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HomeMy WebLinkAbout2006-229 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-lAW 2006-229 Being a By-law to authorize a contract between the Corporation of the Municipality of Clarington and Ron Robinson Limited, Bowmanville, Ontario, to enter into agreement for the Courtice Entrance Feature. THE CORPORATION OF THE MUNICIPALITY OF ClARINGTON HEREBY ENACTS AS FOllOWS: 1. THAT the Mayor and Clerk are hereby authorized to execute, on behalf of the Corporation of the Municipality of Clarington and seal with the Corporation Seal, a contract between, Ron Robinson Limited, Bowmanville, Ontario, and said Corporation; and 2. THAT the contract attached hereto as Schedule "A" form part of this By-law. By-law read a first and second time this 18th day of December 2006. By-law read a third time and finally passed this 18th day of December 2006. I I I I I I I I I I I I I I I I I I I C!~ Municipality of Clarington Contract Documents FOR THE CONSTRUCTION OF COURTICE ENTRY FEATURE CONTRACT NO. CL2006-61 CONSULTANT: JVF CONSULTANTS (1998) INe. 1895 CLEMENTS ROAD, UNIT 166 PICKERING, ON L1W 3V5 TELEPHONE NO. 905-686-2954 I I I I I I I I I I I I I I I I I I I AGRRRMF.NT RRTWF.RN OWNRRffHE A W A RDRD CONTR ACTOR The Drawings and Plans, Specifications, Information for Tenderers, Form of Tender, Special Provisions, Instructions to Bidders, Performance and Maintenance Bonds, together with this Agreement form the Contract in this matter. THIS AGREEMENT, made (in quaduplicate) this 8th day of December, Two Thousand Six. BY AND BETWEEN Ron Robinson Limited hereinafter called the Contractor of the First Part AND THE OWNER! CORPORA nON Corporation of the Municipality of Clarington hereinafter called the owner WHEREAS the said Contractor submitted a Tender for Courtice Entry Feature Tender CL2006-61 a copy of which is attached hereto, and WHEREAS the said Tender was accepted by the said Corporation on the 12th day of October Two Thousand Six. NOW THESE PRESENT WITNESS that the said Contractor does hereby covenant and agree with the said Owner that is consideration of the covenants and payments to be made as herein provided to comply with the following: I. To provide all materials, tools, equipment and labour of every kind required to do and perform the whole of the work set out in the Plans and Tender, and in the most substantial and workmanlike manner, according to the Schedule set out in the Information for Tenderers. 2. To indemniJy and save harmless the said Owner and each of its officers, servants and agents from and against all action, claims and demands which may be brought or made by any other part in consequence ofthe performance ofthe said work or of the non-execution or imperfect performance of such work. I I I Ar.RRF.MleNT RleTWleFN OWNF.RfrHF. A W ARnlen CONTRACTOR I I I I I I I I I I 6. I I I I I I 3. To pay to the said Owner, on demand, all loss costs, damages or expenses which may be paid, sustained, or incurred by the said Owner or any of its officers, servants, or agents in consequence of any said action, suit claim, lien, execution or demand as here in before stated in Clause 2 above, and that in default of such payment, all such loss, costs, damages and expenses may be deducted from any monies of the said Contractor then remaining in the possession of the said Owner on account of this contract, or may be recovered from the said Contractor or the Surety named in the bond hereto attached in any court of competent jurisdiction as money payable to such default 4. And the said Contractor further agrees that in the event of any action as herein before stated in Clause 2 above, to authorize and empower the said Owner or its Solicitor to defend, settle, or compromise any such actions, suits, claims, executions or demands as the said Owner or its said solicitor may deem expedient, and hereby agrees to ratify and confirm all the acts of the said Owner said Contractor may, at his own expense, take charge of and conduct the defence in the name of the said Owner for any such actions, claim or suit 5. The said Owner covenants with the said Contractor that if the said work, including all extras in connection therewith, shall be duly and properly executed according to the terms and provisions of this contract, the said Owner will pay the said Contractor the contract price stated in the said Tender (including all approved extras as provided in the Schedule of Prices forming part of this contract) in the manner specified as to holdbacks and only upon estimates or certificates signed by the Landscape Architect It is hereby expressly provided that the granting of any estimate or certificate, or the payment of any monies thereunder, shall not be construed as an acceptance of any defective work or material, to which the same related thereof, and shall not in any manner lessen the liability of the contractor to replace such work or material, although the conditions ofthe same may not have been known to, or discovered by the said Engineer at the time such estimate or certificate was granted, or money paid thereon The Contractor shall perform the Work required by the Contract Documents for the construction of Courtice Entry Feature (Insert here the title afthe Work and the Project) which have been signed by the parties, and which were prepared by JVF Consultants (1998) Inc. acting as and hereinafter called the "Consultant" and (a) do and fulfill everything indicated by this Agreement, and (b) commencement the Work to be determined upon award of contract and attain Substantial Performance Completion ofthe Work, as certified by the Municipality ofClarington, by the 1st day of June 2007. I I I I I I I I I I I I I I I I I I I AGRRRMRNT RRTWRRN OWNRRfTRli'. A W A RnRn CONTRACTOR 7. CONTRACT PRICE The Contract Price (excludes a.S.T.) is seventy seven thousand two hundred fifty two dollars and one cent ($ 77,252.01) plus a.s.T. in Canadian Funds, which price shall be subject to adjustments as may be required in accordance with the provisions of the Contract Documents. IN WITNESS the seal of the Contractor and the seal of the Corporation attested by the hands of their respective authorized officers on the date first above written. I I I I I I I I I I I I I I I I I I I AGRRRMRNT RRTWRF,N OWNRRrrHF, A W A RnRn ~ONTR A~TOR 8, CONTRACT DOCUMENTS The following are included as the Contract Documents: Pages a, Agreement Between Owner and Contractor '" '" """""" """ '" """ '" """ '" """ '" """'" 5 b, Definitions '" '" """ '" """ '" """ ,,,,,,,,,,,,,,,,,,,,, '" """ '" '''''''' """, '" '" """ ,,, "'''''' 2 c, General Conditions ""',',' ",',' '" """ ,,' ",',' ,,' ,,""'" '" """ '" """ '" """" "'" """'" "" 16 d, Tender Form (Schedule D) submitted by Ron Robinson Limited dated November I, 2006",,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, """,,,,,,,,,,,,,,,,,,,,,,, 8 e, Agreement to Bond (Surety Consent) issued by The Guarantee Company of North America dated November 1st, 2006 <u"''''"''''''''''''",,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, I [. Addendum Notes '" '" """'" """'" '" """ '" """ "..,.... .........." ......., ,." ..,. ,. ,.. ... ,.. ",. I g. Bidder's Reference ... ... .......". ,. ...", ... ...... ... ...... ... ...... ",... ...... ... ... ,.. ... ...... ... ." .... ] h. Letter dated November 20, 2006 issued from JVF Consultants (] 998) Inc, to Ron Robinson Limited regarding required documention for the preparation ofthe contract and total contract price""".""""""."""""""""". """ 2 l. Letter dated November 29, 2006 from Ron Robinson Limited....,..................................." ] j. Workers' Compensation Certificate dated November 23,2006".""""""" """". .""""".""" I k. Performance Bond in amount of 100% of contract issued by The Guarantee Company of North America dated November 27"', 2006..........""...."""......" I I. Labour and Material Payment Bond (Trustee Form) in the amount of I 00% of contract issued by The Guarantee Company of North America dated November 27"', 2006". '" """ '" """ '" """ ". ". """ ". """ ". ".". '" """ """. ",".", 1 m. Certificate of Insurance including Municipality ofClarington, Region of Durham and JVF Consultants (1998) Inc, as additional insureds"""."""..." "."...". I n. Notice of Project signed November 24, 2006..".."""....."..""..""""".""..........,....... "" 1 o. Registration of Constructors and Employers Engaged in Construction""."" ."". ""..""... ...... I p. Emergency Personnel Material Supplier/Subcontractor List." ,.,...... '" ,.,... .., ,.,... .., ,........ .... I q. Schedule A Instructions to Bidders... ... ...".." """ ,,,,,. "."..."..... ... ."."." """'" .."..... ... 8 r. Schedule B Standard Terms and Conditions ..........""",,,,,,,,,,,,,.,,,,......,,,,.,,,,,,,,,,,,,,,,,,,, 8 s. Standard Specifications",,,,,,, ". ".." ... ".... ... ............ ......." ".." ... ...... ... ......... ."""." 53 t. List of Drawings and Details: . L-l - Layout Plan . L-2 - Planting Plan . L-3 - Planting Details, Landscape Specifications and Plant List . L-4 - Landscape Details . E-I - Electrical Plan I I I I I I I I I I I I I I I I I I I Ar.RleFMFNT RF,TWleF,N OWNRRfr Hle A W ARnlen C.ONTRAC.TOR CONTRACTOR A J--- S E A L CORPORA nON ~..~.8- ~-,-. ' E . A _;'~r:~- (((', ,~~.">j-:~'."" .... C. Anne Greentree, Deputy Clerk Per: Office: Per: Office: COMPANY SEAL I I I I I I I I I I I I I I I I I I I Standard Construction Document - CeDe 4 - 1982 DEFINITIONS The following Definitions shall apply to all Contract Documents. 1. The Contract The Contract Documents form the Contract. The Contract is the undertaking by the parties to perform their respective duties, responsibilities and obligations as prescribed in the Contract Documents and represents' the entire agreement between the parties. The Contract supersedes all prior negotiations, representations or agreements, either written or oral, including the bidding documents. The Contract may be amended only as provided in the General Conditions of the Contract. 2. Contract Documents The Contract Documents consist of the executed Agreement between the Owner and Contractor, the General Conditions of the Contract, Supplementary Conditions, Definitions, specifications, drawings and such other documents as are listed in Article A-2 - CONTRACT DOCUMENTS including amendments thereto incorporated before the execution of the Contract and subsequent amendments thereto made pursuant to the provisions of the Contract and agreed upon between the parties. 3. Owner The Owner is the person. firm or corporation identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number and masculine in gender. The term Owner means the Owner or his authorized agent or representative as designated to the Contractor in writing but does not include the Consultant. 4. Consultant The Consultant is the person, firm or corporation identified as such in the Agreement, and is an Architect or Engineer licensed to practice in the province or territory of the Place of the Work. and is referred to throughout the Contract Documents as if singular in number and masculine in gender. 5. Contractor The Contractor is the person, firm or corporation identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number and masculine in gender. The term Contrac- tor means the Contractor or his authorized representative as designated to the Owner in writing. 6. Subcontractor A Subcontractor is a person, firm or corporation having a direct contract with the Contractor to perform a part or parts of the Work. or to supply products worked to a special design according to the Contract Documents, but does not include one who merely supplies products not so worked. The term Subcontrac- tor is referred to throughout the Contract Documents as if singular in number and masculine in gender. 7. The Project The Project means the total construction contemplated of which the Work may be the whole or a part. 8. The Work The Work means the total construction and related services required by the Contract Documents. 9. Products Products means material, machinery, equipment and fixtures forming the Work but does not include machinery and equipment used for preparation, fabrication, conveying and erection of the Work and normally referred to as construction machinery and equipment. 10. Other Contractor Other Contractor means a person, firm or corporation .employed by or having a separate contract directly or indirectly with the Owner for work other than that required by the Contract Documents. ceDe 4 - 1982 File 00530 9 11. 12. 13. 14. 15. 10 Place of the Work The. Place of the Work is the designated site or location of the Project of which the Work may be the whole or a part. Time (a) The Contract Time is the time stipulated in the Contract Documents for Substantial Performance of the Work. (bl The date of Substantial Performance of the Work is the date certified as such by the Consultant lc) Day means the calendar day. (d) Working day means days other than Saturdays, Sundays and holidays which are observed by the construction industry in the area of the Place of the Work. Substantial Performance of the Work Substantial Performance of the Work is as defined in the lien legislation applicable to the Place of the Work. If such legislation is not in force or does not contain such definition, Substantial Performance of the Work shall have been reached when the Work is ready for use or is being used for the purpose intended and is so certified by the Consultant. Total Performance of the'Work Total Performance of the Work means when the entire Work, except those items arising from the provi- sions of GC 24 - WARRANTY, has been performed to the requirements of the Contrect Documents and is so certified by the Consultant. Changes In the Work Changes in the Work meens the deletion, extension, increase, decrease or alteration of lines, grades, dimensions, methods, drawings or materials of .the Work or part thereof, within the scope of the Work contemplated by the Contract Documents. 16. Extra Work Extre Work means any work or service, the performance of which is beyond the scope of the Work contemplated by the Contract Documents. CCDC 4 - 1982 File 0Il630 I I I I I I I I, I I I I I I I , I I I I I I I I I I I I I I I I I I I I I I Standard Construction Document - CeDe 4 -1982 THE GENERAL CONDITIONS OF THE UNIT PRICE CONTRACT (Hereinafter referred to as the General Conditions.) GC 1 DOCUMENTS 1.1 The Contract Documents shall be signed in duplicate by the Owner and the Contractor. 1.2 The Contract Documents are complementary, and what is required by anyone shall be as binding as if required by all. 1.3 The intent of the Contract Documents is to include the labour, products and services necessary for the performance of the Work in accordance with these documents. It is not intended, however, that the Con- tractor shall supply products or perform work not consistent with, covered by or properly inferable from the Contract Documents. 1.4 Words and abbreviations which have well known technical or trade meanings are used in the Contract Documents in accordance with such recognized meanings. 1.5 References to the masculine or the singular shall be considered to include the feminine and the plural as the context requires. 1.6 In the event of conflicts between Contract Documents the following shall apply: (a) figured dimensions shown on a drawing shall go',ern even though they may differ from dimensions scaled on the same drawing, (b) drawings of larger scale shall govern over those of smaller scale of the same date, (c) specifications shall govern over drawings, (d) the General Conditions shall govern over specifications, (e) Supplementary Conditions shall govern over the General Conditions, and (fl the executed Agreement between the Owner and Contractor shall govern over all documents. Notwithstanding the foregoing, documents of later date shall always govern. 1.7 The Contractor shall be provided without charge with as many copies of the Contract Documents or parts thereof as are necessary for the performance of the Work. 1.8 The Contractor shall keep one copy of current Contract Oocuments and shop drawings at the Place of the Work, in good order and available to the Consultant and his representatives. This requirement shall not be considered to include the executed set of Contract Documents. 1.9 Drawings, specifications, models and copies thereof furnished by the Consultant are and shall remain his property with the exception of the signed contract sets belonging to each party to this Contract. Such documents and models are to be used only with respect to the Work and are not to be used on other work. Such documents and models are not to be copied or revised in any manner without the written authoriza- tion of the Consultant. 1.10 Models furnished by the Contractor at the Owner's expense are the property of the Owner. GC2 ADDITIONAL INSTRUCTIONS 2.1 During the progress of the Work the Consultant will furnish to the Contractor such additional instructions to supplement the Contract Documents as may be necessary for the performance of the Work. Such in- structions shall be consistent with the intent of the Contract Documents. 2.2 Additional instructions may be in the form of specifications, drawings, samples, models or other written instructions. 2.3 Additional instructions will be issued by the Consultant with reasonable promptness and in accordance with a schedule agreed upon for such instructions. ceDe 4 - 1982 File 00720 11 3.3 3.4 3.5 3.6 3.7 3.8 3.9 3.10 3.11 3.12 3.13 3.14 12 GC3 3.1 3.2 I I I I I I I I I I I I I I I I I I I CONSULTANT The Consultant will provide administration of this Contract as described in the Contract Documents. The Consultant will be the Owner's representative during construction and until completion of any correction of defects under the provisions of GC 24 - WARRANTY, paragraph 24.2, or until the issuanca of the Certificate of Total Performance of the Work, whichever is later. The Owner's instructions to the Contractor shall be forwarded through the Consultant. The Consultant will have authority to act .on behalf of the Owner only to the extent provided in the Contract Documents, unless otherwise modified by written agreement in accordance with paragraph 3.13. The Consultant will not be responsible for and will not have control or charge of construction means, methods, techniques, sequences or procedures, or for safety precautions and programs required for the Work in accordance with the applicable construction safety legislation, other regulations or general con- struction practice. The Consultant will not be responsible for or have control or charge over the acts or omissions of the Contractor, his Subcontractors, or their agents, employees or other persons performing allY of the Work. The Consultant will visit the site at intervals appropriate to the progress of construction to familiarize himself with the progress and quality of the Work and to record the data necessary to establish the pay quantities under the Schedule of Contract Unit Prices. Based on the Consultant's observations and his evaluation of the Contractor's applications for payment, the Consultant will determine the amounts owing to the Contractor under the Contract and will issue cer- tificates for payment in such amounts, as provided in Article A-4 - PAYMENT and GC 14 - CER. T1FICA TES AND PAYMENTS. The Consultant will be, in the first instance, the interpreter of the requirements of the Contract Documents and the judge of the performance thereunder by both parties to the Contract. Interpretations and decisions of the Consultant shall be consistent with the intent of the Contract Documents and in making his deci. sions he will not show partiality to either party. Claims, disputes and other matters in question relating to the performance of the Work pr the interpretation of the Contract Documents shall be referred initially to the Consultant in writing for decision which he will give in writing within a reasonable time. The Consultant will have authority to reject work which in his opinion does not conform to the requirements of the Contract Documents. Whenever he considers it necessary or advisable he will have authority to require special inspection or testing of work whether or not such work be then fabricated, in- stalled or completed. However, neither the Consultant's authority to act nor any decision made by him either to exercise or not to exercise such authority shall give rise to any duty or responsibility of the Consul. tant to the Contractor, his Subcontractors, or their agents, employees or other persons performing any of the Work. The Consultant will review and take appropriate action upon the Contractor's submittals such as shop drawings, product data, and samples, in accordance with the requirements of the Contract Documents. The Consultant will prepare change orders in accordance with the requirements of GC 11 - CHANGES IN THE WORK AND EXTRA WORK. The Consultant will conduct inspections to determine the date of Substantial Performance of the Work and Total Performance of the Work in accordance with the requirements of GC 14 - CERTIFICATES AND PAYMENTS. He will receive and review written warranties and related documents required by the Contract and provided by the Contractor and will forward such warranties and documents to the Owner for hia ecceptance. If the Owner and the Consultant agree, the Consultant will provide at the site one or more project representatives to assist the Consultant in carrying out his responsibilities. The duties, responsibilities and limitations of authority of such project representatives shall be as set forth in writing to the Contractor but shall in any event provide for the timely recording of the data necessary to establish the pay quantities under the Schedule of Contract Unit Prices. The duties, responsibilities and limitations of authority of the Consultant as set forth in the Contract Documents will not be modified or extended without the written consent of the Owner, the Contractor and the Consultant. In the event of the termination of the employment of the Consultant, the Owner shall immediately appoint a Consultant to whom the Contractor makes no reasonable objection and whose status under the Contract shall be that of the former Consultant. CCDC4 - 19112 File 00720 I I I I I I I I I I I I I I I I I I I 3.15 Nothing contained in the Contract Documents shall create any contractual relationship between the Consultant and the Contractor, his Subcontractors, his suppliers, or their agents, employees or other persons performing any of the Work. GC4 DELAYS 4.1 If the Contractor is delayed in the performance of the Work by an act or omission of the Owner, Consultant, Other Contractor, or anyone employed or engaged by them directly or indirectly, contrary to the provisions of the Contract Documents, then the Contract Time shall be extended for such reasonable time as the Consultant may decide in consultation with the Contractor. The Contractor shall be reimbursed by the Owner for reasonable costs incurred by the Contractor as the result of such delay. 4.2 If the Contractor is delayed in the performance of the Work by a stop work order issued by a court or other public authority and providing that such order was not issued as the result of an act or fault of the Contrac- tor or anyone employed or engaged by him directly or indirectly, then the Contract Time shall be extended for such reasonable time as the Consultant may decide in consultation with the Contractor. The Contrac- tor shall be reimbursed by the Owner for reasonable costs incurred by the Contractor as the result of such delay. 4.3 If the Contractor is delayed in the performance of the Work by labour disputes, strikes, lock-outs (including lock-outs decreed or recommended for its members by a recognized contractors' association, of which the Contractor is a member OrlO which the Contractor is otherwise bound). fire, unusual delay by common carriers or unavoidable Gasualties or, without limit to any of the foregoing, by a cause beyond the Contractor's control, then the Contract Time shall be extended for such reasonable time as the Consultant may decide in consultation with the Contractor, but in no case shall the extension of time be less than the time lost as the result of the event causing the delay, unless such shorter extension be 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 as the result of actions by the Owner. 4.4 No extension shall be made for delay unless written notice of claim is given to the Consultant not later than fourteen 114) days after the commencement of delay, providing however, that in the case of a continuing cause of delay only one notice of claim shall be necessary. . 4.5 If no schedule is made under GC 2 - ADDITIONAL INSTRUCTIONS, no claim for deiay shall be allowed because of failure to furnish instructions until fourteen 114) days after a demand for such instructions has been made and not then unless such claim is reasonable. 4.6 The Consultant will not, except by written notice to the Contractor, stop or delay the Work pending instructions or proposed changes in the Work. GC 5 OWNER'S RIGHT TO PERFORM WORK OR STOP THE WORK OR TERMINATE CONTRACT 5.1 If the Contractor should be adjudged bankrupt, or makes a general assignment for the benefit of creditors because of his insolvency or if a receiver is appointed because of his insolvency, the Owner may, without prejudice to any other right or remedy he may have, by giving the Contractor or receiver or trustee in bankruptcy written notice, terminate the Contract. 5.2 If the Contractor should neglect to prosecute the Work properly or otherwise fails to comply with the requiraments of the Contract to a substantial degree and if the Consultant has given a written statement to the Owner and Contractor that sufficient cause exists, the Owner may notify the Contractor in writing that he is in default of his contractual obligations and instruct him to correct the defauit in the five 15) working days immediately following the receipt of such notice. 5.3 If the correction of the default cannot be completed in the five 15) working days specified, the Contractor shall be in compliance with the Owner's instructions if he: (a) commences the correction of the default within the specified time, and Ib) provides the Owner with an acceptable schedule for such correction, and lei completes the correction in accordance with such schedule. 5.4 If the Contractor fails to correct the default in the time specified or subsequently agreed upon, the Owner, without prejudice to any other right or remedy he may have, may: (a) correct such default and deduct the cost thereof from any payment then or thareafter due the Con- tractor provided the Consultant has cartified such cost to the Owner and the Contractor, or (b) terminate the Contractor's right to continu.e with the Work in whole or in part or tarminata the Contract. CCDC 4 - 1982 File 00720 13 5.5 5.6 5.7 GC 6 6.1 6.2 6.3 6.4 GC 7 7.1 If the Owner terminates the Contractor's right to continue with the Work under the conditions set out in this General Condition, he shall: (a) be entitled to take possession of the premises and products and utilize the construction machinery end equipment the whole subject to the rights of third parties, and finish the Work by whatever method he may consider expedient but without undue delay or expense, and (b) withhold further payments to the Contractor until the Work is finished, and lcl upon Total Performance of the Work, charge the Contractor the amount .by which the full cost of finishing the Work as certified by the Consultant, including compensation to the Consultant for his additional services and a reasonable allowance as determined by the Consultant to cover the cost of corrections to work performed by the Contractor that may be required under GC 24 - WARRANTY, exceeds the unpaid balance of the Contract Price; however, if such cost of finishing the Work is less than the unpaid balance of the Contract Price, he shall pay the Contractor the difference, and (dl on expiry of the warranty period, charge the Contractor the amount by which the cost of corrections to his work under GC 24 - WARRANTY exceeds the allowance provided for such corrections, or if the cost of such corrections is less than the allowance; pay the Contractor the difference. If a performance bond has been provided by the Contractor the provisions of this General Condition shall be exercised in accordance with the conditions of such performance bond. The Contractor's obligation under the Contract as to quality, correction and warranty of the work performed by him up to the time of termination shall continue in force after such termination. I I I I I I I I I I I I I I I I I I I CONTRACTOR'S RIGHT TO STOP THE WORK OR TERMINATE CONTRACT .If the Owner should be adjudged bankrupt or makes a general assignment for the benefit of creditors because of his insolvency or if a receiver is appointed because of his insolvency, the Contractor may, without prejudice to any other right or remedy he may have, by giving the Owner or receiver or trustee in bankruptcy written notice, terminate the Contract. If the Work should be stopped or otherwise delayed for a period of thirty (301 days or more under an order of a cou rt or other public authority and providing that such order was not issued as the result of an act or fault of the Contractor or of anyone directly or indirectly employed or engaged by him, the Contractor may, without prejudice to any other right or remedy he may have, by giving the Owner written notice, terminate the Contract. The Contractor may notify the Owner in writing, with a copy to the Consultant, that the Owner is in default of his contractual obligations if: (al the Consultant fails to issue a certificate in accordance with the provisions of GC 14 - CER- TIFICATES AND PAYMENTS, or (bl the Owner fails to pay the Contractor when due the amounts certified by the Consultant or awarded by arbitration or court, or Icl the Owner violates the requirements of the Contract to e substantial degree and the Consultant con- firms by written statement to the Contractor that sufficient cause exists. The Contractor's written notice to the Owner shall advise that if the defeult is not corrected in the five (5) working days immediately following the receipt of the written notice the Contractor may, without pre- judice to any other right or remedy he may have. stop the Work or terminate the Contract. If the Contractor terminates the Contract under the conditions set out above, he shall be entitled to be paid for all work performed in accordance with the Schedule of Contract Unit Prices and for loss sustained upon products and construction machinery and equipment and such other damages as the Contractor may have sustained as a result of the termination of the Contract. DISPUTES Differences between the parties to the Contract as to the interpretation, application or administration of this Contract or any failure to agree where agreement between the parties is called for, herein collectively called disputes, which are not resolved in the first instance by decision of the Consultant pursuant to the provisions of GC 3 - CONSULTANT, paragraphs 3.6 and 3.7, shall be settled in accordance with the re- quirements of this General Condition. 