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Home My WebLink About2008-069 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2008-069 Being a By-law to authorize a contract between the Corporation of the Municipality of Clarington and Melrose Paving Co. Ltd., Etobicoke, Ontario, to enter into agreement for the Sidewalk Rehabilitation, Various. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS FOLLOWS: 1. THAT the Mayor and Clerk are hereby authorized to execute, on behalf of the Corporation of the Municipality of Clarington and seal with the Corporation Seal, a contract between, Melrose Paving Co. Ltd., Etobicoke, Ontario, and said Corporation; and 2. THAT the contract attached hereto as Schedule "A" form part of this By-law. By-law read a first and second time this 21st day of April, 2008. By-law read a third time and finally passed this 21st day of April, 2008. thy, Mayor '~~ -, 1 '~ ' " ;;.~ ,\, ',> - ....~{-.:j-_._-- . ~e, Municipal Clerk },'. ( f' CORPORATION OF THE MUNICIPALITY OF CLARINGTON SIDEWALK REHABILITATION, VARIOUS LOCATIONS CONTRACT CL2008-9 MAY 2008 " . i1 CI~mglOn Municipality of Clarington EXECUTED CONTRACT -- --- -- ----_..---- - - -- ---"- (;l!lfwgron 1 AGREEMENT THIS AGREEMENT made in quadruplicate BETWEEN: MELROSE PAVING COMPANY LIMITED of the City of Etobicoke and Province of Ontario Hereinafter called the "Contractor" THE PARTY OF THE FIRST PART -and- the CORPORATION OF THE MUNICIPALITY OF CLARINGTON hereinafter called the "Purchaser" ~ , THE PARTY OF THE SECOND PART WITNESSETH, that the party of the first part, for and in consideration of the payment or payments specified in the tender for this work hereby agrees to furnish all necessary machinery, tools, equipment, supplies, labour, and other means of construction and, to the satisfaction of the Engineer, to do all the work as described hereafter, furnish all the materials except as herein otherwise specified, and to complete such works in strict accordance with the plans, specifications and tender therefore, all of which are to be read herewith and form part of this present agreement as fully and completely to all intents and purposes as though all the stipulations thereof have been embodied herein. Page 1 of 3 Pages DESCRIPTION OF THE WORK AND LIST OF DOCUMENTS Municipality of Clarington Contract No. CL2008-9, Sidewalk Rehabilitation, Various Locations. A. TENDER FORM: General Itemized Bid Bonds Schedule of Tender Data B. STANDARD TERMS AND CONDITIONS C. SCHEDULE C - CONTRACTORS SAFETY D. INSTRUCTIONS TO TENDERERS E. SPECIAL PROVISIONS - GENERAL F. SPECIAL PROVISIONS - TENDER ITEMS G. STANDARDS DRAWINGS H. STANDARD SPECIFICATIONS It shall be the Contractor's responsibility to obtain the applicable edition of the following Ontario Provincial Standard Specifications. OPSS No. Date OPSS No. Date OPSS No. Date 127 Current 314 Nov. 2004 570 Aug. 1990 128 Current 351 Nov. 2005 571 Nov. 2001 201 Nov. 2003 353 Nov. 2004 603 Mar. 1993 206 Nov. 2000 355 Nov. 2006 310 Nov. 2004 510 Nov. 2004 I. GENERAL CONDITIONS: OPS General Conditions of Contract (November 2006) All Plans and Documents referred to in the Specifications. The Contractor further agrees that he will deliver the whole of the works completed in accordance with this agreement on or before August 22, 2008. IN CONSIDERATION WHEREOF said party of the second part agrees to pay to the Contractor for all work done, the unit prices on the Tender. This agreement shall ensure to the benefit of and be binding upon the heirs, executors, administrators and assigns of the Contractor and on the heirs and successors of the Purchaser. Page 2 of 3 Pages IN WITNESS WHEREOF, the Contractor and the Purchaser have hereunto signed their names and set their seals on the day first above written. SIGNED and sealed by the Contractor: MELROSE'PAVING PANY).IMiTED. (/P :~ #/ ~ /t1iA.Af &01/)00 /( Date in the presence of 114- .,-)(. j~( . 5;(, Jh1 ) HClAj dP/)fJO'i( Date SIGNED and sealed by the Purchaser: CORPORATION OF THE MUNICIPALITY OF CLARINGTON ~m ~ Date m Ct.j ~ '6" I 2..CC.f8 : _ - . ----,- - in the presence of Date IY) ~ c9. '6 I ::LDO ~ Page 3 of 3 Pages PROJECT: AUTHORITY: CONTRACTOR ADMINISTRATOR: TENDERER: TENDERS RECEIVED BY: TENDER FOR CONTRACT NO. CL2008-9 SIDEWALK REHABILITATION, VARIOUS LOCATIONS CORPORATION OF THE MUNICIPALITY OF CLARINGTON CORPORATION OF THE MUNICIPALITY OF CLARINGTON ENGINEERING DEPARTMENT 40 TEMPERANCE STREET BOWMANVILLE, ON L 1 C 3A6 Telephone: 905-623-3379 Fax: Melrose Pavina Company Limited Name 10 Audlev Street Address (include Postal Code) Etobicoke. Ontario M8v 2x2 P: 416-255-8383 F: 416-255-6320 Telephone and Fax Numbers Joe Manaiardi Name of Person Signing Operations Manaaer Position of Person Signing Mrs. Patti Barrie, Clerk Corporation of the Municipality of Clarington Municipal Administration Centre 40 Temperance Street BOWMANVILLE, Ontario L 1C 3A6 Page 1 of 10 Pages TENDER CONTRACT NO. CL2008-9 To: The Mayor and Members of Council Corporation of the Municipality of Clarington Re: Contract CL2008-9 Sidewalk Rehabilitation, Various Locations Dear Mayor and Members of Council: The Contractor has carefully examined the Plans, Provisions, Specifications and Conditions described herein as part of the work to be done under this Contract. The Contractor understands and accepts the said Plans, Provisions, Specifications and Conditions, and, for the prices set forth in this Tender, hereby offers to furnish all machinery, tools, apparatus and others means of construction, furnish all materials, except as otherwise specified in the Contract, and to complete the work in strict accordance with said Plans, Provisions, Specifications and Conditions. The Contractor understands and accepts that the quantities shown are approximate only, and are subject to increase, decrease, or deletion entirely if found not be to required. Attached to this tender is a bid deposit in the amount specified in Clause 3 of the Instructions to Tenderers, made payable to the Authority. This cheque or bid bond shall constitute a deposit which shall be forfeited to the Authority if the successful Contractor fails to file with the Authority a 100% Performance Bond, and a 100% Labour and Material Payment bond, satisfactory to the Authority within ten (10) calendar days from the date of receipt of Notice of Acceptance of the Tender. Notifications of acceptance may be given and delivery of the form of Agreement made by prepaid post, addressed to the Contractor at the address contained in this Tender. Page 2 of 10 Pages ITEMIZED BID CONTRACT NO. CL2008-9 ITEMIZED BID CONTRACT NO. CL2008-9 In accordance with the first paragraph of this Tender, the Contractor hereby offers to complete the work specified for Contract No. CL2008-9 for the following unit prices. Spec. No. The numbers in this column refer to the applicable issue of the Ontario Provincial Standard Specifications Refers to S eciai Provisions PART 'A': BOWMANVILLE 1 310 Asphalt Restoration m2 30.00 SP a) Private Entrances 70 2,100.00 2 310 m2 SP Asphalt Walkway at Argent Park 35 30.00 1,050.00 3 314 Provisional Item' Granular 'A' for SP Sidewalk t 255 28.20 7,191.00 4 351 m2 SP Concrete in Sidewalk 965 53.80 51,917.00 5 355 m2 SP Brick Pavers 5 70.00 350.00 6 510 SP Removal of Sidewalk (All Types) m 565 11.00 6,215.00 7 510 m2 SP Removal and Salvage of Brick Pavers 5 100.00 500.00 8 510 SP Saw cut concrete curb for crossing ea. 2 175.00 350.00 9 m2 570 SP Topsoil (Imported) 1325 3.45 4,571.25 10 m2 571 SP Sod (Unstaked) 1325 4.20 5,565.00 11 SP Miscellaneous Works LS $5545 5,545.00 Total Part 'A' (Carried to Summary) 85,354.25 Page 3 of 10 Pages ITEMIZED BID CONTRACT NO. CL2008-9 In accordance with the first paragraph of this Tender, the Contractor hereby offers to complete the work specified for Contract No. CL2008-9 for the following unit prices. Spec. No. The numbers in this column refer to the applicable issue of the Ontario Provincial Standard Specifications Refers to S ecial Provisions PART 'B': ORONO 1 310 Asphalt Restoration m 105 SP a) Private Entrances 30.00 3,150.00 b) Road m 40 60.00 2,400.00 2 314 Gravel Driveway m 15 SP 24.50 367.50 3 314 (Provisional Item) t 110 SP Granular 'A' for Sidewalk 28.20 3,102.00 Re lacement 4 351 Concrete in Sidewalk m 435 SP 53.80 23,403.00 5 355 Brick Pavers m 70 SP 70.00 4,900.00 6 510 Removal of Sidewalk (All Types) m 380 SP 11.25 4,275.00 7 510 Removal and Salvage of Brick m 5 SP Pavers 100.00 500.00 8 570 SP Topsoil (Imported) m 900 3.45 3,105.00 9 571 SP Sod (Unstaked) m 900 4.20 3,780.00 10 SP Miscellaneous Works LS $3000 3,000.00 Total Part 'B' (Carried to Summary) 51,982.50 Page 4 of 10 Pages ITEMIZED BID CONTRACT NO. CL2008.9 In accordance with the first paragraph of this Tender, the Contractor hereby offers to complete the work specified for Contract No. CL2008-9 for the following unit prices. Spec. No. The numbers in this column refer to the applicable issue ofthe Ontario Provincial Standard Specifications Refers to S ecial Provisions PART 'C': CONCESSION ROAD 8 . HAYDON 1 314 Gravel Driveway m2 5 50.00 250.00 SP 2 314 Provisional Item' Granular 'A' for t 20 30.00 600.00 SP Sidewalk 3 351 Concrete in Sidewalk m2 85 55.00 4,675.00 SP 4 355 Brick Pavers in Sidewalk m2 6 100.00 600.00 SP 5 510 Removal of Sidewalk (All Types) 45 20.00 900.00 SP m 6 570 SP Topsoil (Imported) m2 150 3.45 517.50 7 571 SP Sod (Unstaked) m2 150 4.20 630.00 8 SP Miscellaneous Works LS $600 600.00 Total Part 'C' (Carried to Summary) 8,772.50 PART '0': OLD SCUGOG ROAD - ENNISKILLEN 1 310 Asphalt Restoration SP m2 40 30.50 1,200.00 a) Private Entrances 2 314 Gravel Driveway m2 8 50.00 400.00 SP 3 314 Provisional Item' Granular 'A' for t 68 28.00 1,904.00 SP Sidewalk 4 351 Concrete in Sidewalk m2 282 53.80 15,171.60 SP Page 5 of 10 Pages ITEMIZED BID CONTRACT NO. CL2008-9 In accordance with the first paragraph of this Tender, the Contractor hereby offers to complete the work specified for Contract No. CL2008-9 for the following unit prices. Spec. No. The numbers in this column refer to the applicable issue of the Ontario Provincial Standard Specifications Refers to Special Provisions SP 5 355 Brick Pavers in Sidewalk and m2 44 70.00 3,080.00 SP Private Entrances 6 510 Removal of Sidewalk and Concrete 280 11.20 3,136.00 SP Curb (All Types) m 7 570 SP Topsoil (Imported) m2 585 3.45 2,018.25 8 571 SP Sod (Unstaked) m2 585 4.20 2,457.00 9 SP Miscellaneous Works LS $3620 3,620.00 Total Part 'D' (Carried to Summary) 32,986.85 PART 'E': RUDELL ROAD - NEWCASTLE 1 314 Provisional Item Granular 'A' for SP Sidewalk t 95 28.20 2,679.00 2 314 Gravel Driveway m2 10 50.00 500.00 SP 3 351 Concrete in Sidewalk m2 405 53.80 21,789.00 SP 4 510 Saw cut concrete curb for 3 215.00 645.00 SP crossing ea. 5 570 SP Topsoil (Imported) m2 730 3.45 2,518.50 6 571 SP Sod (Unstaked) m2 730 4.20 3,066.00 7 SP Miscellaneous Works LS 2,500.0 2,500.00 0 Total Part 'E' (Carried to Summary) 33,697.50 Page 6 of 10 Pages ITEMIZED BID CONTRACT NO. CL2008.9 In accordance with the first paragraph of this Tender, the Contractor hereby offers to complete the work specified for Contract No. CL2008-9 for the following unit prices. The numbers in this column refer to the applicable issue of the Ontario Provincial Standard Specifications Refers to S ecial Provisions PART 'F': SCUGOG STREET - BOWMANVILLE 1 206 Earth Excavation and Disposal m3 400 28.50 11,400.00 SP 2 314 Provisional Item Granular 'A' for t 265 28.20 7,473.00 SP Sidewalk 3 351 Concrete in Sidewalk m2 1100 47.05 51,755.00 SP 4 510 Saw cut concrete curb for crossing 2 220.00 440.00 SP ea. 5 570 SP Topsoil (Imported) m2 3385 3.45 11,678.25 6 571 SP Sod (Unstaked) m2 3385 4.20 14,217.00 7 SP Miscellaneous Works LS $3000 3,000.00 Total Part 'F' (Carried to Summary) 99,963.25 Page 7 of 10 Pages ITEMIZED BID CONTRACT NO. CL2008-9 In accordance with the first paragraph of this Tender, the Contractor hereby offers to complete the work specified for Contract No. CL2008-9 for the following unit prices. The numbers in this column refer to the applicable issue of the Ontario Provincial Standard Specifications Refers to S ecial Provisions SUMMARY Total Part A - Bowmanville 85,354.25 Total Part B - Orono 51,982.50 Total Part C - Haydon 8,772.50 Total Part D . Enniskillen 32,986.85 Total Part E - Rudell Road, Newcastle 33,697.50 Total Part F - Scugog Street, Bowmanville 99,963.25 Total (excluding GST) 312,756.85 GST (5% of Total) 15,637.84 TOTAL TENDER AMOUNT 328,394.69 Tenderer's GST Registration No. 103629945RT0001 Page 8 of 10 Pages AGREEMENT TO BOND (to be Completed by Bonding Company) CONTRACT NO. CL2008.9 Bond No. CCDC 221-2002 & CCDC 222-2002 WE, the Undersigned, HEREBY AGREE to become bound as Surety for MELROSE PAVING CO. LTD. in a Performance Bond totalling ONE HUNDRED PERCENT (100%) of the Total Tender amount, and a Labour in a Performance Bond totalling ONE HUNDRED PERCENT (100%) of the Total Tender amount, and conforming to the Instruments of Contract attached hereto, for the full and due performance of the works shown or described herein, if the Tender for Contract No. CL2008- 9 is accepted by the Authority. IT IS A CONDITION of this Agreement that if the above mentioned Tender is accepted, application for a Performance Bond and a Labour and Material Payment Bond must be made to the Undersigned within TEN (10) DAYS of Notice of Contract Award, otherwise the Agreement shall be null and void. DATED AT this 1 ih day of March 2008. ING Insurance Company of Canada Name of Bonding Company Katherine Gill Signature of Authorized Person Signing for Bonding Company (BONDING COMPANY SEAL) Senior Surety Underwriter. Suretv Division. Toronto Position (This Form shall be completed and attached to the Tender submitted). Page 9 of 10 Pages SCHEDULE OF TENDER DATA CONTRACT NO. CL2008-9 The work specified in the Contract shall be performed in strict accordance with the following Schedule: A. TENDER FORM: General Pages 1 and 2 Itemized Bid Pages 3 to 8 Agreement to Bond Page 9 Schedule of Tender Data Page 10 B. STANDARD TERMS AND CONDITIONS Page 1 to 9 C. SCHEDULE C - CONTRACTOR SAFETY Page 1 to 8 D. INSTRUCTIONS TO TENDERERS Page 1 to 6 E. SPECIAL PROVISIONS - GENERAL Page 1 to 9 F. SPECIAL PROVISIONS - TENDER ITEMS Page 1 to 7 G. STANDARD DRAWINGS Page 1 to 12 H. STANDARD SPECIFICATIONS: It shall be the Contractor's responsibility to obtain the applicable edition of the following Ontario Provincial Standard Specifications. OPSS No. Date OPSS No. Date OPSS No. Date 127 Current 355 Nov. 2006 603 Mar. 1993 128 Current 310 Nov. 2004 201 Nov. 2003 314 Nov. 2004 206 Nov. 2000 510 Nov. 2004 351 Nov. 2005 570 Auo. 1990 353 Nov. 2004 571 Nov. 2001 I. GENERAL CONDITIONS: OPS General Conditions of Contract (November 2006) It shall be the Contractor's responsibility to obtain the Ontario Provincial Standard General Conditions of Contract, November 2006 edition. The Contractor, by this Tender, offers to complete the work of this Contract in strict accordance with the terms contained herein. The bidders certifies that it has met all of its obligations to comply with the Provincial Retail Sales Tax requirements, so that is able to do business in Ontario. Yes No By my/our signature hereunder, IIwe hereby identify this as the Schedule of Tender Data, Plans and Specifications, for Contract CL2008-9, executed by me/us bearing the date day of 2008 and we have fully read all