HomeMy WebLinkAbout93-194 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW 93- 194
Being a By-law to authorize a contract between the
Corporation of the Municipality of Clarington and
Kamstra Landscaping in respect to the Foster Creek
Trail Landscaping.
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
with the Corporation Seal, a contract between J. Kamstra
Landscaping and said Corporation.
2 . THAT this agreement attached hereto as Schedule "A" form part
of this By-law.
By-law read a first and second time this 13 day of December, 1993.
By-law read a third time and finally passed this 13th day of
December, 1993.
Mayor
erk
LANDSCAPE DESIGN
CONSULTATION & PROJECT MANAGEMENT
'1
DANIEL J. O'BRIEN & ASSOCIATES LTD.
LANDSCAPE ARCHITECTS
180 MARY ST. 167 ONTARIO ST., 2ND. FLOOR
PORT PERRY, ONT. L9L 1137 KINGSTON, ONT. K71, 5L3
TEL: (416) 985-4466 TEL: (613)546-5240
FAX: (416) 985-8509 FAX: (613) 544-6481
1
' THE CORPORATION OF THE
MUNICIPALITY OF CLARINGTON
COMMUNITY SERVICES DEPARTMENT
' FOSTER CREEK VALLEY TRAIL SYSTEM
Tender No. NW93-41
November 24, 1993
1
' Closing Date: Wednesday, November 24, 1993
Time: 2:00 PM
To: Office of the Clerk
Corporation of the Municipality
' of Clarington
40 Temperance Street
Bowmanville, Ontario
' L1 C 3A6
Standard Construction Document— CCDC 2 — 1982
AGREEMENT BETWEEN OWNER AND CONTRACTOR
for use when a stipulated price forms the basis of payment and
' to be used only with the General Conditions of the Stipulated
Price Contract.
This Agreement made on the. . . .�LrVENT1.1. . . I . . , , , . . , , , . . day of. . . ,MARCH
in the year nineteen hundred and. . N.I.NEZY-F.OUF. . . , , , . , , . , . , .
' by and between
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
hereinafter called the "Owner"
and
J . KAMSTRA. . LANDSCAPIN.G..N.D. A. .LIMITED. . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
R . R . OSf{ . . ... . . . H . 8L7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
hereinafter called the "Contractor"
witnesses: that the parties agree as follows
ARTICLE A-1 THE WORK
t The Contractor shall:
(a) perform the Work required by the Contract Documents for . FOSTER CREEK VALLEY TRAIL
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Nnsert here the title of(he Work and the Project)
SYSTEM
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . .. . . . .. . . .. . . ... . . . . . . . . . . .. .
which have been signed by the parties, and which were prepared by . , DANIEL J . O ' BRI EN
ASSOCIATES LTD.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .acting as and hereinafter called the"Consultant" and
' (b) do and fulfill everything indicated by this Agreement, and
(c) commence the Work by the . . 4711. . . . day of , . APR I L . . , , , , . . . 19, 94 and attain Substantial
Performance of the Work, as certified by the Consultant, by the . .31ST, , , day of. . .n1'. . . . . . . . .
19. 94
CCDC 2 — 1982 File 00510 1
' ARTICLE A-2 CONTRACT DOCUMENTS
The following is an exact list of the Contract Documents referred to in Article A-1 of this Agreement and as defined
in item 2 of DEFINITIONS. This list is subject to subsequent amendments in accordance with the provisions of the
Contract and agreed upon between the parties. Terms used in the Contract Documents which are defined in the
' attached DEFINITIONS shall have the meanings designated in those DEFINITIONS.
(Insert here, attaching additional pages d required, a list identifying the Contract Documents including: The Agree-
ment, General Conditions, Supplementary Conditions, Definitions, drawings, giving drawing number, title, date,
revision date or mark, and specifications, giving a list of contents with section numbers and titles, number of
pages, and date or revision marks. Clearly identify modifications to the Contract Documents.)
r
2 CCDC 2 — 1W File 00510
' ARTICLE A-3 CONTRACT PRICE
' The Contract Price is . . . THIRTY-FIVE„THOUSAND, , , , , , , , , , , , ,
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .dollars
' (s 3 5 ,Q00,.00 , , , , , , , , , , . . )in Canadian funds, which price shall be subject to adjustments as may be
required in accordance with the provisions of the Contract Documents.
ARTICLE A-4 PAYMENT
(a) Subject to applicable legislation and the provisions of the Contract Documents, and in accordance with
' legislation and statutory regulations respecting holdback percentages and, where such legislation or regula-
tions do not exist or apply, subject to a holdback of' TEN percent ( 10
the Owner shall:
' (1) make monthly payments in Canadian funds to the Contractor on account of the Contract Price. The
amounts of such payments shall be as certified by the Consultant, and
' (2) upon Substantial Performance of the Work as certified by the Consultant pay to the Contractor the
unpaid balance of holdback monies then due, and
' 13) upon Total Performance of the Work as certified by the Consultant pay to the Contractor the unpaid
balance of the Contract Price then due.
lb) In the event of loss or damage occuring where payment becomes due under the property and boiler insurance
' policies, payments shall be made to the Contractor in accordance with the provisions of GC 20 —
INSURANCE.
(c) If the Owner fails to make payments to the Contractor as they become due under the terms of this Contract or
in an award by arbitration or court, interest of TI40 + PRIME percent ( 2 . 0 %)per
annum on such unpaid amounts shall also become due and payable until payment. Such interest shall be
1 calculated and added to any unpaid amounts monthly.
ARTICLE A•5 RIGHTS AND REMEDIES
(a) The duties and obligations imposed by the Contract Documents and the rights and remedies available
thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise
imposed or available by law.
(b) No action or failure to act by the Owner, Consultant or Contractor shall constitute a waiver of any right or duty
afforded any of them under the Contract, nor shall any such action or failure to act constitute an approval of or
' acquiescence in any breach thereunder, except as may be specifically agreed in writing.
' CCDC 2 — 1982 File 00510 3
ARTICLE A-6 RECEIPT OF AND ADDRESSES FOR NOTICES
' Communications in writing between the parties or between them and the Consultant shall be considered to have
been received by the addressee on the date of delivery if delivered by hand to the individual or to a member of the
firm or to an officer of the corporation for whom they are intended or if sent by post or by telegram, to have been
' delivered within five (5)working days of the date of mailing, dispatch or of delivery to the telegraph company when
addressed as follows:
The Owner at. . .THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
street and number and postal box number if applicable
' 4O. .TE.MPE.R.EAN.0 E. STREET. . . . . . . . . . . . . . . . . . . . . . . . .L1C. . �6 . . . . . . . . . . . . . . . . . . . . . . . . . .
post office or district province,postal code
TheContractorat . . KAM.STFA .L Q5Q APB.NG. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
' street and number end postal box number if applicable
R . R . II S . . . . . OSFiAWA. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .L1 H. .8L. . . . . . . . . . . . . . . . . . . . . . . . . . . .
post office or district,province,postal code
' The Consultant at . . . .DAN I E.L. .J .. .0 ° BAT Eli .¢SSQQI.ATRS . LANDSUP.n .ARQUITEC.TS. . . . . . .
street end number end postal box number if applicable
180 MARY STREET , PORT PERRY L9L 1$7
' post office or district,province,Postal code
ARTICLE A-7 LAW OF THE CONTRACT
' The law of the Place of the Work shall govern the interpretation of the Contract.
ARTICLE A-8 LANGUAGE OF THE CONTRACT
When the Contract Documents are prepared in both the English and French languages, it is agreed that in the
event of any apparent discrepancy between the English and French versions, the . English language shall
' prevail.
This Agreement is drawn in English at the request of all parties hereto; ce march6 est r6dig6 en anglais A la
' demande de toutes les parties.
' -Complete this statement by striking out inapplicable term it the Contract Documents have been prepared and
issued in both official languages of Canada.
' 4 CCDC 2 — 1982 Fite 00510
ARTICLE A-9 SUCCESSION
' The General Conditions of the Stipulated Price Contract hereto annexed, and the other aforesaid Contract
Documents, are to be read into and form part of this'Agreement and the whole shall constitute the Contract be-
tween the parties and subject to law and the provisions of the Contract Documents shall enure to the benefit of and
' be binding upon the parties hereto, their respective heirs, legal representatives, successors and assigns.
In witness whereof the parties hereto have executed this Agreement under their respective corporate seals and
' by the hands of their proper officers thereunto duly authorized.
SIGNED, SEALED AND DELIVERED
' in the presence of:
OWNER
' MUNICIPALITY OF CLARINGTON
name t
' signature
name d ti _
gnatur witness
name and tide name and title
1 '
CONTRACTOR
' J . KAMSTRA LANDS"'APING
name
. . . . . . . . . \ . . . . . . . . . . . . . . . . . .
signarR/,a
' . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
name and bde `
signature. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . with ss . . . . . . . . . . . . . . . . . . . . . . . . . . . .
.�
name and title name and tide
N.B. Where legal jurisdiction, local practice, or Owner or Contractor requirement calls for proof of authority to ex-
' ecute this document, proof of such authority in the form of a certified copy of a resolution naming the person or
persons in question as authorized to sign the Agreement for and on behalf of the corporation or partnership, parties
to this Agreement, should be attached.
' CCDC 2— 1982 Fib 00610 5
Simcoe & Erie General Insurance Company CCDC 221
' 849 North Service Road West,Burlington,Onterlo L7R 41_5
PERFORMANCE BOND
No. . . .T-83,25. . . . $. .35 D OQA.00. . . . . . . . . . . . .
KNOW ALL MEN BY THESE PRESENTS THAT . . . J. KAMSTRA LANDSCAPING LIMITED ,AND• , . . . _ . . . • _ . . , . . .
. . . . . . . . . . . . . . . . . . . . . . . . . .
716906 ONTARIO INC. o KAMSTRA LANDSCAPING
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . asPrincipal
hereinafter called the Principal, and SIMCOE & ERIE GENERAL INSURANCE COMPANY
a corporation created and existing under the laws of the Province of Ontario
' the Province of Ontario
and duly authorized to transact the business of Suretyship in . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
as Surety, hereinafter called the Surety, are held and firmly bound unto . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
' THE.CORPORATION. . . . .OF. . . . .