14 CCDC4-1ll8ZFllol1072O I I I I I I I I I I I I I I I I I I I The claimant shall give written notice of such dispute to the other party no later than thirty (30) days after the receipt of the Consultant's decision given under GC 3 - CONSULTANT, paragraph 3.7. Such notice shall set forth particulars of the matters in dispute, the probable extent and value of the damage and the relevant provisions of the Contract Documents. The other party shall reply to such notice no later than fourteen (14) days after he receives or is considered to have received it, setting out in such reply his grounds and other relevant provisions of the Contract Documents. If the matter in dispute is not resolved promptly the Consultarit will give such instructions as in his opinion are necessary for the proper performance of the Work and to prevent delays pending settlement of the dispute. The parties shall act immediately according to such instructions, it being understood that by so doing neither party will jeopardize any claim they may have. If'it is subsequently determined that such instructions were in error or at variance with the Contract Documents, the Owner shall pay the Contractor costs incurred by the Contractor in carrying out such instructions which he was required to do beyond what the Contract Documents correctly understood and interpreted would have required him to do, including costs resulting from interruption of the Work. . 7.4 It is agreed that no act by either party shall be construed as a renunciation or waiver of any of his rights or recourses, provided he has given the notices in accordance with paragraph 7.2 and has carried out the instructions as provided in paragraph 7.3. 7.5 If the parties have agreed to submit disputes to arbitration pursuant to a Supplementary Condition to the Contract, or by subsequent agreement, then the dispute shall be submitted to arbitration in accordance with the provisions of the arbitration legislation of the Place of the Work. 7.6 If no provision or agreement is made for arbitration then either party. may submit the dispute to such judicial tribunal as the circumstances may require. 7.7 In recognition of the obligation by the Contractor to perform the disputed work as provided in paragraph 7.3, it is agreed that settlement of dispute proceedings may be commenced Immediately following the dispute in accordance with the aforegoing settlement of dispute procedures. GC 8 ASSIGNMENT 8.1 Neither party to the Contract shall assign the Contract or a portion thereof without the written consent of the other, which consent shall not be unreasonably withheld. GC9 OTHER CONTRACTORS 9.1 The Owner reserves the right to let separate contracts in connection with the Project of which the Work is a part, or do certain work by his own forces. 9.2 When separate contracts are awarded for different parts of the Project, or work is performed by the Owner's own forces, the Owner shall: (a) provide for the co-ordination of the work of his own forces and of each separate contract with the Work of this Contract, and {b I ensure that insurance coverage is provided to the same requirements as are called for in GC 20 -INSURANCE. Such insurance shall be co-ordinated with the insurance coverage of this Contractor as it affects the Work of this Contract. 9.3 The Contractor shall co-ordinate the Work of this Contract with the work of Other Contractors and connect as specified or shown in the Contract Documents. If there is a change in the scope of the work re- quired for the planning and performance of this co-ordination and connection, the changes shall be authorized in accordance with GC 11 - CHANGES IN THE WORK AND EXTRA WORK, and the value of the changes shall be determined in accordance with GC 12 - VALUATION AND CERTIFICATION OF CHANGES IN THE WORK. 9.4 The Contractor shall report to the Consultant any apparent deficiencies in Other Contractors' work which would affect the Work of this Contract immediately they come to his attention and shall confirm such report in writing. Failure by the Contractor to so report shall invalidate any claims against the Owner by reason of the deficiencies of Other Contractors' work except as to those of which he was not reasonably aware. 9.5 The Owner shall take all reasonable precautions to avoid labour disputes or other disputes on the Project arising from the work of Other Contractors. ceDe 4 - 1982 File 00720 15 CHANGES IN THE WORK AND EXTRA WORK Changes In the Work: Except as provided in GC 12 - VALUATION AND CERTIFICATION OF CHANGES IN THE WORK, paragraph 12.4: la) the Owner, through the Consultant, without invalidating the Contract, may make Changes in the Work with the Contract Price and Contract Time being adjusted accordingly by written order, and Ibl no Changes in the Work shall be proceeded with without a written order signed by the Owner and no claim for a change in the Contract Price or change in the Contract Time shall be valid unless so ordered and at the same time valued or agreed to be valued as provided in GC 12 - VALUATION AND CERTIFICATION OF CHANGES IN THE WORK. I I I I I I I I I I I I I I I I I I I GC10 SUBCONTRACTORS 10. 1 The Contractor agrees to preserve and protect the rights of the parties under the Contract with respect to work to be performed under subcontract and to: (a) enter into contracts or written agreements with his Subcontractors to require them to perform their work in accordance with and subject to the terms and conditions of the Contract Documents, and Ib} be as fully. responsible to the Owner for acts and omissions of his Subcontractors and of persons directly or indirectly employed by them as for acts and omissions of persons directly employed by him. The Contractor therefore agrees that he will incorporate the terms and conditions of the Contract Documents into all subcontract agreements he enters into with his Subcontractors. 10.2 lhe Contractor agrees to employ those Subcontractors proposed by him in writing and accepted by the Owner at the signing of the Contract. 10.3 The Owner may, for reasonable cause, object to the use of a proposed Subcontractor and require the Contractor to emplOy one of the other subcontract bidders. 10.4 In the event that the Owner requires a change from a proposed Subcontractor the Contract Price shall be adjusted by the difference in cost and mark-up occasioned by such required change. 10.5 The Contractor shall riot be required to employ as a Subcontractor a person or firm to whom he may reasonably object. . 10.6 The Consultant may, upon reasonable request and at his discretion, provide to a Subcontractor information as to the percentage or quantity of the Subcontractor's work which I)as been certified for payment. 10.7 Nothing contained in the Contract Documents .shall create. a contractual relationship between a Subcontractor and the Owner. GC 11 11.1 11.2 GC12 12.1 12.2 16 Extra Work: (a) The Owner may offer the Contractor Extra Work. If the terms and conditions for the performance of the Extra Work are agreed upon, the Owner, through the Consultant, shall issue a written change order amending the Contract Price and Contract Time es appropriate, or a written order to proceed until a price and change in time are agreed upon by the parties and a change order can be issued. VALUATION AND CERTIFICATION OF CHANGES IN THE WORK If the type of work involved in a Change in the Work is included in the items contained in the Schedule of Contract Unit Prices in Article A-3 - CONTRACT PRICE, paragraph Ic), it shall be performed on the same payment basis as the original Work except as described in paragraphs 12.7 and 12.8, and the Contract Time shall be extended for such time as the Consultant may decide in consultation with the Contractor. If the type of work involved in a Change in the Work is not included in the items contained in the Schedule of Contract Unit Prices in Article A-3 - CONTRACT PRICE, paragraph (c), or is such as to alter the nature or intent of the work included in this Schedule, tha value of such changa shall be determined in one or more of the following methods: la) by estimate and a9ceptance In a lump sum; Ib) by unit prices agreed upon; (c) by cost and a fixed or percentage fee; ld) by variation of the Contract Unit Prices. CCDC4 - Ill112 File 00720 I I I I I I I I I I I I I I I I I I I 12.3 12.4 12.5 12.6 12.7 12.8 12.9 12.10 GC13 13.1 13.2 13.3 13.4 GC14 14.1 When a Change in the Work covered by paragraph 12.2 is proposed or required the Contractor shall present to the Consultant for approval his claim for a change in the Contract Price and change in Contract Time with appropriate documentation in a form acceptable to the Consultant. The Consultant will satisfy himself as to the correctness of such claim and, when approved by the Owner, a change order shall be issued to the Contractor amending the Contract Price and Contract Time as appropriate. The value of work performed in the change shall be included for payment with the regular certificates for payment. In the case of Changes in the Work to be paid for under methods (b) and (c) of paragraph 12.2, the form of presentation of costs and methods of measurement shall be agreed to by the Consultant and Contractor before proceeding with the change. The Contractor shall keep accurate records, as agreed upon, of quantities or costs and present an account of the cost of the Change in the Work, together with vouchers where applicable. If the method of valuation, measurement, change in Contract Price and change in Contract Time cannot be promptly agreed upon, and the change is required to be proceeded with then the Consultant in the first instance will determine the method of valuation, measurement and the change in Contract Price and Contract Time subject to final determination in the manner set out in GC 7 - DISPUTES. In this case the Consultant will, with the consent of the Owner, issue a written authorization for the change setting out the method of valuation and if by lump sum his valuation of the change in Contract Price and Contract Time. In the case of a dispute in the valuation of a change authorized in the Work and pending final determination of such value, the Consultant will certify the value of work performed in accordance with his own evaluation. of the change .and include the amount with the regular certificates for payment. The Contractor shall keep accurate records of quantities and cost of such work. Should the actual quantity of an item in the Schedule of Contract Unit Prices referred to in Article A.3 - CONTRACT PRICE, paragraph Icl, vary by more than 15% of the estimated quantity, either the Owner or the Contractor may request a revision to the Contract Unit Price contained in the Schedule. Such a re- quest for a revision in a Contract Unit Price shall be given as soon as reasonably possible after the party concerned becomes aware of the circumstances. If a revision to a Contract Unit Price is negotiated, then: la) the revised unit price in the case of a decrease of more than 15% of the estimated quantity will apply to the actual work performed for that item, and Ib) the revised unit price in the case of an increase of more than 15% of the estimated quantity will apply to the excess quantity of work for that item only. If either party requests renegotiation of a Contract Unit Price, both parties agree to act promptly in order to arrive at an equitable revision of the Contract Unit Price prior to proceeding with the work so affected. If agreement of such renegotiation cannot be reached, the Contractor shall proceed with the work and the matter shall be subject to final determination in the manner set out in GC 7 - DISPUTES. Pending such settlement, payment for the work performed shall be made on the regular certificates for payment on the basis of the Contract Unit Prices. It is intended in all matters referred to above that the Owner, the Consultant and Contractor shall act promptly. APPLICATIONS FOR PAYMENT Applications for payment on account may be made monthly as the Work progresses. Applications for payment shall be dated the last day of the agreed monthly payment period and the amount claimed shall be for the value of work performed and products delivered to the Place of the Work at that date. Applications for payment for products delivered to the Place of the Work but not yet incorporated into the Work shall be supported by such evidence as the Consultant may reasonably require to establish the value and delivery of the products. Applications for release of holdback monies following Substantial Performance of the Work and the application for final payment shall be made at the time and in the manner set forth in GC 14 - CERTIFICATES AND PAYMENTS. CERTIFICATES AND PAYMENTS The Consultant will, no later than ten (10) days after the receipt of an application for payment from the Contractor submitted in accordance with GC 13 - APPLICATIONS FOR PAYMENT, issue a certificate for payment in the amount applied for or in such other amount as he determines to be properly due. If the Consultant amends the application, he will promptly notify the Contractor in writing giving his reasons for the amendment. ceDe 4 - 1982 File 00720 17 14.2 The Owner shall make payment to the Contractor on account in accordance with the provisions of Article A-4 ~ PAYMENT no later than fifteen (15) days after the issuance ofa certificate for payment by the Con- sultant. 14.3 The Consultant will, no later than ten (10) days after the receipt of an application from the Contractor for a certificate of Substantial Performance of the Work, make an inspection and assessment of the Work to verify the validity of the application. The Consultant will, no later than seven 17) days after his inspection, notify the Contractor of his approval or the reasons for his disapproval of the application. When the Con- sultant finds that Substantial Performance of the Work has been reached he will issue such a certificate, The date of Substantial Performance of the Work shall be as stated in this certificate. Immediately follow- ing the issuance of the certificate of Substantial Performance of the Work, the Consultant. in consultation with the Contractor, will establish a reasonable date for the Total Performance of the Work. 14.4 Immediately following the issuance of the certificate of Substantial Performance of the Work the Consultant will issue a certificate for payment of holdback monies. The hoidback monies authorized by this certificate shall become due and payable on the day following the expiration of the statutory limitation period stipulated in the lien legislation applicable to the Place of the Work or where such legislation does not exist or apply in accordance with such other legislation, industry practice or such other provisions which may be agreed to between the parties, providing that the Owner may retain out of such holdback monies any sums required by law to satisfy any liens against the Work or other monetary claims against the Contractor and enforceable against the Owner and that the Contractor has submitted to the Owner a sworn statement that all accounts for labour, subcontracts, products, construction machinery and equip- ment and other indebtedness which may have been incurred by the Contractor in the Substantial Performance of the Work and for which the Owner might in any way be held responsible have been paid in full except holdback monies properly retained. 14.5 Where legislation permits and where, upon application by the Contractor, the Consultant has certified that the work of a Subcontractor has been totally performed to his satisfaction prior to the Substantial Per- formance of the Work, the Owner shall pay the Contractor the holdback retained for such Subcontractor on the day following the expiration of the statutory limitation period for such Subcontractor stipulated in the lien legislation applicable to the Place of the Work. 14.6 Notwithstanding the provisions of paragraph 14.5 and notwithstanding the wording of such certificates the Contractor shall ensure that such work is protected pending the Total Performance of the Work and be responsible for the correction of defects in it regardless of whether Or not they were apparent when such certificates were issued. 14.7 The Consultant will, no later than ten (10) days after the rec\lipt of an application from the Contractor for payment upon Total Performance of the Work, make an inspection and assessment of the Work to verify the validity of the application. The Consultant will, no later than seven 17) days after his inspection, notify the Contractor of his approval or the reasons for his disapproval of the application. When the Consultant finds that Total Performance of the Work has been reached he will issue a certificate of Total Performance of the Work and certify for payment the remaining monies due to the Contractor under the Contract less holdback monies which are required to be retained. The date of Total Performance of the Work shall be as stated in this certificate. Subject to the provisions of GC 18 - WORKERS' COMPENSATION INSURANCE, paragraph 18.1 the Owner shall, no later than fifteen (15) days after the issuance of such certificate, make payment to the Contractor in accordance with the provisions of Article A.4 - PAY- MENT. 14.8 The release of the remaining holdback monies shall become due and payable on the day following the expiration of the statutory limitation period stipulated in the lien legislation applicable to the Place of the Work, or where such legislation does not exist or apply in accordance with such other legislation, industry practice or such other provisions which may be agreed to between the parties, providing that the Owner may retain out of such holdback monies any sums required by law to satisfy any liens against the Work or other monetary claims against the Contractor and enforceable against the Owner and that the Contractor has submitted to the Owner a sworn statement that all accounts for labour, subcontracts, products, construction machinery and equipment and other indebtedness which may have been incurred by the Contractor in the Total Performance of the Work and for which the Owner might in any way be held responsible have been paid in full except holdback monies properly retained. 14.9 If because of climatic or other conditions reasonably beyond the control of the Contractor there are items of work that cannot be performed, payme,nt in full for work which has been performed as certified by the Consultant shall not be withheld or delayed by the Owner on account thereof, but the Owner may withhold until the remaining work is finished only such monies as the Consultant determines are sufficient and reasonable to cover the cost of performing such remaining work and to adequately protect the Owner from claims. I I I I I I I I I I I I I I I I I I I 18 eeDe 4 - 1882 File 0D72ll I I I I I I I I I I I I I I I I I I I 14.10 No payment made by the Owner under this Contract or partial or entire use or occupancy of the Work by the Owner shall constitute an acceptance of work or products which ara not in accordance with the reo quirements of the Contract Documents. 14.11 All certificates issued by the Consultant shall be to the best of his knowledge, information and belief. By issuing any certificate the Consultant does not guarantee the correctness or completeness of the Work. 14.12 As of the date of Total Performance of the Work, as set out in the certificate of Total Performance of the Work, the Owner expressiy waives and releases the Contractor from all claims against the Contractor including without limitation those that might arise from the negligence or breach of contract by the Contractor except one or more of the following: (a) those made in writing prior to the date of Total Performance of the Work and still unsettled; lb) those arising from the provisions of GC 19 - INDEMNIFICA nON or GC 24 - WARRANTY; In the Common Law provinces GC 14. 121c) shall read as follows: (c) those made in writing within a period of six years from the date of Substantial Performance of the Work, as set out in the certificate of Substantial Performance of the Work, or within such shorter period as may be prescribed by any limitation statute of the province or territory of the Place of the Work and arising from any liability of the Contractor for damages resulting from his performance of the Contract with respect to substantial defects or deficiencies in the Work for which the Contractor is proven rasponsible. As used herein "substantial defects or deficiencies" means those defects or deficiencies in the Work which affect the Work to such an extent or in such manner that a significant part or the whole of the Work is unfit for the purpose intended by the Contract Documents. In the Province of Quebec GC 14. 121c) shall read as follows: lc) those arising under the provisions of Article 1688 of the Civil Code. 14.13 As of the date of Total Performance of the Work, as set out in the certificate of Total Performance of the Work, the Contractor expressly waives and releases the Owner from all claims againSlthe Owner including without limitation those that might arise from the negligence or breach of contract by the Owner except those made in writing prior to the Contractor's application for payment upon Total Performance of the Work and still unsettled. 14.14 Notwithstanding GC 1 - DOCUMENTS, paragraph 1.6, in the event of conflict between the provisions of this General Condition and Article A.5 - RIGHTS AND REMEDIES paragraph la) or GC 22 - DAMAGES AND MUTUAL RESPONSIBILITY, the provisions of this General Condition shall govern. GC 15 TAXES AND DUTIES 15.1 Unless otherwise stated in Supplementary Conditions the Contractor shall pay the government sales taxes, customs duties and excise taxes with respect to the Contract. 15.2 Where an exemption or recovery of government sales taxes, customs duties or excise taxes is applicable to the Contract, ti'1e procedure shall be as established in the Supplementary Conditions. 15.3 Any increase or decraase in costs to the Contractor due to changes in such taxes and duties after the date of the tender shall increase or decrease the Contract Price accordingly. GC16 16.1 16.2 LAWS, NOTICES, PERMITS AND FEES The laws of the Place of the Work shall govern the Work. The Contractor shall obtain the permits, licences and certificates and pay the fees required for the performance of the Work which ara in force at the date of tender closing, but this shall not include the obtaining of parmanent easements or rights of servitude. The Contractor shall give the required notices and comply with the laws, ordinances, rules, regulations, codes and orders of the authorities having jurisdiction which ara or become in force during the performance of the Work and which relate to the Work, to the preservation of the public health, and to construction safety. 16.3 ceDe 4 - 1982 FH.OO72O 19 GC17 17.1 16.4 16.5 17.2 The Contractor shall not be responsible for verifying that the Contract Documents are in compliance with the applicable laws, ordinances, rules, regulations and codes relating to the Work. If the Contract Documents are at variance therewith, or changes which require modification to the Contract Documents are made to the laws, ordinances, rules, regulations and codes by the authorities having jurisdiction subse- quentto the date of tender closing, the Contractor shall notify the Consultant in writing requesting direc- tion immediately such variance or change becomes known to him. The Consultant will make the changes required to the Contract Documents in accordance with GC 11 - CHANGES IN THE WORK AND EXTRA WORK and the value of the changes shall be determined in accordance with GC 12 - VALUA- TION AND CERTIFICATION OF CHANGES IN THE WORK. I I I I I I I I I I I I I I I I I I I If the Contractor fails to notify the Consultant in writing and obtain his direction as required in paragraph 16.4 and performs work knowing it to be contrary to any laws, ordinances, rules, regulations, codes and orders of the authorities having jurisdiction, the Contractor shall be responsible for and shall correct the violations thereof and shall bear the costs, expense and damages attributable to his failure to comply with the provisions of such laws, ordinances, rules, regulations, codes and orders. PATENT FEES The Contractor shall pay the royalties and patent licence fees required for the performance of the Contract. He shall hold the Owner harmless from and against claims, demands, losses, costs, damages, actions, suits, or proceedings arising out of the Contractor's performance of the Contract which are attributable to an infringement or an alleged infringement of a patent of invention by the Contractor or anyone for whose acts he may be liable. The Owner shall hold the Contractor harmless against claims, demands, losses, costs, damages, actions, suits, or proceedings arising out of the Contractor's performance of the Contract which are attributable to an infringement or an alleged infringement of a patent of invention in executing anything for the purpose of the Contract, the model, plan or design of which was supplied to the Contractor as part of the Contract Documents. GC 18 WORKERS' COMPENSATION INSURANCE 18.1 Prior to commencing the Work and prior to receiving payment on Substantial and Total Performance of the Work, the Contractor shall provide evidence of compliance with the requirements of the province or territory of the Place of the Work with respect to workers' compensation insurance including payments due thereunder. 