all terminations unless otherwise noted for single cables. Where stud is not provided, drill enclosure housing and install ground fitting. .11 Make grounding connections in radial configuration only, with connections terminating at single grounding point. Avoid loop connections. .12 Ground secondary service pedestals as per Section 10 of the Electrical Code. 3.2 Field Quality Control .1 Perform tests in accordance with Section 16010 — Electrical General Requirements. .2 Perform ground continuity and resistance tests using method appropriate to site conditions and to approval of Consultant and local authority having jurisdiction over installation. .3 Perform tests before energizing electrical system. Disconnect ground fault indicator during tests. END OF SECTION ' Runge & Associates Inc. ' File No.: 15059W 1 1 SGC -1 1 SUPPLEMENTAL GENERAL CONDITIONS 1 The following items shall supplement the OPS General Conditions of Contract, latest edition. 1.0 Section GC 1.04.01, Definitions, shall be amended with the inclusion of the following 1 definitions: Provisional means that the use of this item is conditional on the circumstances determined 1 by the Contract Administrator at the time of construction and that authorization to proceed must be granted to the Contractor prior to proceeding with the work I 2.0 Section GC 2.01, Reliance on Contract Documents, paragraph 2.01.01 a) shall be revised as follows: a) The location and depth of all utilities shown on the contract drawings are based on information obtained from the applicable operating authority. Neither the Owner nor the Contract Administrator can warrant the locations of the utilities. ' 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 1 f) Standard Specifications g) Standard Drawings h) Tender i) Supplemental General Conditions j) General Conditions k) Working Drawings 1 4.0 Section GC 3.05.01. Layout, shall be revised as follows: The Contract Administrator shall, on behalf of the Owner, provide baseline and benchmark information for the location, alignment, and elevation of the work including: • Offset stakes for road centreline alignment ' • Offset stakes for storm sewer structures and sanitary sewer structures • Final curb grade and alignment • Alignment for bridge foundations 1 One week advance notice is required by the Contract Administrator to schedule the construction layout. 1 Z: \wp\BACK- UPS\Forms\Supp Gen Conditions - revised 14Mar27.docx 1 SGC -2 5.0 Section GC 8.02.02, Advance Payments for Materials, the first sentence of paragraph GC 8.02.02.01 shall be revised as follows: .01 The Owner may make advance payment for material intended for incorporation in the 1 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 1 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 1 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 1 1 Z: \wp\BACK- UPS\Fonns\Supp Gen Conditions - revised 14Mar27.docx 1 1 1 ONTARIO PROVINCIAL STANDARDS 1 FOR ROADS AND PUBLIC WORKS 4rit,Np STq 414 4 9 p p w I � S YxN) � 1 GENERAL CONDITIONS OF CONTRACT 1 NOVEMBER 2006 1 1 ��a sr4NO Ontario Provincial Standards METRIC 4 'N for OPSS.MUNI 100 y r Roads and Public Works November 2006 i c p4c.aP ° 1 OPS GENERAL CONDITIONS OF CONTRACT Table of Contents I SECTION GC 1.0 - INTERPRETATION GC 1.01 Captions 6 I GC 1.02 Abbreviations 6 I GC 1.03 Gender and Singular References 6 GC 1.04 Definitions 6 1 GC 1.05 Substantial Performance 11 GC 1.06 Completion 11 1 GC 1.07 Final Acceptance 11 GC 1.08 Inte rpretation of Certain Words 11 I SECTION GC 2.0 - CONTRA DOCUMENTS 1 GC 2.01 Reliance on Contract Documents 12 GC 2.02 Order of Precedence 12 I SECTION GC 3.0 - ADMINISTRATION OF THE CONTRACT I GC 3.01 Contract Administrator's Authority 14 GC 3.02 Working Drawings 15 GC 3.03 Right of the Contract Administrator to Modify Methods and Equipment 16 GC 3.04 Emergency Situations 16 I GC 3.05 Layout 16 GC 3.06 Extension of Contract Time 16 1 GC 3.07 Delays 17 GC 3.08 Assignment of Contract 17 1 GC 3.09 Subcontracting by the Contractor 18 1 1 Page 1 Rev. Date: 11/2006 OPSS.MUNI 100 1 1 GC 3.10 Changes 18 GC 3.10.01 Changes in the Work 18 I GC 3.10.02 Extra Work 19 GC 3.10.03 Additional Work 19 1 GC 3.11 Notices 19 GC 3.12 Use and Occupancy of the Work Prior to Substantial Performance 19 GC 3.13 Claims, Negotiations, Mediation 20 I GC 3.13.01 Continuance of the Work 20 GC 3.13.02 Record Keeping 20 1 GC 3.13.03 Claims Procedure 20 GC 3.13.04 Negotiations 21 1 GC 3.13.05 Mediation 21 GC 3.13.06 Payment 21 1 GC 3.13.07 Rights of Both Parties 21 GC 3.14 Arbitration 21 1 GC 3.14.01 Conditions for Arbitration 21 GC 3.14.02 Arbitration Procedure 22 I GC 3.14.03 Appointment of Arbitrator 22 I GC 3.14.04 Costs 22 GC 3.14.05 The Decision 23 1 GC 3.15 Archaeological Finds 23 SECTION GC 4.0 - OWNER'S RESPONSIBILITIES AND RIGHTS GC 4.01 Working Area 24 I GC 4.02 Approvals and Permits 24 GC 4.03 Management and Disposition of Materials 24 I GC 4.04 Construction Affecting Railway Property 25 GC 4.05 Default by the Contractor 25 I GC 4.06 Contractor's Right to Correct a Default 25 1 Page 2 Rev. Date: 11/2006 OPSS.MUNI 100 I 1 1 GC 4.07 Owner's Right to Correct a Default 26 1 GC 4.08 Termination of Contractor's Right to Continue the Work 26 GC 4.09 Final Payment to Contractor 26 1 GC 4.10 Termination of the Contract 26 GC 4.11 Continuation of Contractor's Obligations 27 1 GC 4.12 Use of Performance Bond 27 I GC 4.13 Payment Adjustment 27 SECTION GC 5.0 - MATERIAL 1 GC 5.01 Supply of Material 28 GC 5.02 Quality of Material 28 1 GC 5.03 Rejected Material 28 I GC 5.04 Substitutions 29 GC 5.05 Owner Supplied Material 29 1 GC 5.05.01 Ordering of Excess Material 29 GC 5.05.02 Care of Material 29 SECTION GC 6.0 - INSURANCE, PROTECTION AND DAMAGE I GC 6.01 Protection of Work, Persons, and Property 31 GC 6.02 Indemnification 31 1 GC 6.03 Contractor's Insurance 32 GC 6.03.01 General 32 1 GC 6.03.02 General Liability Insurance 32 GC 6.03.03 Automobile Liability Insurance 33 I GC 6.03.04 Aircraft and Watercraft Liability Insurance 33 GC 6.03.04.01 Aircraft Liability Insurance 33 GC 6.03.04.02 Watercraft Liability Insurance 33 1 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 I GC 6.03.05.03 Use and Occupancy of the Work Prior to Completion 34 GC 6.03.05.04 Payment for Loss or Damage 34 1 1 Page 3 Rev. Date: 11/2006 OPSS.MUNI 100 1 GC 6.03.06 Contractor's Equipment Insurance 35 1 GC 6.03.07 Insurance Requirements and Duration 35 1 GC 6.04 Bonding 35 GC 6.05 Workplace Safety and Insurance Board 36 1 SECTION GC 7.0 - CONTRACTOR'S RESPONSIBILITIES AND CONTROL OF THE WORK 1 GC 7.01 General 87 GC 7.02 Layout 39 1 GC 7.03 Working Area 39 GC 7.04 Damage by Vehicles or Other Equipment 40 I GC 7.05 Excess Loading of Motor Vehicles 40 GC 7.06 Condition of the Working Area 40 1 GC 7.07 Maintaining Roadways and Detours 40 GC 7.08 Access to Properties Adjoining the Work and Interruption of Utility Services 41 I GC 7.09 Approvals and Permits 41 I GC 7.10 Suspension of Work 42 GC 7.11 Contractor's Right to Stop the Work or Terminate the Contract 42 1 GC 7.12 Notices by the Contractor 42 GC 7.13 Obstructions 43 1 GC 7.14 Limitations of Operations 43 GC 7.15 Cleaning Up Before Acceptance 43 1 GC 7.16 Warranty 43 GC 7.17 Contractor's Workers 44 GC 7.18 Drainage 44 I SECTION GC 8.0 - MEASUREMENT AND PAYMENT GC 8.01 Measurement 45 1 GC 8.01.01 Quantities 45 GC 8.01.02 Variations in Tender Quantities 45 1 Page 4 Rev. Date: 11/2006 OPSS.MUNI 100 I 1 I GC 8.02 Payment 46 1 GC 8.02.01 Price for Work 46 GC 8.02.02 Advance Payments for Material 46 I GC 8.02.03 Certification and Payment 47 GC 8.02.03.01 Progress Payment Certificate 47 GC 8.02.03.02 Certification of Subcontract Completion 47 I GC 8.02.03.03 Subcontract Statutory Holdback Release Certificate and Payment 47 GC 8.02.03.04 Certification of Substantial Performance 48 GC 8.02.03.05 Substantial Performance Payment and Substantial Performance Statutory Holdback Release Payment Certificates 48 I GC 8.02.03.06 Certification of Completion 49 GC 8.02.03.07 Completion Payment and Completion Statutory Holdback Release Payment Certificates 49 I GC 8.02.03.08 Interest 50 GC 8.02.03.09 Interest for Late Payment 50 GC 8.02.03.10 Interest for Negotiations and Claims 51 GC 8.02.03.11 Owner's Set -Off 51 1 GC 8.02.03.12 Delay in Payment 51 GC 8.02.04 Payment on a Time and Material Basis 51 GC 8.02.04.01 Definitions 51 I GC 8.02.04.02 Daily Work Records 52 GC 8.02.04.03 Payment for Work 53 GC 8.02.04.04 Payment for Labour 53 I GC 8.02.04.05 Payment for Material 53 GC 8.02.04.06 Payment for Equipment 53 GC 8.02.04.06.01 Working Time 53 GC 8.02.04.06.02 Standby Time 53 I GC 8.02.04.07 Payment for Hand Tools 54 GC 8.02.04.08 Payment for Work by Subcontractors 54 GC 8.02.04.09 Submission of Invoices 54 GC 8.02.04.10 Payment Other Than on a Time and Material Basis 55 I GC 8.02.04.11 Payment Inclusions 55 GC 8.02.05 Final Acceptance Certificate 55 1 GC 8.02.06 Payment of Workers 55 GC 8.02.07 Records 55 1 GC 8.02.08 Taxes 56 I GC 8.02.09 Liquidated Damages 56 1 1 1 I Page 5 Rev. Date: 11/2006 OPSS.MUNI 100 1 SECTION GC 1.0 - INTERPRETATION GC 1.01 Captions .01 The captions appearing in these General Conditions have been inserted as a matter of convenience and for ease of reference only and in no way define, limit, or enlarge the scope or meaning of the General Conditions or any provision hereof. GC 1.02 Abbreviations 1 .01 The abbreviations on the left below are commonly found in the Contract Documents and represent the organizations and phrases listed on the right: "AASHTO" - American Association of State Highway Transportation Officials "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 "CESA" - Canadian Engineering Standards Association "CGSB" - Canadian General Standards Board "CSA" - Canadian Standards Association "CWB" - Canadian Welding Bureau 111 "GC" - General Conditions "ISO" - International Organization for Standardization "MOE" - Ontario Ministry of the Environment "MTO" - Ontario Ministry of Transportation "MUTCD" - Manual of Uniform Traffic Control Devices (Replaced by OTM) "OPS" - Ontario Provincial Standard "OPSD" - Ontario Provincial Standard Drawing "OPSS" - Ontario Provincial Standard Specification "OTM" - Ontario Traffic Manual "PEO" - Professional Engineers Ontario "SAE" - Society of Automotive Engineers "SCC" - Standards Council of Canada "SSPC" - Structural Steel Painting Council "UL" - Underwriters Laboratories "ULC" - Underwriters Laboratories Canada GC 1.03 Gender and Singular References .01 References to the masculine or singular throughout the Contract Documents shall be considered to 1 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 1 closing. 1 Page 6 Rev. Date: 11/2006 OPSS.MUNI 100 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 wearing surface layers, curb and gutter, or sidewalk. 1 Business Day means any Day except Saturdays, Sundays, and statutory holidays. Certificate of Subcontract Completion means the certificate issued by the Contract Administrator in ., accordance with clause GC 8.02.03.02, Certification of Subcontract Completion. Certificate of Substantial Performance means the certificate issued by the Contract Administrator at Substantial Performance. 1 Change Directive means any written instruction signed by the Owner, or by the Contract Administrator where so authorized, directing that a Change in the Work or Extra Work be performed. ' Change in the Work means the deletion, extension, increase, decrease, or alteration of lines; grades; dimensions; quantities; methods; drawings; substantial changes in geotechnical, subsurface, surface, or other conditions; changes in the character of the Work to be done; or materials of the Work or part thereof, within the intended scope of the Contract. Change Order means a written amendment to the Contract signed by the Contractor and the Owner, or the Contract Administrator where so authorized, covering contingencies, a Change in the Work, Extra ' Work, Additional Work, and changed subsurface conditions; and establishing the basis for payment and the time allowed for the adjustment of the Contract Time. Completion Certificate means the certificate issued by the Contract Administrator at completion. 1 Constructor means, for the purposes of, and within the meaning of the Occupational Health and Safety Act, R.S.O. 1990, c.O.1, as amended and amendments thereto, the Contractor who executes the ' Contract. Contract means the undertaking by the Owner and the Contractor to perform their respective duties, responsibilities, and obligations as prescribed in the Contract Documents. 1 Contract Administrator means the person, partnership, or corporation designated by the Owner to be the Owner's representative for the purposes of the Contract. ' Contract Documents mean the executed Agreement between the Owner and the Contractor, Tender, General Conditions of Contract, Supplemental General Conditions of Contract, Standard Specifications, Special Provisions, Contract Drawings, addenda incorporated in a Contract Document before the ' execution of the Agreement, such other documents as may be listed in the Agreement, and subsequent amendments to the Contract Documents made pursuant to the provisions of the Agreement. Contract Drawings or Contract Plans mean drawings or plans, any Geotechnical Report, any ' Subsurface Report, and any other reports and information provided by the Owner for the Work, and without limiting the generality thereof, may include soil profiles, foundation investigation reports, reinforcing steel schedules, aggregate sources lists, Quantity Sheets, and cross - sections. ' Contract Time means the time stipulated in the Contract Documents for Substantial Performance of the Work, including any extension of Contract Time made pursuant to the Contract Documents. Page 7 Rev. Date: 11/2006 OPSS.MUNI 100 1 1 Contractor means the person, partnership, or corporation undertaking the Work as identified in the Agreement. Controlling Operation means any component of the Work that, if delayed, may delay the completion of the Work. Cost Plus has the same meaning as "Time and Material." ' Cut Date means the date up to which payment shall be made for work performed. Daily Work Records mean daily Records detailing the number and categories of workers and hours ' worked or on standby, types and quantities of Equipment and number of hours in use or on standby, and description and quantities of Material utilized. Day means a calendar day. Drawings or Plans mean any Contract Drawings or Contract Plans, or any Working Drawings or Working Plans, or any reproductions of drawings or plans pertaining to the Work. End Result Specification means specifications that require the Contractor to be responsible for supplying a product or part of the Work. The Owner accepts or rejects the final product or applies a price adjustment that is commensurate with the degree of compliance with the specification. Equipment means all machinery and equipment used for preparing, fabricating, conveying or erecting the Work and normally referred to as construction machinery and equipment. Estimate means a calculation of the quantity or cost of the Work or part of it depending on the context. Extra Work means work not provided for in the Contract as awarded but considered by the Contract ' Administrator to be essential to the satisfactory completion of the Contract within its intended scope, including unanticipated work required to comply with legislation and regulations that affect the Work. Final Acceptance Certificate means the certificate issued by the Contract Administrator at Final ' Acceptance of the Work. Final Detailed Statement means a complete evaluation prepared by the Contract Administrator showing ' the quantities, unit prices, and final dollar amounts of all items of work completed under the Contract, including variations in tender items and Extra Work, all as set out in the same general form as the monthly estimates. 1 Force Account has the same meaning as "Time and Material." Geotechnical Report means a report or other information identifying soil, rock, and ground water conditions in the area of any proposed Work. Grade means the required elevation of that part of the Work. Hand Tools means tools that are commonly called tools or implements of the trade and include small power tools. Highway means a common and public highway any part of that is intended for or used by the general 1 public for the passage of vehicles and includes the area between the lateral property lines thereof. Lot means a specific quantity of material or a specific amount of construction normally from a single source and produced by the same process. Page 8 Rev. Date: 11/2006 OPSS.MUNI 100 1 Lump Sum Item means a tender item indicating a portion of the Work for which payment will be made at a single tendered price. Payment is not based on a measured quantity, although a quantity may be given in the Contract Documents. Major Item means any tender item that has a value, calculated on the basis of its actual or estimated tender quantity, whichever is the larger, multiplied by its tender unit price, which is equal or greater than the lesser of, a) $100,000, or 1 b) 5% of the total tender value calculated on the basis of the total of all the estimated tender quantities and the tender unit prices. 1 Material means material, machinery, equipment and fixtures forming part of the Work. Owner means the party to the Contract for whom the Work is being performed, as identified in the Agreement, and includes, with the same meaning and import, "Authority." Pavement means a wearing course or courses placed on the Roadway and consisting of asphaltic concrete, hydraulic cement concrete, Portland cement concrete, or plant or road mixed mulch. ' Performance Bond means the type of security furnished to the Owner to guarantee completion of the Work in accordance with the Contract and to the extent provided in the bond. Plan Quantity means that quantity as computed from within the boundary lines of the Work as shown in the Contract Documents. ' Project means the construction of the Work as contemplated by this Contract. Quantity Sheet means a list of the quantities of Work to be done. ' Quarried Rock means material removed from an open excavation made in a solid mass of rock that, prior to removal, was integral with the parent mass. ' Quarry means a place where Aggregate has been or is being removed from an open excavation made in a solid mass of igneous, sedimentary, or metamorphic rock or any combination of these that, prior to removal, was integral with the parent areas. ' Rate of Interest means the rate of interest as determined under the Financial Administration Act by the Minister of Finance of Ontario and issued by, and available from, the Owner. Records mean any books, payrolls, accounts, or other information that relate to the Work or any Change in the Work or claims arising therefrom. Roadway means that part of the Highway designed or intended for use by vehicular traffic and includes ' 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. 1 Special Provisions mean directions containing requirements specific to the Work. Standard Drawing or Standard Specification means a standard practice required and stipulated by the 1 Owner for performance of the Work. 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 1 or regulated authority and includes services such as sanitary sewer, storm sewer, water, electric, gas, oil, steam, data transmission, telephone, and cable television. Warranty Period means the period of 12 months from the date of Substantial Performance or such longer period as may be specified in the Contract Documents for certain Materials or some or all of the Work. Where a date of Substantial Performance is not established, the Warranty Period shall commence on the date of Completion. Work means the total construction and related services required by the Contract Documents. Working Area means all the lands and easements owned or acquired by the Owner for the construction ' of the Work. Working Day means any Day, ' a) except Saturdays, Sundays and statutory holidays; b) except a Day as determined by the Contract Administrator, on which the Contractor is prevented by inclement weather or conditions resulting immediately therefrom, from proceeding with a Controlling Operation. For the purposes of this definition, this shall be a Day during which the Contractor cannot proceed with at least 60% of the normal labour and Equipment force effectively engaged on the Controlling Operation for at least 5 hours; c) except a Day on which the Contractor is prevented from proceeding with a Controlling Operation, as determined by the Contract Administrator by reason of, ' 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. Page 10 Rev. Date: 11/2006 OPSS.MUNI 100 Working Drawings or Working Plans m eans any Drawings or Plans prepared g g g y g p p red by the Contractor for the execution of the Work and may, without limiting the generality thereof, include formwork, falsework, and shoring plans; Roadway protection plans; shop drawings; shop plans; or erection diagrams. GC 1.05 Substantial Performance .01 The Work is substantially performed, a) when the Work to be performed under the Contract or a substantial part thereof is ready for use 1 or is being used for the purpose intended; and b) when the Work to be performed under the Contract is capable of completion or, where there is a known defect, the cost of correction, is not more than i. 3% of the first $500,000 of the Contract price, ii. 2% of the next $500,000 of the Contract price, and ' iii. 1% of the balance of the Contract price. .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, 1 a) 1% of the Contract price; or b) $1,000. GC 1.07 Final Acceptance .01 Final Acceptance shall be deemed to occur when the Contract Administrator is satisfied that, to the ' best of the Contract Administrator's knowledge at that time, the Contractor has rectified all imperfect work and has discharged all of the Contractor's obligations under the Contract. GC 1.08 Interpretation of Certain Words ' .01 The words "acceptable," "approval," "authorized," "considered necessary," "directed," "required," "satisfactory," or words of like import, shall mean approval of, directed, required, considered ' necessary, or authorized by and acceptable or satisfactory to the Contract Administrator, unless the context clearly indicates otherwise. Page 11 Rev. Date: 11/2006 OPSS.MUNI 100 1 SECTION GC 2.0 - CONTRACT DOCUMENTS 111 GC 2.01 Reliance on Contract Documents 1 .01 The Owner warrants that the information fumished in the Contract Documents can be relied upon with the following limitations or exceptions: I 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 1 ii. 0.3 m vertical .02 The Owner does not warrant or make any representation with respect to: 1 a) interpretations of data or opinions expressed in any Subsurface Report available for the perusal of the Contractor, whether or not such report is included as part of the Contract Documents, and b) other information specifically excluded from this warranty. GC 2.02 Order of Precedence 1 .01 In the event of any inconsistency or conflict in the contents of the following documents, such documents shall take precedence and govern in the following descending order: a) Agreement b) Addenda c) Special Provisions d) Contract Drawings 1 e) Standard Specifications f) Standard Drawings 1 g) Instructions to Tenderers h) Tender 1 i) Supplemental General Conditions j) General Conditions 1 k) Working Drawings Later dates shall govern within each of the above categories of documents. .02 In the event of any conflict among or inconsistency in the information shown on Drawings, the following rules shall apply: a) Dimensions shown in figures on a Drawing shall govern where they differ from dimensions scaled from the same drawing; 1 b) Drawings of larger scale shall govern over those of smaller scale; 1 Page 12 Rev. Date: 11/2006 OPSS.MUNI 100 c) Detailed Drawings shall govern over general Drawings; and ' d) Drawings of a later date shall govern over those of an earlier date in the same series. .03 In the event of any inconsistency or conflict in the contents of Standard Specifications the following ' descending order of precedence shall govern: a) Owner's Standard Specifications ' b) Ontario Provincial Standard Specifications c) Other Standard Specifications, such as those produced by CSA, CGSB, ASTM, and ANSI and referenced in the Ontario Provincial Standard Specifications .04 The Contract Documents are complementary, and what is required by any one shall be as binding as if required by all. 1 1 Page 13 Rev. Date: 11/2006 OPSS.MUNI 100 SECTION GC 3.0 - ADMINISTRATION OF THE CONTRACT GC 3.01 Contract Administrator's Authority 1 .01 The Contract Administrator shall be the Owner's representative during construction and until the issuance of the Completion Certificate or the issuance of the Final Acceptance Certificate, whichever is later. All instructions to the Contractor, including instructions from the Owner, shall be issued by the Contract Administrator. The Contract Administrator shall have the authority to act on behalf of the Owner only to the extent provided in the Contract Documents. .02 All claims, disputes and other matters in question relating to the performance and the quality of the Work or the interpretation of the Contract Documents shall be referred to the Contract Administrator in writing by the Contractor. .03 The Contract Administrator may inspect the Work for its conformity with the Plans and Standard Specifications, and to record the necessary data to establish payment quantities under the schedule of tender quantities and unit prices or to make an assessment of the value of the work completed in the case of a lump sum price Contract. .04 The Contract Administrator shall determine the amounts owing to the Contractor under the Contract and shall issue certificates for payment in such amounts as provided for in Section GC 8.0, Measurement and Payment. .05 The Contract Administrator shall, with reasonable promptness, review and take appropriate action upon the Contractor's submissions such as shop drawings, product data, and samples in accordance with the Contract Documents. .06 The Contract Administrator shall investigate all allegations of a Change in the Work made by the Contractor and issue appropriate instructions. .07 The Contract Administrator shall prepare Change Directives and Change Orders for the Owner's approval. 1 .08 Upon written application by the Contractor, the Contract Administrator and the Contractor shall jointly conduct an inspection of the Work to establish the date of Substantial Performance of the Work or the date of Completion of the Work or both. .09 The Contract Administrator shall be, in the first instance, the interpreter of the Contract Documents and the judge of the performance thereunder by both parties to the Contract. Interpretations and decisions of the Contract Administrator shall be consistent with the intent of the Contract Documents and, in making these decisions, the Contract Administrator shall not show partiality to either party. .10 The Contract Administrator shall have the authority to reject part of the Work or Material that does 1 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 .13 If, in the opinion of the Contract Administrator, it is not expedient p pe ent to correct defective work or work not performed in accordance with the Contract Documents, the Owner may deduct from monies I otherwise due to the Contractor the difference in value between the work as performed and that called for by the Contract Documents, the amount that will be determined in the first instance by the Contract Administrator. I .14 Notwithstanding any inspections made by the Contract Administrator or the issuance of any certificates or the making of any payment by the Owner, the failure of the Contract Administrator to reject any defective work or Material shall not constitute acceptance of defective work or Material. I .15 The Contract Administrator shall have the authority to temporarily suspend the Work for such reasonable time as may be necessary: 1 a) to facilitate the checking of any portion of the Contractor's construction layout; b) to facilitate the inspection of any portion of the Work; or I c) for the Contractor to remedy non - compliance in the case of such non - compliance with the provisions of the Contract by the Contractor. I The Contractor shall not be entitled to any compensation for suspension of the Work in these circumstances. .16 The Owner has the right to terminate the Contract for wilful or persistent violation by the Contractor I or its workers of the Occupational Health and Safety Act legislation and regulations, Workplace Safety and Insurance Board Act, and Regulation 309 of the Environmental Protection Act. I .17 If the Contract Administrator determines that any worker employed on the Work is incompetent, as defined by the Occupational Health and Safety Act, or is disorderly, then the Contract Administrator shall provide written notice to the Contractor and the Contractor shall immediately remove the worker from the Working Area. Such worker shall not return to the Working Area without the prior I written consent of the Contract Administrator. I I GC 3.02 Working Drawings .01 The Contractor shall arrange for the preparation of clearly identified and dated Working Drawings as called for by the Contract Documents. I .02 The Contractor shall submit Working Drawings to the Contract Administrator with reasonable promptness and in orderly sequence so as to not cause delay in the Work. If either the Contractor or the Contract Administrator so requests, they shall jointly prepare a schedule fixing the dates for I submission and return of Working Drawings. Working Drawings shall be submitted in printed form. At the time of submission the Contractor shall notify the Contract Administrator in writing of any deviations from the Contract requirements that exist in the Working Drawings. I .03 The Contract Administrator shall review and return Working Drawings in accordance with an agreed upon schedule, or otherwise, with reasonable promptness so as not to cause delay. I .04 The Contract Administrator's review shall be to check for conformity to the design concept and for general arrangement only and such review shall not relieve the Contractor of responsibility for errors or omissions in the Working Drawings or of responsibility for meeting all requirements of the Contract Documents, unless a deviation on the Working Drawings has been approved in writing by I the Contract Administrator. 