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HomeMy WebLinkAbout99-160 k'44' THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 99- 160 Being a By-law to authorize a contract between the Corporation of the Municipality of Clarington and Bennett Paving & Materials Ltd., Oshawa, Ontario, for Dale Park Subdivision —Completion of Outstanding Works. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS FOLLOWS: 1. THAT the Mayor and Clerk are hereby authorized to execute, on behalf of the Corporation of the Municipality of Clarington with the Corporation Seal, a contract between Bennett Paving & Materials Ltd., Oshawa, 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 s day of November, 1999. By-law read a third time and finally passed this S day of November, 1999. ;Mayo rerk D . G . Biddle & Associates Limited ' consulting engineers 96 KING ST. E., OSHAWA, ONTARIO L1H 1136 ' PHONE (905)576-8500 FAX (905)576-9730 e-mail:dgbiddle@idirect.com DALE PARK DRIVE CORPORATION OF THE MUNICIPALITY OF CLARINGTON 1 CONTRACT NO. CL-99-17 1 1 1 1 1 1 1 1 1 1 1 1 ' DALE PARK DRIVE CORPORATION OF THE 1 MUNICIPALITY OF CLARINGTON CONTRACT NO. CL-99-17 1 (Our File: 88125) FOR THE CONSTRUCTION OF STAGE 11, MUNICIPAL SERVICES 1 TOP CONCRETE CURB AND GUTTER, CONCRETE SIDEWALK, SURFACE ASPHALT, DRIVEWAY ASPHALT, 1 BOULEVARD GRADING, TOPSOIL AND SOD 1 1 1 1 1 1 i cAcontract\dalep,k.ten 1 CONTENTS Section I Contract Agreement ' Section II Form of Tender Schedule of Works Schedule of Prices ' Section III Standard Terms and Conditions ' Section IV General Conditions Section V Detailed Specifications ' Section VI St p Standard Specifications Available upon Request) ' Specification for Sodding, Seeding & Hydraulic Seeding and Mulching ' Specification for Storm Sewers & Appurtenances Specification for Portland Cement Concrete Specification for Hot-Mix, Hot-Laid Asphalt Concrete Pavement ' Specification for Selected Granular Base Course Specification for Concrete Curb and Gutter ' Specification for Concrete Sidewalks ' Regional Municipality of Durham Specification for Watermains and Sanitary Sewers (Available upon Request) ' Schedule 'A' Contractor Safety Policy and Procedure 1 ' CONTRACT AGREEMENT SECTION I ' CONTRACT NO. CL-99-17 1 1 ' THIS AGREEMENT made (in quadruplicate). BETWEEN: BENNETT PAVING & MATERIALS LTD. hereinafter called THE CONTRACTOR of the FIRST PART - and - ' CORPORATION OF THE MUNICIPALITY OF CLARINGTON hereinafter called THE OWNER of the SECOND PART ' WHEREAS the OWNER desires to have certain works constructed and WHEREAS the OWNER did accept the tender of the Contractor for Contract No. CL-99-17 for the performance of: FOR THE CONSTRUCTION OF STAGE II, MUNICIPAL SERVICES AS DESCRIBED IN THE FORM OF TENDER (Top Concrete Curb and Gutter, Concrete Sidewalk, Surface Asphalt, ' Driveway Asphalt, Boulevard Grading, Topsoil and Sod) ' in the Municipality of Clarington according to the Plans, Specifications and General Conditions hereinafter referred to: ' NOW, THEREFORE, THIS AGREEMENT WITNESSETH THAT: 1. The Contractor convenants with the Owner to do all work and furnish all material called for ' by this Agreement in strict accordance with the Instructions to Tenderers, Form of Tender, Drawings, Plans, Standard Terms and Conditions and Specifications and other Contract Documents as prepared by D.G. BIDDLE &ASSOCIATES LIMITED, Consulting Engineers, ' acting as and in these Contract Documents, entitled the Engineer. 2. In consideration of the faithfull performance of this Agreement by the Contractor in strict ' accordance with the said Plans, Standard Terms and Conditions and Specifications and with stipulations herein contained, but subject to certification by the Engineer, as hereinafter provided, the Owner agrees to pay the Contractor for such performance at the ' rates and prices set forth in the Form of Tender and attached hereto and made a part hereof, such payment to be made in accordance with the Standard Terms and Conditions and other Contract Documents attached hereto but subject always to the provisions ' respecting certification by the Engineer as hereinafter provided. ' - 2 - 3. The following documents are made a part of this Agreement: (a) True copy of the Form of Tender ' (b) True copy of the Schedule of Prices (c) Standard Terms and Conditions (d) The General Conditions ' (e) The Detailed Specifications (f) The Standard Specifications as follows: (Available upon Request) ' Specification for Sodding, Seeding & Hydraulic Seeding and Mulching ' Specification for Storm Sewers and Appurtenances Specification for Portland Cement Concrete Specification for Hot-Mix, Hot-Laid Asphaltic Concrete Pavement Specification for Selected Granular Base Course ' Specification for Concrete Curb and Gutter Specification for Concrete Sidewalks Regional Municipality of Durham Specifications for Watermains and Sanitary Sewers (Available upon Request) ' Schedule `A' Contractor Safety Policy and Procedure ' (g) The Plans or Contract Drawings found under separate cover. 4. The Contractor shall begin work as specified in the Schedule of Works of this Agreement if ordered so to do as provided in the General Conditions and shall prosecute the work so that it will be entirely completed as set forth in the Time Schedule of Works. ' - 3 - ' 5. The Contractor shall pay to the Owner, as liquidated damages and not as a penalty, the sum of One Hundred Dollars ($100.00) for each and every calendar day after the date for ' completion stipulated above during which any part of the entire work to be done under this Contract remains incomplete and the Owner shall have the right to deduct the amount of any such liquidated damages from any monies due, or which may become due, to the Contractor under this Agreement and to collect from the Contractor and its sureties any excess of such liquidated damages over and above the amount that would otherwise be due to the Contractor. ' 6. The Contractor shall p a Y to the Owner, as liquidated damages and not as a penalty, the sum of One Hundred Dollars ($100.00)for each and every calendar day after the 14thday ' of receipt of a deficiency list from the Engineer if those deficiencies have not been completely rectified. ' 7. Notwithstanding the time for completion allowed by Clause 4 of this Agreement, it is estimated that the work, if diligently prosecuted by the Contractor, can and should be ' completed as set forth in the Time Schedule of Works. 8. The Contractor shall furnish a performance bond duly executed by him as principal and ' by a licensed insurer as surety in the sum of SEVENTY-EIGHT THOUSAND, EIGHT HUNDRED & SIXTY-NINE DOLLARS and TWENTY-SEVEN CENTS ($78,869.27) for faithful performance of the work. Unless such a bond is executed and delivered to the Owner within the time limit required by the Owner this Agreement may be declared void at the option of the Owner. Until such a bond has been received and approved, no payment will be made to the Contractor for any work that may have been done under the ' Contract. 9. The Contractor shall guarantee and maintain the entire work including extra work called ' for by this Agreement for a period of one U year from the date of completion thereof as shown by the "Completion Certificate" issued by the Engineer. ' 10. The Contractor shall furnish a Contract Maintenance Bond duly executed by him as principal and by a licensed insurer as surety for 100% of the actual Contract Price, including extra work that may be performed during the course of this Contract, for a period of two (2) years from the date of completion thereof as shown by the Completion Certificate issued by the Engineer. ' 11. In this Agreement, words used in the singular number or in the masculine gender shall include the plural number and feminine or neuter gender where the context so requires. - 4 - 12. This Agreement shall extend to and be binding upon the parties hereto and their respective successors and assigns. IN WITNESS WHEREOF the parties hereto have caused to be affixed hereunto their corporate seals attested by the hands of their proper offices in that behalf. ' BENNETT PAVING & MATERIALS LTD. Per: Date: Per: Date: ' CORPORATION OF THE MUNICIPALITY OF CLARINGTON ' Per: MAYOR ' Date: tatfj a ' , Clerk ' Per: (As to the Execution by the Mayor) ' Date: ' FORM OF TENDER SECTION II CONTRACT NO. CL-99-17 1 ' TENDER BY: BENNETT PAVING & MATERIALS LTD. ADDRESS: 1255 Wilson Road North, Box 305 ' Oshawa, Ontario, L1 H 71-3 ' (Hereinafter Called the Tender) ' PROJECT: TENDER FOR CONTRACT NO. CL-99-17 CONSTRUCTION OF STAGE II, MUNICIPAL SERVICES DALE PARK DRIVE (Top Concrete Curb and Gutter, Concrete Sidewalk, Surface Asphalt, Driveway Asphalt, Boulevard Grading, ' Topsoil and Sod) CORPORATION OF THE MUNICIPALITY OF CLARINGTON ' OWNER: CORPORATION OF THE MUNICIPALITY OF CLARINGTON CONSULTANTS: D.G. BIDDLE & ASSOCIATES LIMITED ' 96 KING STREET EAST OSHAWA, ONTARIO, L1 H 1136 TELEPHONE: (905) 576-8500 ' FAX: (905) 576-9730 ' TENDERER: BENNETT PAVING & MATERIALS LTD Contractor's Name ' 1255 WILSON ROAD NORTH, BOX 305 OSHAWA, ONTARIO L1 H 7L3 ' Contractor's Address (905)728-4661 (905)728-0820 ' Contractor's Telephone Fax No. Name of Person Signing ' Position of Person Signing ' TENDERS RECEIVED BY: Office of the Clerk Corporation of the Municipality of Clarington 40 Temperance Street ' Bowmanville, Ontario, L1 C 3A6 ' - 2 - ' h Chairman General Purposes and Administration Committee T0. The P Corporation of the Municipality of Clarington RE: Contract No. CL-99-17, Construction of Stage II, Municipal Services ' Dale Park Drive Dear Sir: 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 other means of construction, furnish all materials, except as otherwise specified in the Contract, and to complete the work in strict accordance with the said Plans, Provisions, Specifications and Conditions. The Contractor understands and accepts that the quantities shown are approximate only, and are ' subject to increase, decrease, or deletion entirely if found not to be required. Attached to this Tender is a certified cheque in the amount specified in Clause 8 of the Section ' II, Form of Tender, made payable to the Corporation. This cheque shall constitute a deposit which shall be forfeited to the Corporation if the successful Contractor fails to file with the Corporation a 100% Performance Bond, and a 100% Labour and Material Payment Bond, satisfactory to the Corporation within ten (10) calendar days from the date of receipt of Notice of Acceptance of the Tender. ' Notification 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. 1. No person, firm or corporation other than the Tenderer has any interest in this Tender or in the proposed Contract for which this Tender is made and to which it relates. ' 2. This Tender is made by the Tenderer without any connection, knowledge, comparison of figures or arrangements with any other person or persons making a tender for the same work and is in all respects fair and without collusion or fraud. 3. The Tenderer has carefully examined the locality and site of the proposed works, as well as the Contract Drawings, Instructions to Tenderers, Form of Tender, General Conditions, Specifications and Agreement relating to the said Contract and the Tenderer hereby accepts and agrees to the same as part and parcel of the said Contract. - 3 - ' 3A. The Tenderer is invited to attend a SITE INSPECTION ON WEDNESDAY JUNE 2, 1999 at 10:00 A.M. to examine the site of proposed works. 4. The Tenderer having so examined the site and Contract Documents hereby tenders to enter into a Contract to supply and do all that is set out or called for in such Contract, on the ' terms and conditions, and under the provisions set out or called for in such Contract, at the unit prices set out in the Schedule of Prices hereto attached and identified by his signature. ' 5. roods and Services Tax The Tenderer shall not include the Goods and Services Tax in the tender price submitted. The Contractor shall indicate on each application for payment as ' a separate amount the appropriate G.S.T. the owner is legally obliged to pay. This amount shall be paid to the Contractor in addition to the amount certified for payment under the Contract and will therefore not affect the Contract Price. ' 6. And the Tenderer also agrees that if this Tender is accepted, the Tenderer will execute whatever additional or extra work may be required in strict conformity in all respects with the ' requirements of this said Contract. 7. And also agrees that deductions from the said Contract, if any, shall be made at the unit prices shown in the aforementioned Schedule of Prices. 6. Tender Deposits All tender submissions shall be accompanied by a Bid Deposit in the ' form of a certified cheque, bank draft, money order or cash, payable to the Corporation of the Municipality of Clarington, in the amount specified in the table below: TOTAL ANIOtN1 t 81U MlltiIM4M l E 031�' 00000 less $ ' $ 20, . or 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: Bid bonds issued by a surety approved by and in a form containing terms ' satisfactory to the Municipality's Treasurer will be accepted for tenders valued over $50,000-00 ' Bid deposit must be enclosed in the envelope with your Tender. All tender bid deposits will be returned to the respective bidders within ten (10) days ' after the Tenders have been opened except those of the two (2) low bidders, which shall be retained by the Municipality of Clarington until the successful bidder has executed the Contract. ' - 4 - 9. Public Lia flit Y Certificate of Public Liability Insurance of not less than $2,000,000.00 acceptable to the Muncipality of Clarington must be submitted prior to the Contract Agreement. ' The addition of the Municipality of Clarington must be provided as the additional party insured within the provisions of the Policy submitted. ' Workplace Safety and Insurance Board All of the Company's personnel must be covered by the insurance plan under the Workplace Safety and Insurance Act, 1997. Upon request by the Group, an original Letter of Good Standing from the Workplace Safety and 1 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 Group will not be liable to the Board for future payments in connection with the Company's fulfilment of the Contract. Further Certificates of ' Clearance or other types of certificates shall be provided upon request. 10. Safety The Contractor shall obey all Federal, Provincial and Municipal Laws, Acts, ordinances, Regulations, Orders-in-Council and By-Laws, which could in any way pertain to the work outlined in the Contract or to the Employees of the Contractor. Without limiting the generality of the foregoing, the Contractor shall satisfy all statutory requirements imposed by the ' Occupational Health and Safety Act and Regulations made thereunder, on a contractor, a Constructor and/or Employer with respect to or arising out of the performance of the Contractor's obligations under this Contract. The Contractor must review and complete Schedule 'A' At any time should the Contractor fail to adhear to said safety regulations, the Municipality of Clarington reserves the right to order all workers from the site with the cost to schedule alternative service to be at the Contractor's expense. ' 11. And also agrees that if this Tender is accepted, as aforesaid, the Tenderer will forthwith furnish and approve surety for the proper fulfillment of the Contract as required under the terms of the said General Conditions and will execute an Agreement and Bond, in quadruplicate, in form satisfactory to the Owner within ten (10) days after being notified so to do by, or by anyone acting on behalf of, the said Owner. 12. And also agrees that, should the Tenderer for any reason default or fail in any matter of thing hereinbefore contained, the Owner shall be at liberty to accept any other tender or advertise for new tenders or carry out the works in any other way as the Owner may in its sole discretion ' deem best. ' - 5 - 13. The Tenderer submits the following list of Sub-contractors whom he proposes to use and understands that no additions or changes to this list will be permitted after the closing date of ' tenders. Sub-contractors Address Trade ' 14. Each tender must be accompanied by the attached Agreement to bond form completed by the Bonding Company, properly signed and sealed, indicating that the Company agrees to become bound with the Tenderer in the amount designated in Clause 17 of the said General ' Conditions for the due performance and fulfillment of the said Contract, and all matters or things contained therein. 15. The Tenderer specifically acknowledges that the Tenderer has read and considered the provisions of the Agreement mentioned in Clause 4 hereof and particularly those portions of the said Agreement relating to the payment of money to the Contractor and the limitations, ' qualifications and conditions overriding the payment provisions of the Standard Terms and Conditions, Form of Tender, General Conditions and Specifications and making a certificate of ' the Engineer a condition precedent to entitlement to any monies under this Contract. Tenderer's Signature: (Note: If the Tenderer is a Corporation the ' Corporation Seal must be affixed.) ' Witness: Dated: this day of ' TIME SCHEDULE OF WORKS FOR CONTRACT NO. CL-99-17 FOR THE CONSTRUCTION OF STAGE 11, MUNICIPAL SERVICES ' Commencement - July 5, 1999 ' Time of Completion - July 23, 1999 The project shall be completed in 3 weeks. CONTACTS FOR INFORMATION: ' Larry Tracey - Project Construction Manager D.G.Biddle & Associates Limited Consulting Engineers (905) 576-8500 ' Fax (905) 576-9730 96 King Street East Oshawa, Ontario, L1 H 1 B6 Mrs. Lou Ann Birkett Purchasing & Supply Agent Corporation of the Municipality of Clarington (905) 623-3379 ' 40 Temperance Street Fax (905) 623-4169 Bowmanville, Ontario, L1 C 3A6 ' LIST OF WORK FOR CONTRACT NO. CL-99-17 FOR THE CONSTRUCTION OF: Asphalt Concrete Pavement ' Concrete Curb and Gutter ' Concrete Sidewalks Driveways Sodded Boulevards Fence Boulevard Trees i 1 i 1 1 1 SCHEDULE OF PRICES FOR CONTRACT NO. CL-99-17 ' This is the SCHEDULE OF PRICES forming Part of the Contract between BENNETT PAVING ' & MATERIALS LTD. and the CORPORATION OF THE MUNICIPALITY OF CLARINGTON ' THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON 1/2 DALE PARK DRIVE FORM OF TENDER ' SCHEDULE OF PRICES ITEM DESCRIPTION UNIT ESTIMATED UNIT TOTAL QUANTITY PRICE COST 1.0 GENERAL 1.1 Contract Performance&Maintenance Bond I.S. 1.00 $351.00 $351.00 1.2 Labour&Materials Bond I's. 1.00 $351.00 $351.00 ' 1.3 Liability Insurance l.s. 1.00 $216.00 $216.00 1.4 Mobilization&Demobilization l.s. 1.00 $386.00 $386.00 1.5 Ad'ust Manhole Rims to Final Grade each 5.00 $277.00 $1,385.00 1.6 Adjust CB MH Rim to Final Grade each 1.00 $277.00 $277.00 1.7 Adjust Single CB Rim to Final Grade each 3.00 $277.00 $831.00 1.8 Concrete Curb&Gutter-Top Only I.M. 180.00 $78.80 $14,184.00 ' 1.9 1.50m Concrete Sidewalk I.M. 105.00 $109.30 $11,476.50 1.10 Asphalt Curb I.M. 60.00 $11.50 $690.00 1.11 HL3 Surface Asphalt t. 175.00 $52.40 $9,170.00 1.12 HL3 Asphalt(Driveways) t. 45.00 $81.25 $3,656.25 " 1.13 19mm Cr.Limestone (Driveways) t. 250.00 $35.40 $8,850.00 1.14 Fine Gradin 7 Boulevards m2 1150.00 $4.00 $4.600.00 1.15 Topsoil&Sod m2 1150.00 $4.15 $4 772.50 1.16 Clean Single Catch Basin each 3.00 $57.25 $171.75 1.17 Clean Rear Lot Catch Basin each 2.00 $57.25 $114.50 1.18 Clean Manholes each 6.00 $57.25 $343.50 ' 1.19 Clean&Flush Storm Sewers I.M. 214.00 $5.75 $1,230.50 1.20 1.5m high chainlink fence I.M. 48.00 $68.70 $3,297.60 1.21 Boulevard trees each 10.00 $315.00 $3 150.00 ' Sub Total $69,504.10 ' CONTINGENCIES It is understood by the Contractor that Items 2.0,3.0&4.0 are Contingency items and the quantities are an estimated quantity for tender use only.Item 2.0,3.0&4.0 will only be performed by the Contractor under the direction of the Engineer and payment shall be made for the actual quantity of work in each item,as determined b the En meer. 2.0 REMOVAL&REPLACEMENT 30.00 $37.00 $1'.110.00 Re 2.1 Remove& lace Exist Base As halt m 20.00 $80.00 $1600.00 2.2 Remove&Re lace Exist. Base Curb 2.3 Remove&Replace Exist Concrete Curb&Gutter l.m. 10.00 $90.00 $900.00 2.4 Glas rid m2 10.00 $12.25 $122.50 2.5 Remove Exist. Chainlink Fence l.m. 44.00 $10.75 $473.00 Sub Total $4,205.50 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON 2/2 DALE PARK DRIVE FORM OF TENDER ' SCHEDULE OF PRICES ITEM DESCRIPTION UNIT ESTIMATED UNIT TOTAL UANTITY PRICE COST 3.0 W VALVE&SERVICE BOX 3.1 n Box Total Exposure ea. 5.00 3.2 Service or Main Box Partial Exposure ea. 5.00 3.3 New Main Box Lid ea. 1.00 3.4 New Top Section Main Box ea. 1.00 ' 3.5 New Extension Section Main Box ea. 1.00 3.6 New Bottom Section Main Box ea. 1.00 �I 3.7 New Main Box Complete ea. 1.00 ' 3.8 New No.9 Water Service Box ea. 2.00 3.9 New S.S.Rod Only Service Box ea. 1.00 3.10 New Water Service Box Lid ea. 3.00 ' 3.11 Rethreadin nly Service Box ea. 1.00 3.12 150mm Extension Service Box ea. 1.00 3.13 300mm Extension Service Box ea. 1.00 3.14 450mm Extension Service Box ea. 1.00 3.15 600mm Extension Service Box ea. 1.00 ' Sub Total 4.0 LABOUR RATES 4.1 Foreman hr. 5.00 ' 4.2 Common Labourer hr. 5.00 4.3 Skilled Labourer hr. 5.00 4.4 Tandem Dump Truck hr. 5.00 ' 4.5 Gradall hr. 5.00 4.6 Rubber Tired Backhoe hr. 5.00 4.7 450 Dozer hr. 5.00 Sub Total SUMMARY $69,504.10 ' 1.0 GENERAL $4 205.50 2.0 REMOVAL&REPLACEMENT 3.0 WATERMAIN VALVE&SERVICE BOX 4.0 LABOUR RATES 5.0 PROVISIONAL SUM $73 709.60 SUBTOTAL $5 159.67 7%GST TOTAL CONTRACT PRICE $78 869.27 ' STANDARD TERMS AND CONDITIONS SECTION III 1 CONTRACT NO. CL-99-17 ' c:tcoMract%daleprlcbid INDEX OF STANDARD TERMS AND CONDITIONS INSTRUCTIONS TO TENDERERS ! i) Contract Drawings and/or Specifications (For Tenderers) ii) Form of Tender ' iii) Closing Date and Tender Opening ' 1. Definitions 2. Submission of Bid 3. Contract t4. Clarification of the Document ' 5. Proof of Ability 6. Delivery ' 7. Pricing 8. Terms of Payment 9. Patents and Copyrights ' 10. Alternates 11. Equivalency 12. Assignment and Subcontracting 13. Financing Information Required of the Company 14. Laws and Regulations ' 15. Correction of Defects 16. Bid Acceptance ' 17. Default by Company ' 18. Contract Cancellation 19. Quantities ' 20. Samples ' _2 - ' 21. Surety ' 22. Workers' Compensation 23. Insurance 24. Liability ' 25. Visiting the Site 26. Safety ' 27. Unpaid Accounts 28. Suspension of Work ' 29. Changes in the Work ' 30. Conflict of Interest INSTRUCTIONS TO TENDERERS ' i) CONTRACT DRAWINGS AND/OR SPECIFICATIONS F R T DERER . ' Contract drawings and/or specifications may be obtained from the CORPORATION OF THE MUNICIPALITY OF CLARINGTON. ' A non-refundable plan fee of SIXTY ($60.00) Dollars(G.S.T. included) is required prior to the release of plans and tender by the CORPORATION OF THE MUNICIPALITY OF CLARINGTON. ii) FORM OF TENDER All tenders must be submitted on the Form of Tender provided for this Contract. ' All information required from the Tenderer, as indicated by blank spaces on the Form of Tender must be completed. The tender must be legible, written in ink or by typewriter and ALL ITEMS MUST BE BID, unless the tender specifically permits otherwise, with the unit price for every item and other entries clearly shown. The insertion of written or typed additions to the Form of Tender, by the Tenderer, shall invalidate the tender. ' Tenders are to be sealed and addressed to: CORPORATION OF THE MUNICIPALITY OF CLARINGTON ' Office of the Clerk 40 Temperance Street Bowmanville, Ontario, L1 C 3A6 TENDER FOR CONTRACT NO. CL-99-17 RE-STAGE II, MUNICIPAL SERVICES - DALE PARK DRIVE The tender envelope shall be plainly marked to reveal the Tenderer's name and address. All bids shall be made on the "Form of Tender" annexed hereto. A Site Meetin 9 is arranged for Wednesday, June 2, 1999 at 10:00 a.m. as outlined in the Form of Tender, Section II, Item 3A. iii) CLOSING DATE AND TENDER OPENING ' Tenders will be received until 2:00 p.m., local time on the 9th day of June, 1999 , at the office of the CORPORATION OF THE MUNICIPALITY OF CLARINGTON, 40 Temperance Street, Bowmanville, Ontario, L1 C 3A6. The tenders will be opened by the CORPORATION OF THE MUNICIPALITY OF CLARINGTON immediately following the closing. The Tenderer's or their representatives are invited to attend. rTenders received after the time and date specified shall be rejected and returned to the Tenderer. 1 iv RIGHT TO ACCEPT OR REJECT TENDERS The lowest tender may not necessarily be accepted. The Municipality of Clarington may reserve the right to accept or reject any tender. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON STANDARD TERMS AND CONDITIONS 1. DEFINITIONS Municipality - The Corporation of the Municipality of Clarington,its successors and assigns. Bidder - The person, firm or corporation submitting a bid to the Municipality. ' Company - The person, contractor, firm or corporation to whom the Municipality has awarded the contract,it successors and assigns. ' Contract - The purchase order authorizing the company to perform the work, purchase order alterations,the document and addenda,the bid, and surety. ' Subcontractor - A person, firm or corporation having a contract with the company for, or any part of, the work. Document - The document(s) issued by the Municipality in response to which bids are invited to perform the work in accordance with the specifications contained in the document. Bid - An offer by a Bidder in response to the document issued by the Municipality. ' Work - All labour, materials, products, articles, fixtures, services, supplies, and acts required to be ' done, furnished or performed by the company,which are subject to the Contract. 