18.2 At any time during the term of the Contract, when requested by the Owner, the Contl'llctor shall provide such evidence of compliance by himself and his Subcontractors. GC19 19.1 19.2 19.3 19.4 20 INDEMNIFICATION The Contractor shall indemnify and hold harmless the Owner and the Consultant, their agents and employees from and against claims, demands, losses, costs, damages, actions, suits or proceedings by third parties that arise out of, or are attributable to, the Contractor's performance of the Contract (hereinafter called "claims"I, provided such claims are: (a) attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible pro- perty,end (bl caused by negligent acts or omissions of the Contractor or anyone for whose acts he may be liable, and (cl made in writing within a period of six years from the date of Substantial Performance of the Work, es set out in the certificate of Substantial Performance of the Work, or within such shorter period as may be prescribed by any limitation statute of the province or territory of the Place of the Work. The Owner expressly waives the right to indemnity for claims other than those stated above. The obligation of the Contractor to indemnify hereunder shall be limited to one million dollars per occurrence from the commencement of the Work until Substantial Performance of the Wor~ and thereafter to an aggregate limit of one million dollars. The Owner shall indemnify and hold harmless the Contractor, his agents and employees from and against claims, demands, losses, costs, damages, actions, suits, or proceedings arising out of the Contractor's performance of the Contract which' are attributable to a lack of or defect in title or an alleged lack of or defect in title to the Place of the Work. Notwithstanding GC 1 - DOCUMENTS paragraph 1.6, in the event of conflict between the provisions of this General Condition and Article A-S - RIGHTS AND REMEDIES peragraph tal or GC 22 - DAMAGES AND MUTUAL RESPONSIBILITY, the provisions of this General Condition shall govern. CCDC4 -1l1li2 FilllOO72ll I I I I I I I I I I I I I I I I I I I GC 20 INSURANCE 20.1 Without restricting the generality of GC 19 - INDEMNIFICATION, the Contractor shall provide, maintain and pay for the insurance coverages listed in this General Condition unless otherwise stipulated: (al General Uabillty Insurance: General liability insurance shall be in the joint names of the Contractor, the Owner, and the Consultant with limits of not less than one million dollars inclusive per occurrence for bodily injury, death, and damage to property including loss of use thereof, with a property damage deductible of five hundred dollars. The form of this insurance shall be the latest edition of CCDC Form 101 and shall be main- tained continuously from commencement of the Work until twelve (12) months following the date of Substantial Performance of the Work, as set out in the certificate of Substantial Performance of the Work, or until the certificate of Total Performance of the Work is issued, whichever is the later, and with respect to completed operations coverage for a period of not less than twenty-four (24) months from the date of Total Performance of the Work, as set out in the certificate of Total Performance of Work, and thereafter to be maintained for a further period of four (41 years. Should the Contractor decide not to employ Subcontractors for operations requiring the use of explosives for blasting, or pile driving or caisson work, or removal or weakening of support of property, building or land; CCDC Form 101 as required shall include Endorsement CCDC Form 101-2. . (b) Automobile Liability Insurance: Automobile liability insurance in respect of licensed vehicles shall have limits of not less than one million dollars inclusive per occurrence for bodily injury, death, and damage to property, in the follow- ing forms endorsed to provide the Owner with not less than fifteen (15) days written notice in advance of any cancellation, change or amendment restricting coverage: . 11) Standard non-owned automobile policy including standard contractual liability endorsement. 121 Standard owner's form automobile policy providing third party liability and accident benefits insurance and covering licensed vehicles owned or operated by or on behalf of the Contractor. lei Aircraft and Watercraft Uability Insurance: Aircraft and watercraft liability insurance with respect to owned or non-owned aircraft and watercraft if used directly or indirectly in the performance of the Work, including use of additional premises, shall be subject to limits of not less than one million dollars inclusive per occurrence for bodily injury, death, and damage to property including loss of use thereof and limits of not less than one 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 fifteen 1151 days written notice in advance of cancellation, change or amendment restricting coverage. (d) Property and Boilar Insurance: (1) All risks property insurance shall be in the joint names of the Contractor, the Owner and the Con- sultant, insuring not less than the sum of the amount of the Estimated Contract Price and the full value, as stated in the Supplementary Conditions, of products that are specified to be provided by the Owner for incorporation into the Work, with a deductible not exceeding one percent of the amount insured at the site of the Work. The form of this insurance shall be the latest edition of CCDC Form 201 and shall be maintained continuously until ten (10) days after the date of Total Performance of the Work, as set out in the certificate of Total Performance of the Work. 12) Boiler insurance insuring the interests of the Contractor, the Owner and the Consultant for not iess than the replacement value of boilers and pressure vessels forming part of the Work. The form of this insurance shall be the iatest edition of CCDC Form 301 and shall be maintained con- tinuously from commencement of use or operation of the property insured and until ten (101 days after the date of Total Performance of the Work, as set out in the certificate of Total Performance of the Work. (3) Should the Owner wish to use or occupy part or all of the Work he shall give thirty (301 days writ- ten 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, as in subparagraphs (1) and 121, in CCDC Forms 201 and 301, 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 polices upon termina- tion of coverage. eeDe 4 - 1982 File 00720 21 20.2 20.3 20.4 GC21 21.1 21.2 21.3 22 (4) The policies shall provide that, i.n 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 the Owner and himself 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 l/1e 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 Consultant may decide in consultation with the Contractor. (5) Payment for loss or damage: 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 GC 13 - APPLICATIONS FOR PAYMENT and GC 14 - CER- TIFICATES AND PAYMENTS. In addition the Contractor shall be entitled to receive from the.; paymentS made by the Insurer the amount of the Contractor's interest in the restoration of the Work. (6) The Contractor shall be responsible for deductible amounts under the policies except where such amounts may be excluded from the Contractor's responsibility by the terms of GC 21 - PROTECTION OF WORK AND PROPERTY and GC 22 - DAMAGES AND MUTUAL RESPONSIBILITY. (7) In the event of loss or damage to the Work arising from the work or act of an Other Contractor, the Owner, in accordance with his obligations under GC 9. - OTHER CONTRACTORS, paragraph 9.2, shall pay the Contractor the cost of restoring the Work as the restoration of the Work proceeds and in accordance with the requirements of GC 13 - APPLICATIONS FOR PAY- MENT and GC 14 - CERTIFICATES AND PAYMENTS. I I I I I I I I I I I I I I I I I I I (el Contractors' Equipment Insurance: All risks contractors' equipment insurance covering construction machinery and equipment used by the Contractor for the performance of the Work, including boiler insurance on temporary boilers and pressure vessels, shall be in a form acceptable to the Owner and shall not allow subrogation claims by the Insurer against the Owner. The policies shall be endorsed to provide the Owner with not less than fifteen (15) 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 his equipment, the Owner agrees to waive the equipment insurance requirement. Unless specified otherwise the duration of each insurance policy shall be from the date of commencement of the Work until the date of Total Performance of the Work, as set out in the certificate of' Total Performance of the Work. The Contractor shall provide the Owner with proof of insurance prior to commencement of the Work and shall promptly provide the Owner with a certified true copy of each insurance policy exclusive of informa- tion pertaining to premium or premium bases used by the Insurer to determine the cost of the insurance. If tha Contractor fails to provide or maintain insurance as required in this General Condition 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 and the Consultant. The cost thereof shall be payable by the Con- tractor to the Owner on demand or the Owner may deduct the costs thereof from monies which are due or may become due to the Contractor. PROTECTION OF WORK AND PROPERTY The Contractor shall protect the Work and the Owner's property and property adjacent to the Place of the Work from damage and shall be responsible for damage which may arise as the result of his operations under the Contract except damage which occurs as the result of: la) errors in the Contract Documents; Ib) acts or omissions by the Owner, the Consultant, Other Contractors, their agents and employees. Should the Contractor in the performance of this Contract damage the Work, the Owner's property or property adjacent to the Place of the Work, the Contractor shall be responsible for the making good of such damage at his expense. Should damage occur to the Work or Owner's property for which the Contractor is not responsible as provided in paragraph 21.1 he shall make good such damage to the Work and if the Owner so directs to the Owner's property and the Contract Price and Contract Time shall be adjusted in accordance with GC 11 - CHANGES IN THE WORK AND EXTRA WORK and the value of the changes shall be determined in accordance with GC 12 -VALUATION AND CERTIFICATION OF CHANGES IN THE WORK. eeoe 4 - 1982 File 00720 I I I I I I I I I I I I I I I I I I I GC22 DAMAGES AND MUTUAL RESPONSIBILITY 22.1 If either party to this Contract should suffer damage in any manner because of any wrongful act or neglect of the other party or of anyone for whom he is responsible in law, then he shall ba reimbursed by the other party for such damage. The party reimbursing the other party shall be subrogated to the rights of the other party in respect of such wrongful act or neglect if It be that of a third party. 22.2 Claims under this General Condition shall be made in writing to the party liable within reasonable time after the first observance of such damage and may be adjusted by' agreement or in the manner set out in GC 7 - DISPUTES. 22.3 If the Contractor has caused damage to an Other Contractor on the Work, the Contractor agrees upon due notice to settle with such Other Contractor by agreement or arbitration, if he w~1 so senle. If such Other Contractor sues the Owner on account of d~mage alleged to have been so sustained, the Owner shall notify the Contractor and may require the Contractor to defend the action at the Contractor's expense. If a final order or judgment against the Owner arises therefrom the Contractor shall payor satisfy it and pay the costs incurred by the Ownar. 22.4 If the Contractor becomes liable to payor satisfy a final order, judgment or award against the Owner then the Contractor, upon undertaking to indemnify the Owner against any and all liability for costs, shall have the right to appeal in the name of the Owner such final order or judgment to any and all courts of compe- tent jurisdiction. BONDS The Contractor shall promptly provide to the Owner the surety bonds called for In the tender documents. Such bonds shall be issued by a duly licensed surety company authorized to transact a business of suretyship in the province or territory of the Place of the Work and shall be maintained in good standing until the fulfillment of the Contract. The form of such bonds shall be in accordance with the latest edition of the CCDC approved bond forms. GC 24 WARRANTY 24.1 The Contractor shall be responsible for the proper performance of the Work only to the extent that the design and spacifications permit such performance. 24.2 Subject to paragraph 24.1 the Contractor agrees to correct promptly, at his own expense, defects or deficiencies in the Work which appear prior to and during the period of one year from the date of Substan- tial Performance of the Work, as set out In the certificate of Substantial Performance of the Work, or such longer periods as may be specified for certain products or work. 24.3 During the period provided in GC 3 - CONSULTANT, paragraph 3.2, the Consultant shall promptly give the Contractor wrinen notice of observed defects and deficiencies. 24.4 The Contractor agrees to correct or pay for damage resulting from corrections made under the requirements of paragraph 24.2. GC23 23. 1 23.2 GC25 25.1 25.2 25.3 25.4 CONTRACTOR'S RESPONSIBILITIES AND CONTROL OF THE WORK The Contractor shall have complete contml of the Work and shall effectively direct and 'supervise the Work so as to ensure conformance with the Contract Documents. He shall be solely responsible for construction means, methods, techniques, sequences and procedures and for co-ordinating the various parts of the Work under the Contract. The Contractor shall be solely responsible for construction safety at the Place of the Work and for compliance with the rules, regulations and practices required by the applicable construction safety legisla- tion. The Contractor shall have the sole responsibility for the design, erection, operation, maintenance and removal of temporary structural and other temporary facilities and the design and execution of construc- tion methods required in their use. The Contractor shall engage and pay for registered professional engineering personnel skilled in the appropriate disciplines to perform these functions where required by law or by the Contract Documents and in all cases where such temporary facilities and their method of construction are of such a nature that professional engineering skill is required to produce safe and satisfactory results. Notwithstanding the provisions of paragraphs 25.1 and 25.3, or provisions to the contrary elsewhere in the Contract Documents where such Contract Documents include designs for temporary structural and other temporary facilities or specify a method of construction in whole or in part, such facilities and methods shell 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 he is responsible for the execution of the Work. CCDC4 -1982 FiI.OO720 23 24 eeDe 4 - 1982 Ale 00720 I I I I I I I I I I I I I I I I I I I 25.5 The Contractor shall review the Contract Documents and shall promptly report to the Consultant any error, inconsistency or omission he may discover. Such review by the Contractor shall be to the best of his knowledge, informetion and belief and in making such review the Contractor does not assume any respon- sibility to the Owner or the Consultant for the accuracy of the review. The Contractor shall not be liable for damage or costs resulting from such "rrors, inconsistencies or omissions in the Contract Oocuments which he did not discover. If the Contractor does discover any error, inconsistency or omission in the Contract Documents he shall not proceed with the work affected until he has received corrected or mis- sing information from the Consultant. 25.6 The Contrector shall prepare and update as required a construction schedule indicating the timing of the major activities of the Work. The schedule shall be designed to ensure conformance with the required Contract Time. The schedule shall be submitted to the Owner and the Consultant for their information within a reasonable time from the date of Contract award. The Contractor shall monitor the progress of the Work relative to the schedule and advise the Consultant of any revisions required as the result of delays as provided in GC 4 - DELAYS, indicating the results expected from the resultant change in schedule. GC26 SUPERINTENDENCE 26.1 The Contractor shall employ a competent supervisor and necessary assistants who shall be in attendance at the Place of the Work while work is being performed. 26.2 The supervisor shell be satisfactory to the Consultant and shall not be changed except for good reason and only then after consultation with the Consultant. 26.3 The supervisor shall reprasent the Contractor at the Place of the Work and instructions given to him by the Consultant shall be held to have been given to the Contractor. Important instructions shall be confirmed to the Contractor in writing: other instructions shall be so confirmed if requested. GC Z1 LABOUR AND PRODUCTS 27.1 Unless otherwise stipulated elsewhere in the Contract Documents, the Contractor shall provide and pay for labour, products, tools, construction machinery and equipment, water, heat, light, power, transporta- tion and other facilities and services necessary for the performance of the Work in accordance with the Contract. 27.2 Products provided shall be new unless otherwise specified in the Contract Documents. Products which are not specified shall be of a quality best suited to the purpose required and their use subject to the approval of the Consultant. 27.3 The Contractor shall maintain good order end discipline among his employees engaged on the Work and shall not employ on the Work anyone not skilled in the task assigned to him. GC 28 SUBSURFACE CONDITIONS 28.1 The Contractor shall promptly notify the Consultant in writing if in his opinion the subsurface conditions at the Place of the Work differ materially from those indiceted in the Contract Documents, or a reasonable assumption of probable conditions based thereon. 28.2 After prompt investigation, should the Consultant determine that conditions do differ materially, he will issue appropriate instructions for changes in the Work in accordance with GC 11 - CHANGES IN THE WORK AND EXTRA WORK, and the value of the changes shall be determined in accordance with GC 12 - VALUATION AND CERTIFICATION OF CHANGES IN THE WORK. GC29 29.1 USE OF THE WORK The Contractor shall confine his apparatus, the storage of products, and the operations of his employees to limits indicated by laws, ordinances, permits or the Contract Documents and shall not unreasonably encumber the premise.s with his products. The Contractor shall not load or permit to be loaded any part of the Work with a weight or force that will endanger the safety of the Work. 29.2 I I I I I I I I I I I I I I I I I I I GC30 CLEANUP AND FINAL CLEANING OF THE WORK 30.1 The Contractor shall maintain the Work in a tidy condition and free from the accumulation of waste products and debris, other than that caused by the Owner, Other Contractors or their employees. 30.2 Upon attaining Substantial Performance of the Work, the Contractor shall remove his surplus products, tools, construction machinery and'equipment not required for the performance of the remaining work. He shall also remove waste products and debris other than that caused by the Owner, Other Contractors or their employees, and leave the Work clean and suitable for occupancy by the Owner unless otherwise specified. 30.3 Total Performance of the Work shall not be attained until the Contractor has removed his surplus products, tools, construction machinery and equipment. He shall also have removed waste products and debris, other than that caused by the Owner, Other Contractors or their employees. GC31 CUTTING AND REMEDIAL WORK 31.1 The Contractor shall do the cutting and remedial work required to make the several parts of the Work come together properly. The Contractor shall co-ordinate the Work to ensure that this requirement is kept to a minimum. Should the Owner, the Consultant, Other Contractors or anyone employed by them be responsible for ill-timed work necessitating cutting or remedial work to be performed, the cost of such cutting or remedial work shall be valued as provided in GC 12 - VALUATION AND CERTIFICATION OF CHANGES IN THE WORK. 31.2 31.3 31.4 Cutting and remedial werk shall be performed by specialists familiar with the materials affected and shall be performed in a manner to neither damage nor endanger the Work. . GC32 INSPECTION OF THE WORK 32.1 The Owner and the Consultant or their authorized agents or representatives shall at all times have access to the Work. If parts of the Work are in preparation at locations other than the Place of the Work, the Owner and the Consultant or their authorized agents or representatives shall be given acces~ to such work whenever it is in progress. 32.2 If work is designated for special tests, inspections or approvals in the Contract Documents, or by the Consultant's instructions, or the laws or ordinances of the Place of the Work, the Contractor shall give the Consultant timely notice requesting inspection. Inspection by the Consultant shall be made promptly. The Contractor shall arrange for inspections by other authorities and shall give the Consultant timely notice of the date and time. 32.3 If the Contractor covers or permits to be covered work that has been designated for special tests, inspections or approvals before such special tests, inspections or approvals are made, given or completed, he shall, if so directed, uncover such work, have the inspections or tests satisfactorily completed and make good such work at his own expense. 32.4 The Consultant may order any part or parts of the Work to be specially examined should he believe that such work is not in accordance with the requirements of the Contract Documents. If, upon examination such work be found not in accordance with the requirements of the Contract Documents, the Contractor shall correct such work and pay the cost of examination and correction. If such work be found in accordance with the requirements of the Contract Documents, the Owner shall pay the cost of examina- tion and replacement. 32.5 The Contractor shall furnish promptly to the Consultant two (2) copies of certificates and inspection reports relating to the Work. GC33 33.1 REJECTED WORK Defective work, whether the result of poor workmanship, use of defective products, or damage through carelessness or other act or omission of the Contractor and whether incorporated in the Work or not, which has been rejected by the Consultant as failing to conform to the Contract Documents shall be removed promptly from the Place of the Work by the Contractor and replaced or re-executed promptly in accordance with the Contract Documents at the Contractor's expense. Other Contractors' work destroyed or damaged by such removals or replacements shall be made good promptly at the Contractor's expense. If in the opinion of the Consultant it is not expedient to correct defective work or work not performed in accordance with the Contract Documents, the Owner may deduct from the monies otherwise due to the Contractor the difference in value between the work as performed and that called for by the Contract Documents, the amount of which will be determined in the first instance by the Consultant. 33.2 33.3 ceDe 4 - 1982 File 00720 25 26 CCOC. -l982F11ellD72ll I I I I I I I I I I I I I I I I I I I GC 34 SHOP DRAWINGS 34.1 The term "shop drawings" meens drawings, diagrams, illustrations, schedules, performance charts, brochures and othar data which ara to be provided by tha Contractor to iIIustrata datsils of a portion of tha Work. 34.2 The Contractor shall arrange for the preparation of claarly identified shop drawings as called for by the Contract Documents or as the Consultsnt may, reasonably request. 34.3 Prior to submission to the Consultant tha Contractor shall review all shop drawings. By this review the Contractor represents that he has determined and verified all fiald measurements, field construction criteria, materials, catalogue numbers and similar data or will do so and thet he has chacked and co- ordinated each shop drawing with the requirements of the Work and of the Contract Documents. The Contractor's review of each shop drawing shall be indicated by stamp, date, and signature of a responsible person. 34.4 The Contractor shall submit shop drawings to the Consultant for his review with reasonable promptnass and in orderly sequence so as to cause no delay in the Work or in the work of Other Contractors. If either the Contractor or the Consultant so requests they shall jointly prepare a schedule fixing the dates for sub- mission and return of, shop drawings. Shop drawings shall be submitted in the form of reproducible transparencias or prints as the Consultant may direct. At the time of submission the Contractor shall notify the Consultant in writing of any deviations in the shop drawings from the requirements of the Contract Documents. 34.5 The Consultant will review and return shop drawings in accordance with any schedule agreed upon, or otherwise with reasonable promptness so as to cause no delay. The Consultant's review will be for conformity to the design .concept and for general arrangement only and such review shall not relieva the Contractor of responsibility for errors or omissions in the shop drawings or of.responsibility for meeting all requirements of the Contract Documents unless a deviation on the shop drawings has been approved in writing by the Consultant. 34.6 The Contractor shall make any changes in shop drawings which the Consultant may require consistent with the Contract Documents and resubmit unless otherwise directed by the Consl.::ant. When resubmit- ting, the Contractor shall notify the Consultant in writing of any revisions other than those requested by the Consultant. GC36 35.1 CASH ALLOWANCES The Estimated Contract Price includes cash allowances stated in the Contract Documents and itemized in the Schedule of Contract Unit prices. Cash allowances, unless otherwise specified, cover the net cost to the Contractor of services, products, construction machinery and equipment, freight, unloading, handling, storage, installation and other authorized expenses incurred in performing the work stipulated under the cash allowances. The Contract Unit Prices, and not the cash allowances, include the Contractor's overhead and profit in connection with such cash allowances. Where costs under a cash allowance exceed the amount of the allowance, the Contractor shall be compensated for any excess incurred and substantiated plus an allowance for overhead and profit as set out in the Contract Documents. The Estimated Contract Price shall be adjusted by written order to provide for any excess or deficit to each cash allowance. Progress payments on account of work authorized under cash allowances shall be included in the Consultant's monthly certificates for payment. A schedule shall be prepared jointly by the Consultant and Contractor to show when itams celled for under cash allowances must be authorized by the Consultant for ordering purposes so that the progress of the Work will not be delayed. 35.2 35.3 35.4 35.5 35.6 35.7 GC36 CONTINGENCY ALLOWANCE 36.1 The Estimated Contract Price includes the contingency allowance, if any. stated in the Contract Documents and itemized in the Schedule of Contract Unit Prices. 36.2 Expenditures under the, contingency allowance shall be authorized in accordance with GC 11 - CHANGES IN THE WORK AND EXTRA WORK. and the value shall be determined in accordance with GC 12 - VALUATION AND CERTIFICATION OF CHANGES IN THE WORK. ;1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 ( f-..Dn J')VL11\ Son~tcJ 0- ~_." Page 28 01 41 Tender CL 2006-61 THE CORPORATION OF THE MUNICIPALITY OF CURINGTON PURCHASING OFFICE Courtlce Entry Feature SCHEDULE (0) TENDER FORM Sealed Tenders for goOOl andlor services listed below, submitted CD the forrru and in the envelope provided. win be received by the office Qf lhe Clerk. Corporation of the Municipality of Clarington. 40 Temperance SI., BowllWlville. Dorado. LIC 3A6, unLillhc closing lime and date indicated hereon. CLOSING TIME AND DATE (l.ooa1 Time): 1:00:00 P.M. (localllmo), DA 'fE: WEDNESDAY NOVEMBER I, 1006 Mob"",,: Start CODltructioD: Substaodal Completlon: JlJNE 1, 2007 Tender No: CU006-61 REFJPURCHASINGMANAGER: Lou AuuBlrkeU. ............................................................. Da..: OCTOBER 12,2006 Phoa. (905) 623-3379 Tenden are invited for UIe following goods/services aDdlor projects specified herein and auociated documents. plans and spccifica'iom. Complele in full, all blanks where provided and rerum one COP), and/or set in the envelope provided. Bid deposits andlor agreement to bond. if required. must accompany render submission under same cover and envelope. All lenders musl comply in accordance with fesulations. teems ADd coaditioos setforth olD all teDder documents. Succcssfullcnders mUllt accept lerms and conditions of subsequent official purchase order issued by the Corporation of the Municipality of Claringtoa. unless othc:rwi.se stipulated. The lowest or any lender not necessarily accepted. Tenders must comply and conform 10 all regulations. terms conditioos and instructioos specified in By-law '20()6..127 of the Corporation of the Municipality oC Clarington. %TZII DZSClu:PT%OIl' "STDlAftJ> DInT DInT BX'1'ENDED PlUCK QlIJlH'1'%TY PRZCB Prices lendered shall be pay.bra in Canadian Funds, F.O.B. destination, unless otherwise indicated. Ontario Retail Sales tax and the Federal Goods and Services Tax, if appUcable, shall be quoted 8S a separate Item. IMle hereby agree to supply all necessary labour, materials, equIpment, preparation and supervision to complete this contract, as per all terms, conditions and speclflcaUOns setforth herein for the prices bid 88 follows: 1. SITE WORKS, ROUGH GRADING AND FIXED 1, hSLf. fo PLANTING BED PREPARATION. FEE 2. SUPPLY AND INSTALL GRANITE FIXED IJ1 Lf43.S~ LANDSCAPE CHUNKS COMPLETE AS PER DETAILS. FEE 3. SUPPLY AND INSTALL GRANITE SIGNAGE 1 LUMP g, If.3l.l ~ ROCK COMPLETE AS PER DETAILS. SUM 4. SUPPLY AND INSTALL SANDeLASTING AND LUMP /, 950.00 PAINTING OF LETTERING ON SIGNAGE ROCK. SUM 5. SUPPLY AND INSTALL GRANITE DRY 20 SaM S~05~ 1I,{,llbO STACK WALLS COMPLETE AS PER DETAILS. FACE 6. SUPPLY AND INSTALL GRANITE RIVER 11 SaM IQ3.?6 J, Jilb.