HomeMy WebLinkAbout94-169
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW 94-l69
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, Phase
II.
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 24 day of October, 1994.
By-law read a third time and finally passed this 24th day of
October, 1994.
LANDSCAPE DESIGN
CONSULTATION & PROJECT MANAGEMENT
DANIEL]. O'BRIEN & ASSOCIATES LTD.
LANDSCAPE ARCIDTECTS
180 MARY STREET
PORT PERRY, ONTARIO L9L IB7
TEL: (905) 985-4466
FAX: (905) 985-8509
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THE CORPORATION OF THE
MUNICIPALITY OF CLARINGTON
COMMUNITY SERVICES DEPARTMENT
FOSTER CREEK VALLEY TRAIL SYSTEM
PHASE II
Tender No. CL94-31
September 28, 1994
Closing Date: Wednesday, September 28, 1994
Time: 2:00 PM
To: Office of the Clerk
Corporation of the Municipality
of Clarington
40 Temperance Street
Bowmanville, Ontario
LIC 3A6
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Standard Construction Document - CCDC 2 - 1982
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AGREEMENT BETWEEN OWNER AND CONTRACTOR
for use when a stipulated price forms the b..is of peyment and
to be used only with the General Conditions of the Stipulated
Price Contract.
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This Agreement made on the. . . .~~. . . . . . . . . . . . . . . . . . . . . day of. . . ~~~~. . . . . . . . . . . . . . . . 0 .
in the year nineteen hundred and. . . m~:rx ~:r:Q~. . . . . . . . . . 0 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 0
by and between
TIIE CORPORATION OF TIIE MUNICIPALITY OF CLARINGTON
....................................... ........................................................................................................................................
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hereinafter called the "Owner"
and
J. KAMSTRA LANDSCAPING LTD.
............................................................................................................................................................................. ..
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R.R. #5, OSHAWA, ONTARIO
.................................................................................................... .................................................... ........................
hereinafter called the "Contractor"
witnesses: that the parties agree as follows
ARTICLE A-' THE WORK
. The Contractor shall:
(a) perform the Work required by the Contract Documents for
FOSTER CREEK VALLEY TRAIL SYSTEM
(insert here the title of the Work and the Projec tJ
PHASE II
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h. h h b . db hOd hO h db DANIEL J O'BRIEN ASSOCIATES
w IC ave een slgne y t e parties, an W IC were prepare y.... . . . . . . . . .'. . . . 0 . . . . 0 . . 0 . . 0 . 0 0
~~~ . . 0 . . . . . . . . . 0 . . . . . . . . . . . . 0 . . . . . . . . . . . . . acting as and hereinafter called the "Consultant" and
(b) do and fulfill everything indicated by this Agreement, and
(c) commence the Work by the. . .1.~W. . . day of . . . . . ~O.~~. . . . . . . . . . . 19. 9~. and attain Substantial
Performance of the Work, as certified by the Consultant, by the. . :nS1: ',' . day of . . PE~~W. . . . . . . 0 . .
19.9~" WEATHER CONDITIONS PERMITTING.
ceDe 2 - 1982 File 00510
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ARTICLE A-2 CONTRACT DOCUMENTS
The following is an exact list of the Contract Documents referred to in Article A-' 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 if 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.)
* ITEM 1. 5 FOR 4 BENCHES CHANGED TO (2) BENCHES.
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CCDC2 - 1982 FileOO510
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ARTICLE A-3 CONTRACT PRICE
The Contract Price is. . ~-:~C? ~9P~~ '. . ~~. ~IW? .~. ?;rX1X-:~~. . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . dollars
($ ~? 1 ??~ ~.qO. . . . . . . . . . . . . . . ) 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 holdbacls...P-ercentages and, where such legislation 8r regula-
tions do not exist or apply, subject to a holdback of TM percent ( 1 %1.
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
(3) upon Total Performance of the Work as certified by the Consultant pay to the Contractor the unpaid
balance of the Contract Price then due.
(b) 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 TWO + PRIME percent ( 2 % )per
annum on such unpaid amounts shall also become due and payable until payment. Such interest shall be
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.
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ARTICLE A-6 RECEIPT OF AND ADDRESSES FOR NOTICES
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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 jf 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
adaressed as follows:
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The Owner at. .. ~ .GQ~~~f~9.N: .q~ .~.~.C.~~~rIT. <If. ~~~~9~9~......................
street and number and postal box number if applicable
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Aq.~~~~~~~~.....~~~~................~~~.~49.........................
post office or district, province, postal code
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KAMSTRA LANDSCAPING
The Contractor at . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . .
street and number and postal box number if applicable
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R.R. #5, OSHAWA
L1H 8L7
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post office or district, province, postal coda
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The Consultant at
DANIEL J. 0' BRIEN ASSOCIATES LTD.