related documents to tender data as listed above. SIGNATURE: POSITION NAME OF FIRM Melrose Pavino Comoanv Ltd. (COMPANY SEAL) Privacy leaislation Federal legislation governs the collection and use of personal information from individuals. We represent and warrant to the owner that we have obtained the CONSENT of any and all employees whose personal information we have supplied to the owner in this tender. This personal information, which includes, but is not limited to, the employees' names, education, work and project history, professional designations and qualifications. This CONSENT permits the owner to disclose this personal information to the Engineer (owner or agent) for the purpose of evaluating our bid. In the event that the tender is successful, this personal information may also be used in project administration, for contact purposes. This is Page 10 of 10 Pages to be submitted as the Tender Submission for Contract No. CL2008-9 CORPORATION OF THE MUNICIPALITY OF CLARINGTON CONTRACT NO. CL2008-9 STANDARD TERMS AND CONDITIONS STANDARD TERMS AND CONDITIONS Page 1 of 9 SUPPLEMENTARY TERMS AND CONDITIONS The Municipality of Clarington's "Standard Terms and Conditions" shall apply to this Contract except where noted below. . Clause 8 of the "Standard Terms and conditions" shall be superseded by Clause 7, "Payments" of the "Special Provisions - General" Section of the Contract. . Clause 15 of the "Standard Terms and conditions" shall be superseded by Clause 1, "Guaranteed Maintenance" of the "Special Provisions - General" Section of the Contract. . Clause 16 of the "Standard Terms and Conditions" first paragraph only is not applicable to this Contract. . Clause 23 of the "Standard Terms and Conditions" shall be superseded by Clause 6.03.02 of the OPS General Conditions of Contract (September 1999) which requires a $5,000,000.00 liability coverage. . Clause 26 of the "Standard Terms and Conditions" shall be superseded by Clause 17, "Workplace Hazardous Materials Information System (WHMIS)". STANDARD TERMS AND CONDITIONS Page 2 of9 1. DEFINITIONS Municipality - The Corporation of the Municipality of Clarington, its successors and assigns. Bidder - The person, firm or corporation submitting a bid to the Municipality. Company - The person, contractor, firm or corporation to whom the Municipality has awarded the contract, it successors and assigns. Contract - The purchase order authorizing the company to perform the work, purchase order alterations, the document and addenda, the bid, and surety. Subcontractor - A person, firm or corporation having a contract with the company for, or any part of, the work. Document - The document(s) issued by the Municipality in response to which bids are invited to perform the work in accordance with the specifications contained in the document. Bid - An offer by a Bidder in response to the document issued by the Municipality. Work - All labour, materials, products, articles, fixtures, services, supplies, and acts required to be done, furnished or performed by the company, which are subject to the Contract. 2. SUBMISSION OF BID Bid invitation shall be in accordance with the Municipality of Clarington Purchasing By-law #2006-127 and will apply for the calling, receiving, and opening of bids. The Municipality will be responsible for evaluating bids, awarding and administering the contract in accordance with the Purchasing By-law. The bid must be submitted on the form(s) and in the envelope supplied by the Municipality unless otherwise provided herein. The envelope must not be covered by any outside wrappings, I.e. courier envelopes or other coverings. The bid must be signed by a designated signing officer of the Bidder. If a joint bid is submitted, it must be signed on behalf of each of the Bidders. The bid must be legible, written in ink, or typewritten. Any form of erasure, strikeout or over-writing must be initialled by the Bidder's authorized signing officer. The bid must not be restricted by a covering letter, a statement added, or by alterations to the document unless otherwise provided herein. Failure to return the document or invitation may result in the removal of the Bidder from the Municipality's bidder's list. A bid received after the closing date and time will not be considered and will be returned, unopened. Shouid a dispute arise from the terms and conditions of any part of the contract, regarding meaning, intent or ambiguity, the decision of the Municipality shall be final. STANDARD TERMS AND CONDITIONS Page 3 019 3. CONTRACT The contract consists of the documents aforementioned. The contract and portions thereof take precedence in the order in which they are named above, notwithstanding the chronological order in which they are issued or executed. The intent of the contract is that the Company shall supply work which is fit and suitable for the Municipality's intended use and complete for a particular purpose. None of the conditions contained in the Bidder's standard or general conditions of sale shall be of any effect unless explicitly agreed to by the Municipality and specifically referred to in the purchase order. 4, CLARIFICATION OF THE DOCUMENT Any clarification of the document required by the Bidder prior to submission of its bid shall be requested through the Municipality's contact identified in the document. Any such clarification so given shall not in any way alter the document and in no case shall oral arrangements be considered. Every notice, advice or other communication pertaining thereto will be in the form of a written addendum. No officer, agent or employee 01 the Municipality is authorized to alter orally any portion 01 the document. 5. PROOF OF ABILITY The bidder may be required to show, in terms of experience and facilities, evidence of its ability, as well as that of any proposed subcontractor, to perform the work by the specified delivery date. 6. DELIVERY Unless otherwise stated, the work specified in the bid shall be delivered or completely performed by the Company as soon as possible and in any event within the period set out herein as the guaranteed period of delivery or completion after receipt of a purchase order therefore. A detailed delivery ticket or piece tally, showing the exact quantity of goods, materials, articles or equipment, shall accompany each delivery thereof. Receiving by a loreperson, storekeeper or other such receiver shall not bind the Municipality to accept the work covered thereby, or the particulars of the delivery ticket or piece tally thereof. Work shall be subject to further inspection and approval by the Municipality, The Company shall be responsible for arranging the work so that completion shall be as specified in the contract. Time shall be of the essence of the contract. 7, PRICING Prices shall be in Canadian Funds, quoted separately for each item stipulated, F.O.B. destination, Prices shall be firm for the duration of the contract. Prices bid must include all incidental costs and the Company shall be deemed to be satisfied as to the full requirements of the bid. No claims for extra work will be entertained and any additional work must be authorized in writing prior to commencement. Should the Company require more information or clarification on any point, it must be obtained prior to the submission of the bid. STANDARD TERMS AND CONDITIONS Page 4 of 9 Payment shall be full compensation for all costs related to the work, including operating and overhead costs to provide work to the satisfaction of the Municipality. All prices quoted shall include applicable customs duty, excise tax, freight, insurance, and all other charges of every kind attributable to the work. Goods and Services Tax and Provincial Saies Tax shall be extra and not shown, unless otherwise specified herein. If the Bidder intends to manufacture or fabricate any part of the work outside of Canada, it shall arrange its shipping procedures so that its agent or representative in Canada is the importer of record for customs purposes. Should any additional tax, duty or any variation in any tax or duty be imposed by the Government of Canada or the Province of Ontario become directly applicable to work specified in this document subsequent to its submission by the Bidder and before the delivery of the work covered thereby pursuant to a purchase order issued by the Municipality appropriate increase or decrease in the price of work shall be made to compensate for such changes as of the effective date thereof. 8. TERMS OF PAYMENT Where required by the Construction Lien Act appropriate monies may be held back until 60 days after the completion of the work. Payments made hereunder, including final payment shall not relieve the company from its obligations or liabilities under the contract. Acceptance by the company of the final payment shall constitute a waiver of claims by the company against the Municipality, except those previously made in writing in accordance with the contract and still unsettled. The Municipality shall have the right to withhold from any sum otherwise payable to the company such amount as may be sufficient to remedy any defect or deficiency in the work, pending correction of it. Payment may be made 30 days after delivery pursuant to the Bidder submitting an invoice, contract requirements being completed and work being deemed satisfactory. 9. PATENTS AND COPYRIGHTS The company shall, at its expense, defend all claims, actions or proceedings against the Municipality based on any allegations that the work or any part of the work constitutes an infringement of any patent, copyright or other proprietary right, and shall pay to the Municipality all costs, damages, charges and expenses, including its lawyers' fees on a solicitor and his own client basis occasioned to the Municipality by reason thereof. The company shall pay all royalties and patent license fees required for the work. If the work or any part thereof is in any action or proceeding held to constitute an infringement, the company shall forthwith either secure for the Municipality the right to continue using the work or shall at the company's expense, replace the infringing work with non-infringing work or modify it so that the work no longer infringes. 10. ALTERNATES Any opinion with regard to the use of a proposed alternate determined by the Municipality shall be final. Any bid proposing an alternate will not be considered unless otherwise specified herein. 11. EQUIVALENCY Any opinion determined by the Municipality with respect to equivaiency shall be final. STANDARD TERMS AND CONDITIONS Page 5 019 12. ASSIGNMENT AND SUBCONTRACTING The company shall not assign or subcontract the contract or any portion thereof without the prior written consent 01 the Municipality. 13. FINANCING INFORMATION REQUIRED OF THE COMPANY The Municipality is entitled to request of the Company to furnish reasonable evidence that financial arrangements have been made to fulfill the Company's obligations under the Contract. 14. LAWS AND REGULATIONS The company shall comply with relevant Federal, Provincial and Municipal statutes, regulations and by-laws pertaining to the work and its performance. The company shall be responsible for ensuring similar compliance by suppliers and subcontractors. The contract shall be governed by and interpreted in accordance with the laws of the Province of Ontario. 15. CORRECTION OF DEFECTS If at any time prior to one year after the actual delivery date or completion of the work (or specified warranty/guarantee period if longer than one year) any part of the work becomes defective or is deficient or fails due to defect in design, material or workmanship, or otherwise fails to meet the requirements of the contract, the company, upon request, shall make good every such defect, deficiency or failure without cost to the Municipality. The company shall pay all transportation costs for work both ways between the company's factory or repair depot and the point of use. 16. BID ACCEPTANCE The Municipality reserves the right to award by item, or part thereof, groups of items, or parts thereof, or all items of the bids and to award contracts to one or more bidders submitting identical bids as to price; to accept or reject any bids in whole or in part; to waive irregularities and omissions, if in so doing, the best interests of the Municipaiity will be served. No liability shall accrue to the Municipality for its decision in this regard. Bids shall be irrevocable for 90 days after the official closing time. The placing in the mail or delivery to the Bidder's shown address given in the bid of a notice of award to a bidder by the Municipality shall constitute notice of acceptance of contract by the Municipality to the extent described in the notice of award. 17. DEFAULT BY COMPANY a. If the company: commits any act of bankruptcy; or if a receiver is appointed on account of its insolvency or in respect of any of its property; or if the company makes a general assignment for the benefit of its creditors; then, in any such case, the Municipality may, without notice: terminate the contract. b. If the company: falls to comply with any request, instruction or order of the Municipality; or falls to pay its accounts; or falls to comply with or persistently disregards statutes, regulations, by-laws or directives of relevant authorities relating to the work; or fails to prosecute the work with skill and diligence; or assigns or sublets the contract or any portion thereof without the Municipality's prior written consent; or refuses to correct defective work; or is otherwise in default in carrying out its part of any of the terms, conditions and obligations of the contract, then, in any such case, the Municipality may, upon expiration of ten days from the date of written notice to the company, terminate the contract. c. Any termination of the contract by the Municipality, as aforesaid, shall be without prejudice to any other rights or remedies the Municipality may have and without incurring any liability whatsoever in respect thereto. STANDARD TERMS AND CONDITIONS Page 6 of 9 d. If the Municipality terminates the contract, it is entitled to: i) take possession of all work in progress, materials and construction equipment then at the project site (at no additional charge for the retention or use of the construction equipment), and finish the work by whatever means the Municipality may deem appropriate under the circumstances; ii) withhold any further payments to the company untii the completion of the work and the expiry of all obligations under the Correction of Defects section; iii) recover from the company loss, damage and expense incurred by the Municipality by reason of the company's default (which may be deducted from any monies due or becoming due to the company, any balance to be paid by the company to the Municipality). 18. CONTRACT CANCELLATION The Municipality shall have the right, which may be exercised from time to time, to cancel any uncompleted or unperformed portion of the work or part thereof. In the event of such cancellation, the Municipality and the Company may negotiate a settlement. The Municipality shall not be liable to the Company for loss of anticipated profit on the cancelled portion or portions of the work. 19. QUANTITiES Unless otherwise specified herein, quantities are shown as approximate, are not guaranteed to be accurate, are furnished without any liability on behalf of the Municipality and shall be used as a basis for comparison only. Payment will be by the unit complete at the bid price on actuai quantities deemed acceptable by the Municipality. 