THE MUNICIPALITY. . . . . .OF.CLARINGTON. . . . . . . . asObligee
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
hereinafter called the Obligee, in the amount of . . . . .
----------------------------------. . .------=-------- 35 000 00
Dollars ($. . . . .,. . . . '. . . . . . . . . . . . . . . . .1
lawful money of Canada, for the payment of which sum,well and truly to be made,the Principal and the Surety bind themselves,their heirs,
executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
' WHEREAS, the Principal has entered into a written contract with the Obligee, dated the . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
day of . . . . . . . . . . . . . . . . . . . . . . . . . 19 . . . . . .. for . . . .FQ$T.ER .CRF�EK.VALLEY. FRAIL. S.XSTEM... . . . . . . . . . . . . . . . .
INSTALLING BIKE PATH AND SURROUNDING LANDSCAPING. NOTWITHSTANDING ANYTHING IN THE
CONT[tACT'TO �T`HE* CONTRARY, IT IS A CONDITION OF THIS OBLIGATION THAT THE SURETY SHALL
NOT .BE. LIABLE. .F.OR, .ANY. OF .THE -PRINCIPAL'S •OBLIGATIONS -UNDER -THE. CONTRACT•FOR -EVENTS
' OCCURRING OR DISCOVERED MORE THAN ONE (1 ) YEAR AFTER THE DATE OF SUBSTANTIAL
PERFORMANCE_ OF.THE .PR1K1PAL.'.S .WORK .UNDER THE. CONTRACT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
in accordance with the Contract Documents submitted therefor which are by reference made part hereof and are hereinafter
referred to as the Contract.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if the Principal shall promptly and
faithfully perform the Contract then this obligation shall be null and void; otherwise it shall remain in full force and
' effect.
Whenever the Principal shall be, and declared by the Obligee to be, in default under the Contract, the Obligee having
performed the Obligee's obligations thereunder, the Surety may promptly remedy the default, or shall promptly
(1) complete the Contract in accordance with its terms and conditions or
' (2) obtain a bid or bids for submission to the Obligee for completing the Contract in accordance with its terms and
conditions, and upon determination by the Obligee and the Surety of the lowest responsible bidder, arrange for
a contract between such bidder and the Obligee and make available as work progresses (even though there
should be a default, or a succession of defaults, under the contract or contracts of completion, arranged under
this paragraph) sufficient funds to pay the cost of completion less the balance of the Contract price; but not
exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set
forth in the first paragraph hereof. The term 'balance of the Contract price," as used in this paragraph, shell
mean the total amount payable by the Obligee to the Principal under the Contract, less the amount properly
' paid by the Obligee to the Principal.
Any suit under this Bond must be instituted before the expiration of two (2) years from the date on which final
payment under the Contract falls due.
' The Surety shall not be liable for a greater sum than the specified penalty of this Bond.
No right of action shall accrue on this Bond, to or for the use of, any person or corporation other than the Obligee
named herein, or the heirs, executors, administrators or successors of the Obligee.
' IN WITNESS WHEREOF, the Principal and Surely have Signed and Sealed this Bond this.... .........39th
... .... ... .... .. ..
day of.... . ...December. . ............. 1s.93....
' SIGNED and SEALED J. KAMSTRA LANDSCAPING LIMITED
in the presence of 1 AND 716906 ONTARIO INC.( o/a KAMSTRA LANDSCAPING
( .. y ... ..... ............................................................. (Seal)
' ( Principal
( SIMCOE 6 ERIE GENERAL INSURANCE COMPANY
1
(
( ..
(. By ....... ..... ............... ... (Seal)
En(jwied by ACEC CCA CC�'E CSC RAiC ( Surely
Ap()o. l by INSURANCE. BUREAU OF CANADA J.A. S i , Attorney—in—fact
E-18 (11/91)
rSimcoe & Erie General Insurance Company
649 North Service Road West,Burlington,Ontario UR 41-5 CCDC 222
LABOUR AND MATERIAL PAYMENT BOND
(TRUSTEE FORM)
No. ....T-832.6......................... S . 35 t 000.00
. ........................
' Note: This Bond is issued simultaneously with another Bond in favour of the Obligee conditioned for the full and
faithful performance of the Contract.
T. KAMSTRA LANDSCAPING 1,IM TT E"
KNOW ALL MEN BY THESE PRESENTS THAT...*......... ....................................I..............................
............
AND 716906 ONTARIO INC. o/a KAMSTRA LANDSCAPING
......................................................................................................... as Principal
hereinafter called the Principal, and SIMCOE & ERIE GENERAL INSURANCE COMPANY
' a corporation created and existing under the laws of the Province of Ontario
and duly authorized to transact the business of Suretyship in.....th?. Province of Ontari O
................................................
' as Surety, hereinafter called the Surety are, subject to the conditions hereinafter contained, held and firmly bound unto
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
...........................................................................................................................
' ......................................................as Trustee
hereinafter called the Obligee, for the use and benefit of the Claimants, their and each of their heirs,executors, adminis-
'
... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .rators,successors and assigns, in the amount of : fHIRT.X-F�V�—THO.uSAND---- ----
Dollars IS
of lawful money of Canada for the payment of which sum well and truly to be made the Principal and the Surety bind
themselves, their heirs, executors,administrators, successors and assigns,jointly and severally, firmly by these presents.
WHEREAS, the Principal has entered into a written contract with the Obligee,dated the . . . . . . . . . . . . . . . . . . . . . . . . .
day of. . . . . . . . . . . . . . . . . . . . . . . 19. . . . . . . . , for. . .FOS.TER.GREEK..V.AW AX.TRAI1 . S.X$l1%h•. . .. .. . . .
' . . . .INSTALLING.BIKE.PATH. AND.SURROUNDING LANDSCAPING.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
which Contract Documents are by reference made a part hereof, and are hereinafter referred to as the Contract.
' NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if the Principal shall make payment to all
Claimants for all labour and material used or reasonably required for use in the performance of the Contract, then this
obligation shall be null and void; otherwise it shall remain in full force and effect, subject, however, to the following
conditions:
I. A Claimant for the purpose of this Bond is defined as one having a direct contract with the Principal for
labour, material, or both, used or reasonably required for use in the performance of the Contract, labour and
material being construed to include that part of water, gas, power, light, heat, oil, gasoline, telephone service or
rental equipment directly applicable to the Contract provided that a person, firm or corporation who rents
equipment to the Principal to be used in the performance of the Contract under'a contract which provides that
all or any part of the rent is to be applied towards the purchase price thereof, shall only be a Claimant to the
extent of the prevailing industrial rental value of such equipment for the period during which the equipment
' was used in the performance of the Contract. The prevailing industrial value of equipment shall be determined,
insofar as it is practical to do so, in accordance with and in the manner provided for in the latest revised
edition of the publication of the Canadian Construction Association titled "Rental Rates on Contractors
Equipment" published prior to the period during which the equipment was used in the performance of the
Contract.
2. The Principal and the Surety, hereby jointly and severally agree with the Obligee, as Trustee, that every
Claimant who has not been paid as provided for under the terms of his contract with the Principal, before the
expiration of a period of ninety 1901 days after the date on which the last of such Claimant's work or labour
' was done or performed or materials were furnished by such Claimant, may as a beneficiary of the trust herein
provided for, sue on this Bond, prosecute the suit to final judgment for such sum or sums as may be justly due
to such Claimant under the terms of his contract with the Principal and have execution thereon. Provided that
the Obligee is not obliged to do or take any act, action or proceeding against the Surety on behalf of the
' Claimants, or any of them, to enforce the provisions of this Bond. If any act, action or proceeding is taken
either in the name of the Obligee or by joining the Obligee as a party to such proceeding, then such act, action
or proceeding, shall be taken on the understanding and basis that the Claimants; or any of them, who take such
act, action or proceedinq shall indemnify and save harmless the Oblig2ragainst 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.
E-72
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r
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3. No suit or action shall be commenced hereunder by any Claimant:
r
(a) unless such Claimant shall have given written notice within the time limits hereinafter set forth to each of the '
Principal, the Surety and the Obligee, stating with substantial accuracy the amount claimed. Such notice
shall be served by mailing the same by registered mall to the Principal, the Surety and the Obligee, at any
place where an office is regularly maintained for the transaction of business by such persons or served in
any manner in which legal process may be served in the Province or other part of Canada in which the r
subject matter of the Contract is located. Such notice shall be given
(1) in respect of any claim for the amount or any portion thereof, required to be held back from the
Claimant by the Principal, under either the terms of the Claimant's contract with the Principal, or
under the Mechanics' Liens Legislation applicable to the Claimant's contract with the Principal,
whichever is the greater, within one hundred and twenty (120) days after such Claimant should
have been paid in full under the Claimant's contract with the Principal;
(2) in respect of any claim other than for the holdback, or portion thereof, referred to above, within ,
one hundred and twenty (120) days after the date upon which such Claimant did, or performed,
the last of the work or labour or furnished the last of the materials for which such claim is made,
under the Claimant's contract with the 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 District of Canada in which the subject ,
matter of the Contract, or any part thereof, is situated and not elsewhere, and the parties hereto agree to
submit to the jurisdiction of such Court.
4. The Surety agrees not to take advantage of Article 1959 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,
hypothecs and privileges of Said Claimant.
5. Any material change In the contract between the Principal and the Obligee shall not prejudice the rights or interest of r
any Claimant under this Bond,who is not Instrumental in bringing about or has not caused such change.
6. The amount of this Bond shall be reduced by, and to the extent of any payment or payments made in good '
faith, and in accordance with the provisions hereof, inclusive of the payment by the Surety of Mechanics' Liens
which may be filed of record against the subject matter of the Contract, whether or not claim for the amount
of such lien be presented under and against this Bond.