............................ ..............................................
street and number and postal box number if applicable
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180 MARY STREET, PORT PERRY L9L 1B7
.......................................... ..............................................
post office or district, province, postal code
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ARTICLE A-7 LAW OF THE CONTRACT
The law of the Place of the Work shall govern the interpretation of the Contract.
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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 . = language shall
prevail.
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This Agreement is drawn in English at the request of all parties hereto; ce marche est redige en anglais a la
demande de toutes les parties.
.Complete this statement by striking out inapplicable term if the Contract Documents have been prepared and
issued in both official/anguages of Canada.
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ceDe 2 - 1982 File 00510
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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
.H'U./I.~I PIl~/,T..Y. . fJ.F. .aI1KI.1/.f TC!II/. . . .
lHfffIe
__. . . . . . . . . . ,-"t. . . . . . . . . .. ............ .
signature
t1/:1.It.~, . . !'11l1(J1: . . . . . . . . .
name and title
CONTRACTOR
. t<A.~S1re.fl.. . ~1!.~.7?~~IJ.P/~.~ ... . ...
name
.. .................... .... .... ..........
. ...... ......... .... ....................
signature
name and title
...... ................
................................. .
nature
. JflHE.S.. .I(".Ms,rJ( It ".fiR.r.A).~te..
name and title
......................................... .
witness
......................................... .
name and title
... t. .c... ra.. .(~..........
witness
. .(11i~.'.4. .Il,.;/.). .fl,.JclE~/' .5~~~.~r~.::J.
name and title
N.S. 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 Agreeme'1t, should be attached.
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E 16105/931
~ Simcoe
~ Erie Group
BURLINGTON, ONTARIO
s
TO:
THE CORPORATION OF THE MUNICIPALITY
OF CLARINGTON,
40 TEMPERENCE STREET,
BOWMANVILLE, ONTARIO
LIC 3A6
BOND NO. T-2072
AGREEMENT TO BOND
AND
CONSENT OF SURETY
The SIMCOE & ERIE GENERAL INSURANCE COMPANY, as Surety, hereby agrees to
become bound as Surety for J. KAMSTRA LANDSCAPING LIMITED. AND 716906
ONTARIO INC. OIA KAMSTRA LANDSCAPING ,as Principal
in a Performance Bond totalling 100 'Yo, and a Labour and Material Payment Bond
totalling 100 'Yo of the contract amount, on approved bond forms, and conforming
to the Instruments of Contract for the full and due performance of the works
shown and described herein should the Principal's tender for
PHASE II - FOSTER CREEK VALLEY - INSTALL BIKE PATH
AND LANDSCAPING OF SURROUNDING AREA
be accepted and a written contract entered into.
It is a condition of this Agreement and Consent that application for said Bond (or
Bonds) must be made to the Surety within (6C ) days from the closing of tender
related thereto, otherwise this Agreement and Consent shall be null and void.
DATED this 26TH.
day of
SEPTEMBER
1994
SIMCOE & ERIE GENERAL INSURANCE COMPANY
J
Anorney- in - tact
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'.1...). J.....J
.... ..;.. vI'...,.,....,_...... .... .~.--
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Simcoe & Erie General Insurance Company
..., Nonh ser.i", ANd W_ Burlington, Omartcl L111 41.5
CeDe 221
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PERFORMANCE BOND :
No....'r.:-~~(:;li. .. S2J. 3"6 6l I
M.,. .., . . . ',.........,
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KNOW ALL MrN 1:1." THESE PRUENTS THAT :! ~. .~~~~:r.R;~. J..A~l?$!=!\E:~I~V, .~~t:'f:r.~~ . t-~.~.? ~P.9pf,.. 9;N:l:-1Et.J:9.
INC. O/^ K^MS1~\ LANDSCAPING I ..
. , , . . . . . . .. ... . , . . . . . . . . . , . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . .. . . . . . . . .1. . . a, Principal
!
hereinafter ,:;,II,.d II..: PlincipaJ, ..nd SIMCOE & ERIE GENERAllNSUFlANCE COMPANY
a corporation CWriWc1 and existin!) und~r the jaws of the Province of 0 ntario
~nd duly aUlh"" ,~d 'e) tran$act th~ businelS of Suretnhip in . . . . . T~.E .PRO)T.!)fCE. OJ. .Otrrt-1UO. . . . . . .
as Surety. h~II'Hi."!("1 ":tIled thQ SUrtllY. are h.ld and firmlv bound unto. . . . .. . . . . .. . .. ... . . . . . . . .. . . . . r . . . . . . . . . ..
tHE CCRI-'O!l,ATTON OF THE MUNICIPALITY OF CLARINGTON ;.
. . . , . . . . . . . . . . . . . . . , , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . , . . . . . . . . . . . . . . . . . . . 'j' . . as Oblrg~e
hereill~her c.II"" (II" ()blill'''', in th~ amOunt of .. .-.-:-:-TWEJUY,:"F'D.UR. . . .THOUSAND, .. . XHiEF.. . . .lfUNDRa:D. . . .AND. .
I
. . F.IFTY~'::; T.;< --.-.-:..,.,.":",......,~...,..'"'......,....,.......,.E l/.lI)O...,..,....~......,..,.....-,......... Dollars ($ .,4. :3.5.6., 61 ;-:-.-:-:-~:-~.-:-::-~:--.I
lawl~1 rT.oney -:Ii i. ""'l'~~, lor tile p"'jlmenl Or whletl ~'Jm. wl)li and Irul~. to b9 madr,. the PrtnClpel"nd mll Surely bin.;! tII.meelvIJ3. tno" ne,,!;.
e)O,~c'lt/)'~. ~ami'i';lr,.10'~, ",Iccessor, and e~",i9na. joir,lIy and aeliorally. firmly by Ihest pre8llftl&. :
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WHEREAS. t!II' I'I'j')<:'I",1 has ~ntered into a writterl contr~ct with the Obligee. dllted the. , ..... , . . . . . . . . .. .1. . .., . . . . .., .
PHASE II - rOSTER C~EEK VALLEY - INSTALL BIKE
day of. . . . . . . .. . . . . . . . . . . . . . . 19. . . . . .. fe. . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " . . . . . . . . . . . .
PATH AND LANDSCAPING OF SURROUNDI~G AltEA.
.........,... ..... ...... ,....,........................ ......... .............. ....... ..j........ ....
. . . .. ...............................,.................... I . . . . . . . . . . . . . . . . . . . . ~ . -. . I . . . . . . . .
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...... ..... ....... ....... ..... ... ........ ..... ......... ... ....,.. ....... .j........ ....
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in llccortlen<;c w, 1\1 the Cuntract Df)cum~nU 5ubmitted lh~refot whlt.h al'e by ref~tence madl) Ilart hereof and are h.reina(I~r
referr9d to ~~ th" Cantr .~e:l. i
NOW. THERHURE, T~E CONDITION OF T~IS OBLlGA'rION ;$ such \hit if lilt PrinCipel 511,<1 prorl'lptly and
laithfully perf", '" the Contract then th!1 oblig~tion $h~lI be l'Iull and void; otherwise it shall nlmain in full ~orcll and
affect. i
Wllemrver tho p, ,""'pal ~11;l1f be. and decl.lred bl' th~ Obl,gl:C to b~. in defalllt under Ihe Contrllct. the Oblig~ kav,ng
performeO Il'Ie OI.i'!1'!C"5 obligations thllreund.r. Ihe Synrty may promptly remedy the defaylt. or Shall promptly;
(J I compiet~ III" C;ontr,ct in accordance with Its lerrT>S and conditions or !
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(:./1 obtaill II bid Or bids for IlIbmiuiOtl to tne Obliget lor completing the Centract in ,u:cordance with itS terms end
condit:o~~. '1110 upon dttermlnllt;on by the Obllgce and lh. Surety of the lOwest responsibl", bidder. .rrange tor
a COr""~':l l"le'",..en such bidder ..nd th. Obligev and make available as Vlrork progrrses (even thoJgh there
shoul(\ b'i ~ d"'ault. or a succe~;on of defaulU. undet the contracl or COntracts of eomolelion. an'ng8d und9r
this p~"t9rapt\) sufficiem funds to pay the CO~I of corncletion J(t$s tn. balallce of the COl'ltract prlco; but nol
elu:ee<JI"!1. i'\'~'''ding other co.ts and dimages for which the Surety may be liable "'erl!Llnder. tht amoul'\t set
forth HI th~ Illst Plr~graph herl:of. The Illrm "balance of the Contr.ct price," as ...nd ill t"is par&9raph. $h~lt
mean lh~ t"t~1 amounl payable by the Oblig~ to the Principal uncler the Contract. less the am()l.lnt prOlMrly
p~id by th~ Ohllg9tl to lh. Prrnerllal. .
Any $Uit unde, t~., aond must be instituted beloTe tile up,rlltion of twD (2) Vellrs I,om tl\a datt on which fin~1
pavm9nt under 111" Ccnt,ar.t falls dlle.
Tht Surety shall rmt be I;"ble for a greater $um thll'1 Ihe 'pec:ified penalty 01 this Bond.