1 1 Page 15 Rev. Date: 11/2006 OPSS.MUNI 100 1 .05 The Contractor shall make any changes in Working Drawings that the Contract Administrator may require to make the Working Drawings consistent with the Contract Documents and resubmit, unless otherwise directed by the Contract Administrator. When resubmitting, the Contractor shall notify the Contract Administrator in writing of any revisions other than those requested by the Contract Administrator. .06 Work related to the Working Drawings shall not proceed until the Working Drawings have been signed and dated by the Contract Administrator and marked with the words "Reviewed. Permission to construct granted." .07 The Contractor shall keep one set of the reviewed Working Drawings, marked as above, at the site at all times. GC 3.03 Right of the Contract Administrator to Modify Methods and Equipment , .01 The Contractor shall, when requested in writing, make alterations in the method, Equipment, or work force at any time the Contract Administrator considers the Contractor's actions to be unsafe, or damaging to either the Work or existing facilities or the environment. .02 The Contractor shall, when requested in writing, alter the sequence of its operations on the Contract so as to avoid interference with work being performed by others. 1 .03 Notwithstanding the foregoing, the Contractor shall ensure that all necessary safety precautions and protection are maintained throughout the Work. GC 3.04 Emergency Situations .01 The Contract Administrator has the right to determine the existence of an emergency situation and, when such an emergency situation is deemed to exist, the Contract Administrator may instruct the Contractor to take action to remedy the situation. If the Contractor does not take timely action or, if the Contractor is not available, the Contract Administrator may direct others to remedy the situation. .02 If the emergency situation was the fault of the Contractor, the remedial work shall be done at the 1 Contractor's expense. If the emergency situation was not the fault of the Contractor, the Owner shall pay for the remedial work. GC 3.05 Layout .01 The Contract Administrator shall provide baseline and benchmark information for the general location, alignment, and elevation of the Work. The Owner shall be responsible only for the correctness of the information provided by the Contract Administrator. GC 3.06 Extension of Contract Time 1 .01 An application for an extension of Contract Time shall be made in writing by the Contractor to the Contract Administrator as soon as the need for such extension becomes evident and at least 15 Days prior to the expiration of the Contract Time. The application for an extension of Contract Time shall enumerate the reasons, and state the length of extension required. .02 Circumstances suitable for consideration of an extension of Contract Time include the following: a) Delays, subsection GC 3.07. b) Changes in the Work, clause GC 3.10.01. 1 c) Extra Work, clause GC 3.10.02. 1 Page 16 Rev. Date: 11/2006 OPSS.MUNI 100 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, a) war, blockades, and civil commotions, errors in the Contract Documents; ' b) an act or omission of the Owner or Contract Administrator, or anyone employed or engaged by them directly or indirectly, contrary to the provisions of the Contract Documents; t c) a stop work order issued by a court or public authority, provided that such order was not issued as the result of an act or omission of the Contractor or anyone employed or engaged by the Contractor directly or indirectly; 1 d) the Contract Administrator giving notice under subsection GC 7.10, Suspension of Work; e) abnormal inclement weather; or 1 f) archaeological finds in accordance with subsection GC 3.15, Archaeological Finds, ' 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 Tess than the time lost as the result of the event causing the delay, unless a shorter extension is agreed to by the Contractor. The Contractor shall not be entitled to payment for costs incurred as the result of such delays unless such delays are the result of actions by the Owner. ' .03 The Contractor shall not be entitled to payment for the cost of delays incurred as a result of a dispute between the Contractor and Owner. The Contractor shall execute the Work and may pursue resolution of the dispute in accordance with subsection GC 3.13, Claims, Negotiations, Mediations. GC 3.08 Assignment of Contract .01 The Contractor shall not assign the Contract, either in whole or in part, without the prior written ' consent of the Owner. 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 1 limitations specified in the Contract Documents. .02 The Contractor shall notify the Contract Administrator 10 Days prior to the start of construction, in writing, of the intention to subcontract. Such notification shall identify the part of the Work, and the Subcontractor with whom it is intended. .03 The Contract Administrator shall, within 5 Days of receipt of such notification, accept or reject the 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 1 been engaged in accordance with this subsection. .05 The Contractor shall preserve and protect the rights of the parties under the Contract with respect to that part of the Work to be performed under subcontract and shall, a) enter into agreements with the intended Subcontractors to require them to perform their work in accordance with the Contract Documents; and b) be as fully responsible to the Owner for acts and omissions of the Contractor's Subcontractors and of persons directly or indirectly employed by them as for acts and omissions of persons directly employed by the Contractor. .06 The Owner's consent to subcontracting by the Contractor shall not be construed to relieve the Contractor from any obligation under the Contract and shall not impose any liability upon the Owner. Nothing contained in the Contract Documents shall create a contractual relationship between a Subcontractor and the Owner. GC 3.10 Changes 1 GC 3.10.01 Changes in the Work .01 The Owner, or the Contract Administrator where so authorized, may, by order in writing, make a Change in the Work without invalidating the Contract. The Contractor shall not be required to proceed with a Change in the Work until in receipt of a Change Order or Change Directive. Upon the receipt of such Change Order or Change Directive the Contractor shall proceed with the Change in the Work. .02 The Contractor may apply for an extension of Contract Time according to the terms of subsection GC 3.06, Extension of Contract Time. .03 If the Change in the Work relates solely to quantities, payment for that part of the Work shall be made according to the conditions specified in clause GC 8.01.02, Variations in Tender Quantities. If the Change in the Work does not solely relate to quantities, then either the Owner or the Contractor may initiate negotiations upwards or downwards for the adjustment of the Contract price in respect of the Change in the Work pursuant to subsection GC 3.13, Claims, Negotiations, Mediation or payment may be made according to the conditions contained in clause GC 8.02.04, Payment on a Time and Material Basis. 1 1 Page 18 Rev. Date: 11/2006 OPSS.MUNI 100 1 1 GC 3.10.02 Extra Work I .01 The Owner, or Contract Administrator where so authorized, may instruct the Contractor to perform Extra Work without invalidating the Contract. The Contractor shall not be required to proceed with the Extra Work until in receipt of a Change Order or Change Directive. Upon receipt of such Change 1 Order or Change Directive the Contractor shall proceed with the Extra Work. .02 The Contractor may apply for an extension of Contract Time according to the terms of subsection GC 3.06, Extension of Contract Time. I .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 1 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 1 .01 The Owner, or Contract Administrator where so authorized, may request the Contractor to perform Additional Work without invalidating the Contract. If the Contractor agrees to perform Additional Work, the Contractor shall proceed with such Additional Work upon receipt of a Change Order. I .02 The Contractor may apply for an extension of Contract Time according to the terms of subsection GC 3.06, Extension of Contract Time. J .03 Payment for the Additional Work may be negotiated pursuant to subsection GC 3.13, Claims, Negotiations, Mediation, or payment may be made according to the conditions contained in clause GC 8.02.04, Payment on a Time and Material Basis. 1 GC 3.11 Notices .01 Any notice permitted or required to be given to the Contract Administrator or the Superintendent in I 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. 1 .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. 1 .03 In the event of an emergency situation or other urgent matter the Contract Administrator or the Superintendent may give a verbal notice, provided that such notice is confirmed in writing within 1 2 Days. .04 Any notice permitted or required to be given to the Owner or the Contractor shall be given in accordance with the notice provision of the Contract. 1 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 I the Work or any part thereof prior to Substantial Performance, provided that at least 30 Days written notice has been given to the Contractor. I .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 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 I Owner's right to charge the Contractor liquidated damages in accordance with the terms of the Contract. GC 3.13 Claims, Negotiations, Mediation 1 GC 3.13.01 Continuance of the Work .01 Unless the Contract has been terminated or completed, the Contractor shall in every case, after I serving or receiving any notification of a claim or dispute, verbal or written, continue to proceed with the Work with due diligence and expedition. It is understood by the parties that such action shall not jeopardize any claim it may have. GC 3.13.02 Record Keeping .01 Immediately upon commencing work that may result in a claim, the Contractor shall keep Daily Work I 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 I 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 III Work Records with those of the Contractor shall not be construed to be acceptance of the claim. GC 3.13.03 Claims Procedure .01 The Contractor shall give verbal notice of any situation that may lead to a claim for additional 1 payment immediately upon becoming aware of the situation. .02 The Contractor shall provide written notice in the standard form "Notice of Intent to Claim" within 7 Days of the commencement of any part of the Work that may be affected by the situation. .03 The Contractor shall submit detailed claims as soon as reasonably possible and in any event no later than 30 Days after completion of the work affected by the situation. The detailed claim shall: a) identify the item or items in respect of which the claim arises; I b) state the grounds, contractual or otherwise, upon which the claim is made; and c) include the Records maintained by the Contractor supporting such claim. In exceptional cases, the 30 Days may be increased to a maximum of 90 Days with approval in writing from the Contract Administrator. .04 Within 30 Days of the receipt of the Contractor's detailed claim, the Contract Administrator may 1 request the Contractor to submit any further and other particulars as the Contract Administrator considers necessary to assess the claim. The Contractor shall submit the requested information I within 30 Days of receipt of such request. 1 Page 20 Rev. Date: 11/2006 OPSS.MUNI 100 1 1 1 .05 Within 90 Days of receipt of the detailed claim, the Contract Administrator shall advise the Contractor, in writing, of the Contract Administrator's opinion with regard to the validity of the claim. GC 3.13.04 Negotiations .01 The parties shall make all reasonable efforts to resolve their dispute by amicable negotiations and agree to provide, without prejudice, open and timely disclosure of relevant facts, information, and documents to facilitate these negotiations. ' .02 Should the Contractor disagree with the opinion given in paragraph GC 3.13.03.05, with respect to any part of the claim, the Contract Administrator shall enter into negotiations with the Contractor to resolve the matters in dispute. Where a negotiated settlement cannot be reached and it is agreed that payment cannot be made on a Time and Material basis in accordance with clause GC 8.02.04, Payment on a Time and Material Basis, the parties shall proceed in accordance with clause GC 3.13.05, Mediation, or subsection GC 3.14, Arbitration. GC 3.13.05 Mediation .01 If a claim is not resolved satisfactorily through the negotiation stage noted in clause GC 3.13.04, Negotiations, within a period of 30 Days following the opinion given in paragraph GC 3.13.03.05, and the Contractor wishes to pursue the issue further, the parties may, upon mutual agreement, utilize the services of an independent third party mediator. 1 .02 The mediator shall be mutually agreed upon by the Owner and Contractor. .03 The mediator shall be knowledgeable regarding the area of the disputed issue. The mediator shall meet with the parties together or separately, as necessary, to review all aspects of the issue. In a final attempt to assist the parties in resolving the issue themselves prior to proceeding to arbitration the mediator shall provide, without prejudice, a non - binding recommendation for settlement. .04 The review by the mediator shall be completed within 90 Days following the opinion given in paragraph GC 3.13.03.05. .05 Each party is responsible for its own costs related to the use of the third party mediator process. The cost of the third party mediator shall be equally shared by the Owner and Contractor. GC 3.13.06 Payment .01 Payment of the claim shall be made no later than 30 Days after the date of resolution of the claim or dispute. Such payment shall be made according to the terms of Section GC 8.0, Measurement and Payment. 1 GC 3.13.07 Rights of Both Parties .01 It is agreed that no action taken under subsection GC 3.13, Claims, Negotiations, Mediation, by either party shall be construed as a renunciation or waiver of any of the rights or recourse available to the parties, provided that the requirements set out in this subsection are fulfilled. GC 3.14 Arbitration 1 GC 3.14.01 Conditions of Arbitration .01 If a claim is not resolved satisfactorily through the negotiation stage noted in clause GC 3.13.04, Negotiations, or the mediation stage noted in clause GC 3.13.05, Mediation, either party may invoke the provisions of subsection GC 3.14, Arbitration, by giving written notice to the other party. 1 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. .03 The parties shall be bound by the decision of the arbitrator. 1 .04 The rules and procedures of the Arbitration Act, 1991, S.O. 1991, c.17, as amended, shall apply to any arbitration conducted hereunder except to the extent that they are modified by the express provisions of 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 1 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. 1 GC 3.14.03 Appointment of Arbitrator .01 The arbitrator shall be mutually agreed upon by the Owner and Contractor to adjudicate the dispute. 1 .02 Where the Owner and Contractor cannot agree on a sole arbitrator within 30 Days of the notification of arbitration noted in paragraph GC 3.14.01.02, the Owner and the Contractor shall each choose an appointee within 37 Days of the notice of arbitration. .03 The appointees shall mutually agree upon an arbitrator to adjudicate the dispute within 15 Days after the last appointee was chosen or they shall refer the matter to the Arbitration and Mediation Institute of Ontario Inc., which may select an arbitrator to adjudicate the dispute within 7 Days of being requested to do so. .04 The arbitrator shall not be interested financially in the Contract nor in either party's business and shall not be employed by either party. .05 The arbitrator may appoint independent experts and any other persons to assist him or her. .06 The arbitrator is not bound by the rules of evidence that govern the trial of cases in court but may hear and consider any evidence that the arbitrator considers relevant. .07 The hearing shall commence within 90 Days of the appointment of the arbitrator. 1 GC 3.14.04 Costs .01 The arbitrator's fee shall be equally shared by the Owner and the Contractor. .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 1 .03 The arbitration hearing shall be held in a place mutually agreed upon by both parties or in the event ' the parties do not agree, a site shall be chosen by the arbitrator. The cost of obtaining appropriate facilities shall be shared equally by the Owner and the Contractor. .04 The arbitrator may, in his or her discretion, award reasonable costs, related to the arbitration. 1 GC 3.14.05 The Decision .01 The reasoned decision shall be made in writing within 90 Days of the conclusion of the hearing. An extension of time to make a decision may be granted with consent of both parties. Payment shall be made in accordance with clause GC 3.13.06, Payment. GC 3.15 Archaeological Finds .01 If the Contractor's operations expose any items that may indicate an archaeological find, such as building remains, hardware, accumulations of bones, pottery, or arrowheads, the Contractor shall immediately notify the Contract Administrator and suspend operations within the area identified by the Contract Administrator. Notification may be verbal provided that such notice is confirmed in writing within 2 Days. Work shall remain suspended within that area until otherwise directed by the Contract Administrator in writing, in accordance with subsection GC 7.10, Suspension of Work. .02 Any delay in the completion of the Contract that is caused by such a suspension of Work shall be considered to be beyond the Contractor's control in accordance with paragraph GC 3.07.01. .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 GC 4.01 Working Area 1 .01 The Owner shall acquire all property rights that are deemed necessary by the Owner for the construction of the Work, including temporary working easements, and shall indicate the full extent of the Working Area on the Contract Drawings. .02 The Geotechnical Report and Subsurface Report that may be provided by the Owner as part of the tender documents shall form part of the Contract Drawings. 1 GC 4.02 Approvals and Permits .01 The Owner shall pay for all plumbing and building permits. 1 .02 The Owner shall obtain and pay for all permits, licences, and certificates solely required for the design of the Work. 1 GC 4.03 Management and Disposition of Materials .01 The Owner shall identify in the Contract Documents the materials to be moved within or removed from the Working Area and any characteristics of those materials that necessitates special materials management and disposition. .02 In accordance with regulations under the Occupational Health and Safety Act, R.S.O. 1990, c.O.1, 1 as amended, the Owner advises that, a) the designated substances silica, lead, and arsenic are generally present throughout the Working Area occurring naturally or as a result of vehicle emissions; b) the designated substance asbestos may be present in cement products, asphalt, and conduits for Utilities; 1 c) the following hazardous materials are ordinarily present in construction activities: limestone, gypsum, marble, mica, and Portland cement; and d) exposure to these substances may occur as a result of activities by the Contractor such as sweeping, grinding, crushing, drilling, blasting, cutting, and abrasive blasting. .03 The Owner shall identify in the Contract Documents any designated substances or hazardous 1 materials other than those identified above and their location in the Working Area. .04 If the Owner or Contractor discovers or is advised of the presence of designated substances or hazardous materials that are in addition to those listed in paragraph GC 4.03.02, or not clearly identified in the Contract Documents according to paragraph GC 4.03.03, then verbal notice shall be provided to the other party immediately with written confirmation within 2 Days. The Contractor shall stop work in the area immediately and shall determine the necessary steps required to complete the work in accordance with applicable legislation and regulation. .05 The Owner shall be responsible for any reasonable additional costs of removing, managing and disposing of any material not identified in the Contract Documents, or where conditions exist that could not have been reasonably foreseen at the time of tendering. All work under this paragraph shall be deemed to be Extra Work. 1 Page 24 Rev. Date: 11/2006 OPSS.MUNI 100 1 1 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 1 provide relevant Material Safety Data Sheets. GC 4.04 Construction Affecting Railway Property 1 .01 The Owner shall pay the costs of all flagging and other traffic control measures required and provided by the railway company unless such costs are solely a function of the Contractor's chosen method of completing the Work. .02 Every precaution shall be taken by the Contractor to protect all railway property at track crossings; or otherwise, on which construction operations are to take place in accordance with the terms of this Contract. .03 The Contractor shall be required to conduct the construction operations in such a manner as to avoid a possibility of damaging any railway property in the vicinity of the works. Every reasonable precaution shall be taken by the Contractor to ensure the safety of the workers, Subcontractors, and 1 Equipment, as well as railway property throughout the duration of the Contract. GC 4.05 Default by the Contractor .01 If the Contractor fails to commence the Work within 14 Days of a formal order to commence work signed by the Contract Administrator or, upon commencement of the Work, should neglect to prosecute the Work properly or otherwise fails to comply with the requirements of the Contract and, ' if the Contract Administrator has given a written statement to the Owner and Contractor that sufficient cause exists to justify such action, the Owner may, without prejudice to any other right or remedy the Owner may have, notify the Contractor in writing that the Contractor is in default of the Contractor's contractual obligations and instruct the Contractor to correct the default in the 5 Working Days immediately following the receipt of such notice. .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. 1 GC 4.06 Contractor's Right to Correct a Default .01 The Contractor shall have the right within the 5 full Working Days following the receipt of a notice of 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; 1 b) provides the Owner with an acceptable schedule for the progress of such correction; and c) completes the correction in accordance with such schedule. 1 Page 25 Rev. Date: 11/2006 OPSS.MUNI 100 r 1 GC 4.07 Owner's Right to Correct Default .01 If the Contractor fails to correct the default within the time specified in subsection GC 4.06, Contractor's Right to Correct a Default, or subsequently agreed upon, the Owner, without prejudice to any other right or remedy the Owner may have, may correct such default and deduct the cost thereof, as certified by the Contract Administrator, from any payment then or thereafter due to the Contractor. GC 4.08 Termination of Contractor's Right to Continue the Work .01 Where the Contractor fails to correct a default within the time specified in subsection GC 4.06, Contractor's Right to Correct a Default, or subsequently agreed upon, the Owner, without prejudice to any other right or remedy the Owner may have, may terminate the Contractor's right to continue the Work in whole or in part by giving written notice to the Contractor. .02 If the Owner terminates the Contractor's right to continue with the Work in whole or in part, the Owner shall be entitled to, 1 a) take possession of the Working Area or that portion of the Working Area devoted to that part of the Work terminated; b) use the Equipment of the Contractor and any Material within the Working Area that is intended to be incorporated into the Work, the whole subject to the right of third parties; c) withhold further payments to the Contractor with respect to the Work or the portion of the Work 1 withdrawn from the Contractor until the Work or portion thereof withdrawn is completed; d) charge the Contractor the additional cost over the Contract price of completing the Work or portion thereof withdrawn from the Contractor, as certified by the Contract Administrator and any additional compensation paid to the Contract administrator for such additional service arising from the correction of the default; e) charge the Contractor a reasonable allowance, as determined by the Contract Administrator, to cover correction to the Work performed by the Contractor that may be required under subsection GC 7.16, Warranty; f) charge the Contractor for any damages the Owner sustained as a result of the default; and g) charge the Contractor the amount by which the cost of corrections to the Work under subsection GC 7.16, Warranty, exceeds the allowance provided for such corrections. GC 4.09 Final Payment to Contractor .01 If the Owner's cost to correct and complete the Work in whole or in part is less than the amount withheld from the Contractor under subsection GC 4.08, Termination of Contractor's Right to Continue the Work, the Owner shall pay the balance to the Contractor as soon as the final accounting for the Contract is complete. GC 4.10 Termination of the Contract .01 Where the Contractor is in default of the Contract the Owner may, without prejudice to any other 1 right or remedy the Owner may have, terminate the Contract by giving written notice of termination to the Contractor, the Surety, and any trustee or receiver acting on behalf of the Contractor's estate or creditors. 1 1 Page 26 Rev. Date: 11/2006 OPSS.MUNI 100 1 1 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 4.1 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 1 .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 1 .01 All Material necessary for the proper completion of the Work, except that listed as being supplied by the Owner, shall be supplied by the Contractor. The Contract price for the appropriate tender items shall be deemed to include full compensation for the supply of such Material. GC 5.02 Quality of Material .01 All Material supplied by the Contractor shall be new, unless otherwise specified in the Contract Documents. .02 Material supplied by the Contractor shall conform to the requirements of the Contract. 1 .03 As specified in the Contract Documents or as requested by the Contract Administrator, the Contractor shall make available, for inspection or testing, a sample of any Material to be supplied by the Contractor. .04 The Contractor shall obtain for the Contract Administrator the right to enter onto the premises of the Material manufacturer or supplier to carry out such inspection, sampling, and testing as specified in the Contract Documents or as requested by the Contract Administrator. .05 The Contractor shall notify the Contract Administrator of the sources of supply sufficiently in advance of the Material shipping dates to enable the Contract Administrator to perform the required inspection, sampling, and testing. .06 The Owner shall not be responsible for any delays to the Contractor's operations where the Contractor fails to give sufficient advance notice to the Contract Administrator to enable the Contract Administrator to carry out the required inspection, sampling, and testing before the scheduled shipping date. .07 The Contractor shall not change the source of supply of any Material without the written authorization of the Contract Administrator. .08 Material that is not specified shall be of a quality best suited to the purpose required, and the use of 1 such Material shall be subject to the approval of the Contract Administrator. .09 All Material inspection, sampling, and testing shall be carried out on random basis in accordance with the standard inspection or testing methods required for the Material. Any approval given by the Contract Administrator for the Materials to be used in the Work based upon the random method shall not relieve the Contractor from the responsibility of incorporating Material that conforms to the Contract Documents into the Work or properly performing the Contract and of any liability arising from the failure to properly perform as specified in the Contract Documents. GC 5.03 Rejected Material .