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HomeMy WebLinkAbout2010-097THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2010-097 Being a By-law to authorize a contract between the Corporation of the Municipality of Clarington and Ashland Paving Limited, Concord, Ontario, to enter into an agreement for Surface Asphalt, Various Locations. 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, Ashland Paving Limited, Concord, 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 12'" day of July, 2010. By-law read a third time and finally passed this 12~' day of July, 2010. CORPORATION OF THE MUNICIPALITY OF CLARINGTON SURFACE ASPHALT, VARIOUS LOCATIONS CONTRACT CL2010-5 JULY 2010 ~/~~' n -.Leading the waJ~ Clarin n Leading the Waq~ Municipality of Claringto EXECUTED CONTRACT______ AGREEMENT BETWEEN THIS AGREEMENT made in quadruplicate ASHLAND PAVING LIMITED ~ ~• of the City of o ~ e and rJGO2D Hereinafter called the "Contractor" Province of Ontari 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 Best abourfoa dlother means of constructounnand to the sati actionhof the tools, equipment, supp 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 asaulnandtcompletelylto alW nltents and purposes as t ugh al~the stipulatonsphe eof haveebeen Y embodied herein. Page 1 of 3 Pages DESCRIPTION OF THE WORK AND LIST OF DOCUMENTS Municipality of Clarington Contract No. CL2010-5 Surface Asphalt, Various Locations AGREEMENT SCHEDULE (A) SCHEDULE (B) SCHEDULE (C) SCHEDULE (D) SCHEDULE (E) SCHEDULE (F) SCHEDULE (G) SCHEDULE (H) SCHEDULE (I) SCHEDULE (J) SCHEDULE (K) SCHEDULE (L) SCHEDULE (M) TENDER FORM STANDARD TERMS AND CONDITIONS CONTRACTOR SAFETY CONTRACTOR PERFORMANCE EVALUATION INSTRUCTIONS TO TENDERERS SPECIAL PROVISIONS -GENERAL SPECIAL PROVISIONS-TENDER ITEMS DESIGN GUIDELINES STANDARD DRAWINGS AND KEY MAPS STANDARD SPECIFICATIONS NOTICE OF NO BID QUESTIONS FOR CLARIFICATION ADDRESS LABEL 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 October 31, 2010. IN CONSIDERATION WHEREOF said party of the second part agrees to pay to the Contractor for all work done, the lump sum 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: ASHLAND PAVING IMITED ~RA~K TAROU~.t p,4E5~O~i.1T Date in the presence of ° ~1'~w . 3 , o?Di o Date SIGNED and sealed by the Purchaser: CORPORATION OF THE MUNICIPALITY OF CLARINGTON Jim A et , M ~Q.t-.fawJ ~ ~n. ~C lb-_ _ _ Date ~ -- - ': - in the presence of -! ~ _-- Patti .~B ie, Cler --_ - __ ,U ~~-~ ~Ul O - Date Page 3 of 3 Pages THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING DIVISION SURFACE ASPHALT, VARIOUS LOCATIONS TENDER FORM PROJECT: TENDER FOR CONTRACT NO. CL2010-5 SURFACE ASPHALT, VARIOUS LOCATIONS AUTHORITY: CORPORATION OF THE MUNICIPALITY OF CLARINGTON CONTRACTOR ADMINISTRATOR: CORPORATION OF THE MUNICIPALITY OF CLARINGTON ENGINEERING DEPARTMENT 40 TEMPERANCE STREET BOWMANVILLE, ON L1C 3A6 Telephone: 905-623-3379 Fax: 905-623-3330 TENDERER: Ashland Pavina Limited Name 340 Bowes Road Address (include Postal Code) Concord. Ontario L4K 1 K1 (9051 660-3060 (9051 660 4615 Telephone and Fax Numbers Frank Tarauini Name of Person Signing President Position of Person Signing TENDERS RECEIVED BY: Mrs. Patti Barrie, Clerk Corporation of the Municipality of Clarington Municipal Administration Centre 40 Temperance Street BOWMANVILLE, Ontario L1C 3A6 Page 1 of 2 Pages THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING DIVISION SURFACE ASPHALT, VARIOUS LOCATIONS TENDER FARM To: The Mayor and Members of Council Corporation of the Municipality of Clarington Re: Contract CL2010-5 Surface Asphalt, 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 deleted entirely if found not to be required. Attached to this tender is a bid deposit in the amount specified in Clause 5 of the General Terms and Conditions, 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. post) addressed to thetContractor at he address colnta n din this Tender.greement made by prepaid Page 2 of 2 Pages THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING DIVISION SURFACEASPHA6T,VARIOWSLOCATIONS - -- Page 12 of 90 SCHEDULE (A) TENDER FORM (continued) ITEMIZED BID in accordance with the first paragraph of this. Tender, the Contractor hereby offers to.complete the work specified for Contract No. CL2010-5 for the following unit prices. Spec- No. - The numbers in this column refer to the applicable issue of the Ontario Provincial Standard Specifications SP - Refers to Special Provisions MOC Refers to Municipality of Clarinaton Design Guidelines and Standard Drawinos Item No. Spec No. Descri lion Unit Unit Quanta Price Total SUMMARY Total Part A -Beech Avenue (Bowmamilie} ~ `{-~ f6;5, Total Part B -Elgin Street (Bowmanvilte) LS `~ ~}. Total Part C -Hunt Street and Albert Street (Bowmanville) i ~~~~ . -~ Total Part D -Church Street and St. George Street (Bowmanville) i -, =1c ~~~~ Total Part E -Baldwin Street and Church Street (Newcastle) ~r ~ . - -'~ 7_-; Total Part F - Longworth Avenue Extension {Bowmanville) t$'~ f~ , cS Total Part G -Ovens Road (Newtonville) b,-, ,ris i CIS Total Part H -Asphalt Cement Price Adjustment $15,000.00 Total (excluding HST) ~s2 ~~ , NST (13% of Total) 4~ ~ i~ , 3 TOTAL TENDER AMOUNT ~~ ~ ~• Tenderer's N.S.T. Registration ND.: ~ ir';~-,~~i; ~~ "1 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING DIVISION _. SURFACE:ASRHALT,.VARIOUSLOCATIONS - Page 16 of 90 SCHEDULE (A) TENDER FORM (continued) The Bidder hereby acknowledges receipt of the following Addenda to the Bid Documents: In"als Addendum No. ~ . Date of Issue -»~Z~D Addendum No. Data of Issue Addendum No Date of Issue Failure to acknowledge all Addenda issued may result in the bid being rejected. By my/our signature hereunder, Ilwe hereby identify this as the Schedule of Tender Data, Plans and Specifrcafions, for Contract CL2010-5, executed by melus bearing the date ~_ day of w.J~ 2010 and 1;ve~mave:.(ully read all related documents including addend R to f to tender data as listed aPbove. "' '" SIGNATURE: _ POSITION ` ~-~ T NAME OF FIRM ~,f~ \ ~1.11~ ~1~ _ (COMPANY SEAL) Prlvacv Legislation 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 fhe owner to disclose this personal information to the Engineer (owner or agent) for the purpose of evaluating our bid. In the event that fhe tender is sudcessful, this personal information may also be used in project administration, for contact purposes. (This Form shall be completed and attached to the Tender Submitted) THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING DIVISION __ SURFACE ASPHALT,-dARIOUSiOCAT1ONS - - - - Page 3 of 90 SCHEDULE (A) PROJECT: MUNICIPALITY: TENDER FOR CONTRACT NO. CL2010-5 SURFACE ASPHALT, VARIOUS LOCATIONS CORPORATION OF THE MUNICIPALITY OF CLARINGTON CONTRACTOR ADMINISTRATOR: CORPORATION OF THE MUNICIPALITY OF CLARINGTON ENGINEERING SERVICES DEPARTMENT 40 TEMPERANCE STREET BOWMANVILLE, ON L1C 3A6 Telephone: 905-623-3379, ext. 329 Fax: 905-623-9262 TENDERER: .}~~~ Q,j~t~G l-.!~ Name 3~0 ~cwt~ Address (include Postal Code) ~~ r Qty"-~21o t~} K 11< i, Yo~~, °I~ - 66~ _ 3~ao ~~. °~= C-~bo -615 Telephone and Fax Numbers TENDERS RECEIVED BY: TENDER FORM ~Il1r~~iI~Q ~ tw! 1 ~~f ulraa ' A.~t..~u fv11 N(a~me o-f Person igning Yom. O~wT-: ~yTytM- ~ ° .bL Position of Person Signing Mrs. Patti Barrie, Clerk Corporation of the Municipality of Clarington Municipal Administration Centre 40 Temperance Street BOWMANVILLE, Ontario L1C 3A6 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING DIVISION .. _.. __. __. _. _. SURFACE.ASPHALT,.VARIOUS-LOCATIONS - - - --- Page 5 of 90 Ci2010-5 SCHEDULE (A) TENDER FORM (continued) ITEMIZED BID In accordance with the first paragraph of this Tender, the Contractor hereby offers to complete the work specified for Contract No. CL2010-5 for the following unit prices. Spec. No. - The numbers in this column refer to the applicable issue of the Ontario Provincial Standard Specifications SP - Refers to Special Provisions MOC - Rafers }O Munininality of Garinnlno ne~~.,., n_~.~w,.c___ __~ ...__~-.:. _. Spec _.. _ _ _. ... _............. o..v .rta~ ism u v~ awn r 5 Item No. No. DescH tion Unit Quantit Unit Price ~ Total PART'A': BOWMANVILLE -BEECH AVENUE SURFACE ASPHALT 1 310 510 Partial Depth Asphalt Removal 2 SP (40mm} m 2 ~Z 2Z - /~ 2 310S,P 10 Removal of Asphalt Ramping LS 1 ~ ~ L 3 510 SP Removal of Curb and Gutter (Atl ~ Types) m 10 41.'x' 00 qiz'- 4 408 SP Adjust Maintenance Holes, ~ Catchbasins and Water Valves ea. 11 2x3 ~ 3 5> 5 35OSP Concrete Curb and Gutter (Ali Types} m 10 ~ ~ ~ (~ 3 6 MOC, Hot Mix, HL3 (40mm} including Tack ~ ' ~a Uri j 2 310 SP Coat t i 20 ~ • ~ 7 570 SP Topsoil (Imported) m2 15 ~i~, ~ ~ 'i5 ~3 ' - 8 571 SP Sod (Unstaked) m2 15 ~ ~5` `FS I ~5 ? 2 j ( Total Part 'A' (Carried to Summary} __ _. _3c I t i~3, k5 "~t'~t' ?' , THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING DIVISION _. _ _ _ _ SURFACE kSPHAt:T; dARtOUS LOCATIONS _,,. Page 6 of 90 CL2010-5 SCHEDULE (A) TENDER FORM {continued) ITEMIZED BID _ In accordance with the first paragraph of this Tender, the Contractor hereby offers to complete the work specified for Contract No. CL2010-5 for the following unit prices. Spec. No. - The numbers in this column refer to the applicable issue of the Ontario Provincial Stangarq Specifcations SP - ReterS to Special Provisions MOC Refers to Municioali[v of Ctarinatnn naainn r;idnoiincc and CrnnrVo.~V n.~,.,~.,,.~ Spec Unit ; Item No. No. Descri tion Unit Quanti Price Total PART'B': BOWMANVILLE -ELGIN STREET SURFACE ASPHALT 1 310, 510 Partial Depth Asphalt Removal s 9E za SP (40mm) m 260 I{,~ ~!`~3'~ 2 510 SP Removal of Curb and Gutter (AII m 55 2G c~ Types) 3 408 SP Adjust Maintenance Holes, C ea. 38 5 ~ atchbasins and Water Valves ~~ ~8c , 4 3530SP Concrete Curb and Gutter (Ali Types) m 55 ~ ap , 5~ 133:' f t ~ ~~ 5 310 SP Hot Mix, HL8 including Tack Coat t 5 zr~ ~, zS 8 MOC, Hot Mix, HL3 (40mm) including Tack 310 SP Coat t 425 S`~ ab ~~ %3E 50 7 570 SP Topsoil (Imported) mZ 25 t`~ ~ 3~E, 25 8 571 SP Sod {Unstaked) m2 25 (~,~ ~g~, , ~ Total Part 'B' (Carried to Summary) ~ ~~ THE CORPDRATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING DIVISION - - - Si9RFAC£ ASPHACT;'VARIOUSLOCATIONS Page 7 of 90 CL20tp-5 SCHEDULE (A) TENDER FORM (continued) tTEMIZED BID In accordance with the first paragraph of this Tender, the Contractor hereby offers to complete the work specified for Contract No. CL2010-5 for the following unit prices. Spec. No. - The numbers in this column refer to the applicable issue of tha Ontario Provincial Standartl Specifications SP - Refers to Special Provisions tV}~ - Re4erC !n I,Aunicinatifv of Gerinnlnn Ibdnn n..u•.c.......,~. ca~~~__~ .._-..: ___ _. _ _ ___.. ._.. ___. ......... ...~~...., ..~~.. . ..a~~..aw .+iaw m a Spec Unit Item No. No: bescri tion Unit Quantit Price Total PART'C': BOWMANVILLE • HUNT STREET AND ALBERT STREET SURFACE ASPHALT 1 310, 510 Partial Depth Asphalt Removal 2 SP { ) 46mm m 116 1~,3? t2 ~ 3E 2 510 SP Removal of Curb and Gutter {Ail m 95 a~ rc TYpes) ~! ~ r, ~~, `~ i ~ - 3 408 SP Adjust Maintenance Holes, ea 43 s ~ itis ~ Catchbasinsand Water Valves . ~~< - '~ gill 4 MOC, 353 SP Concrete Curb and Gutter (AII Types) m 95 ~C ~ 5~ Imo, f~,?~}" 5 MOC, 310 SP Hot Mix, HL8 including Tack Coat t 5 ZS - ?-~ . )~, ~~~ 6 MOC, Hot Mix, HL3 (40mm) including Tack t ~`t 310 SP Coat 725 52'~" zS ~ F„ ~1 `,rx.~ 7 570 SP Topsoil (Imported) m2 85 ~ ~ sib ~ ~~,' - Ir~v?~~ 8 571 SP Sod (Unstaked) mZ 85 ~ ._. .~U IZ- ~ ~, {,~j`t Total Part'C' (Carried to Summary) q 77 i~.c`~ , THE CORPORATION OF 7HE MUNICIPALITY OF CLARINGTON PURCHASING DIVISION __ _ SURFAC€ ASPHALT; VARIOUS LOCATIONS _ __ Page 8 of gp SCHEDULE (A) TENDER FORM (continued) ITEMIZED In accordance with the first paragraph of this Tender, the Contractor hereby offers to complete the work specified for Contract No. CL2010-5 for the following unit prices. Spec. No. - The numbers in this column refer to the applicable issue of the Ontario Pravincial Standard Specifptions SP - Refers to Special Provisions MOC Refers in Munieinalily nE Chrinnrrv. rlvefnn G~dwer.,e...,..w e.,,..a_..a ~-_...___ Item Spec _. _._ _. _.__.. ._.. ___... __........~..., ... ~.. .,.o~~,.o~,. ...~a ..,,, e Unit No. No. Descri tion Unit Quanti Price Total PART`D': BOWMANVILLE -CHURCH STREET AND ST. GEORGE STREET SURFACE ASPHALT 1 310, Partial Depth Asphalt Removal z ~ 510 SP 40mm rn ~ 40 ~~ ~ ,~~~ ~, 2 510 SP Removal of Curb and Gutter (All m 16 z*~ ,~ - ~ T es ~}i, - ~~ • - 3 408 SP Adjust Maintenance Holes, ea 15 ~ z~. Catchbasins and Water Valves . ZT2. 4 4 HOC, 353 SP Concrete Curb and Gutter (All Types) m 16 `e V3~ •' ~- !4~ ` ~' HOC, ~ Hof Mix, HL3 (40mm) including Tack ~ 5 310 SP • Coat t 280 ~~ ,~~ ' j ~ ~ 6 HOC, Provisionailtem ~, 532 SP Pavement Markings-Durable m 20 ~r Z`' a t00mm Width -Yellow ,3 b) 100mm Width -White -Solid m ~ 25 ~i • zS ~ ~ c) 450mm Stop Bar m 5 ~ ~~ zz ~~ i~ 7 570 SP Topsoil (Imported} m~ 15 ~<~-s ~~~ 8 571 SP Sod (Unstaked) mz ~ 15 '~ ,-i-~ , ~<5 3es, 3~5 u - ~ I Total Part'D' (Carried to Summary) i~- THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING DIVISION __.. ..... ___...:.:SURFACE:ASPHALT, VARIOUS-LOCATIONS - -- -- - -- Page 9 of 9p CL2010-5 SCHEDULE (A) TENDER FORM (continued) ITEMIZED BID in accordance with the first paragraph of this Tender, the Contractor hereby offers to complete the work specified for Contract No. CL2010-5 for the following unit prices. Spec. Nc. - The numbers in this column refer to the applicable issue of the Ontario P}ovinciai Standard Specifications SP - Refers to Special Provisions MOC Rete~s to Municipality of Clarington Design Guidelines and Standard orawfnne Spec Unit Item No. No. Descri tfon Unit Quantit Price Total PART'E': NEWCASTLE • BALDWIN STREET AND CHURCH STREET SURFACE ASPHALT 1 31 SP 10 40m' mDepth Asphalt Removal ( ) m' 140 ~1,'J~ i ~7.~ _~ ~ _ , 2 510 SP Removal of Curb and Gutter (All Types) m 60 , ~ U ~ ~. ,~ ~, ~~ ' 3 408 SP Adjust tAaintenance Holes, Catchbasins and Water Valves ea. 43 ~7. ~~ ((; ~ ~ ~ r 4 MOC, 353 SP Concrete Curb and Gutter (Ali Types) m 60 ~'?2 ~ ~3~ t 5 MOC, 3fO SP Hot Mix, HLB including Tack Coat t t0 }7't,~, (\~:" ~,~~L~O 6 MOC, 310 SP Hot Mix, HL3 (40mm) including Tack Coat t 545 ~~ ~i~ ~'~i~-° MOC, 7 532 SP 450mm Stop Bar m 4 f -~,? ~~ ~c~ ~:, , 8 570 SP Topsoil (Imported) mZ 25 ~~~'~ -~~3 ~~~~- 9 571 SP Sod (Unstaked} m2 25 t cA, ,5~ ~-- '~- Wit; Total Part'E' (Carried to Summary) ~ --t ,~ ;~ ~7.~ THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING DIVISION SURFACE ASPHALT; VARIOUS LOCATIONS _ _ _ _ Paget 0 of 9D SCHEDULE (A) TENDER FORM {continued) ITEMIZED BID In accordance with the first paragraph oP this Tender, the Contractor hereby offers to complete the work specified for Contract No. CL2010-5 for the following unit prices. Spec. No. - The numbers in this column refer to the applicable issue of the Ontario Provincial Standard Specfications SP - Refers to Special Provisions MOC Refers to MunicioaliN of Clarinamn naelnn [;i arlarnne nnn sro~,~~.n n.~,.,~.,,.e Spec Unit Item No. No. Oescri tton Unit Quant Price Totat PART'F': BOWMANVILLE - LONGWORTH AVENUE EXTENSION SURFACE ASPHALT 1 310, Partial Depth Asphalt Removal m' 220 3z 510 SP 40mm ~ I , -- ~ :}c~~j ° - 2 ' 310, Provisional Item: Full Depth Crack m 65 y ~ 510 SP Re air with Small Grinder ~• - ~ ~i, 3 310' 510 SP Crack Repair with Small Grinder m 32 '~ -s ~` - ~ ~~ ; g ~ 4 510 SP Removal of Curb and Gutter m 14 % a ~,~,g • i~ 5 408 SP Adjust Maintenance Holes, ea. 12 k <`~- ~ - . ~. Catchbasins and Water Valves r~ .