ND right of 'ttic." "h.,II aCCfut on this Bond, to or (<>r the I,IS8 of. any ller&On or corporetion other than the, Obligee
named h"'9;n. Qr '''02 "~"&, 9Xet:utors, .aminis1r.tors or $Ur.;ceuors of the Obligee. I
1101 WITNess WH~H. ,Jr. 1M r'ril1l;ipal an,j S~rel1 h;ava 5igll.,,1 anQ S.,,,'ed this Bond lhl~ ..
. 2nd . .. .. . .
SIGNED am.! SeAL r'
In Ihe ~~e!lenc:;e 01
....O:1yOI....." lio.vember. ..19.9,4..."
J. KAMStRA LANDSCA~It.v A'v 716'06 O',ARIO INC.
L:~;~"r::C G ~\.;::. . /S"'I
( PrinCipal '_' . .. " ~ \
( 51 Ii: .. E"E GeNERAL, INSURANCE COMPANY
(
is;,~; J. A~;~-faet ....../Sw,
Em;trH'O 1:1" AoCEC C(':A .-;~'.r'l .:;r: ~/~1t..:
")".:I'/IIdl:l>'; lNSlJ'-..,..CE fit IL'l /.:,1 Cr (;.\~AC"
E \8 \":91)
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E-72
09: 15
1S1'dUbOL,j<ilOt;!
\..< L...f\.J. \ . . ~ -.' .. -... - .
~
Simcoe & Erie General Insurance Company
648 NQt11l s..vtce Raood W-. lI11rtl"lllon, 0....119 L'7R 4LS
ceDe 222
LA80UR AND ~ATERIAL PAYMEtlJ' BOND i
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s .2~,.~?~...~.1......"...~. .............
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Note; 'this 80nd i5 issued slmlllUMOlIllV with IInathe, 80nd in fllVOUr of the Obligee condilionlld lot the hill and
faithful Ptrform.nce of tn. ContrlCt. I
KNOW ALL MEN 8v THEsE PRiSENTSTHAT.. ..~.:..~~~~~A .!-:~~r.~9.'~~;~~..~.~,~~~~ ..~~;.~.,~ ~.~~~~...... .......
iJNTARIO INC. 0/ ^ KAMSTRA LANDSCAPING :
. . .. , . . . . . .. ......".........................., .................."....... .... ....."............."....... f . as PrJIlCi~J
!
h,,'einafter callr.d the P,incipill, Md SIMCOE a. IRIE GENERAL INSURANCE COMPANV !
i corporltion creilted llnd existing under the 1111"1 of tIN Provinc;e of Ontilrio i
. . .. THE PROVINCE OF ONT.IIR.:i:O !
ar\d dlllv .urhQ'Ized 10 U.n~act tile bllllneu of Surely-lhllJ In .. . . .. '.' . . . . . . . . . . . . " .............. ...........
.. Surety, htreina't.r called tire St".tv Ire. S"b;.ct to tlt4 condilions t"".IMfter contained, held and fi'mly b411rtd unto
. \
THE CORPORA.~~~~'~~.';'~;" ~U~~.~~~~;;i~..~.'~~' ~.~~lNGTON'.'.....'.. .............. ,. ... .\... .......
. . . . . ..... . . . . . . .. . ....., . . . . . . . , . . . . . . ......., ..... . .. ... , . . . .. . . .. ...",...............".. T'1I11ee
""'9ill<lhe, Gillled I"" Obllll-. for lha Ult an" benllfl' af the Claimanu, thel, iIJId t!:tcll of tl1Mr hein. exec"lorsJ"dmiftjf.
ImtO/l,tuecl!sson and migm, In tl1umollnt of . . :-.-;-;l'WfJin:-1.Q~I:t. J:tiQI)!>~\ll~ /. :r:li~~..ijV~,ql\~J;I. AfjQ. . .
1.'T"T....-~Iv----------------------"ltlO,Q-----------__ 0 lie ($ "4 3~': &.11.____)
" .r:. ..., /P. ..,..........,.....,............... 1>1. . . . . . . . . . ,. . . . I . . .. 0 rt '*" JI'''y' , "I r ,'. . . . . I
nf iawflll mon..y of Canada for the payment of which sum weU..nd truly to blI mad, the Principlll .nd 1tIe Surety bind
thtms"lvel, th<:i, heirs, ",xeCUfQrI, admininraton, IIICClOs$(Jn and i1l1igns. jointly .nd Mverally, firmly by th,,, pr~aentl.
WH E R eAS, tha PrinciPII NlS en'ered into a Written cllI\tract with the Obligr... dattd the. , . . . . . . . . . . . . . . . .). . . . . ,
PRASE II - FOSTER CREEK VAT.LEY -
n"y ul . . .. . .. . .. . .... . . .. .... 1~. ., . . .. ", fot .. . ...... ,....., .... .. .. . ..... ., . . .. .. .. . . . . . .\. . . '"
. .1NSr.lI.LL.lIlKE. ~ATH. AHD. LA!:jDs.cI\PING.OF. .SURR!ltrblDL'lG.ARU..................... .t......