2. SUBMISSION OF BID ' Bid invitation shall be in accordance with the Municipality of Clarington Purchasing By-law#94-129 and will apply for the calling,receiving, and opening of bids. The Municipality will be responsible ' for evaluating bids,awarding and administering the contract in accordance with the Purchasing By-law. The bid must be submitted on the form(s) and in the envelope supplied by the Municipality unless otherwise provided herein. The envelope must not be covered by any outside wrappings,i.e.courier envelopes or other coverings. The bid must be signed by a designated signing officer of the Bidder. If a joint bid is submitted, it must be signed on behalf of each of the Bidders. ' The bid must be legible,written in ink,or typewritten. Any form of erasure,strikeout or over-writing must be initialled by the Bidder's authorized signing officer. , The bid must not be restricted by a covering letter, a statement added, or by alterations to the document unless otherwise provided herein. Failure to return the document or invitation may result in the removal of the Bidder from the ' Municipality's bidder's list. A bid received after the closing date and time will not be considered and will be returned,unopened. 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 STANDARD TERMS AND CONDITIONS I 1 1 ' 3. CONTRACT The contract consists of the documents aforementioned. The contract and portions thereof take precedence in the order in which they are named above, notwithstanding the chronological order in which they are issued or executed. The intent of the contract is that the Company shall supply work which is fit and suitable for the Municipality's intended use and complete for a particular purpose. None of the conditions contained in the Bidder's standard or general conditions of sale shall be of ' any effect unless explicitly agreed to by the Municipality and specifically referred to in the purchase order. ' 4. CLARIFICATION OF THE DOCUMENT ' Any clarification of the document required by the Bidder prior to submission of its bid shall be requested through the Municipality's contact identified in the document. Any such clarification so given shall not in any way alter the document and in no case shall oral arrangements be considered. Every notice, advice or other communication pertaining thereto will be in the form of a written addendum. No officer, agent or employee 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 therefor. 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 therefor. Work shall be subject to further inspection and approval by the Municipality. ' The Company shall be responsible for arranging the work so that completion shall be as specified in the contract. Time shall be of the essence of the contract. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON , STANDARD TERMS AND CONDITIONS 7. PRICING , Prices shall be in Canadian Funds, quoted separately for each item stipulated,F.O.B. destination. Prices shall be firm for the duration of the contract. , Prices bid must include all incidental costs and the Company shall be deemed to be satisfied as to the full requirements of the bid. No claims for extra work will be entertained and any additional work ' must be authorized in writing prior to commencement. Should the Company require more information or clarification on any point, it must be obtained prior to the submission of the bid. Payment shall be full compensation for all costs related to the work,including operating and overhead , costs to provide work to the satisfaction of the Municipality. All prices quoted shall include applicable customs duty, excise tax, freight, insurance, and all other , charges of every kind attributable to the work. Goods and Services Tax and Provincial Sales Tax shall be extra and not shown, unless otherwise specified herein. If the Bidder intends to manufacture or fabricate any part of the work outside of Canada,it shall ' arrange its shipping procedures so that its agent or representative in Canada is the importer of record for customs purposes. . I 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 STANDARD TERMS AND CONDITIONS ' 9. PATENTS AND COPYRIGHTS The company shall, at its expense,defend all claims, actions or proceedings against the Municipality based on any allegations that the work or any part of the work constitutes an infringement of any ' patent, copyright or other proprietary right, and shall pay to the Municipality all costs, damages, charges and expenses,including its lawyers'fees on a solicitor and his own client basis occasioned to the Municipality by reason thereof. The company shall pay all royalties and patent license fees required for the work. If the work or any part thereof is in any action or proceeding held to constitute an infringement,the ' company shall forthwith either secure for the Municipality the right to continue using the work or shall at the company's expense,replace the infringing work with non-infringing work or modify it so ' that the work no longer infringes. 10. ALTERNATES Any opinion with regard to the use of a proposed alternate determined by the Municipality shall be final. Any bid proposing an alternate will not be considered unless otherwise specified herein. 11. E DIVALENCY ' Any opinion determined by the Municipality with respect to equivalency shall be final. ' 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 financial arrangements have been made to fulfill the Municipality'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. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON , STANDARD TERMS AND CONDITIONS 15. CORRECTION OF DEFECTS ' If at any time prior to one year after the actual delivery date or completion of the work(or specified warranty/guarantee period if longer than one year) any part of the work becomes defective or is deficient or fails due to defect in design, material or workmanship, or otherwise fails to meet the ' requirements of the contract, the company, upon request, shall make good every such defect, deficiency or failure without cost to the Municipality. The company shall pay all transportation costs for work both ways between the company's factory or repair depot and the point of use. , 16. BID ACCEPTANCE , The Municipality reserves the right to award by item, or part thereof, groups of items, or parts thereof, or all items of the bids and to award contracts to one or more bidders submitting identical bids as to price;to accept or reject any bids in whole or in part;to waive irregularities and omissions, ' if in so doing, the best interests of the Municipality will be served. No liability shall accrue to the Municipality for its decision in this regard. ' Bids shall be irrevocable for 90 days after the official closing time. The placing in the mail or delivery to the Bidder's shown address given in the bid of a notice of award ' to a bidder by the Municipality shall constitute notice of acceptance of contract by the Municipality to the extent described in the notice of award. 17. DEFAULT BY COMPANY a. If the company: commits any act of bankruptcy; or if a receiver is appointed on account of , its insolvency or in respect of any of its property; or if the company makes a general assignment for the benefit of its creditors; then, in any such case, the Municipality may, without notice: terminate the contract. ' b. If the company: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 correct defective work; or is otherwise in default in carrying out its part of any of the terms, conditions and obligations of the ' contract,then,in any such case, the Municipality may,upon expiration of ten days from the date of written notice to the company,terminate the contract. C. Any termination of the contract by the Municipality, as aforesaid,shall be without prejudice ' to any other rights or remedies the Municipality may have and without incurring any liability whatsoever in respect thereto. ' d. If the Municipality terminates the contract, it is entitled to: i) take possession of all work in progress, materials and construction equipment then ' at the project site (at no additional charge for the retention or use of the construction equipment), and finish the work by whatever means the Municipality may deem appropriate under the circumstances; , ii) withhold any further payments to the company until the completion of the work and the expiry of all obligations under the Correction of Defects section; ' THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON STANDARD TERMS AND CONDITIONS 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 (3) working days following such request,unless additional time is granted. Samples must be submitted free of charge and will be returned at the bidder's expense,upon request, provided they have not been destroyed ' by tests, or are not required for comparison purposes. The acceptance of samples by the Municipality shall be at its sole discretion and any such acceptance shall in no way be construed to imply relief of the company from its obligations under the contract. ' Samples submitted must be accompanied by current Material Safety Data Sheets (MSDS) where applicable. 21. SURETY The successful tenderer shall, if the Municipality in its absolute discretion so desires,be required to satisfy surety requirements by providing a deposit in the form of a certified cheque, bank draft or money order or other form of surety,in an amount determined by the Municipality. This surety may ' be held by the Municipality until 60 days after the day on which all work covered by the contract has been completed and accepted. The surety may be returned before the 60 days have elapsed providing satisfactory evidence is provided that all liabilities incurred by the company in carrying out the work ' have expired or have been satisfied and that a Certificate of Clearance from the Workers' Compensation Board has been received. The company shall, if the Municipality in its absolute discretion so desires, be required to satisfy fidelity bonding requirements by providing such bonding in an amount and form determined by the Municipality. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON ' STANDARD TERMS AND CONDITIONS Failure to furnish required surety within two weeks from date of request thereof by the Municipality ' shall make the award of the Contract by the Municipality subject to withdrawal. 22. WORKERS' COMPENSATION , All of the Company's personnel must be covered by Workers' Compensation. Upon request by the Municipality, an original Letter of Good Standing from the Workers' Compensation Board shall be , provided prior to the commencement of work indicating all payments by the Company to the Board have been made. Prior to final payment, a Certificate of Clearance must be issued indicating all payments by the Company to the Board in conjunction with the subject Contract have been made and , that the Municipality will not be liable to the Board for future payments in connection with the company's fulfilment of the contract. Further Certificates of Clearance or other types of certificates shall be provided upon request. ' 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 $2,000,000.00 inclusive per occurrence for third party Bodily Injury and Property Damage or such ' other coverage or amount as may be requested. The policy shall include the Municipality as an additional named 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 respective participant prior to commencement of the work. Further certified copies shall be provided upon request. 24. LIABILITY The company agrees to defend,fully indemnify and save harmless the Municipality from all actions, suits, claims, demands, losses, costs, charges and expenses whatsoever for all damage or injury ' including death to any person and all damage to any property which may arise directly or indirectly by reason of a requirement of the contract, save and except for damage caused by the negligence of the Municipality or its employees. The Company agrees to defend,fully indemnify and save harmless the group from any and all charges, ' fines,penalties and costs that may be incurred or paid by the Municipality if the Municipality or any of its employees shall be made a party to any charge under the Occupational Health and Safety Act ' in relation to any violation of the Act arising out of this contract. 25. VISITING THE SITE ' The Company shall carefully examine the site and existing building and services affecting the proper execution of the work, and obtain a clear and comprehensive knowledge of the existing conditions. ' No claim for extra payment will be allowed for work or difficulties encountered due to conditions of the site which were visible or reasonably inferable, prior to the date of submission of Tenders. Bidders shall accept sole responsibility for any error or neglect on their part in this respect. ' THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON ' STANDARD TERMS AND CONDITIONS ' 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. ' 27. UNPAID ACCOUNTS The company shall indemnify the Municipality from all claims arising out of unpaid accounts relating ' to the work. The Municipality shall have the right at any time to require satisfactory evidence that the work in respect of which any payment has been made or is to be made by the Municipality is free and clear of liens, attachments,claims, demands,charges or other encumbrances. 28. SUSPENSION OF WORK ' The Municipality may,without invalidating the contract,suspend performance by the company from time to time of any part or all of the work for such reasonable period of time as the Municipality may determine. ' The resumption and completion of work after the suspension shall be governed by the schedule established by the Municipality. 29. CHANGES IN THE WORK ' The Municipality may,without invalidating the contract,direct the Company to make changes to the work. When a change causes an increase or decrease in the work, the contract price shall be increased or decreased by the application of unit prices to the quantum of such increase or decrease, or in the absence of applicable unit prices,by an amount to be agreed upon between the Municipality and the Company. All such changes shall be in writing and approved by the Municipality. ' 30. CONFLICT OF INTEREST No employee or member of Council of the Municipality shall sell goods or services to the Municipality ' or have a direct or indirect interest in a Company or own a Company which sells goods or services to the Municipality. GENERAL CONDITIONS SECTION IV ' c:lcontractlgancond.wpd ' GENERAL CONDITIONS INDEX E T1 N PAGE 1. INN P]PRETATION eF PI - N/A 1 ' 2. SUPERINTENDENCE AND INSPECTION 1 3. ENGINEER'S AUTHORITY: SUPERVISION AND DIRECTION OF WORK 2 4. INSPECTOR'S POWERS AND DUTIES 2 ' 5. INSPECTOR'S OFFICE 3 6. WORK TO BE DONE 3 7. INTENT OF THE PLANS AND SPECIFICATIONS 3 8. ALTERATIONS BY THE ENGINEER 3 ' 9. DISCREPANCIES BETWEEN PLANS AND SPECIFICATIONS 4 10. ESTIMATED QUANTITIES 4 11. SPECIAL WORK 4 12. CONTRACTOR'S PRESENCE ON SITE 5 13. NOTICE TO CONTRACTOR 5 ' 14. LINES AND GRADES 5 15. WORK TO CONFORM TO LINES, GRADES, ETC. 6 ' 16. WORK DONE WITHOUT LINES, LEVELS, ETC. 6 17. CONTRACT BOND 6 ' 18. MAINTENANCE OF WORK 6 19. ESTIMATES AND PAYMENTS - N/A 7 2,07. - NIA 8 21. NO CLAIM FOR INTEREST 12 22. MONIES DUE THE OWNER 12 ' 23. RIGHT TO RETAIN IMPERFECT WORK 12 ' Note: Not applicable for this Contract Refer to Standard Terms and Conditions - 2 - SECTION PA E 24. FORFEITURE OF CONTRACT 12 ' 25. COMMENCEMENT AND COMPLETION 14 26. LIQUIDATED DAMAGES 15 ' 27. SUB-CONTRACTING 15 28. OBSERVANCE OF LAWS AND ORDINANCES 15 29. PROTECTION AGAINST NEGLIGENCE AND DAMAGES 16 30. PRIVATE LANDS 16 ' 31. LIENS 17 32. ROYALTIES ON PATENTED INVENTIONS 17 33. PUBLIC LIABILITY 17 ' 34. RESPONSIBILITY FOR WORK 18 35. EMERGENCIES 18 ' 36. LOCATION OF UNDERGROUND OBJECTS 19 37. PROTECTION OF UTILITIES 19 38. ACCESS TO WORK AND ADJACENT PROPERTIES 20 39. CHARACTER OF WORKMEN 21 ' 40. CONFLICTS AND OMISSIONS 21 41. SPIRITUOUS LIQUORS 21 42. HOURS OF WORK 21 ' 43. SUNDAY WORK 22 44. STATUTORY HOLIDAYS 22 ' 45. MACHINERY AND EQUIPMENT 22 46. STORAGE OF MACHINERY AND MATERIALS 22 47. TEMPORARY SERVICES 22 ' 48. PUMPING 23 ' - 3 - ' SECTION PAGE 49. REMOVAL AND STORAGE OF PAVING MATERIAL 23 ' 50. DEFECTIVE WORK AND MATERIALS 23 51. LOSSES AND DAMAGES 23 52. USE OF WATER AND REGIONAL HYDRANTS 24 53. NOTIFICATION OF ROAD CLOSING 24 ' 54. THE OCCUPATIONAL HEALTH AND SAFETY ACT - ONTARIO REGULATION 213191 (CONSTRUCTION PROJECTS) 24 55. RELOCATION OF UTILITIES 24 56. DEVIATIONS FROM PLANS, DRAWINGS OR SPECIFICATIONS 24 ' 57. MATERIALS 25 ' 58. WORKPLACE HAZARDOUS MATERIALS INFORMATION SYSTEM REQUIREMENTS 25 t GENERAL CONDITIONS ' 1. INTERPRETATION OF PHRASES Whenever the word "Owner" is used in this contract, it shall be understood to mean the ' Corporation of the Municipality of Clarington identified as the Owner in the Agreement and his, her, their, or the personal representatives, successors and assigns. ' Whenever the word "Contractor" is used, it shall be understood to mean the person, persons, co- partnership or corporation liable to perform this contract and his, her, their, or its personal representatives, successors and assigns. ' Whenever the word "Engineer" is used in this contract, it shall be understood as referring to the person, his duly authorized agent, assistant engineer, superintendents, and inspectors acting severally within the scope of the particular duties assigned to them. Whenever the word "Contract" is used, it shall be understood to mean and include the Agreement ' to do the work entered into with the Owner, the Bond or Security, the Specifications, the General Conditions, the Tenderer, the plans and other documents referred to or connected with the said ' Agreement. Whenever the words "Directed", "Required", "Permitted", "Ordered", "Designated", "Considered necessary", 'Prescribed" or words of like import are used, it shall be understood that the direction, ' requirement, permission, order, designation or prescription, etc. of the Engineer is intended, and similarly the words "Approved", "Acceptable", "Satisfactory" or words of like import, shall mean ' approved by, or acceptable or satisfactory to the Engineer. Headings, titles and marginal notes in the contract are inspected for the convenience only and ' not as explanatory of the clause or paragraphs above or opposite which they appear. 2. SUPERINTENDENCE AND INSPECTION The Engineer shall appoint from time to time such engineer, superintendent, or inspector as the ' said Engineer may deem proper to inspect the material to be furnished and the work to be done under this contract. The Contractor shall furnish all reasonable aid and assistance required by the engineer, superintendent or inspector for the proper inspection and examination of the work and all parts of the same. The Contractor shall regard and obey the direction and inspections of any engineer, ' superintendent or inspector so appointed when the same are consistent with the obligations of this contract or said Contractor shall immediately appeal to the Engineer for his decision and shall ' respect such decision when so rendered. - 2 - 3. ENGINEER'S AUTHORITY: SUPERVISION AND DIRECTION OF WORK ' It is mutually agreed between the parties to this contract that the Engineer shall supervise and direct all work included herein. It is further agreed that the Engineer shall in all cases determine the amount of the quantities of the several kinds of work which is to be paid for under this contract, and shall determine all questions to said work and the construction thereof, and he shall in all cases decide every question which may arise relative to the execution of this contract on 1 the part of said Contractor and his estimates and findings shall be the conditions precedent to the right of the parties hereto any action on the contract and to any rights of the Contractor to receive any money under this contract. The Engineer shall within a reasonable time render a decision on ' all claims of the parties hereto and on all questions which may arise relative to the execution of the work or interpretation of the contract, specifications and plans. 4. INSPECTOR'S POWERS AND DUTIES , It is mutually agreed that the Engineer may appoint Inspectors on this work at anytime for the purpose of discovering any deviations from the plans and specifications of workmanship or of any ' material, line, grade or dimension. When notified by the Inspector of any deviation from the plans and specifications of workmanship or of any material, line, grade or dimension, the Contractor shall immediately remove all defective material and do all the necessary work to make the whole ' work conform with the plans and specifications. Should the Contractor neglect or refuse to remove promptly any defective or improper work or material after being notified by the Inspector, the Inspector may order all work to be stopped and the Owner may then take the work entirely out of ' the hands of the Contractor as hereinafter provided. A verbal notice by the Inspector to any foreman, superintendent or other agent of the Contractor , at the site of the work shall be considered as notice to the Contractor. The appointment by the Engineer of an Inspector and his presence at the site of the work or his ' absence from the site shall not relieve the Contractor of his responsibility to do all work in accordance with the plans and specifications. ' No engineer, superintendent or inspector shall have any power to waive the obligations of this contract for the furnishing by the Contractor of good material and of his performing good work as ' herein described in full accordance with the plans and specifications. No failure or omission of any engineer, superintendent, or inspector to condemn any defective work or material shall release the Contractor of the obligation to at once tear out, remove and properly replace the same , at any time upon the discovery of said defective work or material. - 3 - 5. INSPECTOR'S OFFICE The Contractor may be required to provide a suitable frame office for the use of the Inspector. It ' shall be heated and well lighted. For more details refer to Detailed Specifications. ' 6. WORK TO BED NE The Contractor shall furnish all materials, plant, tools, equipment and labour and do everything ' necessary to complete the work in accordance with the terms of this contract and the requirements of the Owner thereunder. The Contractor shall be responsible for the protection of all existing structures, the repair of all damage done to such structures, the maintenance of travel ' on streets, roads or other means of access to houses or premises and all fencing, lighting and watching necessary to provide adequate protection for the public. ' 7. INTENT •F THE PLANS AND SPECIFICATIONS ' The true intent of the Plans and these Specifications is to provide for the construction and completion in every detail of the work described therein, and it is understood that the Contractor ' will furnish all labour, material, equipment, tools, transportation and necessary supplies such as may reasonably be required to execute the contract in a satisfactory and workmanlike manner and in accordance with the Plans, Specifications and terms of the contract. 