20. SAMPLES Upon request, samples must be submitted strictly in accordance with instructions. If samples are requested subsequent to opening of bids, they shall be delivered within three (3) working days fOllowing such request, unless additional time is granted. Samples must be submitted free of charge and will be returned at the bidder's expense, upon request, provided they have not been destroyed by tests, or are not required for comparison purposes. The acceptance of samples by the Municipality shall be at its sole discretion and any such acceptance shall in no way be construed to Imply relief of the company from its obligations under the contract. Samples submitted must be accompanied by current Material Safety Data Sheets (MSDS) where applicable. 21. SURETY The successful tenderer shall, if the Municipality in its absolute discretion so desires, be required to satisfy surety requirements by providing a deposit in the form of a certified cheque, bank draft or money order or other form of surety, in an amount determined by the Municipality. This surety may be heid by the Municipality until 60 days after the day on which all work covered by the contract has been completed and accepted. The surety may be returned before the 60 days have elapsed providing satisfactory evidence is provided that all liabilities incurred by the company in carrying out the work have expired or have been satisfied and that a Certificate of Clearance from the WSIB - Workplace Safety Insurance Board has been received. The company shall, if the Municipality in its absolute discretion so desires, be required to satisfy fidelity bonding requirements by providing such bonding in an amount and form determined by the Municipality. Failure to furnish required surety within two weeks from date of request thereof by the Municipality shall make the award of the Contract by the Municipality subject to withdrawal. STANDARD TERMS AND CONDITIONS Page 7 of9 22. WORKPLACE SAFETY AND INSURANCE BOARD All of the Contractor's personnel must be covered by the insurance plan under the Workplace Safety and Insurance Act, 1997, or must provide an identification number from the WSIB verifying their status as an "Independent Operator". Upon request by the Municipality, an original Letter of Good Standing from the Workplace Safety and Insurance Board shall be provided prior to the commencement of work indicating all payments by the Company to the board have been made. Prior to final payment, a Certificate of Clearance must be issued indicating all payments by the Company to the Board in conjunction with the subject Contract have been made and that the Municipality will not be liable to the Board for future payments in connection with the Company's fulfilment of the contract. Further Certificates of Clearance or other types of certificates shall be provided upon request. For Independent contractors / Owners / Operators who do not have WSIB coverage, the following shall be provided upon request by the Calling Agency: Single Independent Contractors / Owners / Operators shall provide a letter from the Workplace Safety & Insurance Board confirming independent operator status and identification number. To obtain this, contractors must complete the form "Determining worker/Independent Operator status", issued by the Workplace Safety & Insurance Board. (For more information, please contact your local Workplace Safety & Insurance Board Office and refer to this clause.) Single Independent Contractors / Owners / Operators must also provide a certificate from the Workplace Safety & Insurance Board confirming they have purchased the optional WSIB coverage. The Municipality of Clarington has the right to reject any bid it deems to provide insufficient coverage. 23. INSURANCE The company shall maintain and pay for Comprehensive General Liability insurance including premises and all operations. This insurance coverage shall be subject to limits of not less than $3,000,000.00 inclusive per occurrence for third party Bodily Injury and Property Damage or such other coverage or amount as may be requested. The policy shall include the Municipality as an additional insureds in respect of all operations performed by or on behalf of the Company. A certified copy of such policy or certificate shall be provided to the municipality prior to commencement of the work. Further certified copies shall be provided upon request. 24. LIABILITY The company agrees to defend, fully indemnify and save harmless the Municipality from all actions, suits, claims, demands, losses, costs, charges and expenses whatsoever for all damage or injury including death to any person and all damage to any property which may arise directly or indirectly by reason of a requirement of the contract, save and except for damage caused by the negligence of the Municipaiity or its employees. The Company agrees to defend, fully indemnify and save harmiess the Municipality from any and all charges, fines, penalties and costs that may be incurred or paid by the Municipality if the Municipality or any of its employees shall be made a party to any charge under the Occupational Health and Safety Act in relation to any violation of the Act arising out of this contract. 25. VISITING THE SITE The Company shall carefully examine the site and existing building and services affecting the proper execution of the work, and obtain a clear and comprehensive knowledge of the existing conditions. No claim for extra payment will be allowed for work or difficulties encountered due to conditions of the site which were visible or reasonably inferable, prior to the date of submission of Tenders. Bidders shall accept sole responsibility for any error or neglect on their part in this respect. STANDARD TERMS AND CONDITIONS Page 8 of 9 26. SAFETY The Company shall obey all Federal, Provincial and Municipal Laws, Act, 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 Company. Without limiting the generality of the foregoing, the Company shall satisfy all statutory requirements imposed by the Occupational Health and Safety Act and Regulations made thereunder, on a contractor, a Constructor and/or Employer with respect to or arising out of the performance of the Company's obiigations under this Contract. The Company shall be aware of and conform to all governing regulations including those established by the Municipality relating to employee health and safety. The Company shall keep employees and subcontractors informed of such reguiations. The Company shall provide Material Safety Data Sheets (MSDS) to the Municipaiity for any supplied Hazardous Materials. 27. UNPAID ACCOUNTS The company shall indemnify the Municipality from all claims arising out of unpaid accounts relating to the work. The Municipality shall have the right at any time to require satisfactory evidence that the work in respect of which any payment has been made or is to be made by the Municipality is free and clear of liens, attachments, claims, demands, charges or other encumbrances. 28. SUSPENSION OF WORK The Municipality may, without invalidating the contract, suspend performance by the company from time to time of any part or all of the work for such reasonable period of time as the Municipality may determine. The resumption and completion of work after the suspension shall be governed by the schedule established by the Municipality. 29. CHANGES IN THE WORK The Municipality may, without invalidating the contract, direct the Company to make changes to the work. When a change causes an increase or decrease in the work, the contract price shall be increased or decreased by the application of unit prices to the quantum of such increase or decrease, or in the absence of applicable unit prices, by an amount to be agreed upon between the Municipality and the Company. All such changes shall be in writing and approved by the Municipality. 30. CONFLICT OF INTEREST No employee or member of Council of the Municipality shall sell goods or services to the Municipality in accordance with the Municipality of Clarington Policy or have a direct or indirect interest in a Company or own a Company which sells goods or services to the Municipality. 31. MUNICIPAL FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY ACT (MFIPPAl All correspondence, documentation, and information provided to staff of the Municipality of Clarington by every offerer, including the submission of proposals, shall become the property of the Municipality, and as such, is subject to the Municipal Freedom of Information and Protection of Privacy Act, and may be subject to release pursuant to the Act. Offerers are reminded to identify in their proposal material any specific scientific, technical, commercial, proprietary, or similar confidential information, the disclosure of which could cause them injury. Complete proposals are not to be identified as confidential. STANDARD TERMS AND CONDITIONS Page 90f9 32. CRIMINAL BACKGROUND CHECKS "The successful service provider covenants and agrees to provide the Municipality of Clarington, or such other entity as the Municipality may designate, with written consent to perform a criminal background check including Criminal Code (Canada) convictions, pardoned sexual offences, records or convictions under the Controlled Drugs and Substances Act, Narcotics Control Act and Food and Drugs Act and all outstanding warrants and charges for every individual who may come into direct contract with youth or who are permitted entrance to private or restricted areas or residences. This will be done at no cost to the Municipality and any such requested document will be submitted to the Municipality in its true form in advance of commencement of work. The Municipal issued identification card must be worn when individuals are at a site where there is direct contact with youth or where access to any private or restricted area is anticipated. The Municipal identification card is valid for the term of the contract only or a one year term, whichever comes first. Under the terms of the contract, the Municipality has the sole and unfettered discretion to prohibit an individual from coming into direct contact with youth or entering a private or restricted area on a regular basis and to terminate the contract if the bidder/partner fails to obtain or renew the Municipal identification cards according to Municipal policy and procedure. The Municipality of Clarington reserves the right to cancel and/or suspend the contract immediately and unilaterally and without penalty to the Municipality should the service provider fail to provide the required documentation or otherwise adhere to this procedure. "The Chief Administrative Officer has the final say in determining any final action." CORPORATION OF THE MUNICIPALITY OF CLARINGTON CONTRACT NO. CL2008-9 SCHEDULE 'C' CONTRACTORS SAFETY SCHEDULE 'C' CONTRACTOR SAFETY Page 1 of 8 POLICY AND PROCEDURE POLICY: Contractors and Sub-contractors are responsible to ensure that their personnel are updated on all safety concerns of the workplace and are aware of the safety requirements as required by the Contractor under the Occupational Health and Safety Act. Safety performance will be a consideration in the awarding of contract. Under the Occupational Health and Safety Act (Section 23 (1), (2)), it is the constructor's responsibility to ensure that: . the measures and procedures prescribed by the Occupational Health and Safety Act and the Regulations are carried out on the proiect; . every employer and every worker performing work on the proiect complies with the Occupational Health and Safety Act and the Regulations (under the Act); and . Where so prescribed, a constructor shall, before commencing any work on a project, give to a Director notice in writing of the project containing such information as may be prescribed. DEFINITIONS: Contractor - any individual or firm engaged by the Municipality to do work on behalf of the Municipality Project - means a construction project, whether public or private, including: . the construction of a building, bridge, structure, industrial establishment, mining plant, shaft tunnel, caisson, trench, excavation, highway, railway, street, runway, parking lot, cofferdam, conduit, sewer, watermain, service connection, telegraph, telephone or electrical cable, pipe line, duct or well, or any combination thereof; . the moving of a building or structure; and . any work or undertaking, or any lands or appurtenances used in connection with construction. Construction - includes erection, alteration, repair, dismantling, demolition, structural maintenance, painting, land clearing, earth moving, grading, excavating, trenching, digging, boring, drilling, blasting, or concreting, the installation of any machinery or plant, and any work or undertaking in connection with a project. Constructor - means a person who undertakes a project for an owner and includes an owner who undertakes all or part of a project himself or by more than one employer. Project Manager - means the municipal management representative who has responsibility for a contract. SCHEDULE 'C' CONTRACTOR SAFETY Page 2 of 8 POLICY AND PROCEDURE Continued... PROCEDURE: The following items are required before any Contractors are hired by the Municipality: a) Before beginning a project, the project manager or designate must determine whether any designated substances/hazardous materials are (or will be) present at the site and prepare a list of all these substances. b) The project manager or designate must include, as part of the request for tender/quotations, a copy of the above mentioned list. The list of designated substances/hazardous materials must be provided to all prospective constructors and/or contractors. c) The request for tender/quotations will require prospective contractors to include a list of the designated substances/hazardous materials that will be brought onto the work site and material safety data sheets. d) Before awarding a contract, the contractor(s) will be required to complete and sign the Health and Safety Practice Form (Schedule "A"). The Purchasing Office will maintain all contractors' safety performance records. e) As part of the tender/quotation conditions, before award of a contract, the contractor must provide details of their Health and Safety program. f) The project manager or designate, if necessary, will provide the successful contractor with a workplace orientation which will include, but not be limited to identifying known potential hazards, hazardous material inventory and material safety data sheets for the sites. g) Before the start of the assignment the following documentation will be provided to the successful contractor, by the project manager or delegate: i) copies of the Municipal Corporate Health and Safety Program ii) departmental health and safety pOlicies iii) workplace procedures regarding health and safety practices h) The contractor has the responsibility to provide any and all prescribed personal protective equipment for their own workers, to include as a minimum but not limited to hard hats and safety boots. If a worker(s) fails to comply with