~ ,~ 6 MOC, Concrete Curb and Gutter (All .~ . 353 SP T es m 14 f3?,£ j j}rl,~ 7 MOC, Hot Mix, HL3 (40mm) including Tack t ~ , kG 310 SP Coat & Padding 3 8 MOC, Provisionalltem 532 SP Pavement Markings- Durable m 23S I rl i 3`~ a 100mm Width -Yellow ~• - ~ S48' b) 100mm Width -White -Solid c 100mm Width -White -Dashed m 80 3. ~ Zz45-= d 450mm Sto Bars m 15 ?6,? ~}3~ l-- e Traffics mbols ea 2 ZCs~'"= II2 "-'- 9 570 SP - Topsoil (Imported) m~ 20 ~, , ,~ ~ an ~ ~ ~. 10 571 SP Sod (Unstaked) m2 20 i `~ ~. ~~ 7. j 7ota1 Part'F' (Carried to Summary) ~ p5" Sg ,~I. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCF{AfiING DIVISION __ SURFAGEASPHAtT;VARI0U5tOCATiONB Page 71 0/ 90 SCHEDULE (A) TENDER FORM (continued) ITEMIZED BID In accordance with the first paragraph of this Tender, the Contractor hereby of#ers to complete the work specified for Contract No. CL2010-5 for the following unit prices. Spec. No. - The numbers in this column refer to the applicable issue of the Ontario Provincial Standard Specifications SP - Refers to Special Provisions MOC - Refers to Munici alit of Clari ton Desi n Guidelines and Standard Drawin s Spec Unit Item No. No. Descri tion Unit Quanti Price Total PART'G': NEWTONVILLE -OVENS ROAD SURFACE ASPHALT 1 310, 510 Partial Depth Asphalt Removal z ~ ` SP (40mm) m 19 '~ I~, ~' ' LS~b _ 2 510 SP Removal of Curb and Gutter (All -~ m 5 a ~- on ' - ~ ypes) ~ ~ 3 3 408 SP Adjust Maintenance Hales, ea 4 ~ • c~ Catchbasins and Water Valves . 4 MOC, 353 SP Concrete Curb and Gutter {All Types) m 5 ~ • ~ • -- I~ ~~ 5 MOC, Hot Mix, HL3 (40mm) including Tack ~ 1 i 310 SP Coat t 165 ~+ ~ ! ~ ~~~, 6 ~ 570 SP Topsoil (imported) mz 10 ~,, x ~ oL '~ • _. 7 571 SP Sod (Unstaked) mZ 10 ?~•' 0° „,A `~ Total Part 'G' (Carried to Summary) . 5 Z ~ fi. ~IS. PART'H': PRICE ADJUSTMENT -ASPHALT CEMENT ' 1 SP Asphalt Cement Price Adjustment LS 1 $15,OOD i $15,OD0 Total Part 'H' (Carried to Summary) ___.__.. S er i~~ G~L' ~ I THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING DIVISION .SURFACE ASPHALT; VARIOUS tOCAT10N3 Page 13 of 90 SCHEDULE (A) TENDER FORM (continued} AGREEMENT TO BOND (to be Completed by Bonding Company) Bond No. 8009658-68 WE, the Undersigned, HEREBY AGREE to become bound as Surety for ASHLAND PAVING 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 (900%) 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. CL2010-5 is accepted by the Municipality. 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 shat) be null and void. DATED AT WOODBRiDGE, ON this IS day of .TUNE 2010. THE GUARANTEE COMPANY OF NORTN AMERICA Name of Bonding CS~mpany Signature of Authorized Person Signing for Bonding Company BEN ABBINANTE ATTORNEY IN FACT, Senior Surety Underwriter Surety Division Toronto Position (This Form shal3 be completed and attached to the Tender submitted). THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING DIVISfON SURFACE ASPHALT, VARIOUS LOCATIONS ,,. __ _. __. _.. -.:.. Page 14 of 90 SCHEDULE (A) TENDER FORM {continued) BID 'S REFEREttN__CE--S Bidder's Company Name: ~~~LJl r~G ~7, Bidders are to complete the Reference Form and attach to their bid submission. Any quotation received that does not include the Reference Form may be considered as "informal" and maybe rejected by the Municipality. Please state the name of the company, address, phone number and contact person where similar work, service or delivery of products or materials have been performed within the past five (5) years. The Municipality of Clarington reserves the right to contact any or all of a Company's references. Reference #f Year Company CrTi C7F° 7~ca.Y Address Q~1'L16wL ~ ~v[Q'-~iO. Contact Person tMK, ~ Fl~4iEG..\s b Contact Phone Number ~-Q~(~ -~9 ^~~ ~t4' ~~'-~^~ Description of ContractProject (metal \rM~ei D~it~D Value of ContracUProject ~~ a-'Y~~-- Reference #2 Year ZO© Company ~CG'te. USt~~ Address ~~ °~ T ~~to Contact Person yd~v.. TtM 4a~wco4wt~ Contact Phone Number ~~b= ~''~- Zlao ~. 2a~3 j Description of ContractProject t ~cp.- ~iU.1:"~yli~ 1`M~Pia ~~~ Value of ContracUProject q Q'D~ Reference #3 Year 2'OO~ Company '(~ ~"( ~r bta~..~, Address `Za C--opt-lre>e ~+ ~'CI~, Contact Person M/1. ~~ KICK-G Contact Phone Number ~ ~-'"1~3j --.~("Z,'L+o ~i `'('S Description of ContracUProject ~ ~}5t 'Mtv- D?s-SCH~~-Y'o ZOa Value of ContracUProject ~ y ~~ ~Cj,}~ (This Form shall 6e completed and attached to the Tender Submitted) THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING DIVISION SURFACE ASPHALT,.VARIOUS LOCATIONS _ _, Page 15 of 90 C12010-5 SCHEDULE (A) TENDER FORM {continued) The work specified in the Contract shall be performed in strict accordance with the following Schedule: A. .TENDER FORM: General Pages 2 tc 4 itemized Bid Pages 5 to 12 Agreement to Bond Page 13 Bidder's References Page 14 Schedule of Tender Data Page 15 to 16 8. STANDARD TERMS AND CONDITIONS Page 17 to 28 C. CONTRACTOR SAFETY Page 29 to 37 D. CONTRACTOR PERFORMANCE EVALUATION Page 38 E. INSTRUCTIONS TO TENDERERS Page 39 to 46 F. SPECIAL PROVISIONS -GENERAL Page 47 to 60 G. SPECIAL PROVISIONS -TENDER ITEMS Page 61 to 67 H. DESIGN GUIDELINES Page 68 to 74 I. STANDARD DRAWINGS AND KEY MAPS Page 75 to 85 J. STANDARD SPECIFICATIONS: Page 86 to 87 It shall be the Contractors responsibility to obtain the applicable edition of the following Ontario Provincial Standard Specifications. OPSS No. Date OPS3 No. Data OPSS No. Date oPS3 Na. Date 127 A c 2009 314 Nov. 2004 353 Nov. 2006 532 June 7991 128 A r. 2006 330 Ma -1994 355 Nav. 2006 570 Nov 2007 18D Nov. 2005 334 Nov. 2007 408 Nov. 2007 571 . Nov 2007 206 Nov. 2009 341 Nov. 2004 421 A r. 2008 572 . Nov 2003 310 Nov, 2008 351 Nav. 2D05 510 Nov. 2009 577 . Nov 2006 312 Nov 2009 350 Mar. 1998 . K. NOTICE OF NO BID Page 88 L QUESTIONS FOR CLARIFICATION Page 89 M. ENVELOPE LABEL FOR SUBMISSION Page 90 The Contractor, by this Tender, offers to complete the work of this Contract in strict accordance with the terms contained herein. The bidder certrfies that it has met all of its obligations to comply with the Provincial and Federal Sales Tax requirements, so That is able to do business in Ontario. Yes No (This Form shall be completed and attached to the Tender Submitted) .5.' BOND NO: SOD4658-68 ASHLAND PAVING LTD. as Principal, hereinafter called the Principal, and THE GUARANTEE COMPANY OF NORTH AMERICA a atrporation created and existing under the laws c+f Canada and duly authorized ro transact the businass of Suretyship in Cartadn as Surety, hereinafter tailed the Surety; are held and firntly bound unto TtiE CORPORATION (1F THE YIUNICIPALITY OF Ci,ARINCTON as Obligee, hereinafter called the Obligee, in the amount of FIFTY "fHOU'SAND ----- 00/100 ..... . . ......Dollars ($50,[100.00) law-ful money of Canada, for the payment of which sum the Principal and the Surety bind Oiernselves, th¢ir heirs, executors, administrators.. successors and assigns, jointly and severally. WHP:REAS,the Principal has submitted a wrhten bid to the-0bligee dated the 17'x' day of JUNE, 2010, for CONTRACT NO. CL201 D-5; SURFACE ASPHALT, VARIOUS L,OCA'fIONS. Notwithstanding the conditions set out in the specifications, any final bonds issued will rover a two (2) year guuamee on materials and workmanship only, after substantial performance ofthe contract. T7te wnd[tion of this obligation is such that if the Principal shall have the bid sc-0epted within the time period peescribed in the Obligee's bid documents, or, if no time period is specified is the Obligee's bid documents, within NINETY DAYS (90) drays from the closing date asspecified in the Obligee's bid documents, and the Principal enters into a formal contract and gives the specified security, then this obligation shall be void; otherwise, provided rlte Obligee takes all reasonable steps to mitigate the amount of such excess costs, the Principal and the Surety- will pay tc the Obligee the ditJerence in money between the amount of the bid of the Principal antl the amount for which the Obligee legally contracts with anothe(party to perform the work if the latter amount be in excess of the former. Te Principal and the Sm~ety shall not be tiabie for a greater sum than the Bond Amount. It is a antditibn of this bond [hat anv Suit or action mast be wmmenced evit'hin seven (7} months of the data of [his Bond. No right of action shall accrue hereunder to or for the use of any person or corporation other than the Obligee named herein, or [he heirs, executors, administrators or successors of the Obligee. IN W!l"NFSS WkiEREOP, the Principal and the Surety have Signed and Sealed on.lune l5, 2010. and A$HLAtiD PAVIN(: LTD. Vrtnv s ~ s to 'ncipal Pntic al f 'I'HF. GUARAN"PEE COMPANY OF (~2TH A;NN;RICA /~ ~ / , . > ~ BEN'-AIiBiNA M1`TE,?~ttomey-in-Fact. BA St3t03')I -9056233330 CLARINGTON PURCHA 02:22:39 y.m. 06-14-2010 1f3 ~' idl".~~~lr~C~`~OIZ tesdiryr the wey l J Monday, June 14, 2010 VIA: EMAIL OR FAX ATTENTION: ALL BIDDERS Dear Sir/Madam: RE: CL2D10S-SURFACE ASPHALT, VARIOUSLflCATIONS ADDENDUM NO. 1 Bidders are hereby advised of Addendum #1. CURRENTLY READS: Schedule lA~- Tendet Form lPaae 10} Quantity reads 400 tonnes. SPee ~ Item Na. No. Dese UNt iNide ~odt PART'F': BOWMANVILLE - LONGWORTH AVENUE EXTENSION SURFACE ASPHALT I _ --- --- ~ MOC, ;Hot Mix, HL3 (40mm) including Tack t 400 310 SP Coat & Padding SHOULD READ: Revise quantity to read 460 tonnes. Item No. I No. ~ DKeeiolFwr Quuetlty Peie:a I Total i uptt PART'F'; BOWMANVILLE - LONGWORTH AVENUE EXTENSION SURFACE ASPHALT ~ MOC, Hot Mix, HL3 (40mm) including Tack 310 SP Coat 8 Padding --__'_- t 460 L__ i I 1 of 3 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWPAANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-3330 JUN-14-201U 15:15 905 623 3U30 4a:: c nn, -905 623 3330 CLARINGTON PURCHA 02:22.44 p.m. 06-142010 2 i3 _CURRENTLY:READSt._ _ _ sSchadula (Gl -Spacial Provisions -Tender Items (Paoe 631 Section E -Church Street and Baldwin Street (Newcastle) Pavement Width - 6.5m Remove temporary asphalt curb at catchbasins and replace with concrete curb to match adjacent curb type Rdjust catchbasins, maintenance holes and water valves as required H.L .3 - 40mm depth, including fade coat • Line painting Topsoil and sod adjacent to curb infills SHOULD READ: Schedule (Gi -Special Provisions -Tender Items (Pace 63 Section E -Church Street and Baldwin Street (Newcastle) Pavement Width - 6.5m Remove temporary asphalt curb at catchbasins and replace with conaete curb to match adjacent curb type • Adjust catchbasins, maintenance holes and water valves as required H.L.-3 - 40mm depth; including tack coat Line painting Topsoil and sod adjacent to curb infills tt should be noted that three of the catch basins on Church Street are set back and will require a concrete set back to he constructed as per Region Of Durham Standard Drawing S-505. CURRENTLY READS: Schedule (Gt -Special Provisions -Tender Items (Paste 651 CONCRETE CURB AND GUTTER- ITEMS NO. A5, 84, C4, 04, E4, F6 AND G4 All curb and gutter shall meet the Municipality of Clarington specifications and shall match existing adjacen! curb and gutted Catch basin setbacks for curb and gutter shall meet Dufiam Region standard and are to be located as per direction from the Contrail Administrator. Curb and gutter specified on Longworth Avenue shalE meet Ontario Provincial Standards. The unit price bid under these Items shall include for the following: Saw cutting of asphalt and curb, excavation, and disposal of surplus material off site. Supply and plating 30 MPa concrete to match existing curb and gutter. 2of3 JtiN-14-2010 15:15 905 623 3330 94z P.002 -9056233330 CLARINC~TON PURCHA 02:22:57 p.m. D6•i4-2010 313- SNOULD READ: __ _ _ _ _ _ . Sehisdule (G) - Soedial Provisiohs - Tender Items fPaste 661 CONCRETE CURB ANO GUTTER -ITEMS NO. A5, B4, C4, D4, E4, F6 AND G4 Ali curb and gutter shall meet the Municipality of Clarington specifications and shall match existing adjacent curb and gutter. Catch basin setbacks for curb and gutter shall meet Durham Region standard S-505 and are to be located as per direction from the Contrail Administrator. Curb and gutter specified on Longworth Avenue shall meet Ontario Provincial Standards. The unit price bid under these Items shall include for the following • Saw cutting of asphalt and curb, excavation, and disposal of surplus material off site. • Supply and placing 30 MPa concrete to match existing curb and gutter. • Supply and piacement of 30 MPa Concrete as required io construil set backs as per drawing S- 505. Ail submissions must be in accordance with this addendum. Bidders are instructed to sign this addendum and return it with the completed Tender, or the Tender submitted may be rejected. Uwe hereby acknowledge receipt of this addendum. Signed (Must beer of Firm - -- g } PrxE~, ~~~ Position Name of Firm 3oE3 .TON-14-2010 15:15 905 623 3330 94% P.003 ~~~ 200 Ffon[ Street Wesl Telephone: 4'~ Toronto ON MSV 3Jt (4 i6)344.10p ~pra ~'1+di1 CGN'iRAC3'r.;R L'ENTREPRENEI;2 ASHLAND PAVIN;, LT: 340 BrrAES RD CGNCGRD L4K 1K1 Certificate of Clearance Certificate de decharye The Workplace Safely and Insurance BpafdfWglej -herebywarves rls nghis unde~Sechon 147 of the Workplace Safely and Insurance Act to hold the Principal,.that is m a tontradval agreement with the Conlrartor named, liab~.~e Inr any Serlinn 1<1 liahdity o! the OonbaIXOr for premiums and levies of the WSIB owing nav or within 60 days from the date o! this Certrlicate. Par /a presanfe, la Corm/ss+on de la sdcunle C,N professionneHe of de (assurance cortfre les accidrnfs du fravai! (CSPAAT) renorrce aw diods qui lui cant conferes en vertu de fartrUe 14J de la Lolsur fa taCU/A~ prO1aSS/dRRelJe et /'assurance Cdnfra /e3 aceklents du travail et qui raufwisert a tenrr !'enfreprenew principal, qui a sgne one entente eonlractuelle avec 1'eMraprenaur dent le Horn h9ura awle pr6sent certr,5cet, n_sponsable du paiemanl da (Dole prime au de (Dote Somme que rentraprrneur est !aria de verser b!a CSPAA7rmmddiatemenf ou daps /es 6p pars suNanf W data /nd7quEe tar ca tYni(ieat. THIS CERTIFICATE IS VALID FOR ALL CGNTRACTS OF THE NAMED CGNTRACTOR DURING THE EFFECTIVE PERIGD LE PRESENT CERTZFICAT EST LEDTT ENTREPRENEUR PENDANT Account No IM de compfe 4095499 VALIDE PGJR TOUS LES CGNTRATS PASSES PAR LA PERIGDE D'APPLICATIGN DJ CERTIFICAT 210700EB Valid ~wtcen signal by an aWhanzed 0(f:Car at Iha WS18. n arils WRS f8 sipndNte dwl dg4nf defaRSY de ld C$PAA1 9121G01~ HIGHiJAYS/STREET'S/S Ccn;rac OescriptiorUGes<nppbn do contra ~"' Contact the N!r? ;f you question the vafidily et this tlot;HnerH. Vai;:9w1 cwnmun;go e; avec /a CSAAgT a vpyY dcvar de fa vaHdite du present document o?gbcta-:oa; MAY-25-2p10 11:24. ~~ Certificate Ne.!N°Ce cerSfir:af 20487191 9^~e'S9451~ 94Z F.OG1 ~~ ~EN~e~~~ , /~~^ 1n''°r'"-~_ 200 front Street West ~°'"°""" ^e4n•~~b Toronto ON MSV 3J 1 Ra~ g1 Sec[ion Telephone: 4w7f'7~I f,„°~' id~^'"11edo- :eu"° (4It3) 344-1Ot6 CAD-7 C$IC41atIOflS 1-800-6fi3-6639 ASHLANA.PAUING -[~3'D account No. rtrmr+o. 4095499 210700EB °jfe Achieving end maintaining zero injuries, Illnesses and fatalities re ulres the commftmettt aid 18SEP09 efforts of every individual !n the workplace. For more Information and access to combined resources, visit the WSIB's website at vnvw.WSib.on,ca. prevention toots and Firm's Injury Cost Data for CAD-7 Rates year Total WSIB Total Expected Total Actual Premiums($) Injury Costs($} Injury Costs($} Firm Cost Index 03 30 364 nn -' __ - - Total 21 r 8 9 Average 20 949 67 Firm s Injury Freq~ pata for CAD-7 Rates Year Rate Insurable Group ~ Eamings($) (Assess^I ~ D r otat I ) ~ ~ 170 958 Ir`cf de a aaims wufr foci Irma benefits of 6 or more Oays and/Or falalitiCS. ai31i'~4a41ur rum PCr(nrmint¢1m1¢x Firm Exp¢n¢nCe fldtint)AAju~ 2.000 -2 946 64 515 9 0. 