&E)" STONE COMPLETE AS PER DETAILS. 7. SUPPLY AND INSTALL 100 D1A. WEEPING 36 L.M. 33.<6 () ',:II ".7;0 TILE BEHIND WALLS AS PER DETAIL. 6. HYDRO ONE SERVICING COSTS LUMP (CONNECTIONSlMETEAlETC.) SUM $ 2.000.00 CASH ALLOWANCE .. . . I I . I I I I I I . I I I . I I C-. ~-" c Page 29 of 41 Tender CL 2006-61 THE CORPORATION OF THE MUNICIPAUTY OF CLARINGTON PURCHASING OFFICE E F I Courlice nlrv I ea ure DESCRIPTION ESTIMATED UNIT UNIT EXTENDED PRICE ITEM QUANTITY PRICE 9. SUPPLY AND INSTALL LIGHTING FIXTURES 2 EACH J/l175,). 5,1~7.oLf AS PER ELECTRICAL DRAWINGS. 10_ SUPPLY AND INSTALL ELECTRICAL LUMP 5,3~7- 00 L1NESlHOOKUPS ETC.TO LIGHTING SUM AXTURES COMPLETE ,AS PER ELECTRICAL DRAWINGS AND TO ELECTRICAL CODE. 11. SUPPLY AND INSTALL TOPSOIL, FINE 148 SQ.M. 13,{,0 01, Old. '60 GRADING AND SCDDING. 12. PLANTING if5Jsq QI15.og GLEDITSIA TRIACANTHOS SHADEMASTER 2 80mm 12a. CAL 12b. PICEA PUNGENS GLAUCA 3 3500 I J/O-OO .3, b30. 00 mm HGT. I 120. AMELANCHIER CANADENSIS 4 2500 5' b -I J-.. ,1" o{,~. 4~ mm HGT. 12d_ CORNUS ALBA ELEGANTISSIMA 9 1000 34-./b 307.tftf mm HGT. 128. CORNUS RACEMOSA 13 1000 3J'6~ IfdT51 mm HGT. 121. EUONYMUS ALATA COMPACTA 19 600 4-bJ 0 ~lq_l0 mm . HGT. 129_ VIBURNUM DENTATUM 3 1500 I~t,.n Soo.9tj. mm HGT. 12h. JUNIPERUS CHINENSIS OLD GOLD 12 600 31.Q5 Lf55. lfO mm . 121. PINUS MUGO 16 600 lL/-t,tf III ~tj. Jt.f mm 121_ ECH'NACEA PURPUREA :n 2 GAL. J,o.ai.f lLJ.~t.~g 12k. GAILLARDIA GRADIFLORA GOBLIN 47 2 GAL ~O.d.tf 95/. J.g 121. HEMEROCALLlS HYPERION 31 2 GAL. ~O ..It.f ~Jllf4- I I I I I I I I I I I I I I I I I I I C-, ..~' c Page 30 of 41 Tender CL 2006-61 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE Courllce Entrv Feature 12m. HEMERCAWS STELlA D'ORO 34 2 GAL. ~O.Jt hW>./(, 12n. RUBECKIA FULGIDA GOLDSTURM 76 2 GAL. J(J,J~ /,53g.Jtf . 120. HELICTOTRICHON SEMPERVIRENS 43 2 GAL. J1.5{ ~ a tf. Cf 3 12p. PENNISETUM ALOPECUROIDES HAMLEN 18 2 GAL d/.61 3'67./"1 12q. MISCANTHUS SINENSIS PURPURASCENS 18 2 GAL JI.5/ .3<67./~ 13. MISCELLANEOUS: PLEASE SPECIFY LUMP - SUM SUBTOTAL $ 77,J5J. 0 I P.S.T. to be Included In _bov. price If, (,35. J;). G.S.T. EXTRA $ TOTAL BID PRICE $ ~ 1/6 <t1./3 e tJ GUARANTEED DELIVERY OR COMPLETION CASH DISCOUNT 'I.. DATE UPON RECEIPT OF OFFICIAL ORDER.......................... AND TERMS................................................, ... ORIGIN OF GOODS: GOODS TO BE SHIPPED CITY & COUNTRY ........................................1................. FROM CITY & COUNTRY....................J........... The undersigned. tenderer agrees to supply and deliver aN goods and/or servfcee for prices (5) tendered to the Corporation of the Municipality of Cfarlngton In accordance with all terms, specfflcatlons and concitlons specified herein. FIRM NAME; (Tendered). AUTHORIZED SIG11 ____ PRINT NAME AND TITLE: Ronald D. Robinson Vice President November 1, 2006 Ron Robinson Limited ADDRESS: 3075 Maplegrove Road, Bowmanville, ON L1C 3K4 TELEPHONE NUMBER; 905-697.0400 DATE FAX NUMBER: 905-697.0581 I I I I I I I I I I I I I I I I I I I c c Page 31 of 41 Tender CL 2006.61 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE Courtice Entry Feature TENDER SUBMISSION We hereby offer to furnish all materials, and labour, including all prime costs, allowances and government Sales or other taxes (including Goods and Services Tax and Provisional Sales Tax), permits and fees, all as necessary for the proper installation and completion of all aspects of the entire project, for the sum of: TOTAL TENDER PRICE (including G.s.T.LJ.l1 J ~ 'i\ 1 .J?> In submitting this Tender, we recognize that the Owner does not bind himself to accept the lowest or any Tender and reserves the right to reject any or all tender submissions. Upon receiving notification of Contract Award, we agree to: A) commence work by date indicated, weather and site conditions permitting B) substantially complete all work in accordance with construction schedule C) made every effort to abide by the Owner's requirements for completion of work and to complete the work in an orderly and efficient manner, without undue delays D) execute the Owner's standard fonn of Contract and General conditions thereto E) furnish a Performance Bond of 100% of the work ($ 9,'" ~ ~ 1 .1 ~ ), at our expense for the project execution of the specified work, the said bonds to be issued by a Canadian company satisfactory to the Owner. Submitted by Principal or Owner of Firm: Ronald D. Robinson, Vice President NarneJ)Jnt) Signature Corporate Seal I I I c c Page 32 of 41 Tender CL2006-61 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE Courtice Entry Feature The following work will be executed I Under a Subcontract ~W,J ((/p.tES Name of Subcontractor I I I I I I If the Bidder is an individual I Firm Name Owner and Official Address I If Bidder is a Partnership I Firm Name Official Address I Name of all Parties I If Bidder is a Corporation I Corporate Name Ron Robinson Limited Address 3075 Maplegrove Road, Bowmanville L 1C 3K4 I City and Province in which Incorporated Ontario I I .1 I I I I I I I I I I I I I I I I I I c c Page 33 of 41 Tender CL 2006.61 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE Courtlce Entry Feature ~arne. addresses, and title of Offices Authorized to sign contract Ronald D. Robinson, Vice President 3075 Maplearove Road. Bowmanville L 1 C 3K4 I I I I I I ('" .,............ c THE GUARANTEE COMPANY OF NORTH AMERICA 4950 Yonge Street, Suite 1400 MadiJon Centre North York, Oatario M2N 6Kl T.I.: (416) 223.9580 Fax: (416) 223-{i577 BID BOND Bond No.: TS 8002375/65 Bond Amount: $10% of the Total Tender Price RON ROBINSON LIMITED as Principal, hereinafter caIled the Principal, and THE GUARANTEE COMPANY OF NORTH AMERICA a cmporation created and existing under the laws of Canada and duly authorized to transact the businesS of Surety.bip in Canada as Surety, hereinafter caIled the Surety, are held and firmly bound unto Corporation of the MuncipaUty of Clarlngton as Obligee, hereinafter called the Obligee, in the amount of Ten Percent of the Total Tender Price - nllOO Dollars ($100/. ofthe Total Tender Price) 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 submitted a written bid to the Obligee dated November I, 2006, for CL2006-61 Courtice Entry Feature, Courtice The condition of this obligation is such that if the Principal shall have the bid accepted within the time period prescnbed in the Obligee's bid documents, or, if no time period is specified in the Obligee's bid documents, within Ninety (90) days from the closing date as specified in the Obligee's bid documents, and the Principal enters into a fonnal contract and gives the specified security, then this obligation shall be void; otherwise, provided the Obligee takes all reasonable steps to mitigate the amount of such excess costs, the Principal and the Surety will pay to the Obligee the difference in money between the amount of the bid of the Principal and the amount for which the Obligee legally contracts with another party to perform the work if the latter amount be in excess of the former. The Principal and the Surety shall not be liable for a greater SIUD than the Bond Amount It is a condition of this bond that any suit or action DDJSt be cormnenced within seven (7) months of the date of this Bond. No right of action shaH accrue hereunder to or for the use of any person or corporaluJn other thlUl the Obligee named herein, or the heirs, executors, administrotors or successors of the ObUgee. IN WITNESS WHEREOF, the Principal and the Surety have Signed and Sealed this Bond dated November I, 2006. SIGNED and SEALED in the ~ence of h~ /LiINSONUMlTED Principal Fndmed by- CCDC 220 (Ian. 2003 -Bid Bond & Surety Comenl- Standard) THE GUARANTEE COMP AMERICA Brian Edmunds, Attorney-in-fact Canadian Company Serving Canadians since 1872 I C' c ~ W..H\.lIllllo1'~."..I)& I Josu=""",d 200 FRON'l' S2WBB'J' JfEST ~,..IJ.t,,,",~ 7ORClHTO' ON.I'ARIO CSPAII' f:(:'~~~:l.~ H5V 3Jl' (.U6J 344-1012 I I I I I I I I I I I I I I I I I CONTRAcrOR L' ENTREPRENEUR RON ROBINSON LIMITED 3075 MAPLE GROVE RD BOWMANVILLE ON L1.C 3K4 Clearance Certificate Certiffcat de decharge Tha Wo,tpIBao s.r.ty _ I.........,. _ (WSIBl '-"by waivH N. righto ..- Soction 141 of tt. W....p1_ 6afaty and I_ra Act to hold tt. Prin:ipal, that is in . COntrlChYI IIlIreemllll'd wllh the ConIr8CttIt 1l8IIIed. Il8bIe for _ SIlctlcn 141 l.bi6ty of the Co_ far pnlIIlUITW .00 ....... of the WSIB owing now or within 80 doys InNn the dace at INlI CenI(""'le PIt' .. jriHnta. II Commilllilln dtI II Mcwi16 profusionnelle el r_ oorme Ies .cddenlll dU lrllY8ll (CSPAA Tl flRlllOlllWX droig qullul 8OIl1 conf4tde en vwtu de 1'8rdcIe 141 dtI II Loi sur . ..rit4Prateaiom. It I'_.onco _.. 'os .cclcllnII du uavaI <It "" l'autor!tont a wr* 1'0I'lIr'ePf8IIIU llfIncipIl. qui a 1ign6 unl en_ contraCluelle _ l'lnt~ doni: II nom fiIJu'_r Ie lrielnl oanllicat, ICIJKI'IIIbICI du paiemem de tout prime ou de tout" IOIIIRIll que l'lIIlIntpI'8llIl nt lellU dl verser a II CSPM T Imm4dloilemem au danaleo 60 joll/llculvam II dltll indiqu'" .... co .,.rtificat. THIS CERTIFICATE IS VALID FOR ALL CONTRAcrS OF THE NAMED CONTRACTOR DURING THE EFFECTIVE PERIOD LE PRESENT CERTIFlCAT EST VALIDEPOUR TaUS LES CONTRATS PASSES PAR LEDIT ENTREPRENEUR PENDANT LA PERIODE D' W,lJ'-1~1'~~diiJ~WBI" _li#o_",_dVl__...",c-..T. _No.l1f'''_ .... No. I N" d'-."du 1608002 211725C . ..i~.:'2t;'!~<<<:<<<<'<<-' ':A.~.-.~~~.-..,.. ,......."'.z' "'~<'-i-"'.I-'''' , ~:...,~~,".~-:~.~-..~........"'1_-:"{-~ .:,t, .... '., "."c"",-"}',''''/'Z' ...~~~"-~"-~,~-""~.,,~.....'.'l..:.......r" " ...,.".."".....'.-',~....,. (C~',r. ,.1;"':'''/.'6~ :"'~ ' ...~~,. '(.-t,"'~. ...;.s'~~ /!. '~(,'~-?:~(0' '.'R4(t....'. , ....- ~ ,. '.' .."~~-,,.,~- ;;.." .....'..".,,,..,,,. ~,<. I.!h _,.~,~~\",;~,;~.~.},~c~,~lj_~./~/. .~. .'~'~'.'. }"'::i}Y"'(';'\,~,,(,::"1';'\.. -"..,-':'\" ~.;;.:\;c~,,"'X.::-:k:?:'~l;(4.<<.;(' ''/.7''.'' H>',C:' J~ " 'l/./.'/..Z''', .~">><;~:-~~;.;:;~)~~~~.."'=....Y'ry~...;,....~_ _I T_ OOlct\>dOn _,TU ~ i122000 WATERWORKS AND SEW i121001 HIGHWAYS/STREETS/S 4124001 POWER TRANSMISSION 4215000 EQUIPMENT RENTAL ( r~~"-~"o.~.~w.- e-.,.WSII W you --..,1100 voIIdlly '" Ill. cIaaI...... V<<IIiJIr'~INr"c.sNAT_WIUI' .".*", WlIUN'.pttJxrnl~. 0190C 101/001 c.t~""lfrdtlt:IIIfi6:M 2 02578601 19056970581 ,. I . . . . . . . I . . . . . I I I I c c Page 34 of 41 Tender CL 2006-61 THE CORPORATION OF THE MUNICIPAUTY OF CLARINGTON PURCHASING OFFICE Courtlce Entrv Feature Bond No.: T8 8002375165 Closing Date: November 1, 2006 Ar..RFFMF.NT TO RONn (TO BE COMPLETED BY BONDING COMPANY) CONTRACT NO, CL2006-61 WE, the Undersigned, HEREBY AGREE to become bound as Surety for RON ROBINSON LIMITED In Performance Bond totalling ONE HUNDRED PERCENT (100%) of the CONTRACT amount, and Labour and Material Payment Bond totalling ONE HUNDRED PERCENT (100%) of the CONTRACT amount, and confonning to the Instruments of Contract attached hereto, for the full and due performance of the works showing or described herein, if the Tender for Contract No, CL2006-6! is accepted by the Municipality of Clarington, Courtice Entry Feature, Courtice IT IS A CONDITION of this Agreement that if the above mentioned Tender is accepted, application for a Performance Bond and a Labour and Material Payment Bond must be made to the Undersigned within TEN (l 0) DAYS of Notice of Contract Award, otherwise the Agreement shall be null and void, DATED AT Toronto this 1st day of November 2006. The Guarantee Company of North America Name of Bonding Company Rril'ln I=rlmllnrl.. Signature of Authorized Person. Signing for Bonding Company Attorney-in-fact Position (This Form shall be completed and attached to the Tender Submission) .1 I I I I I I I I; I: II II II I I I I I I c THE CORPORATION OF THE MUNICIPAUTY OF CLARINGTON PURCHASING OFFICE Courtice Entry Feature ADDENDUM NOTES Re: Courtice Entry Feature Name: Ron Robinson Limited Address: 3075 Maplellrove Road, Bowmanville, ON L 1C 3K4 Telephone: 905-697-0400 Date: November 1. 2006 To: Clerks Office Corporation of the Municipality of Clarington 40 Temperance Street Bowmanville, Ontario LIC 3A6 Telephone: Fax: (905) 623-3379 (905) 623-4169 Page 3S of 41 Tender CL 2006-61 Baving examined the drawing numbers as indicated on the bid sheet, Instruction to Bidders, and forms attached thereto, the general conditions, the specifications, inclusive and all addenda and drawings issued during the period numbered and dated as follows: Addendum No. --1Ll A dated Addendum No. Addendum No. Addendum No. Addendum No. dated dated dated dated All as prepared by JVF Consultants (1998) Inc., Landscape Architects. for the construction of: COURTICE ENTRY FEATURE I I I c c Page 36 of 41 Tender CL 2006-61 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE Courtice EnlfY Feature INFORMATION SHEET I RmnF.R'~ RF.FF.RF.NrF.~ 2005 I Year Description of Contract I Name of Organization Hunt Street, Bowmanville Road Reconstruction Municipality of Clarington I Contact Person Telephone Number I Value of Contract Tony Cannella 905.623.3379 $2.2M I 2004 Year I Description of Contract I Name of Organization Contact Person I Telephone Number I Value of Contract Alexandra Street Reconstruction, Oshawa City of Oshawa Jeff Barry 905-725-7351 $800.000.00 I Please provide detail as to bidder's financial responsibility, (banker, etc.), references, auditor's name and address, etc.) I Scotia Bank 75 King Street, West, Oshawa L1H 1B4 Jim Herring, Manager I I I I I I I I I I I I I I I I I I I I I I I JVF COrNILTANIS(m8) !Nt LANDSCAPE ARCHITECTS 1895 Clements Road Unit 166 Pickering, Ontario LlW-3V5 Tele: (905) 686-Z954 Fax: (905) 686-4843 E-mail: jvf98@jvf98.on.ca November 20, 2006 Mr. Ronald D. Robinson Ron Robinson Limited 3075 Maplegrove Road Bowmanville, ON LlC 3K4 Dear Sir: Landscape Architecture Urban Design Site Planning Recreatiooal Planning illustrative Graphics Re: Contract No. CL2006-61, Courtice Entry Feature Weare in the process of completing the contract documents as per the Municipalities requirements and require the items indicated below for insertion in the contract. We require the information below to complete the contract documents which we will be forwarding when completed to the Municipality of Clarington for signing. The Municipality will then contact your office regarding signing. The total tender amount for this project is $ 77,252.01 plus G.S.T. The following information is required: . Certificate of Clearance issued by the Workplace Safety and Insurance Board. . Performance and Labour and Material Payment Bonds each in the value of 100% of the total tender amount. . List of proposed subcontractors listing sublet items, (requires approval by the Municipality). . List of proposed material suppliers, (requires approval by the Municipality). + MEMBER OF: CANADIAN SOCIIITY OF LANDSCAPE ARCIIITECTS + ONTARIO ASSOCIATION OF LANDSCAPEARCllITEcrs + 1\ fllI\'1 Lr\\l' 14'IS [\(, r \\p..( \1'1 \l<11lI III I" I I I I I I I I I I I I I I I I I I I Ron Robinson Limited November 20,2006 . Name of Project Supervisor including a telephone number in the event of emergency after hours. . Construction Schedule. . Certificate of Insurance detailing your coverage and also naming Municipality of Clarington, the Regional Municipality of Durham, NF Consultants (1998) Inc. as additional insured. . Shop Drawings and permits as required during the construction process to be provided to Peter Windolf for review and approval. Please courier the information back to our office at your earliest convenience. Please note that Peter Windolf of the Municipality of Clarington will be handling the contract administration for this project. If there are any questions please feel free to contact the undersigned. Best regards, - JVF Consultants Inc. (1998) John Vieira a.A.L.A, C.S.L.A. Landscape Architect. + MEMBER OF: CANADIAN SOCIEfY OF LANDSCAPE ARCHITECTS + ONTARIO ASSOCIATION OF LANDSCAPE ARCHITEcrs + 1\ f lll\\llf\\ F- 14'1.1<1\(, J\\Jl"ll\PI \IHHlIICI~ I I I I I I I I I I I I I I I I I I I 3075 MAPLEGROVE ROAD BOWMANVILLE, ONTARIO L1C 3K4 PHONE: (905) 697-<1400 FAX: (90S) 697-<1581 E-MAIL: rr10ronrobcon.com November 29, 2006 JVF Consultants (1998) Inc. C/o Municipality of Clarington Peter Windolf 40 Temperance St., 3'd Floor Bowmanville, ON llC 3A6 ATTENTION: John Vieira RE: Cl2006-61 MuniciDalitv of Clarinaton Courtice Entrv Feature Please find attached the following listed documents: . Performance Bond 100% of total tender amount . labour & Material Bond 100% of total tender amount . Certificate of Insurance . Current WSIB Certificate of Clearance . Ministry of labour Notice of Project . Form 1000 Reg. Const. & Employers . List of Supervisor, phone numbers, Subcontractors & Material suppliers . Construction schedule to be determined upon award of contract Trusting this meets with your requirements. Yours truly, RON ROBINSON LIMITED fP"i-'c' "Icr.) MUI1iCIPALlTY or- I Nor.) ~ FI:e .,!~ ! I ~~~I~~~~gr'l J~i:_"'_:-=-_._J~~.:' I_......~._._~ I':"""":)""; i ; I UJPI:,STO J w,,.. 1 2006 I NGi;:i;~9-;;;7~-;;;;;r-'! l=~="~-.-= ..~~J~._~ 1#' ._~~__~ inv~~E:~,~:-: '~~~~;~;~I=J ~Hl-:;~::;',!L~ 'E''''-r.O\"'- (-~\' -, 1!l1. (IN'~" -, ' ..~, _ ~...--.-....___' I\\ii.t':il'';' ....t'1'J,:.;t;S ~. ;\;~ ",.~r,,::~:? ";'~.:::~~__',.~, DEPAiiTMSH ~~ Dawn Genore ~-"'~- .....",.....,,- -//;..:'i!;}lT8: Hie: ; '-~-:'~'l 'I !i I /Attach. ... "ik';il_7_ sewers . watermalns . roads underaround electrical . eaulDment rentals . site services MEMBER dCQ DURHAM ,-- iI.lIlOC''''TIOM 'A~II:I ~,,'\o,p~'l,.!1,lf..I)''' I .!!.~ ""oc,".,..,,,,,1 2DO FRONT STRBBT DST I CSPJII' <':~,,",l..,,:,,,"'~ :IORONTO ONTARIO pmwimmeU.lBtder~ I "",,,"",""""""duu.vaiI H5V 3Jl (416) 344-1012 I I I I I I I I I I I I I I I I I Clearance Certificate Certificat de decharge CONTRACTOR L' ENTREPRENEUR The Wo,kpboat Salooty and lnau,,,,,,,,, _ (WS181 '-"by waiv.. b ,;ghts unci. Soetion 141 01 the Workplaca SafBly and Insunlnce Act to hold the Principal, that is in a contractual ogrecmant with the Contractor named, liable fot any section 141 Ii*biity tit thll CD_Ill' for premium, and Ievieo of !he W!lIB owing now or within 80 doya from the dote of thio Cortif""'te Par Jq pr&ente, II Commlsaion de II o4curIt4 Ptof_IDnlllllle et I'Issuranoe contra IIa aDllidems du travail (C!lI'AATI renonce lUX drob qui lui 90111 con/4tH en venu de l'anicIe 141 de fa 1.oI sur I, oewri!jprofwni<>nnolta et I'issurance .Oclntre Ies ,O<lidento du lUlvall at qui l'au!orisent ~ terir I'entropNneur prtnclpel, q~ a &lgn6 une entente contractuelle avec I'antrepr_ dont Ie nom figuraaur Ie IriRnt lltlnifk:at responlllble du paiement de tlM prfmo uu de tout" """,me que l'entrePfenelJr est Woo de verser ~ Ia CSPMT lmm~iatemem 011 dans les 60 jour!; sulvam Ia date indiquw our co certifical. RON ROBINSON LIMITED 3075 MAPLE GROVE RD BOWMANVILLE ON L1C 3K4 THIS CERTIFICATE IS VALID FOR ALL CONTRACTS OF THE NAMED CONTRACTOR DURING THE EFFECTIVE PERIOD LE PRESENT CERTIFICAT EST VALIDE POUR LEDIT ENTREPRENEUR PENDANT LA PERIODE TOUS LES CONTRATS PASSES PAR D' WJ,..H;;~T~~QIliJ;W8I" _~_'''____''''''C&''OAT. :'i~. 1: _..../N'...._ Firm No. I N'd'entrlpliie 1608002 211725C Rarei TMIJI OoMe~ ",.,.;- Rm/Tlu.l 4121001 HIGHWAYSjSTREETSjS 4122000 WATERWORKS AND SEW 4124001 POWER TRANSMISSION EQUIPMENT RENTAL ( 4215000 I c_O~~~,!Da_W'M'~ ClrfIfJcatIl No. f 119 tM aBdiIif:at 202634624 19056970581 Contaa 1110 WSID ~.... _ 1he wlldIty .. th" docuonont. VIIIIIIr CtmIrnIIIIlwr w<<'" CSJIAA r III' VOUI mutI!I'. fa tlillhJiM w p(tt$eI'Il ~h!Df'. 0190C 1011991 I I THE GUARANTEE COMPANY OF NORTH AMERICA I Standard Construction Document I PERFORMANCE BOND eeDe 221 - 2002 I No. TS 5062885 Bond Amount $77,252.01 I Ron Robinson Limited as Principal, hereinafter called the Principal, and The Guarantee Company of Norlh 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 heid and firmly bound unto The Corporation of the Municipality of Clarinaton as Obligee, hereinafter cailed the Obligee, in the amount of Seventy-Seven Thousand, Two Hundred Fifty-Two-----01/100 Dollars ($77,252.01) 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 severaily. WHEREAS, the Principal has entered into a written contract with the Obligee, dated November 20, 2006, for Tender #CL 2006-61 - Courlice Entry Feature. Courtice hereinafter referred to as the Contract. I I I The condition of this obligation is such that if the Principal shall promptly and faithfully perform the Contract then this obligation shail be nuil and void; otherwise it shail remain in fuil force and effect. I I I Whenever the Principal shail be, and declared by the Obligee to be, in default under the Contract, the Obligee having performed the Obligee's obligations thereunder, the Surety shail promptly: 1) remedy the default, or; 2) complete the Contnacl 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 shouid be a default, or a succession of defauits, 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 reiating directly to the performance of the work under the Contract, less the balance of the Contnact 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. I I 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 Contnact as defined in the lien legislation where the work under the Contnact 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. I The Surety shail not be liable for a greater sum than the Bond Amount. I No right of action shall accrue on this Bond, to or for the use of, any person or corporation other than the Obiigee 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 November 27, 2006. I SIGNED and SEALED Principal I in the presence of I ikz II; ,,:? 6. Signature d&.' . II. (). I-'rj /Afd/J / t' .. ~/!~AI Name of person signing The Guarantee Company of North America c;;sa Surety a_I. Q. Signature I Phillip C. $"arle, Attorney-in-Fact Name of person signing ~~D~ Copyright2002 Canadian Construction Documents (CCDC 221 - 2002 has been approved by the Surety Association of Canada) I I I I I I I I I I I I I I I I I I I I THE GUARANTEE COMPANY OF NORYH AMERICA LABOUR & MATERIAL PAYMENT BOND (Trustee Form) Standard Construction Document eeDe 222 - 2002 No. TS 5062885 Bond Amount $77,252.01 Ron Robinson Limited 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 Clarington as Obligee, hereinafter called the Obligee, in the amount of Seventy-Seven Thousand, Two Hundred Fifly-Two---01/100 Dollars ($77,252.01) 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 November 20, 2006, for Tender #CL 2006-61 - Courtice Entrv Feature. Courtice 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 oniy be a Claimant to the extent of the prevailing industrial rentai value of such equipment for the period during which the equipment was used in the performance of the Contract. The prevailing industrial rental value of equipment shall be determined, insofar as it is practical to do so, by the prevailing rates in the equipment marketplace in which the work is taking place. 2. The Principal and the Surety, hereby jointly and severally agree with the Obligee, as Trustee, that every Claimant who has not been paid as provided for under the terms of its contract with the Principal, before the expiration of a period of ninety (90) days after the date on which the last of such Claimant's work or labour was done or performed or materials were furnished by such Claimant, may as a beneficiary of the trust herein provided for, sue on this Bond, prosecute the suit to final judgment for such sum or sums as may be justly due to such Claimant under the terms of its contract with the Principal and have execution thereon. Provided that the Obligee is not obliged to do or take any act, action or proceeding against the Surety on behaif of the Ciaimants, 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, slating with substantial accuracy the amount claimed, and that such Claimant shall have brought suit or action in accordance with this Bond, as set out in sub-clauses 3 (b) and 3 (c) below, Accordingiy, no suit or action shall be commenced hereunder by any Claimant: a) unless such notice shall be served by mailing the same by registered mail to the Principal, the Surety and the Obligee, at any place where an office is regularly maintained for the transaction of business by such persons or served in any manner in which legai process may be served in the Province or Territory in which the subject matter of the Contract is located. Such notice shall be given. i) in respect of any claim for the amount or any portion thereof, required to be held back from the Claimant by the Principai, under either the terms of the Claimant's contract with the Principal, or under the lien Legisiation applicable to the Claimant's contract with the Principal, whichever is the greater, within one hundred and twenty (120) days after such Claimant should have been paid in full under the Claimant's contract with the Principai; Ii) in respect of any claim other than for the holdback, or portion thereof, referred to above, within one hundred and twenty (120) days after the date upon which such Ciaimant did, or performed, the last of the work or labour or furnished the last of the materials for which such claim is made under the Claimant's contract with the Principal; b) after the expiration of one (1) year following the date on which the Principal ceased work on the Contract. including work performed under the guarantees provided in the Contract; c) other than in a Court of competent jurisdiction in the Province or Territory in which the work described in the Contract is to be installed or delivered as the case may be and not elsewhere, and the parties hereto agree to submit to the jurisdiction of such Court. The Surety agrees not to take advantage of Article 2365 of the Civil Code of the Province of Quebec in the event that, by an act or an omission of a Claimant, the Surety can no longer be subrogated in the rights, hypothec and privileges of said Claimant. I 5. Any material change in the contract between the Principal and the Obligee shall not prejudice the rights or interest of any Claimant under this Bond, who is not instrumental in bringing about or has not caused such change. I 6. The amount of this Bond shall be reduced by, and to the extent of any payment or payments made in good faith, and in accordance with the provisions hereof, inclusive of the payment by the Surety of claims made under the applicabie lien legislation or legislation relating to legal hypothecs, whether or not such claim is presented under and against this Bond. I 7. The Surety shall not be liable for a greater sum than the Bond Amount. I IN WITNESS WHEREOF, the Principal and the Surety have Signed and Sealed this Bond dated November 27, 2006. in the presence of iA1 Principal I I SiGNED and SEALED Ron Robinson Limited .::> Signature I l-:?rnr 1/. (Jf.(nk/Ju)/l t/t (';J LlI:J1 J~;k.l Name of person sfgning I '(?<.e Company of North America Surety .9 .. ..sL- Signature I Phillip C. Searle, Attorney-in-Fact Name of person signing I I ~~D~ Copyright 2002 Canadian Construction Documents (CCDC 221 - 2002 has been approved by the Surety Association of Canada) I I I I I I I I I I I I I I I I I I I I I I I I I I I CERTIFICATE OF INSURANCE THIS IS TO CERTIFV TO: MUNICIPALITY OF CLARINGTON 40 Temperance 51. Bowmanville, Ontario L 1 C 3A6 NAMED INSURED: that Policy{ies) of Insurance as herein described have been issued to the Insured named this date. RON ROBINSON LIMITED 3075 Maplegrove Road Bowmanville, Ontario L 1 C 3K4 '-.e{)fDBl'::'::?6L';;:J,,:';;fillft'Eitr~~a::[[ij;0ifil~m':[?..ibBmriifi~~~~~;2b;:ilili:~i COMMERCIAL GENERAL L1ABILlTV Lombard General Insurance Company of Canada Polley II CBC0624419 Includina Products and Completed Operations - Personal Injury - Occurrence Fonn - SIanket Contractual - Cross Liability/Severability of Interest Clause - Non-Owned Automobile Liability THIRD PARTY LIABilITY - Owned Vehicles Lombard General Insurance Company of Canada IICBC0624419 UMBRELLA L1ABILITV - In Excess of Underlying Commercial General Liability and Third Party Automobile Liability Limits Lombard General Insurance Company of Canada Policy II CBC 0624419 $ 1,000,000 March 31, 2006 to March 31, 2007 $ 1,000,000 (Aggregate) March 31, 2006 to March 31, 2007 $ 1,000,000 March 31, 2006 to March 31, 2007 $ 9,000,000 March 31, 2006 to March 31, 2007 I COVERING: CL2006-61 Court/co Entry Feature NOTE: It is agreed that MUNICIPAllTV OF CLARINGTON, REGIONAL MUNICIPALITV OF DURHAM AND JVF CONSULTANTS (1998) INC. are added as Additional Insured(s) with respect to Commercial General Liability and Umbrella liability and then only with respect to liability arising out of the operations of the Named Insured at the above noted project. It is further agreed that MUNICIPAUTY OF CLARINGTON will be given 30 days prior written notice of cancellation with respect to Commercial General Liability and Umbrella Liability and 15 days with respect to Third Party Liability (Owned vehicles), except where Statutory Conditions apply. This Certificate of Insurance does not in any way amend or alter the terms, conditions and exclusions of the policies mentioned above. Dated at Concord, Ontario this November 27,2006 at the office of: MASTERS INSURANCE LIMITED 7501 Keele Street, Suite # 400 Concord, Ontario L4K 1Y2 #905-738-4164 Fax # 905-738-5143 ~~ (Au I lw) Ontario Minisby of Labour [J] I--n~-g 533] Notice of Project The Occupational Health and Safety Act --,,- c' =, -- - - ii l",'r~,''!.