any program, policy, rule or request regarding health and safety, that person(s) is not allowed on the site until the person(s) complies. i) The Municipality will retain the right to document contractors for all health and safety warnings and/or to stop any contractors' work if any of the previously mentioned items are not in compliance. Similarly, the Municipality will have the right to issue warnings and/or to stop work if there are any violations by the contractor of the Occupational Health and Safety Act, Municipal Health and Safety programs, policies, rules, and/or if the contractor creates an unacceptable health and safety hazard. Written warnings and/or stop work orders can be given to contractors using Contractor Health and Safety Warning/Stop Work Order Form (Schedule "B"). SCHEDULE 'C' CONTRACTOR SAFETY Page 3 of 8 POLICY AND PROCEDURE Continued... j) Where applicable, the Municipality will retain the right to allow municipal employees to refuse to work in accordance with the established policy and the Occupational Health and Safety Act, in any unsafe conditions. k) The Purchasing Department will maintain current certificates of clearance until all monies owing have been paid to the contractor. I) Responsibility for ensuring contractor compliance to this policy falls upon the project manager or designate. This will include identification, evaluation and control practices and procedures for hazards and follow-up and issuing of Contractor Health and Safety Warning/Stop Work Orders. SCHEDULE 'C' CONTRACTOR SAFETY Page 4 of 8 POLICY AND PROCEDURE Continued... HEALTH AND SAFETY PRACTICE FORM To Contractor(s): The Municipality of Clarington is committed to a healthy and safe working environment for all workers. To ensure the Municipal workplace is a healthy and safe working environment, contractors, constructors and subcontractors must have knowledge of and operate in compliance with the Occupational Health and Safety Act and any other legislation pertaining to employee health and safety. In order to evaluate your company's health and safety experience, please provide the accident/incident and/or Workplace Safety Insurance Board (WSIB) information noted below, where applicable. The New Experimental Experience Rating (NEER) _ The WSIB experience rating system for non-construction rate groups ....................................................................... The Council Amended Draft #7 (CAD-7) Rating _ The WSIB experience rating system for construction rate groups ....................................................................... . Injury frequency performance for the last two years - This may be available from the contractor's trade association. ....................................................................... . Has the contractor received any Ministry of Labour warnings or orders in the last two years? (If the answer is yes, please include the infraction). NO . Confirmation of Independent Operator Status - The WSIB independent operator number assigned: 210203EB (Bidders to include the letter confirming this status and number from WSIB with their bid submission). SCHEDULE 'C' CONTRACTOR SAFETY Page 5 of 8 POLICY AND PROCEDURE Continued... CONTRACTOR'S STATEMENT OF RESPONSIBILITY As a contractor working for the Municipality of Clarington, I/we will comply with all procedures and requirements of the Occupational Health and Safety Act, Municipal safety policies, department and site specific polices and procedures and other applicable legislation or regulations. I/we will work safely with skill and care so as to prevent an accidental injury to ourselves, fellow employees and members of the public. 1. The contractor/successful tenderer certifies that it, its employees, its subcontractors and their employees: a) are aware of their respective duties and obligations under the Occupational Health and Safety Act, as amended from time to time, and all Regulations thereunder (the "Act"); and b) have sufficient knowledge and training to perform all matters required pursuant to this contract/tender safely and in compliance with the Act. 2. In the performance of all matters required pursuant to this contract/tender, the contractor/successful tenderer shall: a) act safely and comply in all respects to the Act, and b) ensure that its employees, its subcontractors and their employees act safely and comply with all aspects with the Act. 3. The contractor/successful tenderer shall rectify any unsafe act or practice and any non- compliance with the Act at its expense immediately upon being notified by any person of the existence of such act, practice or non-compliance. 4. The contractor/successful tenderer shall permit representatives of the Municipality and the Health and Safety Committee on the site at any time or times for the purpose of inspection to determine compliance with this contract/tender. 5. No act or omission by any representative of the Municipality shall be deemed to be an assumption of any of the duties or obligations of the contractor/successful tenderer or any of its subcontractors under the Act. SCHEDULE 'C' CONTRACTOR SAFETY Page 6 of 8 POLICY AND PROCEDURE Continued... 6. The contractor/successful tenderer shall indemnify and save harmless the Municipality: a) from any loss, inconvenience, damage or cost to the Municipality which may result from the contractor/successful tenderer or any of its employees, its subcontractors or their employees failing to act safely or to comply in all respects with the Act in the performance of any matters required pursuant to this contract/tender; b) against any action or claim, and costs related thereto, brought against the Municipality by any person arising out of any unsafe act or practice or any non- compliance with the Act by the contractor/successful tenderer or any of its employees, its subcontractors or their employees in the performance of any matter required pursuant to this contract/tender; and c) from any and all charges, fines, penalties and costs that may be incurred or paid by the Municipality (or any of its council members or employees) shall be made a party to any charge under the Act in relation to any violation of the Act arising out of this contract/tender. MELROSE PAVING COMPANY LTD. Contractor Joe ManQiardi Name of Person Signing for Contractor Signature of Contractor March 19. 2008 Date SCHEDULE 'C' CONTRACTOR SAFETY Page 7 of 8 POLICY AND PROCEDURE Continued... Schedule "B" CONTRACTOR HEALTH AND SAFETY WARNING/STOP WORK ORDER The purpose of this form is to: (Issuer to check one of the following) o Provide warning to the contractor to immediately discontinue the unsafe work practices, if it affects our workplace, described below. o Direct the contractor to immediately cease all work being performed under this contract due to the unsafe work practice described below. FAILURE TO COMPLY WITH THIS WARNING/STOP WORK ORDER SHALL CONSTITUTE A BREACH OF CONTRACT. PART "A" - DETAILS OF CONTRACT CONTRACTOR/P.O. # DESCRIPTION: NAME OF FIRM: SCHEDULE 'C' CONTRACTOR SAFETY Page 8 of 8 POLICY AND PROCEDURE Continued... PART "B" - DETAILS OF INFRACTION (TO BE COMPLETED BY ISSUER) DATE AND TIME OF INFRACTION DESCRIPTION OF INFRACTION, INCLUDING LOCATION: ORDER GIVEN BY MUNICIPALITY: DID THE CONTRACTOR COMPLY WITH THIS ORDER? DATE AND TIME OF COMPLIANCE: ISSUED TO: CONTRACTOR'S EMPLOYEE TITLE ISSUED BY: MUNICIPAL EMPLOYEE DEPARTMENT TITLE PART "C" - ADDITIONAL COMMENTS THIS SECTION TO BE USED INTERNALLY TO RECORD ADDITIONAL COMMENTS SUBSEQUENT TO ISSUING THE WARNING/STOP WORK ORDER, I.E. DATE AND TIME WORK RESUMED, FURTHER ACTION TAKEN, ETC. CORPORATION OF THE MUNICIPALITY OF CLARINGTON CONTRACT NO. CL2008-9 INSTRUCTION TO TENDERERS INDEX INSTRUCTION TO TENDERERS INDEX CONTRACT NO. CL2008.9 CLAUSE SUBJECT PAGE 1. GENERAL ................................................................................................................ Page 1 2. BLANK FORM OF TENDER..................................................................................... Page 1 3. TENDER DEPOSiTS................................................................................................ Page 1 4. BONDS .................................................................................................................... Page 2 5. RIGHT TO ACCEPT OR REJECT TENDERS.......................................................... Page 2 6. SCOPE OF WORK .................................................................................................. Page 2 7. UNACCEPTABLE TENDERS................................................................................... Page 3 8. ABILITY AND EXPERIENCE OF TENDERER ......................................................... Page 3 9. PROVINCIAL SALES TAX ....................................................................................... Page 3 10. GOODS AND SERVICES TAX (GST)..................................................................... Page 3 11. EXECUTE CONTRACT DOCUMENTS .................................................................... Page 3 12. COMMENCEMENT OF WORK................................................................................ Page 3 13. LOCATION.......... .............. ....................... ........ ............... ............ .................... ......... Page 3 14. TENDERERS TO INVESTIGATE............................................................................. Page 4 15. INQUIRIES DURING TENDERING .......................................................................... Page 4 16. DEFINITION OF OWNER/AUTHORITY AND ENGINEER/CONTRACT ADMINISTRATOR ....................................................... ............... .................... ........ Page 4 17. ADDENDA.............. ....................... .......................... ........... ........................ .............. Page 4 18. UTILITIES ................................................................................................................ Page 5 19. NEGOTIATION.......................................................................................... ..Page 5 20. ADDITIONS OR DELETIONS...... ........ ........ ........ ....... ......... ......... ....... ...... ...., Page 5 21. DECLARATIONS....... .....,. ........ ......... ....... ........ ....... ......... ................. ...... .... .page 6 PAGE ONE INSTRUCTION TO TENDERERS CONTRACT NO. CL2008-9 1. GENERAL SEALED Tenders plainly marked "Contract No. CL2008-9" will be received until: 2:00:00 P.M., LOCAL TIME, WEDNESDAY, MARCH 19, 2008 and shall be addressed to: Corporation of the Municipality of Clarington OFFICE OF THE CLERK 40 Temperance Street Bowmanville, Ontario L 1C 3A6 Tenders must be time-stamped at the above noted location to be considered. Late submissions will not be accepted and will be returned unopened without exception. The use of the mail or courier services for delivery of a Tender will be at the risk of the Bidder. The Tender must come into the possession of the above-mentioned representative of the Municipality before the deadline for submission or the Tender will be returned to the Bidder unopened. In the event that the Tender is hand delivered and is received past the deadline for submission, the Tender envelope will be time stamped and returned unopened to the deliverer immediately. In the event that the Tender is received by a means other than 'in person' and is received past the submission deadline, it will be time stamped and returned unopened by courier. Note: Since Tenders must be submitted in a sealed envelope, submissions by facsimile or electronic delivery, secured or otherwise, are not acceptable. The onus unequivocally remains with the Bidder to ensure that Tenders are delivered to the Municipal Clerk, Clerks Office, 2"" Floor, before the deadline for submission, in accordance with the submission instructions. Requests for adjustments to submitted Tenders by telephone, fax or electronically will not be considered. The Municipality shall not be liable for any cost of preparation or presentation of Tenders, and all Tenders and accompanying documents submitted by the Bidder become the property of the Municipality and will not be returned. There will be no payment to Bidders for work related to and materials supplied in the preparation, presentation and evaluation of any Tender, nor for the Contract negotiations whether they are successful or unsuccessful. The Municipality, its elected officials, employees and agents shall not be responsible for any liabilities, costs, expenses, loss or damage incurred, sustained or suffered by any Bidder, prior or subsequent to, or by reason of the acceptance, or non-acceptance by the Municipality of any Tender, or by reason of any delay in the acceptance of any Tender. 2. BLANK FORM OF TENDER One copy of the Tender, on the forms provided, shall be submitted in the envelope provided. All information requested shall be shown in the tender, in the space provided. 3. TENDER DEPOSITS All tender submissions shall be accompanied by a Bid Deposit in the form of a certified cheque, bank draft, money order or cash, payable to the Corporation of the Municipality of Clarington in the amount specified in the table below: INSTRUCTION TO TENDERERS CONTRACT CL2008-9 Page 2 of 6 $ TOTAL AMOUNT OF BID 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 t01,000,000.00 1,000,000.01 to 2,000,000.00 2,000,000.01 and over MINIMUM DEPOSIT REQUIRED $ 1,000.00 2,000.00 5,000.00 10,000.00 25,000.00 50,000.00 100,000.00 200,000.00 NOTE: Bid bonds issued by a surety approved by and in a form containing terms satisfactory to the Municipality's Treasurer will be accepted for tenders valued over $50,000.00. Bid deposit must be enclosed in the envelope with your tender. All tender bid deposits will be returned to the respective bidders within ten (10) days after the Tenders have been opened except those of the two (2) low bidders, which shall be retained by the Municipality of Clarington until the successful bidder has executed the Contract. 4. BONDS The Contractor is required to provide a Performance Bond, and a Labour and Material Payment Bond, each in an amount equal to 100 percent of the Total Tender Amount, to guarantee his faithful performance of this Contract and his fulfillment of all obligations in respect of maintenance and payment for labour and materials used on this work. Each Bond shall be with a satisfactory Guarantee Surety Company, resident in Canada or authorized to carry on business in Canada. An Agreement to Bond must be submitted with the tender bid. Bonding company standard "Agreement to Bond" forms are acceptable. 5. RIGHT TO ACCEPT OR REJECT TENDERS The Municipality reserves the right to reject any or all tenders or to accept any tender should it be deemed to be in its best interest to do so. Tenders which are incomplete, conditional or obscure, or which contain additions not called for, erasures, alterations, or irregularities of any kind, may be rejected as informal. Tenders will not be accepted unless submitted in the envelopes provided. 6. SCOPE OF WORK The scope of work may be increased or decreased depending on the Total Tender Amount with respect to available budget. Addition of work would be within one of the areas identified in the tender. See also Section 20. INSTRUCTION TO TENDERERS CONTRACT CL2008-9 Page 3 of 6 7. UNACCEPTABLE TENDERS Each item in the Tender Form shall include a reasonable price for such item. Under no circumstances will an unbalanced tender be considered. The Municipality and the Contract Administrator will be the sole judge of such matters, and should any tender be considered to be unbalanced, then it will be rejected by the Municipality. 