0 1 -0.835 a o~r,~n im/o0y DO NOT DESTROY -Please keep for future reference. Lro-045C?'. 201,722.81 Expected Injuries ~~JGII Leading the Way THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE TENDER CL2010-5 SURFACE ASPHALT, VARIOUS LOCATIONS CONTENTS: - SCHEDULE (A) . TENDER FORM PAGE 2 -16 SCHEDULE (B) STANDARD TERMS AND CONDITIONS PAGE 17 - 28 SCHEDULE (C) CONTRACTOR SAFETY PAGE 29 - 37 SCHEDULE (D) CONTRACTOR PERFORMANCE EVALUATION PAGE 38 SCHEDULE (E) INSTRUCTIONS TO TENDERERS PAGE 39 - 46 SCHEDULE (F) SPECIAL PROVISIONS-GENERAL PAGE 47-60 SCHEDULE (G) SPECIAL PROVISIONS-TENDERITEMS PAGE 61-67 SCHEDULE (H) DESIGN GUIDELINES PAGE 68 - 74 SCHEDULE (I) STANDARD DRAWINGS AND KEY MAPS PAGE 75 - 85 SCHEDULE (J) STANDARD SPECIFICATIONS PAGE 86 - 87 SCHEDULE (K) NOTICE OF NO BID PAGE 88 SCHEDULE (L) QUESTIONS FOR CLARIFICATION PAGE 89 SCHEDULE (M) ADDRESS LABEL PAGE 90 CLOSING TIME & DATE: 2:00:00 P.M. TIME (LOCAL TIME) THURSDAY, JUNE 17, 2010 ANYONE DOWNLOADING THIS DOCUMENT AND WISHING TO SUBMIT A BID MUST ENSURE THAT THEY HAVE REGISTERED WITH PURCHASING. BV REGISTERING, YOU WILL BE ADDED TO THE BIDDERS MAILING LIST AND WILL RECEIVE ANY ADDENDUM THAT MAY BE ISSUED WITH RESPECT TO THIS DOCUMENT. FAILURE TO REGISTER MAY RESULT IN YOUR BID BEING DISQUALIFIED. TO REGISTER, PLEASE COMPLETE THE REGISTRATION FORM LOCATED ON THE MUNICIPAL WEB SITE. ADDENDUM INFORMATION ALTHOUGH WE WILL ATTEMPT TO FAX OR EMAIL ANV ADDENDUM TO THE REGISTERED BIDDERS FOR A PARTICULAR BID, ALL BIDDERS ARE TO NOTE THAT ANY ADDENDUM(S) TO ANY TENDER/FORMAL TENDER OR RFP WILL BE POSTED ON THE MUNICIPAL WEB SITE (WWW CLARINGTON.NETI. IT IS THE BIDDER'S RESPONSIBILITY TO CHECK THE WEBSITE OFTEN FOR ANY ADDENDA. TO FIND THE ADDENDUM(S) FOR ANY PARTICULAR 81D, ACCESS THE WEBSITE AND CLICK ON "TENDERS, RFP'S R QUOTES", LOCATE THE APPLICABLE TENDER/RFP/QUOTE AND CLICK ON THE ADDENDUM TO DOWNLOAD FOR FILE AND SUBMISSION WITH YOUR BID. NOTICE TO BIDDERS - LATE BIDS WILL NOT BE ACCEPTED, BUT RETURNED UNOPENED TO THE RESPECTIVE BIDDER - BIDS NOT SIGNED WILL 8E REJECTED - BIDS MUST BE TYPED OR IN INK - ERASURES OR NOTICEABLE CHANGES MUST BE INITIALLED BY THE BIDDER - BIDDERS MUST NOT INCLUDE RESTRICTIVE OR CONDITIONAL STATEMENTS TO ALTER THE FORMAT OR INTENT OF THE TENDER THE LOWEST OR ANY TENDER NOT NECESSARILY ACCEPTED - TENDER OPENING MEETING IS SCHEDULED TO TAKE PLACE AT 2:15:00 PM AFTER THE CLOSING TIME AND DATE, IN MEETING ROOM #1A, MAIN FLOOR, 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO, AND INTERESTED BIDDERS ARE INVITED TO ATTEND. TENDERS MUST BE RETURNED ON THE FORMS PROVIDED AND IN THE ENVELOPE SHOWING THE FIRM NAME, TENDER NUMBER AND TENDER NAME OR BY USING THE ADDRESS LABEL ATTACHED TO THIS TENDER. ISSUED BY: JERRY BARBER, C.P.P.O. BRIGITTA HARRIS, C.P.P. PURCHASING MANAGER BUYER 1 TELEPHONE: 905-623-3379, EXT. 402 TELEPHONE 905 623-3379, EXT 250 CORPORATION OF THE MUNICIPALITY OF CLARINGTON SURFACE ASPHALT, VARIOUS LOCATIONS CONTRACT CL2010-5 Clari~~;ton Leading the Way THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING DIVISION SURFACE ASPHALT, VARIOUS LOCATIONS SCHEDULE (A) PROJECT; MUNICIPALITY: TENDER FORM TENDER FOR CONTRACT NO. CL20b0-5 SURFACE ASPHALT, VARIOUS LOCATIONS Page 3 of 90 CL2010-5 CORPORATION OF THE MUNICIPALITY OF CLARINGTON CONTRACTOR ADMINISTRATOR CORPORATION OF THE MUNICIPALITY OF CLARINGTON ENGINEERING SERVICES DEPARTMENT 40 TEMPERANCE STREET BOWMANVILLE, ON L1C 3A6 Telephone: 905-6233379, ext. 329 Fax: 905-6239282 TENDERER: Name Address (include Postal Code) Telephone and Fax Numbers Name of Person Signing Position of Person Signing TENDERS RECEIVED BY: Mrs. Patti Barrie, Clerk Corporation of the Muniapality of Clarington Municipal Administration Centre 40 Temperance Street BOWMANVILLE,Ontario L1C3A6 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING DIVISION SURFACE ASPHALT, VARIOUS LOCATIONS Page 4 of 90 CL201D-5 SCHEDULE (A) TENDER FORM (continued) To: The Mayor and Members of Council Corporation of the Municipality of Clarington Re: Contract CL2010-5 SURFACE ASPHALT, 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 deleted entirely if found not to be 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 Municipality. This cheque or bid bond shall constitute a deposit which shall be forfeited to the Municipality if the successful. Contractor fails to file with the Municipality a one hundred percent (100%) Performance Bond, and a one hundred percent (100%) Labour and Material Payment bond, satisfactory to the Municipality 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. THE CORPORATION OF THE MUNICIPALITY OF CIARINGTON PURCHASING DIVISION SURFACE ASPHALT, VARIOUS LOCATIONS Page 17 of 90 C12010-5 CORPORATION OF THE MUNICIPALITY OF CLARINGTON CONTRACT NO. CL2010-5 SCHEDULE (B) STANDARD TERMS AND CONDITIONS THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING DIVISION SURFACE ASPHALT, VARIOUS LOCATIONS Page 18 of 90 SCHEDULE (B) STANDARD TERMS AND CONDITIONS SUPPLEMENTARYTERMS 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 Condtions" 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 (November 2006) which requires a $5,000,000.00 liability coverage. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING DIVISION SURFACE ASPHALT, VARIOUS LOCATIONS Page 19 of 90 SCHEDULE (B) STANDARD TERMS AND CONDITIONS (continued) L 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, f rm 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 specificetions 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, famished 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, d 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 offcer. 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. Should a dispute arise from the terms and conditions of any part of the contract, regarding meaning, intent or ambiguity, the decision of the Municipality shall be final. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING DIVISION SURFACE ASPHALT, VARIOUS LOCATIONS Page 20 of 90 CL2010-5 SCHEDULE (B) STANDARD TERMS AND CONDITIONS (continued) 3. CONTRACT The contract consists of the documents aforementioned as defined in Section 1, Definitions, Contract. 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 Bidders standard or general conditions of sale shall be of any effect unless explicitly agreed to 6y the Municipality and specifically referred to in the purchase order. 4, CLARIFICATION OF THE DOCUMENT Any clarifcation 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 lie considered. Every notice, advice or other communication pertaining thereto will be in the form of a written addendum. No officer, agent or employee of the Municipality is authorized to alter orally any portion of 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 foreperson, storekeeper or other such receiver shall not bind the Municipality to accept the work covered thereby, or the particulars of the delivery ticket or piece tally thereof. Work shall be subject to further inspection and approval by the Municipality. The Company shall be responsible for arranging the work so that completion shall lie as specified in the contract. Time shall be of the essence of the contract. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING DIVISION SURFACE ASPHALT, VARIOUS LOCATIONS Page 21 of 90 CL2010-5 SCHEDULE (B) STANDARD TERMS AND CONDITIONS (continued) r. 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 wring prior to commencement. Should the Company require more information or clarification on any point, it must be obtained prior to the submission of the bid. Payment shall be full compensation for all costs related to the work, including operating and overhead costs to provide work to the satisfaction of the Municipality. All prices quoted shall include applicable customs duty, excise tax, freight, insurance, and all other charges of every kind attributable to the work. Harmonized Sales Tax (HST) 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 anange 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. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING DIVISION SURFACE ASPHALT, VARIOUS LOCATIONS Page 22 of 90 CL2010-5 SCHEDULE (B) STANDARD TERMS AND CONDITIONS (continued) 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 altemate determined by the Municipality shall be final. Any bid proposing an altemate will not be considered unless otherwise specified herein. 11. EQUIVALENCY Any opinion determined by the Municipality with respell to equivalency shall be f nal. 12. ASSIGNMENT AND SUBCONTRACTING The company shall not assign or subcontract the contract or any portion thereof without the prior written consent of the Municipality. 13. FINANCING INFORMATION REQUIRED OF THE COMPANY The Municipality is entitled to request of the Company to furnish reasonable evidence that fnancial 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. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING DIVISION SURFACE ASPHALT, VARIOUS LOCATIONS Page 23 of 90 CL2010-5 SCHEDULE (B) STANDARD TERMS AND CONDITIONS (continued) 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 Municipality will be served. No liability shall accrue to the Municipality for its decision in this regard. Bids shall be irrevocable for 9i] days after the official closing time. The placing irthe 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 contrail by the Municipality to the extent described in the notice of award. The Municipality reserves the right to reject a Bid from any Bidder based on the following considerations: a Bidder or a subcontractor of a Bidder has an outstanding legal action against the Corporation, dr the Corporation has an outstanding legal action against a Bidder or a subcontractor of the Bidder; a Bidder owes money including, but not limited to outstanding property taxes owed to the Corporation; and a Bidder is not in compliance with the Corporation's Corporate Policies and by-laws including Property Standards By-law. 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 contrail. b. If the Company fails to comply with any request, instruction.or order of the Municipality; or fails to pay its accounts; or fails to comply with or persistently disregard 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 coreil 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 incuring any liability whatsoever in respect thereto. d. If the Municipality terminates the contrail, it is entitled to: 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; THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING DIVISION SURFACE ASPHALT, VARIOUS LOCATIONS Page 24 of 90 CL2010-5 SCHEDULE (B) STANDARD TERMS AND CONDITIONS (continued) ii) withhold any further payments to the company until the completion of the work and the expiry of all obligations under the Correction of Defects section; iii) recover from the company loss, damage and expense incurred by the Municipality by reason of the company's default (which may be deducted from any monies due or becoming due to the company, any balance to be paid by the company to the Municipality). 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 actual 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 (8) 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 held by the Municipality until 60 days after the day on which all work covered by the contrail 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 Certifcate of Clearance from the WSIB -Workplace Safety Insurance Board has been received. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING DIVISION SURFACE ASPHALT, VARIOUS LOCATIONS SCHEDULE (B) STANDARD TERMS AND CONDITIONS (continued) Page 25 of 90 CL2010-5 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 Iwo weeks from date of request thereof by the Municipality shall make the award of the Contract by the Municipality subject to withdrawal. 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 ident~cation 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 contrail. 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 fallowing 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 certifcate from the Workplace Safety & Insurance Board confrming 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 Company shall maintain and pay for Automobile Liability insurance in respect of licensed vehicles and shall have limits of not less than $2,000,000.00 inclusive per occurrence covering all licensed vehicles owned or leased by the Company. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING DIVISION SURFACE ASPHALT, VARIOUS LOCATIONS Page 26 of 90 CL2010-5 SCHEDULE (B) STANDARD TERMS AND CONDITIONS (continued) The policy shall include the Municipality as an additional insured 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. The Policies shall be endorsed to provide that the Municipality is to receive not less than 30 days notice in writing in advance of any cancellation, material amendment, or change restricting coverage. Written notice shall be personally delivered to or sent by registered mail to the Agency. The Company will ensure that any and all Subcontractors also have valid Insurance coverage. 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 Municipality or its employees. The Company agrees to defend, fully indemnify and save harmless the Municipality from any and all charges, fnes, 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 Heath 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 Bid. Bidders shall accept sole responsibility for any error or neglect on their part in this respect. 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 obligations 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 regulations. The Company shall provide Material Safety Data Sheets (MSDS) to the Municipality for any supplied Hazardous Materials. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING DIVISION SURFACE ASPHALT, VARIOUS LOCATIONS Page 27 of 90 CL2010-5 SCHEDULE (B) STANDARD TERMS AND CONDITIONS (continued) 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 it 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 contrail, direct the Company to make changes to the work. When a change causes an increase or decrease in the work, the contrail 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 (MFIPPA) All correspondence, documentation, and information provided to staff of the Municipality of Clarington by every offerer, including the submission of proposals, shall become the property of the Municipality, and as such, is subject to the Municipal Freedom of Information and Protection of Privacy Ail, and may be subject to release pursuant to the Ail. 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 ident~ed as confdential. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING DIVISION SURFACE ASPHALT, VARIOUS LOCATIONS SCHEDULE (8) STANDARD TERMS AND CONDITIONS (continued) 32. CRIMINAL BACKGROUND CHECKS Page 28 of 90. "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 identifcation 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 contrail 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 ariy final action." THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING DIVISION SURFACE ASPHALT, VARIOUS LOCATIONS Page 29 of 90 CL2010-5 CORPORATION OF THE MUNICIPALITY OF CLARINGTON CONTRACT NO. CL2010-5 SCHEDULE (C) CONTRACTOR SAFETY THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING DIVISION SURFACE ASPHALT, VARIOUS LOCATIONS Page 30 of 90 CL2010-5 SCHEDULE (C) CONTRACTOR SAFETY 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 Heath 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 rp oiect; every employer and every worker performing work on the rp Died complies with the Occupational Health and Safety Ad 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. Consfruction -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. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING DIVISION SURFACE ASPHALT, VARIOUS LOCATIONS Page 31 of 90 SCHEDULE (C) CONTRACTOR SAFETY (continued) POLICY AND PROCEDURE: 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 Quotation, 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 Quotation 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 Quotation conditions, before award of a contract, the contractor must provide details of their Health and Safety program. 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. 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 arid/or stop work orders can be given to contractors using Contractor Health and Safety Warning/Stop Work Order Form (Schedule "B"). 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. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING DIVISION SURFACE ASPHALT, VARIOUS LOCATIONS SCHEDULE (C) CONTRACTOR SAFETY (continued) POLICY AND PROCEDURE: PROCEDURE: Page 32 of 90 CL2010-5 k) The Purchasing Department will maintain current certificates of clearance until all monies owing have been paid to the contractor. 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. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING DIVISION SURFACE ASPHALT, VARIOUS LOCATIONS Page 33 of 90 CL2010-5 SCHEDULE (C) CONTRACTOR SAFETY (continued) POLICY AND PROCEDURE: Section "A" HEALTH AND SAFETY PRACTICE FORM To Contractor(s): The Municipality of Clarington is committed to a heathy 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 accidenUincident 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). • Confirmation of Independent Operator Status -The WSIB independent operator number assigned: (Bidders to include the letter co~rming this status and number from WSIB with their bid submission). THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING DIVISION SURFACE ASPHALT, VARIOUS LOCATIONS Page 34 of 90 CL2010-5 SCHEDULE (C) CONTRACTOR SAFETY (continued) POLICY AND PROCEDURE: 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 policies 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. 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's; and b) have sufficient knowledge and training to perform all matters required pursuant to this contractttender safely and in compliance with the Act. 2. In the .performance of all matters required pursuant to this contracf/Quotation, the contractor/successful tender shall: a) act safely and comply in all respells 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. 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 contracUtender; 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 contracUtender; and c) from any and all charges, fnes, 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 contracUtender. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING DIVISION SURFACE ASPHALT, VARIOUS LOCATIONS Page 35 of 90 CL2010-5 SCHEDULE (C) CONTRACTOR SAFETY (continued) POLICY AND PROCEDURE: CONTRACTOR ACCEPTANCE Schedule (C) Contractor Safety -Policy Procedures, Health & Safety Practice, Pages 29 - 37 have been reviewed and accepted by the contractor ASHLAND PAV/Nfi LTA FRANK TArtcau~Nr r Pr2ES~~Ei,Y~ _ Contractor N me of Person Signin/~gior/Contractor. Signature of Contractor Date THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING DIVISION SURFACE ASPHALT, VARIOUS LOCATIONS SCHEDULE (C) CONTRACTOR SAFETY (continued) POLICY AND PROCEDURE: Section "B" CONTRACTOR HEALTH AND SAFETY WARNING/STOP WORK ORDER Page 36 of 90 The purpose of this form is to: (Issuer to check one of the following) ^ Provide warning to the contractor to immediately discontinue the unsafe work practices, if it affects our workplace, described below. ^ ~ 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: THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING DIVISION SURFACE ASPHALT, VARIOUS LOCATIONS Page 37 of 90 CL2010-5 SCHEDULE (C) CONTRACTOR SAFETY (continued) POLICY AND PROCEDURE: 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 W ITH THIS ORDER? DATE AND TIME OF COMPLIANCE: ISSUED TO: ISSUED BY: CONTRACTOR'S EMPLOYEE TITLE MUNICIPAL EMPLOYEE DEPARTMENT TITLE PART "C" -ADDITIONAL COMMENTS THIS SECTION TO BE USED INTERNALLY TO RECORD ADDITIONAL COMMENTS SUBSEQUENT TO ISSUING THE WARNINGlSTOP WORK ORDER, I.E. DATE AND TIME WORK RESUMED, FURTHER ACTION TAKEN, ETC. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING DIVISION SURFACE ASPHALT, VARIOUS LOCATIONS Page 38 of 90 CL2010-5 SCHEDULE (D) CONTRACTOR PERFORMANCE. EVALUATION Contractor Name: Date of Evaluation: Pro'ect: A roximate Value of Pro'ect: Owner! Mana er: Pro ect Com lexi Su erintendent: Consultant: Foreman: Please answer the following as accurately as possible rating the goods and services received on a scale of 1 to 5, with 1 indicating poor and 5 indicating excellence. If you want to provide additional explanations or comments, please feel free to use the back of this form. USER DEPARTMENT: USER SIGNATURE: Performance Poor` Fair Average Good Excellent' 1 Adherence to specifications and drawings 1 2 3 4 5 2 Level of inspection required 1 2 3 4 5 3 Management of crew and subcontractors 1 2 3 4 5 4 Schedule pace: coordinating crews/subcontractors 1 2 3 4 5 5 Response to directives (promptness/willingness) 1 2 3 4 5 6 Minimizes extra costs/provides cost saving alternatives 1 2 3 4 5 7 AdministrationlDocumentation 1 2 3 4 5 8 Communications and courtesy to public 1 2 3 4 5 9 Communication/cooperation with Contract Administrator 1 2 & 4 5 10 Neatness of site and compound 1 2 3 4 5 11 Safety 1 2 3 4 5 -ueraus [o oe mauaee on amacnea sneer Bonding /Safety YES NO If yes, were issues satisfactorily resolved? Any Bonding Issues Anv Safety Issues Comments: Evaluation provided by (print name) Signature Reviewed by Consultant's Construction Manager Title Date Reviewed by Municipality's Construction Manager THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING DIVISION SURFACE ASPHALT, VARIOUS LOCATIONS Page 39 of 90 CL2010-5 CORPORATION OF THE MUNICIPALITY OF CLARINGTON CONTRACT NO. CL2010-5 SCHEDULE (E} INSTRUCTION TO TENDERERS THE CORPORATIOP ORCHAS NG DIVISION OF CLARINGTON SURFACE ASPHALT, VARIOUS LOCATIONS page a0 of s0 CL2010-5 SCHEDULE (E) INSTRUCTION TO TENDERERS INDEX CONTRACT NO. CL2010-5 ............................... . ........... Page 41 1. .................................... GENERAL ........................................ ............... ........... 2. BLANK FORM OF TENDER ................................................................. ..................... Page 42 ............ 3. ................ ........................ TENDER DEPOSIT ............................. Page 42 4. BONDS ....................... ....... ~~~ ~" ~ 5 RIGHT TO ACCEPT OR REJECT TENDERS .................................................... . . .............. Page 43 ............ 6. ......................................... UNACCEPTABLE TENDERS ...................... page 43 ~ 7 ABILITY AND EXPERIENCE OF TENDERER ................................................... ~~• . ......................... Page 43 ............. 8. REFERENCES .......................................................................... ......... .Page 43 ...... ....... 9. HARMONIZED SALES TAX (HST) ................................................... ...... Page 43 10. EXECUTE CONTRACT DOCUMENTS ..................... ........... ............. Page 43 11. ............................. COMMENCEMENT OF WORK .................................. ......................... ...... Page 44 ........ 12. ................... LOCATION ........................................................... ....... ...... Page 44 ........ 13. TENDERERS TO INVESTIGATE .............................................................. ...... ...... Page 44 ........ 14. .................... INQUIRIES DURING TENDERING ....................................... . . DEFINITION OF OWNER/MUNICIPALITY & ENGINEER/CONTRAGT 15. .................... ............... ADMINISTRATOR ...................................................................... .......................... Page 45 ............... 16 . ADDENDA ............................................................................. ....................... Page 45 .............. 17 . UTILITIES ................................................................................. ................. ..............Page 46 18 ....................... . DECLARATIONS ....................................... .... ...Page 46 ........... 19 .................. . TENDER OPENING MEETING ....................................... THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING DIVISION SURFACE ASPHALT, VARIOUS LOCATIONS SCHEDULE (E) INSTRUCTION TO TENDERERS (continued) GENERAL TENDER DELIVERY & OPENING Page 41 of 90 CL2010-5 Tenders made on the forms provided must be submitted in the envelope provided or in an envelope with the down-loaded label clearly affixed to the front of the envelope. Bids will be received at: Corporation of the Municipality of Clarington Office of the Clerk 40 Temperance Street Bowmanville, Ontario until the specified closing time and date of: 2:00:00 P.M. Local Time Thursday, June 17, 2010 Any Tender received after the deadline for submission will be considered as non-compliant and will be returned unopened. 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 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"tl Floor, before the deadline for submission, in accordance with the submission instructions. Misdirected Tenders received after the deadline for submission will not be accepted and will be returned unopened. 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. 2. BLANK FORM OF TENDER One copy of the Tender, on the forms provided, shall be submitted in a sealed envelope with the label provided affixed to the envelope (last page of Tender). All information requested shall be shown in the tender, in the space provided. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING DIVISION SURFACE ASPHALT, VARIOUS LOCATIONS Page 42 of 90 CL2010-5 SCHEDULE (E) INSTRUCTION TO TENDERERS (continued) 3: TENDER DEPOSIT: 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: TOTAL AMOUNT OF BID MINIMUM DEPOSIT REQUIRED $20,000.00 or less $1,000.00 $20,000.01 to $50,000.00 $2,000.00 $50,000.01 to $100,000.00 $5,000.00 $100,000.01 to $250,000.00 $10,000.00 $250,000.01 to $500,000.00 $25,000.00 $500,000.01 to $1,000,000.00 $50,000.00 $1,000,000.01 to $2,000,000.00 $100,000.00 $2,000,000.01 and over $200,000.00 NOTE: 4. BONDS 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. The Contractor is required to provide a Performance Bond, and a Labour and Material Payment Bond, each in an amount equal to one hundred percent (100%) 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 carryon 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 envelope provided or in an envelope with the down-loaded label clearly affixed to the front of the envelope. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING DIVISION SURFACE ASPHALT, VARIOUS LOCATIONS Page 43 of 90 CL2010-5 SCHEDULE (E) INSTRUCTION TO TENDERERS (continued) 6. 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 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. 7. 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 speafied time, is not furnished by the Tenderer. REFERENCES Bidders are advised that they are required to submit three (3) references on the form provided in the Tender Form section of the Tender Documents. Failure to do so may result in the bid not being accepted by the Municipality. As requested by the Municipality, references will be checked by the Contract Administrator or Municipality during the Tender review process. 9. HARMONIZED SALES TAX (HST The Tenderer shall NOT include any amount in his Tender unit prices for the Harmonized Sales Tax. The HST will be shown on each payment certificate and will be paid tc the Contractor in addition to the amount certified for payment and will, therefore, not affect the Contract unit prices. 10. EXECUTE CONTRACT DOCUMENTS Tenders shall be open for acceptance for a period of ninety (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 ten (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. 11. COMMENCEMENT OF WORK The successful Tenderer shall commence work at the site within seven (7) calendar days of the official commencement date as speafied in the written order issued in accordance with OPS GC7.01.02 of the General Conditions. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING DIVISION SURFACE ASPHALT, VARIOUS LOCATIONS SCHEDULE (E) INSTRUCTION TO TENDERERS (continued) 12. LOCATION Page 44 of 90 The surface asphalt work is located on the following roads in Bowmanville: + Beech Avenue from Concession Street West to Lowe Street Elgin Streetfrom the railway tracks to Fourth Street Hunt Street from Baseline Road to Albert Street and Albert Street between Hunt Street and Duke Street + St. George Street from King Street to Church Street Church Street from St. George Street to Liberty Street Longworth Avenue from Scugog Street to the east limit of the bridge And on the following roads in Newcastle: Church Streetfrom Edward Street to the south limit Baldwin Street from Edward Street to King Avenue And on the following road in Newtonville; Ovens Road from Hill Street to the south limit of cul de sac 13. TENDERERS TO INVESTIGATE Tenderers must satisfy themselves by personal examination of the site and by such other means as they may prefer as to the actual conditions and requirements 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. 14. 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 Clarington, Telephone: 905-623-3379, ext. 329, attention: Ed Lisinski, C.E.T., .Fax: 905-6239282 General enquiries regarding the tender conditions and submission requirements are to be directed to Brigitta Harrs, Buyer 1, Telephone 905 623 3379, ext. 250 or Jerry Barber, Purchasing Manager, Telephone: 905 6233379, ext. 402, Fax: 905 623-3330. 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 (L). Bidders are requested to make all inquiries prior to 4:00 P.M.: Thursday. June 10. 