8. ALTERATIONS BY THE ENGINEER The Engineer shall have the right to make such alterations as he may see fit in the line, grade, form dimensions, plan, material, or quantity of the work herein contemplated or any part thereof, ' either before or after the commencement of the construction. Changes in the quantity of any item shall not exceed fifty percent (50%) of the estimated quantity shown on the tender form except with the consent of the Contractor. ' If such alterations diminish the q uantity of the work to be done, they shall not constitute a claim for damages for anticipated profits or otherwise on the work that they may be dispensed with. If ' they increase the amount of work, such increases shall be paid for according to the quantity actually done and at the prices established for such work under this contract provided, however, that if the Engineer shall make such changes or alterations as shall make useless any work ' already done or material already furnished or used in said work, that said Owner shall recompense the Contractor for any material or labour so used. - 4 - ' 8. ALTERATIONS BY THE ENGINEER Continued ' No work shall be regarded as extra work unless it is ordered in writing by the Engineer and with the agreed price for the same specified in said order, provided said price is not otherwise ' determined by this contract. All claims for extra work shall be made to the Engineer within thirty (30) days after the completion of the extra work and, failing such claim within this time, all rights of the Contractor for extra pay for such work shall be forfeited. ' 9. DISCREPANCIES BETWEEN PLANS AND SPECIFICATIONS ' Should there be any discrepancy between plans and specifications or between any other contract ' documents for the work herein specified, the Engineer shall define which is intended to apply to the work in hand, and the Contractor shall be bound by such decision. Any work or material not herein specified but which may be fairly implied as included in the ' contract, of which the Engineer shall be the judge shall be done by the Contractor without extra charge. ' 10. ESTIMATED QUANTITIES , This agreement including the specifications, plans and estimates is intended to show clearly all work to be done and material to be furnished hereunder. The estimated quantities of the various ' classes of work to be done and material to be furnished under this contract are approximate and are to be used only as a basis for estimating the probable cost of the work and for comparing the proposals offered for the work. It is understood and agreed that the actual amount of the work to ' be done and materials to be furnished under this contract may differ somewhat from these estimates and that the basis for payment under this contract shall be the actual amount of such work done and the material furnished. ' The Contractor agrees that he will make no claim for damages for anticipated profits or otherwise ' on account of any differences which may be found between the quantities of work actually done, the materials actually furnished under this contract and the estimated quantities contained in this agreement. ' 11. SPECIAL WORK ' Should any construction or conditions, which are not covered by the Plans or by these Specifications, be anticipated, or encountered, during construction, Supplemental Specifications ' or Plans for such work shall be prepared by the Engineer and such Plans and Specifications shall be considered a part of this contract, all the terms of which shall apply thereto. ' - 5 - ' 12. CONTRACTOR'S PRESENCE ON SITE The Contractor shall give personal attention to the faithful prosecution and completion of the work ' and shall be present either in person or by a duly authorized representative on the site of the work continually during its progress. ' The Contractor shall keep a competent English speaking superintendent or foreman upon the work, fully authorized to act for him in his absence and to receive such orders as may be given for the proper continuance of the work. Notice of any imperfections in the work or material ' furnished to any foreman or agent in charge of any portion of the same, in the absence of the Contractor shall be considered as notice to the Contractor. ' 13. NOTICE T ONTRA T R ' Any notice or communication to the Contractor shall be deemed to be well and sufficiently given and served is handed to the Contractor or any of his clerks or agents, or if posted or sent to the ' address given in his Tender for the work, attached hereto, or to his domicile or usual place of business, or to the place where the work is to be or is being carried on, or of posted to or left at his last known address; and any papers so left, sent, or addressed shall be considered to be; and ' to have been, legally served upon the said Contractor. In any written or printed notice to the contractor in respect of general, special, or other repairs, or of any work of any nature required to be done under any of the provisions of the contract, or of any other matter, it shall not be obligatory upon the Engineer, to specify minutely or in detail everything required, not to specify by measurement the exact extent thereof, or the precise spot or spots where the work or material may be defective or faulty or where any of the requirements of the Specifications have not been ' observed; but a reference in such notice to the clause or clauses bearing upon the matter, and a description of the locality in general terms and sufficiently clear in the opinion of the Engineer, to indicate where the defect or trouble exists, shall be deemed to be, and shall be, ample notice. 14. LINES AND GRADES Line and grade stakes and grade sheets relating these staked to the proposed work shall be furnished by the Engineer. The Contractor shall give the Engineer ample notice of the time and ' place where the lines and grades will be needed. All stakes, marks, etc., shall be carefully preserved by the Contractor and in case of their destruction or removal by him or his employees or any other person or by any cause, such stakes, marks, etc., may be replaced by the Engineer at the Contractor's expense. - 6 - ' 15. WORK TO CONFORM TO LINES, GRADES. ETC. ' All work shall conform to the lines and levels given by the Engineer, and shall be built in accordance with the contract plans and directions given from time to time by him, subject to such , modifications and additions as shall be deemed necessary by him during its execution; and in no case shall any work in excess of the requirements of the Plans and Specifications be paid for unless ordered in writing by him. ' 16. WORK DONE WITHOUT LINES, LEVELS, ETC. ' Any work done without lines, levels and instructions having been given by the Engineer, or ' without the supervision of an Inspector, shall not be estimated nor paid for, and work so done shall be removed and replaced at the Contractor's sole cost and expense. 17. CONTRACT BOND Before the contract is signed by the Owner, the Contractor to whom it is awarded shall deposit with the Owner a contract bond in an amount equal to one hundred percent (100%) of the total estimated contract price as set out in the Tender and properly executed by the Contractor and ' a surety. This bond shall be approved by the Owner before being accepted by the Owner and shall be furnished by a reputable bonding company licensed to do business in Ontario. 18. MAINTENANCE OF WORK ' The Contractor shall guarantee and maintain the work, and every part thereof, in perfect order and in complete repair for a period of one (1) year from the date of completion of the work. The ' Contractor shall make good in a permanent manner, satisfactory to the Engineer, any and all damage or injury to the work, both during the construction and during the period of maintenance as aforesaid, and should the Contractor, from any cause, fail to do so when ordered, then the ' Owner, at his option, after giving the Contractor twenty-four(24) hours notice, may do so, and the whole costs, charges, and expenses so incurred, may be deducted or collected by the Owner as provided in Clause 22 hereof. The decision of the Engineer is to be final as to the necessity of ' repairs, or of any work done or required to be done under the provisions of this or any other clauses in the Specifications and for the amounts expended thereunder. The term of guaranteed maintenance shall be computed from and commence on the date of completion, as shown on the ' completion certificate for payment. In addition to the conditions specified above, the Contractor shall be responsible for the repair ' of all trench settlements and any accompanying damage, from the time the trenches are executed until one (1) year after the date of completion of the contract. ' - 7 - ' 19. ESTIMATES AND PAYMENTS Within forty (40) days from the commencement of the work on a date to be determined by the ' Owner and monthly thereafter, an estimate in writing will be made by the Engineer of the amount of work done and material furnished and of the value thereof according to the terms of the contract. The first estimate will be of the amount or quantity and value of the work done since the ' Contractor commenced the performance of the contract, and every subsequent estimate, except the final one, will be the amount or quantity of work done since the last preceding estimate was made. One copy of each estimate will be delivered to the Contractor by the Engineer. The Engineer shall calculate each estimate on the work performed and material furnished up to ' and including the last working day of each month and submit the Progress Certificate to the Owner and Contractor. The Owner, subject to all conditions of the contract, shall pay to the Contractor by the last day of the following month ninety percent (90%) for such estimated value. ' When the contract is duly completed in accordance with the terms herein contained, and the entire work is accepted by the Engineer and upon receipt from the Contractor and Sub- contractors verification certificates and Workmen's Compensation Board clearance certificates, the Owner may after the expiration of 45 calendar days from the date of acceptance, pay to the Contractor such amounts of the estimated value of the work done and material furnished in ' accordance with the terms of the contract including Extra Work under Clause 20 in excess of the amounts paid under the preceding paragraph as the Owner deems proper. ' Following the acceptance of the entire work by the Engineer, a final detailed statement shall be made by the Engineer of the value of all the work done and material furnished under the contract including work done or material furnished as Extra Work under Section 20 and within 5 months ' after the date of acceptance of the entire work two copies thereof shall be delivered to the Contractor. Within one month after such delivery to him, the Contractor shall present to the Owner, one copy of such detailed statement, certified by him to be correct and also if not already ' submitted, Contractor's and Sub-contractor's verification certificates and Workmen's Compensation Board clearance certificates. Upon receipt by the Engineer of the verified statement and certificates and date of receipt by the Owner of the certified detailed statement, an amount equal to the amount of the said detailed statement, less all amounts previously paid to the Contractor, provided that the Owner may retain any portion of such payment that he deems ' necessary for its protection against Contractor, under this contract or otherwise. - 8 - 19. ESTIMATES AND PAYMENTS Continued ' Delay by the Owner in making any payment due to the Contractor following the acceptance of the entire work by the Engineer for work done or material furnished under the contract and listed on ' the final detailed statement, shall be deemed not to be a breach of the contract by the Owner but the Owner shall, in respect of any such payment made more than seven months after the date of acceptance of the entire work by the Engineer, pay the Contractor interest at the rate of 80% per , annum for the period from the day next following the expiration of the said seven month period to the date of payment. , Except as provided in this section, the Owner shall not pay interest on any amount which may at anytime become payable to the Contractor under this contract. ' Delay by the Owner in making any payment due to the Contractor following the acceptance of the entire work by the Engineer for work done or material furnished under the contract and listed on , the final detailed statement, shall be deemed not to be a breach of the contract by the Owner. 20. EXTRA WORK If, during the performance of this contract, the Engineer shall order in writing other work done or ' materials furnished which in his opinion, cannot be classified under the unit prices of this contract, or which, in his opinion, are not called for by this agreement and the exhibits thereto, the Contractor shall do and perform such work and furnish such material and shall be paid therefore, ' as outlined below. The Engineer may request of the Contractor, prior to commencing work to submit an hourly rate ' for all equipment to be used on site. The hourly rate shall include the cost of the operator, fuel, etc. The Contractor shall also submit an hourly rate for all labour cost to be used on site including overhead and payroll burden. ' The rates submitted by the Contractor must be reasonable and acceptable to the Engineer. If the rates submitted are not deemed acceptable, the following shall apply: ' For the purposes of this section, "Cost of Labour" means the amount of wages, salary and payroll ' burden paid or incurred directly by the Contractor to or in respect of labour and supervision by foremen actively and necessarily engaged on the extra work based on the recorded time and hourly rates of pay for such labour and supervision, but shall not include any payment or costs ' incurred for general supervision, administration or management time spent on the extra work or any wages, salary or payroll burden for which the Contractor is compensated by any payment made by the Owner for equipment. ' - 9 - 20. EXTRA WORK Continued "Payroll Burden" means the payments in respect of Workmen's Compensation, vacation pay, unemployment insurance, public liability and property damage insurance, sickness and accident ' insurance, pension fund and such other welfare and benefit payments as form part of the Contractor's normal labour costs and shall include any cost or expense as the Engineer may ' approve, which has been incurred by the Contractor for food, lodging or similar items. "Cost of Material" means the cost of material purchased by the Contractor for the extra work as ' shown by itemized invoices and the cost of material from the Contractor's stock used on the extra work, valued at current prices. ' 'The 127 Rate" means the rate for a unit of equipment as listed in O.P.S.S.Form 127 (Schedule of Rental Rates for Construction Equipment)which is current at the time the extra work is carried out or for equipment which is not so listed, the rate which has been calculated by the Engineer using the same principles as used in determining the 127 rates. "Rental Equipment" means equipment that is rented from a person, firm or corporation that is not an associate or affiliate of the lessee as defined by the Securities Act, R.S.O. 1970, Chapter 426 and does not include equipment that is being paid for under a rental purchase agreement or ' under a lease purchase plan. "Working Time" means each period of time during which a unit of equipment is actively and of necessity engaged on a specific operation and the first two hours of each immediately following ' period during which the unit is not so engaged but during which the operation is otherwise proceeding and during which time the unit cannot practically be transferred to other work but must ' remain on the site in order to continue with its assigned tasks and during which time the unit is in a fully operable condition. ' "Standby Time" means any period of time which is not considered working time and which together with the working time does not exceed 10 hours in any one working day and during which time a unit of equipment cannot practically be used on other work but must remain on the site in order to continue with its assigned task and during which time the unit is in fully operable condition. ' "Work" means Extra Work approved by the Engineer and paid for on a time and material basis. Such work may be supervised by the Engineer and shall be carried out by an equipment and labour force and in such a manner as the Engineer may approve and subject to such exceptions ' as the Engineer may permit in writing the work, shall be subject to all the terms, conditions, specifications and provisions of the Contract. - 10 - ' 20. EXTRA WORK Continued ' Daily work records prepared by the Contractor and reporting the labour and equipment employed and the material used on each extra work project shall be reconciled and signed by the ' Contractor's representative each day. The Owner will pay the Contractor for labour and supervision employed on each extra work ' project at the rate of 115% of the cost of labour up to $1,000.00 plus 105% of any portion of the cost in excess of$1,000.00. , The Owner will pay the Contractor for material used on each extra work project 110% of the cost of material up to $1,000.00 plus 105% of any portion of the cost in excess of $1,000.00. ' The Owner will pay the Contractor for the working time of equipment other than rented equipment on the basis of 15% less than 127 Rates, with a cost adjustment as follows: ' a) Where the cost based on 127 Rates of all non rented equipment used on the extra work project is $5,000.00 or less, there will be no adjustment. ' b) Where the cost based on 127 Rates of all non rented equipment used on the extra work project is greater than $5,000.00 but less than $10,000.00 the Owner will pay the ' Contractor $5,000.00 plus 90% of the portion in excess of$5,000.00. C) Where the cost based on 127 Rates of all non rented equipment used on the extra work ' project is greater than $10,000.00 the Owner will pay the Contractor $9,500.00 plus 80% of the portion in excess of $10,000.00. ' The Owner will pay the Contractor for the working time of rented equipment used on the extra work project at 95% of 127 Rates. ' Where the Contractor makes use of operated rented equipment, the Owner will pay the Contractor for the working time of operated rented equipment, used on the extra work project at ' 100% of the operated equipment invoice price approved by the Owner prior to the work being carried out. The Owner will pay the Contractor for the standby time of equipment other than rented equipment ' at one-third of the rates previously agreed on. ' - 11 - ' 20. EXTRA WORK Continued The Owner will pay the Contractor for the standby time of rented equipment and for the downtime ' of rented equipment which has been idled by the circumstances giving rise to the extra work project at 35% of the rates previously agreed on. Alternatively, however, the Engineer may require rented equipment idled by the circumstances giving rise to the extra work project, to be ' returned to the lessor until the work requiring the equipment can be resumed, in which case, the Owner will pay such costs as result directly from the enclosed return of the equipment. ' When the equipment is transported to or from the site of the work, payment will be made by the Owner only in respect to the transporting units. When equipment is moved under its own power it shall be deemed to be working. The method of moving the equipment and the rates shall be ' subject to the approval of the Engineer. Where the Contractor arranges for the extra work to be carried out by others, the Owner will pay ' the Contractor 105% of the compensation as herein before provided. However, such percentage allowance over the prescribed compensation shall apply only once regardless of the number of times the work has been assigned or subject and no percentage allowance over the prescribed ' compensation will be paid to any associate or affiliate as defined by the Securities Act, R.S.O. 1970, Chapter 426 or in respect of any compensation for rented equipment. ' Except where there is agreement to the contrary the compensation as herein provided shall be accepted by the Contractor as compensation in full for all costs and expenses arising out of all ' extra work and no other payment or allowance will be made in respect of such work. Notwithstanding any other provision of this section, no payment shall be made to the Contractor for or in respect of hand tools or equipment that are tools of the trade. Each month, the Contractor may submit an invoice to the Engineer covering work performed on ' the extra work project during the preceding month and to the extent that the work covered by the invoice can be verified by the Engineer, the invoice will be processed by the Owner for payment. The final invoice shall be submitted by the Contractor within 30 days after the completion of the extra work project. Separate invoices shall be submitted in triplicate for each extra work project. Each invoice shall include the order number and covering dates of the work and shall itemize separately, payroll burden, labour, materials and equipment and submitted with the invoice, shall be invoices for materials, rented equipment and other charges incurred by the Contractor on the extra work. - 12 - , 21. NO CLAIM FOR INTEREST ' The Contractor shall not be entitled to any interest upon any bill for extra work on account of delay in its approval by the Engineer. ' 22. MONIES DUE THE OWNER ' All monies payable to the Owner by the Contractor under any stipulation herein, or to the ' Workmen's Compensation Board as provided hereunder, may be retained out of any monies then due, or which may become due from the said Owner to the Contractor under this or any other contract with the Owner or otherwise howsoever, or may be recovered from the Contractor and ' his sureties, or any of them in any court or competent jurisdiction as a debt due to the Owner, and the Owner shall have full power to withhold in whole or in part any estimate or certificate if, in his opinion, the Contractor is or is likely to be indebted to the Owner as aforesaid even though the ' amount of such indebtedness is unascertained if the circumstances arise which may indicate to him the advisability of so doing though the sum to be retained may be unascertained. 23. RIGHT TO RETAIN IMPERFECT WORK If any part or portion of the work done or material furnished under this contract shall prove , defective and not in accordance with the plans and specifications or other contract documents, in addition to any other remedy of the Owner under this contract, the Engineer shall have the right ' to retain such work and to make such deduction from the payment to be made for such work as he deems just and reasonable. ' 24. FORFEITURE OF CONTRACT ' If the Contractor shall neglect or refuse to sign the Plans before commencing work, or neglect to fail to commence work within seven (7) days after the date of the Engineer's order to commence, ' or if he shall become bankrupt or insolvent, or compound with his creditors, or commit an act of insolvency, or shall transfer, assign or sublet, or attempt to transfer, assign or sublet this contract, or any part thereof, without the consent of the Owner, of if at any time the work, or any part thereof, is, in the judgement of the Owner, not executed or not being executed in a sound workmanlike manner, to his satisfaction and in all respects in strict conformity, with the contract, or if the work or any part thereof, is not progressing continuously and in such a manner as to ensure its entire completion, in the judgement of the Owner, within the time stipulated or if the Contractor shall refuse or neglect forthwith, when so ordered, to conduct the work so as to ensure its completion, ' ' - 13 - 24. FORFEITURE OF CONTRACT Continued in the opinion of the Owner, within the time stipulated, or if the said time has expired, and the ' work be not completed, or if the Contractor shall refuse, or neglect to take down, repair, alter or amend any defective or unsatisfactory work, or to remove any condemned material or workmanship and to replace the same with proper material and workmanship or to comply with ' any reasonable order he may receive from the Owner, or if the Contractor shall persist in any course in violation of any of the provisions of this contract, then, in each and any such case, after 24 hours' written notice from the Owner, to the Contractor, the Owner shall have the full right and ' power, at his discretion, without process or action at law, to take the whole work, or any part or parts thereof specified in the said notice, out of the hands of the Contractor, and the Contractor, upon receiving notice to that effect shall vacate possession and give up said work, or the part or ' parts thereof specified in the said notice, peacefully to the Owner, who may either relet the same to any other person or persons, with or without its being previously advertised, or may employ ' workmen and provide materials, tools, transportation and all other necessary things at the expense of the Contractor, or may take such other steps as he, the said Owner, may consider necessary or advisable, in order to secure the completion of the said work to his satisfaction; and the Contractor and his surety in every case shall be liable for all damages, expenditures and extra ' expenditure, and for all additional cost of the work which may be incurred by reason thereof together with the amount of liquidated damages from the date fixed for the completion of the work, ' and the same may be deducted or collected by the Owner, as provided by Clause 22 hereof. All the powers of the said Engineer with respect to the determination of any doubts, disputes and differences, and the determination of the sum or sums, or balance of money to be paid to or ' received from the said Contractor, and otherwise in respect of the contract, shall nevertheless continue in force. The fulfillment by the Contractor of any stipulation in this contract may be enforced by legal proceedings and judgement, or order of court, without prejudice to any other ' remedy herein contained. In case of work, or any part thereof, is taken out of the hands of the Contractor, as herein ' provided, it shall in no way affect the relative obligation of the Owner and the Contractor, or his surety, in respect of their obligations, or in respect of the remainder of the work (if any) nor-shall it be any excuse for delay in completing the same; and all material, plant, scaffolding, scantling, ' cofferdams, dredges, pumps and pumping machinery, fixed tackle and other erections, appliances and plant thereon, shall at the option of the Owner, remain on the work until completion, at such ' rental (if any) as the Owner may deem reasonable. - 14 - ' 24. FORFEITURE OF CONTRACT Continued ' If any balance of the contract price, or other money payable by the Owner hereunder shall remain in the hands of the Owner upon the expiration of the period of guaranteed maintenance, the same , shall be payable to the Contractor or the person legally representing him; but neither the Owner nor any officer thereof shall be liable, or accountable to the Contractor in anyway for the manner in which, or the price at which, the said work, or any portion thereof, may have been or may be , done or completed by the said Owner. Neither an extension of time for any reason beyond the date fixed herein for the completion of the ' contract, nor the construction of and payment for any portion of the work called for by this contract, shall be deemed to be a waiver by the Owner of the right to abrogate this contract for , abandonment, delay or any other reason consistent with the Specifications and General Conditions. 