~ q.:"J!I.b'~%:::::::",- " .~~ -" Ie following Notice of Project is given pursuant to the Regulations for Construction Projects. made thereunder. Print or type in BLOCK CAPITALS d press hard (you are making 3 copies). EE MAILING AND OTHER INSTRUCTIONS ON THE FRONT PAGE OF THIS FORM. Cons"or me /to/J ;, -iJ/J lot & Plan Countv Project Telephone No. Description of Project Cou..-r/--' I~ Postal Code Anticipated Duration of Project MJ k,Ju r ..e. (XI 1-5 06-19 Anticipated number of workers on project: o 50 and over (specify number) o 20-49 '//d/Jt~ {/ tI/J f// 1/--<- (rO~n"J Postal Code / I L/{!3-ffo Type of Construction (Please check only ONE choice) Bt New Construction 0 Alteration 0 Demolition 0 Repair or Restoration Indicate the category which best describes the Project. Select ONE choice only. Services o Hydroelectric Power Plants & related structures (except trans- mission lines) includes dams, hydroelectric power, hydro- electric generating station (4123) o Cable (4124) o Hydro (4124) o Gas (4124) o Telephone (4124) DElee. TowersfTrans. Lines (4124) o WaterISewer(4122) o Pipeline (4113) o Well Drillin9 (4212) o Moving of a building/structure (4499) List all designated substances and hazardous physical agents that may be used, handled or dlsfrurbed by work on the project (See Section 30 of the OHS Act.) Asbestos 0 Arsenic D Ethylene Oxide 0 Lead 0 Silica 0 Vinyl Chloride Acrylonltnle 0 Benzene 0 Isocyanates 0 MerculY 0 Coke Oven Emissions 0 X-Ray If a diving operation is at this project, please complete the Notice for Diving Operations Form. {#OO69} , II a tunnel (including boring, augering or jacking), shaft, caisson or cofferdam is to be constructed at this Project. please complete the Notice lor Tunnels. Shafts, Caissons and Cofferdams. (#0068) For trenching, use of cranes to lift workers (sect 153.1 (11 n, dismantling of multi-point suspended scaffolds, window cleaning, type 3 asbestos operations and type 2 asbestos glove bag removals> 1 sq.m, telephone or contact the MOL office nearest the project to notify the MlnistlY and to obtain your Notification Number. 1m Project Start Date Project End Date, Day Month Year Day Month OJ.. I cl. 0 (). 0 ro 0 ure OIC~ Official Print Name Position orTitle, .' Dat~:i9ned Ill, ~-.Jfit.W() r;l1dQ~~ __n___J8o)ed~&L71'I. Residential Bulldmg 10 Single Family Housing (incl. detached, semi-detached homes/cottages) - (4011) ID Apartment and Other Multiple Housing (incl. apartments, condos & townhouses) - (4012) o High-Rise (4 storeys & above) IL 0 Low-Rise (3 storeys & less) ~ I2i Highway & Road Construction (4121) ~ Asphan Pa~ng (4216) .0 Bridge (4121) ('\"7':: 10....." n1/n&::\ Buildings o Commercial (4022) o Industrial (4021) o Institutional (4023) Additional Categories o Shaft (4127) o Tunnel (4126) o Subway (4129) o Caisson (4221) Estimated Total Cost of Labour and Materials for the Project: r..,....,n._ Additional Cetegorles (Cont.) o Cofferdam (4126) o Excavation - Grading (4214) o Railway (4129) o Marine (4129) o Asbestos Operetions - Type 3 (4211) o Asbestos Glove Bag Removals> 1 sq.m - Type 2 (4211) o Mining Plant (4119) o Shipbuilding (3271) $ ?ZJ 0 Zr I JOB #: 6123 @ Ontario Ontario Ministry of Labour Mlnhstire du Travail de l'Ontarfo I Registration of Constructors and Employers Engaged in Construction Inscription des constructeurs et des employeurs assoc;es a des travaux de construction I I Pursuant to section 5 of the Construction Regulations made under the OHSA. "Before beginning work at a project. each constructor and employer eng~ged in construction shall complete an approved ~egI5!ration form. The constructor shall ensure that each e~ployer at the project provides to the constructor a completed approved reglstratton form; and a copy of the employer's completed form IS kept at the project whlle the employer is working there.n Conformement a I'artic/e 5 du feglement inJilu/e Construction Projects. pris en application de fa Loi sur la sante at fa securite au travail, (des constructeurs et les emp/ayeurs associes. a des lravaux de constructIOn doivent remplir un formu/aire officiel avant de commencer leurs travaux. Les constructeurs doivent veiller a ee g,ua taus las employeurs associes au chantier lui (emettent un formulaire d'inscription dOment rempli. Une copie du farmulaire dinscription des empJoyeurs doit rjtre gard6e BU chantier tant et Bussi longtemps que les emp/oyeurs y travail/ent.>> I I Nature of Business. (check one) Genre d'entreprise (cochez une case) 0 Individual o Sole proprietorship o Partnership [Xl Corporation 0 Joint Venture Individue/fe A proprietaire unique En nom eal/ectit Societe Coentreprise Name and Full Address of Business I Nom et adresse complete de rentreprise Ron Robinson Limited 3075 Maplegrove Road, Bowmanville, ON L1C Telephone No.: Fax: N" de telephone 905-697-0400 N" de telecopieur 905-697-0581 Names of Corporations Main Business Address Nom des sac/etes Adresse princlpale 1. Telephone No.: Fax: N" de telephone N" de telecopieur 2. Telephone No.: Fax: N" de telephone N" de te/ecopieur Names of Directors & Principal Officers litie Date Appointed Nom des directeurs at des principaux dirigeants Titre Date d'entree en fonc1ion 1. Ronald D. Robinson Vice President 1989 2. . Average No. of Employees on Project [Xl 1 - 5 0 6 -19 0 20 -49 0 50 + I 50 et plus Nombre moyen d~employes sur Ie chantier Master Business Licence No. Retail Sales Tax No. WSIS No. WSIS Rate No. N" du permis principal NG de taxe de vente N" de compte (CSPAAT) N" de groupe tan"alre d'enlreprise (MCC) au detail (CSPAAT) R104620729 N/A 211725C 4121 -- I hereby certify lhallhe above information is correct I J'atteste par la presente que les renseignements donm~s plus haul sont exacts. Position & Title Signature Date Poste et titre .~ 'C;;;:;;lure Date Dawn Genore, Project Coordinator ci4/tJ;c . 'Z{Pf j' November 24, 2006 I I I I I I I I I I I Employers are required to submit the completed form to the Constructor for posting/display at the project. Las employeurs do/vent remettre Ie formulalre dument rempll au constructeur pour qu.1l pulsse I'afflcher sur /e chantier. This form may be photocopied I Ce formulairo peut elm photocopie. 1000 \03/00/ I I I 3075 MAPLEGROVE ROAD BOWMANVILLE, ONTARIO L1C3K4 I I I I I I I I I I I I I I I I I I PHONE: (905) 69Hl400 FAX: (905) 697-OSS1 E-MAIL: rrl@ronrobcon.com EMERGENCY PERSONNEL MATERIAL SUPPLIER/SUBCONTRACTOR LIST PROJECT: CL2006.61 Municipality of ClarinQton Courtice Entry Feature EMERGENCY PERSONNEL NAME: Jim Gazdik - Superintendent PHONE: (905) 429-1647 - Cell (905) 697-0400 - Office NAME: - Foreman PHONE: (905) - Cell # - Foreman PHONE: (905) - Cell # PHONE: (905) 429.1843. After Hours SUPPLIERS I SUBCONTRACTORS LISTING: PVC PIPE & FITTINGS: PRECAST MANHOLE SUPPLIER: CONCRETE PIPE SUPPLIER: ASPHALT: CA TCHBASINS/CUL VERTS: FRAME & COVER SUPPLIER: GRANULAR MATERIAL:. Kovacs Sand & Gravel WATERMAIN & APPURTENANCE SUPPLIER: CONCRETE CURB/SIDEWALK: LANDSCAPE STONE: Belmonte Rose Granite Corp. ... 7.t..?-7_ sewers . watermalns . roads under!lround electrical . equipment rentals . sIte services MEMBER dCQ DURHAM COHUIIUCTIQH u__ I I I I I I I I I I I I I I I I I I I Page 4 of 41 Tender CL 2006-61 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE Courtice Entry Feature SCHEDULE (A) INSTRUCTIONS TO BIDDERS SCOPE OF WORK: The contractor shall provide a lump sum of all labour, equipment, materials, preparation and supervision necessary to complete the work described in the specifications, drawings and details. INQUlRJES: Inquiries concerning Geueral Conditions shall be directed to: Lou Ann Birkett, C.P.P., A.M.C.T. Purchasing Manager (905) 623-3379 Inquiries concerning Specifications shall be directed to: JOHN VIEIRA JVF Consultants (1998) Inc. 1895 Clements Road, Unit 166 Pickering, ON LlW 3V5 Telephone Fax No. (905) 686-2954 (905) 686-4843 No claim will be allowed for lack of description, conditions or facilities in this specification. QUALITY AND WORKMANSHIP: The workmanship and quality of materials and labour shall be first class in every respect, and will be subject to approval by the Director of Engineering or his designate. TENDERED PRICES: The lump sum price or prices quoted in the Tender Form shall include the furnishing of all materials, supplies and equipment and providing of all labour, construction tools and equipment, utility and transportation services necessary to perform and complete all the work required under the Contract, including all miscellaneous work, whether specifically included in the Contract Documents or not. It is the intention ofthe Drawings and Specifications to provide finished work. Any items omitted therefrom which are clearly necessary for the completion of the work or its appurtenances shall be considered a portion of the work though not directly specified and/or shown or called for on the Drawings. Prices shall remain firm for the duration of the contract. I I I I I I I I I I I I I I I I I I I Page 5 of 41 Tender CL 2006-61 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE Courtice Entry Feature SCHEDULE (A) INSTRUCTIONS TO BIDDERS (continued): RIGHT OF OWNER TO ACCEPT OR REJECT TENDERS: The Owner, The Corporation of the Municipality of Clarington, reserves the right to accept any tender submitted; the lowest or any tender need not necessarily be accepted and the Owner reserves the right to reject any or all tenders at his sole discretion. OMISSIONS OR DISCREPANCIES: Should the tenderer find discrepancies in, or omissions from, the drawings, specifications or other tender documents, or should he be in doubt as to their meaning, he shall notify the Consultant who may send a written instruction to all tenderers. Verbal interpretations of such omissions or discrepancies will not be given. AWARD OF CONTRACT: The award of this contract is subject to the approval of the Owner. In the event that all Bids received exceed the Owner's budget for the project, the Owner shall negotiate changes in the scope of work as described by the drawings and specifications with the bidder submitting the lowest acceptable Bid Price. If the negotiations result in a Contract Price acceptable to both Parties, no further re-bidding of the project will be undertaken, and the Contract shall be awarded at the negotiated price. If the negotiations fail to produce a Contract Price acceptable to both Parties, or if, in the first instance, the changes contemplated result in a value in excess of 15% and the Owner wishes competitive prices thereon, the Bid Documents will be amended and invitations to re-bid will be issued to the Bidders who submitted the three (3) lowest Bids on the original Bid call. We further understand and agree that the subcontractors invited to re-Bid shall likewise be restricted to those who submitted the three (3) lowest acceptable prices in each Contractor's original Bid. INTERPRETATIONS AND ADDENDA: No oral interpretations shall be made to a tenderer as to the meaning of any of the contract documents, or be effective to modify any ofthe provisions of the contract documents. Every request for an interpretation shall be made in writing, addressed and forwarded to the Consultant. The Municipality shall issue written Addenda to all bidders if any interpretation is required. I I I I I I I I I I I I I I I I I I I Page 6 of 41 Tender CL 2006-61 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE Courtice Entry Feature SCHEDULE (A) INSTRUCTIONS TO BIDDERS (continued): PRODUCTS AND SUBSTITUTIONS: AIl products or materials specified or shown on the Drawings by brand name catalogue number and/or by the name of the manufacturer or supplier shall form the basis of the Tender. i) Base Tender Price on projects specified anellor shown on Drawings. ii) The Owner reserves the right to accept or reject any or all of the proposed substitutions. iii) AIl requests will include all required technical information, organized and presented in easily understandable format. QUANTITIES ARE ESTIMATED: The quantities shown for unit price and lump sum items in the Tender Form are estimated only and are for the sole purpose of indicating to tenderers the general magnitude of the work. For any work done or material supplied on a unit price basis, the Contractor will be paid for the actual measured quantities at the respective unit prices tendered. Measurements shall be taken in the field and transferred to as built drawings and area and volume calculations will be generated this way. The Consultant has the right to increase or to reduce the quantities required or to suspend or omit any item or portion of the work at any time, as he may deem advisable. The Contractor shall not be entitled to any compensation for loss of anticipated profit as a result of the deletion of any item or part of an item from the Tender Form. PROOF OF ABILITY OF CONTRACTOR TO DO WORK: The Owner reserves the right to reject any tender where satisfactory evidence of sufficient capital, plant and experience to successfully complete the work in the specified time, is not furnished by the Tenderer. I I I I I I I I I I I I I I I I I I I Page 7 of 41 Tender CL 2006-61 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE Courtice Entry Feature SCHEDULE (A) INSTRUCTIONS TO BIDDERS (continued): SALES TAX: Any applicable Provincial Sales Tax to be included in the prices bid. The Federal Goods and Services Tax to be shown e,,1ra where indicated on the pricing schedule. PAYMENT AND QUANTITIES: Payments shall be made subject to the following: PROGRESS PAYMENT All Payments for 90% of value of the constructed works shall be made to the contractor within 30 days after receipt of the Contractor's claim for payment, this supersedes the general conditions of the CCDC 4. Payments made hereunder, including final payment, shaB not relieve the company from its obligations or liabilities under the contract. Acceptance by the company of the final payment shaB constitute a waiver of claims by the company against the Municipality, except those previously made in writing in accordance with the contract and still unsettled. The Municipality shall have the right to withhold from any sum otherwise payable to the company such amount as may be sufficient to remedy and defect or deficiency in the work, pending correction of the time. HOLDBACK The 10% Holdback shall be released as follows: The Construction Lien Holdback (i.e. 10% of the value of work substantially completed less all approved claims) shall become payable without interest after 45 days from the Date of Substantial Performance Acceptance of the works. THE CONSTRUCTION LIEN ACT Payments to the Contractor, holdbacks, and their release, and certificate of substantial performance and completion under this contract shall be in full compliance with the provisions of The Construction Lien Act, RS.O., 1983. The Contractor shall be deemed to have made due allowance for executing the requirements of the Act in his tender price. I I I I I I I I I I I I I I I I I I I Page 8 of 41 Tender CL 2006-61 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE Courtice Entry Feature SCHEDULE (A) INSTRUCTIONS TO BIDDERS (continued): INSURANCE: The successful contractor will indemnify and save harmless the Corporation of the Mwricipality of Clarington from all loss or the payment of the sums of money by reason of all accidents, injuries or damages to persons or property that may occur in connection therewith. A certificate of liability insurance (third party) must be provided to the Municipality of Clarington, in the amount of $3,000,000.00 (three million dollars) also naming the Mwricipality of Clarington and JVF Consultants (1998) Inc. as additional insured. Any damages to any or all properties as a result of the work performed by the contractor, will be repaired at the expense of the contractor to the satisfaction of the Director of Engineering or his delegate. WORKPLACE SAFETY AND INSURANCE BOARD: The contractor shall maintain coverage and pay all assessments under applicable Workplace Safety and Insurance Board (WSIB) legislation and regulations. A Certificate of Clearance to be submitted prior to commencement of contract and may be requested at any time during the contract. COMMENCEMENT OF WORK The successful bidder will be required to commence work at the site within seven (7) calendar days of the official commencement date after receiving written instructions from the Municipality of Clarington that the work is to begin and the Contractor shall work continuously (weather permitting) until the work is completed within the time period specified by the contract in the Tender Form. EXECUTION OF CONTRACT Tenders shall be open for acceptance for a period of 90 days after the closing date. After this time the tender may only be accepted with the consent of the successful Tenderer. I I I I I I I I I I I I I I I I I I I Page 9 of 41 Tender CL 2006-61 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE Courtice Entry Feature SCHEDULE (A) INSTRUCTIONS TO BIDDERS (continued): BID / TENDER DEPOSIT: A Bid Deposit in the form of a certified cheque, bank draft shall accompany all tender submissions, money order or cash, payable to the Corporation of the Municipality of Clarington the amount specified in the table below: $ 20,000.00 or less 20,000.01 to 50,000.00 50,000.01 to 100,000.00 100,000.01 to 250,000.00 250,000.Ql to 500,000.00 500,000.Ql to 1,000,000.00 1,000,000.01 to 2,000,000.00 2 000 000.01 and over $ 1,000.00 2,000.00 5,000.00 10,000.00 25,000.00 50,000.00 100,000.00 200000.00 NOTE: Bid bonds issued by a surety approved by and in a fonn containing terms satisfactory to the Municipality's Treasurer will be accepted for tenders valued over $50,000.00. Bid deposit must be enclosed in the envelope with your tender. All tender bid deposits will be returned to the respective bidders within ten (10) days after the Tenders have been opened except those of the two (2) low bidders, which the Municipality ofClarington shall retain until the successful bidder has executed the Contract. SAFETY: The Contractor shall obey all Federal, Provincial and Municipal Laws, Acts, Ordinances, Regulations, Orders-in-Council and By-laws, which could in any way pertain to the work outlined in the Contract or to the Employees of the Contractor. Without limiting the generality of the foregoing, the Contractor shall satisfy all statutory requirements imposed by the Occupational Health and Safety Act and Regulations made thereunder, on a contractor, a Constructor and/or Employer with respect to or arising out of the pcrfonnance of the Contractor's obligations under this Contract. SUB-CONTRACTING: The whole or any part of the contract arising from this quotation may not be assigned without the written consent of the Director of Engineering or his designate. The tenderer shall give, in the tender documents Schedule 'D', the name and address of each proposed Subcontractor used in making up his tender, stating the portion of the work allotted to each. Only one Subcontractor shall be named for each part of the work to be sublet. I I I I I I I I I I I I I I I I I I I Page 10 of 41 Tender CL 2006-61 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE Courtice Entry Feature SCHEDULE (A) INSTRUCTIONS TO BIDDERS (continued): CONTRACT DOCUMENTS: The Contractor to whom this Contract is awarded will be required to execute the Agreement in triplicate, in the form bound herein and fumish documents in triplicate covering the following: (i) Performance and Labour Bond Perfonnance Bond and a Labour and Material Payment Bond in the amount of one hundred percent (100%) of the total tendered price. (ii) Surety Company Each Bond shall be with a satisfactory Guarantee Surety Company, resident in Canada or authorized to carry on business in Canada. (iii) Insurance The successful contractor will indemnify and save harmless the Corporation of the Municipality of Clarington from all loss or the payment of the sums of money by reason of all accidents, injuries or damages to persons or property that may occur in connection therewith. A certificate of liability insurance (third party) must be provided to the Municipality of Clarington, in the amount of $3,000,000.00 (three million dollars) also naming the Municipality ofClarington and JVF Consultants (1998) Inc. as additional insured. Any damages to any or all properties as a result of the work performed by the contractor, will be repaired at the expense of the contractor to the satisfaction of the Director of Engineering or his delegate. (iv) Insure Consultant and Owner The Corporation of the Municipality of Clarington, and JVF Consultants (1998) Inc., shall be included as additional insured on all policies relating to this Contract. I I I I I I I I I I I I I I I I I I I Page 11 of41 Tender CL 2006-61 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE Courtice Entry Feature SCHEDULE (A) INSTRUCTIONS TO BIDERS (continued): STAFFING: The successful bidder for this work shall have had previous successful experience and the contractor's crew shall be under the supervision of a competent and experienced foreman. VISITING THE SITE: Tenderers are expected to arrange and schedule visits to the location and make themselves familiar with all particulars involved. No claim will be allowed for lack of description, conditions, specifications and facilities referred or associated with this tender. Bidders are requested to contact: Peter Windolf Landscape Architect Engineering Department BowrnanviUe, Ontario Telephone: (905) 623-3379, ex!. 201 I Page 120f41 Tender CL 2006-61 I THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE Courtice Entry Feature 1 f;r.I-IFnlll F {R} !=:;TANnA~n TFRM~ ANn r.nNnITI()N~ 1. nFFINITIONS 1 Municipality - The Corporation of the Municipality of Clarington, its successors and assigns. Bidder - The person, firm or corporation submitting a bid to the Municipality. :1 Company - The person, contractor, firm or corporation to whom the Municipality has awarded the contract, it successors and assigns. 1 Contract - The purchase order authorizing the company to perform the work, purchase order alterations, the document and addenda, the bid, and surety. Subcontractor - A person, firm or corporation having a contract with the company for, or any part of, the work. 1 Document - The document(s) issued by the Municipality in response to which bids are invited to perform the work in accordance with the specifications contained in the document. 1 Bid - An offer by a Bidder in response to the document issued by the Municipality. Work - All labour, materials, products, articles, fixtures, services, supplies, and acts required to be done, furnished or performed by the company, which are subject to the Contract. I 1 2. SI JRMISSION OF Rln Bid invitation shall be in accordance with the Municipality of Clarington Purchasing By-law #2006-127 and will apply for the calling, receiving, and opening of bids. The Municipality will be responsible for evaluating bids, awarding end administering the contract in accordance with the Purchasing By-law. I The bid must be submitted on the form(s) and in the envelope supplied by the Municipality unless otherwise provided herein. The envelope must not be covered by any outside wrappings, Le. courier envelopes or other coverings. The bid must be signed by a designated signing officer of the Bidder. I If a joint bid is submitted, it must be signed on behalf of each of the Bidders. I The bid must be legible, written in ink, or typewritten. Any form of erasure, strikeout or over-writing must be initialled by the Bidde(s authorized signing officer. I The bid must not be restricted by a covering letter, a statement added, or by alterations to the document unless otherwise provided herein. Failure to return the document or invitation may result in the removal of the Bidder from the Municipality's bidde(s list. I A bid received after the closing date and time will not be considered and will be returned, unopened. I Should a dispute arise from the terms and conditions of any part of the contract, regarding meaning, intent or ambiguity, the decision of the Municipality shall be final. I I I I Page 13 of 41 Tender CL 2006-61 I THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE Courtice Entry Feature SCHEDULE (B) STANDARD TERMS AND CONDITIONS continued I 3. CONTRACT I I The contract consists of the documents aforementioned. The contract and portions thereof take precedence in the order in which they are named above, notwithstanding the chronological order in which they are issued or executed. The intent of the contract is that the Company shall supply work which is fit and suitable for the Municipality's intended use and complete for a particular purpose. I None of the conditions contained in the Bidder's standard or general conditions of sale shall be of any effect unless explicitly agreed to by the Municipality and specifically referred to in the purchase order. 4. CI ARIFICATION OF THF nocl IMFNT I I Any clarification of the document required by the Bidder prior to submission of its bid shall be requested through the Municipality's contact identified in the document. Any such clarification so given shall not in any way alter the document and in no case shall oral arrangements be considered. Every notice, advice or other communication pertaining thereto will be in the form of a written addendum. I I No officer, agent or employee of the Municipality is authorized to alter orally any portion of the document. 5. PROOF OF ARIIITV The bidder may be required to show, in terms of experience and facilities, evidence of its ability, as well as that of any proposed subcontractor, to perform the work by the specified delivery date. I 6. nFllVFRV I Unless otherwise stated, the work specified in the bid shall be delivered or completely performed by the Company as soon as possible and in any event within the period set out herein as the guaranteed period of delivery or completion after receipt of a purchase order therefore. I I I I A detailed delivery ticket or piece tally, showing the exact quantity of goods, materials, articles or equipment, shall accompany each delivery thereof. Receiving by a foreperson, storekeeper or other such receiver shall not bind the Municipality to accept the work covered thereby, or the particulars of the delivery ticket or piece tally thereof. Work shall be subject to further inspection and approval by the Municipality. The Company shall be responsible for arranging the work so that completion shall be as specified in the contract. Time shall be of the essence of the contract. 7. PRICING Prices shall be in Canadian Funds, quoted separately for each item stipulated, F.O.B. destination. Prices shall be firm for the duration olthe contract. I I I Prices bid must include all incidental costs and the Company shall be deemed to be satisfied as to the full requirements of the bid. No claims for extra work will be entertained and any additional work must be authorized in wr~ing prior to commencement. Should the Company require more information or clarification on any point, it must be obtained prior to the submission of the bid. Payment shall be full compensation for all costs related to the work, including operating and overhead costs to provide work to the satisfaction of the Municipality. I I I I I I I I I I I I I I I I I I I Page 14 of 41 Tender CL 2006-61 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE Courtice Entry Feature SCHEDULE (B) STANDARD TERMS AND CONDITIONS continued All prices quoted shall include applicable customs duty, excise tax, freight, insurance, and all other charges of every kind attributable to the work. Goods and Services Tax and Provincial Sales Tax shall be extra and not shown, unless otherwise specified herein. If the Bidder intends to manufacture or fabricate any part of the work outside of Canada, it shall arrange its shipping procedures so that its agent or representative in Canada is the importer of record for customs purposes. Should any additional tax, duty or any variation in any tax or duty be imposed by the Government of Canada or the Province of Ontario become directly applicable to work specified in this document subsequent to its submission by the Bidder and before the delivery of the work covered thereby pursuant to a purchase order issued by the Municipality appropriate increase or decrease in the price of work shall be made to compensate for such changes as of the effective date thereof. 