2010. THE CORPORATIOP ORCHAS NG DCIVPSIONY OF CLARINGTON SURFACE ASPHALT, VARIOUS LOCATIONS page 45 of 90 ~--- SCHEDULE (E) INSTRUCTION TO TENDERERS (continued) 15. DEFINITION OF OWNER/MUNICIPALITY AND ENGINEER/CONT eaCs nDthisNContr~act, R shall be Wherever the word "O he Corporation'of the Mun apality olf Clar ngton. interpreted as meaning ears in this Contrail it shall be ineerin Services Department or such other Wherever the word "Contract Administrator' or "Engineer aPP deemed to mean the Municipali thefMunicipal ry t ail in any particular capaaty. officers, as may be authorized by 16. ADDENDA The Contractor shall ensure that all addenda issued during the tendering period are considered re grin the bid and are attached as part of the submitted bid. Receipt of addenda shall a so when p P 9 ur ose on page 16 of the Tender Form. Failure to be acknowledged in the space provided for this p p do so may result in disqualification of the bid. 17. UTILITIES ineerin Services are available for inspection at the Eng 9 i Plans illustrating locations o es f existing utilit Department. existing utilities the Contractor may contact the following i For addRional information ng regard personnel: ion Traffic Signals Durham Reg Mr. Dave Palframan Ms. Diana Beauh Traffic Depot Enbridge Consumers Gas Tel: g66-786-8116 Bell Canada Tel: 416-495-5520 Tel: 905-433-3556 Rogers Cable T.V. Limited Mr. Jim Hisson Hydro One Networks Inc. Ms. Cindy Ward Tel: g05-436-4138 Tel: 905-6231071 Ext. 3318 Clarington Operations (Street Lighting) Veridian Connections Ms. Sue Arends Mr. Peter Petriw 888-445-2881 1 T: g05 263 2291 - T: Ext. 3252 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING DIVISION SURFACE ASPHALT, VARIOUS LOCATIONS Page 46 of 90 CL2010-5 SCHEDULE (E) INSTRUCTION TO TENDERERS (continued) 18. DECLARATIONS a) INVe 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) INVe 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 withcut collusion or fraud. c) IlWe further declare that no Municipality of Clarington employee, or member of Council (or their families) is, or will become interested directly or indirectly as a cohtracting 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) I/We further declare that the statements contained in the Tender are in all respects true e) I/We further declare that I/We have examined the locality 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 Clarington and are hereby acknowledged to be an integral part of the Contract. I/UVe 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. 19. TENDER OPENING MEETING The tender opening meeting is scheduled to take place at 2:15:00 p.m. after the closing time and date in meeting room 1A, main floor, 40 Temperance Street, Bowmanville Ontario. Interested bidders are invited to attend. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING DIVISION SURFACE ASPHALT, VARIOUS LOCATIONS Page 47 of 90 CL2010-5 CORPORATION OF THE MUNICIPALITY OF CLARINGTON CONTRACT NO. CL2010-5 SCHEDULE (F) SPECIAL PROVISIONS -GENERAL THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING D IVISION SURFACE ASPHALT, VARIOUS LOCATIONS SCHEDULE (F) SPECIAL PROVISIONS -GENERAL INDEX CONTRACT NO. CL2010-5 1. GUARANTEED MAINTENANCE ............................................................................. 2. CONTRACT TIME AND LIQUIDATED DAMAGES .................................................. 3. CONTRACTOR'S AUTHORIZED REPRESENTATIVE ............................................ 4. OPS GENERAL CONDITIONS ................................................................................ 5. LAYOUT .................................................................................................................. 6. RESTRICTIONS ON OPEN BURNING .................................................................... 7. PAYMENTS ............................................................................................................. 8. UTILITIES .........................................:...................................................................... 9. DUST CONTROL ..................................................................................................... 10. TRAFFIC CONTROL,FLAGGING ........................................................................... 11. CONTRACTOR'S SUPPLY OF CONSTRUCTION SIGNS ...................................... 12. MAINTENANCE OF TRAFFIC ................................................................................. 13. EMERGENCY AND MAINTENANCE MEASURES .................................................. 14. ENGINEERING FIELD OFFICE :............................................................................. 15. MANAGEMENT AND DISPOSAL OF EXCESS MATERIAL ................................... 16. SPILLS REPORTING .............................................................................................. 17. PROTECTION OF WATER QUALITY .................................................................... 18. TRAFFIC AND STREET SIGNS ............................................................................. 19. GARBAGE COLLECTION ....................................................................................... 20. ASPHALT MIX DESIGNS ....................................................................................... 21. DELIVERY OF TEST SAMPLES ............................................................................. 22. ENTRY ONTO PRIVATE PROPERTY .................................................................... 23. STORAGE AREAS ......................:..............................................................:........... 24. GENERAL LIABILITY INSURANCE ........................................................................ 25. CONSTRUCTION LIEN ACT .................................................................................. 26. PAYMENT ADJUSTMENT FOR CHANGES TO MTO PERFORMANCE GRADED Page 48 of 90 CL2010-5 ...... Page 49 ...... Page 49 ....... Page 50 Page 50 ...... Page 50 ....... Page 51 ....... Page 51 .... Page 52 ...... Page 52 ....... Page 52 ....... Page 53 ... Page 53 ...... Page 53 ....... Page 53 ........ Page 54 ........ Page 54 ...... Page 54 ........ Page 55 ........ Page 55 ........ Page 55 ..... Page 56 ...... Page 56 ........ Page 56 ........ Page 57 ........ Page 57 ASPHALT CEMENT PRICE INDEX .............................................................................. 27. VARIATIONS IN TENDER QUANTITIES ..............................................................:.... 28. PROPERTY OWNER'S RELEASE OF PRIVATELY OWNED LAND USED BY THE CONTRACTOR .................................................................................................. Page 57 Page 59 ... Page 60 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING DIVISION SURFACE ASPHALT, VARIOUS LOCATIONS Page 49 of 90 CL2010-5 SCHEDULE (F) SPECIAL PROVISIONS -GENERAL 1. GUARANTEED MAINTENANCE Section OPS GC7.16.02 of the General Condftions 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 Contract Administrator. The decision of 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 (A) 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 Clause OPS GC1.06. (B) 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 November 15, 2010. 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 additional and/or augmented daylight 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 allowec therefore. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING DIVISION SURFACE ASPHALT, VARIOUS LOCATIONS Page 50 of 90 CL2010-5 SCHEDULE (F) SPECIAL PROVISIONS -GENERAL (continued) (C) Liquidated Damages It is agreed by the parties to the contract that in case all the work called for under the contract is not completed by the date specified, or as extended in accordance with Section GC3.06 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 Municpality the sum of ONE THOUSAND DOLLARS ($1,000.00) as liquidated damages for each and every calendar days delay in achieving completion of the work beyond the date prescribed. It is agreed that this amount is an estimate of the actual lass or damage to the Municipality which will accrue during the period in excess of the prescribed date for completion. 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. 3. CONTRACTOR'S AUTHORIZED REPRESENTATIVE Authorized representative as referenced in OPS GC7.01.10 is defined as an employee of the Contractor. 4. OPS GENERAL CONDITIONS Wherever in this Contract reference is made to the General Condtions, it shall be interpreted as meaning the OPS General Conditions of Contract, November, 2006. 5. LAYOUT BY CONTRACTOR If required, prior to the commencement of any construction layout, the Contractor shall verify the accuracy of all temporary and permanent benchmarks and primary alignment control shown on the Contract Drawings. The Contractor shall also perform random checks on all survey control points and e>asting centreline road profiles. The Contractor shall provide a Summary Report of all aforementioned checks made to the Contract Administrator prior to the commencement of construction layout. Any discrepanaes between the Contract Drawings and field checks shall be reported immediately to the Contract Administrator. Costs associated with field verification work undertaken by the Contractor shall be included in the Contractor's tender bid. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING DIVISION SURFACE ASPHALT, VARIOUS LOCATIONS Page 51 of 90 SCHEDULE (F) SPECIAL PROVISIONS -GENERAL (continued) 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. PAYMENTS Except as herein provided, payments under this Contract will be made in accordance with Section GC8.02.03 of the General Conditions. Notwithstanding the provisions of the General Conditions respecting certification and payment, the Authority 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 2-1l2%, the Contractor shall suppy a Statutory Declaration as defined in GC8.02.03.07.03 (b) and advertise the Certificate of Substantial Performance per GC8.02.03.04.03. As a condition of Progress Payment Certificate processing, the Contractor must provide a current WSIB Clearance Certificate and a Statutory Declaration in support of each. Progress Payment Certificate and an updated project schedule as direded by the Contract Administrator. All interim monthty certificates are not conclusive as to the value or quality of services provided and payment certificates are subject to reopening and readjustment. The Completion Payment Certificate to include release of the remaining holdback will be issued within one hundred and twenty (120) days after the date for completion as specified under GC1.06. The date for interest due to late payment shall commence following one hundred and eighty (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. Acceptance by the company of the final holdback 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 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 Authority may withhold payment on Interim and Holdback Release Certificates up to thirty (30) calendar days from the date of receipt of the executed Payment Certificates. Payments made hereunder, including final payment shall not relieve the Contractor from its obligations or liabilities under the contract. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING DIVISION SURFACE ASPHALT, VARIOUS LOCATIONS Page 52 of 90 CL2010-5 SCHEDULE (F) SPECIAL PROVISIONS -GENERAL (continued) The Authority shall have the right to withhold from any sum otherwise payable to the Contractor such amount as may be sufficient to remedy any defect or deficiency in the work pending correction of it. 8. UTILITIES Sections OPS GC2.01 and OPS GC7.13.02 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. Utility relocation requirements, if any, are to be done prior to or concurrent with construction. It may be incumbent upon the Contractor to work congruently with any relocation works. The location and depth of underground utilities shown on the engineering drawings are based on investigations made by the Municipality of Clarington. 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 utilties from damage. 9. 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 roadwaythrough 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. 10. TRAFFIC CONTROL, FLAGGING Flagging for traffic control on this Contract shall be in conformance with the procedure outlined in OTM Book 7 (Ontario Traffic Manuaq as per requirements of the Ontario Health and Safety Act, Reg. 213/91, section 69.1. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING DIVISION SURFACE ASPHALT, VARIOUS LOCATIONS SCHEDULE (F) SPECIAL PROVISIONS -GENERAL (continued) 11. CONTRACTOR'S SUPPLY OF CONSTRUCTION SIGNS Page 53 of 90 CL2010-5 In accordance with Section OPS GC7.07 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". A Traffic Control Plan indicating all traffic signage layout and types in a neat legible manner shall be submitted to the Contract Administrator a minimum of two weeks prior to construction commencement and shall be in accordance with the latest edition of the "OTM Book 7". Revisions to the Traffic Control Plan shall be made to reflect ongoing changes on the project as needed and shall be approved by the Contract Administrator. TC-67 signs shall be supplied and erected by the Contractor at all street closure limits with approved text as directed by the Contract Administrator. Traffic controls shall be operational before work affecting traffic begins 12. MAINTENANCE OF TRAFRC The Contractor will be required to maintain traffic in both directions on the street to be resurfaced. The Contractor may wish to temporarily close one lane of traffic to facilitate construction of the improvements. 13. 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. 14. 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 Municipality. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING DIVISION SURFACE ASPHALT, VARIOUS LOCATIONS Page 54 of 90 SCHEDULE (F) SPECIAL PROVISIONS -GENERAL (continued) 15. MANAGEMENT AND DISPOSAL OF EXCESS MATERIAL The requirements of OPSS 180 shall apply to this Contract, revised as follows Section 180.03, Def nitions, shall be amended by the addtion 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, 0180- 2, OPSF 180-3, OPSF 180-4 and OPSF 180-5 for use where appropriate with respect to disposal of excess material. 16. 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. 17. 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 sedirrent 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. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING DIVISION SURFACE ASPHALT, VARIOUS LOCATIONS SCHEDULE (F) SPECIAL PROVISIONS -GENERAL (continued) Page 55 of 90 CL2010-5 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 construdion equipment in the vicinity of any creeks shall be limited to the minimum required for construction. The Contrador shall not carry out equipment maintenance or refueling or store fuel containers within one hundred (100) metres of any watercourse. The Contrador shall not stockpile construction debris or enpty fuel/pesticide containers within the Contract limits. 18. TRAFFICAND STREET SIGNS The Contrador will be responsible for the removal, salvage and re-eredion of existing traffic and street signs, if required, following completion of the work. Scheduling for sign removal shall be as approved in advance by the Contract Administrator. Regulatory signs such as "Stop" and "Yield" must be maintained throughout. 