8. ABILITY AND EXPERIENCE OF TENDERER The Municipality reserves the right to reject any tender where satisfactory evidence of sufficient capital, plant and experience to successfully prosecute and complete the work in the specified time, is not furnished by the Tenderer. 9. PROVINCIAL SALES TAX Provincial Retail Sales Tax shall be included in tendered prices for material supplied under this Contract. 10. GOODS AND SERVICES TAX (GST) The Tenderer shall NOT include any amount in his tender unit prices for the Goods and Services Tax. The GST will be shown on each payment certificate and will be paid to the Contractor in addition to the amount certified for payment and will therefore not affect the Contract unit prices. 11. EXECUTE CONTRACT DOCUMENTS Tenders shall be open for acceptance for a period of 90 days after the closing date. After this time the tender may only be accepted with the consent of the successful Tenderer. The successful Tenderer shall execute the Contract Documents and furnish the required bonds within 10 calendar days of receipt of notification of Acceptance of Tender. Failure by the successful Tenderer to meet the above requirements will entitle the Municipality to cancel the award of the Contract and to retain the tender deposit as compensation for damages sustained due to the successful Tenderer's default. The Municipality may then award the Contract to one of the other Tenderers or take such other action as it chooses. 12. COMMENCEMENT OF WORK The successful Tenderer shall commence work at the site within 7 calendar days of the official commencement date as specified in the written order issued in accordance with OPS GC7.01.02 of the General Conditions. 13. LOCATION The rehabilitation work is located on various streets in Bowmanville, Orono, Newcastle, Enniskillen and Haydon. The work in Bowmanville is located on the west side of Liberty Street between Carlisle Avenue and Concession Street West, the north side of King Street between #222 and #240 King Street, Argent Park south of Goodwin Avenue, at the intersection of Longworth Avenue and Scugog Street and at walkways in between Spry Avenue and Carruthers Drive, between Lawrence Crescent and Hillier Street, between Hillier Street and the west limit, between INSTRUCTION TO TENDERERS CONTRACT CL2008.9 Page 4 of 6 Quinn Drive and Hetherington Drive and between Holgate Crescent and Lawrence Crescent. In Orono, the work is located on both sides of Mill Street between Sommerville Drive and Duchess Street, on the east side of Mill Street between Dickson Street and Piggott Lane, on the east side of Mill Street between Main Street and Dickson Street and on the north side of Park Street between #28 and #38 Park Street.. In Bowmanville, new sidewaiks will be constructed on the east and west sides of Scugog Street between Goodwin Avenue and Bons Avenue. In Newcastle, a new sidewalk will be constructed on the west side of Rudell Road between Edward Street and Highway #2. In Haydon, the work is located on Concession Road 8 between King Street and Charlesville Lane. In Enniskillen, the work is located on the west side of Old Scugog Road between #7762 and Regional Road 3. The limits of all work for all locations shall be painted in the field by the Contract Administrator. 14. TENDERERS TO INVESTIGATE Tenderers must satisfy themselves by personai examination of the site and by such other means as they may prefer as to the actual conditions and requirements of the work. The Tenderer shall carefully examine all plans and profiles so that the unit prices tendered are commensurate with the nature of the work. It shall be the Contractor's responsibility to thoroughly inspect the site of the proposed works, determine the location of any buried or obstructing services and make satisfactory arrangements for interference with such service with the proper jurisdictional agency. 15. INQUIRIES DURING TENDERING The Tenderer is advised that inquiries regarding the interpretation of the plans or specifications shall be directed to Engineering Services, Municipality of Ciarington, Telephone: 905-623-3379, ext. 329, attention: Ed Lisinski, CET., Fax: 906-623-9282 General enquiries regarding the tender conditions and submission requirements are to be directed to Jerry Barber, Purchasing Manager, Telephone: 905 623-3379, Ext. 402, Fax: 905623-3330. Bidders are referred to Schedule B, Standard Terms and Conditions, Section 4, Clarification of Documents for further clarification. Written inquiries shall be submitted using the Fax Cover Sheet provided as Schedule "H". Bidders are requested to make all inquiries prior to Friday, March 14, 2008. 16. DEFINITION OF OWNER/AUTHORiTY AND ENGINEER/CONTRACTADMINISTRATOR Wherever the word "Owner" or "Authority" or "Corporation" appears in this Contract, it shall be interpreted as meaning the Corporation of the Municipality of Clarington. Wherever the word "Contract Administrator" or "Engineer" appears in this Contract it shall be deemed to mean the Municipality of Clarington, or such other officers, as may be authorized by the Municipality to act in any particular capacity. 17. ADDENDA The Contractor shall ensure that all addenda issued during the tendering period are attached as part of the submitted bid. Failure to do so will result in disqualification of the bid. INSTRUCTION TO TENDERERS CONTRACT CL2008-9 Page 5 of 6 18. UTILITIES Plans illustrating locations of existing utilities are available for inspection at the office of the Contract Administrator. For additional information regarding existing utilities the Contractor may contact the following personnel: Ms. Ellen Hyde Beil Canada Tel: 905-433-2141 Ms. Diana Beaulne Enbridge Consumers Gas Tel: 416-495-5520 Mr. Jim Hisson Hydro One Networks Inc. Tel: 905-623-1071 Ext. 3318 Rogers Cable TV. Limited Ms. Cindy Ward Tel: 905-436-4138 Veridian Connections Mr. Peter Petriw Tel: 1-888-445-2881 Ext. 3252 19. NEGOTIATION In the event that all bids submitted exceed the Owners budget for the project, the Owner may negotiate changes in the scope of work to a value not to exceed fifteen (15%) percent, with the Bidder submitting the lowest acceptable bid. Where included in the bid, unit prices shall be used to achieve the reduction. If a unit price is not provided, said change will be negotiated between the successful contractor and the Purchasing Manager and will be based on similar prices contained in the bid, the nature and scope of work, material required and hourly rate. If the negotiations fail to produce a Bid Price acceptable to both parties, or if, in the first instance, the changes contemplated result in a value in excess of 15% of the Bid Price and the Owner wishes competitive prices thereon, the Bid Documents and the Contract Documents will be amended by the Owner and invitations to re-bid will be restricted to the bidders who submitted the three (3) lowest acceptable bids on the original bid call. 20. ADDITIONS OR DELETIONS Without invalidating the contract, the Municipality of Clarington may add or subtract to the contract in an amount not exceeding twenty-five percent (25%) to adjust to the actual work to be performed. Adjustments will be based on the unit prices bid. If a unit price is not provided for the added work described, said unit price will be negotiated between the successful contractor and the Purchasing Manager and will be based on similar prices contained in the bid, the nature and scope of work, material required and hourly rate. The Municipality shall have the right, which maybe exercised from time to time to cancel an uncompleted or unperformed portion of the work or part thereof. INSTRUCTION TO TENDERERS CONTRACT CL2008-9 Page 6 of 6 21. DECLARATIONS a) l!We declare that no person, firm or corporation other than the one whose signature or the signature of whose proper officers is or are attached to this Request for Tender, has any interest in this Tender or in the Contract. b) i!We further declare that this Tender is made without any connection, knowledge, comparison of figures or arrangement with any other contractor, firm or person making a similar Tender and is in all respects fair and without collusion or fraud. c) l!We further declare that no Municipality of Clarington employee, or member of Council (or their families) is, or will become interested directly or indirectiy as a contracting party or otherwise in or in the performance of the Contract or in the supplies, work or business to which it relates or in any portion of the profits of it, or of any such supplies to be used therein or any of the monies to be derived from it. d) l!We further declare that the statements contained in the Tender are in all respects true. e) l!We further declare that l!We have examined the iocality and site(s) of the proposed Equipment, as well as all the specifications relating to them, prepared, submitted and rendered available on behalf of the Municipality of Ciarington and are hereby acknowledged to be an integral part of the Contract. l!We hereby propose and offer to enter into the Contract on the terms and conditions and under the provisions set forth in the Tender, and to accept in full payment for it the sums calculated in accordance with the actual measured quantities and unit prices attached to this Tender. CORPORATION OF THE MUNICIPALITY OF CLARINGTON CONTRACT NO. CL2008-9 SPECIAL PROVISIONS - GENERAL INDEX SPECIAL PROVISIONS - GENERAL CONTRACT NO. CL2008-9 1. GUARANTEED MAINTENANCE........................................................................... Page 1 2. CONTRACT TIME AND LIQUIDATED DAMAGES................................................ Page 1 3. CONTRACTOR'S AUTHORIZED REPRESENTATIVE ......................................... Page 2 4. OPS GENERAL CONDITIONS ............................................................................. Page 2 5. LAYOUT.. ......... ... ........... ... ......... .............. ... ...... ... ...... ......... ... ... ...... ........ ... ........... Page 2 6. RESTRICTIONS ON OPEN BURNING................................................................. Page 2 7. PAyMENTS.... ................. ...... ........ ......... ... ... ............ ............ ... ................. ........ .... Page 2 8. UTILITIES .. ...... ..... ... ......... ... ........ ............... ... ......... ... ..... ....... ........ ............ ..... ...... Page 3 9. HAUL ROADS.. ........ ..... .... ........... ... ... ...... ... ... ...... ........... ... .... .............. ... ... ..... ... ..... Page 3 10. DUST CONTROL.................................................................................................. Page 3 11. TRAFFIC CONTROL, FLAGGING ........................................................................ Page 3 12. CONTRACTOR'S SUPPLY OF CONSTRUCTION SiGNS.................................... Page 4 13. MAINTENANCE OF TRAFFIC .............................................................................. Page 4 14. EMERGENCY AND MAINTENANCE MEASURES ............................................... Page 5 15. ENGINEERING FIELD OFFICE Page 5 16. MANAGEMENT AND DISPOSAL OF EXCESS MATERIAL.................................. Page 5 17. WORKPLACE HAZARDOUS MATERIAL INFORMATION SYSTEM (WHMIS)..... Page 5 18. SPILLS REPORTING............................................................................................ Page 6 19. PROTECTION OF WATER QUALITY................................................................... Page 6 20. GARBAGE COLLECTION..................................................................................... Page 6 21. DELIVERY OF TEST SAMPLES........................................................................... Page 6 22. PREPARATION & POSTING OF REQUIREMENTS FOR WORK IN CONFINED SPACES. ... ... ........ ............ ...... ...... ........ ...... ... ......... ... ...... ... ...... ...... ........ ...... ........ Page 7 23. CONFINED SPACE ENTRY ................................................................................ Page 7 24. ENTRY ONTO PRIVATE PROPERTY .................................................................. Page 7 25. STORAGE AREAS........ ...... ......... ... ......... ... ......... ........ .... ...... ...... ..... ... ...... ........... Page 7 26. GENERAL LIABILITY INSURANCE ...................................................................... Page 8 27. CONSTRUCTION LIEN ACT ................................................................................ Page 8 28. PROPERTY OWNER'S RELEASE OF PRIVATELY OWNED LAND USED BY THE CONTRACTOR ........................................................................................ Page 9 PAGE ONE SPECIAL PROVISIONS - GENERAL CONTRACT CL2008-9 1. GUARANTEED MAINTENANCE Section OPS GC7.15.02 of the General Conditions is revised in that the Contractor shall guarantee and maintain the entire work called for under this Contract for a period of twenty-four (24) months. The Contractor shall make good in a permanent manner, satisfactory to the Municipality, any and all defects or deficiencies in the work, both during the construction and during the period of maintenance as aforesaid. The Contractor shall commence repairs on any work identified as defective under this clause within 48 hours of receipt of notice from the Municipality or the Contract Administrator. The decision of the Municipality and the Contract Administrator shall be final as to the necessity for repairs or for any work to be done under this Section. 2. CONTRACT TIME AND LIQUIDATED DAMAGES (1) Time Time shall be the essence of this contract. For purposes of this Contract, OPS GC1.04 of the General Conditions is revised, in that Contract Time means the time stipulated herein for Completion of the Work as defined in Ciause OPS GC1.06. (2) Progress of the Work and Contract Time The Contractor shall accomplish completion of this Contract as defined in OPS GC1.06 of the General Conditions on or before August 22, 2008. If the contract time above specified is not sufficient to permit completion of the work by the Contractor working a normal number of hours each day or week on a single daylight shift basis, it is expected that additionai and/or augmented dayiight shifts will be required throughout the life of the contract to the extent deemed necessary by the Contractor to insure that the work will be completed within the contract time specified. Any additional costs occasioned by compliance with these provisions will be considered to be included in the prices bid for the various items of work and no additional compensation will be allowed therefore. (3) Liquidated Damages It is agreed by the parties to the contract that in case all the work called for under the contract is not completed within the number of working days as set forth in the special provisions or as extended in accordance with Section OPS GC3.07 of the General Conditions, a loss or damage will be sustained by the Municipality. Since it is and will be impracticable and extremely difficult to ascertain and determine the actual loss or damage which the Municipality will suffer in the event of and by reason of such delay, the parties hereto agree that the Contractor will pay to the Municipality the sum of one thousand dollars ($1,000.00) as liquidated damages for each and every calendar day's delay in achieving completion of the work in excess of the number of working days prescribed. It is agreed that this amount is an estimate of the actual loss or damage to the Municipality which will accrue during the period in excess of the prescribed number of working days. The Municipality may deduct any amount under this paragraph from any moneys that may be due or payable to the Contractor on any account whatsoever. The liquidated damages payable under this paragraph are in addition to and without prejudice to any other remedy, action or other alternative that may be available to the Municipality. SPECIAL PROVISIONS - GENERAL CONTRACT NO. CL2008-9 Page 2 of9 3. CONTRACTOR'S AUTHORIZED REPRESENTATIVE Authorized representative as referenced in OPS GC7.01.09 is defined as an employee of the Contractor. 