25. COMMENCEMENT AND COMPLETION The work shall not be commenced until the Contractor has obtained or received a written order , to commence the same, signed by the Engineer and it shall thereupon be commenced at once, and continuously and with utmost dispatch carried on to completion (subject as herein provided) ' and shall be completed and full possession thereof given to the Owner within the time specified in Clause 4, of Section 1 (Contract Agreement) unless a longer period shall be allowed in writing by the Owner, in which case it shall be carried on to completion and possession given to the Owner within the additional time as allowed. The Owner shall have the right to set a completion date for each part of the contract work and the Contractor is to finish each part of the contract work awarded to him within the period so fixed by the Owner to be allowed as aforesaid counting ' from the date of the Engineer's order to commence the same, but in the event of delay caused by strikes, or combinations on the part of the workmen employed, from such other cause as is beyond the Contractor's control, or in the event of extras or additional work being ordered by the ' Engineer, the Owner may allow such additional time for the completion as he may deem fair and reasonable provided the Contractor applies in writing for any extension of time, at the time such ' delays occur, or such extras or additional work is ordered, and satisfies the Owner that he is justly entitled to a further time allowance. - 15 - ' 26. LIQUIDATED DAMAGES The date of completion is a material part of this contract, and time being in all respect of the ' essence of this contract, should the Contractor fail to complete the work within the time specified, or any enlargement thereof by the Owner, the Contractor shall pay the Owner the sum as stated in the General Agreement for each and every day that the work remains uncompleted and not ' ready for final acceptance by the Owner after the time specified for the completion thereof or any enlargement thereof by the Owner whether the contract has been forfeited or abandoned by the Contractor or not, and it is mutually agreed between the Owner and the Contractor that the said sum as stated in the Contract Agreement shall be considered as predetermined and ascertained liquidated damages and not as a penalty. ' The Owner shall be at liberty to deduct such liquidated damages from any sum due to the Contractor from the date or dates specified in the contract for the completion thereof, but the Owner shall not be bound to deduct the liquidated damages, or any part thereof as they accrue due and shall not by not deducting the said liquidated forego or waive any right to deduct them at a subsequent time or to recover them from the Contractor as the Owner may deem advisable. tThe certificate to the Owner as to such number of days shall be final between the parties. ' 27. SUB-CONTRACTING The said Contractor further agrees that he will give his personal attention to the fulfillment of the ' agreement and that.he will not sublet the aforesaid work or the furnishing of the aforesaid material but will keep the same under this personal control, and that he will not assign by power of attorney or otherwise any portion of the said contract unless by the and with the previous written ' consent of the Owner. ' 28. OBSERVANCE OF LAWS AND ORDINANCES The Contractor shall be subject to all the laws and ordinances of the Municipality in the Province ' of Ontario, within which this agreement is to be fulfilled and said Contractor shall be entitled to no exemption therefrom on account of this contract. 1 - 16 - ' 29. PROTECTION AGAINST NEGLIGENCE AND DAMAGES 1 Should any work be done or material furnished or placed on public streets or ways or in any other 1 place where protection is necessary, the Contractor shall at all times and especially during the night, put up and maintain such barriers and red lights and take such other needful precautions as may be necessary or prevent effectually the occurrence of any accidents in consequence of ' the work being done or material being deposited in such places, and the Contractor shall be liable for all damages occasioned in this way by reason of his act or neglect or that of any sub- contractor or any agent, employee, or workman; and the said Contractor shall save and keep harmless the said Owner from all suits or demands for damages alleged to have occurred to persons or property by reason of said work or of so placing said material or from said act of negligence. The Contractor further agrees during the performance of the work to take all ' necessary precautions and to place proper guards for the prevention of accidents and put up at night suitable and sufficient light, and will indemnify and save harmless the Owner from all damages and costs to which the Owner may be put by reason of injury to persons or property, 1 resulting from negligence or carelessness in the performance of the work in guarding the same, or from any improper material used in its construction or by or on account of act or omission of the Contractor, Sub-Contractor, or their agents or employees; and the Contractor hereby further 1 agrees that the whole or so much of the money due under or by virtue of the agreement as shall be considered necessary by the Engineer shall or may be retained by the Owner until all suits or claims for damages, as aforesaid, have been settled and satisfactory evidence to that effect 1 furnished by the said Engineer. The said Contractor shall take proper means to protect the adjacent or adjoining property or ' properties in any way encountered or which might be injured by any process of construction to be undertaken under this agreement, and he shall be liable for any claims for damages on 1 account of his failure to fully protect all property injured during or on account of such construction. 30. PRIVATE LANDS 1 The Contractor shall not enter upon or occupy with men, tools, or materials of any nature, any 1 lands outside of the public streets and roadways and the right-of-way shown on the plans, except after written consent has been received by him from the proper parties, and a certified copy of such consent shall have been furnished to the Engineer. ' i 1 1 1 1 - 17 - ' 31. LIEN The Contractor and its surety and its and their successors and assigns, and any and all other ' parties in any way concerned, shall fully indemnify the Owner and all its officers, servants, and employees from any and all liability or expenses by way of legal costs or otherwise in respect to any claims which may be made for a lien or charge at law or in equity or to any claim or liability under the Construction Lien Act, 1983, or to an attachment for debt, garnishes process other otherwise, and shall fully indemnify the Owner against any loss sustained by the Owner as a result of reliance on the truth of the affidavit submitted by the Contractor under Clause 19 of the ' General Conditions. The Owner may, at any time, withhold from the Contractor an amount sufficient to pay and every lien against the work of which it has notice and should the Contractor not promptly pay the amount declared by the Court to be due the claimant, the Owner is ' authorized to make such payment and shall deduct the amount thereof from monies due the Contractor. The Owner shall not in any case be liable to any greater extent than the amount owing by it to the Contractor, his executors, administrators, successors and assigns. ' 32. ROYALTIES ON PATENTED INVENTIONS The Contractor shall protect and save harmless the Owner from all and every deemed for ' damages, royalties or fees on any patented invention used by him in connection with work done or material furnished under the contract unless the article of invention is clearly and specifically required by this contract; and it shall be the duty of the Contractor, if so demanded by the Owner ' to furnish said Owner with a proper legal release or indemnity from and against all claims, and any or all payment may be withheld from said Contractor until said release is furnished. ' 33. PUBLIC LIABILITY ' The Contractor shall maintain such insurance as will protect him from any claims whatsoever, by reason of injury (including death) to persons, or damage to property resulting from negligence, carelessness, or any reason whatsoever in the performance of the work, in guarding the same, ' or from any improper material used in the construction. Such insurance shall be in the amount of $2,000,000.00 and a certificate of such insurance shall be furnished to the Owner prior to commencement of the work. The policy shall include the Owner, Engineer, Town and/or ' Municipality, as required named as if a separate policy had been issued. 1 33. PUBLIC LIABILITY Continued ' The Contractor shall assume all responsibility for any damage, liability to person and property on account of any act of commission or omissions incidental to the execution of this contract, or in ' the use and occupancy of the work site by the said Contractor, or his agent or any Sub- Contractor. ' In case any suit or other proceedings are brought against the Owner at anytime on account of or by reason of any act of commission or omissions of the Contractor or his agent or any sub- contractor incidental to the execution of this contract, the Contractor hereby agrees to pay the ' cost of or, if so requested by the Owner, to assume the defence thereof at the Contractor's own expense. The Contractor shall indemnify and hold safe the Owner from all claims made against ' the Owner as a result of the execution of the work or anything done in connection therewith including claims for personal or property damage, claims under the Construction Lien Act, 1983, and all other claims. ' 34. RESPONSIBILITY FOR WORK ' Until final acceptance of the work constructed, the Contractor shall be held responsible for any injury or damage to the structure or any part of the structure, by the action of the elements, or ' from any cause whatsoever, whether arising from the execution or from the non-execution of the work, and he shall make good at his own expense all injuries of damages to any portion of the structure before complete and final acceptance. If so requested by the Owner, the Contractor ' shall insure the work until completion in an amount satisfactory to the Owner with loss payable to the Contractor and the Owner as their interests may appear. The premium for such insurance shall be paid by the Owner. ' 35. EMERGENCIES ' Whenever, in the opinion of the Engineer, the Contractor has not taken sufficient precaution for ' the safety of the public or the protection of the works to be constructed under this contract, or of adjacent structures or property which may be injured by processes of construction on account of such neglect, and whatever, in the opinion of said Engineer, an emergency shall arise and ' immediate action shall be considered necessary in order to protect public or private, personal or property interest, then and in that event, the Owner, with or without notice to said Contractor, may provide suitable protection to said interests by causing such work to be furnished and placed or , things done as shall provide such protection as said Engineer may consider necessary and adequate. ' - 19 - ' 35. EMERGENCIES Continued The cost and expense of such work and material, so furnished, shall be borne by the said Contractor, and if the same shall not be paid on presentation of the bills therefore, then said costs shall be deducted from any amounts due or which may become due said Contractor. The performance of such emergency work under the direction of the Engineer shall in no way relieve the Contractor from any damages which may occur during or after said precaution has been duly taken by said Engineer. ' The Contractor shall apply the Engineer with the name, address and telephone number of one of his employees who may be reached twenty-four(24) hours a day and seven days a week. The employee shall be responsible for taking calls concerning the job during hours when no one would be available at the job site and shall be required to place or replace barricades and lanterns, as may be required, and to make any minor emergency repairs. He shall be equipped ' with spare barricades and lanterns at all times. ' 36. LOCATION OF UNDERGROUND OBJECTS ' It is the responsibility of the Contractor to make all inquiries and investigations needed to obtain all information required as to the location of underground objects or existing utilities or facilities and no responsibility will be assumed by the Owner for the corrections or completions of any t plans furnished by it or obtained by the Contractor with respect to existing utilities, pipes, catch basins, chambers, or other objects, either underground or on the surface and should the plots of such be found incorrect or incomplete, or should the Owner fail to deliver to disclose plans, the Contractor shall have claim on any such account. The Owner does not insure the accuracy of such information as it may furnish, and the Contractor shall not make any claim against the Owner for damages or for extra work caused or occasioned by his relying upon such records, reports or ' information either as a whole or in part, furnished by any civic department or commission company or individual. 37. PROTECTION OF UTILITIES It is the Contractor's responsibility to protect all utilities located in the vicinity of the work from damage of any nature. This refers to all utilities, both above and below ground; poles, hydrants, ' hydro and telephone wires, buried hydro and telephone cables, water and gas mains, street lights, sign standards, etc. Should damage occur as a result of his operations, the Contractor shall be required to pay the full cost of all repairs and replacement. - 20 - ' 37. PROTECTION OF UTILITIES Continued ' The work of repairing and replacing shall be done by the forces of the utility company which owns the damaged service. The cost of such work shall be chargeable to the Contractor either by , invoice or by deduction from a payment certificate. The onus rests with the Contractor to notify the utility companies when he is working in any area and to gain assurance from the utility company that his proposed method of operation will not endanger the utility in question. His ' operations shall then be conducted in such a manner as to not endanger any utilities. 38. ACCESS TO WORK AND ADJACENT PROPERTIES The Contractor must afford all reasonable and necessary facilities for carrying out their duties to ' the Owner or any of its employees or workmen as well as to any company, corporation or party owning or operating any railway, tramway, wires, pipes or conduits or other works or property on, ' alongside or near the line of the works or in their vicinity. He shall notify all such parties before interfering with any of their property, rights or privileges, and must work in harmony with them as far as he possibly can. The Engineer shall have the right at any time before, during the , construction, or after the completion of the work to open up any portion of the works, or of the ground or roadway or to grant permission for such opening to be made or left by the Contractor, as he, the said Engineer, may deem advisable, for the purpose of examining, repairing, or laying ' any water, gas or other pipes, sewers, drains, tracks or other underground or surface construction or to cause any such work as he may deem necessary or advisable to be done, and such permission or the exercise of such rights, either by the Engineer or by any other person or ' corporation having the requisite authority (either statutory or otherwise) shall not relieve the Contractor from any of his responsibilities or obligations nor shall the opening up of the portion of the work for these or any other purposes or by any other parties relieve the Contractor of such ' responsibilities or obligations except only for the portion of work actually torn up and destroyed and then only in case the Contractor applies in writing for such relief, at the time such work is being done, or within ten (10) days afterwards, and can furnish a sufficient cause in the , Engineer's opinion, why such relief should be granted. It shall, moreover, be the responsibility of the Contractor to give reasonable notice to all persons who will be deprived of access to their ' properties by reason of the work and, where practicable, to furnish alternate means of access. t ' - 21 - ' 39. CHARACTER OF WORKMEN The Contractor agrees to employ only orderly, competent, and skillful men to do the work; and ' that whenever the Engineer shall inform him in writing that any officer of the Company, man or men on the work are, in his opinion, incompetent, unfaithful or disorderly, such officer of the company, man or men shall be removed from the work and shall not again be employed on the ' same contract without the Engineer's written consent. ' 40. CONFLICTS AND OMISSIONS The Contractor shall do all work and furnish all materials in accordance with the best practice and ' in the event of any inconsistency or conflict in the provisions of the drawings and specifications, such provisions shall take precedence and govern in the following order: ' (i) Detailed Specifications (ii) Drawings ' (iii) Instructions to Tenderers (iv) Standard Specifications (v) Tender ' (vi) General Conditions The Engineer shall be permitted to make such corrections and interpretations as may be ' necessary for fulfillment of the intent of the drawings and specifications. Any work or material not herein specified but which may be fairly implied as included in this contract, of which the Engineer shall be the judge, shall be done or furnished by the Contractor at his expense. 41. SPIRITUOUS LIQUORS ' The Contractor shall neither permit nor suffer the introduction or use of spirituous liquors upon or about the works embraced in this contract or upon any of the grounds occupied by him for ' purposes of this contract. 42. HOURS OF WORK The hours of work shall be from 7:00 A.M. to 6:00 P.M. inclusive daily. The Contractor shall schedule his work within these hours and will not be permitted to commence work earlier than 7:00 A.M. and/or work later than 6:OO P.M. except as authorized by the Engineer. 1 - 22 - ' 43. SUNDAY WORK ' No Sunday work will be permitted except in case of emergency and then only with the written permission of the Engineer and to such extent as he deems necessary. , 44. STATUTORY HOLIDAYS ' In case the Contractor desires to work on a day which is a statutory holiday, he shall notify the , Engineer in writing at least four (4) days in advance of such holiday, stating those places where said work will be conducted. In such case the Contractor fails to give such notice in advance of any statutory holiday, no work within the terms of the contract shall be done on such holiday. ' 45. MACHINERY AND EQUIPMENT ' All equipment, including plant and machinery, used in construction shall be subject to the approval of the Engineer, but approval or failure to approve same shall not relieve the Contractor ' from responsibility for the proper performance of the contract, or liability under same. Where, in the opinion of the Engineer, conditions are not suitable for the use of trenching, ' excavating or other special machinery, the Contractor shall, upon the written order of the Engineer, carry out the work without the use of such machinery, and no allowance will be made to the Contractor as a result of such restriction. 46. STORAGE OF MACHINERY AND MATERIALS ' The Contractor shall be governed by the direction of the Engineer in all matters concerning the ' storage of machinery, materials and supplies along the line of the work, and shall at his own cost and expense shift or remove such machinery, materials and supplies immediately upon notice to do so from the Engineer. In case the Contractor shall neglect or refuse to shift or remove any ' machinery, materials and supplies within ten (10) working hours after receipt of such notice, the Owner may shift or remove such machinery, materials or supplies and the cost of so doing shall be charged to and paid by the Contractor, or such cost may be deducted from any monies due or to become due the Contractor. 47. TEMPORARY SERVICES ' Should the Contractor desire the services of public utilities, such as hydro, telephone, etc., the ' said Contractor shall arrange for and pay all such services and charges. 1 ' - 23 - ' 48. PUMPING The Contractor shall at all times keep all excavation, trenches or tunnels free from water, at his ' own cost and expense, while the work is in progress, shall build all dams and other work necessary for this purpose, and provide and keep in operation on the work, when necessary, a pump or pumps of sufficient capacity for the purpose. He shall provide for the disposal of water ' removed from the excavation in such manner as shall not be a danger to the public health, or private property or to any portion of the work completed or under construction either by him or by any other Contractor, or the surface of the streets, and in such manner as shall cause no ' impediment to the use of the streets by the public. Settling tanks shall be provided for removal of sand and mud, where ordered by the Engineer. The Contractor shall not hold the Owner or other contractors liable for leakage from existing sewers or from other sewers under construction, ' or from watermains. ' 49. REMOVAL AND STORAGE OF PAVING MATERIAL ' The Contractor shall grub and clear the surface wherever it may be necessary and remove all surplus materials of whatever nature or kind. He shall classify and separate all paving material, curb and gutter, all wood, flagstone or concrete sidewalk material and all other material which ' may be removed as required by the Engineer, and shall properly store, guard and preserve such as may be required for future use in backfilling, surfacing, repaving or otherwise. ' 50. DEFECTIVE WORK AND MATERIALS It is further agreed that if the work or any part thereof or any materials brought on the ground for the use in the work or selected for the same, shall be deemed by the Engineer as unsuitable or not in conformity with the specifications, the Contractor shall forthwith remove such material and ' rebuild or otherwise remedy such work so that it shall be in full accordance with the contract. ' 51. LOSSES AND DAMAGES ' All loss or damage arising out of the nature of the work to be done or from the action of the elements or from any unforeseen circumstances in the prosecution of the same, or from any unusual obstructions or difficulties which may be encountered in the prosecution of the work shall ' be sustained and borne by the Contractor at his own cost and expense. - 24 - ' 52. USE OF WATER AND REGIONAL HYDRANTS , Where the Contractor desires to use water from a Regional hydrant, he must first obtain written ' permission from the Regional Municipality of Durham. He shall follow the requirements of the Region regarding the use of the hydrant, and shall make all arrangements for the use of and payment for water from the hydrant. ' 53. NOTIFICATION OF ROAD CLOSING ' The Contractor shall notify the Police and Fire Departments before closing any roadway to traffic. 