7. The Surety shall not be liable for a greater sum than the specified penalty of this Bond. '
r
IN WITNESS WHEREOF, the Principal and Surety have Signed and Sealed this Bond this....... .................................. . '
.........1O.th....................... day of......December..... ............ 19.9.3.....
r
SIGNED and SEALED
J. KAMSTRA LANDSCAPING LIMITED AND 716906 ONTARIO INC.
(
in the presence of l o/a KAMSTRA LANDSCAPING
l
(....By.:... ...... ....................... .............. ...... ..... .... . ... (Seal)
( Principal
( SIMCOE&ERIE GENERAL INSURANCE COMPANY
Endorsed by:ACEC CCA CCPE CSC RAIC (....By'........... . ....... i .. `: -- ................ (Seal)
. Surety
Approved by:INSURANCE BUREAU OF CANADA J.A. Sift tjl'� Attorney-in-fact
General Accident Indemnity Company
Oan f rM hWMVW AnWA.a Ca"o,d tpWd ha0•rt1"C Kruee>t
Certificate of Insurance
GENERAL ACCIDENT INDEMNITY COMPANY
Name of Insurer 191 THE WEST MALL, SUITE # 200
ETOBICbKE, ONTARIO M9C 5K8
This is to certify to: THE TOWNSHIP OF CLARINGTON that Policies of insurance as herein describe
MUNICIPALITY OF CLARINGTON have been issued to the Insured named belov
and are in force at this date.
40 TEMPERANCE STREET
BOWMANVILLE, ONTARIO
Name of insured — J. KAMSTRA LANDSCAPING LTD. , AND716906 ONTARIO LTD.., O/A KAMSTRA LANDSCAI
' Address of insured — 1460 TAUNTON ROAD EAST '
OSHAWA, ONTARIO
' location and Operations to
which this Certificate applies — LANDSCAPING/GARDENING SERVICE (INCLUDING SALE OF TOP SOIL ONLY)
' Kind of Policy Poliicy D x, i M DateY Limits of Liability
Commercial Bodily Injury and Property Damage Liability
Aggregate Limit
General Liability S 1,000,000.
' Products Each Occurrence Limit Personal Injury Limit
and/or Included& 11601508 01 ; 01 ; 95
Completed S 1,000,000. S 1,000.000.
Operations
' Excluded O Tenants' Legal Liability Limit Medical Expense Limit
S $ 10,000.
Any One Premises I Any One Person
Automobile Liability Bodily Injury and
All owned vehicles O S 1,000,000. Inclusive Limit Property Damage Combined
'Specific vehicles only O 'Describe Specific Vehicles
Standard Non-Owned IR 11601508 01 01 95
Hired vehicles O
Leased vehicles O
' Umbrella Bodily Injury and Property Damage Liability
Excess liability Aggregate Limit
S
Each Occurrence limit Retained Limit Each Occurrence
S S
Other(describe) O ADDITIONAL NAMED INSURED
O "THE REGIONAL MUNICIPALITY OF DURIIAM"
1 O
Note:
' The insurance afforded is subject to the terms, conditions and exclusions of the applicable policy. This Certificate is issued as a
matter of information only and confers no rights on the holder and imposes no liability on the Insurer. The Insurer will endeavour to
mail to the holder of this Certificate 15 days written notice of any material change in or cancellation of these policies.
but assumes no responsibility for failure to do sa
General
nay
P.
Ifata,n,:1e►ro •Aslaere CowDerq pt(p�•en�VrnCanil:l7fCl:�•;Qne01;r
Date JANUARY 18th, 1994 Fer...........r.._...................
............ ..................................
Authorized Re p resentatroe
613A8-W
' Workers' Commission 2 BLOOR STREET EAST
Compensation des aco)dents TORONTO, ONTARIO Certificate of Clearance
Boero du tntvalt MW 3C3 (416) 927-3601 Certificat d9 ddoharge
Workers' Compensation Board hereby waives he rights under Per/a prdsente, /a Commission des eccldents du travel/renonce sux
in 1 1(3) (R.S.O. 1880) of the Workers' Compensation Act to hold drolts qul Ail sont eccordds en vertu de Particle 11(9) (L.R.01 1990)
the principal named below liable for any Section 1 1(3) KS.O. 1890) de is Lot our /as ecc/dents du trevd/ et qul Poutorisent t) tenlr
' liability of the Contractor, oleo named below, for assessments and Pentrepreneur pr(ncipe/manr/onnd cl•dessous responssble pour toute
levies of the Board owing now or within 45 days from the date of this cotbet/on ou montant qua P entrepreneur, ipa/emenu mentionnd
Certificate, cl-dessous, eat ronu do varser,#is Commission, on vertu do Particle
Name and address of PRINCIPAL f 1(3) (L.R.O. 1990), lmmddletoment ou dens/es 45 Jburo su/vant/a
' Nom at adresse de L rENTRFspRENEUR PRINCIPAL de(* de ce certiflcat.
MUNIC OF CLARINGTON
' 40 TEMPERANCE ST
BOWMANVILLE, ONT
L1C 3A6
' Name arid—eddreia'of"
CONTRACTOR
Nom at adresse de L r ENTREPRENEUR
' KAMSTRA LANDSCAPING
J KAMSTRA LANDSCAPING
' LIMITED
R R 5
OSHAWA ON
L1H 8L7
Account No./ NO de compte Firm Nod NO d'entrepriee Effecti a Dirt ' '••
0 0'/,70�dtA.iJ�eritiEe.eve•Y
3455157 24048SEP • ,
' RatelTaux Description Rate/Teux Description
190 LANDSCAPING 681 LUMB/BUILD SUPPLY
181 FISHING/MISC FARMS
Contract Description/ Description du contrat Certificate No./NO de certiflcar
FOR REsL OF HOLDBACK 200275827
RE: ALL JOBS
Valid only when signed by an authorized Officer of the Board.
Non ve//de sons/a signature d'un reprdsentent sutorisd de la Commission.
0 180C (08/92)
I
' TENDER NO. NW93 41 TF-1
'1'l?NI)I?It FORM
For
f The Corporation of the
I, Municipality of Clarington
Community Services Department
Foster Creek Valley Trail System
TO: .. DATE: Id ov. 23 , 1993
l
1. STIPULATED LUMP SUM
' We, Kamstra Landscarinr (Name of Company)
I11,.(-0 Taunton Road I . , Oshawa , Ontario I.1111 8L7 (Address)
I' have examined the Contract Documents, Drawings and Specifications for the
Tender !/NW93-41 , Foster Creek Valley Trail System
' as set forth in the Table of Contents, List of Drawings, and Addenda number one to
inclusive to the Drawings and Specifications. We have visited the Site and examined all conditions
' affecting the work. We hereby undertake and agree to furnish all labour, materials, accessories, tools,
I plant, equipment, transportation and services for the execution and completion of the Work, including
all prime costs, allowances, Provincial Taxes, Custom Duties, Excise Taxes, GST, Freight and all other
charges in force at this date for the Stipulated Sum of:
THIRTY-FIVIs THOUSMID ---------=------------- Dollars I$ 35 , 000.00
in lawful money of Canada, as a firm price (no escalator clauses) if notified of the acceptance of this
Offer within sixty (60) days of the time set for the closing of Tenders.
' 2. BONDS
1
2.1 An agreement to Bond for a 100% "Performance Bond" and a 100% Materials and Labour Bond
is herewith attached.
' 3. PROVINCIAL SALES TAX
I3.1 As indicated, the following is the amount of Provincial Sales Tax and Goods and Services Tax
' which is included in our Stipulated Lump Sum.
I3.1.1 Provincial Sales Tax 1Iine Hundred fr. Seventy-Six ------ 976. 00 ).
Two Thousand , Two Hundred 9; �
' 3.1.2 Goods and Services Tax Fir-ht�r-Pine ------------------ 2 200 00
TENDER NO. N W 93-41 TF-2
4, PRICE BREAKDOWN SCIIEDULE
4.1 As a refinement of the total tendered lump sum price submitted by the Contractor, the following
breakdown prices, each including the costs of all labour, materials, overhead profit, etc. required
to complete each portion of the work shall be submitted. The Consultant (Owner) reserves the
right to delete specific areas from the contract in accordance with Section 0200, Instruction to
Bidders, Item 12.4.
Price Breakdown Schedule
FOSTER CREEK TRAIL SYSTEM
This Contract is Foster Creek and is comprised of two major construction types.
(A) Granular pathway construction from Highway.H2 on the north to the playground area above
Sunset Boulevard.
(B) Wood bridge with associated landscaping.
Foster Creek
IL`s &M Approx, Quantity Amoun
1.1 Site Preparation -3 2Qm ($ L, 000. 00 )
Demolition, removals, excavation
21,00-,n 5 , 600 00 1.2 Rough Grading (access ramps) -- ------- ($ 5 )
General Areas
1.3 Limestone Pathways - ooms ($ (`, 500.00 )
1.4 Bridge Construction and all ---------- 13 , 000.00 )
Associated Landscaping
TENDER NO. NW93-41 TF-3
5. UNIT PRICES
5.1 Additions to and deletions from the contract price shall be in accordance with the following
"Schedule of Work Categories" which shall be used in all cases where such unit prices are
applicable.
5.2 Unit prices as listed below shall be as indicated as either "Additions To" or "Deletions From,".
Unit prices include all labour, statutory charges, materials, accessories, tools, plant equipment,
transportation, mark-up, supervision, overhead, profit, applicable taxes and duties, and other
relative charges pertaining thereto.
SCHEDULE OF WORK CATEGORIES
Item Unit Unit Cost Additions Deletions
Measurement Supplied &
Placed
1. Excavation (granular) M' $ 11.. on $ 11". 00 $ 111'. 00
2, Limestone Screening M2 $ E�. 50 $ ��. 50 $ E�. 50
Walkways
3. Sodding M2 $ 3 . 33 $ 3 . 33 $ 3 . 33
4. Seeding M2 $ 1 . 50 $ 1 - 50 $ 1 . 50
4. Benches Each $400.00 $ 400. 00 $400- 00
6. VALUATION CHANGES
6.1 Extra charges for additions to the Work of the Contract, including charges for supervision,
overhead and profit will be made as follows:
6.1.1 For additions to the Work of the Contract performed by our own forces; the net cost of labour,
materials and equipment, including all insurances and applicable taxes and less all published trade
discounts, plus a fee of 2_%.