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 1 the Tender, the Contractor may apply to the Contract Administrator to substitute another Material identified by a different trade or other name for the Material designated as aforesaid. The application shall be in writing and shall state the price for the proposed substitute Material ' designated as aforesaid, and such other information as the Contract Administrator may require. .02 Rulings on a proposed substitution shall not be made prior to the acceptance of the Tender. Substitutions shall not be made without the prior approval of the Contract Administrator. The approval or rejection of a proposed substitution shall be at the discretion of the Contract Administrator. .03 If the proposed substitution is approved by the Contract Administrator, the Contractor shall be entitled to the first $1,000 of the aggregate saving in cost by reason of such substitution and to 50% of any additional saving in cost in excess of such $1,000. Each such approval shall be conveyed to the Contractor in writing or by issuance of a Certificate of Equality on the Owner's standard form of 1 "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 1 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 1 excess of the amount specified to complete the Work, such excess Material shall become the property of the Contractor on completion of the Work and shall be charged to the Contractor at cost plus applicable overheads. 1 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 I such Material shall promptly place it in storage, except where it is to be incorporated forthwith into the Work. .02 The Contractor shall be responsible for acceptance of Material supplied by the Owner, at the specified delivery point and for its safe handling and storage. If such Material is damaged while under the control of the Contractor, it shall be replaced or repaired by the Contractor at no expense to the Owner, and to the satisfaction of the Contract Administrator. If such Material is rejected by the Contract Administrator for reasons that are not the fault of the Contractor, it shall remain in the care and at the risk of the Contractor until its disposition has been determined by the Contract Administrator. .03 Where Material supplied by the Owner arrives at the delivery point in a damaged condition or where there are discrepancies between the quantities received and the quantities shown on the bills of lading, the Contractor shall immediately report such damage or discrepancies to the Contract Administrator who shall arrange for an immediate inspection of the shipment and provide the Contractor with a written release from responsibility for such damage or deficiencies. Where damage or deficiencies are not so reported, it shall be assumed that the shipment arrived in good condition and order, and any damage or deficiencies reported thereafter shall be made good by the Contractor at no extra cost to the Owner. Page 29 Rev. Date: 11/2006 OPSS.MUNI 100 1 1 .04 The full amount of Material supplied by the Owner in each shipment shall be accounted for by the Contractor and such Material shall be at the risk of the Contractor after taking delivery. Such Material shall not, except with the written permission of the Contract Administrator, be used by the Contractor for purposes other than the performance of the Work under the Contract. .05 Empty reels, crates, containers, and other type of packaging from Material supplied by the Owner shall become the property of the Contractor when they are no longer required for their original purpose and shall be disposed of by the Contractor, unless otherwise specified in the Contract Documents. .06 Immediately upon receipt of each shipment, the Contractor shall provide the Contract Administrator copies of bills of lading, or such other documentation the Contract Administrator may require to substantiate and reconcile the quantities of Material received. .07 Where Material supplied by the Owner is ordered and stockpiled prior to the award of the Contract, the Contractor shall, at no extra cost to the Owner, immediately upon commencement of operations, check the Material, report any damage or deficiencies to the Contract Administrator and take charge of the Material at the stockpile site. Where damage or deficiencies are not so recorded by the Contractor, it shall be assumed that the stockpile was in good condition and order when the Contractor took charge of it, and any damage or deficiencies reported thereafter shall be made good by the Contractor at no extra cost to the Owner. 1 1 1 1 1 1 1 1 1 1 Page 30 Rev. Date: 11/2006 OPSS.MUNI 100 1 1 1 ' SECTION GC 6.0 - INSURANCE, PROTECTION AND DAMAGE GC 6.01 Protection of Work, Persons and Property I .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. I .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 I performance of the Contract. If the Contractor is not responsible for the damage that occurs to the Work or property, the Contractor shall restore such damage, and such work and payment shall be administered according to these General Conditions. I .03 The Contractor shall immediately inform the Contract Administrator of all damage and injuries that occur during the term of the Contract. The Contractor shall then investigate and report back to the Contract Administrator within 15 Days of occurrence of incident, or as soon as possible. 1 .04 The Contractor shall not be responsible for loss and damage that occurs as a result of, a) war; 1 b) blockades and civil commotions; c) errors in the Contract Documents; or 1 d) acts or omissions of the Owner, the Contract Administrator, their agents and employees, or others not under the control of the Contractor, but within the Working Area with the Owner's I permission. .05 The Contractor and the Contractor's Surety shall not be released from any term or provision of any responsibility, obligation, or liability under the Contract or waive or impair any of the rights of the 1 Owner, except by a release duly executed by the Owner. GC 6.02 Indemnification I .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 ", I directly or indirectly arising or alleged to arise out of the performance of or the failure to perform the Work, provided such claims are, a) attributable to bodily injury, sickness, disease, or death or to damage to or destruction of tangible 1 property; b) caused by negligent acts or omissions of the Contractor or anyone for whose acts the Contractor may be liable; and I c) made in writing within a period of 6 years from the date of Substantial Performance of the Work as set out in the Certificate of Substantial Performance of the Work or, where so specified in the 1 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, royalties or fees for the infringement of any patented invention or copyright occasioned by the Contractor in connection with the Work performed or Material furnished by the Contractor under the Contract. .03 The Owner expressly waives the right to indemnity for claims other than those stated in paragraphs GC 6.02.01 and GC 6.02.02. .04 The Owner shall indemnify and hold harmless the Contractor, their elected officials, agents, officers, and employees from and against all claims, demands, losses, expenses, costs, damages, actions, suits, or proceedings arising out of the Contractor's performance of the Contract that are attributable to a lack of or defect in title or an alleged lack of or defect in title to the Working Area. .05 The Contractor expressly waives the right to indemnity for claims other than those stated in 1 paragraph GC 6.02.04. GC 6.03 Contractor's Insurance ' GC 6.03.01 General .01 Without restricting the generality of subsection GC 6.02, Indemnification, the Contractor shall provide, maintain, and pay for the insurance coverages listed under clauses GC 6.03.02 and GC 6.03.03. Insurance coverage in clauses GC 6.03.04, GC 6.03.05, and GC 6.03.06 shall only apply when so specified in the Contract Documents. .02 The Contractor shall provide the Contract Administrator with an original Certificate of Insurance for each type of insurance coverage that is required by the Contract Documents. The Contractor shall ensure that the Contract Administrator is, at all times in receipt of a valid Certificate of Insurance for each type of insurance coverage, in such amounts as specified in the Contract Documents. The Contractor will not be permitted to commence work until the Contract Administrator is in receipt of such proof of insurance. The Contract Administrator may withhold payments of monies due to the Contractor until the Contractor has provided the Contract Administrator with original valid Certificates of Insurance as required by the provisions of the Contract Documents. GC 6.03.02 General Liability Insurance ' .01 General liability insurance shall be in the name of the Contractor, with the Owner and the Contract Administrator named as additional insureds, with limits of not less than five million dollars inclusive per occurrence for bodily injury, death, and damage to property including loss of use thereof, with a property damage deductible of not more than $5,000. The form of this insurance shall be the Insurance Bureau of Canada Form IBC 2100. .02 Another form of insurance equal to or better than that required in IBC Form 2100 may be used, provided all the requirements listed in the Contract are included. Approval of this insurance shall be conditional upon the Contractor obtaining the services of an insurer licensed to underwrite insurance in the Province of Ontario and obtaining the insurer's certificate of equivalency to the required insurance. .03 The Contractor shall maintain in force such policies of insurance specified by the Contract Documents at all times from the commencement of the Work until the end of any Warranty Period or as otherwise required by the Contract Documents. .04 The Contractor shall submit annually to the Owner, proof of continuation of the completed operations coverage and, if the Contractor fails to do so, the limitation period for claiming indemnity described in paragraph GC 6.02.01 c), shall not be binding on the Owner. 1 Page 32 Rev. Date: 11/2006 OPSS.MUNI 100 1 1 .05 Should the Contractor decide not to employ Subcontractors for operations requiring the use of explosives for blasting, pile driving or caisson work, removal or weakening of support of property building or land, IBC Form 2100 as required shall include the appropriate endorsements. .06 The policies shall be endorsed to provide the Owner with not Tess than 30 Days written notice in 1 advance of cancellation, change or amendment restricting coverage. .07 "Claims Made" insurance policies shall not be permitted. GC 6.03.03 Automobile Liability Insurance .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 1 b) standard owner's form automobile policy providing third party liability and accident benefits insurance and covering licensed vehicles owned or operated by the Contractor. GC 6.03.04 Aircraft and Watercraft Liability Insurance j GC 6.03.04.01 Aircraft Liability Insurance .01 Aircraft liability insurance with respect to owned or non -owned aircraft used directly or indirectly in the performance of the Work, including use of additional premises, shall be subject to limits of not less than five million dollars inclusive per occurrence for bodily injury, death, and damage to property including loss of use thereof, and limits of not less than five million dollars for aircraft passenger ' hazard. Such insurance shall be in a form acceptable to the Owner. The policies shall be endorsed to provide the Owner with not less than 30 Days written notice in advance of cancellation, change, or amendment restricting coverage. ' 6.03.04.02 Watercraft Liability Insurance .01 Watercraft liability insurance with respect to owned or non -owned watercraft used directly or indirectly in the performance of the Work, including use of additional premises, shall be subject to ' limits of not less than five million dollars inclusive per occurrence for bodily injury, death, and damage to property including loss of use thereof. Such insurance shall be in a form acceptable to the Owner. The policies shall be endorsed to provide the Owner with not less than 30 Days written notice in advance of cancellation, change, or amendment restricting coverage. GC 6.03.05 Property and Boiler Insurance GC 6.03.05.01 Property Insurance .01 All risks property insurance shall be in the name of the Contractor, with the Owner and the Contract Administrator named as additional insureds, insuring not less than the sum of the amount of the ' Contract price and the full value, as may be stated in the Contract Documents, of Material that is specified to be provided by the Owner for incorporation into the Work, with a deductible not exceeding 1% of the amount insured at the site of the Work. This insurance shall be in a form acceptable to the Owner and shall be maintained continuously until 10 Days after the date of Final Acceptance of the Work, as set out in the Final Acceptance Certificate. 1 Page 33 Rev. Date: 11/2006 OPSS.MUNI 100 1 1 GC 6.03.05.02 Boiler Insurance .01 Boiler insurance insuring the interests of the Contractor, the Owner and the Contract Administrator 111 for not less than the replacement value of boilers and pressure vessels forming part of the Work, shall be in a form acceptable to the Owner. This insurance shall be maintained continuously from commencement of use or operation of the property insured until 10 Days after the date of Final Acceptance of the Work, as set out in the Final Acceptance Certificate. GC 6.03.05.03 Use and Occupancy of the Work Prior to Completion .01 Should the Owner wish to use or occupy part or all of the Work prior to Substantial Performance, the Owner shall give 30 Days written notice to the Contractor of the intended purpose and extent of such use or occupancy. Prior to such use or occupancy, the Contractor shall notify the Owner in writing of the additional premium cost, if any, to maintain property and boiler insurance, which shall be at the Owner's expense. If because of such use or occupancy the Contractor is unable to provide coverage, the Owner upon written notice from the Contractor and prior to such use or occupancy shall provide, maintain, and pay for property and boiler insurance insuring the full value of the Work, including coverage for such use or occupancy, and shall provide the Contractor with proof of such insurance. The Contractor shall refund to the Owner the unearned premiums applicable to the Contractor's policies upon termination of coverage. .02 The policies shall provide that, in the event of a loss or damage, payment shall be made to the Owner and the Contractor as their respective interests may appear. The Contractor shall act on behalf of both the Owner and the Contractor for the purpose of adjusting the amount of such loss or damage payment with the insurers. When the extent of the loss or damage is determined, the Contractor shall proceed to restore the Work. Loss or damage shall not affect the rights and obligations of either party under the Contract, except that the Contractor shall be entitled to such reasonable extension of Contract Time relative to the extent of the loss or damage as the Contract Administrator may decide in consultation with the Contractor. GC 6.03.05.04 Payment for Loss or Damage .01 The Contractor shall be entitled to receive from the Owner, in addition to the amount due under the Contract, the amount at which the Owner's interest in restoration of the Work has been appraised, such amount to be paid as the restoration of the Work proceeds, and in accordance with the requirements of Section GC 8.0, Measurement and Payment. In addition, the Contractor shall be entitled to receive from the payments made by the insurers the amount of the Contractor's interest in the restoration of the Work. .02 The Contractor shall be responsible for deductible amounts under the policies, except where such 1 amounts may be excluded from the Contractor's responsibility by the terms of this Contract. .03 In the event of a loss or damage to the Work arising from the action or omission of the Owner or others, the Owner shall pay the Contractor the cost of restoring the Work as the restoration of the Work proceeds and in accordance with the requirements of Section GC 8.0, Measurement and Payment. 1 1 1 1 Page 34 Rev. Date: 11/2006 OPSS.MUNI 100 ' 1 1 GC 6.03.06 Contractor's Equipment Insurance 1 .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 Tess 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. I GC 6.03.07 Insurance Requirements and Duration .01 Unless specified otherwise, the duration of each insurance policy shall be from the date of ' commencement of the Work until 10 Days after the date of Final Acceptance of the Work, as set out in the Final Acceptance Certificate. ' .02 The Contractor shall provide the Owner, on a form acceptable to the Owner, proof of insurance prior to commencement of the Work and signed by an officer of the Contractor and either the underwriter or the broker. .03 The Contractor shall, on request, promptly provide the Owner with a certified true copy of each insurance policy exclusive of information pertaining to premium or premium bases used by the insurer to determine the cost of the insurance. The certified true copy shall include a signature by an officer of the Contractor and, in addition, a signature by an officer of the insurer or the underwriter or 1 the broker. .04 Where a policy is renewed, the Contractor shall provide the Owner, on a form acceptable to the Owner, renewed proof of insurance immediately following completion of renewal. .05 Unless specified otherwise, the Contractor shall be responsible for the payment of deductible amounts under the policies. ' .06 If the Contractor fails to provide or maintain insurance as required in subsection GC 6.03, Contractor's Insurance, or elsewhere in the Contract Documents, then the Owner shall have the right to provide and maintain such insurance and give evidence thereof to the Contractor. The Owner's 1 cost thereof shall be payable by the Contractor to the Owner on demand. .07 If the Contractor fails to pay the cost of the insurance placed by the Owner within 30 Days of the ' date on which the Owner made a formal demand for reimbursement of such costs, the Owner may deduct the costs thereof from monies which are due or may become due to the Contractor. GC 6.04 Bonding .01 The Contractor shall provide the Owner with the surety bonds in the amount required by the tender documents. ' .02 Such bonds shall be issued by a duly licensed surety company authorized to transact a business of suretyship in the Province of Ontario and shall be to the satisfaction of the Owner. The bonds shall be maintained in good standing until the fulfilment of the Contract. 1 1 Page 35 Rev. Date: 11/2006 OPSS.MUNI 100 1 1 GC 6.05 Workplace Safety and Insurance Board .01 The Contractor shall provide the Contract Administrator with a copy of a Certificate of Clearance indicating the Contractor's good standing with the Workplace Safety and Insurance Board, as follows: a) Immediately prior to the Contract Administrator authorizing the Contractor to commence Work. 1 b) Prior to issue of the Certificate of Substantial Performance. c) Prior to expiration of the Warranty Period. d) At any other time when requested by the Contract Administrator. 1 1 1 1 1 1 1 1 1 1 1 1 Page 36 Rev. Date: 11/2006 OPSS.MUNI 100 1 SECTION GC 7.0 - CONTRACTOR'S RESPONSIBILITIES AND CONTROL OF THE WORK GC 7.01 General .01 The Contractor warrants that the site of the Work has been visited during the preparation of the I Tender and the character of the Work and all local conditions that may affect the performance of the Work are known. ' .02 The Contractor shall not commence the Work nor deliver anything to the Working Area until the Contractor has received a written order to commence the Work, signed by the Contract Administrator. .03 The Contractor shall have complete control of the Work and shall effectively direct and supervise the Work so as to ensure conformity with the Contract Documents. The Contractor shall be responsible for construction means, methods, techniques, sequences, and procedures and for coordinating the various parts of the Work. .04 The Contractor shall provide adequate labour, Equipment, and Material to ensure the completion of the Contract in accordance with the Contract Documents. The Work shall be performed as vigorously and as continuously as weather conditions or other interferences may permit. .05 The Contractor shall have the sole responsibility for the design, erection, operation, maintenance, and removal of temporary structures and other temporary facilities and the design and execution of ' construction methods required in their use. .06 Notwithstanding paragraph GC 7.01.05, where the Contract Documents include designs for temporary structures and other temporary facilities or specify a method of construction in whole or ' part, such facilities and methods shall be considered to be part of the design of the Work, and the Contractor shall not be held responsible for that part of the design or the specified method of construction. The Contractor shall, however, be responsible for the execution of such design or ' specified method of construction in the same manner that the Contractor is responsible for the execution of the Work. .07 The Contractor shall execute the terms of the Contract in strict compliance with the requirements of ' the Occupational Health and Safety Act, R.S.O. 1990, c.O.1, as amended, (the "Act ") and Ontario Regulation 213/91, as amended, (that regulates Construction Projects) and any other regulations as amended under the Act (the "Regulations ") that may affect the performance of the Work, as the "Constructor" or "employer," as defined by the Act, as the case may be. The Contractor shall ensure that: a) worker safety is given first priority in planning, pricing, and performing the Work; b) its officers and supervisory employees have a working knowledge of the duties of a "Constructor" and "employer" as defined by the Act and the provisions of the Regulations applicable to the Work, and a personal commitment to comply with them; c) a copy of the most current version of the Act and the Regulations are available at the Contractor's office within the Working Area, or, in the absence of an office, in the possession of the supervisor responsible for the performance of the Work; ' d) workers employed to carry out the Work possess the knowledge, skills, and protective devices required by law or recommended for use by a recognized industry association to allow them to ' work in safety; e) its supervisory employees carry out their duties in a diligent and responsible manner with due consideration for the health and safety of the workers; and Page 37 Rev. Date: 11/2006 OPSS.MUNI 100 1 1 f) all Subcontractors and their workers are properly protected from injury while they are at the Work Area. .08 The Contractor, when requested, shall provide the Owner with a copy of its health and safety policy and program at the pre -start meeting and shall respond promptly to requests from the Owner for confirmation that its methods and procedures for carrying out the Work comply with the Act and Regulations. The Contractor shall cooperate with representatives of the Owner and the inspectors appointed to enforce the Act and the Regulations in any investigations of worker health and safety in the performance of the Work. The Contractor shall indemnify and save the Owner harmless from any additional expense that the Owner may incur to have the Work performed as a result of the Contractor's failure to comply with the requirements of the Act and the Regulations. .09 Prior to commencement of the Work, the Contractor shall provide to the Contract Administrator a list of those products controlled under the Workplace Hazardous Materials Information System or WHMIS, which the Contractor expects to use on the Contract. Related Materials Safety Data Sheets shall accompany the submission. All containers used in the application of products controlled under WHMIS shall be labelled. The Contractor shall notify the Contractor Administrator in writing of changes in the products to be used and provide relevant Material Safety Data Sheets. .10 The Contractor shall have an authorized representative on the site while any Work is being performed, to supervise the Work and act for or on the Contractor's behalf. Prior to commencement of construction, the Contractor shall notify the Contract Administrator of the names; addresses; positions; and cell phone, pager, and telephone numbers of the Contractor's representatives who can be contacted at any time to deal with matters relating to the Contract, and update as necessary. .11 The Contractor shall designate a person to be responsible for traffic control and work zone safety. The designated person shall be a competent worker who is qualified because of knowledge, training, and experience to perform the duties; is familiar with Book 7 of the Ontario Traffic Manual; and has knowledge of all potential or actual danger to workers and motorists. Prior to the commencement of construction, the Contractor shall notify the Contract Administrator of the name; address; position; cell phone, pager, and telephone numbers of the designated person, and update as necessary. The designated person may have other responsibilities, including other construction sites, and need not be present in the Working Area at all times. .12 The Contractor shall, at no additional cost to the Owner, furnish all reasonable aid, facilities, and assistance required by the Contract Administrator for the proper inspection and examination of the Work or the taking of measurements for the purpose of payment. .13 The Contractor shall prepare and update, as required, a construction schedule of operations, indicating the proposed methods of construction and sequence of work and the time the Contractor proposes to complete the various items of work within the time specified in the Contract Documents. The schedule shall be submitted to the Contract Administrator within 14 Days from the Contract award. If the Contractor's schedule is materially affected by changes, the Contractor shall submit an updated construction schedule, if requested by the Contract Administrator, within 7 Days of the request. This updated schedule shall show how the Contractor proposes to perform the balance of the Work, so as to complete the Work within the time specified in the Contract Documents. .14 Where the Contractor finds any error, inconsistency, or omission relating to the Contract, the Contractor shall promptly report it to the Contract Administrator and shall not proceed with the activity affected until receiving direction from the Contract Administrator. 1 .15 The Contractor shall promptly notify the Contract Administrator in writing if the subsurface conditions observed in the Working Area differ materially from those indicated in the Contract Documents. 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 Contractor's forces during construction if the stake out locations are within the tolerances given in paragraph GC 2.01.01 a). GC 7.02 Layout .01 Prior to commencement of construction, the Contract Administrator and the Contractor shall locate on site those property bars, baselines, and benchmarks that are necessary to delineate the Working Area and to lay out the Work, all as shown on the Contract Drawings. .02 The Contractor shall be responsible for the preservation of all property bars while the Work is in progress, except those property bars that must be removed to facilitate the Work. Any other property bars disturbed, damaged, or removed by the Contractor's operations shall be replaced under the supervision of an Ontario Land Surveyor, at the Contractor's expense. .03 At no extra cost to the Owner, the Contractor shall provide the Contract Administrator with such materials and devices as may be necessary to lay out the baseline and benchmarks, and as may be necessary for the inspection of the Work. .04 The Contractor shall provide qualified personnel to lay out and establish all lines and grades necessary for construction. The Contractor shall notify the Contract Administrator of any layout work carried out, so that the same may be checked by the Contract Administrator. .05 The Contractor shall install and maintain substantial alignment markers and secondary benchmarks 1 as may be required for the proper execution of the Work. The Contractor shall supply one copy of all alignment and grade sheets to the Contract Administrator. .06 The Contractor shall assume full responsibility for alignment, elevations, and dimensions of each ' and all parts of the Work, regardless of whether the Contractor's layout work has been checked by the Contract Administrator. .07 All stakes, marks, and reference points shall be carefully preserved by the Contractor. In the case of their destruction or removal, such stakes, marks, and reference points shall be replaced at the Contractor's expense. .08 Benchmarks and survey monuments identified in the Contract Documents shall be protected by the Contractor. In the case of their destruction or removal, such benchmarks and survey monuments shall be replaced by the Owner at the Contractor's expense. GC 7.03 Working Area .01 The Contractor's sheds, site offices, toilets, other temporary structures, and storage areas for Material and Equipment shall be grouped in a compact manner and maintained in a neat and orderly condition at all times. .02 The Contractor shall confine the construction operations to the Working Area. Should the Contractor ' require more space than that shown on the Contract Drawings, the Contractor shall obtain such space at no additional cost to the Owner. 