54. THE OCCUPATIONAL HEALTH AND SAFETY ACT - ONTARIO REGULATION 213/91 (CONSTRUCTION PROJECTS) ' It is the duty and responsibility of the Contractor to ensure that the provisions and regulations of the Occupational Health and Safety Act and all Regulations made thereunder are compiled with ' and all work under this contract shall be carried out in accordance with the said Act. 55. RELOCATION UTILITIES O ATI N F ' U S Utility poles and hydrants will be relocated where necessary by others by arrangement with the ' Owner and the cost of the relocation will be borne by the Owner. The Contractor will be required to co-operate with all utility companies involved in order that they ' may complete their work. The Contractor shall have no claim for compensation for any delays resulting from failure of the Owner or a Utility Company to relocate a utility. , 56. DEVIATIONS FROM PLANS DRAWINGS OR SPECIFICATIONS ' Where a contract has been awarded for the construction of any work, or the supplying of any material, the Contractor or Contractors to whom the contract for such work or the supply of such , material has been awarded shall not deviate from, or in any way alter, the plans and specifications under which such contract was awarded, without the written authority of the Engineer. ' ' - 25 - ' 57. MATERIALS ' The Contractor contracts and agrees that all of the materials used in the said work shall be of the best of their several kinds and qualities, and that all of the said materials and work shall be subject to the inspection and approval of the Engineer and in case any of the said materials or ' work shall be rejected by the Engineer, as defective or unsuitable, then the said materials shall be removed and replaced with other acceptable materials, and the said work shall be done anew immediately, to the satisfaction and approval of the Engineer at the cost and expense of the Contractor. ' 58. WORKPLACE HAZARDQUS MATERIALS INFORMATION SYSTEM REQUIREMENTS The Contractor shall provide Material Safety Data Sheets for all W.H.M.I.S. regulated products ' brought into the school, provide W.H.M.I.S. training for specific regulated products brought into the school, to any school staff who will be working in the proximity of or who may be exposed to the product. ' 1.0 Comply with Workplace Hazardous Materials Information System in accordance with the Occupational Health & Safety Act (O.H.S.A.). ' .0 Before commencement of work and during full term of the Contract, provide a list with 2 9 P current Material Safety Data Sheets (M.S.D.S.) of all hazardous materials proposed for use on the Project. 3.0 Label hazardous materials used and/or supplied on the Project in accordance with W.H.M.I.S. requirements. 4.0 Conform to Environmental Protection Act for disposal and Clean-up requirements. 5.0 Obtain from the Owner, where applicable, a List and M.S.D.S. of hazardous materials that ' may be handled, stored or used by Owner's employees and/or other Contractors retained by Owner at the location where work of this contract will be performed. 6.0 Ensure that those who handle and/or are exposed to, or are likely to handle or to be exposed to hazardous materials, are fully instructed and trained in accordance with W.H.M.I.S. requirements. DETAILED SPECIFICATIONS SECTION V DALE PARK DRIVE CORPORATION OF THE ' MUNICIPALITY OF CLARINGTON ' STAGE 11 - MUNICIPAL SERVICES ' CONTRACT NO. CL-99-17 ' c:\contract\daleprk.det ' DETAILED SPECIFICATIONS ' 1.0 GENERAL 1.1 CONTRACT PERFORMANCE & MAINTENANCE BOND ' 1.2 LABOUR & MATERIALS BOND 1.3 LIABILITY INSURANCE The lump sum price in the Tender Form for this item unless otherwise specified shall be compensation in full for the cost of the Performance and Guaranteed Maintenance Bond for 24 months and Liability Insurance as outlined in the Contract Agreement and General ' Conditions. 1.4 MOBILIZATION & DEMOBILIZATION ' The lump sum price stated in the Tender Form for this item unless otherwise specified shall be compensation in full for the following: ' a) Supply and erect al I signs, barricades, flashers, delineators and such other protection as may be required by the Engineer to protect the public during the course of the Contract. ' b) Security protection of the Contractor's office, plant and stored materials during the course of the Contract. c) Moving onto the site and setting up the Contractor's office, the field office for the Engineer's Inspector, storage facilities, plant, etc. ' d) Provide all necessary access to the project including haul roads as required and the restoration of the surface to the original condition after the haul roads are removed. ' e) Moving off the site and removal of the Contractor's office, field office, storage facilities, plant, etc. f) The Contractor shall be required to have their project supervisor present for a pre- ' inspection and post-inspection of all water service boxes, valve boxes, etc. with the Engineer's representative and other interested parties. The time of the inspections will be determined by the Engineer. It is the responsibility of the Contractor to locate all water ' service boxes and valve boxes and clearly mark them. g) It is understood by the Contractor that items 2.0, 3.0 and 4.0 are Contingency Items abd the quantities are an estimated quantity for tender use only. All work under Items 2.0, 3.0 and 4.0 will only by performed by the Contractor under the direction of the Engineer and payment shall be made for the actual quantity of work in each item, as determined by the ' Engineer. Payment will be as follows: 60% of the lump sum stated in the Tender Form for this item will be paid on the first payment certificate and 40% will be paid on the completion certificate. DETAILED SPECIFICATIONS ' 1.5 ADJUST MANHOLE RIMS TO FINAL GRADE ' The unit price tendered for this item shall include all labour, equipment and material necessary to raise or lower a manhole frame so that the final elevation of the cover shall fit the ' final elevation of the completed work as outlined below: To raise or lower a manhole rim the Contractor shall remove the existing frame, cover, brickwork and any asphalt required to adjust and/or build up the manhole walls to the correct elevation with moduloc sections and mortar laid in an approved manner and reset the frame and cover. When the mortar on the outside of the brick collar is sufficiently dry, the outside shall be coated with two (2) separate coats of bituminous waterproofing. The work shall be carried out in accordance with Standard Drawing S-112 for sanitary ' manholes and for storm manholes in accordance with the Regional Municipality of Durham "Specification for Storm Sewers and Appurtenances". ' Payment shall be made for each manhole rim raised or lowered as required by the Contract Drawings and as ordered by the Engineer. 1.6 ADJUST CATCH BASIN MANHOLE RIM TO FINAL GRADE , 1.7 ADJUST SINGLE CATCH BASIN RIM TO FINAL GRADE The unit price tendered for this item shall include all plant, labour, equipment and material ' necessary to adjust an existing catch basin frame so that the final elevation of the grate shall fit the final elevation of the completed work, as indicated on the Contract Drawings and as outlined below: ' To raise or lower the catch basin rim, the Contractor shall remove the existing frame, grate, brickwork and asphalt required to adjust and/or build up with moduloc sections and mortar laid ' in an approved manner and reset the frame and grate. When the mortar on the outside of the brick collar is sufficiently dry, the outside shall be coated ' with two (2) separate coats of bituminous waterproofing. Payment shall be made for each catch basin rim adjusted as required by the Construction Drawings and as ordered by the Engineer. ' 1.8 CONCRETE CURB & GUTTER (TOP ONLY) This item is detailed in the "Specification for Concrete Curb and Gutter' and in addition the unit ' price tendered shall include all plant, labour, equipment and material required to construct depressions and transitions at sidewalk ramps and driveways according to the Contract ' Drawings and as directed by the Engineer. The unit price must include a provision for cleaning all the material from the top surface and key of the existing base curb, straightening of all bent stirrups and replacement of 1 Om stirrups , as directed by the Engineer. The existing base course asphalt overlapping the existing base curb must be properly sawcut ' back an appropriate distance to allow for the proper installation of the second stage of the curb and gutter. Any granular material disturbed while removing the base course asphalt must be replaced and recompacted to the satisfaction of the Engineer. ' DETAILED SPECIFICATIONS ' 1.8 CONCRETE CURB & GUTTER (TOP ONLY) CONTINUED After the curb and gutter has been installed, the base asphalt previously removed must be replaced in kind to the satisfaction of the Engineer. The unit price for Item 1.6 shall include the ' cost of this asphalt. Payment for this item shall be made for the linear metre of concrete curb and gutter installed. 1.9 CONCRETE SIDEWALK The unit price tendered under this item shall include all plant, labour, equipment and material ' necessary to construct concrete sidewalks as shown on the Contract Drawings, as detailed in the "Specifications for Concrete Sidewalks", as directed by the Engineer and as outlined below: ' - The sidewalks shall be constructed in accordance with Standard N-504 and N-505. - The construction of sidewalk ramps as required. ' - The Contractor shall be paid at the unit rate tendered for this item to do whatever is necessary to reconnect, in kind all private walks to proposed walks. ' - Payment shall be made for the actual quantity of restoration required to reconnect the walks, as determined by the Engineer. ' - The excavation of boulevards and fine grading of base in preparation for sidewalk installation. ' 1.10 ASPHALT CURB 1.11 HL3 SURFACE ASPHALT 1.12 HL3 ASPHALT DRIVEWAY ' This item is etailed on the Contract Drawings and in the "Specification for Hot-Mix, Hot-Laid Asphaltic Concrete Pavements". In addition, the following conditions shall apply: ' The Contractor must be prepared to place asphaltic concrete pavement, as required and specified by the Engineer, and shall not have extra claim for compensation due to construction in separate stages or for all extra work encountered as a result of a discontinuous paving ' operation such as cleaning a previously laid asphalt course, constructing extra joints, supplying and applying a "tack coat", as required, and doing other similar work if so ordered by the Engineer. ' The unit price tendered under these items shall also include the adjustments of grade for all Durham Regional water valve boxes in order that they are flush with the finished asphaltic concrete surface. ' To facilitate the movement of traffic, the Contractor may be required to conduct his paving operations in several stages. This may involve paving single traffic lands and/or only parts of ' the roadway at a time. The unit price shall include sawcutting the edge of the existing binder in order to provide a squared surface to place the additional binder asphalt. 1 DETAILED SPECIFICATIONS ' 1.10 ASPHALT CURB ' 1.11 HL3 SURFACE ASPHALT 1.12 HL3 ASPHALT DRIVEWAYS CONTINUED The unit price tendered shall include the excavation and replacement of Granular "A" material between the existing binder pavement and curb to the required grade and made good for pavement. The unit price used for payment shall be as outlined in the Form of Tender. The Contractor shall supply to the Engineer with written confirmation of the price of the asphaltic cement in both cases. t The unit price tendered shall include the supply of asphalt cement. 1.13 19mm CRUSHED LIMESTONE BASE - DRIVEWAYS ' The unit price tendered under this item shall include the plant, labour, equipment and material required to supply, place and compact 19mm crushed limestone in the driveways as indicated ' on the Contract Drawings or as directed by the Engineer. The 19mm crushed limestone shall be placed at a thickness of 150mm minimum where there ' is no existing granular material. The unit price tendered shall also include any excavation, fine grading and work required to ' prepare the driveway base at proper grade. The existing base for the driveways in some instances may be sufficient. The Contractor shall be required to supply and compact the 19mm crushed limestone required for preparation to asphalt. Payment shall be made by the tonne as determined by the Engineer. ' 1.14 FINE GRADING BOULEVARDS The unit P rice tendered under this item shall include all labour, equipment and material ' required to grade the boulevards 125mm below finished grade between the curb and property line in preparing the boulevard for topsoiling and sodding. All other areas which require fine ' grading and such as sidewalks and driveways will be paid under those items. Payment shall be made by m2 as determined by the Engineer. ' 1.15 TOPSOIL & SODDING BOULEVARDS for Sodding, Seeding ' This item is detailed on the Contract Drawings and m the Specification S g, g and Hydraulic Seeding and Mulching". The unit price tendered includes importing acceptable topsoil. Payment shall be made by the m2 as determined by the Engineer. ' ' DETAILED SPECIFICATIONS ' 1.16 CLEAN SINGLE CATCH BASIN 1.17 CLEAN REAR LOT CATCH BASIN ' 1.18 CLEAN MANHOLE The unit price tendered for this item shall include all labour, equipment and material ' necessary to clean each catch basin and manhole of all debris, mud, asphalt, etc. as directed by the Engineer. Payment for these items shall be made for each catch basin or manhole, cleaned to the satisfaction of the Engineer. 1.19 CLEAN & FLUSH SEWERS , 1 The unit price tendered for this item shall include all plant, labour, equipment and material required to clean and flush the sanitary and storm sewers installed under this Contract. Payment for this item shall be made for the exact length of sanitary and storm sewer pipe to be cleaned and flushed as determined by the Engineer. t1.20 1.5m CHAINLINK FENCE The unit price tendered shall include all plant, labour, equipment and material to supply and ' install a 1.8m high chainlink fence as per Clarington Standard N-603 and to the satisfaction of the Engineer. ' The unit price shall be supplied and installed as per Clarington Standard N-604. All post and pipe rails to be galvanized and gauge schedule 40. All mesh to be No. 9 gauge galvanized. Payment shall be made for the linear metre installed. 1.21 BOULEVARD TREES The unit price tendered shall include all plant, labour, equipment and material to supply and install boulevard trees and in accordance with Contract Drawing L-1. The trees shall be planted as per Standard N-424 and Clarington Boulevard Tree Policy. Payment shall be made for each boulevard tree planted. i 1 DETAILED SPECIFICATIONS , 2.0 REMOVAL & REPLACEMENT ' 2.1 REMOVAL & REPLACEMENT OF EXISTING ASPHALT The Contractor shall remove, replace and dispose of any existing binder course required as , directed by the Engineer. If necessary, the Contractor shall regrade and prepare granular base for installation of new asphalt and replace. The unit price provided shall not include the removal of asphalt necessary for adjusting manhole rims, catch basins and join pavement treatment. Payment shall be made at the mZ of asphalt removed as measured by the Engineer. The Contractor shall remove and dispose of any base curb required as directed by the Engineer. If necessary, the Contractor shall regrade and prepare the granular base for installation of the new base curb. The unit price shall include all necessary sawcutting of the existing base curb and asphalt required to remove the base curb. The Contractor must also replace any asphalt disturbed by the replacement of the base curb. Payment for this item will be made for each metre of base curb replaced. 2.2 REMOVAL & REPLACEMENT OF EXISTING FULL CURB The Contractor shall remove and dispose of any full curb required as directed by the Engineer. If necessary, the Contractor shall regrade and prepare the granular base for installation of the new full curb. , The unit price shall include all necessary sawcutting of the existing full curb and asphalt required to remove the full curb. The Contractor must also replace any asphalt disturbed by the replacement of the full curb. Payment for this item will be made for each metre of full curb replaced. 2.3 REMOVAL & REPLACEMENT OF CONCRETE CURB & GUTTE The Contractor shall remove and dispose of any full curb required as directed by the Engineer. If necessary, the Contractor shall regrade and prepare the granular base for installation of the new full curb. The unit price shall include all necessary sawcutting of the existing full curb and asphalt required to remove the full curb. The Contractor must also replace any asphalt disturbed by the replacement of the full curb. Payment for this item will be made for each metre of full curb replaced. 2.4 GLASGRID ' The Contractor shall supply and place Glasgrid on the base asphalt as directed by the Engineer. , Payment for this item will be made by the m2. ' DETAILED SPECIFICATIONS ' 2.5 REMOVE EXISTING CHAINLINK FENCE The Contractor shall remove and dispose off-site the existing chainlink fence and post. ' The unit price shall include filling and compacting the existing hole. Payment shall be made for linear metre of fence removed. 3.0 WATERMAIN VALVE & SERVICE BOX EXCAVATE, EXPOSE & BACKFILL A LOCATED WATER 3.1. 3.2 SERVICE CONNECTION OR MAIN VALVE BOX ' The unit price tendered under this item shall include all plant, labour, equipment and material required to expose a water service connection or main valve box to enable the Engineer to inspect the condition of the water appurtenances and subsequent backfilling and compacting ' of the excavation after any repairs have been made, all to the satisfaction of the Engineer. The water service connection shall be exposed at the service box, at the or at the curb line, as the case may be and as directed by the Engineer ' .1 Total exposure of the main stop, curb stop, main valve box, and/or service pipe exclusively by hand. ' .2 Total exposure of the main stop, curb stop, main valve box, and/or service pipe by machine including some hand excavation as required. .3 Partial exposure of service box, main valve box exclusively by hand to a maximum depth of one (1) meter or three (3) feet. .4 Partial exposure of service box, main valve box, by machine including some ' hand excavations required to a maximum depth of one (1) meter or three (3) feet. ' 3.3 NEW MAIN BOX LID ' The unit price tendered under this item shall include all plant, labour, equipment and material required for removing a damaged watermain box lid and supplying and installing a new lid to the satisfaction of the Engineer. 3.4 NEW TOP SECTION MAIN BOX The unit price tendered under this item shall include all plant, labour, equipment and material ' required for removing damaged top section of the valve box and supplying and installing a new top section to the satisfaction of the Engineer. 3.5 NEW EXTENSION SECTION MAIN BOX The unit price tendered under this item shall include all plant, labour, equipment and material required to remove the existing and/or supply in place a new valve box extension (intermediate ' section) based on a 450mm height. Should a 300mm extension be required, there would not be a reduction in price, similarly should a 600mm extension be required, there would not be an increase in price. DETAILED SPECIFICATIONS 3.6 NEW BOTTOM SECTION MAIN BOX The unit price tendered under this item shall include all plant, labour, equipment and material required for removing damaged bottom section of valve box and supplying and installing a new ' top section to the satisfaction of the Engineer. 3.7 NEW MAIN BOX COMPLETE ' The unit price tendered under this item shall include all plant, labour, equipment and material required for removing damaged valve box and supplying and installing a new valve box complete to the satisfaction of the Engineer. 3.8 NEW NO. 9 WATER SERVICE BOX The unit price tendered under this item shall include all plant, labour, equipment and material required for removing damaged water service box and supplying and installing a No. 9 water service box complete (including a stainless steel rod) to the satisfaction of the Engineer. ' 3.9 NEW STAINLESS STEEL ROD ONLY IN SERVICE BOX The unit price tendered under this item shall include all plant, labour, equipment and material , required for removing the existing water service box and rod and supplying and installing a new(stainless steel) rod and resetting the service box, all to the satisfaction of the Engineer. 3.10 NEW WATER SERVICE BOX LID ' The unit price tendered under this item shall include all plant, labour, equipment and material required for removing damaged water service box lid and supplying and installing a new lid to the satisfaction of the Engineer. The lid supplied must be a threaded type so that the lid can be screwed onto the service box. 3.11 RETHREADING SERVICE BOX , The unit price tendered under this item shall include all plant, labour, equipment and material , required for cutting and rethreading the existing service box where the existing thread cannot be used to install a new lid under Item 3.10 above or WSB extension under Items 3.12 through 3.15 inclusive below, all to the satisfaction of the Engineer. 3.12, 3.13 3.14. 3.15 WATER SERVICE BOX EXTENSION (INCLUDING COUPLING) The unit rice tendered under this item shall include all plant, labour, equipment and material required for removing damaged extensions and supplying and installing a water service box extension. The material used for an extension shall be black pipe, the same diameter as the service box. The pipe is to be threaded such that a galvanized coupling can be used to join the extension to the service box and the service box lid shall be screwed onto the extension, all to the satisfaction of the Engineer. Under no circumstances are extensions to be used which ' fasten to the service box by the tightening of a set screw. 1 ' DETAILED SPECIFICATIONS ' 3.12, 3.13 3.14, 3.15 WATER SERVICE BOX EXTENSION (INCLUDING COUPLING) ' CONTINUED Note: When the only work required on a service connection concerns the repair of a water service box, then the Contractor shall be paid under Item 3.8 to carry out the necessary work. ' When a water box is required, coupled with other repairs for a water service connection, but not thecomplete replacement of the connection, the Contractor shall be paid under the unit price bid for a water service box. ' 4.0 LABOUR RATES ' Include payroll burden, overhead and profit. These rates shall apply for all extra work and change orders. ' 5.0 PROVISIONAL SUM The Contractor shall not be entitled to payment of any portion of this provisional sum unless he has received specific authorization from the Engineer to undertake any specified additional ' works. 1 1 a tcontractNdalspdLdM ' Pagel of 9 Tender CL99- 17 SCHEDULE ' 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 Health and Safety Act. Safety performance will be a ' consideration in the awarding of contract. Under the Occupational Health and Safety Act (Section 23 (1), (2)), it is the constructor's responsibility to ensure that: • the measures and procedures prescribed by the Occupational Health and Safety Act and the Regulations are carried out on the rp oject; ' every employer and every worker performing work on the rp oject complies with the Occupational Health and Safety Act and the ' Regulations (under the Act); and • the health and safety of workers on the qEpject is protected. ' 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. Page 2 of 9 Tender CL99- 17 SCHEDULE "A" CONTRACTOR SAFETY ' POLICY AND PROCEDURE Continued... ' Construction - includes erection, alteration, repair, dismantling, demolition, structural maintenance, painting, land clearing, earth moving, grading, excavating, trenching, digging, boring, drilling, blasting, or concreting, the installation of any machinery or plant, and any work or undertaking in ' connection with a project. Constructor - means a person who undertakes a project for an owner and ' includes an owner who undertakes all or part of a project by himself or by more than one employer. ' Project Manager- means the municipal management representative who has responsibility for a contract. ' PROCEDU RE: ' The following items are required before any Contractors are hired by the Municipality. ' a) Before beginning a project, the project manager or delegate 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 delegate must include, as part of the request 1 for tender/quotations, a copy of the above mentioned list. The list of designated substances/hazardous materials must be provided to all prospective constructors and/or contractors. ' c) The request for tender/quotations will require prospective contractors to include a list of the designated substances/hazardous materials that will be brought onto the work site and material safety data sheets. d) Before awarding a contract, 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. ' Page 3 of 9 Tender C1.99- 17 SCHEDULE "A" CONTRACTOR SAFETY ' POLICY AND PROCEDURE Continued... e) As part of the tender/quotation conditions, before award of a contract, the contractor will be required to provide proof that all workers involved with the project have the proper WHMIS training, as required by the Occupational Health and Safety Act. f) As part of the tender/quotation conditions, before award of a contract, the contractor must provide details of their Health and ' Safety program. g) The project manager . or delegate must provide the successful contractor with a workplace orientation which will include, but not ' limited to identifying known potential hazards, hazardous material inventory and material safety data sheets for the sites. A workplace orientation/Job Safety Instruction Checklist to be completed (see ' Compliance page 9). h) 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. ' i) 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. j) 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 1 work if there are any violations by the contractor of the Occupational Health and Safety Act, Municipal Health and Safety programs, policies, rules, and/or if the contractor creates an unacceptable health and safety hazard. Written warnings and/or stop work orders can be given ' to contractors using Contractor Health and Safety Warning/Stop Work Order From (Schedule "B"). ' Page 4 of 9 Tender CL99- 17 ' SCHEDULE "A" CONTRACTOR SAFETY POLICY AND PROCEDURE Continued... ' k) 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. U The Purchasing Department will maintain current certificates of clearance until all monies owing have been paid to the contractor. m) . 