6.1.2 For additions to the Work of the Contract performed by a sub-contractor, the net amount of the
sub-contractor's charges, plus a fee of_ 5 %.
6.2 The net cost of labour will be the actual rates paid to workmen, plus a separate percentage of
35 % for statutory charges, which includes, but is not necessarily limited to: Vacation Pay,
Unemployment Insurance, Workmen's Compensation, Canada Pension, Public Liability and
Property Damage Insurance, Union Welfare, Small Tools.
' TENDER NO. NW93-41 TF-4
' 6.3 In the case of substitution, the net cost of the item is to be deleted and the net cost of the item
to be added, will be subtracted. If the difference is an addition, it is understood we will be
' permitted to charge the percentages set out in paragraph 6.1 above, only on the net difference.
' If the difference is a deletion, it is understood we will be permitted to submit the deletion and
retain all supervision, overhead, profit and statutory charges pertaining to the deletion. If the
' charge is a deletion due to a pure deletion from the Work of the Contract, it is understood we will
be permitted to submit the credit for the deletion and retain all supervision, overhead, profit and
statutory charges pertaining to the deletion.
' 7. SCHEDULING THE WORK
7.1 The undersigned submits that lie has examined the Drawings and Specifications, the Site of the
' Work and further submits that he has interviewed all the suppliers of materials.
7.2 Immediately upon notification of acceptance of our Tender, we shall apply ourselves to the Work
' with all diligence and place all orders for materials in such time that delays will not occur. We
tare not aware of any conditions which would delay the progress of the Work to the extent that
completion of the Work would not be affected within the below completion date.
7.3 We understand and agree that the Stipulated Sum Tender Amount includes all costs on account
' of premium time or overtime work required in order to meet the below mentioned completion
date, whether or not such work is executed by the Contractor's own work force or by his sub-
contractors.
' 8. OUR ESTIMATE OF TIME REQUIRED
8.1 To commence the Work 30 calendar days after the ward of the Contract.
8.2 To complete the Work _0 calendar days after commencing the Work.
9. CAST( ALLOWANCES
' 9.1 This Tender includes all Cash Allowances listed in the Specification and all costs, supervision,
overhead, profit, applicable taxes and duties, and other relative charges pertaining thereto.
' 10, SUBSTITUTIONS
10.1 For your consideration we enclose a list of proposed substitutions and changes to the amount of
the tender due to the use of such substitutions in place of items specified or alternatives definitely
called for. The difference in cost includes all changes to the Work of other trades if affected by
the proposed substitutions.
-
'lo substi.tuti ons
TENDER NO. NW9341 TF-5
' 11, SUB-CONTRACTORS AND SUPPLIERS
11.1 The undersigned submits below a complete list of sub-contractors and suppliers of materials on
which this Tender is based. Where the work is to be executed by our own forces we have so
' noted by inserting the word "Contractor". No changes from this list will be allowed without the
expressed written permission of the Consultant (Owner).
' 11.2 The undersigned also submits that he has consulted each of the under-mentioned sub-contractors
and suppliers, and has ascertained to his complete satisfaction that the firms named are fully
acquainted with the extent and nature of the Work involved and that all sub-contractors will
' execute the Work to conform to the requirements of the Contract Documents. (NOTE: all sub-
contractors will require 6 written reference of work completed in the last 12 months).
1 TRADE SUB-CONTRACTOR/SUPPLIER
Granular James Dick Argre gates
Benches I'aris Flayp;round Equir•ment
' ,Mood Holland Lumber
` Steel ranels Prime, Steel.
' Pl ants Kobes ilursery
i
' 12, EXECUTE CONTRACT
12.1 We agree that this Tender shall remain open for acceptance by the Owner for a period of sixty
(60) days from the time set for the closing of Tenders.
12.2 We agree to execute a contract between the Consultant (Owner) and Contractor within seven 7
days after notification of the acceptance of our Tender.
12.3 We agree, if this Tender is accepted, to furnish security in the form of a Performance Bond
approved by the Owner for 100% of the Stipulated Tender Amount, covering the faithful
' performance of the Contract including the corrections after completion, provided for in the
General Conditions, Section 0700, Article 8. (See Alternate Security TF1 2. Bonds).
TENDER NO. NW93-41 TF-6
13, GOVERNMENTAL REQUIREMENTS
13.1 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 performance of the Contractor's
obligations under the Contract.
14, ACCEPTANCE
14.1 IN WITNESS WHEREOF we have hereto set our Corporate Seal and the hands of our proper
rP P P
Officers in that behalf or his hand and seal.
At Oshawa this 23rd day of n:lovember , 1993.
�.
Signing Officers ea!
Harry Kdmstra
Witness J.fir
Carol. Ann Aiken
' TENDER NO. NW9341 TABLE OF CONTENTS
A. Cover Sheet
' B. Table of Contents
C. Contact - Technical Information
D. List of Drawings
,L1 - Overall Site Plan
' L2 - Site Plan • North Enlargement
L3 - Site Plan • South Enlargement
' L4 - Construction Details
E. Tender Form TF-1 through TF-6
F. No Soils Report
DIVISION 1
' SECTION 0100 Information to Bidders
SECTION 0200 Instructions to Bidders
SECTION 0300 General Conditions
SECTION 2200 Topsoil Stripping and Rough Grading
' SECTION 2600 Topsoil Spreading and Sodding
SECTION 2700 Planting
SECTION 2800 Carpentry
' TENDER NO. NW9341 CONTACTS
Technical Information
' Daniel O'Brien & Associates Ltd. Office: (416) 985-4466
180 Mary Street Residence: (416) 436-1818
Port Perry, Ontario
' LOB 1 NO
Daniel O'Brien
' Site Visitations
' Daniel O'Brien & Associates Ltd. Office: (416) 985-4466
180 Mary Street Residence: (416) 436-1818
Port Perry, Ontario
' LOB 1 NO
Tender Documents
Daniel O'Brien & Associates Ltd. Office: (416) 985-4466
180 Mary Street Residence: (416) 436-1818
' Port Perry, Ontario
LOB 1 NO
' TENDER NO. NW93AI LIST OF DRAWINGS PAGE I
COVER SHEET
' L1 Overall Site Plan
L2 Site Plan • North Enlargement
L3 Site Plan • South Enlargement
1A Construction Details
r
' TENDER NO. NW9341 Section 0100
Page 1
INFORMATION TO BIDDERS
1. The Tender closes at 2:00 PM, Wednesday, November 24, 1993.
' 2. Late Tenders will not be accepted.
' 3. Your Tender, together with bid deposit and performance security when required, must be
enclosed in the envelope provided and delivered to the office of the S'lerk of the Corporation of
the Municipality of Clarington. 40 Temperance Street, Bowmanville, Ontario L1C 3A6, prior to
' the closing date and time.
4. A bid deposit is required with this-Tender. Each Tender must be accompanied by a certified
' cheque made payable to the Treasurer of the Corporation of the Municipality of Clarington equal
to (10) per cent of the total Tender price (Foster Creek), and must be enclosed in the same
envelope as the total Tender.
' Total Amount of Tender Minimum Deposit Required
$ 20,000.00 or less $ 500.00
' $ 20,000.01 to $ 50,000.00 $ 1,000.00
$ 50,000.01 to $ 100,000.00 $ 2,000.00
$ 100,000.01 to $ 250,000.00 $ 9,000.00
' $ 250,000.01 to $ 500,000.00 $ 19,000.00
$ 500,000.01 to $1,000,000.00 $ 40,000.00
$1,000,000.00 to $2,000,000.00 $ 75,000.00
$2,000,000.00 and over $ 150,000.00
' Security deposits will be returned within a reasonable time to all except the low and second low
Bidders. Upon execution of the contract by the successful tenderer, the second low Bidder's
' deposit will be returned. The successful Bidder will receive his security deposit after a
satisfactory performance bond has been received and an Agreement or Contract has been signed.
' 5. A Letter of Performance j_5 required with this Tender
Performance security shall be in the amount of one hundred percent (100%) of the total Tender
amount.
6. Bidders' attention is drawn to paragraphs 10 and 11 of General Conditions regarding Workmen's
' Compensation and proof of insurance. These documents must be submitted prior to signing a
Contract or issuing a purchase order.
7. The Consultant (Owner) will not necessarily accept the lowest or any proposal.
END OF THIS SEC'T'ION
' TENDER NO. NW9341 Section 0200
Page 1
INSTRUCTIONS TO BIDDERS
1. TENDER
' 1.1 Tenders are invited for the supply of all labour, materials, equipment and service to complete the:
' FOSTER CREEK VALLETY TRAIL SYSTEM
in accordance with the Drawings and Specifications prepared by:
DANIEL O'BRIEN ASSOCIATES LTD.
' LANDSCAPE ARCHITECTS
' 1.2 Tenders for the Work will only be accepted on the Tender form provided by the Consultant
(Owner) and included herewith.
1.3 Each bid shall be construed to cover all the Work.
1.4 The Consultant (Owner) reserves the power and right to reject Tenders received from parties who
cannot show a reasonable familiarity and competence with the class of work herein specified and
' shown on the drawings. Evidence of such competency must be furnished by the Bidders upon
request.
' 1.5 Tenders containing escalator clauses will not be considered.
1.6 Bidders shall furnish all information requested on the Tender Form. When in doubt obtain the
assistance of person(s) listed under clause 2.2.2. Tender Forms shall be typewritten or in ink
without alterations or erasures. Incomplete Tenders will not be considered.
1.7 Tenders shall remain valid and subject to acceptance by the Consultant (Owner) and no
adjustments shall be made to the tendered amount for a period of up to and including sixty (60)
days from the date of closing of Tenders.
' 1.8 Tenders shall be signed in longhand by the Bidder and in the case of incorporated companies, by
its proper Officers and with the Corporate Seal affixed.