8. TFRMS OF PAYMFNT Where required by the Construction Uen Act appropriate monies may be held back until 60 days after the compietion of the work. Payments made hereunder, including final payment shall not relieve the company from its obligations or liabilities under the contract. Acceptance by the company of the final payment shall constitute a waiver of claims by the company against the Municipality, except those previously made in writing in accordance with the contract and still unsettled. The Municipality shall have the right to withhold from any sum otherwise payable to the company such amount as may be sufficient to remedy any defect or deficiency in the work, pending correction of it. Payment may be made 30 days after delivery pursuant to the Bidder submitting an invoice, contract requirements being completed and work being deemed satisfactory. 9. PATFNTS ANn r.OPYRIGHTS The company shall, at its expense, defend all claims, actions or proceedings against the Municipality based on any allegations that the work or any part of the work constitutes an infringement of any patent, copyright or other proprietary right, and shall pay to the Municipality all costs, damages, charges and expenses, including its lawyers' fees on a solicitor and his own client basis occasioned to the Municipality by reason thereof. The company shall pay all royalties and patent license fees required for the work. If the work or any part thereof is in any action or proceeding held to constitute an infringement, the company shall forthwith either secure for the Municipality the right to continue using the work or shall at the company's expense, replace the infringing work with non-infringing work or modify it so that the work no longer infringes. 10. AI TFRNATFS Any opinion with regard to the use of a proposed alternate determined by the Municipality shall be final. Any bid proposing an alternate will not be considered unless otherwise specified herein. 11. FOIIIVAI FNCY Any opinion determined by the Municipality with respect to equivalency shall be final. 12. ASSIGNMFNT ANn SI JRr.ONTRAr.TING The company shall not assign or subcontract the contract or any portion thereof without the prior written consent of the Municipality. I Page 15 of 41 Tender CL 2006-61 .1 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE Courtice Entry Feature SCHEDULE (B) STANDARD TERMS AND CONDITIONS continued I 13. FINANCING INFORMATION RFOllIRFn OF THF COMPANY I The Municipality is entitled to request of the Company to furnish reasonable evidence that financial arrangements have been made to fulfill the Company's obligations under the Contract. I 14. I AWP. ANn RFGIII ATIONP. I The company shall comply with relevant Federal, Provincial and Municipal statutes, regulations and by-laws pertaining to the work and its performance. The company shall be responsible for ensuring similar compliance by suppliers and subcontractors. The contract shall be governed by and interpreted in accordance with the laws of the Province of Ontario. 15. CORRFCTION OF nFFFCTp. I I If at any time prior to one year after the actual delivery date or completion of the work (or specified warranty/guarantee period if longer than one year) any part of the work becomes defective or is deficient or fails due to defect in design, material or workmanship, or otherwise fails to meet the requirements of the contract, the company. upon request, shall make good every such defect, deficiency or failure without cost to the Municipality. The company shall pay all transportation costs for work both ways between the company's factory or repair depot and the point of use. I 16. Rln ACCFPTANCF I I The Municipality reserves the right to award by item, or part thereof, groups of items, or parts thereof, or all items olthe bids and to award contracts to one or more bidders submitting identical bids as to price; to accept or reject any bids in whole or in part; to waive irregularities and omissions, if in so doing, the best interests of the Municipality will be served. No liability shall accrue to the Municipality for its decision in this regard. Bids shall be irrevocable for 90 days after the official closing time. I The placing in the mail or delivery to the Bidder's shown address given in the bid of a notice of award to a bidder by the Municipality shall constitute notice of acceptance of contract by the Municipality to the extent described in the notice of award. 17. nFFAl1I T RY COMPANY I a. If the company: commits any act of bankruptcy; or if a receiver is appointed on account of its insolvency or in respect of any of its property; or if the company makes a general assignment for the benefit of its creditors; then, in any such case, the Municipality may, without notice: terminate the contract. I b. If the company: fails to comply with any request, instruction or order of the Municipality; or fails to pay its accounts; or fails to comply with or persistently disregards statutes, regulations, by-laws or directives of relevant authorities relating to the work; or fails to prosecute the work with skill and diligence; or assigns or sublets the contract or any portion thereof without the Municipality's prior written consent; or refuses to correct defective work; or is otherwise in default in carrying out its part of any of the terms, conditions and obligations of the contract, then, in any such case, the Municipality may, upon expiration of ten days from the date of written notice to the company, terminate the contract. I I c. Any termination of the contract by the Municipality, as aforesaid, shall be without prejudice to any other rights or remedies the Municipality may have and without incurring any liability whatsoever in respect thereto. I I I I Page 16 of 41 Tender CL 2006-61 I I THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE Courtice Entry Feature SCHEDULE (B) STANDARD TERMS AND CONDITIONS continued d. If the Municipality terminates the contract, it is entitled to: I I I i) take possession of all work in progress, materials and construction equipment then at the project site <at no additional charge for the retention or use of the construction equipment), and finish the work by whatever means the Municipality may deem appropriate under the circumstances; ii) withhold any further payments to the company until the completion of the work and the expiry of all obligations under the Correction of Defects section; iii) recover from the company loss, damage and expense incurred by the Municipality by reason of the company's default (which may be deducted from any monies due or becoming due to the company, any balance to be paid by the company to the Municipality). I 18. r.ONTRAr.T r.ANr.FII ATION I The Municipality shall have the right, which may be exercised from time to time, to cancel any uncompleted or unperformed portion of the work or part thereof. In the event of such cancellation, the Municipality and the Company may negotiate a settlement. The Municipality shall not be liable to the Company for loss of anticipated profit on the cancelled portion or portions of the work. I 19. 01 JANTITIF5 Unless otherwise specified herein, quantities are shown as approximate, are not guaranteed to be accurate, are furnished without any liability on behalf of the Municipality and shall be used as a basis for comparison only. I I I Payment will be by the unit complete at the bid price on actual quantities deemed acceptable by the Municipality. 20. 5AMPI F5 Upon request, samples must be submitted strictly in accordance with instructions. If samples are requested subsequent to opening of bids, they shall be delivered within three (3) working days following such request, unless additional time is granted. Samples must be submitted free of charge and will be returned at the bidder's expense, upon request, provided they have not been destroyed by tests, or are not required for comparison purposes. I The acceptance of samples by the Municipality shall be at its sole discretion and any such acceptance shall in no way be construed to imply relief of the company from its obligations under the contract. Samples submitted must be accompanied by current Material Safety Data Sheets (MSDS) where applicable. I 21. 51 JRFTY I The successful tenderer shall, if the Municipality in its absolute discretion so desires, be required to satisfy surety requirements by providing a deposit in the form of a certified cheque, bank draft or money order or other form of surety, in an amount determined by the Municipality. This surety may be held by the Municipality until 60 days after the day on which all work covered by the contract has been compieted and accepted. The surety may be returned before the 60 days have elapsed providing satisfactory evidence is provided that all liabilities incurred by the company in carrying out the work have expired or have been satisfied and that a Certificate of Clearance from the WSIB - Workplace Safety Insurance Board has been received. I I The company shall, if the Municipality in its absolute discretion so desires, be required to satisfy fidelity bonding requirements by providing such bonding in an amount and form determined by the Municipality. I Failure to furnish required surety within two weeks from date of request thereof by the Municipality shall make the award of the Contract by the Municipality subject to withdrawal. I I I I Page 17 of 41 Tender CL 2006-61 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE Courtice Entry Feature 22. SCHEDULE (B) STANDARD TERMS AND CONDITIONS continued WORKPI AC":I= SAF'FTY ANn IN~l JRANr-F R()ARn I I I I I I I I I I I I I I I I All of the Contracto(s personnel must be covered by the insurance plan under the Workplace Safety and Insurance Act, 1997, or must provide an identification number from the WSIB verifying their status as an "Independent Operato('. Upon request by the Municipality, an original Leller of Good Standing from the Workplace Safety and Insurance Board shall be provided prior to the commencement of work indicating all payments by the Company to the board have been made. Prior to final payment, a Certificate of Ciearance must be issued indicating ail payments by the Company to the Board in conjunction with the subject Contract have been made and that the Municipality will not be liable to the Board for future payments in connection with the Company's fulfilment of the contract. Further Certificates of Clearance or other types of certificates shall be provided upon request. For Independent contractors I Owners I Operators who do not have WSIB coverage, the following shall be provided upon request by the Calling Agency: Single Independent Contractors I Owners I Operators shall provide a leller from the Workplace Safety & Insurance Board confirming independent operator status and identification number. To obtain this, contractors must complete the form "Determining workerllndependent Operator status", issued by the Workplace Safety & Insurance Board. (For more information, please contact your local Workplace Safety & Insurance Board Office and refer to this clause.) Single Independent Contractors I Owners I Operators must also provide a certificate from the Workplace Safety & Insurance Board confirming they have purchased the optional WSIB coverage. The Municipality of Clarington has the right to reject any bid it deems to provide insufficient coverage. 23. INSIJRANCF The company shall maintain and pay for Comprehensive General Liability insurance including premises and all operations. This insurance coverage shall be subject to limits of not less than $3,000,000.00 inclusive per occurrence for third party Bodily Injury and Property Damage or such other coverage or amount as may be requested. The policy shall include the Municipality as an additional insureds in respect of all operations performed by or on behalf of the Company. A certified copy of such policy or certificate shall be provided to the municipality prior to commencement of the work. Further certified copies shall be provided upon request. 24. I IARIIITY The company agrees to defend, fully indemnify and save harmless the Municipality from all actions, suits, claims, demands, losses, costs, charges and expenses whatsoever for all damage or injury including death to any person and all damage to any property which may arise directly or indirectly by reason of a requirement of the contract, save and except for damage caused by the negligence of the Municipality or its employees. The Company agrees to defend, fully indemnify and save harmless the Municipality from any and all charges, fines, penalties and costs that may be incurred or paid by the Municipality if the Municipality or any of its employees shall be made a party to any charge under the Occupational Health and Safety Act in relation to any violation of the Act arising out of this contract. 25. VISITING THF SITF The Company shall carefully examine the site and existing building and services affecting the proper execution of the work, and obtain a clear and comprehensive knowledge of the existing conditions. No claim for extra payment will be allowed for work or difficulties encountered due to conditions of the site which were visible or reasonably inferable, prior to the date of submission of Tenders. Bidders shall accept sole responsibility for any error or neglect on their part in this respect. I I I I I I I 27. I I 28. I I 29. I I I I I I I I Page 18 of 41 Tender CL 2006-61 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE Courtice Entry Feature SCHEDULE (B) STANDARD TERMS AND CONDITIONS continued 26. SAFFTY The Company shall obey all Federal, Provincial and Municipal Laws, Act, Ordinances, Regulations, Orders-in-Councii and By-laws, which could in any way pertain to the work outiined in the Contract or to the Employees of the Company. Without iimiting the generaiity of the foregoing, the Company shall satisfy all statutory requirements imposed by the Occupational Health and Safety Act and Regulations made thereunder, on a contractor, a Constructor andlor Employer with respect to or arising out of the performance of the Company's obiigations under this Contract. The Company shall be aware of and conform to all governing regulations including those estabiished by the Municipality relating to employee health and safety. The Company shall keep employees and subcontractors informed of such regulations. The Company shall provide Material Safety Data Sheets (MSDS) to the Municipality for any suppiied Hazardous Materials. IINPAln AeeOllNTS The company shall indemnify the Municipality from all claims arising out of unpaid accounts relating to the work. The Municipality shall have the right at any time to require satisfactory evidence that the work in respect of which any payment has been made or is to be made by the Municipality is free and clear of liens, attachments, claims, demands, charges or other encumbrances. Sl JRPFNSrnN OF' wnRK The Municipality may, without invaiidating the contract, suspend performance by the company from time to time of any part or all of the work for such reasonable period of time as the Municipaiity may determine. The resumption and completion of work after the suspension shall be governed by the schedule estabiished by the Municipaiity. eHANGFS IN THF WORK The Municipality may, without invaiidating the contract, direct the Company to make changes to the work. When a change causes an increase or decrease in the work, the contract price shall be increased Of decreased by the application of unit prices to the quantum of such Increase or decrease, or in the absence of applicable unit prices, by an amount to be agreed upon between the Municipality and the Company. All such changes shall be in writing and approved by the Municipality. 30. eONFI leT OF INTFRFST No employee or member of Council of the Munlcipaiity shall sell goods or services to the Municipaiity in accordance with the Municipaiity of Clarington Policy or have a direct or indirect interest in a Company or own a Company which sells goods or services to the Municipaiity. 31. MIINIc;lPAI FRFFnOM OF INFORMATION ANn PROTFCTION OF PRIVAc;y ACT (MFIPPA) All correspondence, documentation, and information provided to staff of the Municipality of Clarington by every offerer, including the submission of proposals, shall become the property of the Municipality, and as such, is subject to the Municipal Freedom of Information and Protection of Privacy Act, and may be subject to release pursuant to the Act. Offerers are reminded to identify in their proposal material any specific scientific, technical, commercial, proprietary, or similar confidential information, the disclosure of which could cause them injury. Complete proposals are not to be identified as confidential. I Page 19 of 41 Tender CL 2006-61 I THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE Courtice Entry Feature SCHEDULE (B) STANDARD TERMS AND CONDITIONS continued I I 32. CRIMINAl RACKGROllNn CHFCKR I I "The successful service provider covenants and agrees to provide the Municipality of Clarington, or such other entity as the Municipality may designate, with written consent to perform a criminal background check including Criminal Code (Canada) convictions, pardoned sexual offences, records or convictions under the Controlled Drugs and Substances Act, Narcotics Control Act and Food and Drugs Act and all outstanding warrants and charges for every individual who may come into direct contract with youth or who are permitted entrance to private or restricted areas or residences. This will be done at no cost to the Municipality and any such requested document will be submitted to the Municipality in its true form in advance of commencement of work. I The Municipal issued identification card must be worn when individuals are at a site where there is direct contact with youth or where access to any private or restricted area is anticipated. The Municipal identification card is valid for the term of the contract only or a one year term, whichever comes first. Under the terms of the contract, the Municipality has the sole and unfettered discretion to prohibit an individuai from coming into direct contact with youth or entering a private or restricted area on a regular basis and to terminate the contract if the bidder/partner fails to obtain or renew the Municipal identification cards according to Municipal policy and procedure. I The Municipality of Clarington reserves the right to cancel and/or suspend the contract immediately and unilaterally and without penalty to the Municipality should the service provider fail to provide the required documentation or othalWise adhere to this procedure. "The Chief Administrative Officer has the final say in determining any final action." I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I ISPECIFICATIONS I I I I I I I I I I I I I I I I I I I I I GENERAL INSTRUCTIONS Section 01220 PARTI-GENERAL 1.1 Scope of Work .1 Complete all work as described in the general conditions, specifications, drawings and details. See Instruction to Bidders. 1.2 Definitions .1 Owner: See Instruction to Bidders. .2 The contract administrator on this contract is as outlined in Schedule A. Do not take instructions from any other person than the identified contract administrator. 1.3 Work Schedule .1 All work must be carried out in a continuous time period and be completed within the time stipulated in the Schedule A. .2 When requested by the Owner or Consultant, submit a written work schedule showing the timing of all phases of the work. 1.4 Co-operation and Co-ordination .1 Contractor and Subcontractor shall be familiar with each other's work, wherein it affects their own. .2 Co-operate with all parties doing work on this project to permit proper execution of the work. .3 Co-ordinate work with other parties and give timely instructions and information, in writing, relating to the requirements for surfaces, materials, and insets which affect the work of other trades. 1.5 Submittals .1 Be prepared to submit samples of any or all specified materials if requested by the Owner, prior to starting construction. 1.6 Job Conditions .1 Report in writing to the Owner, prior to commencing work, any conditions or defects encountered on the site upon which the work depends and which may adversely affect the performance of the work. .2 Do not commence work until such conditions or I I I I I I I I I I I I I I I I I I I GENERAL INSTRUCTIONS Section 01220 1.7 1.8 .3 .4 .5 .6 Utilities .1 .2 Permits, Inspection & Approval Certificates .1 defects have been investigated and corrected. Commencement of work implies acceptance of surfaces and conditions. No claim for damages or resulting extra work will be accepted except where such conditions cannot be determined prior to construction. Before starting work on neighbouring properties, where shown on drawings, obtain permission from owners and install hoarding and snow fencing. Maintain during construction period and remove upon completion of work. Be responsible for restoration of existing conditions of adjacent properties. In all cases, blend with existing conditions. Any item not specifically mentioned in the following descriptions or shown on the drawings but implied or any item required to complete the work, will be considered to be included in the total price. Before commencing work establish location and extent of all utility lines, including site lighting, in the area of any excavations. The contractor is responsible for the repair fo all damage to underground utilities resulting from his operations where such utilities are able to be located by the appropriate authorities. .3 Record locations of existing re-routed and abandoned utility lines and provide the Owner with drawings showing these locations at the completion of the work. Be responsible for all permits, tests and certificates, as required by the local Municipality. Pav all costs. .2 Copies of inspection/approval certificates must accompany any invoices. I I I I I I I I I I I I I I I I I I I GENERAL INSTRUCTIONS Section 01220 .3 Where required by the Ministry of the Environment or the local Municipality, have all fill, which is being removed from the site, tested for contaminants by a testing company acceptable to the Owner. Pay all costs. .4 Extra costs for removal of contaminated fill will be paid in accordance with the contract unit prices. 1.9 Site Access .1 The Contractor shall understand and agree that the utmost co-operation with other Contractors must be provided. The Contractors shall not obstruct roadways, driveways and parking areas, thereby delaying or curtailing the work of others or the use by the Owner or Consultant or the right of access by the public. .2 Only those vehicles required for the carrying out of work shall have access to the site. 1.10 Temporary Roads and Walks .1 Where required, provide, construct and maintain temporary surfaces to allow pedestrian and vehicular access to walkways, all adjacent roads, local residences and school buildings. .2 Provide temporary culverts, if required. .3 Provide and erect directional and warning signs, barriers and the like, where required. .4 Upon completion of work, remove same and make good existing surfaces and structures. .5 Do not use roads, walkways, or road or walkway beds for the storing of topsoil or equipment. I I I I I I I '. I I I I I I I I I I I GENERAL INSTRUCTIONS Section 01220 1.11 1.12 1.13 1.14 Temporary Sanitary Facilities .1 Provide sanitary facilities for the use of al1 engaged on the job site in accordance with the requirements of any Provincial and Municipal regulations controlling such instal1ations. Temporary Utilities .1 Be ful1y responsible for the instal1ation, maintenance and removal after completion, of al1 temporary utilities required for the execution of the work. .2 Obtain permits and pay al1 costs relating to such services. Compound, Site Office and Storage Shed .1 If requested by the Owner or Consultant, provide fenced-in Contractor's compound for an office and the storage of necessary materials for construction, in an area so designated by the Owner or Consultant. .2 The Contractor and Subcontractors shal1 provide their own work shops and storage shed fo the entire length of construction. Construction Equipment .1 Assume complete responsibility for the construction, strength, placing and operation of any mechanical contrivance used for the work of this contract, to ensure that any load supported therein can be carried out safely and be free from accidents to al1 persons. The Contractor shal1 save harmless the Owner, his agent and the Consultant. .2 Submit to the local authorities, information concerning the sequence of erections, details and the timing of permanent connections, shoring, temporary bracing and location of lifting equipment. Be responsible for all costs incurred. I I I I I I I I I I I I I I I I I I I GENERAL INSTRUCTIONS Section 01220 1.15 Lines and Levels 1.16 Dimensions .1 Existing grades and other known conditions fo the site have been shown on the drawings. .2 Be fully responsible for the complete layout of all lines and levels required for the execution of the work .3 Benchmarks and survey monuments established by an accredited surveyor shall be maintained. Replace any such monuments which have been disturbed or destroyed. .4 Verify elevations, lines, levels and dimensions as indicated and report errors, any conflicts, or inconsistencies to the Consultant before commencing work or as soon as discovered. .5 Accurately layout work and establish lines and levels in accord with requirements of Contract Documents. .6 Set up, maintain and protect permanent reference point stakes set 5 mO. C. and provide general dimension and elevations for all Sections of Work as per Grading Plans. .7 All layout work by the Contractor will be subject to checking and the approval ofthe Owner or Consultant. The approval of layout work by the Owner or Consultant shall not relieve the contractor of his responsibility for the correctness of the work .1 Check and verify dimensions wherever referring to work. Dimensions, when pertaining to work of another Section, shall be verified with section concerned. Details and measurements of work which is to fit or conform to work installed shall be taken at site. I I I I I I I I I I I I I I I I I I I GENERAL INSTRUCTIONS Section 01220 1.17 1.18 Protection .1 Grade around excavations to prevent surface water runoff into excavated area. .2 Protect excavations and excavated material from freezing. .3 Provide and operate as many pumps as required to keep excavations free of standing water at all times. .4 Should bottoms of excavations be damaged by weather or should softening occur, remove softened material and replace with approved granular fill material at no extra cost. .5 Protect all trees and planting areas that are to remain in accordance with the General Conditions. .6 Erect suitable safety barriers as required around all excavations to make the site safe for pedestrians. Handling and Storage of Materials .1 Store packaged materials in original undamaged condition with manufacturer's labels and seals intact. .2 Store packaged materials, sand and manufactured items off the ground on approved supports. Cover each pile with weatherproof covering. .3 Stack units to permit circulation of air and to prevent damage to units. .4 Prevent damage to materials during handling, storage and erection. Damaged materials will be rejected for use. The Contractor will remove rejected materials from the site at his expense. .5 Ensure that all Subcontractors have included their tenders for the supply and payment of costs for all equipment, I I I I I I I I I I I I I I I I I I I GENERAL INSTRUCTIONS Section 01220 1.19 Substitutions 1.20 Contract Documents handling and cartage required for the complete installation of the work of their particular trade. .6 Equipment shall include all hand and power tools and other items necessary for installation of work. .7 Handling shall include all methods of moving the materials and equipment to and from the point of fabrication or supply and the job site. .8 Cartage shall include all methods of conveyance required to deliver the materials and equipment to and from the point offabrication or supply and the job site. .9 If the Contractor permits the use of his facilities by