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. 1 Page 5 of 9 Tender CL99- 17 ' SCHEDULE °A° CONTRACTOR SAFETY ' POLICY AND PROCEDURE Continued... ' HEALTH AND SAFETY PRACTICE FORM To Contractor(s): The Municipality of Clarington is committed to a healthy and safe working ' environment for all workers. To ensure the Municipal workplace is a healthy and safe working environment, contractors, constructors and subcontractors must have knowledge of and operate in compliance with the Occupational Health and ' Safety Act and any other legislation pertaining to employee health and safety. In order to evaluate your company's health and safety experience, please provide the accident/incident and/or Workplace Safety and 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 confirming this status and number from WCB with their bid submission. ' Page 6 of 9 Tender CL99- 17 ' SCHEDULE A CONTRACTOR SAFETY POLICY AND PROCEDURE Continued... CONTRACTOR'S STATEMENT OF RESPONSIBILITY ' As a contractor working for the Municipality of Clarington, I/we will comply with all procedures and requirements of the Occupational Health and Safety Act, Municipal safety policies, department and site specific 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. 1. The contractor/successful tenderer certifies that it, its employees, its subcontractors and their employees, ' a) are aware of their respective duties and obligations under the Occupational Health and Safety Act, as amended from time to time, and all Regulations thereunder (the "AcC'); and ' b) have sufficient knowledge and training to perform all matters required pursuant to this contract/tender safely and in ' compliance with the Act. 2. In the performance of all matters required pursuant to this contract/tender, the contractor/successful tenderer shall, a) act safely and comply in all respects to the Act, and b) ensure that its employees, it subcontractors and their employees act safely and complying all respects with the Act. 3. The contractor/successful tenderer shall rectify any unsafe act or Act at Its expense practice med atel y dupon being cn notified im ied by any peon 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 site at any time or times for the purpose of inspection to determine compliance with this contractor/tender. Page 7 of 9 ' Tender CL99- 17 ' SCHEDULE "A" CONTRACTOR SAFETY POLICY AND PROCEDURE Continued- ' 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 contract/tender; ' b) against any action or claim, and costs related thereto, brought against the Municipality by any person arising out of any unsafe act or practice or any non-compliance with the Act by the contractor/successful tenderer or any of its employees, its subcontractors or their employees in the performance of any matter required pursuant to this contract/tender; and ' c) from any and all charges, fines, penalties, and costs that may be incurred or paid by the Municipality (or any of its council ' members or employees) shall be made a party to any charge under the Act in relation to any violation of the Act arising out of this contract/tender. .............................................................. Contractor Name of Person Signing for Contractor ..............ure of..............Contractor............... Sign at ............................................... Date ' Page s of 9 Tender CI-99- 17 ' SCHEDULE "A" CONTRACTOR SAFETY POLICY AND PROCEDURE Continued... ' Schedule "B" CONTRACTOR HEALTH AND SAFETY WARNING/STOP WORK ORDER ' The purpose of this form is to: (Issuer to check one of the following) Provide warning to the contractor to immediately discontinue the unsafe work practice 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 CONTRACT/P.O. # DESCRIPTION: ' NAME OF FIRM: 1 Page 9 of 9 ' Tender CL99-1 7 SCHEDULE B PART "B" - DETAILS OF INFRACTION (TO BE COMPLETED BY ISSUER) ' DATE &TIME OF INFRACTION: DESCRIPTION OF INFRACTION INCLUDING LOCATION: ORDER GIVEN BY MUNICIPALITY: ' DID THE CONTRACTOR COMP LY WITH THIS ORDER? DATE &TIME OF COMPLIANCE: ISSUED T0: CONTRACTOR'S EMPLOYEE TITLE tISSUED BY: MUNICIPAL EMPLOYEE DEPARTMENT TITLE ' PART "C" -ADDITIONAL COMMENTS THIS SECTION IS TO BE USED INTERNALLY TO RECORD ADDITIONAL COMMENTS SUBSEQUENT TO ISSUING THE WARNING/STOP WORK ORDER, I.E. DATE AND TIME WORK tRESUMED, FURTHER ACTION TAKEN, ETC. DN:EXCL9917 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON Memorandum Marie Knight Stanley, C.M.O., CMMII, Deputy Clerk To: From: Lou Ann Birkett, C.P.P., A.M.C.T., Purchasing Manager Date: November 26, 1999 Subject: Execution of Tender CL99-17 DALE PARK SUBDIVISION Please find enclosed one (1) fully executed contract document for the above noted tender. Thank you for your interest in this matter. Yours truly, S Lou Ann Birkett, C.P.P., A.M.C.T. Purchasing Manager LAB*km Encl. D . G . Biddle & Associates Limited consulting engineers 96 KING ST. E., OSHAWA, ONTARIO LiH 1136 ' PHONE (905)576-8500 FAX (905)576.9730 e-mail:dgbiddle @idirect.com 1 DALE PARK DRIVE ' CORPORATION OF THE MUNICIPALITY OF CLARINGTON 1 CONTRACT NO. CL-99-17 1 1 1 1 1 1 1 1 1 DALE PARK DRIVE CORPORATION OF THE MUNICIPALITY OF CLARINGTON CONTRACT NO. CL-99-17 ' (Our File: 88125) ' FOR THE CONSTRUCTION OF STAGE II, MUNICIPAL SERVICES TOP CONCRETE CURB AND GUTTER, CONCRETE ' SIDEWALK, SURFACE ASPHALT, DRIVEWAY ASPHALT, BOULEVARD GRADING, TOPSOIL AND SOD c:tcontractldaleprk.ten ' CONTENTS Section I Contract Agreement Section II Form of Tender Schedule of Works Schedule of Prices ' Section III Standard Terms and Conditions tSection IV General Conditions Section V Detailed Specifications Section VI Standard Specifications (Available upon Request) ' Specification for Sodding, Seeding & Hydraulic Seeding and Mulching Specification for Storm Sewers & Appurtenances 1 Specification for Portland Cement Concrete ' Specification for Hot-Mix, Hot-Laid Asphalt Concrete Pavement Specification for Selected Granular Base Course Specification for Concrete Curb and Gutter Specification for Concrete Sidewalks ' Regional Municipality of Durham Specification for Watermains and Sanitary Sewers (Available upon Request) Schedule 'A' Contractor Safety Policy and Procedure ' CONTRACT AGREEMENT SECTION I CONTRACT NO. CL-99-17 ' THIS AGREEMENT made (in quadruplicate). ' BETWEEN: BENNETT PAVING & MATERIALS LTD. hereinafter called THE CONTRACTOR of the FIRST PART - and - ' CORPORATION OF THE MUNICIPALITY OF CLARINGTON R hereinafter called THE OWNER of the SECOND PART WHEREAS the OWNER desires to have certain works constructed and WHEREAS the OWNER did accept the tender of the Contractor for Contract No. CL-99-17 for the performance of: ' MUNICIPAL SERVICES AS DESCRIBED IN THE FOR THE CONSTRUCTION OF STAGE II, U FORM OF TENDER (Top Concrete Curb and Gutter, Concrete Sidewalk, Surface Asphalt, ' Driveway Asphalt, Boulevard Grading, Topsoil and Sod) ' in the Municipality of Clarington according to the Plans, Specifications and General Conditions hereinafter referred to: ' NOW, THEREFORE, THIS AGREEMENT WITNESSETH THAT: 1. The Contractor convenants with the Owner to do all work and furnish all material called for ' by this Agreement in strict accordance with the Instructions to Tenderers, Form of Tender, Drawings, Plans, Standard Terms and Conditions and Specifications and other Contract Documents as prepared by D.G. BIDDLE &ASSOCIATES LIMITED, Consulting Engineers, ' acting as and in these Contract Documents, entitled the Engineer. 2. In consideration of the faithfull performance of this Agreement by the Contractor in strict accordance with the said Plans, Standard Terms and Conditions and Specifications and with stipulations herein contained, but subject to certification by the Engineer, as hereinafter provided, the Owner agrees to pay the Contractor for such performance at the rates and r�ices set forth in the Form of Tender and attached hereto and made a part hereof, such payment to be made in accordance with the Standard Terms and Conditions and other Contract Documents attached hereto but subject always to the provisions respecting certification by the Engineer as hereinafter provided. - 2 - ' 3. The following documents are made a part of this Agreement: ' (a) True copy of the Form of Tender (b) True copy of the Schedule of Prices (c) Standard Terms and Conditions (d) The General Conditions ' (e) The Detailed Specifications (f) The Standard Specifications as follows: (Available upon Request) ' Specification for Sodding, Seeding & Hydraulic Seeding and Mulching ' Specification for Storm Sewers and Appurtenances Specification for Portland Cement Concrete Specification for Hot-Mix, Hot-Laid Asphaltic Concrete Pavement ' Specification for Selected Granular Base Course Specification for Concrete Curb and Gutter Specification for Concrete Sidewalks ' Regional Municipality of Durham Specifications for Watermains and Sanitary Sewers (Available upon Request) Schedule `A' Contractor Safety Policy and Procedure ' (g) The Plans or Contract Drawings found under separate cover. 4. The Contractor shall begin work as specified in the Schedule of Works of this Agreement ' if ordered so to do as provided in the General Conditions and shall prosecute the work so that it will be entirely completed as set forth in the Time Schedule of Works. - 3 - ' 5. The Contractor shall pay to the Owner, as liquidated damages and not as a penalty, the sum of One Hundred Dollars ($100.00) for each and every calendar day after the date for ' completion stipulated above during which any part of the entire work to be done under this Contract remains incomplete and the Owner shall have the right to deduct the amount of any such liquidated damages from any monies due, or which may become due, to the ' Contractor under this Agreement and to collect from the Contractor and its sureties any excess of such liquidated damages over and above the amount that would otherwise be ' due to the Contractor. 6. The Contractor shall pay to the Owner, as liquidated damages and not as a penalty, the ' sum of One Hundred Dollars ($100.00)for each and every calendar day after the 14thday of receipt of a deficiency list from the Engineer if those deficiencies have not been completely rectified. ' 7. Notwithstanding the time for completion allowed by Clause 4 of this Agreement, it is estimated that the work, if diligently prosecuted by the Contractor, can and should be ' completed as set forth in the Time Schedule of Works. 8. The Contractor shall furnish a performance bond duly executed by him as principal and ' by a licensed insurer as surety in the sum of SEVENTY-EIGHT THOUSAND, EIGHT HUNDRED & SIXTY-NINE DOLLARS and TWENTY-SEVEN CENTS ($78,869.27) for faithful performance of the work. Unless such a bond is executed and delivered to the ' Owner within the time limit required by the Owner this Agreement may be declared void at the option of the Owner. Until such a bond has been received and approved, no payment will be made to the Contractor for any work that may have been done under the ' Contract. 9. The Contractor shall guarantee and maintain the entire work including extra work called ' for by this Agreement for a period of one (1)year from the date of completion thereof as shown by the "Completion Certificate" issued by the Engineer. 10. The Contractor shall furnish a Contract Maintenance Bond duly executed by him as principal and by a licensed insurer as surety for 100% of the actual Contract Price, ' including extra work that may be performed during the course of this Contract, for a period of two (2) years from the date of completion thereof as shown by the Completion Certificate issued by the Engineer. ' 11. In this Agreement, words used in the singular number or in the masculine gender shall include the plural number and feminine or neuter gender where the context so requires. - 4 - ' 12. This Agreement shall extend to and be binding upon the parties hereto and their respective successors and assigns. IN WITNESS WHEREOF the parties hereto have caused to be affixed hereunto their corporate ' seals attested by the hands of their proper offices in that behalf. ' BENNETT PAVING & MATERIALS LTD. ' Per: -� Date: Per: Date: CORPORATION OF THE MUNICIPALITY OF CLARINGTON Per: AYO ' Date: l- 19, Clerk ' Per: (As to the Execution by the Mayor) ' Date: ' FORM OF TENDER SECTION II CONTRACT NO. CL-99-17 ' TENDER BY: BENNETT PAVING & MATERIALS LTD. ADDRESS: 1255 Wilson Road North, Box 305 Oshawa, Ontario, L1 H 71-3 (Hereinafter Called the Tender) PROJECT. TENDER FOR CONTRACT NO. CL-99-17 CONSTRUCTION OF STAGE II, MUNICIPAL SERVICES DALE PARK DRIVE (Top Concrete Curb and Gutter, Concrete Sidewalk, Surface Asphalt, Driveway Asphalt, Boulevard Grading, ' Topsoil and Sod) CORPORATION OF THE MUNICIPALITY OF CLARINGTON ' OWNER: CORPORATION OF THE MUNICIPALITY OF CLARINGTON CONSULTANTS: D.G. BIDDLE & ASSOCIATES LIMITED 96 KING STREET EAST OSHAWA, ONTARIO, L1 H 1 B6 TELEPHONE: (905) 576-8500 ' FAX: (905) 576-9730 ' TENDERER: BENNETT PAVING & MATERIALS LTD Contractor's Name 55 WILSON ROAD NORTH,, BOX 305 OSHAWA, ONTARIO L1 H 71-3 ' Contractor's Address ' (905)728-4661 (905)728-0820 Contractor's Telephone Fax No. Name of Person Signing Position of Person Signing TENDERS RECEIVED BY: Office of the Clerk Corporation of the Municipality of Clarington 40 Temperance Street Bowmanville, Ontario, L1 C 3A6 - 2 - T0: The Chairman, General Purposes and Administration Committee ' Corporation of the Municipality of Clarington RE: Contract No. CL-99-17, Construction of Stage II, Municipal Services Dale Park Drive Dear Sir: 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 other means of construction, furnish all materials, except as otherwise specified in the Contract, and to complete ' the work in strict accordance with the said Plans, Provisions, Specifications and Conditions. The Contractor understands and accepts that the quantities shown are approximate only, and are ' subject to increase, decrease, or deletion entirely if found not to be required. Attached to this Tender is a certified cheque in the amount specified in Clause 8 of the Section ' II, Form of Tender, made payable to the Corporation. This cheque shall constitute a deposit which shall be forfeited to the Corporation if the successful Contractor fails to file with the Corporation a 100% Performance Bond, and a 100% Labour and Material Payment Bond, satisfactory to the ' Corporation within ten (10) calendar days from the date of receipt of Notice of Acceptance of the Tender. Notification 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. ' 1. No person, firm or corporation other than the Tenderer has any interest in this Tender or in the proposed Contract for which this Tender is made and to which it relates. 2. This Tender is made by the Tenderer without any connection, knowledge, comparison of figures or arrangements with any other person or persons making a tender for the same work and ' is in all respects fair and without collusion or fraud. 3. The Tenderer has carefully examined the locality and site of the proposed works, as well ' as the Contract Drawings, Instructions to Tenderers, Form of Tender, General Conditions, Specifications and Agreement relating to the said Contract and the Tenderer hereby accepts and ' agrees to the same as part and parcel of the said Contract. 1 ' - 3 - ' 3A. he T Tenderer is invited to attend a SITE INSPECTION ON WEDNESDAY JUNE 2. 1999 at 10:00 A.M. to examine the site of proposed works. 1 4. The Tenderer having so examined the site and Contract Documents hereby tenders to enter into a Contract to supply and do all that is set out or called for in such Contract, on the ' terms and conditions, and under the provisions set out or called for in such Contract, at the unit prices set out in the Schedule of Prices hereto attached and identified by his signature. 5. roods and Services Tax The Tenderer shall not include the Goods and Services Tax in the tender price submitted. The Contractor shall indicate on each application for payment as ' a separate amount the appropriate G.S.T. the owner is legally obliged to pay. This amount shall be paid to the Contractor in addition to the amount certified for payment under the Contract and will therefore not affect the Contract Price. ' 6. And the Tenderer also agrees that if this Tender is accepted, the Tenderer will execute whatever additional or extra work may be required in strict conformity in all respects with the ' requirements of this said Contract. 7. And also agrees that deductions from the said Contract, if any, shall be made at the unit prices shown in the aforementioned Schedule of Prices. 8. TendeLIDeposits 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 AMOUN'C CIF~81a MII! IMk M aIwPUS(T t lE«C><UtRIEi3 $ 2000000 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: Bid bonds issued by a surety approved by and in a form containing terms ' satisfactory to the Municipality's Treasurer will be accepted for tenders valued over $50,000.00 ' Bid deposit must be enclosed in the envelope with your Tender. All tender bid deposits will be returned to the respective bidders within ten (10) days after the Tenders have been opened except those of the two (2) low bidders, which shall be retained by the Municipality of Clarington until the successful bidder has executed the Contract. -4 - ' Certificate of Public Liability Insurance of not less than $2,000,000.00 9. Public Liability C Y acceptable to the Muncipality of Clarington must be submitted prior to the Contract Agreement. ' The addition of the Municipality of Clarington must be provided as the additional party insured within the provisions of the Policy submitted. Workplace Safety and Insurance Board All of the Company's personnel must be covered by the insurance plan under the Workplace Safety and Insurance Act, 1997. Upon request by the Group, 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 Group will not be liable to the Board for future payments in connection with the Company's fulfilment of the Contract. Further Certificates of ' Clearance or other types of certificates shall be provided upon request. 10. Safety The Contractor shall obey all Federal, Provincial and Municipal Laws, Acts, ' ordinances, Regulations, Orders-in-Council and By-Laws, which could in any way pertain to the work outlined in the Contract or to the Employees of the Contractor. Without limiting the generality of the foregoing, the Contractor shall satisfy all statutory requirements imposed by the Occupational Health and Safety Act and Regulations made thereunder, on a contractor, a Constructor and/or Employer with respect to or arising out of the performance of the Contractor's obligations under this Contract. The Contractor must review and complete Schedule 'A' At any time should the Contractor fail to adhear to said safety regulations, the Municipality of ' Clarington reserves the right to order all workers from the site with the cost to schedule alternative service to be at the Contractor's expense. 11. And also agrees that if this Tender is accepted, as aforesaid, the Tenderer will forthwith furnish and approve surety for the proper fulfillment of the Contract as required under the terms of the said General Conditions and will execute an Agreement and Bond, in quadruplicate, in form ' satisfactory to the Owner within ten (10) days after being notified so to do by, or by anyone acting on behalf of, the said Owner. ' 12. And also agrees that, should the Tenderer for any reason default or fail in any matter of thing hereinbefore contained, the Owner shall be at liberty to accept any other tender or advertise for new tenders or carry out the works in any other way as the Owner may in its sole discretion ' deem best. 1 1 ' - 5 - ' 13. The Tenderer submits the following list of Sub-contractors whom he proposes to use and understands that no additions or changes to this list will be permitted after the closing date of ' tenders. Sub-contractors Address Trade ' 14. Each tender must be accompanied by the attached Agreement to bond form completed by the Bonding Company, properly signed and sealed, indicating that the Company agrees to become bound with the Tenderer in the amount designated in Clause 17 of the said General ' Conditions for the due performance and fulfillment of the said Contract, and all matters or things contained therein. 15. The Tenderer specifically acknowledges that the Tenderer has read and considered the provisions of the Agreement mentioned in Clause 4 hereof and particularly those portions of the said Agreement relating to the payment of money to the Contractor and the limitations, qualifications and conditions overriding the payment provisions of the Standard Terms and Conditions, Form of Tender, General Conditions and Specifications and making a certificate of ' the Engineer a condition precedent to entitlement to any monies under this Contract. Tenderer's Signature: (Note: If the Tenderer is a Corporation the tCorporation Seal must be affixed.) Witness: ' Dated:d• this day of 11999. 1 ' TIME SCHEDULE OF WORKS FOR CONTRACT NO. CL-99-17 FOR THE CONSTRUCTION OF STAGE II, MUNICIPAL SERVICES Commencement - July 5, 1999 Time of Completion - July 23, 1999 The project shall be completed in 3 weeks. CONTACTS FOR INFORMATION: ' Larry Tracey - Project Construction Manager D.G.Biddle & Associates Limited Consulting Engineers (905) 576-8500 Fax (905) 576-9730 96 King Street East Oshawa, Ontario, 1-11-11136 ' Mrs. Lou Ann Birkett Purchasing & Supply Agent Corporation of the Municipality of Clarington (905) 623-3379 ' 40 Temperance Street Fax (905) 623-4169 Bowmanville, Ontario, L1 C 3A6 ' LIST OF WORK FOR CONTRACT NO. CL-99-17 FOR THE CONSTRUCTION OF: Asphalt Concrete Pavement ' Concrete Curb and Gutter ' Concrete Sidewalks Driveways ' Sodded Boulevards ' Fence Boulevard Trees ' SCHEDULE OF PRICES FOR CONTRACT NO. CL-99-17 This is the SCHEDULE OF PRICES forming Part of the Contract between BENNETT PAVING ' & MATERIALS LTD. and the CORPORATION OF THE MUNICIPALITY OF CLARINGTON ' THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON 1/2 DALE PARK DRIVE FORM OF TENDER SCHEDULE OF PRICES ITEM DESCRIPTION UNIT ESTIMATED UNIT TOTAL UANTITY PRICE COST 1.0 GENERAL 1.1 Contract Performance&Maintenance Bond I.S. 1.00 $351.00 $351.00 1.2 Labour&Materials Bond I.S. 1.00 $351.00 $351.00 ' 1.3 Liability Insurance I.S. 1.00 $216.00 $216.00 1.4 Mobilization&Demobilization I.S. 1.00 $386.00 $386.00 1.5 Adjust Manhole Rims to Final Grade each 5.00 $277.00 $1,385.00 1.6 Adjust CB MH Rim to Final Grade each 1.00 $277.00 $277.00 1.7 Adjust Sin le CB Rim to Final Grade each 3.00 $277.00 $831.00 1.8 Concrete Curb&Gutter-Top Only I.M. 180.00 $78.80 $14,184.00 1.9 1.50m Concrete Sidewalk I.M. 105.00 $109.30 $11,476.50 1.10 As halt Curb I.M. 60.00 $11.50 $690.00 1.11 HL3 Surface Asphalt t. 175.00 $52.40 $9,170.00 1.12 HL3 Asphalt rivewa s t. 45.00 $81.25 $33656.25 1.13 19mm Cr.Limestone rivewa s t. 250.00 $35.40 $8850.00 1.14 Fine Grading Boulevards m2 1150.00 $4.00 $4 600.00 1.15 Topsoil&Sod m2 1150.00 $4.15 $1,772.5 1.16 Clean Single Catch Basin each 3.00 $57.25 $171.75 1.17 Clean Rear Lot Catch Basin each 2.00 $57.25 $114.50 1.18 Clean Manholes each 6.00 $57.25 $343.50 ' 1.19 Clean&Flush Storm Sewers I.M. 214.00 $5.75 $1,230.50 1.20 1.5m high chainlink fence I.M. 48.00 $68.70 $3,297..60 1.21 Boulevard trees each 10.00 $315.00 $3,150.00 1 Sub Total $69,504.10 CONTINGENCIES ' It is understood by the Contractor that Items 2.0,3.0&4.0 are Contingency items and the quantities are an estimated quantity for tender use only.Item 2.0,3.0&4.0 will only be performed by the Contractor under the direction of the Engineer and ' payment shall be made for the actual quantity of work in each item,as determined by the En ineer. 