' TENDER NO. NW93AI Section 0200
Page 2
INSTRUCTIONS TO BIDDERS
' 2. TENDER
Tenders for the work, together with:
' A. Bid Deposit (See Section 0100. Article 4)
B. Letter of Agreement of Bond ( 100% ).
Shall be enclosed in the envelope provided and delivered not later than:
' 2:00 PM, Wednesday, November 24, 1993
' Addressed to: Corporation of the Municipality of Clarington
Clerk's Office
40 Temperance Street
Bowmanville, Ontario
' L1C 3A6
and plainly marked: Foster Creek Valley Trail System Development Tender H NW93-41 Phase II
2.2 Questions During Biddine
t2.2.1 Bidders finding discrepancies in, or omissions from the Drawings and Specifications or in doubt
as to the meaning and intent of any part thereof, shall contact the Landscape Architect for
clarification. If necessary, written instructions or explanations in the form of Addenda will be
sent by the Landscape Architect. Questions must be received by the Landscape Architect not less
han six (6) days before date of Tender closing.
2.2.2 The information contained in the Addenda supersedes and amends the Drawings and
Specifications. Bidders shall state on the Tender Form in the space provided the number of all
Addenda received and included by them in the preparation of the Tender. Questions arising
' during the bidding period should be addressed to:
Site Visitations Tender Information Technical Information
' Daniel O'Brien Associates Ltd. Daniel O'Brien Associates Ltd. Daniel O'Brien Associates Ltd.
180 Mary Street 180 Mary Street 180 Mary Street
' Port Perry, Ontario Port Perry, Ontario Port Perry, Ontario
LOB 1 NO LOB 1 NO LOB 1 NO
(416) 985-4466 (416) 985-4466 (416) 985-4466
2.3 Tender Documents
' 2.3.1 Drawings and Specifications used for tendering purposes shall be returned to the Landscape
Architect Office.
iTENDER NO. NW9341 Section 0200
Page 3
' INSTRUCTIONS TO BIDDERS
' 3. SCHEDULING THE WORK
' 3.1 The successful Bidder will be required to commence the Work within fourteen days of Award of
the Contract and proceed with dispatch until completion of the entire work.
3.2 It shall be understood and agreed that the Stipulated Sum Tender amount includes all costs
including premium time or overtime work or the rental of extra equipment necessary to meet the
completion date stated on the Tender Form.
' 4. COMPLETION DATE
' 4.1 The Work shall be carried to completion consistent with good construction practice and reasonable
economy.
' 4.2 The term "Completion" shall be understood to mean that the work has been completed, including
all items of Deficiency to the satisfaction of the Consultant (Owner).
' 4.3 State in the spaces provided in the Tender Form:
4.3.1 Calendar days to commence the Work after notification of Award of Contract.
' 4.3.2 Calendar days to complete the Work after commencing the work.
' 5. CONTRACT
5.1 The successful Bidder shall not commence Work, nor shall any materials be procured, until a
' formal contract has been executed by both the Contractor and the Consultant (Owner).
6. BONDS
' 6.1 An Agreement to Bond for a 100% Performance Bond issued by an approved Guarantee
Indemnity Company having office in Canada and authorized to carry on business in Ontario shall
accompany each bid from a General Contractor covering all trades.
7. TAXES
7.1 The Tender amount shall include all Federal and Provincial Sales Taxes, Excise Taxes and
Government Duties on materials required for completion of the Work of the Contract, which are
' in force at the time of signing the Agreement. Provide the Owner with all information and
documentation required in connection with tax rebates.
' TENDER NO. NW93AI Section 0200
Page 4
INSTRUCTIONS TO BIDDERS
' 7.2 If tax acts are changed after the signing of the Agreement, the amount of the Contract will be
adjusted, either more or less, in conformity therewith.
' 8. PERMITS
8.1 The Contractor shall give all necessary notices, obtain all necessary permits and licenses, pay all
fees and furnish all necessary certificates as evidence that all Work, as installed, conforms with
the laws of all governing authorities'before the final certificate of payment is issues by the
Consultant (Owner).
' 8.2 A Road Occupancy Permit must be obtained by the Contractor prior to commencing any Work
performed under a Contract resulting from this Tender.
2. LOCATION
9.1 Village of Newcastle between Highway No. 2 and Sunset Boulevard
' 10. DRAWINGS AND SPECIFICATIONS
10.1 The Drawings and Specifications hereinafter referred to shall be those listed together with such
' other working and detailed Drawings and Specifications as may be issued by the Consultant
(Owner) during the progress of the Work.
10.2 Bidders shall examine all Drawings and Specifications and fully inform themselves regarding the
requirements, conditions and limitations pertaining to the Work of the Contract and shall include
and allow for them in the preparation of their Tender.
' 10.3 Bidders shall check the set of Drawings and Specifications issued to them for tendering purposes
to ensure that they are complete and all Drawings listed in the "List of Drawings" are included
and all trades and pages listed in the "Table of Contents" are included in the Specifications.
11, EXAMINATION OF SITE
11.1 Bidders shall carefully examine site of the Work and shall investigate the nature of the Work to
be undertaken, the means of access thereto, the obstacles to be met with, the rights and interests
which may be interfered with during the performance of the Work, the extent and quantity of the
Work and all matters which are referred to in the Contract Documents, or which are necessary
for the full and proper completion of the Work and the conditions under which it will be
performed, and shall acquaint themselves with all By-laws, Acts, Ordinances, Rules, Regulations
and Codes which may affect the Work of this Contract.
' TENDER NO. NW93AI Section 0200
Page 5
INSTRUCTIONS TO BIDDERS
11.2 The levels and information shown on the Drawings are furnished in good faith by the Consultant
(Owner), but shall in no way relieve Bidders of the responsibility for ascertaining to their own
' satisfaction, the nature of all conditions at the site.
11.3 Bidders shall ascertain, from the relevant authorities, the availability of all services to the project
and without limiting the generality of the foregoing, in particular such services as power, sewers,
water supply, gas, telephone and transportation and availability of roads for traffic. Bidders shall
further ascertain what prior notice each relevant authority will require for installation of services
' to the project.
11.4 The Owner will not entertain any claim for extra work, expense and errors incurred by the
Contractor resulting from failure to comply with these conditions before tendering.
12. BASE BID TENDERS
12.1 Materials and equipment are described or named in this Specification to establish a standard of
materials and workmanship. Where manufacturer's trade names are used, the Tender Amount
' shall be based on the use of the specified materials and equipment.
12.2 Bidders may include with their lump sum Tenders alternative proposals based on the use of
alternative materials equivalent to the materials or equipment specified. For all such alternative
proposals the Bidder shall include in a letter accompanying his Tender, giving the following
information. Under no circumstance shall the bid for any alternative material or equipment be
included in the Tender Amount.
' 12.2.1 Manufacturer's name and supplier's name.
' 12.2.2 Change in price if any.
12.2.3 Reason for proposing alternative.
12.2.4 Detail description of alternative.
12.2.5 Statement that proposed equipment does not require more space than that shown on the Drawings.
The Contractor shall be responsible for any additional installation, service or power costs,
resulting from the acceptance of a substitute piece of equipment or product.
' 12.3 Under no circumstances will alternatives submitted after the closing of Tenders be considered.
12.4 The Consultant (Owner) reserves the right to accept or reject proposed alternatives as they see
' fit. A rejection by the Consultant (Owner) of the proposed alternative material is final, and the
Consultant (Owner) does not become obliged to give any reason for their action.
13. PROCEDURE AND SUPPLY OF CRITICAL MATERIALS
13.1 The Owner will not give any assistance in the procurement of materials or equipment to be used
in, and necessary for, the carrying our completion of the Work. Contractors must make their
own arrangements for the supply of materials and/or products specified or required.
' TENDER NO. NW93AI Section 0200
Page 6
INSTRUCTIONS TO BIDDERS
1 14 WORK PHASING
14.1 The Contractor shall prepare a Work Phasing Schedule prior to commencing Work in a form
acceptable to the Consultant (Owner). Schedule shall be worked out with all trades and in
accordance with the Consultant's (Owner's) requirements. The Work of this Contract shall not
' interfere nor disrupt the normal operation and running of the existing building and premises.
14.2 Adjust construction schedule regularly to reflect actual work in progress with three (3) days
notification by Consultant (Owner).
14.3 Organize and initiate site meetings-at times agreed by the Consultant (Owner) representative.
14.4 Take minutes of meetings and distribute to all present within three (3) days.
14.5 The minimum amount of disruption to the existing building and services shall be mandatory.
1
15, UNIT PRICES
' 15.1 Submit unit prices applicable to the various work as specified.
' 15.2 Unit prices shall form the basis for adjustments in connection with any additions to or deletions
from the Contract.
15.3 Unit prices shall include for all charges including labour, material, applicable taxes, overhead and
profit.
15.4 The Consultant (Owner) shall reserve the power and right to alter the Work on this Contract by
' deducting from the Contract or adding to the Contract provided the total Contract value is not
decreased or increased by more than twenty-five percent (25%).
' 15.5 The final Contract value will be based on the lump sum tendered.
10, BREAKDOWN OF PRICES
16.1 When requested, the successful Bidder shall submit a breakdown of the Tender amount as may
be required for the Consultant's (Owner's) accounting purposes.
17. ASSIGNMENT
' 17.1 The Work under this Tender covers a,project the whole of which will be executed by the General
Contractor.
' 17.2 This Contract shall be executed in full co-operation with other Contractors and sub-contractors
to obtain the best results for the whole project.
END OF SECTION
1
' TENDER NO. NW93AI Section 0300
Page 1
GENERAL CONDITIONS
1. DRAWINGS AND SPECIFICATIONS
' 1.1 In case of conflict between Drawings and Specifications, the Consultant (Owner) representative
shall determine as to which will apply on any point of conflict.
' 1.2 Maintain on site at all times, one (1) complete set of Drawings and Specifications as well as
approved change orders and instructions.
' 1.3 Clearly mark changes on all Drawings and site conditions affecting Work to be submitted to the
Consultant (Owner) at the completion of Work on site.