Subcontractors, he shall establish his terms of use directly with them. .1 All substitutions of any material or manufactured items called for on the drawings, details or specifications must be approved in writing by the Owner or Consultant before use. See Instructions to Bidders. .2 Requests for substitutions of a manufactured item must be accompanied by sufficient technical data and testing information to substantiate the claim that the item is equal to that specified. .1 Consider the specifications for this project as an integral part of the plans which accompany them and neither the plans nor the specifications shall be considered alone. Consider any item, which, if omitted in the other, as properly and sufficiently specified. Ifthe specifications and the plans should conflict, the Owner or Consultant is to determine whether the specifications or the plans apply for the point of conflict before work proceeds. .2 Maintain on the site, at all times, during construction, one (1) complete set of drawings, specifications and approved I I I I I I I I I I I I I I I I I I I GENERAL INSTRUCTIONS Section 01220 1.21 Inspection 1.22 Maintenance 1.23 Guarantee/Warranty shop drawings as well as approved change orders and any approved sketches and instructions issued during the construction period. .3 Clearly mark on drawings all changes in red, revisions, and site conditions which affect the work and in such a manner that, upon completion of work, one complete set of "as built" drawings is available. This includes the accurate position of concealed and underground services. .4 Keep "as built" set in good order and submit a complete set of "as built" drawings in Autocad format to the Consultant upon completion of work. .1 Give timely notice when any phase of the work is ready for inspection and notice in writing when the work is completed and ready for final inspection. .2 All materials are subject to inspection by the Owner or Consultant upon arrival on the site. Any materials not meeting the specifications will be rejected and must be removed from the site immediately. .1 Maintain all parts of the work form the time of installation until final acceptance. .2 Report immediately, in writing to the Owner, all incidents of damage to the installation by vandals, prior to acceptance. .1 Guarantee/Warranty all work, Plant material, etc. for a period of one (1) year, forthe date of substantial completion acceptance. During the guaranty/warranty period, repair, replace or otherwise remedy all defects due to faulty materials or workmanship. I I I I I I I I I I I I I I I I I I I GENERAL INSTRUCTIONS Section 01220 1.24 1.25 1.26 .2 Each guaranty shall show the following: a. Name and address of owner b. Name of project and project number c. Name and address of Contractor, Subcontractor d. Dates of commencement and termination of guaranty period e. A clear definition of what is being guaranteed and what remedial actions will be undertaken during the guaranty f The signature and seal of the company issuing the guaranty. When the guaranty affects a subcontractor and/or supplier, the guaranty shall be signed and sealed by the Contractor, the Subcontractor and/or supplier. Failure to Achieve a Satisfactory Standard .1 If the Contractor fails to achieve an acceptable rate of progress and/or standard of workmanship, the Consultant reserves the right to have the work completed by other persons and to deduct the cost incurred from the agreed upon contract price. Safety .1 Keep the site clean and useable by the residents at all times. .2 Where required, provide temporary walkways, stoops, steps, and handrails to maintain safe access to the buildings. Clean up .1 At the completion of the work each day, remove all debris, garbage and surplus material. I I I I I I I I I I I I I I I I I I I GENERAL INSTRUCTIONS Section 01220 1.27 1.28 .2 Power sweep paved surfaces to remove earth contamination resulting from construction activities prior to final acceptance. .3 Clean out all catch basins and manholes within the construction area immediately before final acceptance. Remove all debris Make Good .1 Make good all damage resulting from work carried out under this contract. Restore and blend to match surrounding existing conditions. Inspection/Takeover Procedures .1 Prior to application for certificate of Substantial Performance Acceptance, carefully inspect the Work and ensure it is complete, that major and minor construction deficiencies are complete and/or corrected and the site is clean and in condition for use. NotifY the consultant, in writing, or satisfactory completion of Work and request an inspection. .2 During the Consultant's inspection, a list of deficiencies and defects will be tabulated. Correct same. .3 When the Consultant considers deficiencies and defects have been corrected and it appears requirements of the Contract have been performed, make application for certificate of Substantial Performance. End of Section I I I I I I I I I I I I I I I I I I I SITE ADMINISTRATION Section 01221 1.1 Preconstruction Meeting .1 Immediately prior to construction, upon notification attend at location of Owner's choice, pre-construction meeting, along with authoritative representatives of certain key subcontractors as specifically indicated in the conference notice. .2 Purpose of meeting is as follows: 1. Review project communications procedures. 2. Review contract administration requirements including submittals, payment and change order procedures. 3. Identify all critical points on Construction Schedule for positive action. 4. Identify any product availability problems and substitution request. 5. Establish site arrangements and temporary facilities. 6. Revise any points which, in Owner's, and Contractor's opinion, require clarification. 1.2 Site Meetings .1 Prior to the commencement ofthe Work, the Contractor together with the Owner shall mutually agree to a sequence for holding regular "on site meetings. " .2 Organize all necessary site meetings. Ensure that persons, whose presence is required, are present and that relative information is available to allow meetings to be conducted efficiently. .3 Record minutes of each meeting and promptly distribute copies to all participants not later than six days after meeting has been held. I I I I I I I I I I I I I I I I I I I SITE ADMINISTRATION Section 01221 1.3 Snpervision .1 Employ an experienced and qualified superintendent who shall devote his time exclusively to the work of this Contract and who shall be in complete charge of the work from commencement to completion. A working foreman will not be acceptable. The superintendent shall not be changed after commencement of work without the Owner's approval. .2 Supervise, direct, manage and control the work of all forces carrying out the work, including subcontractors and suppliers. Carry out daily inspections to ensure compliance with the Contract Documents and the maintenance of quality standards. Ensure that the inspection staff includes personnel competent in supervising the mechanical and electrical trades. 1.4 Progress Record 1.5 Record Drawings NOT APPLICABLE .1 Obtain and keep on site at all times a complete and separate set of black line white prints. .2 Note clearly, neatly, accurately and promptly as the work progresses all architectural, structural changes, revisions and additions to the work and deviations from the Contract Documents. .3 Accurate location, depth, position, size and type of concealed and underground services, both inside and outside shall be included as part of these record drawings. .4 Record drawings shall be available for review at each site meeting. 1.6 Documents on Site .1 Contractor's shall at all times contain a complete set of Contract Documents (Drawings and Specifications) will all addenda, site instructions, change orders, reviewed shop drawings and samples, colour schedule, paint materials schedules, hardware list, progress reports, and meeting minutes. End of Section I I I I I I I I I I I I I I I I I I I SUBMITTALS Section 01300 1.1 General .1 Unless specified otherwise, make all submissions to the Owner at his office. .2 Make all submissions required by the Contract Documents with reasonable promptness and in orderly sequence so as to cause no delay in the work. 1.2 Related Work .1 Submission of maintenance and record documents: Section 01700. .2 Submission of maintenance materials: Section 01700. 1.3 Construction Schedule .1 Within 7 days after award of Contract, submit, in form approved by Owner, construction schedule for work of entire Contract. .2 Show in schedule, start and completion times of each item of work, including erection and dismantling of temporary services. 1.4 Shop Drawings .1 Submit shop drawings required by Contract Documents, in accord with requirements ofGC 34. .2 Prepare shop drawings in metric measurements only. Shop drawings containing imperial measurements will be rejected. .3 Unless otherwise directed by the Consultant, submit one reproducible transparency plus the following number of prints for each shop drawing required: 1. Landscape Architectural shop drawings: 2 Prints. 2. No work requiring a shop drawing submission shall be commenced until the submission has received Consultant's final review. I I I I I I I I I I I I I I I I I I I SUBMITTALS Section 01300 3. The Consultant's review is for the sole purpose of ascertaining conformance with the general design concept. This review shall not mean that the Consultant approves the detail design which inherent in the shop drawings, responsibility for which shall remain with the Contractor submitting same, and this review shall not relieve the Contractor submitting same, and this review shall not relieve the Contractor of his responsibility for meeting the requirements of the Contract Documents. The Contractor is responsible for dimensions to be confirmed and correlated at the job site for information that pertains solely to fabrication processes or to techniques of construction and installation and for coordination of the work of all subtrades. 1.5 Samples .1 Submit samples required by Contract Documents and as directed by the Consultant. .2 Unless indicated otherwise submit samples in duplicate. .3 Submit samples with identifying labels bearing material or component description, manufacturer's name and brand name, Contractor's name, project name, location in which material or component is to be used and dated. .4 Prepay any shipping charges involved for delivering samples to destination point and returning to point of origin if required. .5 No work requiring a sample submission shall be commenced until the submission has received Consultant's final review. 1.6 Submittals Prior to Start of Work .1 Submit the following documents within time stipulated, or if not, stipulated, prior to first application for payment. 1. Insurance Certificate 2. Bonds 3. Workplace Safety & Insurance Board Certificate 4. Construction and Planting Schedule 5. Cash Flow Schedule End of Section I I I I I I I I I I I I I I I I I I I CONSTRUCTION SCHEDULE Section 01310 PART I - GENERAL 1.1 Schedule .1 Within 10 days of Contract Award, submit, in format acceptable to Consultant, four copies of construction schedule. .2 Set up format to permit plotting of actual progress against scheduled progress. .3 Schedule shall show: .1 Commencement and completion dates of Contract. .2 Commencement and completion dates of stipulated stages if any. .3 Commencement and completion dates of each trade. .4 Order and delivery times for hard and soft materials and other equipment where possible. .5 Any other information relating to the orderly progress of Contract, considered by Contractor to be pertinent. 2.0 Updating and Monitoring . 1 Consultant together with Contractor shall review construction progress once a month during regular site meeting or more often as directed by Consultant. .2 Update construction schedule, whenever changes occur, in manner and at times acceptable to Consultant. .3 Plot actual progress on construction schedule at least once a week. .4 Submit copy of updated schedule to Consultant once a month concurrently with application for payment. End of Section I I I I I I I I I I I I I I I I I I I SHOP DRAWINGS, PRODUCT DATA, SAMPLES AND MOCKUPS Section 01340 PART I - GENERAL .1 This section specifies general requirements and procedures for contractor's submissions of shop drawings, product data, samples and mock-ups to Landscape Architect for review. Additional specific requirements for submissions are specified in individual sections of Divisions. .2 Do not proceed with work until relevant submissions are reviewed by Landscape Architect. .3 Present shop drawings, product data, samples and mock-ups in S1 Metric units. .4 Where items or information is not produced in S1, Metric units converted values are acceptable. .5 Contractor's responsibility for errors and omissions in submission if not relieved by Landscape Architect's review of submissions. .6 NotifY Landscape Architect, in writing at times of submission, identifYing deviations from requirements of Contract Documents stating reasons for deviations. .7 Contractor's responsibility for deviations in submission from requirements of Contract Documents if not relieved by Landscape Architect's review of submissions, unless Landscape Architect gives written acceptance of specific deviations. .8 Make any changes in submissions which Landscape Architect may require consistent with Contract Documents and resubmit as directed by Landscape Architect. .9 NotifY Landscape Architect, in writing, when resubmitting, of any revisions other than those requested by Landscape Architect. PART II - SUBMISSION REQUIREMENTS .1 Coordinate each submission with requirements of work and Contract Documents. Individual submissions will not be reviewed until all related information is available. .2 Allow three (3) days for Landscape Architect's review of each submission. I I I I I I I I I I I I I I I I I I I SHOP DRAWINGS, PRODUCT DATA, SAMPLES AND MOCKUPS Section 01340 .3 Accompany submissions with transmittal letter, in duplicate, containing: .1 Date. .2 Project title and number. .3 Contractor's name and address. .4 Identification and quantity of each shop drawing, product data and sample. .5 Other pertinent data. .4 Submissions shall include: .1 Date and revision dates. .2 Project title and number. .3 Name and address of: .1 Subcontractor. .2 Supplier. .3 Manufacturer. .4 Contractor's stamp, signed by Contractors authorized representative certifying approval of submissions, verification of field measurements and compliance with Contract Documents. .5 Details of appropriate portions of Work as applicable: .1 Fabrication .2 Layout, showing dimensions, including identified field dimensions, and clearances. .3 Setting or erection details. .4 Capacities. .5 Performance characteristics. .6 Standards. .7 Operating weight. .8 Wiring diagrams. .9 Single line and schematic diagrams. .10 Relationship to adjacent work. .5 After Landscape Architect's review, distribute copies. PART m - SHOP DRAWINGS .1 Shop drawings, original drawings, or modified standard drawings provided by Contractor, to illustrate details of portions of Work, which are specific to project requirements. .2 Maximum sheet size: 600 x 900 mm. I I I I I I I I I I I I I I I I I I I SHOP DRAWINGS, PRODUCT DATA, SAMPLES AND MOCKUPS Section 01340 .3 Submit shop drawings as follows: .1 600 x 900 mm one reproducible transparency on plastic film And one opaque diazo print. .2 279 x 203 mm and smaller photocopy paper. .4 Cross-reference shop drawing information to applicable portions of Contract Document. PART IV - PRODUCT DATA .1 Product data: manufacturers catalogue sheets, brochures, literature, performance charts and diagrams, used to illustrate standard manufactured products. .2 Submit two (2) copies of product data. .3 Sheet size: 215 x 280 mm, maximum of3 modules. .4 Delete information not applicable to project. .5 Supplement standard information to provide details applicable to project. .6 Cross-reference product data information to applicable portions of Contract Documents. PART V ~ SAMPLES .1 Samples: examples of materials, equipment, quality, finishes, workmanship. .2 Where colour, pattern or texture is criterion, submit full range of samples. .3 Reviewed and accepted samples will become standard of workmanship and material against which installed work will be verified. PART Vl- MOCK-UPS .1 Mock-ups: field-erected example of work complete with specified materials and workmanship. .2 Erect mock-ups at locations acceptable to Landscape Architect. .3 Reviewed and accepted mock-ups will become standards of workmanship and material against which installed work will be verified. I I I I I I I I I I I I I I I I I I I SHOP DRAWINGS, PRODUCT DATA, SAMPLES AND MOCKUPS Section 01340 1.1 General .1 Unless specified othelWise, make all submissions to the Owner at his office. .2 Make all submissions required by the Contract Documents with reasonable promptness and in orderly sequence so as to cause no delay in the work. 1.2 Related Work .1 Submission of maintenance and record documents: Section 01700. .2 Submission of maintenance materials: Section 01700. 1.3 Construction Schednle .1 Within 7 days after award of Contract, submit, in form approved by Owner, construction schedule for work of entire Contract. .2 Show in schedule, start and completion times of each item of work, including erection and dismantling of temporary services. 1.4 Shop Drawings .1 Submit shop drawings required by Contract Documents, in accord with requirements ofGe 34. .2 Prepare shop drawings in metric measurements only. Shop drawings containing imperial measurements will be rejected. .3 Unless othelWise directed by the Consultant, submit one reproducible transparency plus the following number of prints for each shop drawing required: 1. Landscape Architectural shop drawings: 2 Prints. 2. No work requiring a shop drawing submission shall be commenced until the submission has received Consultant's final review. I I I I I I I I I I I I I I I I I I I SHOP DRAWINGS, PRODUCT DATA, SAMPLES AND MOCKUPS Section 01340 3. The Consultant's review is for the sole purpose of ascertaining conformance with the general design concept. This review shall not mean that the Consultant approves the detail design which inherent in the shop drawings, responsibility for which shall remain with the Contractor submitting same, and this review shall not relieve the Contractor submitting same, and this review shall not relieve the Contractor of his responsibility for meeting the requirements of the Contract Documents. The Contractor is responsible for dimensions to be confirmed and correlated at the job site for information that pertains solely to fabrication processes or to techniques of construction and installation and for coordination of the work of all subtrades. 1.5 Samples .1 Submit samples required by Contract Documents and as directed by the Consultant. .2 Unless indicated otherwise submit samples in duplicate. .3 Submit samples with identifYing labels bearing material or component description, manufacturer's name and brand name, Contractor's name, project name, location in which material or component is to be used and dated. .4 Prepay any shipping charges involved for delivering samples to destination point and returning to point of origin if required. .5 No work requiring a sample submission shall be commenced until the submission has received Consultant's final review. End of Section il I I I I I I I I I I I I I I I I I I QUALITY CONTROL Section 01400 1.1 GENERAL .1 Requirements specified in this Section apply to independent inspection and testing specified under technical Specification Sections. .2 Requirements specified in this Section do not apply to the following: .1 Inspection and testing required by laws, ordinances, rules, regulations and orders of public authorities. .2 Inspect!on and testing performed exclusively for Contractor's convernence. .3 Failure by independent testing agency to detect defective work or materials shall not in any way prevent later rejection, when such defect is discovered, nor shall it obligate Consultant for final acceptance. 1.2 RELATED INSTRUCTIONS .1 Specific inspection and testing requirements: Division 2 to 16 inclusive. 1.3 DUTIES & AUTHORITY OF TESTING AGENCY .1 Testing agency is expected to do the following: .1 Act on a professional and unprejudiced basis and carry out inspection and testing functions to establish compliance with requirements of Contract Documents. .2 Check work as it progresses and prepare reports stating results of tests and conditions of work and state in each report whether specimens tested conform to requirements of Contract Documents, specifically noting deviations. .3 Distribute reports as follows: 1. Consultant 3 copies. 2. Contractor 2 copies. .2 Testing agency is not authorized to amend or release any requirements of Contract Documents, nor approve or accept any portion of work. I I I I I I I I I I I I I I I I I I I QUALITY CONTROL Section 01400 .3 Contractor shall do the following: .1 Notify testing agency minimum 48 hours in advance of operations to allow for assignment of personnel and scheduling of tests without causing delay in work. .2 Provide testing agency with access to work at all times. .3 Supply material samples for testing. .4 Supply casual labour and other incidental services required by testing agency. .5 Provide facilities for site storage of samples. 4. When initial inspection and testing indicates non-compliance with Contract Documents, any subsequent re-inspection and retesting occasioned by non- compliance shall be performed by same testing agency and cost thereof borne by Contractor. End of Section I I I I I I I I I I I I I I I I I I I PRODUCTS AND WORKMANSHIP SECTION 01600 1.1 PRODUCT QUALITY .1 Products supplied for work shall be new and as far as possible and unless otherwise specified, of Canadian manufacture. .2 Materials used for temporary facilities are not required to be new, provided they are structurally sound and in suitable and safe operating condition. 1.2 STANDARDS AND TERMINOLOGY .1 Where a standard has been adopted by these Specifications, incorporate minimum requirements of such standard into the work. Where requirements of Specifications are more stringent than those of the standard, follow more stringent requirements. .2 Reference to standards, specifications, handbooks, and manufacturer's catalogues refer to latest edition thereof and all amendments or revisions applicable at Tender Closing Date, unless date suffix is included with document number. .3 Wherever words "acceptable", "approved", "satisfactory", "selected", It directed II, lldesignatedll, "permitted II, lIinspected 11, ltinstructed II, "requiredtl, "submit", or similar words or phrases are used in standards or elsewhere in Contract Documents, it shall be understood that "by (to) the Consultant" follow, unless context provides otherwise. .4 Where the word "provide" is used in these Contract Documents, it shall be taken to mean "supply and install" unless specifically noted otherwise. 1.3 AVAILABILITY AND SUBSTITUTIONS .1 Products which are specified by their proprietary names or by part of catalogue number form the basis for Contract. No substitutes for these may be used without Owner's approval in writing. .2 Where it is found that specified materials have become unavailable for incorporating into work, notify Owner immediately of proposed substitution. I I I I I I I I I I I I I I I I I I I PRODUCTS AND WORKMANSHIP SECTION 01600 .3 Proposed substitution shall be any top quality product considered by Owner to be suitable for purpose intended. .4 Products proposed as substitutions, and which are considered by Owner to be suitable for purpose intended, but which are in this opinion oflesser value and quality than those specified shall only be accepted as substitution if reasonable credits are allowed for their use. .5 In order to substantiate equivalency of proposed materials, products or processes, submit samples, printed product descriptions, test data, installation instructions, standards, certification, samples, guarantee/warranty forms, list of successful projects incorporating such proposals, and similar information requested by Owner. .6 Whenever a substitute is proposed, any change to contract price as a result of acceptance of proposed product shall include any adjustments to adjacent structure or space in order to accept minor differences in size or weight between proposed items and corresponding specified time. .7 Prevent any substitution or request for substitution from delaying construction progress in any way. .8 Requests for substitution resulting from failure to place orders in time will not be entertained. Be responsible for ordering products in time to ensure their required delivery; bear all costs for failure to comply with these requirements. .9 Upon Owner's request submit copies of material and equipment purchase orders. 1.4 PRODUCT DELIVERY, HANDLING AND STORAGE .1 Suitably pack, crate and protect products during transportation to site to preserve their quality and fitness for purpose intended. .2 Store products in original, undamaged condition with manufacturer's labels and seals intact until they are being incorporated into completed work. .3 Handle and store materials in accordance with manufacturer's and supplier's recommendations so as to ensure preservation of their quality, appearance and fitness for work. I I I I I I I I I I I I I I I I I I I PRODUCTS AND WORKMANSHIP SECTION 01600 .4 Arrange materials so as to facilitate prompt inspection, and remove faulty, damaged or rejected materials immediately from site. 1.5 PRODUCT DELIVERY SCHEDULE .1 It is the responsibility of the Contractor to ensure that the supplier or distributor of materials specified or alternatives accepted, which he intends to use, has materials on the site when required. The Contractor shall obtain confirmed delivery dates form the supplier. .2 The Contractor shall contact the Owner immediately upon receipt of information indicating that any material item, will not be available on time, in accordance with the original schedule, and similarly it shall be the responsibility of all subcontractors and suppliers to so inform the Contractor. .3 The Owner reserves the right to receive from the Contractor at any time, upon request, copies of actual purchase or work orders of any material or products to be supplied for the work. 1.6 WORKMANSHIP .1 All work shall be carried out in accordance with the best trade practice, by mechanics skilled in the type of work concerned. .2 Products, materials, systems, and equipment shall be applied, installed, connected, erected, used cleaned and conditioned in accordance with the applicable manufacturer's printed directions. .3 Where specified requirements are in conflict with the manufacturer's written directions, follow manufacturer's directions. Where specified requirements are more stringent than manufacturer's directions, comply with specified requirements. End of Section I I I I I I I I I I I I I I I I I I I I PROJECT CLOSEOUT Section 01700 1.1 OPERATING AND MAINTENANCE MANUALS .1 Provide operating and maintenance data, prepared on an 8 1/2 x 11" sheets imprinted or typewritten form, contained in D-ring binders with soft vinyl covers. .2 Manual contents shall be assembled in systematic order, generally following the specification format. Provide labeled cellusafe operating condition. .3 Binders shall have clear plastic pocket at back of spine for identification. Insert label containing title "Operating and Maintenance Data", project name and volume number if applicable. .4 Include the following material in each manual: .1 Title sheet labelled "Operating and Maintenance Data" and listing project name, date, volume number, if applicable and names and addresses of Contractor, mechanical subcontractors, Consultant and sub-consultants. .2 List of Contents. If more than one volume is required, provide a cross-reference contents page at front of each volume. .3 Complete list of subcontractors and suppliers. .4 Copy of finish hardware list, complete with all amendments and revisions. .5 Schedule of paints and coatings. Include sufficient explanation to fully identify each surface with the applicable paint or coating used. Enclose copy of colour schedule. .6 Maintenance instructions for all finished surfaces. .7 Brochures, cuts of all equipment and fixtures. .8 Operating and maintenance instructions for all equipment. .9 Extended warranties. .10 Maintenance contracts. .11 Other data required elsewhere in Contract Documents or deemed necessary by Owner. I I I I I I I I I I I I I I I I I I I PROJECT CLOSEOUT Section 01700 1.2 RECORD DRAWINGS 1.3 OPERATING INSTRUCTIONS 1.4 SUBSTANTIAL PERFORMANCE NOT APPLICABLE NOT APPLICABLE .1 Prior to requesting a Substantial Performance deficiency inspection submit the following: .1 Three copies of operating and maintenance manuals. .2 Two copies ofinspection and acceptance certificate required from regulatory agencies. .2 Advise the Owner in writing, when the project has been substantially completed. If Owner agrees that this stage has been reached, prepare a complete list of deficiencies and submit one copy ofthis list to Owner. .3 On receipt of the above deficiency list in a satisfactory form, the Owner, the Contractor and his project superintendent, will carry out an inspection of the project. .4 Add to the deficiency list, any additional deficiencies which are identified during inspection and reissue updated deficiency list to all concerned. 