19. GARBAGE COLLECTION The Contractor will be responsible for ensuring that garbage colledion, including recyclables, is maintained and when necessary, the Contrador shall make arrangements directly with the colleding agency, to permit and coordinate pick-up. 20. ASPHALT MIX DESIGNS The Contrador shall be responsible for the provision of current mix designs for all hot mix asphalt required for the work, or for having the necessary mix designs prepared by a certified laboratory. The mix designs proposed for use by the Contractor shall be submitted in writing to the Contract Administrator for his approval and no work shall commence until the design mixes are approved. All costs associated with the provision of approved mix designs shall be borne by the Contractor. Steel slag and blast furnace slag coarse and fine aggregates shall not be used in any hot mix required by this Contrad. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING DIVISION SURFACE ASPHALT, VARIOUS LOCATIONS SCHEDULE (F) SPECIAL PROVISIONS -GENERAL (continued) 21. DELIVERY OF TEST SAMPLES Page 56 of 90 The Contrador 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 Admihistrator. The Contractor will be responsible for providing samples for Quality Assurance (CIA) at random locations throughout the site as required by OPS 310 or as directed by the Contract Administrator. At each location the Contractor shall take: 1. A sample for QA. 2. A referee sample to be kept and stored by the Contract Administrator. 3. A QC sample to be retained and tested by the Contrador. OPS 310 is amended ih that compaction testing for this project will be undertaken with a nuclear testing device. Core sampling will only be undertaken if there is a need to confirm nuclear testing results outside of specifications. A pre-pave site meeting will be conducted to review testing procedures with the Contractor, the paving Sub-Contrador, the Contrail Administrator and the Geotechnical Sub-Consultant for the project. 22. 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. 23. STORAGE AREAS Clause OPS GC7.03.01 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. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING DIVISION SURFACE ASPHALT, VARIOUS LOCATIONS SCHEDULE (F) SPECIAL PROVISIONS -GENERAL (continued) 24. GENERAL LIABILITY INSURANCE Page 57 of 90 General Liability Insurance shall be in the name of the Contractor, with the Municpality of Clarington and geotechnical consultant as additional insired (See Clause GC6.03.02.01). 25. 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 ailing underthe 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 Munidpality 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 ~ any other remedy available to the Municpality under the Contrail 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 Contrailor 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 Contrail, or both, as the case may be, and the Contractor acknowledges that such administrative fee shall be properly deductible, if the Muniapality shoukl 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 jurisdiilion 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 Contrailor 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 Contrailor under the terms of the Contrail Documents. 26. PAYMENT ADJUSTMENT FOR CHANGES IN THE MINISTRY OF TRANSPORTATION'S PERFORMANCE GRADED ASPHALT CEMENT PRICE INDEX The Owner will adjust the payment to the Contractor based on changes to the Ministry of Transportation's (MTO) performance graded asphalt cement price index unless the Contrailor opts out by notifying the Municipality in writing within 5 business days of receiving permission to start work. Once the Contractor has opted out of payment adjustments based on the index, the Contractor will not be permitted to opt back in. The price index will be published monthly by the MTO and displayed on the OHMPA and MTO websites. The MTO price index will be used to calculate the amount of the payment adjustment per tonne of new asphalt cement accepted into the Work. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING DIVISION SURFACE ASPHALT, VARIOUS LOCATIONS SCHEDULE (F) SPECIAL PROVISIONS -GENERAL (continued) Page 58 of 90 CL2010-5 The price index will be based on the price, excluding taxes, FOB the depots in the Toronto area, of asphalt cement grade PG 58-28 or equivalent. One index will be used to establish and calculate the payment adjustment for all grades. A payment adjustment per tonne of new asphalt cement will be established for each month in which paving occurs when the price index for the month differs by more than 10% from the price index for the month in which tenders were opened for the Contract. When the price index differential is less than 10%, there will be no payment adjustment established for that month. Payment adjustments due to changes in the price index are independent of any other payment adjustments made to the hot mix tender items. The payment adjustment per tonne will apply to the quantity of new asphalt cement in the hot mix accepted into the Work during the month for which it is established. However, a payment adjustment will not apply to paving work done after the approved time for completion of the Contract has expired, including the expiration of any extensions of time that have been panted. The payment adjustment for the month will be calculated from the following formulae When Ip is greater than 1.10 ITO, the payment adjustment per tonne of asphalt cement is (Ip - 1.10 ITO) and the Contrador receives additional compensation of: PA = (Ip - 1.10 ITO) x quantity of new asphalt cement in tonnes 2. When Ip is less than 0.90 ITO, the payment adjustment per tonne of asphalt cement is (0.90 ITO - Ip) and the Owner receives a rebate of: PA = (0.90 ITO - Ip) x quantity of new asphalt cement in tonnes Where: PA =payment adjustment for new asphak cement, in dollars ITO =performance graded asphalt cement price index for the month in which tenders were opened for the Contract Ip =performance graded asphak cement price index for the month in which paving occurs The quantity of new asphalt cement includes all grades of asphalt cement supplied by the Contractor with and without polymer modifiers. For each month in which a payment adjustment has been established, the quantity will be calculated using the hot mix quantity accepted into the Work and its corresponding asphalt cement content as required by the job mix formula except for mixes which contain reclaimed asphalt pavement. For mixes which contain reclaimed asphalt pavement, the quantity of new asphalt cement will be determined from the difference between the asphalt cement content required by the job mix formula and the asphalt cement content of the reclaimed asphalt pavement incorporated into the hot mix, as calculated by the Contract Administrator. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING DIVISION SURFACE ASPHALT, VARIOUS LOCATIONS SCHEDULE (F) SPECIAL PROVISIONS -GENERAL (continued) Page 59 of 90 CL2010-5 For mix containing a liquid anti-stripping additive, the quantity of anti-stripping additive will be deducted from the quantity of new asphalt cement. No other deductions will be made for any other additives. For progress payment purposes, .payment adjustments will be made on the monthly progress payment certificates for the months in which hot mix paving occurs. 27. VARIATION IN TENDER QUANTITIES Clause GC.8.01.02 (b) of the General Conditions of Contract is amended as follows: The last sentence beginning "Alternatively" and ending "paid" is deleted and replaced by "The Municipality shall not be liable to the Company for loss of anticipated profit". THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING DIVISION SURFACE ASPHALT, VARIOUS LOCATIONS Page 60 of 90 CL2010-5 SCHEDULE (F) SPECIAL PROVISIONS -GENERAL (continued) 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 Director of Engineering Services Municipality of Clarington 40 Temperance Street Bowmanville, Ontario L1C 3A6 Re: Contract No. CL2010-5 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. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING DIVISION SURFACE ASPHALT, VARIOUS LOCATIONS Page 61 of 90 CORPORATION OF THE MUNICIPALITY OF CLARINGTON CONTRACT NO. CL2010-5 SCHEDULE (G) SPECIAL PROVISIONS -TENDER ITEMS THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING DIVISION SURFACE ASPHALT, VARIOUS LOCATIONS SCHEDULE (G) SPECIAL PROVISIONS -TENDER ITEMS ORDER OF PRECEDENCE: Page 62 of 90 CL2010-5 Where a Specification or Standard exists in the Municipality of Clarington "Design Guidelines and Standard Drawings" for any element of the works, the Municipality of Clarington Specification or Standard shall take precedent over the contract "Special Provisions -Tender Items" or the "Ontario Provincial Standards". For Sections A, B, C, D, E, F and G, the work generally involves adjusting maintenance holes, catchbasins and water valves and placement of 40 mm of H.L.-3. The intended rehabilitation works, in general, include: Section A -Beech Avenue Pavement Width - 5.5 m Remove temporary asphalt curb at catchbasins and replace with concrete curb to match adjacent curb type Removal of asphalt ramping adjacent to curb and gutter Adjust catchbasins, maintenance holes and water valves as required H.L.-3-40mm depth, including tack coat Topsoil and sod adjacent to curb infills Section B -Elgin Street Pavement Width - 7.0 m Remove temporary asphalt curb at catchbasins and replace with concrete curb to match adjacent curb type • Adjust catchbasins, maintenance holes and water valves as required H,L.-3 - 40mm depth, including tack coat Topsoil and sod adjacent to curb infills Section C -Hunt Street and Albert Street Pavement Width - 7.Om to 7.9 m (Hunt Street) and 7.9m (Albert Street) Remove temporary asphalt curb at catchbasins and replace with concrete curb to match adjacent curb type Adjust catchbasins, maintenance holes and water valves as required • H.L.-3 - 40mm depth, including tack coat Topsoil and sod adjacent to curb infills THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING DIVISION SURFACE ASPHALT, VARIOUS LOCATIONS Page 63 of 90 CL2010-5 SCHEDULE (G) SPECIAL PROVISIONS -TENDER ITEMS (continued) Section D - St. George Street and Church Street Pavement Width - 7.Om Remove temporary asphalt curb at catchbasins and replace with concrete curb to match adjacent curb tYPe ..Adjust catchbasins, maintenance holes and water valves as required H.L.-3 - 40mm depth, including tack coat Line painting Topsoil and sod adjaoentto curb infills Section E -Church Street and Baldwin Street (Newcastle) Pavement Width - 6.5m • Remove temporary asphalt curb at catchbasins and replace with concrete curb to match adjacent curb type Adjust catchbasins, maintenance holes and water valves as required H.L.-3 - 40mm depth, including tack coat . .Line paintng Topsoil and sod adjacent to curb infills Section F - Longworth Avenue Extension Pavement Width - 14.Om • Remove temporary asphalt curb at catchbasins and replace with concrete curb to match adjacent curb type AdjusYcatchbasins, maintenance holes and water valves as required H.L.-3 - 40mm depth, including tack coat Line painting and traffic symbols Topsoil and sod adjacent to curb ihfills Section G -Ovens Road Pavement Width - 8.Om Remove temporary asphalt curb at catchbasins and replace with concrete curb to match adjacent curb type Adjust catchbasins, maintenance holes and water valves as required H.L.-3 - 40mm depth, including tack coat Topsoil and sod adjacent to curb infills THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING DIVISION SURFACE ASPHALT, VARIOUS LOCATIONS Page 64 of 90 CL2010-5 SCHEDULE (G) SPECIAL PROVISIONS -TENDER ITEMS (continued) PARTIAL DEPTH ASPHALT REMOVAL -ITEMS NO. A1, B1, C1, D1, E1, F1 AND G1 Payment shall also be made under these Items for grinding of asphaR as necessary to allow for the placement of H.L.-3, to a maximum depth of 40 mm at the face of the curb or gutter. All milled material shall be disposed of by the Contractor.. There may be a possibility to dispose of grinding material at the Operations Depot at Regional Road 42 (Darlington/Clarke Town Line), south of Highway #2. Contact Larry Postill of the Operations Department, Municipality of Clarington at 905-263-2291 for further information. REMOVAL OF ASPHALT RAMPING - ITEM NO. A2 Payment shall be made under this item for the removal of asphalt ramping along the curb on Beech Avenue. Removal shall be carried out either by grinding (if necessary) or by other means such as a bobcat bucket or other equipment deemed suitable. No damage shall occur to the existing gutter or base asphalt. Should the Contrador damage the gutter and/or base asphaR during the removal process, the gutter and/or base asphalt shall be replaced to the satisfaction of the Contract Administrator at the Contractor's expense. FULL DEPTH CRACK REPAIR WITH SMALL GRINDER (Provisional) - ITEM NO. F2 Included under this Item is the full depth grinding of cracks with a small grinder and placing and compacting of H.L.-8 in accordance with the specifications for Hot Mix asphalt, including tack coat. Payment for asphalt shall be included in this item. All milled material shall be disposed of by the Contractor. Location(s) to be as direded by the Contract Administrator. CRACK REPAIR WITH SMALL GRINDER - ITEM NO. F3 Included under this item is the cold milling of 40mm of existing asphalt base at 300mm width along the length of transverse cracks spanning the width of the bridge deck approach slabs to allow for the backfilling and compacting of H.L: 3 in accordance with the specfcations for Hot Mix asphalt, including tack coat. Payment for asphalt shall be included in this item. All milled material shall be disposed of by the Contractor. Location(s) to be as direded by the Contract Administrator THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING DIVISION SURFACE ASPHALT, VARIOUS LOCATIONS Page 65 of 90 CL2010-5 SCHEDULE (G) SPECIAL PROVISIONS -TENDER ITEMS (continued) REMOVAL OF CURB AND GUTTER- ITEMS NO. A3, B2, C2, D2, E2, F4 AND G2 Payment shall be made under these Items for the removal of all concrete and asphalt curb (all types) and sidewalk 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, if appligble. The unit price bid shall include for all saw cutting as required at the limits of removal as well as any minor excavations required where e>asting curb is being replaced. Payment shall also be made under this Item for the removal of patio stones, private concrete walkway and interlocking brick pavers, if applicable. As directed by the Contract Administrator, bricks shall be salvaged for reuse. The Contractor shall note the laying pattern of brick walkways for reinstatement. ADJUST MAINTENANCE HOLES, CATCHBASINS AND WATER VALVES - ITEMS NO. A4, B3, C3, D3, E3, FS AND G3 The unit price bid for adjustment of structures shall include for the saw cutting of existing asphalt, disposal of debris off site, placement of granular base and hot mix asphalt. The unit price bid for this Item shall also include for the adjustment of water valves as required. This may also include placement of new upper sleeve and cap (supplied by others). Adjustment shall be such that structures sit flush with cross-fall of final pavement elevation. Structures will be identified by the Contract Administrator prior to commencement of the work. CONCRETE CURB AND GUTTER -ITEMS NO. A5, B4, C4, D4, E4, F6 AND G4 All curb and gutter shall meet the Munidpality of Clarington specifications and shall match existing adjacent curb and gutter. Catch basin setbacks for curb and gutter shall meet Durham Region standard and are to be located as per direction from the Contract Administrator. Curb and gutter specified on Longworth Avenue shah meet Ontario Provincial Standards. The unit price bid under these Items shall include for the following: Saw cutting of asphalt and curb, excavation, and disposal of surplus material off site. Supply and placing 30 MPa concrete to match existing curb and gutter. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING DIVISION SURFACE ASPHALT, VARIOUS LOCATIONS Page 66 of 90 CL2010-5 SCHEDULE (G) SPECIAL PROVISIONS -TENDER ITEMS (continued) HOT MIX, H.L: 3 -ITEMS NO. A8, B5, C5, D5, E8, F7 AND G5 HOT MIX, H.L.-8 -ITEMS NO. B5, C5 AND E5 The Contractor shall supply all materials required for the proper execution of the paving work in accordance with Municipality of Clarington specifications, OPSS 310 as amended, and at the depths as specified in the Itemized Bid. Asphalt cement supplied shall be performance grade 58-28. The unit price bid shall also include for tack coat where paving over top of asphalt and grinding at fit points not specifically covered off by other Items .and for the restoration of asphaR sidewalk and/or boulevard where such restoration is required. Note: When replacing the curb or sidewalk at driveway locations or when grade dictates partial driveway restoration, the following cond'Rions will apply, unless otherwise directed by the Contract Administrator: Driveways are to receive new asphalt across width and back as far as directed by the Contract Administrator. Costs for placement of asphaR in driveways are to also include: removal and disposal of asphaR, fine grading of existing granulars as required and saw cutting of asphalt driveways. Base repairs will be done at locations as directed by the Contract Administrator and will incude saw cutting a clean edge around areas of repairs, removal of asphaR, tack coating of edges and placement of H.L.-8 base asphalt to match existing or 50 mm minimum thickness. Repairs will typically be done at locations where, after grinding has been completed, the base is severely deteriorated and/or gravel base material is visible. H.L.-3 will also be used for padding. Note the contractor is responsible for providing test samples as outlined in Clause 22 -Delivery of Test Samples, of the Special Provisions -General PAVEMENT MARKINGS -DURABLE - ITEM NO. D8, E7 AND F8 Durable line pavement markings shall be screed applied thermoplastic type. Payment under this item shall include all labour, equipment and materials required to apply all paint line markings as indicated on drawings PM1, PM2 and PM3. Payment shall also be made under this item for the removal of any existing thermoplastic pavement markings on top of base asphalt. All pavement markings shall conform to the procedures and standards of the "Ontario Traffic Manual° which is available for reference at the office of the Contract Administrator. The Contractor shall notify the Contract Administrator a minimum of forty-eight (48) hours in advance of his intention to complete this work. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING DIVISION SURFACE ASPHALT, VARIOUS LOCATIONS Page 67 of 90 CL2010-5 SCHEDULE (G) SPECIAL PROVISIONS -TENDER ITEMS (continued) TOPSOIL (IMPORTED) -ITEMS NO. A7, 67, C7, D7, E8, F9 AND G8 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, November, 2007 is amended by the addition of the following: The topsoil shall be tested to ensure there are no defidencies 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 induded 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 to the satisfaction of the Contract Administrator SOD (NURSERY, UNSTAKED) -ITEMS NO. A8, B8, C8, D8, E9, F10 AND G7 Subsections 571.07.05, 571.08.01 and 571.08.02 of OPSS 571, November 2007 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 winterdormant period shall be excluded (see Table No. 1, OPSS 571). Clarington is considered to be in the 'Southern 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 defciendes 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 repladng 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. ASPHALT CEMENT PRICE ADJUSTMENT -ITEM NO. H1 Payment shall be made under this Item for payment adjustment for asphalt cement placed in the Contract in accordance with Clause No. 27 of the Spedal Provisions -General. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING DIVISION SURFACE ASPHALT, VARIOUS LOCATIONS Page 68 of 90 CL2010-5 CORPORATION OF THE MUNICIPALITY OF CLARINGTON CONTRACT NO. CL2010-5 SCHEDULE (H) DESIGN GUIDELINES (Extracted from the Municipality of Clarington's Design Guidelines and Standard Drawings) THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING DIVISION SURFACE ASPHALT, VARIOUS LOCATIONS Page 69 of 90 CL2010-5 SCHEDULE (H) DESIGN GUIDELINES SECTION 900 INSPECTION MATERIALS AND CONSTRUCTION-36 1.0 GENERAL t.01 These guidelines are to be used in conjunction with the conditions set out in the Subdivision Agreement, in particulaz Schedule "I"-Duties of Owner's Engineer and Schedule "L"-Regulations for Construction. 1.02 The Owner's Consulting Engineer shall provide full-time inspection and supervision of all Works. . 1.03 The Consulting Engineer shall take extensive preconstruction photos of surrounding lands, and shall provide dated/described copies of such photographs to the Municipality. 1.04 Constmction sites aze to be maintained to prevent unnecessary ponding of water. 1.05 Prior to requesting the inspections (or re-inspections) from the Municipality, the Consulting Engineer shall verify the proper completion of the Works, and submit a written request. 1.06 All- equipment, materials and methods involved in trench backfill, filling, granulars, concrete and asphalt shall be monitored and Certified as acceptable by the owner's Geotechnical Engineer (see attached form). Unless noted otherwise, the term "compacted" shall mean 95% Standazd Proctor or higher (native materials) and 98% Standard Proctor or higher (grariulaz materials). Such certification shall be in a form acceptable to the Director and shall include all supporting documentation and test results. Mix designs for concrete and asphalt shall be obtained and approved by the Geotechnical Engineer. The Geotechnical Engineer shall ensure that the type, frequency, location and results of all tests is sufficient to ensure certification. Furthermore, the Geotechnical Engineer shall ensure all results for a given stage of construction are acceptable prior to commencing the next stage of construction. 2.0 STORM SEWERS 2.01 All materials shall be visually inspected by the Consulting Engineer upon delivery, to ensure conformity with specifications and -the approved engineering drawings, and to ensure any damaged/substandard material is marked and removed from the site. immediately. 2.02 Installation of storm sewers shall be continually monitored for adherence to proper bedding, pipe laying, backfilling and compaction procedures. All storm sewers, catchbasins and manholes shall be constructed true to line and grade. Street catchbasins are to be installed in precise alignment with curb lines, and no tolerances will be permitted. Reaz yazd catchbasins shall be accurately surveyed and verified by the Consulting Engineer for correct location prior to the issuance of a Certificate of Completion. The precast tops of manholes and catchbasins shall be checked for excess brickwork prior to roadbuilding. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING DIVISION SURFACE ASPHALT, VARIOUS LOCATIONS SCHEDULE (H) DESIGN GUIDELINES (continued) Page 70 of 90 CL2010-5 INSPECTION, MATERIALS AND CONSTRUCTION-37 2.03 Trench widths shall be kept at a minimum, while providing proper widths to enable mechanical compaction. All trenching must adhere to Ministry of Labour requirements. 2.04 Manholes are to be backfilled with compacted sand, extending min. 1.0 m from the outside face of the stmcture. (Catchbasins min. 300mm from the face of the structure). 2.05 House connections shall extend 1.5 m into the lots and be plugged with approved removable plugs. Bedding shall be as per approved standard drawing. Tees shall be pre- manufactured for pipes 450mm diameter and smaller, cored (on site) if 525mm diameter or lazger, and shall be secure and watertight. The invert of all tees shall be located above the springline of the sewer main and shall be a minimum of 600mm from the nearest adjacent tee or joint, unless approved otherwise. 2.06 Concrete pipes into/out of manholes shall be concrete cradled precisely to the first joint. 2.07 All storm sewers, including street and rear yard catchbasin leads (and individual service laterals where directed), shall be inspected using approved high quality video recording equipment and procedures. The inspection shall be carried out in a manner acceptable to the Municipality and all video tapes shall be submitted to the Municipality for review and permanent storage. Video re-inspections may also be requested. 2.08 Infiltration shall not be permitted into the storm sewer system. All leaks shall be investigated to determine Urea source and shall be corrected to the satisfaction of the Municipality. 2.09 Pipes which have failed in any manner, including cracking (0.3mm design loading cracks excepted), exposed reinforcing or other defects, shall be removed and replaced to the satisfaction of the Director. No repairs shall be undertaken without the consent and the direct supervision of the Municipality. 3.0 BACKFILLING GRADING AND GRANULAR ROAD BASE 3.01 Backfill containing organic or frozen material, or excessively moist material which cannot support conventional compaction equipment, shall be deemed unsuitable and shall not be used. The initial Lift of native backfill shall not exceed 1.0 m in depth above the compacted sand covet over the storm sewer and each additional lift shall be placed in layers not exceeding 300mm loose measurement (unless pre-authorized by the t:7eotechnical Engineer). Each lift shall be compacted until it has achieved the specified density before any additional lifts aze placed. 3.02' Backfilling operations shall follow pipe installation as closely as possible and be limited to 75 metres of open trench maximum. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING DIVISION SURFACE ASPHALT, VARIOUS LOCATIONS Page 71 of 90 CL2010-5 SCHEDULE (H) DESIGN GUIDELINES (continued) INSPECTION, MATERIALS AND CONSTRUCTION-38 3.03 The Geotechnical Engineer shall document all tests, including failures and retests, in sequential order, continuously throughout the pro}ect. A copy of all test results shall be kept at the site trailer, in addition to providing daily plotting of all test results on the plan and profile drawings. 3.04 The Consulting Engineer shall ensure that the subgrade is fine graded to the correct width, and that the minimum 3% crossfall is consistently maintained, with no longitudinal ruts permitted. The Geotechnical Engineer shall employ appropriate testing measures to assess the suitability of the subgrade, including proof-rolling, and shall make appropriate recommendations to the Consulting Engineer and Municipality. Whenever possible, localized soft azeas in the subgrade shall be replaced with suitable native material, not granulaz material. When additional granulazs must be used, they should be considered on a street by street basis. Subdrains must then be lowered accordingly, and 10:1 frost tapers must be provided. 3.05 Subdrains shall be installed only after the subgrade has been proof-rolled and the road structure has been finalized. Subdrains shall be installed tme to line and grade, in a trench condition, and shall be backfilled with approved granular material having aggregates not exceeding 19mm. All subdrains shall be supplied with a filter sock. 3.06 The Geotechnical Engineer shall confirm (in a form acceptable to the Municipality) the acceptability of each stage of roadbuilding prior to subsequent stages commencing. Subsequent stages of road construction shall not proceed wiUtout approval from Municipal staff. 3.07 After base curbs are installed, all Granulaz B must be regraded and verified by Municipal staff prior to placing Granulaz A. (Any Granular A placed prior to base curbs shall be considered Granular B). 3.08 Granular material shall be tested in accordance with the latest O.P.S.S. specifications. Material shall be tested at the pit and also as it arrives on site. Material not conforrrring to the specifications shall be rejected and removed from site. 4.0 CONCRETE WORKS 4.01 Concrete to be supplied by M.T.O. approved sources only. All concrete shall be monitored and all applicable tests (compressive strength, slump, air entrainment, etc.) shall be carried out by the Geotechnical Engineer as specified in acwrdance with the applicable OPSS and ASTM specifications. Any material not meeting specifications shall be rejected immediately. 4.02 All concrete to be placed as per the Municipality's Standazd Drawings. Contraction joints shall be in accordance with the Municipality's standazd drawings and shall be completed as eazly as practical and before any initial cracking occurs. Lazge cracks or several THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING DIVISION SURFACE ASPHALT, VARIOUS LOCATIONS SCHEDULE (H) DESIGN GUIDELINES (continued) INSPECTION, tYIATERIALSAND CONSTRUCTION-39 smaller cracks between contraction joints in curbs will require removal and replacement of that section of curb. Sidewalks with distinct cracks will also require replacement. 4.03 Curing compound shall be generously applied to all exposed concrete surfaces, regardless of ambient temperatures or season, between I and 2 hours of finishing. 4.04 All curbs to be placed using approved curb machines. Excess concrete formed during curb machine placement shall be promptly trimmed and removed prior to setting. The minimum length of curb to be removed and replaced shall be 1.5 m. No concrete patch repairs shall be permitted. 4.05 Prior to placement of top curb, base curb shall be cleaned and then inspected by Municipal staff. Base curb and stirrups shall be repaired and/or replaced as directed. 4.06 The depth of top curb at the edge of pavement shall not be less than 100mm and shall be continually verified by the Consulting Engineer. 4.07 Immediately prior to the placement of top curb or sidewalk, the existing surface shall be dampened with water to prevent teaching of moisture from the fresh concrete. 4.08 Driveways to be as per approved house siting plans, with minimum widths of 4.6m for single detached homes. 