2 SURVEYS AND LAYOUT
2.1 Check and verify all dimensions on site and immediately report all discrepancies.
2.2 Do not start any work until layout has been approved.
1 2.3 The Contractor will establish on the site reference lines and bench marks for this Contract. The
Contractor shall set out the Work from these points providing all setting out stations and
additional bench marks required for the accurate location of all parts of the Contract. All lines
and levels may be subject to checking by the Consultant (Owner) representative and the
Contractor shall cooperate by making the Work available to such checking at suitable times as
required.
' 3. TESTING
' 3.1 N/A
' 4. SAFETY
4.1 The Contractor shall provide site and material security at his expense.
' 4.2 It is essential that the Contractor protect the public from injury around the site location.
4.3 Should the job be closed for any cause, the Contractor shall be fully responsible for protecting
the Work form inclement weather and barricading off the construction site.
4.4 The Contractor shall provide all necessary guards, rails, fences, lights, etc., required for the
1 safety of the workmen on the site and for the safety of the public who might otherwise
inadvertently suffer harm as a result of Work. Protective barriers shall be provided to minimize
intrusion and trespassing at the site locations.
' 4.5 Bidders Note: Should the provisions of the Occupational Health and Safety Act, enacted by the
Province of Ontario, apply to the services and supply of goods provided under a Contract
resulting from this Tender, a contravention of the Occupational Health and Safety Act and the
current regulations by a Contractor, sub-contractor or supplier may be considered a breach of this
Contract.
TENDER NO. NW9341 Section 0300
Page 2
GENERAL CONDITIONS
5. ACCESS AND SERVICES
' 5.1 Access to the site will be limited to Edward Street, unless written permission is received from the
Owner for other access points.
5.2 Verify on site all underground and above-ground services, whether or not shown on Drawings
and be fully responsible for locating and staking of said services on the site by the public utilities'
companies. Verify also with Owner's maintenance and operations department with respect to
Owner's services.
5.3 The Contractor is to furnish to Consultant (Owner) representative with any reasonable help which
he may require at any time in driving stakes or in checking the Work. He shall also furnish the
said parties, or any of the inspectors, at all times, with convenient means of access to all parts
of the Work, and also with all required assistance to facilitate thorough examination of the same,
and inspection, culling and removal of doubtful or defective material, and for any other purpose
required in connection with the said Works or in the discharge of their respective duties, for
which services no additional allowance will be made.
' 5.4 The Contractor shall at all times allow for access to the site by others.
' 6. PROTECTION (STRUCTURES. SERVICES AND TREES)
6.1 The Contractor shall protect all existing services and other structures from damage. Any damage
shall be repaired by the Contractor at his own expense.
6.2 The Contractor shall protect all trees from damage.
r6.3 Confine movement of heavy equipment and storage of same and materials to a predetermined
area. Do not store materials or place equipment over root system.
' 6.4 Be responsible for the installation of snow fencing, or approved equal, installed under the limits
of the crown of existing trees, unless directed otherwise. The trunks shall be protected with
approved tree guards, only when approved by the Consultant (Owner).
7. MAINTENANCE
' 7.1 At the completion of the Work, the Contractor shall clean up the site of his Work, remove all
debris, etc., all to the satisfaction of the Consultant (Owner) representative.
' 7.2 Be responsible for the protection and maintenance by whatever means necessary, of the entire
system until all project Work has been inspected, approved and accepted.
' 7.3 Be responsible for and repair, replace or otherwise remedy any damages to elements or systems
on the site until all project Work has been inspected, approved and accepted.
TENDER NO. NW93AI Section 0300
Page 3
GENERAL CONDITIONS
' 7.4 In the event that any public highways or subdivision roads outside the limits of the park have been
fouled by the Contractor, his sub-contractors or any of his trades, the said roadways shall be
cleaned immediately by the Contractor to the satisfaction of the Consultant (Owner)
representative. If, in the opinion of the Consultant (Owner) representative, such cleaning does
' not meet his requirements, he may arrange to have the cleaning done by others, the cost of which
will be deducted from monies due to the Contractor.
' 8. GUARANTEE
' 8.1 The Contractor guarantees and warrants that the said Works shall, for the period of twelve (12)
months after submitting their final completion certificate on the Contract, remain in such
conditions as will meet with the approval of the Consultant (Owner) representative and that he
will, upon being required, repair any imperfections therein, due to materials used in the
' construction thereof or workmanship.
8.2 The decision of the Consultant (Owner) representative as to the nature, extent and cause of such
' imperfections and the necessity for remedying the same shall be final. Should the Contractor fail
to comply with the directions of the Consultant (Owner) representative, the latter may, after
giving the Contractor twelve (12) hours for written notice, perform the necessary work, provided
that in the event of an emergency, of which the Consultant (Owner) representative shall be sole
judge, may forthwith without notice, perform the necessary work and the cost of such work in
either event may be deducted or collected by the Owner.
8.3 Replacement of any item, under the terms of the guarantee shall include the cost of removing and
replacing the defective item as well as all necessary refinishing work.
' 8.4 Rejected and damaged material shall immediately be removed from the site.
8.5 Repair or replacement of work which is damaged by persons other than the Contractor, his
agents, his suppliers, his staff or his sub-contractor, if, in the opinion of the Consultant (Owner)
representative the damage is NOT due to lack of workmanship, defective materials, or the lack
of protective measures; the Consultant (Owner) representative will be the sole arbiter in this
instance.
8.6 If the Consultant (Owner) representative notifies the Contractor in writing of imperfections prior
to the termination of the guaranteed maintenance period, the Contractor shall repair the
' imperfections as specified above notwithstanding that any repair work may commence after or
extend beyond the end of the guarantee period.
9. INSPECTION
' 9.1 Make all materials and shop fabricated items available for inspection by the Consultant (Owner)
representative.
9.2 Periodic inspection of the site during the construction period and during the one year guarantee
' period shall be made by the Consultant (Owner) representative.
TENDER NO. NW9341 Section 0300
Page 4
GENERAL CONDITIONS
9.3 All materials and workmanship shall be inspected by a Consultant (Owner) representative at the
end of the one year guarantee period. This shall be known as Final Inspection.
9.4 Final Inspection shall be made with the Consultant (Owner) representative and a representative
of the Contractor upon substantial completion of site works. Any deficiencies shall be noted and
repaired.
' 9.5 Replacement of any material and repair of any workmanship deemed unacceptable by the
Consultant (Owner) representative shall be required before final acceptance of the project site is
given.
' 9.6 Requests for partial acceptance may be considered and given solely at the discretion of the
Consultant (Owner).
9.7 Until final acceptance is given, the Contractor shall remain responsible for all site work yet
unfinished and for maintenance of all site features affected by his work.
10. WORKERS' COMPENSATION
' 10.1 The Contractor shall at all times pay, or cause to be paid, any assessment or compensation
required to be paid, pursuant to the Workers' Compensation Act, and upon failure to do so the
Owner may pay such assessment or compensation and deduct the amount from any payment due
to the Contractor.
' 10.2 The Contractor shall, at the time of entering into the Contract, submit a letter of good standing
from the Workers' Compensation Board that all assessments or compensation payable to the
' Workers' Compensation Board have been paid, and the Owner may, at any time during the
performance, or upon the completion of the Contract, required a further declaration that all such
assessments or compensation have been paid.
' 11, CONTRACIOR'S LIABILITY
' 11.1 The Contractor shall be responsible for all damages caused by him or his employees, agents or
any workmen or persons employed by him, or under his control, or arising from the prosecution
of the Work, or by reason of the existence or location or condition of work or any materials,
' plant or machinery used thereon or therein, or which may happen by reasons of his failure or the
failure of those for whom he is responsible, to do or perform any or all of the several acts or
things required to be done by him or them under the contract, and agrees to hold the Owner safe
and harmless from any such claims by third parties, including any legal costs incurred by the
Owner in connection therewith on a solicitor/client basis.
11.2 If the Tender is accepted, the Contractor will be required to furnish security for the performance
' of the Contract, letter of good standing from The Workers' Compensation Board, a copy of
insurance policy and to execute any agreement required to implement the terms of the Tender
within seven (7) days of being notified and to do so.
' TENDER NO. NW9341 Section 0300
Page 5
GENERAL CONDITIONS
11.3 in the event that the Tender is accepted within the time provided and the tenderer's failure to
fulfill any of the requirements in the immediately preceding paragraph, or, in the event of any
proported withdrawal of the Tender within the time limit set forth, the damages sustained by the
Owner as a result of the tenderer's default, shall be assessed as being the difference between the
amount of this Tender and the estimated cost to the Owner of having the work done and materials
supplied by any other means the Owner judges appropriate.
' 11.4 The Owner shall have the right to retain, out of any monies payable by the Owner to the
Contractor under this Contract, the total amount from time to time outstanding of all damage
claims by third parties arising out of this Contract which have not been settled by the Contractor
' or his insurers. For the purposes of this paragraph, a claim has been settled if a payment has
been made to and accepted by the claimant and a complete release obtained from him, or if the
claim has been fully investigated and a complete denial of liability has been made to the claimant.
' 12. INSURANCE
' 12.1 Notwithstanding the provisions of sub-paragraphs 11.1 and 11.2 of paragraph 11 above, and in
addition thereto, the Contractor shall provide and maintain at his own expense a policy of
insurance issued by an insurance company incorporated or licensed to conduct insurance business
' in the Province Ontario during the entire period of the Contract.
12.2 Said policy of insurance shall be in a form satisfactory to the Owner and shall insure the
Contractor, his employees, agents or any workmen or persons employed by him or under his
' control, in the amount of not less than Million Dollars ($ ) against liability for
damages resulting from injuries or death occasioned by an accident arising out of the contracting
operations.
' 12.3 Satisfactory evidence of said policy of insurance shall be filed by the successful Bidder, and is
shall contain a rider including the Owner as a co-insured under the said policy of insurance.
' 12.4 A deductible clause may be included in the said policy of insurance up to a maximum amount of
($ ) for each and every claim. The Contractor will be responsible for
any loss or losses within the deductible limit.
' 13. PAYMENTS
' 13.1 Payment for work done or materials supplied shall not become due until such work or materials
have been approved by the,Owner.
' 13.2 Holdback equal to 10% of the value of Work performed, shall be retained until the expiry of
forty-five (45) days from the date of publication of the "Certificate of Substantial Performance".