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 .01 If at any time, in the opinion of the Contract Administrator, damage is being done or is likely to be done to any Roadway or any improvement thereon, outside the Working Area, by the Contractor's vehicles or other Equipment, whether licensed or unlicensed Equipment, the Contractor shall, on the direction of the Contract Administrator, and at no extra cost to the Owner, make changes or substitutions for such vehicles or Equipment, and shall alter loadings, or in some other manner, remove the cause of such damage to the satisfaction of the Contract Administrator. GC 7.05 Excess Loading of Motor Vehicles .01 Where a vehicle is hauling Material for use on the Work, in whole or in part; upon a Highway; and where motor vehicle registration is required for such vehicle, the Contractor shall not cause or permit such vehicle to be loaded beyond the legal limit specified in the Highway Traffic Act, R.S.O. 1990, c.H.8, as amended, whether such vehicle is registered in the name of the Contractor or otherwise, except where there are designated areas within the Working Area where overloading is permitted. The Contractor shall bear the onus of weighing disputed Toads. GC 7.06 Condition of the Working Area .01 The Contractor shall maintain the Working Area in a tidy condition and free from the accumulation of debris and prevent dust nuisance, mud, and ponding water, other than that caused by the Owner or others. GC 7.07 Maintaining Roads and Detours 1 .01 Unless otherwise specified in the Contract Documents, if an existing Roadway is affected by construction, it shall be kept open to both vehicular and pedestrian traffic. .02 Subject to the approval of the Contract Administrator, the Contractor shall, at no additional cost to the Owner, be responsible for providing and maintaining for the duration of the Work an alternative route for both pedestrian and vehicular traffic through the Working Area in accordance with the OTM, whether along the existing Highway under construction or on a detour road beside or adjacent to the Highway under construction. .03 Subject to the approval of the Contract Administrator, the Contractor may block traffic for short periods of time to facilitate construction of the Work in accordance with the OTM. Any temporary lane closures shall be kept to a minimum. .04 The Contractor shall not be required to maintain a road through the Working Area until such time as the Contractor has commenced operations or during seasonal shut down or on any part of the Contract that has been accepted in accordance with these General Conditions. The Contractor shall not be required to apply de -icing chemicals or abrasives or carry out snowplowing. .05 Where localized and separated sections of the Highway are affected by the Contractor's operations, the Contractor shall not be required to maintain intervening sections of the Highway until such times as these sections are located within the limits of the Highway affected by the Contractor's general operations under the Contract. .06 Where the Contract Documents provide for or the Contract Administrator requires detours at specific locations, payment for the construction of the detours and, if required, for the subsequent removal of the detours, shall be made at the Contract prices appropriate to such work. 1 Page 40 Rev. Date: 11/2006 OPSS.MUNI 100 1 .07 Compensation for all labour, Equipment, and Materials to do this Work shall be at the Contract ' prices appropriate to the Work and, where there are no such prices, at negotiated prices. Notwithstanding the foregoing, the cost of blading required to maintain the surface of such roads and detours shall be deemed to be included in the prices bid for the various tender items and no additional payment shall be made. .08 Where work under the Contract is discontinued for any extended period, including seasonal shutdown, the Contractor shall, when directed by the Contract Administrator, open and place the Roadway and detours in a passable, safe, and satisfactory condition for public travel. ' .09 Where the Contractor constructs a detour that is not specifically provided for in the Contract Documents or required by the Contract Administrator, the construction of the detour and, if required, the subsequent removal shall be performed at the Contractor's expense. The detour shall be constructed and maintained to structural and geometric standards approved by the Contract Administrator. Removal and site restoration shall be performed as directed by the Contract Administrator. .10 Where, with the prior written approval of the Contract Administrator, the Highway is closed and the traffic diverted entirely off the Highway to any other Highway, the Contractor shall, at no extra cost to ' the Owner, supply, erect, and maintain traffic control devices in accordance with the OTM. .11 Compliance with the foregoing provisions shall in no way relieve the Contractor of obligations under subsection GC 6.01, Protection of Work, Persons, and Property, dealing with the Contractor's responsibility for damage claims, except for claims arising on sections of Highway within the Working Area that are being maintained by others. GC 7.08 Access to Properties Adjoining the Work and Interruption of Utility 1 Services .01 The Contractor shall provide at all times and at no extra cost to the Owner, a) adequate pedestrian and vehicular access; and b) continuity of Utility services 1 to properties adjoining the Working Area. .02 The Contractor shall provide at all times and at no extra cost to the Owner access to fire hydrants, ' water and gas valves, and all other Utilities located in the Working Area. .03 Where any interruptions in the supply of Utility services are required and are authorized by the ' Contract Administrator, the Contractor shall give the affected property owners notice in accordance with subsection GC 7.12, Notices by the Contractor, and shall arrange such interruptions so as to create a minimum of interference to those affected. 1 GC 7.09 Approvals and Permits .01 Except as specified in subsection GC 4.02, Approval and Permits, the Contractor shall obtain and pay for any permits, licences, and certificates, which at the date of tender closing, are required for ' 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 ' Page 41 Rev. Date: 11/2006 OPSS.MUNI 100 1 1 GC 7.10 Suspension of Work .01 The Contractor shall, upon written notice from the Contract Administrator, discontinue or delay any 1 or all of the Work and work shall not be resumed until the Contract Administrator so directs in writing. Delays, in these circumstances, shall be administered according to subsection GC 3.07, Delays. GC 7.11 Contractor's Right to Stop the Work or Terminate the Contract 1 .01 If the Owner is adjudged bankrupt or makes a general assignment for the benefit of creditors because of insolvency or if a receiver is appointed because of insolvency, the Contractor may, without prejudice to any other right or remedy the Contractor may have, by giving the Owner or receiver or trustee in bankruptcy written notice, terminate the Contract. .02 If the Work is stopped or otherwise delayed for a period of 30 Days or more under an order of a court or other public authority and provided that such order was not issued as the result of an act or fault of the Contractor or of anyone directly employed or engaged by the Contractor, the Contractor may, without prejudice to any other right or remedy the Contractor may have, by giving the Owner written notice, terminate the Contract. .03 The Contractor may notify the Owner in writing, with a copy to the Contract Administrator, that the Owner is in default of contractual obligations if, 1 a) the Contract Administrator fails to issue certificates in accordance with the provisions of Section GC 8.0, Measurement and Payment; b) the Owner fails to pay the Contractor, within 30 Days of the due dates identified in clause GC 8.02.03, Certification and Payment, the amounts certified by the Contract Administrator or within 30 Days of an award by an arbitrator or court; or 1 c) the Owner violates the requirements of the Contract. .04 The Contractor's written notice to the Owner shall advise that if the default is not corrected in the Days immediately following receipt of the written notice, the Contractor may, without prejudice to any other right or remedy the Contractor may have, stop the Work or terminate the Contract. .05 If the Contractor terminates the Contract under the conditions set out in subsection GC 7.11, the Contractor shall be entitled to be paid for all work performed according to the Contract Documents and for any losses or damage as the Contractor may sustain as a result of the termination of the Contract. 1 GC 7.12 Notices by the Contractor .01 Before work is carried out that may affect the property or operations of any Ministry or agency of government or any person; company; partnership; or corporation, including a municipal corporation or any board or commission thereof, and in addition to such notices of the commencement of specified operations as are prescribed elsewhere in the Contract Documents, the Contractor shall give at least 48 hours advance written notice of the date of commencement of such work to the person, company, partnership, corporation, board, or commission so affected. .02 In the case of damage to or interference with any Utilities, pole lines, pipe lines, conduits, farm tiles, or other public or privately owned works or property, the Contractor shall immediately notify the Owner, Contract Administrator, and the owner of the works of the location and details of such damage or interference. 1 Page 42 Rev. Date: 11/2006 OPSS.MUNI 100 ' 1 1 .1 GC 7.13 Obstructions ' .01 Except as otherwise noted in these General Conditions, the Contractor assumes all the risks and responsibilities arising out of any obstruction encountered in the performance of the Work and any traffic conditions, including traffic conditions on any Highway or road giving access to the Working Area caused by such obstructions, and the Contractor shall not make any claim against the Owner for any loss, damage, or expense occasioned thereby. .02 Where the obstruction is an underground Utility or other man -made object, the Contractor shall not ' be required to assume the risks and responsibilities arising out of such obstruction, unless the location of the obstruction is shown on the Plans or described in the Contract Documents and the location so shown is within the tolerance specified in paragraph GC 2.01.01 a), or unless the presence and location of the obstruction has otherwise been made known to the Contractor or could have been determined by the visual site investigation made by the Contractor in accordance with these General Conditions. ' .03 During the course of the Contract, it is the Contractor's responsibility to consult with Utility companies or other appropriate authorities for further information in regard to the exact location of these Utilities, to exercise the necessary care in construction operations, and to take such other precautions as are necessary to safeguard the Utilities from damage. 1 GC 7.14 Limitations of Operations .01 Except for such work as may be required by the Contract Administrator to maintain the Work in a safe and satisfactory condition, the Contractor shall not carry out operations under the Contract on Saturdays, Sundays, and Statutory Holidays without permission in writing from the Contract Administrator. 1 .02 The Contractor shall cooperate and coordinate the Work with other Contractors, Utility companies, and the Owner and they shall be allowed access to their work or plant at all reasonable times. 1 GC 7.15 Cleaning Up Before Acceptance .01 Upon attaining Substantial Performance of the Work, the Contractor shall remove surplus materials, tools, construction machinery and equipment not required for the performance of the remaining Work. The Contractor shall also remove all temporary works and debris other than that caused by the Owner or others and leave the Work and Working Area clean and suitable for occupancy by the Owner, unless otherwise specified. ' .02 The Work shall not be deemed to have reached Completion until the Contractor has removed surplus materials, tools, construction machinery, and equipment. The Contractor shall also have removed debris, other than that caused by the Owner, or others. ' GC 7.16 Warranty .01 Unless otherwise specified in the Contract Documents for certain Materials or components of the Work, the Contractor shall be responsible for the proper performance of the Work only to the extent that the design and standards permit such performance. ' .02 Subject to the previous paragraph the Contractor shall correct promptly, at no additional cost to the Owner, defects or deficiencies in the Work that appear, a) prior to and during the period of 12 months from the date of Substantial Performance of the Work, as set out in the Certificate of Substantial Performance of the Work, 1 Page 43 Rev. Date: 11/2006 OPSS.MUNI 100 1 1 b) where the work is completed after the date of Substantial Performance, 12 months after Completion of the Work, c) where there is no Certificate of Substantial Performance, 12 months from the date of Completion of the Work as set out in the Completion Certificate, or d) such longer periods as may be specified in the Contract Documents for certain Materials or 1 some of the Work. The Contract Administrator shall promptly give the Contractor written notice of observed defects or deficiencies. .03 The Contractor shall correct or pay for damage resulting from corrections made under the requirements of paragraph GC 7.16.02. GC 7.17 Contractor's Workers .01 The Contractor shall only employ orderly, competent, and skillful workers to do the Work and whenever the Contract Administrator shall inform the Contractor in writing that any worker or workers involved in the Work are, in the opinion of the Contract Administrator, incompetent, or disorderly such worker or workers shall be removed from the work and shall not be employed on the work again without the consent in writing of the Contract Administrator. GC 7.18 Drainage .01 During construction and until the Work is completed, the Contractor shall make all reasonable efforts to keep all portions of the Work properly and efficiently drained, to at least the same degree as that of the existing drainage conditions. 1 1 1 1 1 1 1 1 Page 44 Rev. Date: 1112006 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 Tess 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 1 confirmed by a statement certified by the Contractor's senior financial officer or auditor and may be audited by the Owner. Alternatively, where both parties agree, an allowance equal to 10% of the unit price on the amount of the underrun in excess of 15% of the tender quantity shall be paid. Written requests for compensation must be received no later than 60 Days after the issuance of the Completion Payment Certificate. 1 1 1 Page 45 Rev. Date: 11/2006 OPSS.MUNI 100 1 GC 8.02 Payment 1 GC 8.02.01 Price for Work 1 .01 Prices for the Work shall be full compensation for all labour, Equipment and Material required in its performance. The term "all labour, Equipment, and Material" shall include Hand Tools, supplies, and other incidentals. .02 Payment for work not specifically detailed as part of any one item and without specified details of payment shall be deemed to be included in the items with which it is associated. 1 GC 8.02.02 Advance Payments for Material .01 The Owner shall make advance payments for Material intended for incorporation in the Work upon 1 the written request of the Contractor and according to the following terms and conditions: a) The Contractor shall deliver the Material to a site approved by the Contract Administrator and the Contractor shall, in advance of receipt of the shipment of the Material, arrange for adequate and proper storage facilities. b) The value of aggregates, processed and stockpiled, shall be assessed by the following procedure: i. Sources Other Than Commercial (1) Granular A, B, BI, BII, Bill, M, and 0 shall be assessed at the rate of 60% of the Contract price. (2) Coarse and fine aggregates for hot mix asphaltic concrete, surface treatment and Portland cement concrete shall be assessed at the rate of 25% of the Contract price for each aggregate stockpiled. ii. Commercial Sources Payment for separated coarse and fine aggregates shall be considered at the above rate when such materials are stockpiled at a commercial source where further processing is to be carried out before incorporating such materials into a final product. Advance payments for other materials located at a commercial source shall not be made. c) Payment for all other materials, unless otherwise specified elsewhere in the Contract 1 Documents, shall be based on the invoice price, and the Contractor shall submit proof of cost to the Contract Administrator before payment can be made by the Owner. d) The payment for all Materials shall be prorated against the appropriate tender item by paying for , sufficient units of the item to cover the value of the material. Such payment shall not exceed 80% of the Contract price for the item. e) All Materials for which the Contractor wishes to receive advance payment shall be placed in the designated storage location immediately upon receipt of the material and shall thenceforth be held by the Contractor in trust for the Owner as collateral security for any monies advanced by the Owner and for the due completion of the Work. The Contractor shall not exercise any act of ownership inconsistent with such security, or remove any Material from the storage locations, except for inclusion in the Work, without the consent, in writing, of the Contract Administrator. f) Such materials shall remain at the risk of the Contractor who shall be responsible for any loss, damage, theft, improper use, or destruction of the material however caused. .02 Where the Owner makes advance payments subject to the conditions listed in paragraph GC 8.02.02.01, such payment shall not constitute acceptance of the Material by the Owner. Acceptance shall only be determined when the material meets the requirements of the appropriate specification. 1 Page 46 Rev. Date: 11/2006 OPSS.MUNI 100 1 1 GC 8.02.03 Certification and Payment GC 8.02.03.01 Progress Payment Certificate .01 The value of the Work performed and Material supplied shall be calculated once a month by the Contract Administrator in accordance with the Contract Documents and clause GC 8.01.01, Quantities. .02 The progress Payment Certificate shall show, 1 a) the quantities of Work performed; b) the value of Work performed; c) any advanced payment for Material; 1 d) the amount of statutory holdback, liens, Owner's set -off; e) the amount of GST, as applicable; and 1 f) the amount due to the Contractor. .03 One copy of the progress Payment Certificate shall be sent to the Contractor. .04 Payment shall be made within 30 Days of the Cut -Off Date. GC 8.02.03.02 Certification of Subcontract Completion .01 Before the Work has reached the stage of Substantial Performance, the Contractor may notify the Contract Administrator, in writing that a subcontract is completed satisfactorily and ask that the ' Contract Administrator certify the completion of such subcontract. .02 The Contract Administrator shall issue a Certificate of Subcontract Completion, if the subcontract has been completed satisfactorily, and all required inspection and testing of the works covered by ' the subcontract have been carried out and the results are satisfactory. .03 The Contract Administrator shall set out in the Certificate of Subcontract Completion the date on which the subcontract was completed and, within 7 Days of the date the subcontract is certified ' complete, the Contract Administrator shall give a copy of the certificate to the Contractor and to the Subcontractor concerned. GC 8.02.03.03 Subcontract Statutory Holdback Release Certificate and Payment .01 Following receipt of the Certificate of Subcontract Completion, the Owner shall release and pay the Contractor the statutory holdback retained in respect of the subcontract. Such release shall be made 46 Days after the date the subcontract was certified complete and providing the Contractor submits the following to the Contract Administrator: a) a document satisfactory to the Contract Administrator that shall release the Owner from all further claims relating to the subcontract, qualified by stated exceptions such as holdback monies; b) evidence satisfactory to the Contract Administrator that the Subcontractor has discharged all liabilities incurred in carrying out the subcontract; 1 Page 47 Rev. Date: 11/2006 OPSS.MUNI 100 1 1 c) a satisfactory clearance certificate or letter from the Workplace Safety and Insurance Board relating to the subcontract; and d) a copy of the contract between the Contractor and the Subcontractor and a satisfactory statement showing the total amount due the Subcontractor from the Contractor. .02 Paragraph GC 8.02.03.03.01 d), shall only apply to Lump Sum Items and then only when the 1 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 111 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 1 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. 1 .02 The Substantial Performance Payment Certificate shall show, a) the value of Work performed to the date of Substantial Performance; 1 b) the value of outstanding or incomplete Work; c) the amount of the statutory holdback, allowing for any previous releases of statutory holdback to 1 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 d) the amount of maintenance security required; and e) the amount due the Contractor. .03 Payment of the amount certified shall be made within 30 Days of the date of issuance of the 1 payment certificate. .04 The Substantial Performance Statutory Holdback Release Payment Certificate shall be a payment fi to ry W to 1 the certi date cate of releasing Substantial Performance. the Contractor Payment the statuto of such holdback statutory due hi shall of be ork due 46 performed Days after the date of publication of the Certificate of Substantial Performance but subject to the provisions of the Construction Lien Act and the submission by the Contractor of the following documents: a) a release by the Contractor in a form satisfactory to the Contract Administrator releasing the Owner from all further claims relating to the Contract, qualified by stated exceptions such as outstanding work or matters arising out of subsection GC 3.13, Claims, Negotiations, Mediation; b) a statutory declaration in a form satisfactory to the Contract Administrator that all liabilities incurred by the Contractor and the Contractor's Subcontractors in carrying out the Contract have been discharged except for statutory holdbacks properly retained; c) a satisfactory Certificate of Clearance from the Workplace Safety and Insurance Board; and d) proof of publication of the Certificate of Substantial Performance. GC 8.02.03.06 Certification of Completion ' .01 Upon application by the Contractor and when the Contract Administrator has verified that the Contract has reached Completion, the Contract Administrator shall issue a Completion Certificate. .02 The Contract Administrator shall set out in the Completion Certificate the date on which the Work was completed and, within 7 Days of signing the said certificate, the Contract Administrator shall provide a copy to the Contractor. GC 8.02.03.07 Completion Payment and Completion Statutory Holdback Release Payment Certificates .01 When the Contract Administrator issues the Completion Certificate, the Contract Administrator shall also issue the Completion Payment Certificate and the Completion Statutory Holdback Release Payment Certificate or where appropriate, a combined payment certificate. .02 The Completion Payment Certificate shall show, a) measurement and value of Work at Completion; b) the amount of the further statutory holdback based on the value of further work completed over and above the value of work completed shown in the Substantial Performance Payment Certificate referred to above; and 1 c) the amount due the Contractor. .03 The Completion Statutory Holdback Release Payment Certificate shall be a payment certificate releasing to the Contractor the further statutory holdback. Payment of such statutory holdback shall be due 46 Days after the date of Completion of the Work as established by the Completion Certificate but subject to the provisions of the Construction Lien Act and the submission by the Contractor of the following documents: 1 Page 49 Rev. Date: 11/2006 OPSS.MUNI 100 1 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; 1 b) a statutory declaration in a form satisfactory to the Contract Administrator that all liabilities incurred by the Contractor and the Contractor's Subcontractors in carrying out the Contract have been discharged, qualified by stated exceptions where appropriate; and c) a satisfactory Certificate of Clearance from the Workplace Safety and Insurance Board. GC 8.02.03.08 Interest 1 .01 Interest due the Contractor is based on simple interest and is calculated using the applicable Rate of Interest. 1 GC 8.02.03.09 Interest for Late Payment .01 Provided the Contractor has complied with the requirements of the Contract, including all 1 documentation requirements, when payment by the Owner to the Contractor for Work performed, or for release of statutory holdback, is delayed by the Owner, then the Contractor shall be entitled to receive interest on the outstanding payment at the Rate of Interest, if payment is not received on the dates set out below: a) Progress Payment Certificates: 30 Days after the Cut -Off Date; b) Certificate of Subcontract Completion: 30 Days after the date certified as the date on which the subcontract was completed; c) Subcontract Statutory Holdback Release Payment Certificate: 76 Days after the date on which the subcontract was completed; d) Substantial Performance Payment Certificate: 30 Days after the date of issuance of the certificate; e) Substantial Performance Statutory Holdback Release Payment Certificate: 76 Days after publication of the Payment Certificate of Substantial Performance; f) Completion Payment Certificate: 30 Days after the date certified as the date on which the Contract reached Completion; and 1 g) Completion Statutory Holdback Release Payment Certificate: 76 Days after the date certified as the date that the Work was completed. .02 If the Contractor has not complied with the requirements of the Contract, including all documentation requirements, prior to expiration of the time periods described in paragraph GC 8.02.03.09.01, interest shall only begin to accrue when the Contractor has completed those requirements. 1 1 1 Page 50 Rev. Date: 11/2006 OPSS.MUNI 100 1 GC 8.02.03.10 Interest for Negotiations and Claims ' .01 Except as hereinafter provided, where a notice of negotiation, notice of intent to claim and the subsequent claims are submitted in accordance with the time limits or procedure or both described by subsection GC 3.13, Claims, Negotiations, Mediation, the Owner shall pay the Contractor the ' Rate of Interest on the amount of the negotiated price for that part of the Work or on the amount of the settled claim. Such interest shall not commence until 30 Days after the satisfactory completion of that part of the Work. .02 Where the Contractor does not attempt to resolve the negotiation or the claim in an expeditious manner, interest shall be negotiable. 1 .03 Where the Contractor fails to give notice of a claim within the time limit prescribed by subsection GC 3.13, Claims, Negotiations, Mediation, interest shall not be paid. .04 Where a Contractor fails to comply with the 30 Day time limit and the procedures prescribed in ' 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: 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, 1 administration, and management time spent on the entire Work or any wages, salary, or Payroll Burden for which the Contractor is compensated by any payment made by the Owner for Equipment. Cost of Material means the cost of Material purchased or supplied from stock and valued at current market prices for the purpose of carrying out Extra Work by the Contractor or by others, when such arrangements have been made by the Contractor for completing the Work, as shown by itemized invoices. ' Operated Rented Equipment means Rented Equipment for which an operator is provided by the supplier of the equipment and for which the rent or lease includes the cost of the operator. Page 51 Rev. Date: 11/2006 OPSS.MUNI 100 1 Payroll Burden means the payments in respect of workplace insurance, vacation pay, employment insurance, public liability and property damage insurance, sickness and accident insurance, pension fund, and such other welfare and benefit payments forming part of the Contractor's normal labour costs. Rented Equipment means equipment that is rented or leased for the special purpose of Work on a Time and Material Basis from a person, firm, or corporation that is not an associate of the lessee as the word "associate" is defined by the Securities Act, R.S.O. 1990, c.S.5, as amended, and is approved by the Contract Administrator. Road Work means the preparation, construction, finishing, and construction maintenance of roads, streets, Highways, and parking lots and includes all work incidentals thereto other than work on structures. Sewer and Watermain Work means the preparation, construction, finishing, and construction maintenance of sewer systems and watermain systems, and includes all work incidental thereto other than work on structures. Standby Time means any period of time that is not considered Working Time and which together with the Working Time does not exceed 10 hours in any one Working Day and during which time a unit of equipment cannot practically be used on other work but must remain on the site in order to continue with its assigned task and during which time the unit is in fully operable condition. 