5.0 ASPHALT_PAVEMEIVT 5.01 All asphalt pavement materials shall be supplied by MTO approved sources, in accordance with OPSS 310, 1003 and 1150 (latest revisions thereof). MarshalVextraction/density tests shall be carried out by the Geotechnical Engineer in accordance with OPSS and relating to the approved mix design. Note: Provincial and Municipal projects differ with respect to contract administration, paving project sizes, Quality ControVQuality Assurance procedures and testing frequencies. As such, several OPSS specifications aze not appropriate for Municipal use and shall not apply, as deterrnined in the sole discretion of the Director. Since current testing methods do not enable ongoing monitoring (and therefore corrective action) of the asphalt, the onus shall be on the asphalt suppliers and contractors to ensure, through their own Quality Control methods, that their product meets the basic standards with no exceptions for `borderline' test results permitted. Any reference to `borderline' or to taking `immediate corrective action' based on notification of laboratory test results shall be deieted and the product deemed unacceptable. Ie. OPSS D310.08.04.02 which permits air voids beyond, acceptable limits, provided the contractor takes `immediate corrective action' shall not apply. Unacceptable work shall be immediately removed. Financial compensation using MTO formulas (to offset service life reduction in borderline work) may be considered, at the sole discretion of the Director, provided such amount is calculated by the Consulting Engineer, and all parties aze in agreement. Page 72 of 90 CL2010-5 THE CORPORATION OF THE MUNICIPALITY. OF CLARINGTON PURCHASING DIVISION SURFACE ASPHALT, VARIOUS LOCATIONS SCHEDULE (H) DESIGN GUIDELINES (continued) INSPECTION, MATERIALS AND CONSTRUCTION-40 5.02 Prior to placing surface asphalt, base asphalt shall be swept clean of all dirt, debris and dust. Areas of base asphalt shall be removed and replaced as directed, using a vertical sawcut at all perimeters. The use of a Geo-Grid or approved equivalent may also be directed by the Municipality. Low areas shall be padded to ensure a surface mat of uniform thickness. 5.03 Each manhole is to be precisely raised to final grade, and verified by the Developer's Consulting Engineer and Municipal staff. 5.04 Tack coat shall be applied just prior to surface paving operations and shall be allowed to dry until it is in a proper condition of tackiness. The length of roadway prepazed shall be limited to the immediate paving section, to reduce tracking. It shall be evenly applied at the rate of 0.4 litres/sq. m taking Gaze not to spray curbs, sidewalks or any other adjacent surfaces. 5.05 Driveway paving shall be fully inspected and verified for depths of stone and asphalt, and the compaction thereof, and ensuring that asphalt is at a sufficient temperature for placement. HL3A (HL3F) will not be permitted, except in special cases with the approval of the Director. Crowning or rounding of the limestone will not be permitted. Materials testing maybe required for driveway apron gravel and asphalt, as directed. 6.0 TOPSOIL, SODDING AND SEEDING 6.01 All azeas requiring sod shall first be fine graded, inspected by the Consulting Engineer, then prepared with IOOmm of good quality topsoil. Topsoil and sodding shall meet the requirements of OPSS 570 and 571, in addition to meeting any additional requirements set out in these specifications. Boulevards shall have 2% positive drainage toward the curb and shall be fully sodded, except in azeas covered by driveway aprons or sidewalk. 6.02 All topsoil shall be free from native till or clay, roots, vegetation, weeds or debris, stones and clods over SOmm in diameter. Imported topsoil, if required, shalt be fertile, loamy, screened material of a quality acceptable to the Director (containing approximately 4% organic matter for clay looms and 2% minimum organic matter for sandy looms with acidity range of 6.0 PH). Topsoil infested by the seeds of noxious weeds will not be acceptable. 6.03 All sod shall meet the requirements of Ontario Sod Grower's Association No. 1 Bluegrass Fescue Nursery sod. The sod shall be taken from good loamy soil and shall be healthy, well permeated with roots, have uniform texture and appeazance and be free from weeds. Sod must be laid within thirty-six (36) hours of being cut. Caze must be taken during its transportation and placement to prevent any drying out. Sod shall match flush with all adjacent surfaces and shall have no open gaps, overlapping edges or uneven joints. Where adjacent or fronting lands have already been sodded, care must be taken to ensure Page 73 of 90 CL2010-5 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING DIVISION SURFACE ASPHALT, VARIOUS LOCATIONS Page 74 of 90 CL2010-5 SCHEDULE (H) DESIGN GUIDELINES (contint~d) INSPECTION, MATERIALS AND CONSTRUCTLON-41 drainage is maintained and a smooth transition is achieved. On slopes 3:1 and steeper, sod shall be staked as required. 6.04 Laid sod shall be immediately rolled to produce an even surface and watering shall commence immediately thereafter and shall continue on a regulaz basis until healthy roots aze well established and permanent. If sod fails to establish immediately, it shall be removed and replaced. No attempt shall be made to try to re-establish weak/dead sod through continual watering, unless specific permission is granted by the Director. The entire work shall be done in a thoroughly workmanlike manner with an even surface, and professional in appearance. Any sod deemed unfit by the Director shall be immediately removed from site and replaced. In this regazd, it is in the best interest of the contractor to communicate with residents regarding the needs of newly laid sod over the first year. 6.05 Where approved by the Municipality, hydraulic seeding and mulching may be performed provided that it conforms to the Ontario Provincial Standazd Specification No. 572- THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING DIVISION SURFACE ASPHALT, VARIOUS LOCATIONS Page 75 of 90 CL2010-5 CORPORATION OF THE MUNICIPALITY OF CLARINGTON CONTRACT NO. CL2010-5 SCHEDULE (I) STANDARD DRAWINGS AND KEY MAPS THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING DIVISION SURFACE ASPHALT, VARIOUS LOCATIONS Page 76 of 90 SCHEDULE (I) STANDARD DRAWINGS AND KEY MAPS A MAIN10lE FRAME AND Cam OPSD M1.0f0 ~- EOOE OF PAVE11E.li OPSO !00.010 i~ ~ ' `` ` / 1 1 I vwEs R~0 80 ~ . RW.SO ~ -~ R~0.Sp GVftER L1NE A EIXiE OF PAVEIENf A r--- -- ~ 1 1 vARRs i R~0.60 R_D.00 A CATCH H141N iRAME AND OMTE (OPSD ~N10.OR0) OO11EA ORAOE PAVEMENT GRA ~ ~~-) DE -1R1E SECTION A-A ALL p1ETI5NWS Oi METRES E%CEPT YAIEAE NOTED. DMR DATE: POOR 10 MAINTENANCE H E ': ~ N OOA OLE AN D CATCH BASIN R E\ ' T 8001 DT 9CAI.E: N.T.S A~ SETBACK FOR CURB AND GUTTER S-505 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING DIVISION SURFACE ASPHALT, VARIOUS LOCATIONS Page 77 of 90 SCHEDULE (I) STANDARD DRAWINGS AND KEY MAPS (continued) O Cy1 tDD NA W N--~ Z H R j LO o % ~O~ ='~IT'~~1 ~~-.II I fir'. -o oc.o >•0 0 >•q m R « 3 m a»^~ 3 = o a a Q N o c ° ,. o o' o n q8'~a:°~OO 88~i~. p.' ~' b b w ~ J q w ~ q 1° x° ° ~w n 523 w a o'o~°,Z "$ 3 g SX'~~o_n w3o~c-° 3 0 o E g Q w ~» ~ .. A w .wnS°qso mc$ c o c o R w ? c a n °~ o~ e ~ u 1° m `e ~ ~ ~ m° N~ ~ o a q~° q T~ 0 b J a o ~~ ~o J C~ Z uoS coil A_~~o m C -i b NO Nq.O q W ~ 0 =n O -mo oa~ m 3 H ~ocw ° n DITI 5 ~.w o Nc B.S Z n 3 O~ C DD ~ 3 0~ a~ ~~ ~ iO a° .qJ.~ S q n o 1~7 O ? o o °, m a n q C p w ~ w m° ~~ ~ 3 ° ° o C ~ ~ ~, ~W ~ $ 3 c Z q 3 "~ ~ ~ rt a 3 I I = ~ I I ~ ~I N v D_ t~~R ~N]. HI i ~ 3 ~ ' 3~~ y e ""s ; ~~ w os$ n c a~.o ly ti E ~R' E ~o C m m s m 0 25 ~ ' ~~ i I. o y n ~I ~ -,,.,.. l____.._ ~ ~ 350mm Nota 4 225mm Note I ~ ~ ~ 2~ I .n z w i ` ES : : ; VOf10Ee U T ~~~ N ° ~a O ~ 1 ~a ~, 9 D ,.r C~.~i O ^3 N3 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING DIVISION SURFACE ASPHALT, VARIOUS LOCATIONS Page 78 of 90 cl ~mn_s SCHEDULE (I) STANDARD DRAWINGS AND KEY MAPS (continued) 1 Concrete shall wMorrn to OP55 specHkatione (3fMAPa, 7S t1.57i air). 2 Contraction jo1MS every 3.Om (madmum). Sow-wte to M 25S of total depts. S Curing compound is to he sprayed on within one hour of finlMinq. 4 AddWonal width required whero Curb is ad)aesnt to sidewalk STANDARD CURB AND GUTTER mo. sess ~ C-302 STANDARD CURB AND GUTTER BARRIER CURB THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING DIVISION SURFACE ASPHALT, VARIOUS LOCATIONS Page 79 of 90 CI 2070-5 SCHEDULE (I) STANDARD DRAWINGS AND KEY MAPS (continued) A ~a -- - / B ~ ~ i n«rm .~ D/l%l0/I01 ~ A ~ i B -----~ PLAN o rein[ m e[ wewenr ~ xam Mm nmasr /// I r-~I i I I I i L- - ruu oewh , oowune .bxr SECTION 6-B f+ 1 For grate epeefficatione eee ODSD 100.010. 2 Stage 1 -temporary oeDhalt fi1Nr around catch basin indudinq full curb. 3 Stags II - romow aepholt ttller and complete curb in ons pour. N saMeliMr OA In ninrtw 1111MY CURB AND GUTTER DETAIL ~~ AT CATCH BASIN C-305 SECTION A-A THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING DIVISION SURFACE ASPHALT, VARIOUS LOCATIONS Page 80 of 90 SCHEDULE (I) STANDARD DRAWINGS AND KEY MAPS (continued) ~~_~ m ~ wiam SECTION A-A ~~ SURFACE PAVEMENT JOINT TREATMENT C-311 O N ~_ O ~ O " N W J m U m~ m m a v z 0 C~7 z U I LL I 0 F' w J a '~ UO z ~z ~y i w¢ ~ V D~ za 0 F O a 0 U W 2 H d 3 c c O Q } W Y O Z a N C7 2 a 0 W J W 2 U N ~ N W g Y ~, ~ < O e Cf "a .p 3 • ~, cwi w ~ CCJ ~ ~ a a C fq ~ LL ~ W J ~ ~ ~' _- ~ r~ X11~~ ~,r- 1 - --ti ~l ~I~'. ~ 17, .4`~ -- -- - _ I' ~__ '~ `~ ~' fig. ~ ~~ < Y-1 1 -; rya--~~~, ~ , r-- ~ ,~ Ii ,. ~ 1 '~ N~~ i I ~:~~~~~ ~', i ICI _ ~_ \'~_ ~ peuy YnweQulH `~ ~ ,i ', ~~ T-' g, - -- - -~ - - I ~~ ~ I ~ -- i I~-- - -1 I ~ ua91+~e~1 - -. _ _ - I i 7 , ! _ ! . ' ~~s man Imo, _~i T I ~~~~. L- ~ ~ ; r~r ff y ->- ~ ` ' +r~r~i LI I Iii, ~~• j~ ~r\~ Sri , ~ i ~ ' ~--~- i ~ i ~ ~-I,~, ~% \ ~ • %11 ~ ~ ~ ,• -s Imo-; , u~ ~ ~ y Y 1 \\t ~ I ~• ~~~~,' . \1 V , ,.~ ~ h ~ i T •.~a ~1F:~ s, ~ T,`T: \ J r ._ ~ 2 -- - ~ L ~, m ~' o in ma `oa N N OJ J mU m m v as `m Z 0 (7 2 a 5 U LL O ~W J d LL U O Z ~, ~z ~~ ~ U LL ~ oa 2 O F- O a 0 U 2 H 9 m c c 0 ~. N a a W Y Z a Z a Q Q a a F W J O W 2 U N ?g~ ~ d = ° N ° e Y ~ { N } ~ ~ ~ n y • ; ~~ t °Rp J ~ ~ U O R ~ QI ~ UN LL7 J ~ ~ C S I ~ J ~ a,0 ,~4 ~j ~ y ~ ~ ~ ~ w ~ ~' ~ \ .. .,.xo wx ~. `emu - - : r-'T' ~-- - ~ ~ awl ~'~-r-r~~~ I ~~~~~ _~~1 I i ~! ~ ~_ Zl-1~~~.: ~ ~ Z ,.~.r~-~I~ ~~I iii ~~. + -_~ ~r~'~I ~ I ~ ~~kl l T-~ T 1 ~ iLi ~ .~~~~_~ I E"~~~--- 1 ~~~i~ ` Y g ~~I I L y s I I I~ ~~~ .~ ~~~T~-rail ~~ ~ I ~ 'M~"I 1 I) ~ 3~ ~r,~` I l ~ a ~~T n `~- - R I - i~~~/~~g~~` ~ 1 I ~ i f`~ ~ - tl~~irH144 r- -~ - ~_ ~ 3~y~~-c'~~- f$ _ _ i I ~ ~ 1 -, t ~` _.~, ~ I I ~ _ - t ' - '~ ' p -_ ~ - -- - ~~ -- ,'~~~."'~~p~~ - ~;~~r~ y~~r~-.r~~"w~: ~ ~.•,+' ~~~ . ~ Imo-`' .ua~d~- _ ~4 -" ~ r ~ t ,l~' ~~P~ 1 ,_~ ~i ~ ~ ~- ,I~,~L.T~~i T. ~. ~~ 'T~ ~ -- l ~., ~ ~ a ~--~ ~ ~ ~-, ~-,-~ ,% ,_ - ~ ~ ,o` ti ` , ~ '~ =a ~ ~~, ~' i iI ` ~, ,~ l~ ,i ~ I l i al ~ I ~I ~ ; i ~"\ \ ~ ,. \y/ I Ii~~ ,~~, ~~~ ti ' ~~ ~ ~1 -Ott / o in m a 0 0 M N OD J m U m m m da F Z 0 ca z a J U W O F' w Q U d LL UO Z (~ ~ Z ~ ~ W Q ~ U LL ~ ~~ za O 0 0 U w x v v 0 w a Y W Y Z Q y L7 Z Z~ Q W 7 O W 2 V e E~ 9e. i _ cg`s `~ s e y. e;e4B16NRtY~ ~~:~ T{.~ ~ ~ ~~ ~ a ~ Z ~~O ~ WY ~ j ~~ ep ~ i , __ _ pp{{ 65 5 5 w U a . 9S 6 y p p yy ! ! y33y{{ q 1 qq RG33 W~m % 6 L - -wait"~c ..o : c :e 6 = ~ja 5 ~ _ ~ _ _ .-. -- z ~D a~~s ~ • ~ ~; ~ - - - - - - - l ~ 3 ll 'i ~' l a l ~~~ 0 I ~` al, ~ ~d'p~ ~ ~ ~QO \ ~ ,! , ;~ ,\_ 0 ~ \_ ` ,\ `~ W WZ Q ? F O _, 3 z 0 + J THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING DIVISION SURFACE ASPHALT, VARIOUS LOCATIONS Page 84 of 90 CL2010-5 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING DIVISION SURFACE ASPHALT, VARIOUS LOCATIONS Page &5 of 90 CL2010-5 ~Y. "., n f .e . .g:. 'tY~ .~-.. .. "~ ~d ti ~n~~ r-'( ~ ~ ~ ~ ~ ~*..~w'; 1 _ a L W ~~ ~ 'I ~ ~ ~ ~ Q = = W Q w m ` • ~g ~ _ ~- i ~. H~an~r~ 1 o-. ^ THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING DIVISION SURFACE ASPHALT, VARIOUS LOCATIONS Page 86 of 90 CL2010-5 CORPORATION OF THE MUNICIPALITY OF CLARINGTON CONTRACT NO. CL2010-5 SCHEDULE (J) OPS GENERAL CONDITIONS OF CONTRACT (November 2006) THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING DIVISION SURFACE ASPHALT, VARIOUS LOCATIONS Page 87 of 90 CL2010-5 SCHEDULE (J) STANDARD SPECIFICAl10NS OPS GENERAL CONDITIONS OF CONTRACT (Novembey 2006) THE OPS General Conditions have not been reproduced as part of these Contract Documents. It shall be the Contractor's responsibility to obtain the applicable edition of the following Ontario Provincial Standard Spedfications and General Conditions of Contract, November 2006 edition. OPSS No. Date OPSS No. Date OPSS No. Date OPS3 No. Date 127 A r.2009 314 Nov. 2004 353 Nov. 2006 532 June 1991 128 A r.2006 330 Ma .1994 355 Nov. 2006 570 Nov. 2007 180 Nov. 2005 334 Nov. 2007. 408. Nov. 2007 571 Nov. 2007 206 Nov. 2009 341 Nov. 2004 421 A r. 2008 572 Nav. 2003 310 Nov. 2008 351 Nov. 2005 510 Nov. 2009 577 Nov. 2006 312 Nov. 2009 350 Mar. 1998 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING DIVISION SURFACE ASPHALT, VARIOUS LOCATIONS Page 88 of 90 CL201 D-5 SCHEDULE (K) INFORMATION SHEETS NOTICE OF "NO BID" CLOSING DATE: THURSDAY, JUNE 17, 2010 IMPORTANT -PLEASE READ THIS It is important to the Municipality to receive a reply from all invited bidders. There is no obligation to submit a Tender, however, should you choose not to bid, completion of this form will assist the Munidpality in determining the type of goods or services you are interested in bidding on in the future. INSTRUCTIONS If you are unable, or do nqt wish to bid on this Tender please complete the following portion of this form. State your reason for not bidding by checking yes or no in the applicable line or by explaining briefly in the space provided. It is not necessary to return any other Tender documents. Just return this completed form in the enGosed Tender envelope prior to the official closing time and date. 1. We do not manufacture/supply this commodity 2. We do not manufacture/supply to this specification 3. Unable to quote competitively 4. Cannot handle due to present plant loading 5. Quantity/job too large 6. Quantity/job too small 7. Cannot meet delivery/completion requirements 8. Agreements with distributors/dealers do not permit us to sell directly 9. Licensing restrictions Other reasons or additional comments: Yes/No Do you wish to bid on these goods/services in the future? Yes/No For Munidpality Use Only Do Not Write In This Space Company Name: Address: Telephone: THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING DIVISION SURFACE ASPHALT, VARIOUS LOCATIONS SCHEDULE (L) QUESTIONS FOR CLARIFICATION FAX COVER PAGE QUESTIONS FOR CLARIFICATION To: Jerry D. Barber, C.P.P.O. Purchasing Manager The Municipality Of Clarington Purchasing Office 40 Temperance Street Bowmanville, Ontario L1C 3A6 TIME: FAX NUMBER: (905) 6233330 From: Company Contact Telephone: Reference to Section on Pag' Number of this Tender. Page 89 of 90 CL2010-5 Total Number of Pages including cover THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING DIVISION SURFACE ASPHALT, VARIOUS LOCATIONS Page 90 of 90 CL2010-5 SCHEDULE (M) ADDRESS LABEL PLEASE FIRMLY AFFIX THIS ADDRESS LABEL TO THE ENVELOPE CONTAINING YOUR SUBMISSION FOR SUBMITTING BY MAIL OR COURIER. --------------------------------------------------cut here-------------------------------------------------- TENDER ENVELOPE RETURN NAME OF TENDERER: NAME ................................................ ADDRESS .......................................... TELEPHONE ...................................... CORPORATION OF THE MUNICIPALITY OF CLARINGTON OFFICE OF THE CLERK 40 TEMPERANCE ST. BOWMANVILLE, ONTARIO L1 C 3A6 TENDER NUMBER: CL2010-5 SPECIFICATION: SURFACE ASPHALT, VARIOUS LOCATIONS SEALED BID CLOSING TIME & DATE: THURSDAY, JUNE 17, 2010 @ 2:00 PM --------------------------------------------------cut here-------------------------------------------------- Note: Should you decide to use your own return envelope in lieu of the label provided above, the front of your envelope must indicate ALL of the information shown on the above label. The Municipality of Clarington cannot be held responsible for documents submitted in envelopes that are not labeled in accordance with the above instructions. If you have any questions, feel free to contact Purchasing at 905-623-3379.