4. OPS GENERAL CONDITIONS Wherever in this Contract reference is made to the General Conditions, it shall be interpreted as meaning the OPS General Conditions of Contract, November, 2006. 5. LAYOUT Section OPS GC7.02.01, Layout, is hereby revised by the deletion of parts 03), 04), 05) and 06), and by the addition of the following: The Contractor shall lay out and establish the primary alignment and grade controls necessary for construction. The layout performed by the Contractor shall be sufficient to permit construction of the work in compliance with the Contract Documents. 6. RESTRICTIONS ON OPEN BURNING Open fires will not be permitted within the limits of this Contract. Brush and debris may as an alternative to burning, be disposed of outside the Contract Limits and in compliance with the requirements specified elsewhere for Management and Disposal of Excess Material. 7. PAYMENTS Except as herein provided, payments under this Contract will be made in accordance with Section OPS GC8.02.030f the General Conditions. Notwithstanding the provisions of the General Conditions respecting certification and payment, the Municipality may Withhold 2-1/2 percent of the total value of work performed beyond the expiration of 46 days from the date of publication of the Certificate of Substantial Performance, to enable the Contract Administrator to produce the final detailed statement of the value of all work done and material furnished under the Contract. As a condition of holdback reduction from 10% to 2 -1/2%, the Contractor shall supply a Statutory Declaration as defined in OPS GC8.02.03.07 03)(b) and advertise the Certificate of Substantial Performance per OPS GC8.02.03.04(03). The Completion Payment Certificate to include statutory holdback release, will be issued within 120 days after the date for completion as specified under OPS GC1.06. The date for interest due to late payment shall commence following 180 days after the date of completion of the work. As a condition of the final holdback payment, the Contractor shall provide the required Property Owner's Releases as specified elsewhere, as appropriate. The Contractor shall include in his price for the publication of the Certificate of Substantial Performance. Publication is mandatory whether Contractor requests Substantial Performance or not. The Contractor is advised that the Municipality may withhold payment on Interim and Holdback Release Certificates up to 30 calendar days from the date of receipt of the executed Payment Certificates. SPECIAL PROVISIONS - GENERAL CONTRACT NO. CL2008.9 Page 3 of 9 8. UTILITIES Sections OPS GC2.01 and OPS GC7.12 02) of the General Conditions are deleted in their entirety and are replaced by the following: The Contractor shall be responsible for the protection of all utilities at the job site during the time of construction. The Municipality will be responsible for the relocation of utilities where required. However, no claims will be considered which are based on delays or inconvenience resulting from the relocation not being completed before the start of this Contract. The location and depth of underground utilities shown on the Contract drawings, are based on the investigations made by the Municipality. It is, however, the Contractor's responsibility to contact the appropriate agencies for further information in regard to the exact location of all utilities, to exercise the necessary care in construction operations and to take such other precautions as are necessary to safeguard the utilities from damage. 9. HAUL ROADS When so required by the Contract Administrator, payment for maintenance and restoration of haul roads will be made for the materials provided and the work performed as specified, at tender prices, or at negotiated prices. 10. DUST CONTROL As a part of the work required under Section OPS GC7.06 of the General Conditions, the Contractor shall take such steps as may be required to prevent dust nuisance resulting from his operations either within the right-of- way or elsewhere or by public traffic where it is the Contractor's responsibility to maintain a roadway through the work. Where the work requires the sawing of asphalt or the sawing or grinding of concrete, blades and grinders of the wet type shall be used together with sufficient water to prevent the incidence of dust, wherever dust would affect traffic or wherever dust would be a nuisance to residents of the area where the work is being carried out. The cost of all such preventative measures shall be borne by the Contractor except however where water or calcium chloride is used to reduce the dust caused by traffic on a roadway which it is the Contractor's responsibility to maintain for public traffic, the cost of such quantities of water and calcium chloride as are authorized by the Contract Administrator to restrict dust to acceptable levels, shall be paid for by the Municipality at the contract prices for Application of Water or Application of Calcium Chloride. 11. TRAFFIC CONTROL, FLAGGING Flagging for traffic control on this Contract shall be in conformance with the procedure outlined in OTM Book 7 (Ontario Traffic Manual). Each flagman shall, while controlling traffic, wear the following: (i) an approved fluorescent blaze orange or fluorescent red safety vest, and (ii) an approved fluorescent blaze orange or fluorescent red armband on each arm, and (iii) an approved fluorescent blaze orange or fluorescent red hat. SPECIAL PROVISIONS - GENERAL CONTRACT NO. CL2008-9 Page 4 of 9 12. CONTRACTOR'S SUPPLY OF CONSTRUCTION SIGNS In accordance with Section OPS GC7.06 of the General Conditions, the Contractor is responsible for the supply, erection, maintenance and subsequent removal of all temporary traffic controls, including signs, lights, barricades, delineators, cones, etc., required on the work. Traffic controls shall be provided in general accordance with the latest edition of the "OTM Book 7". As a minimum requirement and without restricting the Contract Administrator or the Municipality in requiring further controls, the following signs shall be supplied as required: Sign Number TC-1 TC-3L TC-3R TC-3tL TC-3tR TC-41 A TC-41B Sign Message CONSTRUCTION LANE CLOSED AHEAD LANE CLOSED AHEAD LEFT LANE CLOSED RIGHTLANE CLOSED CONSTRUCTION ZONE BEGINS CONSTRUCTION ZONE ENDS Number Required 6 6 6 6 6 6 6 Traffic controls shall be operational before work affecting traffic begins. 13. MAINTENANCE OF TRAFFIC The following traffic maintenance arrangements shall be in effect during work on this Contract. For work which is in the boulevard of a Region of Durham road, a Traffic Management Plan is required as part of the Road Occupancy Permit Application which the Contractor will be responsible for. Similarly, for the work on King Street in Bowmanville, a Traffic Management Plan is required as part of the Municipal Road Occupancy Permit. It should be noted that due to the importance of Liberty Street (Reg. Rd. 14) and King Street as commuter routes, no lane closures will be permitted on weekdays before 9:00 a.m. or after 3:00 p.m. Weekend lane closures on Liberty Street will be subject to review and approval by the Region of Durham staff. It is the intention of the Contract that every reasonable effort shall be made to provide vehicular access to homes and other properties adjacent to the limits of work operations throughout each working day. No road closures are anticipated as a result of the proposed works. It is understood that implementation of traffic controls will require ongoing review and adjustment to suit construction operations. No deviation from the above procedure will be allowed except with the approval of the Contract Administrator. Notwithstanding the preceding, the Contractor shall at all times maintain the roadway surface within the contract limits in a condition satisfactory to the Contract Administrator and such that any emergency vehicles may have immediate access to any building located within the limits of this Contract. The Contractor shall be responsible for all signing at the contract limits and within the contract limits. The Contractor shall ensure the signing is properly maintained while in use. It shall be the Contractor's responsibility to directly notify Police, Fire, Hospital and Ambulance services of road closures at least 24 hours in advance of such closures and to notify these same authorities when such closures are no longer in effect. SPECIAL PROVISIONS - GENERAL CONTRACT NO. CL2008-9 Page 5 of 9 14. EMERGENCY AND MAINTENANCE MEASURES Whenever the construction site is unattended by the general superintendent, the name, address and telephone number of a responsible official of the contracting firm, shall be given to the Contract Administrator. This official shall be available at all times and have the necessary authority to mobilize workmen and machinery and to take any action as directed by the Contract Administrator in case emergency or maintenance measures are required regardless whether the emergency or requirement for maintenance was caused by the Contractor's negligence, act of God, or any cause whatsoever. Should the Contractor be unable to carry out immediate remedial measures required, the Municipality will carry out the necessary repairs, the costs for which shall be charged to the Contractor. 15. ENGINEERING FIELD OFFICE A separate field office for the Contract Administrator will not be required on this Contract. The Contractor shall, however, permit the Contract Administrator to make use of his office accommodation and other facilities as required, and at no extra cost to the Authority. 16. MANAGEMENT AND DISPOSAL OF EXCESS MATERIAL The requirements of OPSS 180 shall apply to this Contract, revised as follows: .1 Section 180.03, Definitions, shall be amended by the addition of the following: Work area: means the road allowance, right-of-way, and property with a boundary common to the road allowance or right-of-way within the Contract limits. .2 Subsection 180.07.02, Conditions on Management by Re-Use, shall be amended by the addition of the following: Recycled hot mix asphalt or excess bituminous pavement shall not be used as trench backfill or bedding. The Contractor shall be responsible for obtaining a copy of applicable Form Nos. OPSF 180-1, OPSF 180-2, OPSF 180-3, OPSF 180-4 and OPSF 180-5 for use where appropriate with respect to disposal of excess material. 17. WORKPLACE HAZARDOUS MATERIAL INFORMATION SYSTEM (WHMIS) Reporting Section OPS GC4.03.06 is deleted and replaced with the following: Prior to the commencement of work the Contractor shall provide, to the Contract Administrator, a list of those products controlled under WHMIS which he expects to use on this Contract. Related Material Safety Data Sheets shall accompany the submission. All containers used in the application of products controlled under WHMIS shall be labelled. The Contractor shall notify the Contract Administrator of changes to the list in writing and provide the relevant Material Safety Data Sheets. SPECiAl PROVISIONS - GENERAL CONTRACT NO. CL2008-9 Page 6 of 9 18. SPILLS REPORTING Spills or discharges of pollutants or contaminants under the control of the Contractor, and spills or discharges of pollutants or contaminants that are a result of the Contractor's operations that cause or are likely to cause adverse effects shall forthwith be reported to the Contract Administrator. Such spills or discharges and their adverse effects shall be as defined in the Environmental Protection Act R.S.O. 1980. All spills or discharges of liquid, other than accumulated rain water, from luminaries, internally illuminated signs, lamps, and liquid type transformers under the control of the Contractor, and all spills or discharges from this equipment that are a result of the Contractor's operations shall, unless otherwise indicated in the Contract, be assumed to contain PCB's and shall forthwith be reported to the Contract Administrator. This reporting will not relieve the Contractor of his legislated responsibilities regarding such spills or discharges. 19. PROTECTION OF WATER QUALITY At all times, the Contractor shall maintain existing stream flows and shall control all construction work so as not to allow sediment or other deleterious materials to enter streams. No waste or surplus organic material including topsoil is to be stored or disposed of within 30 metres of any watercourses. Run-off from excavation piles will not be permitted to drain directly into watercourses but shall be diffused onto vegetative areas a minimum of 30 metres from the watercourse. Where this measure is not sufficient or feasible to control sediment entering the watercourses, sedimentation traps or geotextile coverage will be required. If dewatering is required, the water shall be pumped into a sedimentation pond or diffused onto vegetated areas a minimum of 30 metres from the watercourses and not pumped directly into the watercourses. No machinery shall enter the creek bed of any watercourse. Movement of construction equipment in the vicinity of any creeks shall be limited to the minimum required for construction. The Contractor shall not carry out equipment maintenance or refueling or store fuel containers within 100 metres of any watercourse. The Contractor shall not stockpile construction debris or empty fuel/pesticide containers within the Contract limits. 20. GARBAGE COLLECTION The Contractor will be responsible for ensuring that garbage collection, including recyclables, is maintained and when necessary, the Contractor shall make arrangements directly with the collecting agency, to permit and coordinate pick-up. Garbage pick-up is handled by Canadian Waste Services, at 1-800-789-8886. Recyclable material is handled by by Miller Waste Systems at 1-800-461-1582. 