1 Structure Work means the construction, reconstruction, repair, alteration, remodelling, renovation, or demolition of any bridge, building, tunnel, or retaining wall and includes the preparation for and the laying of the foundation of any bridge, building, tunnel, or retaining wall and the installation of equipment and appurtenances incidental thereto. The 127 Rate means the rate for a unit of Equipment as listed in OPSS 127, Schedule of Rental Rates for Construction Equipment, Including Model and Specification Reference, that is current at the time the work is carried out or for Equipment that is not so listed, the rate that has been calculated by the Owner, using the same principles as used in determining The 127 Rates. Work on a Time and Material Basis means Changes in the Work, Extra Work, and Additional Work approved by the Contract Administrator for payment on a Time and Material basis. The Work on a Time and Material Basis shall be subject to all the terms, conditions, Standard Specifications and provisions of the Contract. Working Time means each period of time during which a unit of Equipment is actively and of necessity engaged on a specific operation and the first 2 hours of each immediately following period during which the unit is not so engaged but during which the operation is otherwise proceeding and during which time the unit cannot practically be transferred to other work but must remain on the site in order to continue with its assigned tasks and during which time the unit is in a fully operable condition. GC 8.02.04.02 Daily Work Records .01 Daily Work Records, prepared as the case may be by either the Contractor's representative or the Contract Administrator reporting the labour and Equipment employed and the Material used on each Time and Material project, should be reconciled and signed each Day by both the Contractor's representative and the Contract Administrator. If it is not possible to reconcile the Daily Work Records, then the Contractor shall submit the un- reconciled Daily Work Records with its claim, whereby the resolution of the dispute about the Daily Work Records shall not be resolved until there is a resolution of the claim. 1 1 Page 52 Rev. Date: 11/2006 OPSS.MUNI 100 1 1 GC 8.02.04.03 Payment for Work .01 Payment as herein provided shall be full compensation for all labour, Equipment, and Material to do the Work on a Time and Material Basis except where there is agreement to the contrary prior to the commencement of the Work on a Time and Material Basis. The payment adjustments on a Time ' and Material basis shall apply to each individual Change Order authorized by the Contract 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. 1 .03 At the Owner's discretion, an audit may be conducted in which case the actual Payroll Burden so determined shall be applied to all Time and Material work on the Contract. GC 8.02.04.05 Payment for Material .01 The Owner shall pay the Contractor for Material used on each Time and Material project at 120% of ' the Cost of the Material up to $3,000, then at 115% of any portion of the Cost of Material in excess of $3,000. GC 8.02.04.06 Payment for Equipment 1 GC 8.02.04.06.01 Working Time .01 The Owner shall pay the Contractor for the Working Time of all Equipment, other than Rented 1 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: 1 a) Cost $10,000 or less - no adjustment; b) Cost greater than $10,000 but not exceeding $20,000 - payment $10,000 plus 90% of the portion in excess of $10,000; and c) Cost greater than $ 20,000 - $19,000 plus 80% of the portion in excess of $20,000. .02 The Owner shall pay the Contractor for the Working Time of Rented Equipment used on the Work on a Time and Material Basis at 110% of the invoice price approved by the Contract Administrator up to a maximum of 110% of The 127 Rate. This constraint shall be waived when the Contract Administrator approves the invoice price prior to the use of the Rented Equipment. .03 The Owner shall pay the Contractor for the Working Time of Operated Rented Equipment used on the Work on a Time and Material Basis at 110% of the Operated Rented Equipment invoice price approved by the Contract Administrator prior to the use of the Equipment on the Work on a Time and 1 Material Basis. GC 8.02.04.06.02 Standby Time ' .01 The Owner shall pay the Contractor for Standby Time of Equipment at 35% of The 127 Rate or 35% of the invoice price whichever is appropriate. The Owner shall pay reasonable costs for Rented Equipment where this is necessarily retained in the Working Area for extended periods agreed to by 1 Page 53 Rev. Date: 11/2006 OPSS.MUNI 100 1 1 the Contract Administrator. This shall include Rented Equipment intended for use on other work, but has been idled due to the circumstances giving rise to the Work on a Time and Material Basis. .02 In addition, the Owner shall include the Cost of Labour of operators or associated labourers who cannot be otherwise employed during the standby period or during the period of idleness caused by the circumstances giving rise to the Work on a Time and Material Basis. 1 .03 The Contract Administrator may require Rented Equipment idled by the circumstances giving rise to the Work on Time and Material Basis to be returned to the lessor until the work requiring the equipment can be resumed. The Owner shall pay such costs as a result from such return. 1 .04 When Equipment is transported, solely for the purpose of the Work on a Time and Material Basis, to or from the Working Area on a Time and Material basis, payment shall be made by the Owner only in respect of the transporting units. When Equipment is moved under its own power it shall be deemed to be working. The method of moving Equipment and the rates shall be subject to the approval of the Contract Administrator. GC 8.02.04.07 Payment for Hand Tools 1 .01 Notwithstanding any other provision of this Section, no payment shall be made to the Contractor for or in respect of Hand Tools or equipment that are tools of the trade. GC 8.02.04.08 Payment for Work By Subcontractors .01 Where the Contractor arranges for Work on a Time and Material Basis, or a part of it, to be performed by Subcontractors on a Time and Material basis and has received approval prior to the commencement of such work, in accordance with the requirements of subsection GC 3.09, Subcontracting by the Contractor, the Owner shall pay the cost of Work on a Time and Material Basis by the Subcontractor calculated as if the Contractor had done the Work on a Time and Material Basis, plus a markup calculated on the following basis: a) 20% of the first $3,000; plus 1 b) 15% of the amount from $3,000 to $10,000; plus c) 5% of the amount in excess of $10,000. .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 Page 54 Rev. Date: 11/2006 OPSS.MUNI 100 ' 1 1 .03 Each month the Contract Administrator shall include with the monthly progress payment certificate, the costs of the Work on a Time and Material Basis incurred during the preceding month all in 1 accordance with the contract administrative procedures and the Contractor's invoice of the Work on a Time and Material Basis. .04 The final "Summary for Payment of Accounts on a Time and Material Basis" shall be submitted by the Contractor within 60 Days after the completion of the Work on a Time and Material Basis. GC 8.02.04.10 Payment Other Than on a Time and Material Basis .01 Clause GC 8.02.04 does not preclude the option of the Contract Administrator and the Contractor negotiating a Lump Sum Item or unit price payment for Change in the Work, Extra Work, and Additional Work. 1 GC 8.02.04.11 Payment Inclusions .01 Except where there is agreement in writing to the contrary, the compensation, as herein provided, shall be accepted by the Contractor as compensation in full for profit and all costs and expenses arising out of the work, including all cost of general supervision, administration, and management time spent on the work, and no other payment or allowance shall be made in respect of such work. GC 8.02.05 Final Acceptance Certificate .01 After the acceptance of the Work, the Contract Administrator shall issue the Final Acceptance ' Certificate, or, where applicable, after the Warranty Period has expired. The Final Acceptance Certificate shall not be issued until all known deficiencies have been adjusted or corrected, as the case may be, and the Contractor has discharged all obligations under the Contract. 1 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 1 accordance with the labour conditions set out in the Contract and at intervals of not less than twice a month. .02 The Contractor shall require each Subcontractor doing any part of the Work to pay the workers employed by the Subcontractor on the Work in accordance with paragraph GC 8.02.06.01. .03 Where any person employed by the Contractor or any Subcontractor or other person on the Work is paid less than the amount required to be paid under the Contract, the Owner may set off monies in accordance with clause GC 8.02.03.11, Owner's Set -Off. GC 8.02.07 Records .01 The Contractor shall maintain and keep accurate Records relating to the Work, Changes in the Work, Extra Work, and claims arising therefrom. Such Records shall be of sufficient detail to support the total cost of the Work, Changes in the Work, and Extra Work. The Contractor shall preserve all such original Records until 12 months after the Final Acceptance Certificate is issued or until all claims have been settled, whichever is longer. The Contractor shall require that Subcontractors employed by the Contractor preserve all original Records pertaining to the Work, Changes in the Work, Extra Work, and claims arising therefrom for a similar period of time. 1 .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 Page 55 Rev. Date: 11/2006 OPSS.MUNI 100 GC 8.02.08 Taxes 111 .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 Tess 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. 1 .04 Changes in Canadian Federal or Provincial taxes that impact upon commodities, which when left in place form part of the finished Work, or the provision of services, where such services form part of the Work and where the manufacture or supply of such commodities or the provision of such services is carried out by the Contractor or a Subcontractor, are subject to a claim or benefit as detailed above. Services in the latter context means the supply and operation of equipment, the provision of labour, and the supply of commodities that do not form part of the Work. GC 8.02.09 Liquidated Damages .01 When liquidated damages are specified in the Contract and the Contractor fails to complete the Work in accordance with the Contract, the Contractor shall pay such amounts as are specified in the Contract Documents. 1 1 1 1 1 1 1 1 1 Rev. Date: 11/2006 OPSS.MUNI 100 1 A -1 1 AGREEMENT 1 CONTRACT NO. 14038 1 THIS AGREEMENT MADE IN TRIPLICATE THIS 14 DAY OF April , 2016. 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 (hereinafter called "the Contractor ") ' 2966 Amberley Road, RR #1 OF THE SECOND PART Ripley, ON NOG 2R0 WITNES SETH That the Owner and the Contractor, in consideration of the fulfilment of their respective promises and 1 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, Municipal Parking Lot Reconstruction (2016), Parts 1 & 3, Contract No. 14038. 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 Contract Administrator 1 commence the works and diligently execute the respective portions thereof and deliver the works complete in every particular to the Owner within the time specified. 1 ARTICLE 2 In case of any inconsistency or conflict between the provisions of this Agreement and the Plans, or Specifications or General Conditions, or Tender, or any other documents or writing, the provisions of such documents shall take precedence and govern in the following order; namely, 1 A -2 1 a) Agreement b) Addenda c) Special Provisions d) Contract Drawings e) Information to Bidders ' f) Standard Specifications g) Standard Drawings h) Form of Tender ' i) Supplemental General Conditions j) General Conditions k) Working Drawings ARTICLE 3 The Contractor shall not without the consent in writing of the Owner (or the Engineer) and without restricting in any way the provisions of the General Conditions attached hereto make any assignment of any part or the whole of any monies due or to become due under the provisions of ' this contract. ARTICLE 4 The Owner covenants with the Contractor that the Contractor having in all respects complied with the provisions of this contract, will be paid for and in respect of the works at the tendered lump sum or unit prices after measurement approved by the Contract Administrator, the total 1 which is presently estimated to be the sum of Six Hundred Thirty Thousand, Seven Hundred Eighty -Eight Dollars and Two Cents 1 ($630,788.02) subject to such additions and deductions as may properly be made under the terms hereof, 1 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 Contract Administrator, it shall be deemed sufficiently given or made if mailed or delivered in writing to such party or to the Contract Administrator at the following address: B. M. ROSS AND ASSOCIATES LIMITED Engineers and Planners 62 North Street 1 Goderich, ON N7A 2T4 Where any such notice, direction or other communication is given or made to the Contract Administrator, a copy thereof shall likewise be delivered to any agent of the Contract Administrator 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 Contract Administrator. 1 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 1 Contract as fully to all intents and purposes as though recited in full herein. ARTICLE 7 No implied contract of any kind whatsoever by or on behalf of the Owner shall arise or be implied from anything in this contract contained, nor from any position or situation of the parties at any time, it being clearly understood that the express covenants and agreements herein ' contained made by the Owner shall be the only covenants and agreements upon which any rights against the Owner may be founded. I ARTICLE 8 Time shall be deemed the essence of this Contract. r 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 or 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 thereof, 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 A -4 1 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. 1 IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals the day and year first above written or caused their corporate seals to be affixed, attested by the signature of their proper officer, as the case may be. III 1 FOR THE OWNER: E d1– 1 ,L.— .. - YJy �Q ti 0 r G /1. / -At Signa e Name 'Title / Date I I/We have the authority to bind the corporation. i ,, , eta„ L-� CAS 1 L Signature Name Title Date 1 I/We have the authority to bind the corporation. 1 FOR THE CONTRACTOR: 1 „ N ' ) 0 0 n Pe e,s i at/M- 4- f I r; / . -O , ,d ! 6 to > n k�C 2- m 1 Signature Name Title Date I/We have the authority to bind the corporation. 1 1 Signature Name Title Date I/We have the authority to bind the corporation. 1 1 1 Y:\ Project _Mgmt_Resources\Forms_Templates \Contracts \Contract Documents\A1- 4- 15Aug8.docx 1 1 Page 1 MUNICIPALITY OF KINCARDINE 1 NOTICE TO ALL CONTRACTORS CORPORATE STATEMENT OCCUPATIONAL HEALTH AND SAFETY ' The Corporation of the Municipality of Kincardine is committed to ensuring that a high standard of health and safety is provided and maintained for all employees' visitors, guests, contractors, agents and others on our premises. Accordingly, a corporate health and safety policy and procedure manual has been adopted and implemented and shall be adhered to. 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 1 Kincardine's health and safety policies and requirements. 2. Submit a copy of past accident records and Worker's Compensation Board Number. ' 3. Include health and safety provisions in their management systems to reach and maintain consistently a high level of health and safety. ' 4. Ensure that workers in their employ are aware of hazardous substances that may be in use at their place of work and wear appropriate personal protective equipment as may be 1 required. 5. Upon request at any time from award to completion of contract, submit proof of fulfilment of above responsibilities. 6. Must comply with Workplace Safety Insurance Board (WSIB) premiums. The Contractor shall sign-off on the corporate occupational health & safety form stating � rP P Y g his agreement to comply. ' Your co- operation and assistance in this matter is appreciated and vital to the Health and Safety of all. 1 1 Y:\Project Mgmt_Resourcefforms_Templates \Contracts \Contract Documents\KINCARDINE F Page 2 1 MUNICIPALITY OF KINCARDINE OCCUPATIONAL HEALTH AND SAFETY COMPLIANCE FORM ' I have read the "Municipality of Kincardine, Notice to All Contractors, Corporate Statement of Occupational Health and Safety" and agree to comply with it. 1 Contractor's Name Date 1 1 1 r 1 1 1 1 1 . 1 1 Y:\ Project _Mgmt_Resources\Forms_Templates \Contracts \Contract Documents \KINCARDINE I- 1 1 CONTRACT RELEASE (IN THE MATTER of a contract, known as Contract No. (entered into between ( the Owner ( AND ' ( (dated the Contractor , 20 (for the construction of ' (in , Ontario. KNOW ALL MEN BY THESE PRESENTS that I/We ' (name of Contractor, in full) for and in consideration of other good and valuable consideration paid by the Owner, have remised, released and forever discharged, and by these presents do for myself /ourselves, my /our heirs, executors, administrators and assigns or successors and assigns, as the case may be, remise, release and forever discharge the Owner, its successors and assigns, of and from all ' manner of action and actions, cause and causes of action, suits, debts, dues, sums of money, claims and demands whatsoever at law 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 ) Witness or Company Seal Date YAProject Mgmt_Resources\Forms Templates \Contracts \Contract Documents \Contract Release 15Jul15.docx 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. 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 (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 ' Canada Evidence Act ". DECLARED before me at the ) of ) in the County of ) this day of ) 1 A.D.20 ) ) 1 A Commissioner, etc. or Notary Public F: \wp \Contracts\Forms\Payment of Accounts.doc 1 1 STATUTORY DECLARATION RE LIENS & LIABILITIES DOMINION OF CANADA (IN THE MATTER of a contract, known as Contract I (entered into between ( the owner ( AND I ( (dated the Contractor 20 (for the construction of 1 (in Ontario. TO WIT: 1 I, of in the Province of do solemnly declare: I 1. That I am of the (President, Secretary, Treasurer, a Partner, etc.) Contractor named in the Contract above - mentioned and as such have personal knowledge of the facts I hereunder declared. 2. That all persons who have performed any work or service upon or in respect of, or placed or furnished any 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 have been held back by written agreement with any such subcontractors. 1 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. I 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. 1 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. I 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 ) this day of ) 1 A.D.20 ) 1 A Commissioner, etc. or Notary Public Y:\Project Mgmt Resources\Forms_Templates \Contracts \Contract Documents\Liens- 15Aug10.doc 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 II I Varies 1.5m Note 2 0.3m min Slope as specified BOULEVARD Concrete Slope 2 to 4% sidewalk 2 to 10� - f — R5 125mm R5 ..%`- R5 or granular I Note 1 base as specified TYPICAL SECTION 1 5 - i r- 5 I/ • • • . V) Y P Ex ansion • . '' Y •'• °` , ° Curb and gutter P � I joint material DUMMY JOINT Note 1 BOULEVARD R0.5m II Typ 5— r 0.25T : .v. r Typ Expansion • II w joints ••••• I Sidewalk bay CONTRACTION JOINT , :: Dummy 1 R5mm joints Typ 5 Typ ° • Y Contraction :. .o . . ; .: a) 3 joints, Typ _ o ' , v Y v U L Ol • ' • r V • + ' . . •� I- C JOINT LAYOUT I -I 1-- 12mm expansion joint material EXPANSION JOINT III NOTES: I 1 Sidewalk thickness at residential driveways A This OPSD to be read in conjunction and adjacent to curb shall be 15Omm. 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 I Rev I 1 .,- y CONCRETE SIDEWALK ' ' � OPSD - 310.010 1 1 1.5m min Note 2 1 i Expansion joint Finished rood material 150mm surface Slope 2 to 4% Note 1 • • . .t A • .. .../ .: :r. a .. • '• I... 1 ' . v• v, ' 'o R5 / Concrete sidewalk R5 ' ; 77 L Subgrade or granular base as specified I Curb and gutter as specified 5-1 r5 TYPICAL SECTION I :: • • •.• � ,. .J • .4 . c m • • : v Expansion . • ' • '. .. _ c joint material :... v , , • e Curb and gutter Note DUMMY JOINT I ' I I NII lilt 51{— r 0.25 r 1.5m I � I + Typ • T i ': • • i '• .Y � � Contraction } c c joint 3 "'P• • - '• -'' ; P Expansio S .. I � • joints e * I CONTRACTION JOINT '''41111111111111111111 I R5mm 5 Sidewalk bay 1 Typ Dummy joints 10 _v Typ CO 0 CO 3 r Contraction El • r : `• ...� . f- 4-- joint —1 L— 12mm expansion JOINT LAYOUT 1 joint material EXPANSION JOINT 1 1 NOTES: 1 At commercial and industrial driveways, the thickness shall be 200mm. 1 2 Sidewalk width shall be wider when specified. 3 This OPSD shall be read in conjunction with OPSD 310.030, 310.031, 310.032, 1 310.033 and 310.039. A All dimensions are in millimetres unless otherwise shown. ONTARIO PROVINCIAL STANDARD DRAWING ` Nov 2015 1 Rev 1 2 1 CONCRETE SIDEWALK vi, ADJACENT TO CURB AND GUTTER 1 OPSD 310.020 1 1 . Sidewalk DRIVEWAY DIMENSIONS 1 1 WIDTH m RADIUS LAND USE m One –Way Two –Way I o m min max min max min max Entrance Light Industrial, 4.5 7.5 7.2 12.0 4.5 12.0 v a Z Co and Apartment c° m r Dropped curb 1 1 Heavy Industrial 5.0 9.0 9.0 15.0 9.0 15.0 —1 I•---600mm min 1 j Dropped curb DETAIL A . See Table i I I ) 1- H Left .Om min, turn if required lane ROW Varies Sidewalk } 1 Entrance N ,........... 2oulevard 1 Concrete c urb or curb with gutter. PLAN See table for driveway radius I For entrance without curb or curb with gutter see Detail A I - 600mm mi Boulevard Entr n �- R 300 S idewalk Pavement surface ma Joint x ~max AV .. . •t max propp 1 Subdrain 1 NOTES: Subbase Base A All dimensions are in millimetres unless otherwise shown. I ONTARIO PROVINCIAL STANDARD DRAWING Nov 2009 !Rev I 1 . ST , URBAN ' 1 INDUSTRIAL, COMMERCIAL, AND % �- � ` APARTMENT ENTRANCES OPSD 350.010 820 --152 '. 612 -- 108 A 25 --I - 564 - — 64 N I ` -, N 6 32— r _ � 0 32 1 ,� , , 1 iI, i - ; - ; ; '1 , T rot 44 -- 11-ut-T co --1 1-- 38 N n �-- 3 � ;/ i /; ' 1 ': :: ; ' ' 1 co N:01 1 --- M -1 86 ?it) 1 , l; ; , , M Mt 76 76 r 1 " : ; : :: l; '1 11 J ,,. � , , , /';'' , , 1, , � 102 I-- �i 51 L I , . . , . N 11. 0o B = �— B co w T D N! I [:\c,:.- ` n D co aa i a�1 .{ 66 0 P I `:`, el -- 102 rm � 1 r 3 r ` ` `' v I y �� 5 5� /II I �� II UNs ` _ I �� } 1 n C cot \ r� �; + T— 19mm dia hinge pin, Typ GRATE PLAN SECTION C —C Hoisting hook rib, A 20mm, Typ Typ, OPSD 400.001 FRAME PLAN SECTION A —A R838 R4.57m 25mm 25mm 9 M fO 178 T YP - i r- --{ x - 657 f Typ 17 623 1 See Slot Detail � c o o - t � s� l � � „ ����/./ # ..1 L L LL I / f + /// II ^^ '� 32--i 1-- co r' / N 03 R25 R25 - - 11- -13mm, Typ Wier 2 °° III ° c° M r41 1 1 NOTES: SECTION D —D SECTION E —E 1-105- 1 610 1 105- -1 I A This OPSD shall be read in conjunction with OPSD 610.010 and 610.020. ,2,51 --- SECTION B —B B All dimensions are in millimetres unless otherwise shown. \ a-- r5 -� � ONTARIO PROVINCIAL STANDARD DRAWING Nov 2013 Rev 2 , s av, .! 48 CAST IRON, SQUARE FRAME WITH `V 1`., %� R14.5 SQUARE OVERFLOW TYPE DISHED GRATE FOR SLOT DETAIL CATCH BASINS, HERRING BONE OPENINGS OPSD 400.010 INI 1.1 me — — EN I I— um gm as me — — — OM M= I Mill a a N a all A a M M MN a MI — M CIS INA a V U o Dropped curb at 0 a) entrances ° o i° Typ — 100mm — Thickness 25 — - 300 - 50 1 150 1 Note 2 25 --' I 300 50 I-150 of sidewalk Typ Typ - r , A �e I 'P _ /� —T � 'P '10` q-°) o N M � 'S � h ill V . • i 1 i i ' .------- ° i a i o r. In 0 E ` i E �, • . w-. �n o . Ln Note 3 _ N o 1 N o 1 ° i ciz T J. v . ••a' Note 3-- : J N Z ./.. J ° : ° . v _ i • ..- Note 3 --S • 1 For flexible 500 I _. I-- 50 [ 500 50 pavement For rigid pavement 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 5mrn 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 ONTARIO PROVINCIAL STANDARD DRAWING Nov 201 !Rev! AN rail where it shall be according �� ; to the OPSD 900 Series. - V3) D All dimensions are in millimetres CONCRETE BARRIER CURB - unless otherwise shown. WITH STANDARD GUTTER , OPSD 600.040 , 1 1 1 - 440 - - 210 205 — 25 Dropped curb x y, - A at entrances tit M 1 • M .. e: O to . " •' • • - ° • Note 3 For flexible 25 L. ] 1 pavement 465 For rigid pavement 25x75mm III keyway centred in concrete base Note 1 and 3 1 1 NOTES: 1 When curb and gutter is adjacent to concrete pavement or base, this drawing shall be used in conjunction with OPSD 552.010 and 552.020. 2 Flexible and composite pavement shall be placed 5mm above the adjacent edge of gutter. 3 For slipforming procedure a 5% batter is acceptable. A Treatment at entrances shall be according to OPSD 351.010. 1 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 to the OPSD 900 Series. D All dimensions are in millimetres unless otherwise shown. ONTARIO PROVINCIAL STANDARD DRAWING Nov 2012 !Rev I2 1 CONCRETE MOUNTABLE C URB ' ��' WITH NARROW GUTTER OPSD 600.100 I I I 1 — Dropped curb III at entrances 150 —1 of I sidewalk I Finished road j �° �� '. .. ° o _ Z surface + ' �__ - h -- a� • :. ' o o in 1 i : ' ' • • : Note 2 --- • : i 1 F 250 1 Additional width when sidewalk III is adjacent to curb 1 1 NOTES: 1 When sidewalk is continuously adjacent, the dropped curb at entrances shall be reduced to 75mm. 2 For slipforming procedure a 5% batter is acceptable. I 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 I a minimum length of 3.0m, except in conjunction with guide rail where it shall be according to the OPSD 900 Series. D All dimensions are in millimetres unless otherwise shown. 1 ONTARIO PROVINCIAL STANDARD DRAWING Nov 2012 !Rev 12 , V:i.... 1 CONCRETE BARRIER CURB OPSD 600.110 1 A Saw cut Semi — mountable or Back of curb or joint, Typ mountable curb with gutter EP Hot mix Curb Barrier curb with gutter -, Face Mortar ' I'' I' I' I_ _1' I' I' 1' See Details 20mm max 1 P— . a• �..7 below 5 Typ of curb D S%c) L'� .7'"N'itlilliffilli Gutter I :. '‘ 1/ - /— EP Adjustment units, �/" AA / / //� OPSD 704.010 '. '+^ A ' Granular B O O B base I' SECTION A -A i Frame with grate A f' Pavement - 125-- • •° ' •-•— Gutter line PLAN • •:: A 10 • . a Saw cut Top of curb Taper: length 150mm max Top of or joint, Typ depth 5mm min pavement — Typ a . ./Z/ ./Z/ I . I • - Hot mix ! ��������\ \ �� \:' BARRIER CURB SEMI — MOUNTABLE or MOUNTABLE Typ CURB WITH GUTTER DETAILS . ' 25 °... :.'' 4 .:... . �. ' Gutter line 10 NOTE: SECTION 8 -B Granular base Typ ° A All dimensions are in millimetres unless otherwise shown. ° :: • : ' , ONTARIO PROVINCIAL STANDARD DRAWING Nov 2009 Rev i 1 , _ 4 CATCH BASIN FRAME WITH GRATE (V) ••• ' � //. INSTALLATION AT •." BARRIER CURB WITH GUTTER • CURB WITH GUTTER O PS D 610.010 — 111111 . ON all MI MI MI 111111 Ili al — la NS OM r MI M S awl 1 ALTERNATIVES I Riser 't' _ ms q i - a . A section Monolithic base 01500 .. Tapered top o Bench or sump a , ; ' See alternatives D �� . • as specified 1 and E p Note 1 : P' A a — I Granular ► d _ ° d I J L• bedding - _ - • - Riser sections ., t _== fs� `_ _ ` �. i J as required 01200 A PRECAST MONOUTHIC BASE • ; -i A • 1. /• •• Riser Transition slab . 1 section 1-150 See alternative C J '` i 01500 1 I1_ 0 1 5 00 :. a, v 3 00 ill ` 150 .. -, 300mm mox o E :,:. " • 300 Riser sections o TYP Bench or sump :e. :• A as required E as specified _, • "o. ► of Note 1 • .. . • : • •$. Bench or sump ° ' 0 ° 0 300 . • . ; '.:•4 ' as specified e a. , '� ��,'. °° r - s - t.." '1 Note • 1 T 12 , - _ � - = _ _:.J Precast slab base " . e • • . . ` Granular Steel reinforcement • See alternatives • •'° • . •o . • • • • • - ° _ .: 4 A bedding as specified A and B .j.. -.:;:'.;,.:..,--:1 ; B CAST —IN —PLACE BASE k . Riser I Granular 300mm — section 01200 bedding Typ i I NOTES: I ill! 1 For sump detail, see OPSD 701.010. Riser a A Granular backfill shall be placed to a section 0150 i I minimum thickness of 300mm all around the maintenance hole. C TAPERED TRANSITION SLAB B Precast concrete components shall be according to OPSD 701.030, 701.031, 701.040, Flat cap plum I 701.041, 703.011, 703.021, and 706.010. C Structures exceeding 5.0m in depth shall Riser 01200 include safety platform according to section OPSD 404.020 or 404.021. I D Pipe support shall be according to D 1200mm PRECAST FLAT CAP OPSD 708.020. I E For benching and pipe opening details, ��� see OPSD 701.021. Fiat cap F For adjustment unit and frame installation, 01500 see OPSD 704.010. Riser I G All dimensions are nominal. section H All dimensions are in millimetres unless otherwise shown. E 1500mm PRECAST FLAT CAP 1 ONTARIO PROVINCIAL STANDARD DRAWING Nov 2014 I Rev I 5 (,- s� PRECAST CONCRETE 1 MAINTENANCE HOLE , .!