Final payment will be made subject also to the provision of the following:
i) A declaration sworn before a Commissioner, Justice of the Peace, etc.,
shall be provided by the Contractor stating that all debts contracted during
the performance and in conjunction with this Contract have been
' discharged whether such debts were contracted by the Contractor or his
employees.
t
TENDER NO. NW9341 Section 0300
Page 6
GENERAL CONDITIONS
i
13. PAYMENTS Continued
13.2 ii) A certificate from the Workmen's Compensation Board shall be provided
indicating that all payments by the Contractor to the Board, in conjunction
with this Contract have been made and that the Owner will not be liable
' to the Board for future payments in connection with this Contract.
iii) Two copies of a form of release signed by each property owner, upon
' whose land the Contractor has entered for any purpose in conjunction with
the Contract, shall be provided by the Contractor, as described elsewhere
in the Special Provisions.
' iv) For tax rebate claims by the Authority, copies of all invoices for materials
supplied by the Contractor and permanently incorporated in the Work, to
include material costs and tax amounts paid.
' v) A statement defining the status of all damage or other claims received by
the Contractor, resulting from the Work.
13.3 The provisions of the Construction Lien Act (1983) shall apply to this Contract. Upon written
instructions of the Owner, the Contractor shall be responsible for placing the "Certificate of
Substantial Performance" in the Construction Trade Newspaper.
' END OF SECTION
r
r TOPSOIL STRIPPING Section 2200
AND ROUGH GRADING Page 1
' TENDER NO. NW9341 GENERAL SPECIFICATIONS
1 SITE PREPARATION
' (a) The Consultant (Owner) will set outline and grade stakes one time only and prepare a grade sheet
setting out the cut or fill deviation for the centre line of the work.
(b) The Contractor shall inspect the work and the grade sheets supplied to him and report any errors
or deviations to the Consultant (Owner) representative. The Contractor shall protect at all times
' the grade stakes and reference points and shall be responsible for replacing damaged points.
(c) Layout is to be inspected by the Consultant (Owner) representative for his approval.
r2. TOPSOIL STRIPPING
' (a) Prior to any excavation, filling or grading on the site, the Contractor shall have removed all
topsoil, vegetable and other organic matter from all areas where grading takes place, including
the removal of trees as shown on the drawings, or in specifications.
' (b) Topsoil stripping shall not be carried out to its fullest extent where he roots of existing trees to
be retained on the site are affected. In all cases where this is of concern, topsoil stripping shall
r be suspended until the Consultant (Owner) representative has been informed of such a situation
and after inspection, renders his direction.
(c) On completion of topsoil stripping the Contractor shall neatly shape topsoil stockpiles to drain.
r (d) The Consultant (Owner) representative shall inspect the topsoil to determine its possible stockpiles
to drain.
r (e) All topsoil determined by the Consultant (Owner) representative to be inappropriate for use on
the site shall be disposed of off-site.
' 3. ROUGH GRADING
' (a) Grading shall be done by excavating or filling, as required to achieve the level of the final surface
as shown on plans and details.
' (b) Establish uniform slopes between points for which finished grades are shown on drawings.
(c) Blend smoothly and flush with existing grades.
r (d) Establish smoothly rounded grades at top and toe of slopes and banks.
(e) Do not grade when soil is wet or muddy.
r (f) The site shall be left at all times in such a way that flooding, ponding or puddling of the subgrade
will not occur. If necessary and when directed, the Contractor shall provide temporary relief
' swales or ditches at no expense to the Owner.
r
' TOPSOIL STRIPPING Section 2200
AND ROUGH GRADING Page 2
' TENDER NO. NW93AI GENERAL SPECIFICATIONS
' 4. EXCAVATION
(a) Excavate to minimum specified depths as indicated on details and/or drawings.
(b) Scarify sub-grade to a minimum depth of 150 mm before placing other materials thereon.
Remove any soft or unstable areas and backfill with approved fill.
' (c) Excavation shall not be carried out to its fullest extent where the roots of existing trees are
adversely affected. In such cases, the Consultant (Owner) representative shall immediately be
informed, and shall render the final decision.
(d) Sub-grade under planting and sodding areas shall be uniformly and adequately compacted to a
minimum 85% to standard Proctor Density (dry).
5. FILL
(a) Where required, supply and place clean sand fill, approved by the Consultant (Owner)
representative.
' (b) Use excavated material from the site only when approved by the Consultant (Owner)
representative.
' (c) Fill sections shall be constructed of stable soils free of vegetable materials, large stone or debris
and shall be compacted in layers not exceeding 230 mm in depth.
' (d) Under areas to be paved, fill layers shall be compacted to a 95% maximum dry density as
determined by the Standard Proctor Test.
(e) Under planted or sodded areas, fill layers shall be compacted to a 90% maximum dry density as
determined by the Standard Proctor Test.
(f) When required and directed by the Consultant (Owner) representative, the Contractor shall
' sprinkle each layer of fill with water during compaction, at his own expense.
6. MAINTENANCE
(a) As part of his maintenance programme the Contractor shall be required to keep site areas, path
' subgrades and ditches, etc. shaped sufficiently well to allow continuous and complete drainage
of the subgrades and site during the progress of the work. The Contractor is to ensure that at no
time will water drain on the adjacent properties.
' (b) The Contractor shall, if required, install at his own expense, temporary culverts, ditches,
waterways, etc. as may be required to allow for complete and continuous drainage of the site
during and after grading operation.
1
' TOPSOIL STRIPPING Section 2200
AND ROUGH GRADING Page 3
' TENDER NO. NW93AI GENERAL SPECIFICATIONS
6. MAINTENANCE (Cont'd)
(c) Protect excavations from caving in by shoring or bracing in strict accordance with applicable
regulations.
(d) Erect protective barriers and warning signs in accordance with regulations or as directed.
t
' END OF THIS SECTION
' TOPSOIL SPREADING AND SODDING Section 2600
Page 1
TENDER NO. NW9341 GENERAL SPECIFICATIONS
1. TOPSOIL
(a) Topsoil shall be supplied by the Contractor.
(b) All topsoil shall be fertile, friable, natural loam containing 4% minimum organic matter for clay
loams and 2% minimum organic matter for sandy loams with acidity range of 6.0 pH to 7.5pH
and shall be capable of sustaining vigorous plant growth. It shall.be free of any admixtures of
' subsoil, clay lumps, stones and roots over 50 mm and shall be reasonably free of weed and weed
seeds.
' (c) Topsoil stripped from the site shall not be re-used unless approved.
(d) Scarify sub-grade to at least 75 mm depth and remove debris, live weeds and stones larger than
50 mm in diameter.
' (e) Spread topsoil over area and grade evenly to a minimum depth of 150 mm below finished grade.
Remove from site stones, roots, debris, lumps, etc. and dispose.
(f) Apply commercial fertilizers at the following rate within forty-eight (48) hours before laying sod:
NOTE: Must be applied under supervision of Landscape Architect.
' 10-10-10 ® 9 kg. per 81 square meters.
Work well into soil by discing, raking and harrowing.
(g) Topsoil is to be fine graded to conform to the lines and levels shown or required. Final trimming
of grading is to be done as part of the surface treatment.
(h) Fine trim topsoil in all areas to be seeded or sodded to conform with the final grades and
contours. Produce an even and friable surface free from stones or other debris. Obtain approval
of the finished grade prior to beginning sodding operations.
2, SOD
' (a) Sod shall be certified N1 nursery sod being cultivated turf grass grown from a seed mixture of
40% Merion Bluegrass, 40% Kentucky Bluegrass (Poa Pratensis) and 20% Pennlawn Fescue.
' All sod shall be as specified under the specification of the Nursery Sod Growers Association in
the "Classification of Turf Grass of Ontario", revised January 1, 1966.
(b) At time of delivery, it shall have a strong fibrous root system, be free of stones, burns, bare spots
and any other irregularities or imperfections. It shall contain not more than 1% of any weeds.
' (c) Sod shall be handled in such a manner as to prevent breakage. Damaged or broken pieces shall
not be laid but must be removed from the site.
' (d) Lay sod within twelve (12) hours of its arrival upon the site.
TOPSOIL SPREADING AND SODDING Section 2600
Page 2
TENDER NO. NW9341 GENERAL SPECIFICATIONS
2. SOD (Cont'd)
' (e) Place sod closely knit together so that no open joint or overlapping is visible.
' (f) Sod placed on slopes steeper than 33% shall be installed with long dimension perpendicular to the
slope and anchored with wooden pegs. Pegs shall be driven flush with grade by the Contractor.
When the Consultant (Owner) representative is satisfied that the sod has become established these
' pegs may be removed.
(g) Tamp and roll area of installed sod to form a uniform surface. All final sod grades shall blend
smoothly and have a clean flush bond with adjacent surfaces.
' (h) Heavy power rollers shall not be permitted. Where light power rollers are used, the maximum
total weight allowed shall be 685 kg. Hand rollers shall have a minimum weight of 113.5 kg.
' and a maximum weight of 135 kg.
(i) Water all sodded areas immediately after sod is rolled and no longer than three (3) hours after
any sod is laid. Water shall be applied to the extent that the water penetrates at least 150 mm
through sod into topsoil.
' (j) Provide all maintenance and protection of sodded areas in accordance with the Ontario Landscape
Contractors Association Specification 17 entitled "Maintenance of Sodded Areas", until the Owner
takes over responsibility for maintenance after the first cut of the last sod laid.
' (k) All areas which at the end of the maintenance period, or one year warranty period, are not in a
healthy growing state, or have ruts or other damage will not be accepted until repairs are made
to the satisfaction of the Consultant (Owner) representative. Repairs will be made at the
' Contractor's expense and to the specifications for sodding above.
END OF THIS SECTION
' PLANTING Section 2700
Page 1
TENDER NO. NW93AI GENERAL SPECIFICATIONS
1. PLANT STOCK
' (a) Make arrangements for prior inspection and approval of representative samples of plant stock by
a Consultant (Owner) representative at source of supply and at a time mutually agreed upon.
(b) Prior approval shall not invalidate rejection of stock at later inspections should it prove defective
or damaged.