,
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. .. ........ .., ....... ...,... .... ....... .......... ........ ..... ....... ....... ..... ...r.....
,
....0' I..... ..... ,......... t ............... ..... ,t... ..... ,.. .0. .,. II. ..........0 ....., ......
N(l
T-9267
(TftUSTEE FORM)
whidl COnt,act Doc:uments ar. by ref,ranel! mlde II patt hereof. snd i1re her.inaftllr r,falred to ~s the Contrilct. !
NOW, THEREFORE. THE CONDITION OF THIS OIlLlGATION IS llolCh mal. il the P,ifl\;;paI shall make ~a\'inenf to all
CI.,mllnts for all lat'lQur i1nd I'I'lilterial used or rusonably required fOr use In the performance of Ihe Contrad. thl!f\ this
ot:"y"tion shall be r\U1I ar'ld void; otherwise it sn.1I ,elniin ;n fllff forc<: lIr'ld .ffecl, sl.Ibjecl. however. to ttl~ lollo....ing
condition,: \
A Cla""'i1nl for ttHI pUtC)Ose of this Bond is defined .s o,.,e having iI dirett cQnlr~et with the Prollcipal for
labour, ""'t"ill, 0' bath, used or ..asonebly req\med for U~ In the PlII'form~ncl 01 tha COl'ltrKt, l.bour al'llt
m:tterial heing conStrued to include that p.,t of Water, gas. power, lighl, h8at, oil, 91!.Olinll. teleonone ""Nlce or
re"Ul eQuipll'tl:nl directlv IPs;lliclble to Ihe Contract prov,ded tl'llt I person. lirm or eorporation ~hO rents
eQuIpment to th, Princij)aI to be wad in the P8'forma~e of the Contracl und., aCQnuact wh'eh pro~id~ !h"
all or any !)lIrt of the rent il to ~ applied towa,dl tne ~rchas.e price thereof. shill OI'lIV be a Claimant to Ine
eKienl of die IIrtIV.ili"'ll indu$trial rental vall", of SUCh equipmertt far the !)Ilriod du,irtll vvl\ich the q.ulprnent
WilS uSlOd in the e>tr'or",*nca of tl'll Contrec:t, TII. pte<tailing irlCiustrl.1 value 01 equIpment .h,11 be deierm,ned.
'''iOfar n it is pr.cti~1 10 do to, In .Cl:Ordiln(' with and in the milrtner ~OYlded lor in thl lilt"t rwised
edilion of Il'le publiCetion 01 the Ciln.,ian Construction Ass<<iation titled "Rlntal Ailles Ol'l ContraClors
Equlpm.nt" published prior tQ Ihe Ptriod during lNhich tl'le equlpn'l.nl _, uSlld in the po.rformantll of !M
Conlract. i
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:- Tn, "'mcipI' end thl Surety. nertbv joilltly anet Knrlll\! ag'ee with the Oblil" , IS TrllIte.. that ev.rV
ClaimBl'\1 who hIS rlQl been paid IS provided for under the termi of his contract with tll, I'rincilHl. b.forl 1h.
upiratioll of . period 0' nlMI" 1901 da,.. aft" tl'le dlte on wn/eh the I'll of well Cla,marlt'. work ~ I.llour
""111 do"e or performed Or m8tMill, were fu."ished by suetl Cliliment, m.v al a b'ntficiarv of the I~'t h,..in
prOYiCcd lor. sue on tl'lll Bond, prosecllte tIl. I\lit to 'inal jU(fgment for sllch lum or tums as l'I'Iay b' i!J1t1v due
to such Cl..im~"t uncler the "n'l'll of his eon tract witl'l tl'le Princ.r;\lIl-BNt.iltl!. Ixecution therlOft. Provided thll
Ir.e Obligee ;i '101 obliged 10 do 0' tilke iny ilC~, .etiD" ~-1ir.~~lnll..~~i'I\l! th.' SlIrety on b,"~lf Ilf the
Claimat1ll. or any Qf mem. to enfo,(e !tI, prOl/lSlOns of ttHs .8~.. ff-'~~ ~tlOn 0' prOCeedIng \s tall.n
",th\:' in the nil me of the Ob1ipe or by joining the Oblige!' i1$...~rtv to.l\lch'~c~ifI;. the" suCl'l aCt. ICtio"
or ~'Q<;cl!d;ng, $hall be tilken on till underllfllding and ballS {!\at tl'le Clljman.J$~..q(i1/1Y 0' tll.;m. wt'lo talc~ sucn
iGt. ACllon or Pfoceedln!l $hlll indemnify and "",e hll,mle~J~' Oblio..-aga.iMI:i1i I:Dlts. ell..rll" i11'lcl \'KOeflKl
0' liabrlilil:l incurred me, eon and i1f1Y loss or damAge re.ul:!:nv to the ObtlgC8 b.,-reaiOn tll.reof. Provid.. Slill
fu'ther 11'\". sub,etl to In~ foregOIng tllrms and !:Ond.tions. '1Je :Cl"mllnU; Of a.,y ~f them mav UK i.... name 01
1M Obligee 10 sue On and entorc. the p'ovi$iona of thi. Sond. ./';.. ".:. \
-.#. .J~.:;.:.. ... :
11/09/94 16:42 ~19056234169
l1. r:; S. 9 4 1;~ 0 9 CLAR I NGTON ...... DAN I EL 0' BR I EN r::h. ,;\1:.')