_L 1500mm DIAMETER OPSD 701.011 I Pavement Curb with Pavement Curb with 1 gutter 1 I gutter 1 Grate reference elevation 450mm 4'1 j* .''1 Frame to be Typ l n — } — Rn --1-- `n f set in a full di Standard frame n. - - + - -r g — — _iti cLJ— 1.= ` mortar bed with grate " _ i _g p��p maximum to p��p T Typ II0��0 EN MIMEO EN first step OMIIIMIN=1El p MUM= p DI•MEll0 Typ F7 IMIIIIIIIIIIIN0 Ell MIIIMMIllEll o Note 1 p i � Adjustment units: minimum of one maximum of three Typ 300mm First e T yp to be adj set ustm f unit l 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 Lap wire 150mm or butt weld. Maintenance hole step Note 2, Typ - _ Round or square Note 1 r frame with grate or cover Adjustment units for 1 � maintenance holes — Adjustment units with round openings. Note 3 for catch basins Available in sections L with square or continuous units. - — openings. Use butyl tape r r Available in between unite. I I N o t e 3 sections or I + continuous units. Use butyl tape ( :::=2 ) (:::::) 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 ' ONTARIO PROVINCIAL STANDARD DRAWING Nov 2014 1Revi 3 .4n, unit f 10mm. ____ 3 Round and square adjustment units PRECAST CONCRETE ADJUSTMENT UNITS are available in sizes of 50, 75, 100, 150, and 300mm. FOR MAINTENANCE HOLES, CATCH BASINS, ; :��`' AND VALVE CHAMBERS OPSD 704.010 MI MB - - O 11111111 - OM MI OM MI tilt M MO MI MI 1111111 MO - A 111 1÷ ` 150mm overlap. Typ ALTERNATE STANDARD I II HEIGHTS - - } ALTERNATIVE DIMENSION A 1980 B_ - - - - - -- B B 1830 C 1520 - WWR 185mm 2 /m D 1380 -T_.. _ ••4 each way 1 A 1 PLAN 830 830 1 115 600 115 115 600 --1 115 co Ei II .... 12 m _c N Knockout - i • T o .c 5 Typ Note 2 s Note 2 250 4. c °o . c o : p 9 ' o cn T.. • ; o WWR E ii o 0 185mm o o v E ao c E o. •: Outlet hole ° E each w ay N co m E T Note 1 o T a O E • v f•- � 4) o c n ' • • all sides . .7-r- T 300mm Typ L' L:J in Granular I 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. I A Centre reinforcing in base slab and walls F All dimensions are in millimetres t2Omm. unless otherwise shown. B Granular backfill shall be placed to a minimum thickness of 300mm all around the catch basin. 1 ONTARIO PROVINCIAL STANDARD DRAWING Nov 2014 I Rev 13 S� .. ta p I PRECAST CONCRETE CATCH BASIN v, sooXsoomm OPSD 705.010 I PIPE IN SUPPORTED PIPE IN UNSUPPORTED - PIPE IN SUPPORTED EXCAVATION Finished surface —N. EXCAVATION ."— Finished surface EXCAVATION t 1 — Note 4, Typ ."--- Subgrade 0.50 , Permanent —� =g or temporary .- :; : -; :_ - ..'- - o support system _ 4 r .� ;� - • �i'� - j ,.., ` y_ - s Backfill material 1 li • • • For pipe culvert frost treatment z° p p - 1.5 Clearance 1 • ••300mm min' \ Typ II Note 3 \ See table, Typ 1-'s • T i / �... 0 300mm min N TY PE 1 OR 2 ,� ' :: ...� \" TYPE 3 W 150mm .;;,...... min, Typ— SOIL SOIL _0.5 0.50 0.50 Bedding grade Note 2 Note 2 PIPE IN SUPPORTED PIPE IN UNSUPPORTED LEGEND: EXCAVATION EXCAVATION Finished surface 0 — Inside diameter N 0.50 Subgrade s i n. '..: NOTES: 1 ;31 ; :.r • . ., '7.! . i % 1 •. ;' , 1 Height of fill is measured from the finished surface to top of pipe. - r 1 . 5 1 , • f . ' -.� - - � 2 The pipe bed shall be compacted and shaped to receive the bottom 0 of the pipe. 1 Backfill material For pipe culvert frost 3 Pipe culvert frost treatment shall be according to OPSD 803.030 ■ iiil treatment, Note 3 and 803.031. 4 Condition of excavation is symmetrical about centreline of pipe. Bedding grade CLEARANCE TABLE A Granular material placed in the haunch area shall be compacted 0.5 Pipe Clearance p p TYPE 4 Inside Diameter prior to placing and compacting the remainder of the embedment N t 0 SOIL mm mm material. 900 or less 300 B Soil types as defined in the Occupational Health and Safety Act and Regulations Over 900 500 for Construction Projects. ONTARIO PROVINCIAL STANDARD DRAWING N 201 !RevI 3 C All dimensions are in metres - N unless otherwise shown. FLEXIBLE PIPE 1 t�Yj; EMBEDMENT AND BACKFILL �_ EARTH EXCAVATION OPSD 802.010 me No ems ON MS IN 411141 MN lit Wili al NM lin NO MO MN MIS it NI 1 1 A 1 Main sewer Drainage structure __ -� ' \� I i i ) Flow 1 1 Flow ■ E `, ` E Perforated pipe subdrain o [ filter wrapped Note 2 A 6.0 , 1 Subdrain pipe end capped PLAN or filter wrapped 1 A: 1 1 f. 4' . i is Some invert elevation Note 1 1 :a . 1 SECTION A -A I NOTES: 1 Where concrete bedding is used for the main sewer, the pipe subdrain shall be placed 150mm above the top of such bedding. I 2 Subdrain pipe shall be cored into maintenance hole. A Maintenance hole benching shall accommodate pipe subdrain, as required. B All dimensions are in metres unless otherwise shown. 1 ONTARIO PROVINCIAL STANDARD DRAWING Nov 2013 I Rev I 3 ���_ PERFORATED PIPE SUBDRAIN IN GRANULAR TRENCH M AIN STORM SEWER CONNECTION ' �' TO DRAINAGE STRUCTURE OPSD 809.010 I I Gooseneck Gooseneck 1 i 1 i 0 1 _) 1 HORIZONTAL GOOSENECK VERTICAL GOOSENECK OPTION Finished grade v 1 m i N /- 1 o 0 o Slide type service box E E •c L Watermain drilled or tapped _ Notes 2 or 3 . j = I! °$ Main stop, Note 1 ME Curb stop with rod Concrete support l Bedding as specified 200x200x 100mm VERTICAL SECTION NOTES: 1 For plastic service pipes, install main stop B Couplings shall not be permitted unless 1 at 15' above horizontal with a minimum the service length exceeds 20m between 1.2m long gooseneck. the main stop and curb stop. 2 Direct tap ductile iron pipe with approved C All water services shall be installed 90' tool with standard AWWA inlet thread. to the longitudinal axis of the watermain. 1 3 Service connections to plastic watermains D Backfill material within 500mm of service shall be made using service saddles or box shall be native or imported, as 1 factory made tees. specified. A When specified, the vertical gooseneck E All dimensions are in millimetres option shall be used. unless otherwise shown. ONTARIO PROVINCIAL STANDARD DRAWING Nov 2013 I Rev 1 3 ,,o 1 WATER SERVICE 7 y CONNECTION ° % .. 1 19 and 25mm DIAMETER SIZES OPSD 1104.010 1 1 , 1 1 Finished grade -�■■■,. -_ - 1 J l i v o a 1 o co o O I N a iv 03 I E 0, O U o E N O S lide type service box I E c 1 Si Saddle Si rii i //"II, 1 r . ♦♦ Main stop # g lel. alai. Pg •INIE ■ Vii NT .... 7_ ,/ Curb stop y °a •` • 1 Bedding as specified with rod Concrete support I 200x200x1 00mm I II NOTES: A Couplings shall not be permitted unless the service length exceeds 20m between P 9 the main stop and curb stop. I B All water services shall be installed 90 to the longitudinal axis of the watermain. C Backfill material within 500mm of service box shall be native or imported, as specified. D All dimensions are in millimetres unless otherwise shown. 1 ONTARIO PROVINCIAL STANDARD DRAWING Nov 2013 !Rev 12 * WATER SERVICE -, c'' 0-- III CONNECTION s,„„._.., 32, 38, and 50mm DIAMETER SIZES OPSD 1104.020 1 1 55 4 ate. 1 fit I WO rit I ' , te e etal lic 1' I �tting �� l ,� yp , N VP- rrn ( 9 tee . (4 1 , 1 1 i ` 110 g.0 2 � JoN 1 OP 1� An ode; T� p ) '� t 1 . � too 1 Not �� � . 1 ft t ing rng' r(� S vd dl �• , tee i �;n 9 I ? VG res tN Nlet Stop i cu l" d P °5 e 5t an 5 e riic pro metal Groun c co, 1 NOTES: 1 Anode shall be placed at least 1.0m away from the water system pipe and appurtenances and as deep as the bottom of the pipe and appurtenances. Minimum distance between anodes shall be 1.0m. 2 Anode connecting wire shall be loosely wrapped around pipes and fittings and knotted. 3 Protective coating shall be applied to all thermite welds. A All dimensions are in metres unless otherwise shown. ONTARIO PROVINCIAL STANDARD DRAWING Nov 2008 I Rev I 1 , � I CATHODIC PROTECTION FOR �'� PVC i WATERMAIN SYSTEMS OPSD 1109.011 _ 1 All I - - S MI - l- r I- - s OM = N I NO Moisture proofing sealant Bare wire and abrade all smooth surfaces of insulation Insulating putty Anode header wire 25mm min— —25mm min b _ __ I ,,,, _ //,.. r �� Waterproof tape C Tap, solder, or thermite weld Anode wire ONTARIO PROVINCIAL STANDARD DRAWING Nov 2015 !Rev 1 1 440 sr;,, NOTE: WATERPROOFING , 1' A All dimensions are in millimetres l'i unless otherwise shown. OF SPLICES OPSD 1109.025 1 Plywood template 75mm minimum 1 See OPSD 2215.02 concrete cover 3 p � i t* 0 a.�To �l l li 10M ye1oo o ';'.o .J PLAN PLAN 1 0 0 75 2.. 6 . k 75 / Plywood template 5mm set level. Remove i. d 5 eep 0mm groove wide x slo2ped ' to finish concrete to provide drainage after initial set 20mm chamfer l I Anchorage , g Note 1 1 o 1 o 0 i 1 I . 1 + Finished grade 1 1 ) 1 Fibre tubing 1 formwork, 600mm co 0 m % i 75mm sleeve minimum depth X Note 3 o '3 50mm \ 50mm 13 -10M ties 1 flex ducts \ flex ducts See table for `� number of 10M $ 0 l50mm c/c ��_��a� �� siv 100-1 — ties 0 450mm 50mm mm,Typ c/c rigid PVC 50mm 50mm coupling 75mm r i a id rigid PVC duct te 2ee 50mm coupling I Iff] n 8 -20M rods u) ELEVATION LAYOUT ELEVATION REINFOR POLE BURIAL ROD NO. OF 10M BOLT CIRCLE DIA I LENGTH DEPTH LENGTH A TIES 0 450 FOR METAL POLES Sectil m H m mm c/c Aluminum Steel Steel 5.6 2.15 3.00 100 3 N/A N/A 449 1 NOTES: 7.0 2.15 3.00 100 3 N/A N/A 449 1 For anchorage assembly see OPSD 2215.02. 7.5 2.15 3.00 100 3 406 406 N/A 2 Minimum of two sleeves required for each 8.7 2.45 3.30 250 3 N/A N/A 449 1 concrete footing. Three sleeves as specified. 9.0 2.45 3.30 0 4 406 406 N/A 3 Remove formwork above finished grade after 10.5 2.60 3.45 100 4 406 406 449 initial set. A For pole mounting details see OPSD 2215.03. 12.0 2.75 3.60 150 4 406 406 N/A B All dimensions are in millimetres unless 13.6 2.90 3.75 0 5 406 406 N/A otherwise shown. 15.1 3.05 3.90 100 5 406 406 N/A N/A — Not applicable ONTARIO PROVINCIAL STANDARD DRAWING Nov 2010 Rev 0 / )6 RAISED CONCRETE FOOTING 1 `� 0 I FOR BASE MOUNTED LIGHTING POLES °J OPSD 2200.011 1 1 1 I 300 mm NDS GRATE C/W SCREWS W MEI I POLYETHYLENE PIPE ADAPTOR AVAILABLE 200 TO 300 WHERE REQUIRED 1 200 mm to 300 mm 1 ADAPTOR DETAIL 1 1 \\W /4ckwi4S\' I I i _ \\\w/A\w/A\-.A.yvii I ����iA��J 1 1 SMOOTH WALL I POLYETHYLENE J I 1 PIPE RISER VARIES 1.0m MIN. 111 i , 1 ----- -- - — -----------/) 90' BEND 1 TEE FOR PIPE SIZE 1 SEE CONTRACT DRAWINGS AND /OR TENDER FORM 1 1 BMROSS STANDARD DRAWING DATE OF REVISION - Jan, 2004 1 g —7 engineering better communities Polyethylene !Mine Catch Basin DRAWING No. 700 1 . 1 REPLACEMENT SECTION AFTER 1 COMPLETION OF TESTING, FLUSHING AND DISINFECTION OPERATIONS GATE VALVE TO BE LEFT 1 IN PLACE AND INCLUDED 1 IN TESTING, FLUSHING, DISINFECTION AND SWABBING TEMPORARY THRUST ITEM SOLID SLEEVE BLOCK SOUR SLEEVE OR 1 p i-CAP CAP BELL END i NEW OR EXIST N_____ ° } .. / GATE VALVE NEW 5�_ `. _,`s:• EXIST. 8 1 i v g GATE VALVE (TYP) (SAMPLE TAP ALSO USED ji -.--- FILL OR BY -PASS FOR CHLORINE INJECTION NN CONNECTION (MINIMUM SIZE AND PRESSURE TESTING) AS PER TABLE BELOW) L BACKFLOW PREVENTOR 1 DEVICE LIMIT OF PAYMENT (TO BE INCLUCED IN TESTING, _ F 1 LUSHING, DISINFECTION AND SWABBING ITEM) 1 FLOW REQUIRED SIZE OF TAP (mm NUMBER OF OPEN TO PRODUCE 64mm PIPE 0.76m/s (APPROX) 1 DIAMETER VELOCITY IN 25 I 38 I 51 HYDRANT MAIN OUTLETS mm Vs NUMBER OF TAPS ON I PIPES 100 6.3 1 — 1 1 150 12.6 — 1 — 1 200 25.2 — 2 1 1 1 250 37.9 — 3 2 1 300 56.8 — — 2 2 1 400 109.9 — — 4 2 1 1 BMROSS STANDARD DRAWING DATE OF REVISION - Jan, 2004 1 4116, SCALE : N.T.S. Temporary Watermain Connection ,,,)BMROSS_ engineering better communities Typical Configurati DRAWING No. 1101 1 i r i APPENDIX A 1 EATON CAR CHARGER I INSTALLATION AND SERVICE MANUAL t 1 i 1 i I 1 1 1 1 Effective Mdreh 2015 Instruction Manual IMOEV00000E Supersedes December 2013 1 Installation and service manual dual AC Level 2 1 electric vehicle supply equipment (EVSE) 1 L - - -T' Contents z " _ ■ - +� = Description Page m m m .m Important safety instructions 2 Symbols and definitions 2 N About the dual AC Level 2 EV charging station 3 Installing the electrical service 4 I Instructions for opening door latch 5 "' Installing to the premise 6 Termination and configuration 9 I — Confirming installation and first use 11 Specifications 14 51 E.T Appendix 15 1 d 1 1 is 1 I 1 1 1 For more information, visit E / Er. N Eaton.com/plugin, call I _ 1- 855- ETN -EVSE (1- 855 - 386 - 3873), or call your local Eaton sales office. Powering Business Worldwide 1 1 Instruction Manual IMOEV00000E Installation and service manual dual AC Level 2 Effective March 2015 electric vehicle supply equipment (EVSE) safety instructions—please ty p lease read Definitions AC— Alternating Current. The type of power available in most Q WARNING ELECTRICAL buildings and on utility poles. The dual level 2 EVSE protects Users 1 and vehicles by allowing AC power to flow through it to the vehicle. THIS EQUIPMENT SHOULD BE INSTALLED, ADJUSTED, AND SERVICED BY The vehicle then converts the AC to DC (direct current) to charge the QUALIRED ELECTRICAL PERSONNEL FAMILIAR WITH THE CONSTRUCTION traction battery. AND OPERATION OF THIS TYPE OF EQUIPMENT AND THE HAZARDS INVOLVED. FAILURE TO OBSERVE THIS PRECAUTION COULD RESULT IN ADA—Americans with Disabilities ACT. DEATH OR SEVERE INJURY ALC—Available Line Current. The charger tells the vehicle through READ THIS MANUAL THOROUGHLY AND MAKE SURE YOU UNDERSTAND the J1772'" connector's pilot pin how much current (in amperes) it THE PROCEDURES BEFORE YOU ATTEMPT TO OPERATE THIS EQUIPMENT. is allowed to pull on the circuit. This allows the vehicle to not exceed the circuit's maximum current rating. THE PURPOSE OF THIS MANUAL IS TO PROVIDE YOU WITH INFORMATION NECESSARY TO SAFELY OPERATE, MAINTAIN, AND TROUBLESHOOT THIS EVSE— Electric Vehicle Supply Equipment. EVSE is a general term EQUIPMENT. KEEP THIS MANUAL FOR FUTURE REFERENCE. used for all of the equipment used to supply electricity to the 1 vehicle, such as the Eaton dual AC Level 2 EVSE. DO NOT USE THIS PRODUCT IF THE EV CABLE IS FRAYED, HAS DAMAGED GFCI— Ground Fault Current Interrupter. GFCI protects Users from INSULATION, OR ANY OTHER SIGN OF DAMAGE. faults involving leakage currents going to ground, rather than the DO NOT USE THIS PRODUCT IF THE ENCLOSURE OR THE EV CONNECTOR proper return path of the circuit. IS BROKEN, CRACKED, OPEN, OR SHOWS ANY OTHER INDICATION O J1772" The SAE Recommended Practice for conductive charging 1 DAMAGE. of hybrid and electric vehicles. This standard spells out the physical DO NOT USE THIS PRODUCT IF THE [VI CHARGING COUPLER/INLET IS dimensions of the J1772 connector and the pilot communication 1 BROKEN/DAMAGED. between the plug -in vehicle and EVSE. Pilot—The signal through the J1772 connector. This signal tells both INTENDED FOR USE WITH PLUG -IN ELECTRIC VEHICLES ONLY. the vehicle and the EVSE when both are ready to charge and how much current it is allowed to pull. This signal is a SAE standard. 1 PREMISE VENTILATION NOT REQUIRED. Plug session —The time while the EVSE is plugged into a vehicle. DO NOT DRILL HOLES OR MODIFY ENCLOSURE SUCH THAT THE NEMA ®/IP It starts by plugging in the J1772 connector and ends when RATINGS ARE COMPROMISED. unplugging the same connector. THE INFORMATION CONTAINED IN THIS MANUAL IS SUBJECT TO CHANGE SAE — Society of Automotive Engineers. The group that organizes 1 WITHOUT NOTICE, and leads committees of transportation experts to create standards, such as J1772, for the transportation industry. Symbols and definitions TB—The Terminal Block is where the incoming field power will be 1 terminated in the EVSE unit. A WARNING ELECTRICAL Traction battery—The large battery on a plug -in electric vehicle that is used to store and release energy for propulsion. This is different THIS SYMBOL INDICATES HIGH VOLTAGE. IT CALLS YOUR ATTENTION than the 12 V battery that is used to start the vehicle initially and run TO ITEMS OR OPERATIONS THAT COULD BE DANGEROUS TO YOU AND accessories such as the radio. OTHER PERSONS OPERATING THIS EQUIPMENT. READ THE MESSAGE AND FOLLOW THE INSTRUCTIONS CAREFULLY. 1.11—The User Interface part of the unit. 1 ■ WARNING INDICATES A POTENTIALLY HAZARDOUS SITUATION WHICH, IF NOT AVOIDED, CAN RESULT IN SERIOUS INJURY OR DEATH. ® CAUTION INDICATES A POTENTIAL HAZARDOUS SITUATION WHICH, IF NOT 1 AVOIDED, CAN RESULT IN MINOR TO MODERATE INJURY, OR SERIOUS DAMAGE TO THE EQUIPMENT. THE SITUATION DESCRIBED IN THE CAUTION MAY, IF NOT AVOIDED, LEAD TO SERIOUS RESULTS. IMPORTANT SAFETY MEASURES ARE DESCRIBED IN CAUTION (AS WELL AS WARNING). ® IMPORTANT 1 INDICATES A PARTICULAR ITEM OR INSTRUCTION THAT IS IMPORTANT TO CONSIDER. Note: Save these instructions. , 2 EATON www.eaton.com 1 1 Installation and service manual dual AC Level 2 Instruction Manual IIVIOEV00000E electric vehicle supply equipment (EVSE) Effective March 2015 1 About the dual AC Level 2 Replacement parts list EV charging station Table 1. Replacement parts list I Eaton's dual AC Level 2 charging station is electric vehicle Part Part number supply equipment (EVSE) and is compatible with the Society of Protection and Control Board (PCBA) Consult factory Automotive Engineers J1772 standard for charging plug -in hybrid and all electric vehicles. 30 A cable / connector assembly 91153636020 The dual Level 2 EV charging station has several safety features: 48 A and 70 A cable / connector assembly 9115363604 O Ribbon cable for user interface 9105361601 • Protects users with interlocked power —the cable and pins Standard dual user interface unit Consult factory have no power on them until the connector is safely plugged into I a vehicle Credit card dual user interface unit Consult factory • Protects users from temporary faults —and automatically resets Contactor 240 V, 30 A 9'115362601 so no user interaction is needed 0 Contactor 240 V, 50 A 4105362602 • Instructs the vehicle on how much current to draw —keeps the Contactor 240 V, 70 A 9115362602 I upstream circuit protection from 'nuisance tripping' 0 Consult with your local sales office to confirm availability. • Allows integration into authorization and management systems — keeping only authorized personnel able to use units and power ADA standards for accessible design usage levels to predefined levels It is very important to consider all standards for accessible design See "Specifications" section on page 14 for more details. for Americans with Disabilities when choosing the location and placement of all electric vehicle supply equipment. O Automatic reset feature must be enabled during installation — see page 13 and Table 10 for more information. The Department of Justice has assembled an online version 1 of the official 2010 standards to increase its ease of use. This Moving, transporting, and storage instructions version includes: Store this unit indoors and in its original packaging until it is ready • 2010 Standards for State and Local Government Facilities Title II to be installed. Storage temperature should be between –30 °C • 2010 Standards for Public Accommodations and Commercial I and +80 °C. When moving or lifting the unit, always grasp the unit Facilities Title Ill enclosure. NEVER attempt to lift, move, or carry the unit by the EV cable. DO NOT carry the unit by the cable hook assembly. For information about the ADA, including the revised 2010 ADA regulations, please visit the Department's website www.ADA.gov; 1 Improper storage or handling may cause damage to the unit. or, for answers to specific questions, call the toll -free ADA Information Before you begin Line at 800 -514 -0301 (Voice) or 800 - 514-0383 (TTY). ® WARNING ELECTRICAL I ONLY QUAIJRED PERSONNEL FAMILIAR WITH THE OPERATION AND CONSTRUCTION OF THIS EQUIPMENT SHOULD INSTALL, ADJUST, MODIFY, AND SERVICE THIS EQUIPMENT. FAILURE TO FOLLOW THE INSTRUCTIONS COULD RESULT IN SEVERE BODILY INJURY OR DEATH. 1 ® I MPORTANT I THE USER IS RESPONSIBLE FOR CONFORMING TO AU. LOCAL AND NATIONAL ELECTRICAL CODE® STANDARDS APPLICABLE IN THE ENVIRONMENT THAT THE EVSE IS BEING INSTALLED AND COMMISSIONED. 1 1 1 1 1 1 EATON www.eaton.com 3 Instruction Manual IMOEV00000E Installation and service manual dual AC Level 2 Effective March 2015 electric vehicle supply equipment (EVSE) 1 Installing the electrical service Q WARNING ELECTRICAL Checking the electrical requirements LOCKOUT/TAGOU T ALL ELECTRICAL SOURCE CIRCUITS FEEDING THE The National Electrical Code, Article 625.21 states "Overcurrent UNITS) IN THE OPEN POSITION BEFORE BEGINNING WIRING OR TERMINATIONS. FAIWRE TO FOLLOW THE INSTRUCTIONS COULD RESULT protection for feeders and branch circuits supplying electric vehicle supply equipment shall be sized for continuous duty and shall have IN SEVERE BODILY INJURY OR DEATH. a rating of not Tess than 125 percent of the maximum load of the electric vehicle supply equipment" A load study of the location's electrical service may be needed to determine the availability of it WARNING adequate electrical service. Take the nameplate amperage rating DUAL LEVEL 2 UNITS WILL HAVE TWO SEPARATE FEEDS. THE TWO of the dual Level 2 EVSE and multiply by 125% for the minimum DISTRIBUTION BREAKERS SHOULD BE INTERLOCKED UPSTREAM TO upstream circuit protection that is needed. This NEC article implies ENSURE PROPER DE- ENERGQATION OF BOTH SIDES. 1 that the dual will require two separate circuits. Check your local jurisdictions for any other electrical requirements. Running the wires ® WARNING Once proper ern installed, THIS UNIT IS RATED FOR INDOOR OR OUTDOOR INSTALLATION. IF THIS the prpe electrical overcurrent devices have beenstalled, Once need o be run from it er the dual EVSE. For a typical i UNIT IS MOUNTED OUTDOORS, THE HARDWARE FOR CONNECTING THE w CONDUITS TO THE UNIT MUST BE RATED FOR OUTDOOR INSTALLATION installation, the only field wires will be for the incoming electrical AND BE INSTALLED PROPERLY TO MAINTAIN THE PROPER NEMA 3R service. If the EVSE has a Level 1 option, additional service and RATING ON THE UNIT. 1 wiring will be needed. The dual AC Level 2 EVSE operates on two single -phase service feeds each consisting of two hots and one ground. e IMPORTANT Note: Use copper conductors only. CONFIRM WITH THE LOCAL ELECTRICAL REQUIREMENTS FOR THE GAUGE, 1 TEMPERATURE BATING, AND TYPE OF WIRE MATERIAL USED FOR THE OVERCURRENT RATING FOUND BELOW. THE CHART SHOWS A GENERAL it IMPORTANT RECOMMENDATION. THE DUAL 30 A LEVEL 2 EVSE REQUIRES TWO DEDICATED 208/240 VAC 40 A UPSTREAM BREAKERS. Table 2. Electrical wire chart Upstream Suggested Suggested wire THE DUAL 70 A LEVEL 2 EVSE REQUIRES TWO DEDICATED Style Nameplate breaker size wire type temperature rating 208/240 VAC 90 A UPSTREAM BREAKERS. Wallmonet THE DISTRIBUTION BREAKERS FOR THE DUAL EVSE SHOULD SCR_B O 30 A 40 A Copper 75 °C BE INTERLOCKED. THIS WILL HELP ENSURE BOTH ARE SCR_D t0 70 A 90 A Capper 75 °C DE- ENERGIZED AT THE SAME TIME. Pedestal 1 SDR_B ® 30 A 40 A Copper 75 °C THE ADDITION OF A 120 VAC RECEPTACLE REQUIRES D DEDICATED 125% RATED UPSTREAM BREAKER. SDR_D ,O 70 A 90 A Copper 75 °C 0 Additional catalog characters will follow. DO NOT USE GFCI BREAKERS. GFCI EXISTS IN EVSE AND ON EATON RECOMENDED 120 VAC RECEPTACLE. THE END USER IS RESPONSIBLE FOR ALL ARC -FLASH HAZARD CATEGORY INFORMATION. 1 FOR UNITS WITH CIRCUIT BREAKER 60 A OR GREATER, END USER MUST INSTALL DISCONNECT MEANS CONSISTENT WITH NEC REQUIREMENTS — ARTICLE 625.23. 1 THIS EVSE IS NOT SUITABLE FOR LOCATION AS IDENTIFIED IN NEC ARTICLE 500 (CLASSIFIED LOCATIONS). The dual AC Level 2 product is designed to include a mounting 1 provision for a customer supplied 120 Vac receptacle for field installation upon commissioning. Eaton recommends Cooper Wiring Devices by Eaton 20 A receptacle with ground fault 1 (COOPER VGF2OGY) and the NEMA 3R receptacle cover (GARVIN WPCV1 GWIU). For details on termination, see page 9. 1 1 4 EATON www.eaton.com 1 I Installation and service Manual dual AC Level 2 Instruction Manual IMOEV00000E electric vehicle supply equipment (EVSE) Effective March 2015 I Instructions for opening door latch Step 3 p 9 Step 1 Rotate the handle counter - clockwise to release latch as shown in Facing the charging station, locate the door latch on the right side of Figure 3. The door should pop open. the unit as shown in Figure 1. " xti _ . 1 , __,,,„.., .,. ,. , _ I ,,.... 1,0 ...,..4,......„....„... .__., . .., ii . _. . , ..... . i ::.:---.--..-, A .,...,_ ,, ,_- . 1 .. 1 „--, I Figure 3. Rotate handle to release latch Figure 1. Door latch I Step 2 Insert key into lock and turn counter - clockwise (for new installations the key will come already in the lock). Once unlocked, the latch should pop outward as shown in Figure 2. 1 -ff > 1 ' I 1 qR .. S : 1 1 Figure 2. Unlocked door latch 1 i EATON www.eaton.com 5 Instruction Manual IMOEV00000E Installation and service manual dual AC Level 2 Effective March 2015 electric vehicle supply equipment (EVSE) Installing to the premise Mounting to a wall The three typical installation methods of installing Eaton's dual AC Preparing the site Level 2 EVSE's to the premise are found below. Some installations Once a proper site has been chosen and the electrical service has require installing the wallmount style of EVSE to a wall or unistrut. been run to the location, you can begin installation. Choosing a location CAUTION 1 ® IMPORTANT D0 NOT MOUNT OMIT TO ONLY STUCCO/DRYWAUIWALLBOARD. DO NOT THINGS TO CONSIDER BEFORE CHOOSING A LOCATION TO MOUNT USE TOGGLE BOLTS, ZIP ANCHORS, OR PLASTIC WALL ANCHORS MEANT FOR THESE MATERIALS BECAUSE THEY DO NOT HAVE THE STRENGTH THE UNIT NEEDED TO SUPPORT THE UNIT. THE UNIT MUST BE MOUNTED TO A 1. STANDARDS FOR ACCESSIBLE DESIGN. SOUD SUPPORT SUCH AS WOOD, CONCRETE WALL, CONCRETE BLOCK 2. CONSULTATION WITH AN ARCHITECT MAY BE NEEDED IN ORDER WALL, OR EQUIVALENT TO CONFORM TO ALL GOVERNING STANDARDS FOR LOCATION AND PLACEMENT OF ELECTRIC VEHICLE SUPPLY EQUIPMENT. Step 1 3. LOCATION OF AN AVAILABLE MOUNTING SUPPORT —THE WALLMOUNT Remove the mounting plate from the back of the EVSE unit by UNIT MUST BE ANCHORED INTO A MOUNTING SUPPORT STUD OR SOUD placing the unit on a solid non- scratch surface and opening the CONCRETE WALL, USING MOUNTING HARDWARE THAT IS APPROPRIATE unit by turning the latch on the side. Remove the three nuts on the 5 -16 carriage bolts that attach the mounting THE SURFACE ON WHICH YOU ARE MOUNTING. DO NOT MOUNT THIS g g late to the unit. The 1 plate TO A STUCCO/DRYWALL/WALLBOARD. location of these mounting studs can be seen in Figure 4. Save 4. LOCATION OF AN AVAILABLE ELECTRICAL SOURCE —POWER WIRES these nuts and washers as they will be needed to re attach the unit MUST BE RUN THROUGH AN APPROVED CONDUIT OR JACKET FROM THE later in the installation. CIRCUIT PANEL TO THE UNIT. Step 2 1 5. LOCATION OF THE VEHICLES CHARGING INLET WHILE PARKED— Using the mounting plate as a template, mark the holes to be used THE UNIT MUST BE LOCATED SO ITS RESPECTIVE CABLE LENGTH IS for mounting. Make sure the mounting plate is level. If mounting on CORRECTLY SIZED TO WHERE THE VEHICLES INLET IS ACCESSIBLE FOR a wood stud wall, use the two center holes. If mounting on a solid PLUG -IN WITHOUT UNDUE MANEUVERING. wall such as concrete, brick, or concrete block, use the four outside 1 6. HEIGHT OF THE CONNECTOR DOCK MUST BE BETWEEN 24 AND 48 square holes. INCHES WHEN INSTALLED TO COMPLY WITH ADA AND NEC STANDARDS. Step 3 7. COMMUNICATIONS CONNECTIVITY —ENSURE EVSE WITH CELLULAR Pre drill mounting holes if mounting into a wood stud or drill COMMUNICATION CAPABILITY ARE INSTALLED IN AREAS WITH A SIGNAL STRENGTH ABOVE -85 DBM. appropriate sized holes in a solid wall for use with the type of 1 anchor you will be using. Step 4 Attach mounting plate to the wall as shown in Figure 5. If installing 1 on a wood stud, use 5/16 -inch or 3/8 x 3 inch long lag screws and washers. These should be galvanized or stainless steel for weather protection if mounting outdoors. If mounting onto a concrete block 1 or brick wall, use an appropriate anchor for the type of wall on which you are installing the unit. Again, these should be appropriate for weather conditions if mounting outside. Step 5 1 After the mounting plate is secure to the wall, mount the EVSE unit to the mounting plate using the washers and nuts removed in Step 1. 1 1 1 1 1 6 EATON www.eaton.com 1 1 Installation and service manual dual AC Level 2 Instruction Manual IN/10E1/00000E electric vehicle supply equipment (EVSE) Effective March 2015 I • E o IM R1 — ir HO i . WALL Y CO G PL HOLE LOCATION FOR WALL MOUNTING PLATE I 11 0 CONCRETE 1lG WITH 51401 CAEVSE B _ CONCRETE WAIL CONCRETE _ s - ra 0 r TO EAST V BOLTS. --<`" 1 • BLOCK BRICK OR PUSH ON NUT RHO POPS MiT `) . > 1 CHANNEL STRUT USING THESE HOLES , °•.:0.1 1 l r I S ECTION E.E SCALE I A I J / rsfm1j— 0.0001 —70. 