1.5 TOTAL PERFORMANCE .1 Prior to requesting a final inspection do the following: .1 Submit a final request for payment incorporating all approved changes to the contract price, including adjustments to the cash allowances listed in Section 01020. .2 Upon completion of all items noted on the deficiency list, clean all areas, surfaces, and components affected by corrections and completion of deficient items, as directed by the Owner. .3 Ensure that all services, equipment, apparatus are properly tested and adjusted. .2 After all deficiencies have been corrected, submit a written request to the Owner for a final inspection. This inspection shall be carried out by the same parties involved in the Substantial Performance deficiency inspection. I I I I I I I I I I I I I I I I I I I PROJECT CLOSEOUT Section 01700 .3 If all deficiencies have not been corrected, in the opinion of the Owner, a final deficiency list will be prepared in the same manner as specified herein for the Substantial Performance Deficiency Inspection and the inspection procedure repeated until all items have been completed to the satisfaction of the Owner. End of Section I I I I I I I I I I I I I I I I I I I CLEANING Section 01710 1.1 GENERAL .1 Be responsible for cleanliness of site and structures to satisfaction of Owner. Maintain Work in neat and orderly condition at all times. .2 Periodically, or when directed by the Owner, remove from site and legally dispose of rubbish and waste materials. .3 Burning or burying of rubbish and waste materials on site is not permitted. .4 Use only cleaning materials recommended by manufacturer of surface to be cleaned. .5 Use cleaning material only on surfaces recommended by cleaning material manufacturer. 1.2 CLEANING DURING CONSTRUCTION .1 Remove debris, packaging, and waste materials frequently. .2 Keep dust and dirt to an acceptable level, as directed. .3 Remove oily rags, waste and other hazardous substances from premises at close of each day, or more often if required. 1.3 FINAL CLEANING .1 Prior to Substantial Performance, thorougWy clean all surfaces and components. Provide professional cleaning of all areas and surfaces to allow Owner to occupy without further cleaning. .2 Remove stains, dirt and smudges from finished surfaces. End of Section I I I I I I I I I I I I I I I I I I I EARTHWORK Section 02200 PART 1 - GENERAL 1.1 Description 1.2 Quality Assurance .1 1.3 Product Delivery, Storage & Handling 1. 1.4 Shoring & Bracing .1 .1 This section specifies site clearing, rough grading, excavation and backfilling, including all demolition and removal of work shown on the drawings. .2 Comply with all requirements of General Conditions. .3 Related work elsewhere: Section 02215 - Natural Stone Section 02712 P.V.c. Sub-Drain Section 02822 - Sodding Carry out compaction tests on compacted fill to ASlM D698- 70 for Standard Proctor Dry Density on the basis of I test for every 50 m2 in general fill areas and I test in every 5m in trenches. Pay all testing costs incurred. .2 Carry out grain size analysis on samples of each of granular fill to ensure that proper material is being placed. .3 Determine the quantity of water to be added to or removed from each type of fill to attain correct moisture content for compaction and maximum density. .4 Determine the in-situ density and moisture content of compacted fills. Stockpile existing topsoil or fill materials in locations designated by the Owner. Shore and brace all excavations sufficiently to prevent caving in and to support existing structures, road or servlces. .2 Ensure shoring is in accordance with local municipal and provincial regulations. Obtain all necessary permits. .3 Erect warning signs and protective barriers in accordance I I I I I I I I I I I I I I I I I I I EARTHWORK Section 02200 PART 2 - PRODUCTS 2.1 Materials PART 3 - EXECUTION 3.1 Demolition, Site Cleaning & Removals with local municipal and provincial regulations. .4 Make good any damage and be liable for any injury resulting from inadequate shoring or bracing. .1 General fill material: Clean, free from debris, organic matter and other deleterious material. .2 Granular fill material: As called for on the drawings and conforming in all respects with OPSS 1000 and 1010, latest edition. .1 Clear the site of all rubbish, rocks, boulders, tree stumps, and all other debris. Remove and dispose of debris off site. In areas that are to be lowered, or have the grade raised more than 100 mm, remove all shrub growth. .2 Cut down dead trees and trees to be removed and remove stumps to a depth of 600 mm below proposed finished grade. Remove and dispose of all wood and ships off site, fill hole with compacted topsoil and place new sod. .3 Excavate to remove all existing paving, where shown on the drawings and dispose of material off the site. Precast concrete pavers which are not chipped, broken, cracked or painted may be salvaged for re-use on site. .4 Removal includes granular base course material to existing sub-grade unless approved by the Owner for reuse on the site. I I I I I I I I I I I I I I I I I I I EARTHWORK Section 02200 3.2 Rough Grading .5 Remove material without damaging adjacent pavements which are to remain. Make clean, sharp sawcuts before starting removal work. Be responsible for making good damaged surfaces. .6 Remove other materials and surfaces as indicated on the drawings. .7 Temporarily remove existing fences, as required, to facilitate new construction work. Reinstall at the completion of construction to as-new condition. .8 Where instructed by the Owner, transplant existing plant materials as specified in Section 02823. .1 Where necessary, strip topsoil and stockpile as directed. .2 Cut back areas that are to be lowered to the grades shown on the drawings, allowing for the placement of topsoil. Obtain the written approval of the Owner before using excavated material as fill. Prior to placing fill material, scarifY the existing grade to a minimum depth of 75 mm. .3 Where existing grade is to be raised, supply and place fill material, approved by the Owner, in progressive 225 mm lifts (loose material depth). Compact each lift at 95% Standard Proctor Dry Density before placing subsequent layers. .4 Provide finished rough grade parallel to finished grade, allowing for the placing of the specified surface material and base and to a tolerance of plus or minus 12mm, and compacted to 95% Standard Proctor Dry Density under areas to be paved and 85% Standard Proctor Dry Density under areas to be sodded or planted. I I I I I I I I I I I I I I I I I I I 3.3 General Excavation EARTHWORK Section 02200 .1 Stake out the locations of all items requiring excavation and obtain the approval of the Owner before commencing work. .2 Dispose of excavated material off site unless it is approved for use as fill material and backfilling material by the Owner. .3 Excavate to the elevations and dimensions indicated or required for construction work. All depths detailed are shown as depth after compaction. .4 Obtain the approval of the Owner of all excavations before proceeding with construction activities. .5 Where bearing capacity of the subsoil appears to be insufficient, obtain the written approval of the Owner to have soil investigations carried out. Costs for such testing, if required, will be paid by the Contractor at cost. .6 Excavation exceeding that shown on the drawings, if authorized in writing by the Owner, will be paid as extra to the contract price in accordance with the General Conditions. Quantities will be calculated in place. Truck load measurement is not acceptable. .7 Fill extra excavations with concrete or as directed. .8 Correct unauthorized excavation to no extra cost. .9 Do not disturb soil within the branch spread of trees or shrubs that are to remain. If excavating through roots, excavate by hand and cut all roots with a sharp hand saw or chain saw. Seal cuts with approved tree wound dressing. Where excavation results in the loss of more than 20% of the root system of any tree, have the plant material top pruned by a qualified arboriculturalist to compensate for root loss. Pay all costs incurred. .10 Adjust all window wells in the contract area, to a minimum of 50 mm above the new patio level. Secure to unit wall. I I I I I I I I I I I I I I I I I I I EARTHWORK Section 02200 3.4 3.5 Excavation - Planting Pits & Beds Backfilling .11 .12 Excavate post holes with a power auger or hand auger as required, to the depth and diameter indicated. Ensure adequate allowance is provided in the bid for hand digging of holes as no extra to the contract will be allowed. Shape the bottom of excavations for areas that include subsurface drainage to drain to the pipe at 1% minimum slope. .1 Excavate planting pits and beds to the fol1owing depths unless specified otherwise on the drawings: Deciduous & Coniferous shrubs 450 mm below finished. Deciduous & Coniferous trees 150 mm greater than the depth and width ofthe rootball. .2 For shrub beds, excavate to the depth noted in 3.4.1. and excavate the entire bed to provide 150 mm topsoil around the perimeter when al1 shrubs are installed at the correct spacmg. .1 Do not commence backfilling until work has been approved by the Owner. .2 Ensure areas to be backfil1ed are free of debris, snow, ice water or frozen ground. .3 Place specified fil1 materials in continuous horizontal layers not exceeding 225 mm loose depth and compact to 95% Standard Proctor Dry Density. Take care not to damage damp proofing during backfilling operations. .4 Backfil1 simultaneously on both sides of walls equalize soil pressure. I I I I I I I I I I I I I I I I I I I EARTHWORK Section 02200 .5 Make good any settlement or subsequent damage to adjacent structures or to other work under this contact caused by improper or inadequate compaction. End of Section I I I I I I I I I I I I I I I I I I I NATURAL STONE Section 02215 PARTI - GENERAL 1.1 General Requirements .1 Comply with the requirements of Division I. 1.2 Related Work .1 Earthworks Section 02200 PART II - PRODUCTS .1 All stonework shall be granite as per Belmont Rose Granite Corporation telephone 905-940-0700 or approved equal. .2 The intent of the project is to have exposed, the weathered rock face. There is a tolerance acceptable to adjust adjacent grades and rock elevations to avoid excessive splitting. .3 The stone shall be granite material, that is, having a complete weathered surface. Colour as per supplier. .4 All tooled splitting shall be chiseled to represent a natural edge. .5 The stones shall be of thickness. As specified on drawings. .6 Sizes shall be as follows: A - 2 - 1500 x 1200 x 1200 B - 6 - 1200 x 1000 x 800 C - 2 - 1500 x 800 x 600 D - 2 - 1200 x 600 x 700 E - 6 - 600 x 600 x 400 F - 1 - 1000 x 600 x 500 G - 1 - 1200 x 600 x 400 H - 1-1000x400x300 J - 2 -1500x600x600 Contractor may bury to achieve desired height. Stones to be selected prior to delivery to site. Position stones per layout plan. I I I I I I I I I I I I I I I I I I I NATURAL STONE Section 02215 PART m - EXECUTION 3.1 EXECUTION .1 Have stone lowered into place by crane or alternate approved method. .2 Any damage to side of stone from unloading shall b repaired by chiseling. .3 The boulder must butt together sufficiently. .4 The plans do not intend to show exact boulder size, but do specifY elevations to be met. .5 Have the granular base compacted and inspected by the consultant prior to laying. End of Section I I I I I I I I I I I I I I I I I I I P. V.c. SUB-DRAIN Section 02712 PART I - GENERAL 1.1 General Instructions .1 Comply with the requirements of Division 1. 1.2 Related Work .1 Earthworks Section 02200 PART IT - PRODUCTS 2.1 Pipe .1 Pipe to be perforated Big "0" manufactured by the Big "0" Company, Exeter, Ontario or equal. It shall be polyvinyl chloride, CSA approved. 2.2 Filter .1 Filter sock to be continuous Knitted polyester. 2.3 Miscellaneous .1 All couplings, tees, end caps, reducers, elbows, etc. to be PVC, securely fastened. PARTID - EXECUTION 3.1 Inspection .1 Obtain the Owner's approval prior to backfilling trenches. 3.2 Excavation .1 All areas for drainage shall be excavated to the speCified depths as shown on drawings and details. .2 Excavate trenches in straight lines and if deviation from plans occur, approval by Owner is required. .3 Dewater trenches if required during rain periods. I I I I I I I I I I I I I I I I I I I P.V.c. SUB-DRAIN Section 02712 3.3 Backfilling 3.4 Installation .1 Backfilling with materials as indicated on the draWings, to 90% S.P.M.D.D. around the pipe. Backfill in 225mm lifts and consolidate each layer of fill. .2 FiII materials above the drainage pipe shall be mechanically compacted, up to the finished grade, to 95% S.P.M.D.D. Be responsible for making good any subsequent settlement offill and/or work placed on top of it. .1 Place pipe with holes facing downward. .2 At all ends, install insert end caps. .3 Ensure a continuous fall of minimum 1.0% is achieved. .4 Tile to discharge into ravine. Contractor to place gravel or riverstone around opening to avoid erosion. End of Section I I I I I I I I I I I I I I I I I I I SODDING Section 02822 PART 1 - GENERAL 1.1. Description .1 This section specifies the supply and placing of cultivated sod. .2 Related work: Section 02200 - Earthwork 1.2 Quality Assurance .1 The contractor must have 5 years experience in sodding work. 1.3 Product Delivery Storage & Handling .1 Deliver sod to site within 24 hours of being harvested and lay sod within 48 hours thereafter, depending on suitable weather conditions and in accordance with good horticultural practice. .2 Small irregular or broken pieces of sod will not be accepted. 1.4 Sample .1 Complete the installation of one sample panel of sod of a minimum 25 m2 (one side minimum 2.0 m) and have inspected and approved by the Owner prior to proceeding with the balance of sodding operations. All other work shall conform to this approved sample. 1.5 Inspection .1 Obtain the approval of the Owner of the finished topsoil surface before proceeding with sodding. 1.6 Acceptance .1 Maintain sod in good condition until acceptance. .2 At the time to acceptance, the grass must not be more than 65 mm high. Minimum acceptable cutting height is 45 mm. .3 Acceptance will be given when the sod is properly rooted, free of bare and dead spots and reasonably free of weeds in the opinion of the Owner. .4 Replace any deteriorated sod with new sod at the direction of the Owner. I I I I I I I I I I I I I I I I I I I SODDING Section 02822 PART 2 - PRODUCTS 2.1 Materials .1 PART 3 - EXECUTION 3.1 Preparation.1 Grass sod: Certified No. 1 grade cultivated turf grass sod with a composition of 50% Kentucky Blue Grass and 50% Blue Cultivar either "Fylking" or "Baron" or as specified on the drawings, grown and sold in accordance with NSGA classifications. At the time of sale it must have a strong, fibrous root system and be free of stones and burned or bare spots. .2 Sod pegs: 25 mm x 25 mm x 230 mm (minimum length). Ensure pegs are tong enough to securely anchor sod. .3 Topsoil: A fertile, friable, natural loam; containing not less than 4% organic matter for clay loarns and not less than 2% organic matter for sandy loams to a maximum of 15% , and capable of sustaining vigorous plant growth, free of subsoil contamination, roots and stones over 5 mm diameter, reasonably free of weeds (as determined by the Owner), and having a pH ranging from 6.0 to 7.5. .2 Rototill all areas that are to receive new sod. Cultivate to a minimum depth of 100 mm. Remove all rocks, roots and grass or weed clumps from the surface. Compact surface to 85% Standard Proctor Dry Density. .3 ScarifY to depth of 25 mm before placing additional topsoil or sod. I I I I I I I I I I I I I I I I I I I SODDING Section 02822 3.2 Spreading of Topsoil .1 Spread dry topsoil during dry weather over approved, dry, unfrozen sub grade where sod is to be installed. .2 Keep topsoil 40 mm below finished grade for sodded areas. .3 Fine grade topsoil eliminating rough and low areas and to ensure positive drainage. .4 Roll topsoil with a 50 kg roller to compact and retain surface. Finished depth of prepared topsoil to be minimum 100 mm. .5 Provide a finished topsoil surface that is smooth and firm against footprints with a fine, loose texture before sod is placed. 3.3 Installation .1 Lay sod with tight butt joints. Do not leave any open joints or overlap adjacent pieces of sod. Alternate joints on each row of sod. .2 Ensure finished sod surface is flush with adjoining grass areas, pavement or top surface of curbs. .3 On slopes steeper than 4:1, lay sod perpendicular to the slope and peg each row at intervals of not more than 600 mm on each side of the sod strip. Drive pegs flush with surface of sod. .4 Immediately after installation, water the sod with sufficient quantity of water to penetrate the sod and the top 50 mm of the underlying topsoil. .5 Apply 50.20.20 slow release commercial fertilizer at the rate of 10 kg per 100 square metres. .6 When sod has dried sufficiently to prevent damage, roll all sodded areas to ensure a good bond between sod and topsoil. I I I I I I I I I I I I I I I I I I I SODDING Section 02822 .7 Protect all newly sodded areas with warning signs or barricades. End of Section I I il I I I I I I I I I I I I I I I I PLANTING Section 02823 PART 1 - GENERAL 1.1 Description .1 1.2 Quality Assurance .1 1.3 Product Delivery, Storage & Handling .1 This section specifies the supply and planting of trees, shrubs and ground covers. Related work: Section 02200 - Earthwork. Supply manufactured items such as super phosphate, mulch, etc., in standard containers, clearly indicating contents, weight, component analysis, and the name of the manufacturer. 2 Store all manufactured materials, subject to deterioration, in a weatherproof place on site and in such a marmer that their effectiveness is not impaired. .3 Supply plant material as specified on the plant list. .4 Dig material, specified "B.R." (bare root) on the plant list, while in a dormant state and with the majority of the roof system intact. Immediately after digging, wrap the roots in wet burlap and keep burlap wet during transport and storage. .5 Provide al material, specified "B. & B." (Balled and burlapped) on the plant list, with a solid, earth rootball, wrapped in burlap. .6 Do not plant material on which the rootball has been cracked or broken preparatory to or during the planting process. .7 Provide rootballs of the following minimum sizes to meet the corresponding tree size. Ensure the rootball is large enough to accommodate at least 75% of the fibrous root system. I I I I I I I I I I I I I :1 I I I I I PLANTING Section 02823 .9 .10 .11 .12 .13 .14 Deciduous Trees Calioer 60mm 80mm 90mm Root Ball Diameter 80 cm 90 cm 1.00 cm Coniferous Tree Height 1.50 m 2.00m 2.50m 3.00m Root Ball Diameter 60 cm 70 cm 80 cm 90 cm .8 Cut all roots cleanly when digging plants. Split roots are not acceptable. Cut roots even with the edges of the rootball. Paint all cut roots over 13 mm diameter with approved tree wound dressing. Protect all plant material from damage and breakage. Protect all parts of the plant material from drying out from the time of digging until they are installed. Do not transport plant material in an open truck unless it is adequately protected from sun and wind. Carefully tie in all branches before transporting. Pad all points of contact between plant material and equipment. Heel in any plant material that cannot be planted during the current day's operations. Keep all roots and rootballs moist prior to planting. I I I I I I I I I I I I I I I I I I I PLANTING Section 02823 1.4 Job Conditions .1 Proceed with planting operations during suitable weather conditions. 1.5 Substitutions .1 Make plant material available for inspection at source by the Owner. .2 Approval of plant material at source will not impair the right of the Owner to inspect plants upon arrival on the site or during the course of construction and to reject plants which have been damaged, or which, in any way, do not conform to the specifications. .3 If partial acceptance is desired, give notice to the Owner in writing. .4 Partial acceptance will be given when planting work has been delayed due to circumstances beyond the control ofthe contractor or where planting would be in conflict with good horticultural practices and would jeopardize the performance. .5 Final inspection of all plant material will be made at the end to the specified guaranty period. All plants must be in a healthy growing condition at the time of this inspection. 1.7 Maintenance .1 Maintenance shall include all measures necessary to establish and maintain all plants in a vigorous and healthy growing condition, including but not limited to: .1 Cultivating and weeding of planting beds and tree pits. Use herbicides in accordance with the manufacturer's directions. Make good any damage, resulting from herbicide use at no extra cost. .2 Watering when required and in sufficient quantities to saturate the root system. I I I I I I I I I I I I I I I I I I I PLANTING Section 02823 1.8 Guaranty PART 2 - PRODUCTS 2.1 Plant Materials .3 Pruning, including the removal of dead or broken branches, and treatment of pruning wounds with approved dressing. .4 Disease and insect control when required. Use chemical methods in accordance with the manufacturer's directions. Make good any damage at no extra cost. .5 Keep all accessories in good condition and properly adjusted. Repair or replace accessories when required at no extra cost. .2 At the time of acceptance, all material must be in a healthy vigorous growing condition. Beds and tree pits must be fresWy cultivated and free of weeds, rubbish or debris. .1 During the guaranty period, replace all material that is dead or not in a satisfactory, healthy growing state or which does not meet the requirements of the specifications, at no extra cost to the contract. .2 All replacements must be plants of the same size and species as shown on the plant list, supplied and planted in accordance with the drawings and specifications. .1 All plant material must be nursery grown and meet the specifications set out in the latest Guide Specifications for Nursery Stock prepared by the Canadian Nursery Trade Association (CNTA) for size, height, spread, grading, quality and method of cultivation. I I I I I I I I I I I I I I I I I I I PLANTING Section 02823 .2 Nomenclature of specified plants shall conform to the International Code of Nomenclature for Cultivated Plants and the latest edition of Standardized Plant Names. .3 Any plant materials not conforming to 2.1.1 above will be designated as collected plants. .4 Collected plants may only be used when approved in writing by the Owner. .5 Plant Material: True to name and type, structurally sound, well branched; healthy and vigorous and free from disease, insect infestations, rodent damage, sun scale, frost cracks, and other abrasions to the bark and densely foliated with a healthy, well developed root system. Pruning wounds must show vigorous bark on all edges and all parts must show live and green cambium tissue when cut. .6 All material must conform to the sizes shown on the plant list, except that larger material may be used when approved by the Owner. Use oflarger plants will not increase the contract price. .7 Plant material sizes must conform to the following standards: .1 Caliper - diameter of the trunk measured 150 mm above the normal grade around the plant. .2 Height - Measured from the normal grade around the plant to the top of the main foliage mass. I I I I I I I I I I I I I I I I I I I PLANTING Section 02823 2.2 Other Material .3 Spread - The diameter of the main foliage mass, at its widest point. .1 Topsoil: A fertile, friable, natural loam; containing not less than 4% organic matter for lay loams and not less than 2% organic matter for sandy loams to a maximum of 15% and capable of sustaining vigorous plant growth, free of subsoil contamination, roots and stones over 50 rom diameter, reasonably free of weeds (as determined by the Owner) and having a pH ranging from 6.0 to 7.5 .2 Peat Moss: Partially decomposed fibrous form of cellular stems and leaves of sphagnum moss, free of woody substance and harmful mineral matter, having a pH range of 4.5 to 6.0 and furnished in air dry state packed in standard bags or bales showing the name of the manufacturer. .3 Tree Wrap: 225 g burlap supplied in strips 150 rom minimum to 250 rom maximum width or heavy, waterproof crepe paper 100 rom to 150 rom wide. .4 Anchor Stakes: Metal 'T' bars 38 x 38 x 5 mm - 2500 rom long. .5 Wire: #9 gauge galvanized wire for trees 75 rom caliper or larger and # 11 gauge galvanized wire for smaller trees. I I I I I I I I I I I I I I I I I I I PLANTING Section 02823 2.2 Mixes PART 3 - EXECUTION 3.1 Preparation 3.2 Installation of Plant Material .6 Hose: Two ply, reinforced, 13 mm diameter, new, black rubber garden hose. .7 Mulch: Peat moss as outlined in 2.2.2 above. .8 Tree Guard: #10 gauge - 50 x 50 mm electro weld wire mesh, 1500 mm high. .1 Provide standard planting soil mix as follows: 5 part topsoil to I part peat moss. .2 Add superphosphate at the rate of. 75 kg per cubic metre and mix thoroughly for each tree or planting bed. .3 Be prepared to adjust the above rate in response to the soil analysis report. .1 Obtain the approval of the Owner of all planting excavations as outlined in Section 02200. .2 Apply topsoil to a depth of 600 mm for shrub and ground cover beds. .1 Ensure width of all planting excavations is 150 mm greater on all sides than the width of the rootball. I I I I I I I I I I I I I I I I I I I PLANTING Section 02823 3.3 3.4 Installation of Plant Accessories .1 Pruning .1 .2 Place plant plumb in the centre of the planting pit with a minimum of ISO mm of compacted planting soil mixture under the rootball. Face the plant to give the best appearance or relationship to adjacent structures. Cut away any ropes which might girdle the tree. Remove any part of the wire basket which is on top of the rootball. .3 Place bare root plants so that the roots lie in a natural position. .4 Backfill with planting soil in ISO mm layers and firmly tamp each layer to ensure the plant remains plumb. Ensure no air pockets remain around the roots. .5 Water thorougWy when hole is 'h full of tamped soil mixture and again when the operation is complete. .6 Except for plants in planting beds, construct an earth saucer around each plant equal to the diameter of the rootball and 50 mm minimum depth to retain water around the roots. Wrap all trees over 50 mm caliper. Apply wrapping in a spiral manner from grade to above the second branch. Secure wrapping with suitable cord. .2 Stake or guy all trees as outlined in the drawings and detail. Prune plants after planting to compensate for root loss and in such a manner that the natural shape and character are retained. Do not cut a leader. Use only clean and sharp tools. Treat all wounds and cuts over 13 rnm diameter with approved tree wound dressing. I I I I I I I I I I I I I I I I I I I PLANTING Section 02823 3.5 3.6 3.7 Mulching Transplanting Existing Trees Clean-up .1 Where a mulch is called for, place a minimum 25 mm depth of peat moss over the planting area. Work mulch in to the top 50 mm of topsoil. No other type of mulch is acceptable unless approved in writing by the Owner. .1 Size of rootball: 12 times the tree caliper measured 300 mm above grade and deep enough to enclose 75% of the existing root system. .2 Double burlap and drum lace rootball before moving. .3 Size of new planting pit is to be in accordance with 3.2.1 and 150 mm deeper than the depth of the rootball. .4 Plant, guy or stake and prune as outlined in 3.2,3.3 and 3.4. .1 At the completion of planting operations, remove all surplus material from the site at no extra cost. .2 Make good all damage resulting from planting operations at no extra cost. End of Section r " .. '- r ....~..._ ~ ~~ J: __ -- ~~ O";",;:r 'Z- ... -' \\. I I I I I I I I I I I I I I I I I I I t "'~ ~ ~ \\-0' \ \~"i 1a. Q~ i.. ~Q, - ~" '\ . .... ~ o \~ '" ~ " l"1 II'I II!' II'! I I !II d lll!f Iii l!l! 11!1 illilli II! llill:li !ll'ili II! Ji! ill n;iliiillii! nil ~ ,. .... Jl .. III ! Illl;ll Jlilll! iil'i 11!llil i iiilll! 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