2.0 REMOVAL&REPLACEMENT 2.1 Remove&Replace Exist Base As halt m2 30.00 $37.00 $1 110.00 2.2 Remove&Replace Exist.Base Curb I.m. 20.00 $80.00 $1600.00 2.3 Remove&Replace Exist Concrete Curb&Gutter I.M. 10.00 $12.25 $122.50 ' 2.4 Glas rid 2.5 Remove Exist. Chainlink Fence I.M. 44.00 $10.75 .00 Sub Total $4.205.5 205.50 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON 2/2 DALE PARK DRIVE FORM OF TENDER SCHEDULE OF PRICES ITEM DESCRIPTION UNIT ESTIMATED UNIT TOTAL UANTITY PRICE COST 3.0 WATERMAIN VALVE &SERVICE BOX ' 3.1 Service or Main Box Total Exposure ea. 5.00 3.2 Service or Main Box Partial Exposure ea. 5.00 3.3 New Main Box Lid ea. 1.00 ' 3.4 New Top Section Main Box ea. 1.00 3.5 New Extension Section Main Box ea. 1.00 3.6 New Bottom Section Main Box ea. 1.00 3.7 New Main Box Complete ea. 1.00 ' 3.8 New No.9 Water Service Box ea. 2.00 3.9 New S.S.Rod Only Service Box ea. 1.00 3.10 New Water Service Box Lid ea. 3.00 ' 3.11 Rethreading Onl Service Box ea. 1.00 3.12 150mm Extension Service Box ea. 1.00 3.13 300mm Extension Service Box ea. 1.00 ' 3.14 450mm Extension Service Box ea. 1.00 3.15 600mm Extension Service Box ea. 1.00 Sub Total 4.0 LABOUR RATES 4.1 Foreman hr. 5.00 ' 4.2 Common Labourer hr. 5.00 4.3 Skilled Labourer hr. 5.00 4.4 Tandem Dump Truck hr. 5.00 ' 4.5 Gradall hr. 5.00 4.6 Rubber Tired Backhoe hr. 5.00 4.7 450 Dozer hr. 5.00 ' Sub Total SUMMARY $69,504.110 ' 1.0 GENERAL $4 205.50 2.0 REMOVAL&REPLACEMENT 3.0 WATERMAIN VALVE&SERVICE BOX 4.0 LABOUR RATES 5.0 PROVISIONAL SUM SUBTOTAL $73,709.60 7%GST $5,159.67 ' TOTAL CONTRACT PRICE $78 869.27 STANDARD TERMS AND CONDITIONS- ' SECTION III ' CONTRACT NO. CL-99-17 c:%con"cMaleprk.bid INDEX OF STANDARD TERMS AND CONDITIONS INSTRUCTIONS TO TENDERERS i) Contract Drawings and/or Specifications (For Tenderers) ii) Form of Tender 1 iii) Closing Date and Tender Opening 1 1. Definitions ' 2. Submission of Bid 3. Contract 4. Clarification of the Document ' S. Proof of Ability 6. Delivery ' 7. Pricing 8. Terms of Payment 9. Patents and Copyrights ' 10. Alternates 11. Equivalency 12. Assignment and Subcontracting ' 13. Financing Information Required of the Company 14. Laws and Regulations 15. Correction of Defects 16. Bid Acceptance ' 17. Default by Company 18. Contract Cancellation 19. Quantities ' 20. Samples ' - 2 - 1 21. Surety 22. Workers' Compensation 23. Insurance ' 24. Liability 25. Visiting the Site 26. Safety ' 27. Unpaid Accounts 28. Suspension of Work 29. Changes in the Work ' 30. Conflict of Interest INSTRUCTIONS TO TENDERERS it CONTRACT DRAWINGS AND/OR SPECIFICATIONS (FOR TENDERERS) Contract drawings and/or specifications may be obtained from the CORPORATION OF THE MUNICIPALITY OF CLARINGTON. ' A non-refundable plan fee of SIXTY ($60.00) Dollars (G.S.T. included) is required prior to the release of plans and tender by the CORPORATION OF THE MUNICIPALITY OF CLARINGTON. ' ii) FORM OF TENDER All tenders must be submitted on the Form of Tender provided for this Contract. ' All information required from the Tenderer, as indicated by blank spaces on the Form of Tender must be completed. ' The tender must be legible, written in ink or by typewriter and ALL ITEMS MUST BE BID, unless the tender specifically permits otherwise, with the unit price for every item and other entries clearly shown. The insertion of written or typed additions to the Form of Tender, by the Tenderer, shall invalidate the tender. Tenders are to be sealed and addressed to: CORPORATION OF THE MUNICIPALITY OF CLARINGTON ' Office of the Clerk 40 Temperance Street Bowmanville, Ontario, L1 C 3A6 ' TENDER FOR CONTRACT NO. CL-99-17 RE-STAGE ll, MUNICIPAL SERVICES - DALE PARK DRIVE The tender envelope shall be plainly marked to reveal the Tenderer's name and address. All bids shall be made on the "Form of Tender" annexed hereto. ' A Site Meeting is arranged for Wednesday, June 2, 1999 at 10:00 a.m. as outlined in the Form of Tender, Section II, Item 3A. ' iii) CLOSING DATE AND TENDER OPENING Tenders will be received until 2:00 p.m., local time on the 9th day of June, 1999 , at the office of the CORPORATION OF THE MUNICIPALITY OF CLARINGTON, 40 Temperance Street, Bowmanville, Ontario, L1 C 3A6. The tenders will be opened by the CORPORATION OF THE MUNICIPALITY OF CLARINGTON immediately following the closing. The Tenderer's or their representatives are invited to attend. ' Tenders received after the time and date specified shall be rejected and returned to the Tenderer. ' iv RIGHT TO ACCEPT OR REJECT TENDERS The lowest tender may not necessarily be accepted. The Municipality of Clarington may reserve ' the right to accept or reject any tender. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON STANDARD TERMS AND CONDITIONS t. 1. DEFINITIONS Municipality - The Corporation of the Municipality of Clarington, its successors and assigns. Bidder - The person, firm or corporation submitting a bid to the Municipality. Company - The person, contractor, firm or corporation to whom the Municipality has awarded the contract, it successors and assigns. , Contract - The purchase order authorizing the company to perform the work, purchase order alterations,the document and addenda,the bid, and surety. ' Subcontractor - A person, firm or corporation having a contract with the company for, or any part of, the work. , Document - The document(s) issued by the Municipality in response to which bids are invited to perform the work in accordance with the specifications contained in the document. Bid - An offer by a Bidder in response to the document issued by the Municipality. , Work - All labour, materials, products, articles, fixtures, services, supplies, and acts required to be , done, furnished or performed by the company,which are subject to the Contract. 2. SUBMISSION OF BID ' Bid invitation shall be in accordance with the Municipality of Clarington Purchasing By-law#94-129 and will apply for the calling, receiving, and opening of bids. The Municipality will be responsible for evaluating bids,awarding and administering the contract in accordance with the Purchasing By-law. The bid must be submitted on the form(s) and in the envelope supplied by the Municipality unless ' otherwise provided herein. The envelope must not be covered by any outside wrappings,i.e.courier envelopes or other coverings. ' The bid must be signed by a designated signing officer of the Bidder. If a joint bid is submitted, it must be signed on behalf of each of the Bidders. ' The bid must be legible,written in ink, or typewritten. Any form of erasure,strikeout or over-writing must be initialled by the Bidder's authorized signing officer. ' The bid must not be restricted by a covering letter, a statement added, or by alterations to the document unless otherwise provided herein. Failure to return the document or invitation may result in the removal of the Bidder from the ' Municipality's bidder's list. A bid received after the closing date and time will not be considered and will be returned,unopened. ' 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 STANDARD TERMS AND CONDITIONS 3. CONTRACT The contract consists of the documents aforementioned. The contract and portions thereof take precedence in the order in which they are named above, notwithstanding the chronological order in which they are issued or executed. ' The intent of the contract is that the Company shall supply work which is fit and suitable for the Municipality's intended use and complete for a particular purpose. None of the conditions contained in the Bidder's standard or general conditions of sale shall be of ' any effect unless explicitly agreed to by the Municipality and specifically referred to in the purchase order. 4. CLARIFICATION OF THE DOCUMENT Any clarification of the document required by the Bidder prior to submission of its bid shall be ' requested through the Municipality's contact identified in the document. Any such clarification so given shall not in any way alter the document and in no case shall oral arrangements be considered. ' Every notice, advice or other communication pertaining thereto will be in the form of a written addendum. ' No officer, agent or employee 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 therefor. 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 therefor. ' Work shall be subject to further inspection and approval by the Municipality. The Company shall be responsible for arranging the work so that completion shall be as specified in ' the contract. Time shall be of the essence of the contract. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON ' STANDARD TERMS AND CONDITIONS 7. PRICING , Prices shall be in Canadian Funds, quoted separately for each item stipulated,F.O.B. destination. Prices shall be firm for the duration of the contract. ' Prices bid must include all incidental costs and the Company shall be deemed to be satisfied as to the full requirements of the bid. No claims for extra work will be entertained and any additional work ' must be authorized in writing prior to commencement. Should the Company require more information or clarification on any point, it must be obtained prior to the submission of the bid. Payment shall be full compensation for all costs related to the work,including operating and overhead ' costs to provide work to the satisfaction of the Municipality. All prices quoted shall include applicable customs duty, excise tax, freight, insurance, and all other , charges of every kind attributable to the work. Goods and Services Tax and Provincial Sales Tax shall be extra and not shown, unless otherwise specified herein. If the Bidder intends to manufacture or fabricate any part of the work outside of Canada,it shall , arrange its shipping procedures so that its agent or representative in Canada is the importer of record for customs purposes. . I 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 STANDARD TERMS AND CONDITIONS 9. PATENTS AND COPYRIGHTS The company shall, at its expense, defend all claims, actions or proceedings against the Municipality based on any allegations that the work or any part of the work constitutes an infringement of any patent, copyright or other proprietary right, and shall pay to the Municipality all costs, damages, charges and expenses,including its lawyers'fees on a solicitor and his own client basis occasioned to the Municipality by reason thereof. ' The company shall pay all royalties and patent license fees required for the work. If the work or any part thereof is in any action or proceeding held to constitute an infringement,the company shall forthwith either secure for the Municipality the right to continue using the work or shall at the company's expense,replace the infringing work with non-infringing work or modify it so that the work no longer infringes. 10. ALTERNATES Any opinion with regard to the use of a proposed alternate determined by the Municipality shall be final. Any bid proposing an alternate will not be considered unless otherwise specified herein. 11. EQUIVALENCY ' Any opinion determined by the Municipality with respect to equivalency shall be final. ' 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 financial arrangements have been made to fulfill the Municipality'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. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON ' STANDARD TERMS AND CONDITIONS 15. CORRECTION OF DEFECTS ' If at any time prior to one year after the actual delivery date or completion of the work(or specified warranty/guarantee period if longer than one year) any part of the work becomes defective or is deficient or fails due to defect in design, material or workmanship, or otherwise fails to meet the requirements of the contract, the company, upon request, shall make good every such defect, deficiency or failure without cost to the Municipality. The company shall pay all transportation costs for work both ways between the company's factory or repair depot and the point of use. , 16. BID ACCEPTANCE ' The Municipality reserves the right to award by item, or part thereof, groups of items, or parts thereof, or all items of the bids and to award contracts to one or more bidders submitting identical bids as to price;to accept or reject any bids in whole or in part;to waive irregularities and omissions, ' if in so doing, the best interests of the Municipality will be served. No liability shall accrue to the Municipality for its decision in this regard. Bids shall be irrevocable for 90 days after the official closing time. ' The placing in the mail or delivery to the Bidder's shown address given in the bid of a notice of award to a bidder by the Municipality shall constitute notice of acceptance of contract by the Municipality , to the extent described in the notice of award. 17. DEFAULT BY COMPANY , a. If the company: commits any act of bankruptcy; or if a receiver is appointed on account of , its insolvency or in respect of any of its property; or if the company makes a general assignment for the benefit of its creditors; then, in any such case, the Municipality may, without notice: terminate the contract. b. If the company: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 correct defective work; or is otherwise in default in carrying out its part of any of the terms, conditions and obligations of the ' contract,then,in any such case,the Municipality may,upon expiration of ten days from the date of written notice to the company, terminate the contract. C. Any termination of the contract by the Municipality,as aforesaid,shall be without prejudice to any other rights or remedies the Municipality may have and without incurring any liability whatsoever in respect thereto. , d. If the Municipality terminates the contract, it is entitled to: i) take possession of all work in progress, materials and construction equipment then , at the project site (at no additional charge for the retention or use of the construction equipment), and finish the work by whatever means the Municipality may deem appropriate under the circumstances; , ii) withhold any further payments to the company until the completion of the work and the expiry of all obligations under the Correction of Defects section; THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON STANDARD TERMS AND CONDITIONS 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. QUAN'T'ITIES 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 (3) working days following such request,unless additional time is granted. Samples must be submitted free of charge and will be returned at the bidder's expense,upon request, provided they have not been destroyed ' by tests, or are not required for comparison purposes. The acceptance of samples by the Municipality shall be at its sole discretion and any such acceptance shall in no way be construed to imply relief of the company from its obligations under the contract. ' Samples submitted must be accompanied by current Material Safety Data Sheets (MSDS) where applicable. 21. SURETY The successful tenderer shall,if the Municipality in its absolute discretion so desires,be required to satisfy surety requirements by providing a deposit in the form of a certified cheque,bank draft or money order or other form of surety,in an amount determined by the Municipality. This surety may ' be held by the Municipality until 60 days after the day on which all work covered by the contract has been completed and accepted. The surety may be returned before the 60 days have elapsed providing satisfactory evidence is provided that all liabilities incurred by the company in carrying out the work ' have expired or have been satisfied and that a Certificate of Clearance from the Workers' Compensation Board has been received. The company shall, if the Municipality in its absolute discretion so desires, be required to satisfy ' fidelity bonding requirements by providing such bonding in an amount and form determined by the Municipality. 1 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON ' STANDARD TERMS AND CONDITIONS Failure to furnish required surety within two weeks from date of request thereof by the Municipality shall make the award of the Contract by the Municipality subject to withdrawal. 22. WORKERS' COMPENSATION , All of the Company's personnel must be covered by Workers' Compensation. Upon request by the Municipality, an original Letter of Good Standing from the Workers' Compensation Board shall be ' provided prior to the commencement of work indicating all payments by the Company to the Board have been made. Prior to final payment, a Certificate of Clearance must be issued indicating all payments by the Company to the Board in conjunction with the subject Contract have been made and , that the Municipality will not be liable to the Board for future payments in connection with the company's fulfilment of the contract. Further Certificates of Clearance or other types of certificates shall be provided upon request. ' 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 $2,000,000.00 inclusive per occurrence for third party Bodily Injury and Property Damage or such , other coverage or amount as may be requested. The policy shall include the Municipality as an additional named 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 respective participant prior to commencement of the work. Further certified copies shall be provided upon request. 24. LIABILITY The company agrees to defend, fully indemnify and save harmless the Municipality from all actions, suits, claims, demands, losses, costs, charges and expenses whatsoever for all damage or injury ' including death to any person and all damage to any property which may arise directly or indirectly by reason of a requirement of the contract,save and except for damage caused by the negligence of the Municipality or its employees. The Company agrees to defend,fully indemnify and save harmless the group from any and all charges, ' fines,penalties and costs that may be incurred or paid by the Municipality if the Municipality or any of its employees shall be made a party to any charge under the Occupational Health and Safety Act ' in relation to any violation of the Act arising out of this contract. 25. VISITING THE SITE ' The Company shall carefully examine the site and existing building and services affecting the proper execution of the work, and obtain a clear and comprehensive knowledge of the existing conditions. ' No claim for extra payment will be allowed for work or difficulties encountered due to conditions of the site which were visible or reasonably inferable, prior to the date of submission of Tenders. Bidders shall accept sole responsibility for any error or neglect on their part in this respect. ' ' THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON ' STANDARD TERMS AND CONDITIONS ' 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. 27. UNPAID ACCOUNTS The company shall indemnify the Municipality from all claims arising out of unpaid accounts relating ' to the work. The Municipality shall have the right at any time to require satisfactory evidence that the work in respect of which any payment has been made or is to be made by the Municipality is free and clear of liens, attachments,claims, demands,charges or other encumbrances. 1 28. SUSPENSION OF WORK ' The Municipality may,without invalidating the contract,suspend performance by the company from time to time of any part or all of the work for such reasonable period of time as the Municipality may determine. ' The resumption and completion of work after the suspension shall be governed by the schedule established by the Municipality. 29. CHANGES IN THE WORK ' The Municipality may,without invalidating the contract,direct the Company to make changes to the work. When a change causes an increase or decrease in the work, the contract price shall be increased or decreased by the application of unit prices to the quantum of such increase or decrease, or in the absence of applicable unit prices,by an amount to be agreed upon between the Municipality and the Company. All such changes shall be in writing and approved by the Municipality. 30. CONFLICT OF INTEREST No employee or member of Council of the Municipality shall sell goods or services to the Municipality ' or have a direct or indirect interest in a Company or own a Company which sells goods or services to the Municipality. GENERAL CONDITIONS SECTION IV 1 ' Ozontracngencond.wpd 1 ' GENERAL CONDITIONS INDEX SECTION PA 1. INT - N/A 1 ' 2. SUPERINTENDENCE AND INSPECTION 1 3. ENGINEER'S AUTHORITY: SUPERVISION AND DIRECTION OF WORK 2 ' 4. INSPECTOR'S POWERS AND DUTIES 2 5. INSPECTOR'S OFFICE 3 6. WORK TO BE DONE 3 7. INTENT OF THE PLANS AND SPECIFICATIONS 3 8. ALTERATIONS BY THE ENGINEER 3 9. DISCREPANCIES BETWEEN PLANS AND SPECIFICATIONS 4 10. ESTIMATED QUANTITIES 4 ' 11. SPECIAL WORK 4 12. CONTRACTOR'S PRESENCE ON SITE 5 ' 13. NOTICE TO CONTRACTOR 5 ' 14. LINES AND GRADES 5 15. WORK TO CONFORM TO LINES, GRADES, ETC. 6 ' 16. WORK DONE WITHOUT LINES, LEVELS, ETC. 6 17. CONTRACT BOND 6 ' 18. MAINTENANCE OF WORK 6 TG� - 19. ESTIMATES AND PAYMENTS 7 .7 �lV 20. EXTRA WGRI - N/A 8 ' 21. NO CLAIM FOR INTEREST 12 22. MONIES DUE THE OWNER 12 23. RIGHT TO RETAIN IMPERFECT WORK 12 Note: Not applicable for this Contract ' Refer to Standard Terns and Conditions ' - 2 SECTION PAGE 24. FORFEITURE OF CONTRACT 12 ' 25. COMMENCEMENT AND COMPLETION 14 26. LIQUIDATED DAMAGES 15 ' 27. SUB-CONTRACTING 15 28. OBSERVANCE OF LAWS AND ORDINANCES 15 ' 29. PROTECTION AGAINST NEGLIGENCE AND DAMAGES 16 30. PRIVATE LANDS 16 ' 31. LIENS 17 ' 32. ROYALTIES ON PATENTED INVENTIONS 17 33. PUBLIC LIABILITY 17 ' 34. RESPONSIBILITY FOR WORK 18 35. EMERGENCIES 18 ' 36. LOCATION OF UNDERGROUND OBJECTS 19 37. PROTECTION OF UTILITIES 19 ' 38. ACCESS TO WORK AND ADJACENT PROPERTIES 20 39. CHARACTER OF WORKMEN 21 ' 40. CONFLICTS AND OMISSIONS 21 ' 41. SPIRITUOUS LIQUORS 21 42. HOURS OF WORK 21 ' 43. SUNDAY WORK 22 44. STATUTORY HOLIDAYS 22 45. MACHINERY AND EQUIPMENT 22 46. STORAGE OF MACHINERY AND MATERIALS 22 47. TEMPORARY SERVICES 22 48. PUMPING 23 ' - 3 - ' SECTION PAGE 49. REMOVAL AND STORAGE OF PAVING MATERIAL 23 ' 50. DEFECTIVE WORK AND MATERIALS 23 51. LOSSES AND DAMAGES 23 ' 52. USE OF WATER AND REGIONAL HYDRANTS 24 53. NOTIFICATION OF ROAD CLOSING 24 54. THE OCCUPATIONAL HEALTH AND SAFETY ACT - ONTARIO REGULATION 213/91 (CONSTRUCTION PROJECTS) 24 55. RELOCATION OF UTILITIES 24 56. DEVIATIONS FROM PLANS, DRAWINGS OR SPECIFICATIONS 24 ' 57. MATERIALS 25 58. WORKPLACE HAZARDOUS MATERIALS INFORMATION SYSTEM REQUIREMENTS 25 ' GENERAL CONDITIONS ' 1. INTERPRETATION OF PHRASES Whenever the word "Owner" is used in this contract, it shall be understood to mean the ' Corporation of the Municipality of Clarington identified as the Owner in the Agreement and his, her, their, or the personal representatives, successors and assigns. ' Whenever the word "Contractor" is used, it shall be understood to mean the person, persons, co- partnership or corporation liable to perform this contract and his, her, their, or its personal representatives, successors and assigns. ' Whenever the word "Engineer" is used in this contract, it shall be understood as referring to the person, his duly authorized agent, assistant engineer, superintendents, and inspectors acting ' severally within the scope of the particular duties assigned to them. Whenever the word "Contract" is used, it shall be understood to mean and include the Agreement ' to do the work entered into with the Owner, the Bond or Security, the Specifications, the General Conditions, the Tenderer, the plans and other documents referred to or connected with the said ' Agreement. Whenever the words "Directed", "Required", "Permitted", "Ordered", "Designated", "Considered ' necessary", 'Prescribed" or words of like import are used, it shall be understood that the direction, requirement, permission, order, designation or prescription, etc. of the Engineer is intended, and similarly the words "Approved", "Acceptable", "Satisfactory" or words of like import, shall mean ' approved by, or acceptable or satisfactory to the Engineer. Headings, titles and marginal notes in the contract are inspected for the convenience only and not as explanatory of the clause or paragraphs above or opposite which they appear. t2. SUPERINTENDENCE AND INSPECTION The Engineer shall appoint from time to time such engineer, superintendent, or inspector as the tsaid Engineer may deem proper to inspect the material to be furnished and the work to be done under this contract. The Contractor shall furnish all reasonable aid and assistance required by the engineer, superintendent or inspector for the proper inspection and examination of the work and all parts of the same. ' The Contractor shall regard and obey the direction and inspections of any engineer, superintendent or inspector so appointed when the same are consistent with the obligations of this contract or said Contractor shall immediately appeal to the Engineer for his decision and shall respect such decision when so rendered. - 2 - ' 3. ENGINEER'S AUTHORITY: SUPERVISION AND DIRECTION OF WORK , It is mutually agreed between the parties to this contract that the Engineer shall supervise and direct all work included herein. It is further agreed that the Engineer shall in all cases determine , the amount of the quantities of the several kinds of work which is to be paid for under this contract, and shall determine all questions to said work and the construction thereof, and he shall in all cases decide every question which may arise relative to the execution of this contract on the part of said Contractor and his estimates and