I ~PM *R H ST~ ~vv~
ENT6Y:CeNTRA~ONT 1 I 0\.10 INS. aRK::: I"~
I AR 0 BRANCH,l1- 8-94 ; 6!4.2AM GENERAL ACCIDENT'" . , 41e 57,r.l7Te4::
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l!':l ii tl:! cer;i!';, !!'I:! ~...! ,~!ICW;l'\g po~~it, h....!: ~-;~:i$..~IJ.d tly thE INuring CQn"lP,ny and ,re in 'Mifor~. a~d affect" ,
01 the d,lfl af tl",iJ cer1i',catl: a,.,d I" f.'ivout of I'lamlld ,nStt,ed. . I
J. Kamstra Landlcap1nq Ltd. and 716906 Ontario Ltd. !
o ...Kal]1st'tA Lan9SC!21na . ~ .
If the l!'$uranel I'tc..iC\ld under ''''I Ul(l POliey(l; I' alh:rllrt, tlsr:tllao ur ct'la!'!ged '" J rr"irmer U to ~fffe~ !h;~ C.rtlllClItI 0'
;n~l,Il.nct thl IMuring Company hlrfOY tq,teS r~ 91';te fi~'1 (~) t!ay~ ..witte" netlce of '\.Ieh altlfllior" tnll'ige cr ~Iy'lcel\,'lo'" ~
to:
, Tnt Munic1pllity of C'arington
. ~ Temperance street
. BO\~lnV;"e) Ontario llC 3A6
l'oUt'f
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11601508
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THE GENERAl. AO~IDENT ASSfJ/MNOE OOMPANY OF" CANAJ
CERTiFICATE OF INSURANCE
/Iohev 'T '/11\
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CC)~"'~tI"'S :o..,,'lQ
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\.iT':1;~~\tiW br
~rtlo~I\I..I~w"d
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Januaty 1,
1994 to
January L
1995
Contractors
li8ner~1
L i ab111 ty
$1,000,000
each OCCIJi"rence
$1,000,0)0
aggragah
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'PIII d~\JIYI.nl ,$ (ur,..i."'l!(1 as , MAner of t:owrtesy ."ld only as ir"crl"1ltior'l 01 tn, fact !tltt Po'le!.. hav, b'J.. COr'lCI,mentlV
;"IOlrec!. ~i :, r.ct; ;orltrilCt, fOflfer. no rii"\ 'J!)dI'lIIW peflO~ ..,d ;m~cSB 1'\0 ll!b!lit'i on t". "I'\,j':!'I~ CO~~~"Y. I
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r ".__._.1:1.......,,'.. I Oated ,r,!.
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TENDER NO. CL94-31
TABLE OF CONTENTS
E.
F.
Cover Sheet
Table of Contents
Contact - Technical Information
List of Drawings
Ll - Overall Site Plan and Construction Details
Tender Form TF-l through TF-6
No Soils Report
A.
B.
C.
D.
DIVISION 1
SECTION 0100
SECTION 0200
SECTION 0300
SECTION 2200
SECTION 2600
Information to Bidders
Instructions to Bidders
General Conditions
Topsoil Stripping and Rough Grading
Topsoil Spreading and Sodding
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TENDER NO. CL94-31 CONTACfS
Technical Information
Daniel O'Brien & Associates Ltd.
180 Mary Street
Port Perry, Ontario
LOB INO
Office: (905) 985-4466
Residence: (905) 436-1818
Daniel O'Brien
Site Visitations
Daniel O'Brien & Associates Ltd.
180 Mary Street
Port Perry, Ontario
LOB INO
Office: (905) 985-4466
Residence: (905) 436-1818
Tender Documents
Daniel O'Brien & Associates Ltd.
180 Mary Street
Port Perry, Ontario
LOB INO
Office: (905) 985-4466
Residence: (905) 436-1818
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TENDER NO. CL94-31
LIST OF DRAWINGS
PAGE 1
COVER SHEET
Ll Overall Site Plan and Construction Details
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TENDER NO. CL94~31
TF-l
TENDER FORM
For
The Corporation of the
Municipality of Clarington
Community Services Department
Foster Creek Valley Trail System
Phase II
TO: DATE: Sept. 27191.:.