(c) Plants shall be nursery grown under similar climatic and soil conditions to project locations, and
under cultural practices recommended by the Canadian Nursery Trade Association. They shall
meet their horticultural standards for grade and quality. Supply plants in conformity to
' nomenclature of the International Code of Nomenclature for Cultivated Plants in accordance with
the approved scientific names given in the latest edition of Standardized Plant Names. Supply
plants not listed in conformity to names accepted in the nursery trade shall not be accepted.
' Supply only freshly dug plants.
(d) "Collected Plants", those dug from native stands, wood lots, orchard or neglected nurseries, and
' having received no cultural maintenance, will not be accepted by the Consultant (Owner)
representative.
(e) Plant varieties to be supplied for the project are specified in a plant list. See Landscape Plan.
' Substitutions will not be accepted without approval by the Consultant (Owner) representative.
(f) Plants larger than specified will be accepted without liability to extra charges by the Owner if
' approved by the Consultant (Owner) representative, and they meet all specified requirements for
their size.
(g) All roots shall be cleanly cut; split roots will not be accepted. Cut roots at edges of ball when
combing is not practised. Plants shall be healthy; in vigorous growth; well branched; densely
foliated in leaf; with well developed root systems; and free of disease damage, insect pests, and
' eggs or larvae.
(h) Woody stems, branches and trunks shall be free of sun-scalds, frost cracks, rodent damage,
abrasions and cuts. Old wounds shall be completely calloused over. Pruning wounds shall have
' vigorous bark growth on all edges, and all parts shall be moist and show live green cambium
tissue when cut. Coniferous plants that are dry, brittle or showing a faded green not typical of
the species will not be acceptable.
(i) Measure plants with branches in normal position, to main body of plant, not from branch tip to
branch tip or from root base to branch tip. Calliper dimension shall refer to diameter of trunk
measured 300 mm above ground in original growing state.
(j) Plants specified BIR,(bare root) on the plant list shall be moved as follows. The major portion
of fibrous root system must be provided with each plant. Immediately after digging, the root
' system shall be wrapped or puddled, and all precautions shall be taken to protect them from
drying out. All plants that cannot be planted at the time of delivery shall be heeled in and
protected from exposure to the sun and any other heat source.
' PLANTING Section 2700
Page 2
TENDER NO. NW9341 GENERAL SPECIFICATIONS
1. PLANT STOCK (Cont'd)
' (k) Plants specified B/B (balled and burlap) or S/B (string ball) on the plant list shall be moved with
root system as solid units, with balls of earth firmly wrapped with burlap. The diameter and
depth must be sufficient to encompass a fibrous and feeding root system necessary for the healthy
development of the plant. No plant shall be accepted when the ball of earth surrounding its roots
has been cracked or broken preparatory to, or during, planting or after the burlap, staves, ropes
or platform required in connection with its transplanting has been removed. All balled plants that
cannot be planted at once should be kept watered and shaded from the hot sun.
(1) The least possible time shall elapse between the digging of the tree and its final planting. The
' entire root system of all plant material shall be kept moist and at no time shall these root systems
be exposed to drying winds or air.
(m) Should temporary storage of plant material be necessary on the site, such plant material shall be
heeled in by the Contractor using good loam. Contractor shall be responsible for all necessary
watering and maintenance to preserve the stock in good condition.
' (n) Transport plants with branches tied to prevent damage, padded to avoid abrasion from equipment,
and covered with tarpaulin. Protect drying out of roots, root balls, trunks, branches and leaves
' of plants from time of removal at place of origin until they are planted. While temporarily stored
at site protect them with soil or similar materials, and keep moist.
(o) Spray plant materials with an approved anti-desiccant immediately before moving them from their
original location. Apply a sufficient amount over trunk, branches and foliage. Plants may be
resprayed after planting.
' 2. INSTALLATION
' (a) Installation shall be done under appropriate weather conditions and in suitable growth session for
each specified material.
(b) Stake locations of plant pits and outline of planting beds for approval before excavation. The
location of trees and planting areas where shown on drawings is approximate only and may
require adjustment. Adjustment should be made only with approval by a Consultant (Owner)
representative.
i (c) Excavate plant pits to allow at least 150 mm of planting soil under root balls.
Remove rock, existing and abandoned construction work, or similar obstructions to 150 mm
below bottom of pit. Do not remove any obstruction encountered until approval has been given.
(d) Excavate plant pits to receive frozen root balls while soil is unfrozen, and mulch with straw to
protect from freezing until trees are planted. Prevent freezing of bottom of plant pits.
(e) Test plant pits for water percolation after they are dug.
' PLANTING Section 2700
Page 3
TENDER NO. NW9341 GENERAL SPECIFICATIONS
1. INSTALLATION (Cont'd)
(f) Ensure that further excavation and additional planting soil is provided to ensure drainage adequate
for the plant survival.
(g) Allow the following clearances around root balls of each listed diameter:
(i) For Deciduous Trees:
225 mm for 600 mm to 750 mm
300 mm for 750 mm to 1000 mm
375 mm for 1000 mm to 1150 mm
450 mm for 1150 mm to 1500 mm
600 mm for 1500 mm to 2100 mm
(ii) For Coniferous Trees:
' 300 mm for 750 mm to 1000 mm
450 mm for 1000 mm to 1200 mm
600 mm for 1200 mm to 1350 mm
(h) Set plants plumb so that after settlement has taken place they are minimum 50 mm above finished
grade.
' (i) Face plants, shrubs and trees to give best appearance when viewed from prime vantage points,
as approved. Do not plant stock that has broken or abrased trunks or branches.
' (j) For each plant, provide positive drainage away from trunk of tree to avoid pounding of water.
(k) Partially fill planting pit with planting soil. Pull away and remove burlap, rope and wire from
tops and sides, but not bottoms of root balls. Ensure that balls rest on a minimum of 150 mm
of planting soil. Do not plant stock with root balls that have been cracked or broken during
delivery, handling or planting. Backfill around roots with planting soil in 1800 mm layers. Tamp
' in place to pack firmly and to eliminate all air pockets around roots. Thoroughly water when
planting pit is half filled. When water has drained, complete backfilling and water again.
' 3. SOIL PREPARATION
' (a) Backfill planting beds and tree pits with a mix of planting soil of five *5) parts topsoil and one
(1) part manure, to which add one (1) part peat moss, one *1) pound of bonemeal for each cubic
yard of the above soil mix, and specified fertilizers in sufficient quantity to overcome chemical
' deficiencies that are revealed by soil analysis. Mix just before planting, but not when frozen or
muddy. Do not stockpile more than two (2) days.
' PLANTING Section 2700
Page 4
TENDER NO. NW93AI GENERAL SPECIFICATIONS
3. SOIL PREPARATION (Cont'd)
' (b) Topsoil:
' Friable natural loam with an acidity range from 6.0 pH to 7.5 pH; containing organic matter of
4% for clay loams, and a minimum of 2% for sandy loams; and free of stones and roots over 50
mm diameter, and subsoil, clay lumps and other solid materials.
(c) Pent Moss:
Partially decomposed, fibrous, of cellular stems and leaves of sphagnum moss varieties varying
' in texture from porous to spongy; crumbly or compact; and fairly elastic or homogenous in
texture; free of decomposed colloidal residue, wood, sulphur and iron; brown; finely shredded
with no particles over 6 mm; and with an acidity range from 5.5 pH to 6.0 pH.
' (d) Bonemeal:
' Raw, commercial, finely ground, and with a content of a minimum 4% nitrogen and 20%
phosphoric acid.
' (e) Manure:
Well-rotted, unbleached cattle manure; free from harmful chemicals and other injurious
substances, and sawdust, shavings, or similar refuse; at least eight (8) months old, but not more
' than two (2) years old; and with no more than 25% straw, leaves, or other acceptable materials
for planting use.
(f) Fertilizer:
Shall be complete commercial fertilizer 50% of the elements of which shall be derived from
' organic sources, and shall contain no less than 60% ureaformaldehyde with the following
percentages by weight of nitrogen, phosphoric acid, and potash in that order for:
Trees - 10-6-4
Shrubs - 12-6-6
' 4. PRODUCT HANDLING
(a) Label manufactured, processed or otherwise prepared materials that are packaged to indicate
' manufacturers, content, weight, and detailed description of the materials. If delivered in bulk,
submit affidavits giving information required as specified for labels and certifying that materials
meet specified requirements. Store and protect fertilizer, limestone,bonemeal, mulching material,
and similar products to prevent damage from moisture.
END OF THIS SECTION
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' CARPENTRY Section 2800
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TENDER NO. NW93AI GENERAL SPECIFICATIONS
1. WOOD
' (a) All lumber shall be CLS lumber in accordance with CSA-0411 and conform to the latest NLGA
Standard Grading Rules.
' (b) All lumber shall be selected for uniform appearance and shall be free of splits, cracks, open knots
and other similar structural defects.
' (c) Sizes detailed are nominal.
(d) All lumber shall be dressed western red cedar unless detailed otherwise.
2. FITTINGS
(a) All nails, spikes, screws, nuts, washers and other required fastenings shall be heavy duty
' galvanized.
(b) Nails and spikes shall be "Ardox" with spiral shank.
' (c) Countersink all bolts,nuts, plates, anchors, etc., to be flush with wood surface.
3. FINISHING
(a) All wood work is to be finished as detailed.
' (b) The cut faces of all pressure treated lumber are to be painted with CCA based wood preservative
similar in colour to the original colour of the lumber.
4. EXECUTION
(a) Layout of work shall be inspected to the Consultant (Owner) representative's approval.
' (b) Verify all dimensions on the site before cutting and fabricating.
(c) Immediately report all discrepancies to the Consultant (Owner) representative.
(d) Erect all work plumb, and true to line and level, in accordance with drawings.
(e) Make all cuts plumb and straight to ensure a tight flush joint.
(f) Wood Preservative:
' 1. Pressure treated:
CCA - Wolmanized Koppers Company Inc.
' 2. Surface-Applied:
Pentox (Green) Osmose Pentox Inc.
' END OF THIS SECTION