21. DELIVERY OF TEST SAMPLES The Contractor shall include in his tender prices for the cost of delivery of concrete test cylinders and asphalt samples to a designated testing laboratory as chosen by the Contract Administrator. SPECIAL PROVISIONS - GENERAL CONTRACT NO. CL2008.9 Page 70f9 22. PREPARATION AND POSTING OF REQUIREMENTS FOR WORK IN CONFINED SPACES Clause GC7.01.06 of the OPS General Conditions of Contract is amended by the addition of the following: Detailed written procedures addressing the confined space requirements of the Occupational Health and Safety Act and Ontario Regulations for Construction Projects, Ontario Regulation 213/91, shall be clearly posted at the project site and available to all personnel, inciuding the Contractor's workers, Authority staff, Contract Administrator, and Ministry of Labour inspectors. The procedures must include the rescue procedures to be followed during a rescue or evacuation of all personnel from an unsafe condition or in the event of personal injury. The Contractor shall have personnel trained in rescue procedures readily avaiiable on site. 23. CONFINED SPACE ENTRY Without relieving the Contractor of his responsibilities under the Occupational Health and Safety Act the Contractor shall be responsible for the supply of personal protective equipment for the use of the Contract Administrator, in connection with confined space entry while the Contractor is operating on site. The following equipment shall be made available on request: . Mechanical Ventilation Equipment . Gloves . Gas Detector (C95-80) . Full body harness secureiy attached to a rope . Rope . Gas mask or dust, mist or fume respirator (optional) . 30 minute self-contained breathing apparatus (need not be worn but, if required, be readily available to supply air for instant egress) . 7 minute Escape Pack . Explosion-proof temporary lighting . Adequate clothing to ensure protection against abrasions and contamination. In addition the Contractor shall provide a competent person who shall inspect all safety equipment prior to use to ensure that it is in good working order and appropriate for the task at hand. 24. ENTRY ONTO PRIVATE PROPERTY The Contractor shall not enter private property or property which is to be acquired to construct the works without the prior consent of the Contract Administrator. This requirement will be strictly enforced. 25. STORAGE AREAS Clause OPS GC3.06.01 of the General Conditions of Contract is amended by the addition of the following: The use of the road right-of-way as a long term storage area is not allowed under this Contract. The storage of materials and movement of equipment will only be allowed for normally accepted construction practices. SPECIAL PROVISIONS - GENERAL CONTRACT NO. CL2008.9 Page 8 of 9 26. GENERAL LIABILITY INSURANCE The Municipality of Clarington and the Regional Municipality of Durham shall be named as additional Insured. 27. CONSTRUCTION LIEN ACT The Contractor shall give the Municipality notice in writing, immediately, of all lien claims or potential lien claims coming to the knowledge of the Contractor or his agents. When a claim for lien is filed by a Subcontractor, labour or material supplier or equipment renter acting under the Contractor, and proceedings are commenced by the Municipality to vacate the lien, the Contractor agrees and shall forthwith pay to the Municipality, in addition to their reasonable legal fees therefore, all interest costs and expenses incurred by the Municipality and an additional sum equal to ten percent (10%) of the sum found to be owing as liquidated damages, and such remedy shall be in addition to any other remedy available to the Municipality under the Contract Documents. Where any lien claimant asks from the Municipality the production for inspection of the Contract Documents or the state of the accounts between the Municipality and the Contractor, the Contractor shall be liable for an administration fee of Two Hundred Dollars ($200.00) for each request made as compensation for the preparation of such accounting or for the preparation of the Contract, or both, as the case may be, and the Contractor acknowledges that such administrative fee shall be properly deductible, if the Municipality shouid so choose, from monies otherwise payable to the Contractor under the terms of the Contract Documents. Where an application is brought to a judge of a competent jurisdiction to compel production of any particular document to a lien claimant, the Contractor further agrees to indemnify the Municipality from reasonable legal fees incurred in appearing on such an application and in addition agrees to pay to the Municipality its reasonable costs incurred in producing such documents to the extent that the same is made necessary under the disposition of the matter by such judge, and the Contractor further agrees that such reasonable costs and fees incurred by the Municipality as stated herein may be properly deductible from monies otherwise payable to the Contractor under the terms of the Contract Documents. SPECIAL PROVISIONS - GENERAL CONTRACT NO. CL2008-9 Page 9 of 9 28. PROPERTY OWNER'S RELEASE OF PRIVATELY OWNED LAND USED BY THE CONTRACTOR Upon completion of the Contract, the Contractor shall provide the Municipality with two (2) copies of a form of release signed by each property owner, upon whose land he has entered for purposes associated with the Contractor's operations but not for the purpose of undertaking works stipulated in the Contract: Date To: Mr. A. S. Cannella, CET 40 Temperance Street Bowmanville, Ontario L 1C 3A6 Re: Contract No. CL2008-9 Dear Sir: I hereby certify that (Name of Contractor) have fulfilled the terms of our agreement and have left my property in a satisfactory condition. I have accepted their final payment and release (Name of Contractor) and the Municipality of Clarington from further obligations. Yours very truly, Signature Property Owner's Name Lot Concession Municipality of (Please complete above in printing) Final payment will not be released to the Contractor until all the applicable forms of release have been signed by the property owners and received by the Municipality. CORPORATION OF THE MUNICIPALITY OF CLARINGTON CONTRACT NO. CL2008-9 SPECIAL PROVISIONS - TENDER ITEMS PAGE ONE SPECIAL PROVISIONS - TENDER ITEMS CONTRACT NO. CL2008.9 Note: For work on Regional Road 14 (Liberty Street) and Regional Road 17 (Main Street), the Contractor will be required to obtain a Road Occupancy Permit from the Region of Durham. As part of the Road Occupancy Permit, the Region will require the provision of a Traffic Management Plan. General: It is not the intent of this contract to re-sod the entire boulevard at each location. The contractor shall submit a work plan to the Contract Administrator outlining how it is intended to access each site in such a manner as to cause as little disturbance as possible to the grassed areas. The quantities allow for equipment access where there are long stretches without access from driveways. The Contract Administrator will review the work plan to ensure that it meets the intent of the contract. EARTH EXCAVATION AND DISPOSAL. ITEM NO. F1 Under this item, the Contractor shall include for earth excavation and disposal of excess native material off-site. REMOVAL OF SIDEWALK (ALL TYPES) -ITEMS NO. A6, B6, C5 AND D6 Payment shall be made under these Items for the removal of all concrete, asphalt covered concrete or asphalt sidewalk irrespective of the number of layers, as well as concrete curb (all types) not covered elsewhere in the Contract. Asphalt and concrete rubble shall be disposed of off the site of the works at a location (s) arranged for by the Contractor. The Contractor shall protect all trees, shrubs, hedges, fences, utility markers and poles from damage. The unit price bid shall include for all sawcutting as required at the limits of removal as necessary to provide a gentle transition to adjacent ground, driveway and/or road. Mill Street (west side), Orono, adjacent to #32 and to north limit of #36 driveway Sidewalk to be removed between south limit of #32 Mill Street and north edge of driveway to #36 Mill Street only. Existing sidewalk to the north of aforementioned driveway and traversing the property of #36 Mill Street to remain in place and undisturbed. Residents of #32 and #36 Mill Street to be notified at least 48 hours in advance of operations. Park Street (north side), Orono, between #28 and #38 Park Street The existing sidewalk adjacent to the damaged support wall at #38 Park Street to remain undisturbed. Removal of sidewalk shall be from west limit of #38 Park Street and westerly. REMOVAL AND SALVAGE OF BRICK PAVERS. ITEMS NO. A7 AND B7 Payment shall be made under these items at the unit price bid for the removal and salvage of brick pavers in private walkways and entrances. Bricks shall be stockpiled on the home owners property for reuse. Unused and surplus pavers not wanted by home owners shall be disposed of off site by the Contractor. SPECIAL PROVISIONS - TENDER ITEMS CONTRACT NO. CL2008.9 Page 2 of 7 SAW CUT CONCRETE CURB FOR CROSSING - ITEM NO. AS, E4 AND F4 Payment shall be made under these Items at the unit price bid for the saw cutting of existing curb at the locations as identified on the Contract Drawings and as directed by the Contract Administrator, to provide pedestrian crossing at sidewalk locations. The unit price shall also include for the removal and disposal of excess rubble. Scugog Street at Longworth Avenue and Scugog Street at Bons Avenue, Bowmanville Provide curb cuts at locations as shown on drawings "SW1" and as directed by the Contract administrator. Quinn Avenue (south side), Bowmanville, opposite walkway adjacent to Waverly Park Provide a 1.5m wide curb cut for new sidewalk installation as directed by Contract Administrator. Rudell Road, Newcastle Provide curb cuts at existing driveway to residential property at #1800 Rudell Road and at southwest corner of Rudell Road and Highway NO.2 as shown on drawing "SW2" and as directed by the Contract Administrator. CONCRETE IN SIDEWALK - ITEMS NO. AA, 84, C3, 04, E3 AND F3 All sidewalks shall meet the Municipality of Clarington specifications. The unit price bid under these Items shall include for the following: . Excavation for sidewalk, proof rolling subgrade, minor grading (including cut or fill) as required to provide positive 2% drainage over the top of curb or to edge of pavement or to match land at existing sidewalk locations, and disposal of surplus material off site. . Excavation in areas of private walk and disposal of surplus material. . Supply and placing 30 MPa concrete to specified width or to match existing width of sidewalk and private walkway. . Isolation of utilities, poles, manholes and hand holes. . Adjustment of water service curb stops, water valves, hand wells, gas valves, and any other appurtenances to be flush with the top of sidewalks, or the sloping beyond the sidewalks. . Clean up site and removal and disposal of debris. All sidewalks to be constructed in accordance with Standard Drawing C-307. It is generally intended that new replacement sidewalk be constructed to a width of 1.2 m but this may have to be reduced or increased depending on site conditions. Restoration of concrete driveways, if applicable, shall be included in this Item. The depth of new concrete shall match the existing depth, but shall be a minimum of 150 mm thick. SPECIAL PROVISIONS - TENDER ITEMS CONTRACT NO. CL200S-9 Page 3 of 7 All contraction joints shall be a minimum depth of 25% of total sidewalk depth. Expansion joints shall be full depth of sidewalk and be placed at a maximum spacing of 30 m or where sidewalk is placed against a rigid structure. Curing compound shall be applied with uniform colour and thickness immediately after finishing. It will be the Contractor's responsibility to preserve any layout markings provided by the Contract Administrator. Where existing sidewalk is being replaced, new sidewalk will be constructed in the same location as existing sidewalk. All forms shall be inspected by the Contract Administrator before the concrete is ordered. The Contractor shall give the Contract Administrator adequate notice (at least 2 hours) that the forms are ready to be inspected. Payment for 50% of the quantity of concrete sidewalk placed will be made on current progress payments, and the remaining 50% will be paid when rehabilitation is complete. Should restoration be complete at time of payment certificate cut-off date or if the restoration is progressing at a rate deemed satisfactory to the Contract Administrator and/or the Municipality of Clarington, 100% of the concrete placed shall be paid for. Walkway Replacements, Bowmanville New concrete sidewalk shall be constructed with 2% crossfall from centre. The elevation should match the existing ground as closely as possible. A swale adjacent to each side of the sidewalk shall intercept drainage and convey the drainage longitudinally to the connecting boulevards. Refer to standard C-307 for additional concrete details. All sidewalk widths shall be 1.5m with the exception of the walkways between Quinn Drive/Hetherington Drive and Holgate Crescent/Lawrence Crescent where the width shall be 2.0m. Liberty Street (west side), Bowmanville, between Carlisle Avenue and Concession Street Mill Street (east side), Orono, between Main Street and Piggott Lane and Main Street (both sides), Orono, between Sommerville Drive and Duchess Street All broken and/or cracked slabs as well as asphalt and/or asphalt capped sidewalk shall be removed and replaced. Existing sidewalk sections in good condition with positive drainage shall remain in place. Park Street (north side), Orono, between #28 and #38 Existing asphalt sidewalk to be replaced with new concrete sidewalk (1.2m in width) between the west limit of building at #38 Park Street and the existing concrete sidewalk adjacent to #28 Park Street. Concession Road S, Haydon, between King Street and Charlesville Lane New concrete sidewalk at 1.2 metres in width shall be constructed in the same location as the existing deficient sidewalk in between the two entrances to # 2486 and from the east edge of the asphalt entrance of #2490 to meet the edge of pavement at Chartesville Lane. SPECIAL PROVISIONS - TENDER ITEMS CONTRACT NO. CL2008.9 Page 4 of 7 Goodwin Avenue walkway extension to Argent Park, Bowmanville New asphalt walkway construction at this location shall match the width of the concrete walkway to which it will connect. The elevation of the walkway is to match the existing ground as closely as possible. Payment shall be made under this item for the following work: . Excavation and disposal of surplus material. . Supply, placing and compacting 150 mm depth of Granular 'A' SCHEDULE (E) SPECIAL PROVISIONS - TENDER ITEMS . Supply, placing and compacting minimum 50mm depth of H.L.-3 asphalt. BRICK PAVERS - ITEMS NO. AS, BS, C4 AND 05 Payment shall be made under this Item for the supply and placing of brick pavers in sidewalk. Brick pavers shall be placed in running bond pattern with single soldier course on each side of the sidewalk. The unit price bid for this Item shall include for supply, placing and compacting bedding sand, 100 mm Granular 'A' base and plastic or metal edge restraint with 10 inch galvanized spikes on both sides of pavers. Depth of granular base shall be adjusted in areas where tree roots are encountered. Brick pavers shall be natural grey in colour. Liberty Street, Bowmanville, north of Carlisle Avenue Brick pavers to be placed adjacent to the tree flanking #2 Carlisle Avenue. Park Street (Orono) Brick Pavers to be placed adjacent to the tree in front of residence at #36 Park Street. Main Street (Orono) Brick pavers to be placed adjacent to trees in front of residences at #5006, 5028, 5045 and 5050 as required. Mill Street (east side), Orono, between Dickson Street and Piggott Lane Brick pavers to be placed adjacent to the mature tree at the south lot line projection of #51 Mill Street and adjacent to the tree next to the driveway apron in front of # 31 Mill Street. Concession Road 8 (north side), Haydon east of King Street Brick Pavers to be placed adjacent to the mature tree in between the two entrances to the property at #2486. ASPHALT RESTORATION -ITEMS NO. A1, 81 AND 01 SPECIAL PROVISIONS - TENDER ITEMS CONTRACT NO. CL2008.9 Page 5 of 7 Payment shall be made under these Items for the following work: . Sawcutting of entrance asphalt and road asphalt where it is adjacent to the sidewalk or curb and gutter. . Removal and disposal of asphalt. . Excavation and disposal of surplus material. . Supply, placing and compacting 150 mm depth of Granular 'A', or match existing depth of granular if greater than 150 mm. . Supply, placing and compacting minimum 50 mm depth of H.L.