1. STIPULATED LUMP SUM
We,
Kamstra Landsca~ing
(Name of Company)
1460 Taunton Road E., OShawa, Ontario LIE 8L7
(Address)
. have examined the Contract Documents, Drawings and Specifications for the
Foster Creek Valley Trail Syste~, rnase II
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,
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:
TTllEHTY-FIVE THOUSAND, SEVEn HTJ:"fDRED (t;
"';;'IFTY ~.T:r"rH' D II ($ 25 7t::o on )
J.' . -,.l.J..i,..... -----------------------------_____ 0 ars , ..I," v ,
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
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
3.1 As indicated, the following is the amount of Provincial Sales Tax and Goods and Services Tax
which is included in our Stipulated Lump Sum.
3.1.1 Provincial Sales Tax
($
).
0::2 THOUSA:~D, SIX HtrmrrED
3.1.2 Goods and Services Tax [~ ?1 F?Y -:~==n DOlLAI:S
($ 1, E -) 9 . 00 ).
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TENDER NO. CL94-31
TF-2
4. PRICE BREAKDOWN SCHEDULE
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 Foster Creek is comprised of:
(A) Granular pathway construction between Edward Street and Sunset Boulevard with associated
components.
Foster Creek
No. Item Approx. Ouantity Amount
1.1 Site Preparation ($ 5 ('00 .-.~, )
---------. , ~I . v-__'
Demolition, removals, excavation,
Tree Cutting
1.2 Rough Grading (access ramps) ---------- ($ 1,000.00 )
General Areas
r\ 5 00 ~ ~
1.3 Limestone Pathways ---------- ($ CJ, l . !"j.-I )
1.4 Topsoil Spreading ---------. ($ 4 , 000 . OC) )
Fine Grading and Sodding
1.5 Benches Supplied and Installed 4 ($ 2 '>:'\00 (1"" )
,_ .......,v
Hot
1.6 Waste Containers, S~pplied and 4 ($ . S !'ec ified)
Installed
nao ~-
1.7 Signs Supplied and Installed 4 ($ 2 , :~ . ;..;~' )
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TENDER NO. CI.94-31
TF-3
5. Ul\1T 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, supervi!)ion, overhead, profit, applicable taxes and duties, and other
relative charges pertaining thereto.
SCHEDULE OF WORK CATEGORIES
Item
Unit
Measurement
Unit Cost
Supplied &
Placed
1. Excavation (granular) M3
2. Limestone Screening M2
Walkways
.3. Sodding MZ
4. Benches Each
5. Waste Containers Each
6. Signs Each
$ 18.00
$ 2[;. . 00
$ lh 00
$ 700.00
Hot
$ Snecified
$ 500.00
...;
6. VALUATION CHANGES
Additions
Deletions
$ 18.00 $ "1.-=' t10
..L "_ . V v
$ 21;- ~ 00 $ 2L.OO
$ 1;..00 $ 4.00
$ 700. 00
]ot
$ S-:-:ecified
$ 700.00
I'Iot
$ Sr:ecified
$ 500. 00
$ 500.00 .
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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 15 %.
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 10 %.
6.2 The net cost of labour will be the actual rates paid to workmen, plus a separate percentage of
20 % 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.
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TENDER NO. CL94-31
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 he 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
are 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 20 calendar days after the ward of the Contract.
8.2 To .complete the Work 21 calendar days after commencing the Work.
9. CASH 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. .
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TENDER NO. CL94-31
TF-5
11. SUB-CONTRACfORS 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 ascertain~d 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).
TRADE
SUB-CONTRACTOR/SUPPLIER
Henderson Recreation, NOr\flCh, Ontario
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 TFl 2. Bonds).
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TENDER NO. ('1.94-31
TF-6
13. GOVERNI\'IENTAL 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 shalt 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 Sea) and the hands of our proper
Officers in that behalf or his hand and seal.
At OshavJa this
27th day of s',eptember, f9%. 1991;-
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c::{~ ~,&:: ~
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Harry ~amstra, Partner
Seal
Signing Officers
Witness
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Section 01 00
Page 1
TENDER NO. CL94-31
INFORMATION TO BIDDERS
1.
2.
3.
The Tender closes at 2:00 PM, Wednesday, September 28, 1994.
Late Tenders will not be accepted.