314 IN ( ... i .2a -1/ CUTOUTS iI 0 0 I 11.00171 C T C `""ROCUiO M 16.70121 sF' AMIN f •� 0 0 lu • I I 1 ! -r-1. r ' WAIL R®E ENCLOSURE MOE I Figure 4. Unit and mounting plate I WALL mamma PLATE / .' I HOLE LOCATION FOR 1 MOUNTING WITH i j f CONCRETE WALL, CONCRETE — S \ , BLOCK. LST T T CHANNEL STRUT I I I 111 i I WALL MOUNTING PLATE J ,, fl MOUNTS TO EVSF. VGA 540 X I" CARRIAGE BOLTS. —. �� I PUSH ON NUT AND KEPS NUT •� 1 USING THESE HOLES. ® 6 O , s I I Figure 5. Typical wall mounting 1 I EATON www.eaton.com 7 Instruction Manual IMOEV00000E Installation and service manual dual AC Level 2 I Effective March 2015 electric vehicle supply equipment (EVSE) Mounting to unistrut I . POLE MOUNT W /CROSS Once a proper site has been chosen and the electrical service has BRACES I been run to the location, you can begin installation. Step 1 Remove the mounting plate from the back of the EVSE unit by placing the unit on a solid non - scratch surface and opening the unit by turning the latch on the side (for details, see "Instructions for I opening door latch" on page 5). Remove the three nuts on the 5 -16 carriage bolts that attach the mounting plate to the unit. The �,; location of these mounting studs can be seen in Figure 4. Save these nuts as they will be needed to re -attach the unit later in I the installation. Step 2 F 1 Using the mounting plate as a template, determine where the should be placed to be used for mounting. Cross -arms I should be used to avoid twisting that can occur in areas of high wind ;At, or in situations of heavy use. Make sure the mounting plate is level. If mounting on a single pole, use the two center holes. If mounting utilizing cross -arms, use the four outside square holes. I Step 3 Attach mounting plate as shown in Figure 6 and Figure 7. Use WALL MOUNTING PLATE HOLES appropriate hardware making sure it is galvanized or stainless steel LOCATION FOR MOUNTING WITH I for weather protection if mounting outdoors. CONCRETE BLOCK, BRICK OR CHANNEL STRUT Step 4 After the mounting plate is securely attached to the mounting Figure 6. Typical unistrut mounting I structure, mount the EVSE unit to the mounting plate using the nuts and washers removed in Step 1. ...--.9,w - _.,.. I D OVAL EVSE WALL 18.043i .F_ M OUNT / w^ EcTENSION PATE • CROSS BRACE _ ,,, /J _ E. 1 I_ n I CLEARANCE I ROLES 4tQUNTWa {WOO, _ = �!!OLES i - --- CROSS BRACE - a 1.1 . I V CLEARANCE I HC?LES 1804 SINGLE UNISTritJT --- -� &SBA I 4 88 I I I I I I GROUNO� I 0 Figure 7. Dimensional detail for unistrut mounting I I 8 EATON www.eaton.com I 1 Installation and service manual dual AC Level 2 Instruction Manual IIVIOEV00000E electric vehicle supply equipment (EVSE) Effective March 2015 1 FRONT of Pedestal Station 1.00 1.50(2) .... 5.15 1.50(2) (REF) 1 \ ED. . ED ./(57 0.500 (f>) 1 1.75(2) 1 i ED . • 1 4.13(2) 1 . 1 . 1 1.00(REF) 1.1 Figure 8. Base pedestal detail for EVSE 1 Pedestal floor mounting Termination and configuration Preparing the site I Once a proper site has been chosen and the electrical service has d WARNING ELECTRICAL been run to the location, you can begin installation. LOCKOUT/TAGOUT ALL ELECTRICAL SOURCE CIRCUITS FEEDING THE Step 1 UNITS) IN THE OPEN POSITION BEFORE BEGINNING WIRING OR TERMINATIONS. FAILURE TO FOLLOW THE INSTRUCTIONS COULD RESULT I Open door using the latch on the side of the unit (see "Instructions IN SEVERE BODILY INJURY OR DEATH. for opening door latch" on page 5 for details). ONLY QUALIFIED PERSONNEL FAMILIAR WITH THE OPERATION AND Step 2 CONSTRUCTION OF THIS EQUIPMENT SHOULD INSTALL, ADJUST, MODIFY, 1 Remove the bottom pan by pulling upward and then angling outward. Best if performed when door is held opened. AND SERVICE THIS EQUIPMENT FAILURE TO FOLLOW THE INSTRUCTIONS COULD RESULT IN SEVERE BODILY INJURY OR DEATH. Step 3 Wire terminations The hole pattern for the base of the pedestal mount is shown in For a typical installation, the only field wire terminations will be the I Figure 8. Eaton recommends using six, 3/8 UNC Grade 5 stainless incoming electrical service wires. For a remote management system bolts torqued at 50 ft -lb for mounting base to the ground. Mounting connection via Modbus ®, a three -wire shielded cable for RS -485 hardware is not included. communications will be required. Note: If using a concrete pad, please be mindful of the overall height I of the unit due to ADA compliance. Please reference www.ada.gov for Electrical service wires more information. Terminate the incoming electrical service wires to the dual Level 2 EVSE's provided terminal block, following the designations for each 1 wire; L1, L2, and G (see Figure 9). 1 1 EATON www.eaton.com 9 Instruction Manual IMOEV®OOO ®E Installation and service manual dual AC Level 2 I Effective March 2015 electric vehicle supply equipment (EVSE) 1 BACK VIEW SUM (tenrina°colors: Grounding Terminal (Omni: Green = grounding terminal Connection for bare —,— —• Silver _whila marines 1 ° copper or green adro /-;\ J Brass = hD[ terminals ° ' ° • 1 en LINE ° I ° ° i ° I UpE _c HOttNinailnl(ereaal: ■ Connection 1ortMs l � '' ° i White terminel(Sihrerk Q e!! UPE cable's black FEED z � 14' � ' I i ° ° � ( � f ' • ° Connection (D the LIME p C # • Yi wire s,® I cables white vane l4 , i Li giN191K• FEED L2 - ' 1.1 �r,� 3 4 • Ayellowaticksr ° FEED 2 L2 ` i ° . !3 covers the LOAD L 1 1.a terminals. Do not ��, 0 ' Q • • FEED - !� . . 0 - - J romowtha karat 1 FEED2 G2 \\ \ • ' r • fhiS iD16. FEED LOAD 1 GI FEED 1 Gt White termi {SiMerl: _ � , 4 I I i _ LOAD Correction for tile + ti Ii _ + Het terminal Wass): LOADcablo'swhite wire 1 Connectieaferthe Figure 9. Dual pedestal contactor installation group _ i .—, LOAD cable's Neck (left 30 A and right 70 A) +,} wire, Figure 11. Instructions for Level 1 -120 Vac receptacle 1 ill 17 0 s r.' ,i . _ � o .� r I, 1 fq A bide FEED 2 G2 i ]( z FEED 2 L1 FEED 2 G2 i• rn,� O •I 1 L2 " r FEED 1 Lt FEED 2 LL.Y 1 L2 L1 FEED 1 G1 FEED 1 G9 FEED 1 L2 Figure 10. Dual wall component mounting plate group 7 . 1 (left 30 A and right 70 A) Note: Torque for incoming field service wiring- 22.1 -26.6 in-lb (2.5 -3.0 N•m) Figure 12. GFCI receptacle location — reference only —use copper conductors only. Control wires Grounding instructions A two-wire shielded Belden cable for Modbus communication may This product must be connected to a grounded, metal, permanent be needed based upon the configuration of your EVSE. Terminate wiring system; or an equipment - grounding conductor must be these wires before applying the electrical service wires. If none are run with the circuit conductors and connected to the equipment present, skip this step and go to the next section. grounding terminal. Level 1 -120 Vac receptacle RS-z72 ( � 1 COMMON DATA LINE B i SHIELD • The dual AC Level 2 product is designed to include a mounting CONNECTION TA LINE provision for a customer supplied 120 Vac receptacle for field ___ installation upon commissioning. Eaton recommends Cooper uuuuu ■L_LI�( O ' Wiring Devices by Eaton 20 A receptacle with ground fault O O ®O 5 4 3 2 1 gaim (COOPER VGF2OGY) and the NEMA 3R receptacle cover J12 J11 (GARVIN WPCV1GWIU). When used, perform the wiring '110 instructions outlined in Figure 11. J1 MODBUS RTU CONNECTIONS 14 1 I 14 2 — 15 3 J7 16 4 17 5 RELAY O 0 x ( } } 6 Lr ,9 20 7 RELAY EV 1 20 8 21 9 22 10 23 11 24 12 J2 D©aa PCB-GND 0 nano 0 Figure 13. Control wiring 10 EATON www.eaton.com 1 11 Installation and service manual dual AC Level 2 Instruction Manual IMOEV00000E electric vehicle supply equipment (EVSE) Effective March 2015 I Confirming installation and first use 1 Power Power Power Paw >r Ready a Er = ��N Ready Ready . E_7•N a Ready Connected Connected Connected Connected Cho ins ' ELECTRIC VEHICLE charging Charging ELECTRIC VEHICLE Charging CHARGING STATION .... A.,- .::.:, CHARGING STATION a.m,r.r, j • • al MIIIIIIIIMI • q„n • • `.. ,••. • U og ts a card? Press 1 or 2 to Using a caN ) Fallow selec ectar Follow rnsoctions i . a card reads . .n.e ..., .:_ • card reader display n.... r,.... on connector to vehicle Dual user interface Dual user interface —credit card only i loon / Ught Mink Steady U I 1 Payment / Authorization Needed Unit Ready for Charge Session 1 ' /�' Vehicle Connected, EVSE Ready, Vehicle Charging ' /� Waiting on Vehicle el Rate of Charge Controlled Remotely Rate of Charge Controlled 1 and Charging Set to INACTIVE Remotely and Charging ACTIVE i Slow fading blink Side Ready to be Selected. Note: From this state, more time NA can be added if vehicle is actively I charging by selecting the side again. Display states: Select a Side Side #1 (Left) Selected. User has 5 I Minutes to Provide Payment. Note: User can still change mind and Bright blink select other side if payment not made NA yet. I Side #2 (Right) Selected. User has 5 Minutes to Provide Payment. Note: User can still change mind and NA B right blink select other side if payment not made yet. I Figure 14. Status indication for normal operation I Step 1 Step 4 Ensure that the electrical service wires are landed according to this After boot -up, the power ICON will be either STEADY or BLINKING manual. Make sure the station access door is closed and locked. per Figure 14. If this is not the case, please verify that all incoming service connections are landed appropriately and that the distribution Step 2 breaker is in -tact. If the power ICON still does not appear, please call 1 Power ON the distribution breaker. technical support at 1- 855 -ETN -EVSE (1- 855 - 386- 3873). Step 3 Step 5 During initial EVSE boot -up, the user interface will cycle all ICONs. If the power ICON is BLINKING, authorization is needed. Please I refer to the 'Authorization needed" section on page 12. If the power ICON is STEADY, please proceed to the next step. 1 I EATON www.eaton.com I I Instruction Manual IMOEV00000E Installation and service manual dual AC Level 2 I Effective March 2015 electric vehicle supply equipment (EVSE) 1 Step 6 Automatic reset feature If a SAE J1772 compliant electric vehicle is available, please connect From the factory, the EVSE is set to automatically reset after a the EV connector to the vehicle inlet. You may also use an Eaton temporary fault. The user has to manually disable the automatic 1 vehicle simulator, part number EVSETESTB. reset feature if desired. Step 7 The EVSE will automatically reset a limit of five times before the The CHARGING INDICATOR will begin to blink. user is locked out. 1 Step 8 c =1 S � ° 11 • sn ° � ��; o o �r it Q irm *lski ,,.,,, N 1 o ? °v`e v " _x 7 ,lt o v ' i f: Almost immediately, the vehicle will engage a charge session (the j( TI, IMAM • " ''� + L- contactor will close and power will be supplied to the vehicle). Pr� 1.� I I t °`ate 9 _._ • �:� ' `• ;' r I See Ta 9 in the Appendix, for more details. f, 1 - , s i. 1 Step 9 1 7—` tad x„ N " �c o %a~ " Kt When power is being supplied to the vehicle, the CHARGING ou or 74 •cea ` z M .711.1, w. ; e an. e. ° mit . _ t• r i�� s INDICATOR will move from a BLINK status to STEADY status, — �'ot � , (f '� f . a ti m , a L' :.. ' — - oat a "— I op signifying that current is flowing to the vehicle. R x r ` 1t �! , co. • L° jL� ' ] �;- , z 4, =, , 1 .. �, y.s , ,tt . 1 �� i .�� ' t Step 10 It r } s. c41, It. •. a• ita:v hrp (ft:� sa: s ti j + • J - -J1 1 r t4 v ow ',J." o t aim - a►- -. You may now remove the connector from the vehicle at your leisure. SAl t • 1 L Authorization needed MA yzi If authorization is needed, the Power ICON will have a BLINK \z "'' ! - I °,5 0 ►� — IL pattern. This signifies to the end user that either payment activation rdi8� �" +✓ 1-1101 or RFID authorization is needed. i platjwnl8 4* , 6La : * ! ; � 1 g Jat tod Ground fault test I 1ZiD2iSl8 - F, - jx} ' Figure 16. Enabling /disabling automatic reset ; 1 ' E_i■N Ready C7'"°" °'•'9•'• During installation, the automatic reset setting can be either left • ELECTRIC VEHICLE • �TwNa • CHARGING STATIO enabled as it came from the factory, or the user can decide to 1 m • ® disable the feature. To enable or disable this feature, a service technician must change the position of a DIP switch on the "... ®� °' control board. • ° . ' • To enable automatic reset: DIP switch block SW2, position 6 must 1 Figure 15. Ground fault test be ON • To disable automatic reset: DIP switch block SW2, position 6 The ground fault detection feature is self tested every time the unit must be OFF starts a plug session to charge a vehicle. A user can manually test 1 the ground fault feature at any time by pressing and holding the reset button for approximately seven seconds (each side should be tested independently). If the test passed successfully, the fault light will flash once. If it detects a problem, the power icon will turn off 1 and the service light (wrench icon) will have a medium single blink until power is cycled to the unit. See Table 9 in the Troubleshooting section in the Appendix, for more details. DIP switch settings 1 6 CAUTION MODIFYING THE DIP SWITCH CONFIGURATION OF THE UNIT COULD CAUSE THE UNIT NOT TO OPERATE AS DESIRED. PLEASE ONLY MODIFY DIP SWITCH SETTINGS IF YOU ABSOLUTELY UNDERSTAND THE IMPACT 1 TO THE UNIT. Dual Level 2 EVSE has two protection and control boards. Each of these has its own DIP switch configuration. Each board DIP 1 switch configuration should be identical and is set at the factory. The following DIP switch details should be followed for each protection and control board respectively. 1 1 12 EATON www.eaton.com 1 1 Installation and service manual dual AC Level 2 Instruction Manual IMOEV00000E electric vehicle supply equipment (EVSE) Effective Mardi 2015 I For board replacements or basic confirmation of settings, Table 3 contains the explanation of the DIP switch settings found in SW2 SW1 I the corner of the Eaton protection and control board (EPCB) near the RS -232 serial port, labeled SW1 and SW2. TABLE 3. DIP switch settings i DIP DIP co FNI CO switch switch block position Feature On Off Description SW2 1 Voltage US 120 V US Voltage configuration configuration 208/240 V of the unit. For 120 V FF r-_ �!P!, configuration —a wire ' MI jumper is included between L2 and N as shown in Figure 15 ON (c, l to SW2 2 Operating 60 Hz 50 Hz North America is 60 Hz I SW2 3, 4, frequency Reserved for Reserved for factory use S� and 5 factory use E `D E LE) SW2 6 Auto -reset Enabled Disabled Default in enabled after fault position SW2 7 Soft start Default in OFF position. If ON, the EVSE will ON E „. perform a ramp up of current to the Available Line Current (ALC) or nameplate rating over a 30 second time period. This is done through the SAE J1772 handshake with the vehicle by ON co ON ' modifying the duty cycle on the pilot signal. — SW2 8 Download Default in OFF position, used to install new firmware updates from the SD card slot. For ON {,t ON rJ more details, please consult factory. _. I SW1 1 Reserved Default in OFF position r for factory SW1 2 and 3 RS 485 Defaults in ON position. See baud rate z El baud rate DIP switch Table 4. 0 0 I SW1 4, 5, 6, 7, RS -485 Defaults in OFF except for position 8, i.e., 0x01. and 8 address Range 0x00 to Ox1F using binary addressing (most significant bit being SW1— position 4). Figure 17. DIP switch settings for a 208/240V, 60 Hz, 30 A dual Level 2 EVSE with auto -reset enabled I Table 4. RS-485 baud rate DIP switch Band rate SW1— position 2 SW1— position 3 9600 Off Off I 19200 Off On 38400 On Off 115200 On On 1 There is a "Power Up Delay" that is a random amount of time between 3 and 10 minutes for units that are plugged into vehicles after a power outage. This ensures charging sessions are started at 1 different times across your fleet. 1 1 1 1 1 EATON www.eaton.com 13 Instruction Manual IMOEV00000E Installation and service manual dual AC Level 2 1 Effective March 2015 electric vehicle supply equipment (EVSE) Specifications Table 7. I/O apecifications P pec�ica tions The Eaton dual AC Level 2 EVSE is compliant with the following °es"'pt1O" walnnounc Pedestal standards: J1772 Pistol Grip EV connector Same as output rating I • Society of Automotive Engineers (SAE) J1772 EV conductive Permissive run contact NC dry contact input charge coupler and station Available line current control 4 -20 mA analog input • UL® 2231 personnel protection systems for EV charging circuits RS 485 Modbus-RTU four -wire port • UL 2594 EV supply equipment (outline of investigation) Memory SD memory slot Field diagnostics and upgrade port RS -232 DB9 (HyperTerminal support) • UL 1998 software in programmable components Mounting provision for Recommended: the Cooper Wiring Devices • Canadian Standards Association (CSA ®) C22.2.107 120 Vac receptacle by Eaton 20 A receptacle with ground fault 1 • FCC compliant, Part 15 (COOPER VGF20GY) and the NEMA 3R receptacle cover (GARVIN WPCV1 GWIU) Table 5. Electrical and mechanical specifications Description 30 A 70 a Table 8. Optional specifications 1 Incoming voltage 208/240 Vac 120 Vac ,O Description YYallmount Pedestal Line 1, line 2, earth ground Through -feed (daisy chain) No Yes Input frequency 50/60 Hz compatible Upstream breaker size 40 A 90 A Credit card processing PCI -DSS Output voltage Same as incoming RFID basic Basic lock /unlock with card or keyfob Output frequency Same as incoming Open ChargePoint protocol (OCPP) I Output amperage— 30 A 70 A maximum continuous Interlocked power output Yes Overcurrent rating Output amperage +5% Ground fault interruption 20 mA (UL 2231 -1 / UL 2231 -2 personnel protection) Automatic reset after DIP switch selectable enable /disable nuisance trip feature (default enabled) Randomized restart an power failure Yes 1 (delay before charging resumes after (randomized across a time range a power failure) to stagger power up across deployments) Mechanical operations 10,000 cycles (EV connector, replaceable) 100,000 cycles (contactor, replaceable) I Incoming field electrical service 22.1 - 26.6 (2.5 -3.0) terminal block torque in in-lb (N•m) Incoming Modbus connections 4.4 -5.3 (0.5-0.6) terminal block torque in in-lb (N•m) ,O When optional Level 1 receptacle is present. I Table 6. Physical and environmental specifications Description Walimount Pedestal Dimensions in inches (mm) 30.13 x 15.37 x 11.23 50.03 x 16.41 x 8.35 (HxWxD) (765.3 x 390.4 x 285.2) (1270.8 x 416.8 x 212.1) Status indicators 6 LEDs: Power, Charging, Complete, Remotely Controlled, I Temporary Fault, and Service Pushbuttons 2 buttons: Override and Reset Type rating 3R Temperature—operating 0 –30 °C to +50 °C Temperature — storage –40 °C to +70 °C I Humidity 90% RH, noncondensing ,O 70 A is 40 °C maximum temperature. 1 1 1 14 EATON www.eaton.com 1 1 Installation and service manual dual AC Level 2 Instruction Manual kl0EV00000E electric vehicle supply equipment (EVSE) Effective March 2015 I Appendix 1 Table 9. EVSE fault or error user interface indicators Power • Pow • Read Read y • E_'[•N y r I Connected • • Connected Charging ELECTRIC VEHICLE ing CHARGING STATION ` ' r r n • ® al i 'auk • Using a card Follow instructions on card reader display Attach connector to vehicle I Credit Card only user interface not shown. Troubleshooting applies to all dual configurations. Note: Shown below is right half of user interface only. The conditions are the same on both halves of the user interface. Whet is happening? Pattern Cause Reconunandation I All indicator lights are off N/A No electricity to unit Tum on circuit feeding the unit with the breaker or fuse in electrical panel Secondary overcurrent device has detected Service technician should inspect unit Read,' a problem and tripped (for )0X style units) and reset internal overcurrent device Conn. I Charging User interface cable unplugged Service technician should plug in user interface a Control board damage from overcurrent Call service technician m or surge 1 .. Only wrench indicator is lit Slow 0 single blink C Lockout error —the same temporary fault has Cycle power to the unit by turning off /on the occurred three consecutive times or a more breaker or fuse. Inspect the unit for damage to I ,rr ° serious fault was detected the cable, connector Read, Conn. w Medium a0 single blink 0 Ground fault detection failed self -test Cycle power to the unit, but if continues, • Charging call a service technician Steady on Permanent error — installation wiring. Call a service technician. Confirm 120 V I CO Internal contactor or control board has failed between L1 and N. Replace contactor or control board. _' Exclamation point and charging Exclamation point —slow 0 single flash O Detected an overcurrent, Press Reset button (to right) and currently not charging —or— Pow ,, charge —slow O single flash 04 Wait for unit to automatically reset O Reads Exclamation point —fast © double flash ® Pilot signal error from a dirty connector or Unplug and try again. If continues, Connitd and damaged cable or from a dirty vehicle inlet call a service technician to clean or Charging charge —slow t0 single flash ® replace cable /connector and /or bring the vehicle in for service. m Exclamation point — steady ON Detected a ground fault, Press Reset button (to right) I and currently not charging —or— n blue charge —slow t0 single flash 40 Wait for unit to automatically reset OO I Wrench and charging is blinking Service wrench —slow 0 single flash ® Vehicle's pilot signal has Unplug and try again. If continues, and a diode malfunction bring the vehicle in for service. Power blue charge —slow O single flash Ready Connected Cheryinp 1 ... 0 "Slow" equals a duration of about 1.5 seconds. ® A Flash indicates that the light fades to ON and fades to OFF. C A Blink indicates that the light is instantly ON then OFF. 0 Automatic reset feature must be enabled during installation— see the installation leaflet. I OO "Medium" equals a duration of about 1/4 of a second. © "Fast" equals a duration of about 1/8 of a second. 1 EATON www.eaton.com 15 Instruction Manual IMOEV00000E Installation and service manual dual AC Level 2 Effective March 2015 electric vehicle supply equipment (EVSE) 1 1 1 1 1 1 1 1 1 1 For more information, 1 visit Eaton.com /plugin, call 1- 855 -ETN -EVSE (1- 855 -386- 3873), or call your local Eaton sales office, 1 Eaton 1000 Cleveland, O H Boulevard 4 44122 Clevnd, H 412 United States Eaton.com Electrical Sector Canadian Operations 5050 Mainway Burlington, , O ON L7L 5Z1 Canada EatonCanada.ca © 2015 Eaton F.T• All Rights Reserved Eaton is a registered trademark. Printed in USA Publication No. IMOEV00000E / Z16366 All other trademarks are property Pawering Business Worldwide March 2015 of their respective owners. 1 SERVICES AND SUBSCRIPTION AGREEMENT THIS SERVICES AND SUBSCRIPTION AGREEMENT ( "Agreement ") is made as of August 11, 2016. BY AND BETWEEN: (1) ZECO SYSTEMS, INC. a company incorporated in the State of Delaware, and having its registered address situated at 156 2n Street, San Francisco, CA 94105 ( "Greenlots "); and (2) Municipality of Kincardine a corporation having its address at: 1475 Concession 5, RR 5, Kincardine ON N2Z 2X6 (Subscriber"), (each a "party" and collectively the "parties "). WHEREAS: (A) Greenlots is a global manufacturer of turnkey charging networks for electric vehicles, including software and services, and trades commercially under the name "Greenlots ". In connection with the operation of the Greenlots business, Greenlots also owns the "Greenlots SKY" software system with the features described in Annexure A (the "Licensed Software "). (B) The Subscriber is an owner and /or operator of Charging Stations and wishes to register its Charging Stations (as defined below) on the Greenlots Charging Network and to avail itself of the Greenlots Charging Network Services (as defined below) in respect of such Charging Stations on the terms and subject to the conditions set out in this Agreement. (C) To enable the Subscriber to use the Greenlots Charging Network Services, Greenlots shall grant a non- transferable and non - exclusive license of the Licensed Software to the Subscriber on the terms and subject to the conditions set out in this Agreement. OPERATIVE PROVISIONS In consideration of, among other things, the mutual agreements and obligations contained in this Agreement, the parties agree as follows: ARTICLE 1 DEFINITIONS AND INTERPRETATION 1.1 Definitions. As used in this Agreement, the following terms have the following meanings: "Business dav" means a day (other than a Satuhday, Sunday or public holiday) on which banks in the United States of America are open for general banking business. "Charging Session" means a session during which a Customer is using the Subscriber's Networked Charging Station to charge his or her electric vehicle and which lasts for a continuous period of time commencing when a Customer has accessed such Networked Charging Station and ending when such Customer has terminated such access. "Charging Station" means an electric vehicle charging station owned or leased by the Subscriber. "Collection and Processing Fees" means the fees charged by Greenlots for the management, collection and processing of Session Fees on behalf of the Subscriber and the remittance of any balance to the Subscriber. "Confidential Information" has the meaning set out in Article 10. "Customers" means drivers who avail themselves of charging and other services from any Networked Charging Station; "Fees" has the meaning set out in Section 5.1. "Greenlots Services" means, collectively, the various software service offerings made available for subscription from time to time by Greenlots. "Greenlots Marks" means the various trademarks, service marks, names and designations used in connection with the Greenlots products and services, including, without limitation, the mark "Greenlots ". "Initial Term" shall mean the period commencing on the date of the agreement on page 1. "Insolvency Event" shall be deemed to have occurred, in relation to any person or entity, when such person or entity files, or consents to the filing against it of, a petition for relief under any bankruptcy or insolvency laws, makes an assignment for the benefit of creditors or consents to the appointment of a receiver, liquidator, assignee, custodian, trustee or other official with similar powers over a substantial part of its property; or a court having jurisdiction over such person or entity or any of the property of such person or entity shall enter a decree or order for relief in respect thereof in any involuntary case under any bankruptcy or insolvency law, or shall appoint a receiver, liquidator, assignee, custodian, trustee or official with similar powers over a substantial part of the property of such person, or shall order the winding -up, liquidation or rehabilitation of the affairs of such , and such order of decree shall continue in effect for a period of sixty (60) consecutive days. "Intellectual Property Rights" or "IPRs" shall mean all intellectual and industrial property rights of whatever nature anywhere in the world and all rights pertaining thereto, whether recorded or registered in any manner, or otherwise, including without prejudice to the foregoing generality, patents, trademarks, registered designs (including applications for any of the same), copyright, design rights, semi - conductor topography rights, database and software rights, mask works, trade secrets, know -how, business names, trade names, brand names, domain names and all other legal rights anywhere in the world protecting such intangible property. "Licensed Software" shall have the meaning set out in Recital (A). "Networked Charging Stations" means any Charging Stations that have been registered and activated on the Greenlots Charging Network. Each charge connector or charge port is considered as one Charging Station. "Services" has the meaning set out in Section 4.1. "Session Fees" means the fees set by the Subscriber for a Charging Session, including any applicable Taxes and /or Regulatory Charges. "Subscribed Services" means any Services subscribed for by the Subscriber. "Subscriber Data" has the meaning set out in Section 6.3. "Term" means (i) the Initial Term, and (ii) each Additional Term, unless this Agreement is terminated earlier pursuant to Article 8. 2 "Territory" means the territory where the subscriber has active operations. "$ CAD" means the currency of Canada. 1.2 Interpretation. 1.2.1 References to Recitals, Sections and Annexures are, unless otherwise stated, to recitals and sections of, and annexures to, this Agreement. 1.2.2 References to any enactment (meaning any statute or statutory provision and any subordinate legislation made under any such statute or statutory provision) shall be construed as references to (a) any enactment which that enactment has directly or indirectly replaced (whether with or without notification), and (b) that enactment as re- enacted, replaced or modified from time to time, whether before, on or after the date hereof. 1.2.3 Words importing the singular include the plural and vice versa, and references to persons include any individual, bodies corporate or unincorporated, partnerships, joint ventures, associations, joint stock companies, trusts or other entities or organizations, including governments or political sub - divisions or agencies or instrumentalities thereof. 1.2.4 The headings to the Articles, Sections and Annexures are for convenience only and shall not affect the construction or interpretation of this Agreement. ARTICLE 2 GREENLOTS RESPONSIBILITIES 2.1 Greenlots Responsibilities. Subject to the terms and conditions of this Agreement, Greenlots agrees to (a) operate, maintain, administer and support the Greenlots Charging Network and (b) provide the purchased Services to the Subscriber and its Networked Charging Stations. 2.2 License of Licensed Software. In connection with its obligations under Section 2.1, Greenlots hereby grants to the Subscriber, and the Subscriber hereby accepts, a non - transferable and non - exclusive right and license to use the Licensed Software in the Territory for the duration of the Term, together all rights, title and interests past, present and future, in and to the Licensed Software for the purposes of participating in the Greenlots Charging Network and using the Greenlots Services. 2.3 Limitations. Greenlots shall not be responsible for, and makes no representation or warranty with respect to, the following: (i) continued and uninterrupted availability of sufficient electrical power to any of the Subscriber's Charging Stations and consequently any failure or interruption to the Greenlots Charging Network and the Greenlots Services; (ii) continued and uninterrupted availability of any wireless or cellular communications network or Internet service provider network services necessary for the continued operation by Greenlots of the Greenlots Charging Network and /or the provision of the Greenlots Services; and /or (iii) any Charging Stations that are not Networked Charging Stations. 