-3 asphalt in all residential driveways and 90 mm, or match existing if greater, in all commercial driveways and roadways. Where an existing driveway has sufficient depth of granular base, then a reduced price will be negotiated with the Contractor for paving work on such driveways. Where the sidewalk terminates at an intersection without concrete curb, a 1.5 m asphalt transition shall be constructed to connect the sidewalk to the road. No work shall be performed under this Item without the expressed approval of the Contract Administrator. GRANULAR 'A' FOR SIDEWALK REPLACEMENT (PROVISIONAL) - ITEMS NO. A3, 83, C2, 03, E1 & F2 The unit price bid for these Items is for the supply, placement and compaction of a 100 mm base for the sidewalk including excavation and disposal of excess material off site. These Items shall be used at locations as directed by the Contract Administrator. GRAVEL DRIVEWAY -ITEMS NO. B2, Cl, D2 AND E2 Payment shall be made under these Items for the following work: . Excavation of existing driveway where directed and disposal of material. The Contractor shall confirm the . depth of granular material on each driveway before undertaking such work. . Supply, placing and compacting 150 mm depth of Granular 'A' or match existing depth if greater than 150 mm. No work shall be done under these Items without the expressed approval of the Contract Administrator. SPECIAL PROVISIONS - TENDER ITEMS CONTRACT NO. CL2008-9 Page 6 of 7 TOPSOIL (IMPORTED) -ITEMS NO. A9, B8, C6, D7, E5 AND F5 Screened topsoil shall be placed to a minimum depth of 100 mm in disturbed grass areas. It is not anticipated that there will be any suitable topsoil available from stripping operations. Subsection 570.05.01 of OPSS 570, August 1990 is amended by the addition of the following: The topsoil shall be tested to ensure there are no deficiencies with respect to fertility levels. The soil shall consist of a minimum 4% organic matter. The phosphorous level shall be 30 ppm +/- 2 ppm. The potassium level shall be 235 ppm +/- 30 ppm. The soil shall have a base saturation of calcium of 75%, +/- 10%. The base saturation of sodium shall be a maximum of 0.5%. The pH level shall be between 6.0 and 7.0. A copy of the topsoil testing report shall be provided to the Contract Administrator. Payment for this testing shall be included in payment under the respective topsoil items. If the topsoil does not meet all of the fertility elements, the soils shall be treated with the required amendments as recommended by the topsoil analysis report. SCHEDULE (E) SPECIAL PROVISIONS - TENDER ITEMS SOD (NURSERY, UNSTAKED) -ITEMS NO. A10, B9, C7, D8, E6 AND F6 Subsections 571.07.05,571.08.01 and 571.08.02 of OPSS 571, November 2001 is amended by the following: Replace "30 consecutive Days" with "120 consecutive Davs". Contractor should note that for the purpose of calculating consecutive Days, the winter dormant period shall be excluded (see Table No.1, OPSS 571). Clarington is considered to be in the 'Southem Ontario' area and the winter dormant period is from November 1 to April 30, inclusive. Payment shall be made for 50% of the quantity placed once deficiencies have been corrected from initial inspection and the remaining 50% shall be paid once all deficiencies have been corrected following final inspection at the end of the maintenance period. The Contractor shall be responsible for the full cost of replacing deficient sod as determined by the Contract Administrator. Under no circumstances shall topsoil be stored in any traffic lane on any road at any time. The Contractor is advised that in spite of the requirements of OPSS 571 and the efforts of homeowners, should sod not establish to the satisfaction of the Municipality within the two year maintenance period, the Municipality reserves the right to implement additional works to remedy the situation. SPECIAL PROVISIONS - TENDER ITEMS CONTRACT NO. CL2008-9 Page 7 of 7 Walkway Replacements, Bowmanville Topsoil and sod shall be graded to provide positive drainage from the property line to the swales adjacent to the new sidewalk. MISCELLANEOUS WORKS - ITEMS NO. A11, 810, C8, D9, E7 AND F7 Under these Items the Contractor shall be paid on a time and material basis for works not covered elsewhere in the Contract. Such works may include regarding of boulevard or ditch areas including disposal of surplus material off site, trimming of existing hedges/vegetation, removal of tree stumps if required, reinstatement of gardens and/or various landscape features, salvage and replacing stone chips in driveways, adjustment of various types of fencing as required, removing and relocating traffic signage and removing and relocating or adjusting various utilities and mailboxes, adjusting of maintenance holes, ditch inlets or culverts, and water valve box adjustment. Rudell Road Sidewalk, Newcastle If any fill material is required on the boulevard, it shall be obtained form the surplus material stockpiled on the site of the Newcastle Recreational Facility. Boulevard grading shall match proposed grading on the aforementioned site at the existing Rudell Road right-of-way. In addition, the removal and relocation of the existing mailbox is to be carried out by Canada Post. CORPORATION OF THE MUNICIPALITY OF CLARINGTON CONTRACT NO. CL2008-9 STANDARD DRAWINGS STANDARD DRAWINGS CONTRACT NO. CL2008-9 Page 1 of 12 ~ " 8 .... w " Z m 0 . W!J! '" 0 g~Ei E !i . ilio z ~ 0 ~~g 0 . 0 .... 0 . .E ~t= Ie , zm~ E " ;:: . . .. ...." ~ ~~~ '" '" " ~..:s . ~ o-z ~ ~ . gw..J " til S~~ 1 ~ 0 i N"'", 'J 0 , .~ ~ 0 .... \ ~ '" ~Zc ." . . " "::> w :g ~ 0 "'0 "-0 " '" " '" " ,,- .... 00. G> I Of ;:'" ~ (ij 'j ~ .~~~ . '" ; w" , ~ ~ ~_z ~ a> ~ ~ ~~<lO ; ~ Ci ""0 in , , 9 ----....".........1 f-- . . ,..,,'~:C:-~ ' ---- .."....---T'..............------- ; I "I '~ ! " " i ;fj ~~~ ;:11: Olt ~-'~~l~' w .... .... '> z " '" ;: o m . ,~; ---~~~ I W ... ... S;" z " '" ;: o m:;; ~ ;;; Ii ,.~~~. 0 -:-"... .~._.-. "': ;'::! ;: I ~ ' / STANDARD DRAWINGS CONTRACT NO. CL2008-9 Page 2 of 12 w a .... N Z , CD m C<- W'" VI g l2~o:: " Ii "z z J , ~ ] wO , ~~~ " .~~ 0 ~ i .... ~ ~ ~ ~I u;:: ;:: ~~!!2 ~ ~ .. ..:'ig ~ ~ 0 ~ c 0" . 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M Z , ~ ~ w" ., g Ow 8 i '"z z ~ g I-Ia:: ~ <3 .co ~ wO 0 I ~ ... c>c . 0;:: ;:: z.~ 0 ! ~ 5'" ~gl- ~ . -' ~..g <( , ~!!,l~ ~ ~ I ~ u 5~- ~ gw...J 0 [b~~ 1 1 N"'., " ...J ~ tiC" ~ ~1 "'=> ., t :i ~Zc "C "'0 W ~-u C u; " ~ "'- (~ !:: 00< 4> I ;:'" ~ , ~~~~ g> . Of ~ ~~ ~., . ! , i ~ s 2 , w .~. g~[8 ...J i in ~ , ~ .. peolJ.il"p~ w -~. ...l .... ., '" ~ w z ~ 1 Cl z :E, on: c!" w. w ., STANDARD DRAWINGS CONTRACT NO. CL2008-9 Page 4 of 12 .; I;i~~~ !! l~M! i ~ !lU!! I ~ mm !~ ~]~I'I"I"III,\ ',-1 ~I ~ t ~ a ai~! ~ ., -, ] I- W W eo U? ~j (.) o '-' :J o U? I I \ I ~i, hi ~ \ i i W ' i " I ~, , I ! 11 'I I ,i : I I I' I! ~ \ I : ' 1 ,I'o~rl '~ I, ~ il] I..I'I! !i! ~ il', I , 1: I t: 11 ~ II . ,. !i : 11 Ii: : ii ..". i .\ "i \:\. j , I ;7 \\ 1-+-.. ~ ~ ~~~. I $:-1.\- ! - '. ">1 I Ii --,....' ,Ii . ..1JL _ ./ ., _. .-t'-~ II !. '"-l :s~ ~ ~~ :.=:!....< ~ IJ) ~ tJ~~ ~!i CS'I ~Cl'" ' ;::;.:ttr 0ifiS.:' t. ii '5;18~~il!1 '''I ~~z ~ ~ ~~;:l~ Ii.. ~ 0...0 ~ ~ 8 .' r ... Il, !' ------- i __~ ~ \\ . \\ I ~. lij -, Ii II : d . I' J'l" I ' u "'. I , , f' _ I /' !i !ill I Ii 11-: i !:1-..- i' \ ~ II 1'1 U r JI ~ 'II , L 1V; l- !i ~~ w I ~ ~ _ 2}.J tJ; J ~ ~:jl ~\ i~ ~ 1" f( ;;~!~'i '\ r,;1. Ii ! I ii I ;/ I \ ''''''''-'''is :wJl!"....,.,,:as 3..,,,,,t"'" I: , , i J 'I I I I I STANDARD DRAWINGS CONTRACT NO. CL2008-9 l~ o,! '" II In :~ n~ ~. Baa I~~i !]! i,dl ~i~: ~ tT''-O.....u; ~:~'..' ',e ;g N".,.,=Sl3S AIIlIO\l'..:! NOLL 'V3~::)3Cl ! 01 3;JNIfe!1 N3 : ~ ~ drd. '1'_, I II "\ I," I \ I I o "'" a .Ct: I ; =l 1 !iW , II !5 i510:::: 11 ! II ! I, 'i . I , " I AlIl10V'.:i NOll ';I3{:l:l~ it 01 3::)NVlliN3 1'-:'1I~ ~l\1!: i<o' , !ol- ij II ! ! ',I fl' I'il . iil ~~i !'i 'I:' . " , , , ,!I -:)! I --1 . l "ON "AMH ; S.C>NI~ 3Hl T "-= i! !~ :t ill ! I I I I I,~ ~ ~ . e ~ . , ~l'" If"; ~ ; :. :; I ~ ." , .il '. . ~i Ii: 'I" j, I '! ~e---,i' ,.~ "I : ii, " !, "' , , , ,i ill I i It "is OeJ'fM03 11m., '11..t= ,I ri! ~I~'" ILl ~,,:, ~ -. ~-= Page 5 of 12 :::::: ~,..: ~ ;,d~ ~ <" I'" ~ ~~!i ~ ;~ ~ 002 -hf ~Vig ~ t ! -1.....0. ~ I "i:: g~tii . ~ ~r e::~~ 1 ~! [~j~'!j-~ . , o ."'" i. 0 Ct: ! ; rm~ '. "I I " Id' i. ' , i I I ~ i III I. '~I i ~~I! ! ~ ~~ I~a~ ; o~~ 1i!l~8! 3"malYi'l STANDARD DRAWINGS CONTRACT NO. CL2008-9 Page 6 of 12 .....",......,... """""""""'" (t.oot 6.Om) ~'"''''''''''-'''''' ,... If _,........U\"~____ I ~ " _~_l.JfE_____ Sl1IlU .... ....,"" N't'JlGl(Hp"Yrtfa- _llIIN"" _ ....-x . ..... .~. ~ * lliOmmGPIHlJl.Ht",."OR CRUSHER IM4 l..IloIt'S1Ol€(COW'JoCTtD) -"""'- SIDEWAlK SIDE OF STREET ",,,,.. .1,;._ ;:-~",~:~'_:-_"",=." ,.;~.:~'<'r~~ IoIIL 1:5Omm GltNIJI.Ht "A. OR CRUSHtR RUN lM:STQtI[(COWIC1tO) """"""- NON SIOEWALK SIDE or STREEf M AI dlm...-'On. QA In mm""-frM ...rn"' olttenl,. nottd. 101 allty of Clarln ton En neerin ... -- DRIVEWAY APPROACH FOR RESIDENTIAL DRIVEWAYS Sl1IlU .... Servioea De artment -... -... C-309 STANDARD DRAWINGS CONTRACT NO. CL2008-9 -""""",.,''''''''''''''''''"~ JQINT$AHO Ml[RE SlOE.WIIlJ( AIMS /lHi IlIIllD m,,,"'" - - CONeflETt----- ''''-L coIfJfLlCllQNJOIfIS(TYP,) .., ." ~ I ,. " . ..- '.' .. . '", :',",:-"; " ,- 15lJmrnillTllRlYEWAYS ~lu..n...[1M'llrIM. (sttN01tS1ANl)2) IlQJES 1 Use l00rnm compacted wanuldr 'A' if notive material is deemed l.lnocceplable by the Municipality. :l Subgrade material to be well compoded, then dampened lmmed'lOte!y prior to pouring sidewolk. ;} Concrete shall conform to QPSS specifications (.30~Po, 7% ;t 1.5~ oir). 4 Curinq compound to be sprayed 011 sidewalk within 1 hour of finisnlng. 5 Expansion joints to be be pklced full depth of sklewolk. 6 Contraction joints to- be 25% of full depth of sidewalk. 7 Surfoce of sidewalk to have (I broom finish. All dll'Mn_. un In melru \llll_ 0111_," noI'" n e. Serricea De arunent .....~ -- STANDARD CONCRETE SIDEWALK C-307 Page 7 of 12 STANDARD DRAWINGS CONTRACT NO. CL2008-9 Page 8 of 12 <II l> C)>'O'TJ ~ ="1)0 if (J)"" ~9lo(') 3 I 0 ~~ ~~ J'CIJ 00 ell -'. 0 ~ g ~!:': iiJofJJ 9g ~o , 0~ =r ~ 5' ?~ 3' ~ " ~ ~ o o ;0 < ~g >Z -<n ;0 rrIrr1 Z-I -IrrI ;0 >VI Zo nrrl rr1:::e 0> rr1' -I^ > , VI o ""tI VI o ()l ...... 0' ~' ~ ~z aa.)>.~ (\'I ~'''''''M ~~ g v.>> 003 3~ 3 3. ~ , ~o if[ ~g ~Q. , -, ~ , 0Q. 0C o ~s: ~Q. 0- ~ ~ .~ . 1II ,., o -f olf ;~L' '::11 ~ '" '; ~~ ~ :; 6 ..., ., ~ -1 z o i> r ~ z g ;0 o o ~ Z ~ G) 0 :::! o z o Z I ~ 0 tv o o '" " ~ < " ~ '. ':" \ i:; ",.': " , ~ '. .. 3 ., 3' .:' VI 5 ~ 1II.... ,.,'" ~~ -.... 0>= zg ~.... I to ",,' ~g .... '" < l> '" , o ..~ I--, -iz..... v~g: . 3 -3 I VI 5 1II~ ,.,.... 0'" ::!.. 0::; z>= OlD .g 0.... ~ '" o ~ ii' ~ ,> " " '. ~ , .a a~. o'g: 00 o 0 o a . ,', a v :.:-: I ":'f". ~. ~ " , ; ... ~ ~ 'f,":, :'- " ":~ > ", . .~ '" " ~ " a 0 o a a~ :~ aa ~. ~ H " .... c .... !< o '" " '" '" 1IIl:l 68 ,., ~ r ,,.. !i it '" 0 " . a~ ~ o' o 0 " . . " 0' o ~o~ Q.3~ ~.!!Q ig.;;;: QQ.~ m ~a~ .~. ~li 00 .~ ~ o '" <: ~ oo!:!1 _ ~3f ~.~~ ~ ~;-3 ~ '~a z Hi!. 0 n go PI ,,~ I ~ ..., !j;" zl> "'l > ~ o '" " ;0 '" VI VI '" o o '" 3 3 " o ~ ~ o o a ~ S ~ o ~ ~ o o a ~ ~ ~ 1.5m min '" 3 3 " t t o r+ 1.5m min I!' c , ~ a o g a " 0' o o ~ " o o ~ o " c' o !j' j~ "'~ .' . a ~ ~ STANDARD DRAWINGS CONTRACT NO. CL2008.9 r DISlItIGSUFlfNXIISfIW.T TO" ........ f'RQPOS[D PA\'O<<KT ........... IlL. [OGD 10 8[ pMflm lWIH A """""""........ SECTION A-A All "m.naIon, ~ ,,, tnlmm,ln, ""r... otfl,,..I.. noted. M: 01 aUt of C1arln ton ...... -... 10.. """"" DlSDOO 'A>U400 ElllSfNJPA'oDIENT En neerin Services De artment -.... -.... SURFAcE PAVEMENT JOINT TREATMENT -... -- ~ C-311 Page 9 of 12 STANDARD DRAWINGS CONTRACT NO. CL2008-9 DRIVEWAY DIMENSIONS WIDTH lAND USE m RADIUS One-Wo)' rwo Woy m min mox mil" mox min mox Ught Industrial 4.5 7.5 7.2 12.0 4.5 12.0 Commercial and A crtment Heavy Industrial 5.0 9.0 9.0 15.0 6.0 15.0 I r600mm m;o I,--'- Dropped turb ~ DETAil A See TobIe 1b~ Left 3.0m min. turn if required lone ---- BoullilV(]rd Concrete curb or curb cnd gutter. for entrance without curb or clJrb and glJtter see Detail A R=~.Om ror tight industrial commercial ond oPQrtment entrances on 2 tone roods PLAN 600mm t'hir, R=I3.0m fOf all heovy industriQI entrances. and for <:ommerciol and apartment entrances on .. lone foods. i r Side\fOIK Joint "",. Subbase Subdro. NOTES: A All dimensions ore in millimetres unless otherwise shown. ONTARIO PROVINCIAL STANDARD DRAWING URBAN INDUSTRIAL, COMMERCIAL AND APARTMENT ENTRANCES April 1999 Rev A ~ OPSD 350.010 Page 10 of 12 ... STANDARD DRAWINGS CONTRACT NO. CL2008-9 Page 11 of12 A,. I r p l C",bood""" EntrQflce 300mm I JOOmm mln A~in PLAN . Sub/xlse ;.-' Subdr-o.! ISOMETRIC VIEW 6-'; 1'10/, I r,.omI,.om,lJ" SWvoo~d .n~on" SAG SWTEnlrcnce at, Not I " I 4"". Note 1 4%mox B:; mOll' 2 4% Note 2 CREST 6~. Note . "". 2 SECTION A-A .'" Dropped curb DRIVEWAY DIMENSIONS WIDTH LAND USE m NOTES: 1 Moximum upgrade sholl be 10%. 2 Moximum downgrade sholl be 8%. A All dimensions ore in miltimelres unless Sin Ie Ooub e min mOle min mOll Residential otherwise shown. 3.0 4.3 6.0 7.3 URBAN RESIDENTIAL ENTRANCE April 1999 Rev f) . .. ---------- s , ---------- - ONTARIO PROVINCIAL STANDARD DRAWING OPSD 351.010 STANDARD DRAWINGS CONTRACT NO. CL2008-9 Page 12 of 12 Concrete sidewalk Typ Note 1 Expansion joint material race of curb Typ Curb Typ CATCH BASIN Utility appurtenance Exponsion joint Note 2 Exponslon joint moteriQI Note J UTILITY APPURTENANCE Expansion joint Note 2 Hot mix asphalt Note 4 Pole Provide 0 minimum of 100mm deoronce around pole UTILITY POLE NOTES: Expansion joint through sidewalk is required when curb and gutter is poured integral with sidewalk. 2 Adjust joints to coincide with centre of utility, with minimum slob length of 1m. 3 Expansion joint material sholl be placed around Utility oppurtenance flush with concrete surface. 4 For concrete alternative use expansion joint material around boxout. A For expansion joint detail, see QPSD-310.010. 8 All dimensions ore in miltimetres unless otherwise shown. UTILITY ISOLATION IN CONCRETE SIDEWALKS ONTARIO PROVINCIAL STANDARD DRAWING Nov 2005 OPSD 310.040 ~ CORPORATION OF THE MUNICIPALITY OF CLARINGTON CONTRACT NO. CL2008-9 OPS GENERAL CONDITIONS OF CONTRACT (November 2006) , I I i I t THE OPS General Conditions have not been reproduced as part of these Contract Documents. It will be the Contractor's responsibility to obtain current copies of these documents.