Your Tender, toeether with bid deposit and performance security when required, must be
enclosed in the envelope provided and delivered to the office of the Clerk of the Corporation of
the Municipality of Clarington. 40 Temperance Street. Bowmanville. Ontario Ll C 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 (to) 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
$ 20,000.01 to $ 50,000.00
$ 50,000.01 to $ 100,000.00
$ 100,000.01 to $ 250,000.00
$ 250,000.01 to $ 500,000.00
$ 500,000.01 to $1,000,000.00
$1,000,000.00 to $2,000,000.00
$2,000,000.00 and over
$ 500.00
$ 1,000.00
$ 2,000.00
$ 9,000.00
$ 19,000.00
$ 40,000.00
$ 75,000.00
$ 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 is required with this Tender or a certified cheque (see detail TF-l 2.
Bonds).
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 SECTION
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TENDER NO. CL94-31
Section 0200
Page 1
INSTRUCfIONS TO BIDDERS
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1. TENDER
1.1 Tenders are invited for the supply of all labour , materials, equipment and service to complete the:
FOSTER CREEK V ALLEY TRAIL SYSTEM
PHASE II
in accordance with the Drawings and Specifications prepared by:
DANIEL O'BRIEN ASSOCIATES LTD.
LANDSCAPE ARCHITECfS
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.
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TENDER NO. CL94-31
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, September 28, 1994
Addressed to: Corporation of the Municipality of Clarington
Clerk's Office
40 Temperance Street
Bowmanville, Ontario
Ll C 3A6
and plainly marked: Foster Creek Valley Trail System Development Tender # CL94-31 Phase II
2.2 Ouestions During Bidding
2.2.1 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. Ouestions must be received by the Landscape Architect not less
than 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.
180 Mary Street
Port Perry, Ontario
LOB INO
(905) 985-4466
Daniel O'Brien Associates Ltd.
180 Mary Street
Port Perry, Ontario
LOB INO
(905) 985-4466
Daniel O'Brien Associates Ltd.
180 Mary Street
Port Perry, Ontario
LOB 1 NO
(905) 985-4466
2.3 Tender Documents
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2.3.1 Drawings and Specifications used for tendering purposes shall be returned to the Landscape
Architect Office.
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TENDER NO. CL94-31
Section 0200
Page 3
I NSTRUCf IONS 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. CONTRACf
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.
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TENDER NO. CL94-31
Section 0200
Page 4
I NSTRUCf IONS 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.
9. LOCATION
9.1 Village of Newcastle between Edward Street 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 it) 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 fun and proper completion of the Work and the conditions under which it will be
performed, and shan acquaint themselves with all By-laws, Acts, Ordinances, Rules, Regulations
and Codes which may affect the Work of this Contract.
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TENDER NO. CL94-31
INSTRUCTIONS TO BIDDERS
Section 0200
Page 5
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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.
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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.
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TENDER NO. CL94-31
INSTRUCTIONS TO BIDDERS
Section 0200
Page 6
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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.
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.
16. 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
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TENDER NO. CL94-31
GENERAL CONDITIONS
Section 0300
Page 1
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1. DRA WINGS 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.
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
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.
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TENDER NO. CL94-3J
GENERAL CONDITIONS
Section 0300
Page 2
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.
6.3 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 shaH 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.
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TENDER NO. CL94-31
GENERAL CONDITIONS
Section 0300
Page 3
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 I}is 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.
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TENDER NO. CL94-31
GENERAL CONDITIONS
Section 0300
Page 4
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. CONTRACTOR'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.
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TENDER NO. CL94-31
GENERAL CONDITIONS
Section 0300
Page 5
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:
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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.
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TENDER NO. CL94-31
Section 0300
Page 6
GENERAL CONDITIONS
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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.
Hi) 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
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TOPSOIL STRIPPING
AND ROUGH GRADING
TENDER NO. CL94-31
Section 2200
Page 1
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.
2. 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
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.
(d) The Consultant (Owner) representative shall inspect the topsoil to determine its possible stockpiles
to drain.
(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.
(d) Establish smoothly rounded grades at top and toe of slopes and banks.
(e) Do not grade when soil is wet or muddy.
(t) 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.
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TOPSOIL STRIPPING
AND ROUGH GRADING
TENDER NO. CL94-31
Section 2200
Page 2
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)
representati ve.
(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 offill 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
sub grades 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.
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TOPSOIL STRIPPING
AND ROUGH GRADING
TENDER NO. CL94-31
Section 2200
Page 3
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.
END OF THIS SECTION
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TOPSOIL SPREADING AND SODDING
Section 2600
Page 1
TENDER NO. CL94-31
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
loarns 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 #1 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.
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TOPSOIL SPREADING AND SODDING
TENDER NO. CL94-31
GENERAL SPECIFICATIONS
Section 2600
Page 2
2. SOD (Cont'd)
(e) Place sod closely knit together so that no open joint or ov~rlapping 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.
G) Provide all maintenance and protection of sodded areas in accordance with the Ontario Landscape
Contractors Association Speci fication 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 Qne 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