3 2.4 Non - Exclusive Basis. The participation of the Subscriber and its Networked Charging Stations and the provision of the Greenlots Services to the Subscriber shall be on a non - exclusive basis and Greenlots shall, at all times and at any time, be entitled to permit similar participation and provide similar services to any other party, whether such party is a competitor of the Subscriber or otherwise, without restriction on such terms as Greenlots may at its sole discretion determine without reference to the Subscriber. ARTICLE 3 SUBSCRIBER RESPONSIBILTIES 3.1 Subscriber's Responsibilities. The Subscriber shall be responsible for: (a) notifying Greenlots of any new Charging Stations to be registered as Networked Charging Stations (which shall include providing Greenlots with full specifications and descriptions in relation to each such Charging Station) and to register and activate such new Charging Stations on the Greenlots Charging Network; (b) operating and maintaining the Networked Charging Stations in compliance with all applicable laws and contractual obligations; (c) providing Greenlots with advance written notice of the relocation or decommissioning of any Networked Charging Stations or of Networked Charging Stations which are non - operational or not intended to be replaced or repaired by the Subscriber; (d) the maintenance and updating of all customer information; (e) all invoicing and customer payment matters; and (f) assisting to obtain any permits, licenses or regulatory approvals as may be required for the use by the Subscriber of the Greenlots Services. 3.2 Subscriber's Representations and Warranties. The Subscriber represents and warrants to Greenlots that: (a) it has the power and authority to enter into and be bound by this Agreement; (b) all Networked Charging Stations and any electric vehicle charging products used with such Networked Charging Stations have been properly installed and are operated in a duly authorized manner; (c) the electrical usage to be consumed by Subscriber's Networked Charging Stations will not violate or otherwise conflict with the terms and conditions of any applicable electrical purchase or other agreement including, without limitation, any lease, to which Subscriber is a party; and (d) it has not installed or attached Networked Charging Stations on or to infrastructure not owned by Subscriber without proper authority, or in a manner that will block any easement or right of way. 3.3 Subscriber's Undertakings. The Subscriber further undertakes to Greenlots that: (i) it will not remove, conceal or cover the Greenlots Marks or any other markings, labels, legends, trademarks, or trade names installed or placed on the Networked Charging Stations or any peripheral equipment for use in connection with the Networked Charging Stations; (ii) the Subscriber shall comply with, and shall have responsibility for and cause its employees and agents accessing or using the Greenlots Charging Network to comply with, all of the rules, regulations and policies of Greenlots as may from time to time be notified by Greenlots to the Subscriber (and the display or availability of any such rules, regulations and policies (and any variation or changes thereto) on any portal or service to which the Subscriber has access, shall constitute due notice to Subscriber, its employees and agents); (iii) the Subscriber shall be responsible for using the Greenlots Services in compliance with applicable laws and this Agreement, and in particular, shall: (A) use commercially reasonable efforts to prevent unauthorized access to any Greenlots Services, (B) not sell, resell, license, rent, lease, transfer or grant access to the Greenlots Services to a third party, (C) not interfere with or disrupt the integrity of the Greenlots Charging Network, the Greenlots Services or any data contained therein, and (D) not attempt to gain unauthorized access to the Greenlots Charging Network or the Greenlots Services or their related systems or networks. ARTICLE 4 SERVICES 4.1 Collection Services. Where the Subscriber levies charges on Customers and Greenlots is engaged to provide management, collection and /or processing services for such charges: 4 (a) The Subscriber shall have sole authority to determine and set in real -time the Session Fees (which shall include all applicable Taxes and Regulatory Charges, each as defined below) applicable to Subscriber's Networked Charging Stations. (b) In exchange for Greenlots collecting Session Fees on behalf of the Subscriber, the Subscriber hereby authorizes Greenlots to deduct from all Session Fees collected: (i) a Collection and Processing Fee; and (ii) to the extent required, applicable Taxes and Regulatory Charges. (c) Greenlots shall remit the equivalent of the balance of the Session Fees net of the deductions made pursuant to Section 4.1(b) to the Subscriber not more than thirty (30) days after the end of each calendar quarter in which such Session Fees were collected to such account designated in writing by the Subscriber. (d) Unless required by law or otherwise stated herein, Collection and Processing Fees do not include any taxes, levies, duties or similar governmental assessments of any nature, including, but not limited to, value added, sales, local, city, state or federal taxes ( "Taxes ") or any fees or other assessments levied or imposed by any governmental regulatory agency ( "Regulatory Charges "). The Subscriber shall be responsible for the payment of all Taxes and Regulatory Charges incurred in connection with any Session Fees; provided that, Greenlots is solely responsible for all Taxes and Regulatory Charges assessable based on Greenlots' income, property and employees. Where Greenlots is required by law to collect and /or remit the Taxes or Regulatory Charges for which the Subscriber is responsible, the appropriate amount shall be invoiced to the Subscriber and deducted by Greenlots from Session Fees, unless Subscriber has otherwise provided Greenlots with a valid tax or regulatory exemption certificate or authorization from the appropriate taxing or regulatory authority. 4.2 Provision of Assistance, Training and Maintenance Services. Greenlots shall supply training, technical assistance and maintenance with respect to the Licensed Software to the Subscriber, as set out in Annexure B and elsewhere in this Agreement (collectively, the "Services "). 4.3 Service Levels. The service levels applicable to the provision of the Services to the Subscriber shall be as set out in Annexure B. 4.4 Non - Transferabilitv. All Greenlots Services shall be non - transferable; provided that Greenlots Services subscribed for in relation to a Networked Charging Station that is to be de- commissioned may be transferred to a Networked Charging Station that is purchased by Subscriber to replace such de- commissioned Networked Charging Station. ARTICLE 5 FEES 5.1 Fees. In consideration of the Services provided hereunder, the Subscriber shall pay Greenlots the following fees (collectively, the "Fees "): (a) license fees for the license of the Licensed Software ( "License Fees ") at a rate per charge port of $350 CAD for 1 year, or $600 CAD for 2 years, such license fees to be payable in advance for the Initial Term with payment to be made upon registration and activation of a Networked Charging Station on the Greenlots Charging Network. No pro- rating shall be available for any Networked Charging Stations which are decommissioned during the year; and, (b) upon the Subscriber commencing the levy of charging fees on Customers, a Collection and Processing Fee of 5.0% + $0.65 CAD shall be paid by the Subscriber to Greenlots for each Charging Session used by a Customer where a Session Fee applies, payment of which shall be set off against Session Fees collected by Greenlots, or in case of insufficient Session Fees, billed separately. 5 5.2 Additional Services. Where the Subscriber requires additional services to be provided by Greenlots, including but not limited to, customization of web design interfaces, additional software and /or hardware integration services, which are not included in the scope of Services, such additional services shall be subject to additional fees to be mutually agreed between the Subscriber and Greenlots. 5.3 Adiustments to Pricing. 5.3.1 Greenlots undertakes that there shall be no increase in the Licence Fees payable for each Networked Charging Station during the Initial Term. 5.3.2 The parties agree that Greenlots shall be entitled to adjust the Collection and Processing Fee at its sole discretion in the event of any increase in processing fees charged by payment processing partners responsible for the collection of Customers' payments. 5.4 Payment of License Fees. The Subscriber agrees that: (a) The Subscriber shall pay all License Fees within thirty (30) days of its receipt of an invoice with respect thereto. Except as otherwise specified herein, all Fees shall be quoted in and payable in US Dollars. (b) If any invoiced Fees are not received by Greenlots by the due date, then such outstanding amount: (i) may accrue late interest at the rate of one and one -half percent (1.5%) of the outstanding balance per month, or the maximum rate permitted by law, whichever is lower ( "Late Payment Interest Rate "), from the date such payment was due until the date on which such payment is received by Greenlots in cleared funds, and 01) in the event the Subscriber has not paid Fees within thirty (30) days of the due date, Greenlots may, at its sole discretion, impose additional conditions in connection with future renewals of any Greenlots Services and acceptance of purchase orders for additional Greenlots Services other than those set forth herein. (c) If any amount owing by the Subscriber under this Agreement is more than thirty (30) days overdue, Greenlots may, without otherwise limiting Greenlots' rights or remedies available under law, terminate this Agreement, and /or suspend the use by the Subscriber of the Greenlots Services until such amounts are paid in full. ARTICLE 6 OWNERSHIP OF INTELLECTUAL PROPERTY 6.1 Validity and Ownership. The Subscriber acknowledges and admits the validity, and Greenlots' ownership, of all Intellectual Property Rights in relation to the Licensed Software, the Greenlots Marks, the Greenlots Charging Network and the Greenlots Services (collectively the "Greenlots Intellectual Property "), and agrees that it will not, directly or indirectly, challenge or contest the validity of the Greenlots Intellectual Property, or any registrations thereof and /or applications therefore in any jurisdiction, or the right, title and interest of Greenlots therein and thereto, nor will it claim or register any interest in the Greenlots Intellectual Property in any jurisdiction, other than the rights expressly granted hereunder. 6.2 Property of Greenlots. The Subscriber acknowledges that (i) as between the parties, all Intellectual Property Rights in the Greenlots Intellectual Property are and will remain the exclusive property of Greenlots and (ii) as between the parties, all uses of the Greenlots Intellectual Property, except for its Use by the Subscriber pursuant to this Agreement, shall inure solely to the benefit of Greenlots. The Subscriber shall not at any time do or suffer to be done any act or thing that will in any way impair the rights of Greenlots in and to the Greenlots Intellectual Property. Nothing in this Agreement grants, nor shall the Subscriber acquire hereby, any right, title or interest in or to the Greenlots Intellectual Property or any underlying or third -party Intellectual Property Rights inhering therein, or any goodwill associated 6 therewith, other than those rights expressly granted hereunder. This Agreement shall not affect Greenlots' right to enjoin or obtain relief against any acts by third parties or trademark or patent infringement or unfair competition, or any other action that Greenlots may take to protect Greenlots' Intellectual Property Rights in the Territory. 6.3 Property of the Subscriber. The parties agree that all data contributed directly by the Subscriber and which is owned by the Subscriber, or licensed directly to the Subscriber by any party other than Greenlots, prior to the inclusion of such data in the Licensed Software (collectively, the "Subscriber Data ") is and will remain the exclusive property of the Subscriber and will inure solely to the benefit of the Subscriber. Greenlots shall be granted such access to the Subscriber Data: (a) as may be necessary to enable Greenlots to perform its obligations hereunder; (b) in order to respond to service or technical problems which may arise from time to time and at any time; and /or (c) otherwise at the Subscriber's discretion. All data collected by Greenlots in connection with the operation of the Greenlots Charging Network shall be jointly owned by Greenlots and Subscriber, with both Parties retaining independent rights to use the data. 6.4 License. Greenlots shall have a royalty -free, worldwide, transferable, sublicensable, irrevocable perpetual license to use or incorporate in the Greenlots Charging Network and /or the Green lots Services any suggestions, enhancement requests, recommendations,improvements or other feedback provided by the Subscriber and /or Subscriber Authorized Users relating to any and all of the Greenlots Charging Network and the Greenlots Services. ARTICLE 7 NO ASSIGNMENT OR SUBLICENCES 7.1 No Assignment. Neither party may assign any of its rights or obligations hereunder, whether by operation of law or otherwise, without the express written consent of the other party. Notwithstanding the foregoing either party may assign this agreement together will all rights and obligations hereunder, without consent of the other party, in connection with a merger, acquisition, corporate reorganization, or sale of any or substantially all of its assets provided the assignee agrees in writing to comply with all applicable provisions of the Agreement, including protecting Confidential Information. This Agreement shall not be assignable by the Subscriber to any direct or indirect competitor of Greenlots engaging in developing electric vehicle charging hardware and /or software and any attempt to assign without such consent shall be void. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors and permitted assigns. 7.2 No Sub - Licensing. Except as otherwise set forth herein, the License, the Greenlots Services and the rights granted to the Subscriber under this Agreement shall not be sub - licensed by the Subscriber without the prior written authorization of Greenlots. ARTICLE 8 TERM AND TERMINATION 8.1 Term. This Agreement shall be valid for a period of three years commencing from the Effective Date, during which the access to the Greenlots Charging Network, the License and the subscription for the Greenlots Services shall be valid ( "Initial Term "). 8.2 Additional Terms. Unless either party gives the other party written notice, not later than 60 days prior to the last day of the Initial Term, of its intent to terminate this Agreement at the end of the Initial Term, this Agreement shall automatically renew for an additional term of one (1) calendar year (each such additional calendar year term to be referred to as an "Additional Term "). Either party may terminate this Agreement during any Additional Term by giving written notice to the other party at least 60 days prior to the last day of such current Additional Term or in such other manner as may be otherwise provided in this Agreement, failing which this Agreement shall again automatically be renewed for a 7 subsequent Additional Term. 8.3 Early Termination for Cause by Greenlots. 8.3.1 Greenlots may terminate the license granted to the Subscriber hereunder and terminate this Agreement immediately upon 5 business days' prior written notice to the Subscriber, if: (a) an Insolvency Event has occurred in relation to the Subscriber; (b) the Subscriber breaches any material provision of this Agreement and fails to cure such breach within thirty (30) days following the Subscriber's receipt of written notice thereof from Greenlots; or (c) (i) the Subscriber is more than 60 days late in the payment of Fees or any other payments due and owing (and documented) to Greenlots; (ii) the Subscriber has received prior notices of such Fees and /or other payments from Greenlots and requests for payments therefore; and (iii) the Subscriber fails to cure such late payment within 7 days following such written notice from Greenlots. 8.3.2 Upon any termination of this Agreement pursuant to Section 8.3.1 above, subject to the additional terms and conditions hereof, all rights in the Licensed Software granted to the Subscriber hereunder shall automatically revert to Greenlots, and the Subscriber shall have no further rights in, and shall immediately cease all use of, the Licensed Software. The Subscriber shall also promptly return or destroy all documents (including copies), diskettes, tapes and other material (in whatsoever medium) held by the Subscriber in relation to the Licensed Software to Greenlots upon written demand therefor by Greenlots. The failure of Greenlots to make any such demand initially shall not operate as a waiver by Greenlots of this provision. 8.4 Early Termination for Cause by the Subscriber. The Subscriber may terminate this Agreement immediately upon 5 business days' prior written notice to Greenlots, if: (a) an Insolvency Event has occurred in relation to Greenlots; or (b) Greenlots breaches any material provision of this Agreement and fails to cure such breach within thirty (30) days following Greenlots' receipt of written notice thereof from the Subscriber. ARTICLE 9 LIMITATION OF LIABILITY 9.1 LIMITATION OF GREENLOTS' LIABILITY. EXCEPT AS EXPRESSLY SET FORTH HEREIN, ACCESS TO THE GREENLOTS CHARGING NETWORK, THE LICENSE AND THE GREENLOTS SERVICES ARE PROVIDED BY GREENLOTS WITHOUT ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL GREENLOTS BE LIABLE TO THE SUBSCRIBER OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RESULTING FROM THE PARTICIPATION OF THE SUBSCRIBER IN THE GREENLOTS CHARGING NETWORK, THE EXERCISE OF THE LICENSE, THE USE OF THE LICENSED SOFTWARE OR THE GREENLOTS SERVICES, OR OTHERWISE ARISING OUT OF THIS AGREEMENT, WHETHER IN RELATION TO ANY BREACH OF ANY REPRESENTATIONS AND WARRANTIES EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE FOREGOING, IN NO EVENT WILL GREENLOTS' AGGREGATE LIABILITY TO THE SUBSCRIBER PURSUANT TO THIS AGREEMENT EXCEED THE TOTAL SUM OF ANY FEES RECEIVED BY GREENLOTS FROM THE SUBSCRIBER IN THE TWELVE CALENDAR MONTHS IMMEDIATELY PRIOR TO THE DATE ANY SUCH CLAIM IS MADE. FOR THE AVOIDANCE OF DOUBT, GREENLOTS SHALL OWE NO LIABILITY TO THE SUBSCRIBER OR ANY CONTRACTUAL COUNTERPARTIES OF THE SUBSCRIBER FOR ANY BREACH BY THE SUBSCRIBER OF ITS CONTRACTUAL OBLIGATIONS TO SUCH COUNTERPARTIES INCLUDING BUT NOT LIMITED TO, ANY FAILURE BY THE 8 SUBSCRIBER TO COMPLY WITH ITS SERVICE LEVEL AGREEMENTS UNLESS SUCH LIABILITY ARISES AS A RESULT OF FRAUD OR GROSS NEGLIGENCE ON THE PART OF GREENLOTS. 9.2 Limits. Where the limitation of liability in Section 9.1 is prohibited or restricted under applicable law, then the liability of Greenlots under such circumstances shall be limited to the maximum extent permitted under such applicable law. ARTICLE 10 CONFIDENTIALITY Each party agrees to keep confidential the terms of this Agreement and all information, documents and materials, whether printed or oral, relating to this Agreement, the parties and the transactions contemplated hereunder ( "Confidential Information ") confidential and not to disclose such Confidential Information except: (a) with the prior written consent of the other party; (b) as may be required by applicable laws or by the rules of any stock exchange or other authority by which a party may be bound (in which case the disclosing party shall immediately notify the other party thereof); (c) to its professional advisers, employees, officers or other representatives; and (d) to any advisors and professional services providers which may be appointed by a party to give effect to the obligations of such party under this Agreement. ARTICLE 11 MISCELLANEOUS 11.1 No Partnership. Nothing in this Agreement shall create a partnership or establish a relationship of principal and agent or any other fiduciary relationship between or among any of the parties. 11.2 Remedy. No remedy conferred by any of the provisions of this Agreement is intended to be exclusive of any other remedy available at law, in equity, by statute or otherwise. Each and every other remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law in equity, by statute or otherwise. The election by any party to pursue one or more of such remedies shall not constitute a waiver by such party of the right to pursue any other available remedy. The parties agree that monetary damages may not be a sufficient remedy for the damage which would accrue to a party by reason of failure by any other party to perform certain of the obligations hereunder. Any such party shall, therefore, be entitled to seek injunctive relief, including specific performance, to enforce such obligations. 11.3 Costs and Expenses. The parties agree that unless expressly provided otherwise in this Agreement, each of the parties shall bear its own respective costs and expenses, legal or otherwise, reasonably incurred in relation to preparation, negotiation and execution of this Agreement and all ancillary documents. 11.4 Further Assurance. Each of the parties shall, and shall use its reasonable endeavors to procure that any necessary third parties shall, execute and deliver to the other party such other instruments and documents and take such other action as may be required to carry out, evidence and confirm the provisions of this Agreement. 11.5 Public Announcements. Subject as required by law or by any relevant regulatory authorities, all announcements and circulars by or on behalf of any of the parties and relating to the subject matter of this Agreement shall be in terms to be agreed between the parties in advance of issue. 9 11.6 Entire Agreement. This Agreement sets forth the entire agreement and understanding between the parties in connection with the license granted hereunder and the arrangements described herein and supersedes all prior oral and written agreements, memoranda, understandings and undertakings between the parties. 11.7 Variations. No purported variations of this Agreement shall be effective unless made in writing by all the parties. 11.8 Severability of Provisions. If any term or provision in this Agreement shall be held to be illegal or unenforceable, in whole or in part, under any enactment or rule of law, such term or provision or part shall, to that extent, be deemed not to form part of this Agreement but the enforceability of the remainder of this Agreement shall not be affected. 11.9 No Waiver. A party's failure to insist on strict performance of any provision of this Agreement shall not constitute a waiver thereof or of any right or remedy for breach of a like or different nature. Subject as aforesaid, no waiver shall be effective unless specifically made in writing and signed by a duly authorized officer of the party granting such waiver. 11.10 Counterparts. This Agreement may be entered into in any number of counterparts and by the parties on separate counterparts, each of which when executed and delivered shall be an original, but all the counterparts shall together constitute one and the same instrument. 11.11 Notices. All notices, requests, demands and other communications given by any of the parties hereunder shall be in writing and shall be given g en only by personal registered g delivery, istered mail or courier service or sent by facsimile transmission or electronic mail to the addresses and facsimile numbers set out below: For Greenlots: 156 2n Street, San Francisco, CA 94105 Attention: Lin Khoo For the Subscriber: 1145 Concession 5, RR 5, Kincardine ON N2Z 2X6 Attention: Murray Clarke or to such other address or facsimile number as the arties may from time to time notify the others in P t Y fy writing. Any such communication shall be deemed duly given in the case of personal delivery and courier service upon delivery and receipt of written acknowledgement thereof, in the case of registered mail ten days after posting, in the case of facsimile transmission or electronic mail upon transmission and receipt of a satisfactory transmission transcript; provided that if such day is not a business day or such time not a normal business hour then delivery shall be deemed to have occurred on the following business day. 11.12 Governing Law; Dispute Resolution. 11.12.1 This Agreement shall be governed by, and construed and enforced in accordance with the laws of the state of Delaware, without giving effect to any principles of conflict of laws. 11.12.2 Any action or arbitration arising from this Agreement related thereto shall be commenced and maintained only in the State of Delaware. Each of the parties hereto consents to the jurisdiction and venue of the courts located there. 11.12.3 Any dispute arising from p g om this Agreement or related thereto shall be resolved by binding arbitration as rovided by the rules of ADR Services, " p y cgs, Inc. (ADR ), and in the office of ADR, located in Wilmington, Delaware. 11.12.4 The parties each expressly waive the right to a jury trial, and agree that the arbitration award shall be final and binding on the parties. The arbitrator shall have the discretion to award monetary and other damages, or to award no damages, and to fashion any other relief the 10 arbitrator deems appropriate, but only to the extent consistent with law. 11.12.5 The reasonable expenses incurred in any proceeding to compel arbitration or to confirm or enforce an arbitral award or any resulting judgment, including attorney's fees shall be paid to the prevailing party in such a proceeding. Each party shall bear its own expenses, including attorney's fees, incurred during arbitration. [Remainder of Page Intentionally Blank; Signatures Next Page] 11 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first written above. Corporation of the Municipality of Kincardine By: Name: Anne Eadie Title: Mayor By: Name: Murray Clarke Title: CAO 12 ANNEXURE A LICENSED SOFTWARE The Licensed Software consists of an integrated Internet -based platform (SKY) that has bi- directional communication with Networked Charging Stations. The platform is made up of: 1. A backend database 2. A front -end user interface for the Subscriber 3. A front -end user interface for the Customer 4. A mobile phone application for the Customer that is supported on Android and iOS operating systems. Support for additional operating systems may be added later at Greenlots' sole discretion 5. A payment collection and settlement system 6. A data collection and reporting system 7. A call center for Customer technical and payment support Together, the Licensed Software performs the following functions: 1. Provides a directory of Charging Stations belonging to the Subscriber, including all pertinent information such as address, serial number, manufacturer, model, charging type and price for Customers, if applicable 2. Reports the status of Charging Stations whether they are in -use, faulted, available or temporarily unknown 3. Enables the Subscriber to set a price for Customers to use these Charging Stations 4. Provides a payment method for Customers to pay for use of these Charging Stations 5. Provides a payment processor which complies with Payment Card Industry ( "PCI ") Data Security Standard DSS ") of Visa and MasterCard. 6. Collects usage and charging data from these Charging Stations and provides them to the Subscriber in either CSV or graphical format 7. Provides first level technical support to Customers and routes them to the Charging Station manufacturer for escalation 8. Provides downloadable usage reports on a daily, weekly, monthly or annual basis consisting of individual charge session data (user ID, station ID, start time, end time, total duration, total kWh and total revenue) 9. Provides a monthly statement report detailing total revenue collected from Session Fees and total Greenlots Fees applicable 13 ANNEXURE B SERVICES AND SERVICE LEVELS Greenlots shall provide services and support according to the following terms: 1. Phone support for payment and technical issues shall be provided to Customers 24 hours a day, 365 days a year 2. Greenlots shall provide an on -call resource to the Subscriber at all other times and shall provide appropriate email and phone contact information to ensure accessibility 3. Greenlots shall ensure that scheduled system downtime occurs only between the hours of 9PM to 5AM Pacific Standard Time to avoid disruption to the Subscriber and Customers. 4. Greenlots shall ensure that unscheduled downtime be responded to immediately and every reasonable effort be made to restore service 5. The Subscriber acknowledges that some downtime may be attributed to Charging Station hardware and while Greenlots will promptly report and log the problem to the associated party; the duration of downtime in this instance is out of Greenlots' control 14