findings shall be the conditions precedent to the right of the parties hereto any action on the contract and to any rights of the Contractor to receive any money under this contract. The Engineer shall within a reasonable time render a decision on all claims of the parties hereto and on all questions which may arise relative to the execution of the work or interpretation of the contract, specifications and plans. , 4. INSPECTOR'S POWERS AND DUTIES ' It is mutually agreed that the Engineer may appoint Inspectors on this work at anytime for the purpose of discovering any deviations from the plans and specifications of workmanship or of any ' material, line, grade or dimension. When notified by the Inspector of any deviation from the plans and specifications of workmanship or of any material, line, grade or dimension, the Contractor shall immediately remove all defective material and do all the necessary work to make the whole ' work conform with the plans and specifications. Should the Contractor neglect or refuse to remove promptly any defective or improper work or material after being notified by the Inspector, the Inspector may order all work to be stopped and the Owner may then take the work entirely out of , the hands of the Contractor as hereinafter provided. A verbal notice by the Inspector to any foreman, superintendent or other agent of the Contractor at the site of the work shall be considered as notice to the Contractor. The appointment by the Engineer of an Inspector and his presence at the site of the work or his ' absence from the site shall not relieve the Contractor of his responsibility to do all work in accordance with the plans and specifications. ' No engineer, superintendent or inspector shall have any power to waive the obligations of this contract for the furnishing by the Contractor of good material and of his performing good work as ' herein described in full accordance with the plans and specifications. No failure or omission of any engineer, superintendent, or inspector to condemn any defective work or material shall release the Contractor of the obligation to at once tear out, remove and properly replace the same , at any time upon the discovery of said defective work or material. ' - 3 - 5. INSPECTOR'S OFFICE The Contractor may be required to provide a suitable frame office for the use of the Inspector. It ' shall be heated and well lighted. For more details refer to Detailed Specifications. ' 6. WORK TO BE DONE The Contractor shall furnish all materials, plant, tools, equipment and labour and do everything ' necessary to complete the work in accordance with the terms of this contract and the requirements of the Owner thereunder. The Contractor shall be responsible for the protection of all existing structures, the repair of all damage done to such structures, the maintenance of travel ' on streets, roads or other means of access to houses or premises and all fencing, lighting and watching necessary to provide adequate protection for the public. ' 7. INTENT OF THE PLANS AND SPECIFICATIONS ' The true intent of the Plans and these Specifications is to provide for the construction and completion in every detail of the work described therein, and it is understood that the Contractor will furnish all labour, material, equipment, tools, transportation and necessary supplies such as ' may reasonably be required to execute the contract in a satisfactory and workmanlike manner and in accordance with the Plans, Specifications and terms of the contract. B. ALTERATIONS BY THE ENGINEER The Engineer shall have the right to make such alterations as he may see fit in the line, grade, form dimensions, plan, material, or quantity of the work herein contemplated or any part thereof, ' either before or after the commencement of the construction. Changes in the quantity of any item shall not exceed fifty percent (50%) of the estimated quantity shown on the tender form except with the consent of the Contractor. If such alterations diminish the quantity of the work to be done, they shall not constitute a claim for damages for anticipated profits or otherwise on the work that they may be dispensed with. If ' they increase the amount of work, such increases shall be paid for according to the quantity actually done and at the prices established for such work under this contract provided, however, that if the Engineer shall make such changes or alterations as shall make useless any work ' already done or material already furnished or used in said work, that said Owner shall recompense the Contractor for any material or labour so used. - 4 - 8. ALTERATIONS BY THE ENGINEER Continued ' No work shall be regarded as extra work unless it is ordered in writing by the Engineer and with the agreed price for the same specified in said order, provided said price is not otherwise ' determined by this contract. All claims for extra work shall be made to the Engineer within thirty (30) days after the completion of the extra work and, failing such claim within this time, all rights of the Contractor for extra pay for such work shall be forfeited. ' 9. DISCREPANCIES BETWEEN PLANS AND SPECIFICATIONS , Should there be any discrepancy between plans and specifications or between any other contract ' documents for the work herein specified, the Engineer shall define which is intended to apply to the work in hand, and the Contractor shall be bound by such decision. Any work or material not herein specified but which may be fairly implied as included in the ' contract, of which the Engineer shall be the judge shall be done by the Contractor without extra charge. ' 10. ESTIMATED QUANTITIES , This agreement including the specifications, plans and estimates is intended to show clearly all work to be done and material to be furnished hereunder. The estimated quantities of the various classes of work to be done and material to be furnished under this contract are approximate and are to be used only as a basis for estimating the probable cost of the work and for comparing the proposals offered for the work. It is understood and agreed that the actual amount of the work to be done and materials to be furnished under this contract may differ somewhat from these estimates and that the basis for payment under this contract shall be the actual amount of such work done and the material furnished. ' The Contractor agrees that he will make no claim for damages for anticipated profits or otherwise , on account of any differences which may be found between the quantities of work actually done, the materials actually furnished under this contract and the estimated quantities contained in this agreement. ' 11. SPECIAL WORK ' Should any construction or conditions, which are not covered by the Plans or by these Specifications, be anticipated, or encountered, during construction, Supplemental Specifications or Plans for such work shall be prepared by the Engineer and such Plans and Specifications shall be considered a part of this contract, all the terms of which shall apply thereto. ' - 5 - ' 12. CONTRACTOR'S PRESENCE ON SITE The Contractor shall give personal attention to the faithful prosecution and completion of the work ' and shall be present either in person or by a duly authorized representative on the site of the work continually during its progress. ' The Contractor shall keep a competent English speaking superintendent or foreman upon the work, fully authorized to act for him in his absence and to receive such orders as may be given for the proper continuance of the work. Notice of any imperfections in the work or material ' furnished to any foreman or agent in charge of any portion of the same, in the absence of the Contractor shall be considered as notice to the Contractor. ' 13. NOTICE TO CONTRACTOR ' Any notice or communication to the Contractor shall be deemed to be well and sufficiently given and served is handed to the Contractor or any of his clerks or agents, or if posted or sent to the address given in his Tender for the work, attached hereto, or to his domicile or usual place of ' business, or to the place where the work is to be or is being carried on, or of posted to or left at his last known address; and any papers so left, sent, or addressed shall be considered to be; and to have been, legally served upon the said Contractor. In any written or printed notice to the ' contractor in respect of general, special, or other repairs, or of any work of any nature required to be done under any of the provisions of the contract, or of any other matter, it shall not be ' obligatory upon the Engineer, to specify minutely or in detail everything required, not to specify by measurement the exact extent thereof, or the precise spot or spots where the work or material may be defective or faulty or where any of the requirements of the Specifications have not been ' observed; but a reference in such notice to the clause or clauses bearing upon the matter, and a description of the locality in general terms and sufficiently clear in the opinion of the Engineer, to indicate where the defect or trouble exists, shall be deemed to be, and shall be, ample notice. 14. LINES AND GRADES ' Line and 9 rade stakes and grade sheets relating these staked to the proposed work shall be furnished by the Engineer. The Contractor shall give the Engineer ample notice of the time and place where the lines and grades will be needed. All stakes, marks, etc., shall be carefully preserved by the Contractor and in case of their destruction or removal by him or his employees or any other person or by any cause, such stakes, marks, etc., may be replaced by the Engineer ' at the Contractor's expense. 1 15. WORK TO CONFORM TO LINES, GRADES. ETC. ' All work shall conform to the lines and Levels given by the Engineer, and shall be built in accordance with the contract plans and directions given from time to time by him, subject to such modifications and additions as shall be deemed necessary by him during its execution; and in no case shall any work in excess of the requirements of the Plans and Specifications be paid for unless ordered in writing by him. ' 16. WORK DONE WITHOUT LINES, LEVELS. ETC. , Any work done without lines, levels and instructions having been given by the Engineer, or ' without the supervision of an Inspector, shall not be estimated nor paid for, and work so done shall be removed and replaced at the Contractor's sole cost and expense. 17. CONTRACT BOND Before the contract is signed by the Owner, the Contractor to whom it is awarded shall deposit , with the Owner a contract bond in an amount equal to one hundred percent (100%) of the total estimated contract price as set out in the Tender and properly executed by the Contractor and ' a surety. This bond shall be approved by the Owner before being accepted by the Owner and shall be furnished by a reputable bonding company licensed to do business in Ontario. 18. MAINTENANCE OF WORK The Contractor shall uarantee and maintain the work, and eve part thereof, in perfect order ' g every and in complete repair for a period of one (1) year from the date of completion of the work. The Contractor shall make good in a permanent manner, satisfactory to the Engineer, any and all , damage or injury to the work, both during the construction and during the period of maintenance as aforesaid, and should the Contractor, from any cause, fail to do so when ordered, then the Owner, at his option, after giving the Contractor twenty-four(24) hours notice, may do so, and the whole costs, charges, and expenses so incurred, may be deducted or collected by the Owner as provided in Clause 22 hereof. The decision of the Engineer is to be final as to the necessity of repairs, or of any work done or required to be done under the provisions of this or any other clauses in the Specifications and for the amounts expended thereunder. The term of guaranteed maintenance shall be computed from and commence on the date of completion, as shown on the ' completion certificate for payment. In addition to the conditions specified above, the Contractor shall be responsible for the repair , of all trench settlements and any accompanying damage, from the time the trenches are executed until one (1) year after the date of completion of the contract. ' - 7 - ' 19. ESTIMATES AND PAYMENTS Within forty (40) days from the commencement of the work on a date to be determined by the ' Owner and monthly thereafter, an estimate in writing will be made by the Engineer of the amount of work done and material furnished and of the value thereof according to the terms of the contract. The first estimate will be of the amount or quantity and value of the work done since the Contractor commenced the performance of the contract, and every subsequent estimate, except the final one, will be the amount or quantity of work done since the last preceding estimate was made. One copy of each estimate will be delivered to the Contractor by the Engineer. ' The Engineer shall calculate each estimate on the work performed and material furnished up to and including the last working day of each month and submit the Progress Certificate to the Owner and Contractor. The Owner, subject to all conditions of the contract, shall pay to the Contractor by the last day of the following month ninety percent (90%) for such estimated value. ' When the contract is duly completed in accordance with the terms herein contained, and the entire work is accepted by the Engineer and upon receipt from the Contractor and Sub- ' contractors verification certificates and Workmen's Compensation Board clearance certificates, the Owner may after the expiration of 45 calendar days from the date of acceptance, pay to the Contractor such amounts of the estimated value of the work done and material furnished in accordance with the terms of the contract including Extra Work under Clause 20 in excess of the amounts paid under the preceding paragraph as the Owner deems proper. ' Following the acceptance of the entire work by the Engineer, a final detailed statement shall be made by the Engineer of the value of all the work done and material furnished under the contract including work done or material furnished as Extra Work under Section 20 and within 5 months ' after the date of acceptance of the entire work two copies thereof shall be delivered to the Contractor. Within one month after such delivery to him, the Contractor shall present to the Owner, one copy of such detailed statement, certified by him to be correct and also if not already submitted, Contractor's and Sub-contractor's verification certificates and Workmen's Compensation Board clearance certificates. Upon receipt by the Engineer of the verified statement and certificates and date of receipt by the Owner of the certified detailed statement, ' an amount equal to the amount of the said detailed statement, less all amounts previously paid to the Contractor, provided that the Owner may retain any portion of such payment that he deems ' necessary for its protection against Contractor, under this contract or otherwise. - 8 - 19. ESTIMATES AND PAYMENTS Continued ' Delay by the Owner in making any payment due to the Contractor following the acceptance of the entire work by the Engineer for work done or material furnished under the contract and listed on ' the final detailed statement, shall be deemed not to be a breach of the contract by the Owner but the Owner shall, in respect of any such payment made more than seven months after the date of acceptance of the entire work by the Engineer, pay the Contractor interest at the rate of 80/6 per ' annum for the period from the day next following the expiration of the said seven month period to the date of payment. , Except as provided in this section, the Owner shall not pay interest on any amount which may at anytime become payable to the Contractor under this contract. ' Delay by the Owner in making any payment due to the Contractor following the acceptance of the entire work by the Engineer for work done or material furnished under the contract and listed on ' the final detailed statement, shall be deemed not to be a breach of the contract by the Owner. 20. EXTRA WORK If, during the performance of this contract, the Engineer shall order in writing other work done or ' materials furnished which in his opinion, cannot be classified under the unit prices of this contract, or which, in his opinion, are not called for by this agreement and the exhibits thereto, the Contractor shall do and perform such work and furnish such material and shall be paid therefore, as outlined below. The Engineer may request of the Contractor, prior to commencing work to submit an hourly rate ' for all equipment to be used on site. The hourly rate shall include the cost of the operator, fuel, etc. The Contractor shall also submit an hourly rate for all labour cost to be used on site including overhead and payroll burden. ' The rates submitted by the Contractor must be reasonable and acceptable to the Engineer. If the rates submitted are not deemed acceptable, the following shall apply: , For the purposes of this section, "Cost of Labour" means the amount of wages, salary and payroll burden paid or incurred directly by the Contractor to or in respect of labour and supervision by foremen actively and necessarily engaged on the extra work based on the recorded time and hourly rates of pay for such labour and supervision, but shall not include any payment or costs , incurred for general supervision, administration or management time spent on the extra work or any wages, salary or payroll burden for which the Contractor is compensated by any payment made by the Owner for equipment. ' - 9 - 20. EXTRA WORK Continued ' "Payroll Burden" means the payments in respect of Workmen's Compensation, vacation pay, y PY unemployment insurance, public liability and property damage insurance, sickness and accident ' insurance, pension fund and such other welfare and benefit payments as form part of the Contractor's normal labour costs and shall include any cost or expense as the Engineer may ' approve, which has been incurred by the Contractor for food, lodging or similar items. "Cost of Material" means the cost of material purchased by the Contractor for the extra work as ' shown by itemized invoices and the cost of material from the Contractor's stock used on the extra work, valued at current prices. 'The 127 Rate" means the rate for a unit of equipment as listed in O.P.S.S.Form 127 (Schedule of Rental Rates for Construction Equipment) which is current at the time the extra work is carried out or for equipment which is not so listed, the rate which has been calculated by the Engineer ' using the same principles as used in determining the 127 rates. "Rental Equipment" means equipment that is rented from a person, firm or corporation that is not ' an associate or affiliate of the lessee as defined by the Securities Act, R.S.O. 1970, Chapter 426 and does not include equipment that is being paid for under a rental purchase agreement or under a lease purchase plan. "Working ime" means each period of time during which a unit of equipment is actively and of 9 p necessity engaged on a specific operation and the first two hours of each immediately following ' period during which the unit is not so engaged but during which the operation is otherwise proceeding and during which time the unit cannot practically be transferred to other work but must remain on the site in order to continue with its assigned tasks and during which time the unit is ' in a fully operable condition. ' "Standby Time" means any period of time which is not considered working time and which together with the working time does not exceed 10 hours in any one working day and during which time a unit of equipment cannot practically be used on other work but must remain on the ' site in order to continue with its assigned task and during which time the unit is in fully operable condition. ' "Work" means Extra Work approved by the Engineer and paid for on a time and material basis. Such work may be supervised by the Engineer and shall be carried out by an equipment and labour force and in such a manner as the Engineer may approve and subject to such exceptions ' as the Engineer may permit in writing the work, shall be subject to all the terms, conditions, specifications and provisions of the Contract. - 10 - ' 20. EXTRA WORK Continued , Daily work records prepared by the Contractor and reporting the labour and equipment employed and the material used on each extra work project shall be reconciled and signed by the ' Contractor's representative each day. The Owner will pay the Contractor for labour and supervision employed on each extra work ' project at the rate of 115% of the cost of labour up to $1,000.00 plus 105% of any portion of the cost in excess of $1,000.00. , The Owner will pay the Contractor for material used on each extra work project 110% of the cost of material up to $1,000.00 plus 105% of any portion of the cost in excess of$1,000.00. ' The Owner will pay the Contractor for the working time of equipment other than rented equipment on the basis of 15% less than 127 Rates, with a cost adjustment as follows: , a) Where the cost based on 127 Rates of all non rented equipment used on the extra work project is $5,000.00 or less, there will be no adjustment. ' b) Where the cost based on 127 Rates of all non rented equipment used on the extra work project is greater than $5,000.00 but less than $10,000.00 the Owner will pay the ' Contractor $5,000.00 plus 90% of the portion in excess of$5,000.00. c) Where the cost based on 127 Rates of all non rented equipment used on the extra work , project is greater than $10,000.00 the Owner will pay the Contractor $9,500.00 plus 80% of the portion in excess of $10,000.00. The Owner will a the Contractor for the working time of rented equipment used on the extra ' pay 9 work project at 95% of 127 Rates. , Where the Contractor makes use of operated rented equipment, the Owner will pay the Contractor for the working time of operated rented equipment, used on the extra work project at ' 100% of the operated equipment invoice price approved by the Owner prior to the work being carried out. The Owner will pay the Contractor for the standby time of equipment other than rented equipment ' at one-third of the rates previously agreed on. 20. EXTRA WORK Continued The Owner will pay the Contractor for the standby time of rented equipment and for the downtime ' of rented equipment which has been idled by the circumstances giving rise to the extra work project at 35% of the rates previously agreed on. Alternatively, however, the Engineer may require rented equipment idled by the circumstances giving rise to the extra work project, to be ' returned to the lessor until the work requiring the equipment can be resumed, in which case, the Owner will pay such costs as result directly from the enclosed return of the equipment. ' When the equipment is transported to or from the site of the work, payment will be made by the Owner only in respect to the transporting units. When equipment is moved under its own power it shall be deemed to be working. The method of moving the equipment and the rates shall be subject to the approval of the Engineer. Where the Contractor arranges for the extra work to be carried out by others, the Owner will pay ' the Contractor 105% of the compensation as herein before provided. However, such percentage allowance over the prescribed compensation shall apply only once regardless of the number of times the work has been assigned or subject and no percentage allowance over the prescribed compensation will be paid to any associate or affiliate as defined by the Securities Act, R.S.O. 1970, Chapter 426 or in respect of any compensation for rented equipment. Except where there is agreement to the contrary the compensation as herein provided shall be accepted by the Contractor as compensation in full for all costs and expenses arising out of all ' extra work and no other payment or allowance will be made in respect of such work. Notwithstanding any other provision of this section, no payment shall be made to the Contractor ' for or in respect of hand tools or equipment that are tools of the trade. Each month, the Contractor may submit an invoice to the Engineer covering work performed on ' the extra work project during the preceding month and to the extent that the work covered by the invoice can be verified by the Engineer, the invoice will be processed by the Owner for payment. ' The final invoice shall be submitted by the Contractor within 30 days after the completion of the extra work project. ' Separate invoices shall be submitted in triplicate for each extra work project. Each invoice shall include the order number and covering dates of the work and shall itemize separately, payroll ' burden, labour, materials and equipment and submitted with the invoice, shall be invoices for materials, rented equipment and other charges incurred by the Contractor on the extra work. - 12 - 21. NO CLAIM FOR INTEREST ' The Contractor shall not be entitled to any interest upon any bill for extra work on account of delay in its approval by the Engineer. ' 22. MONIES DUE THE OWNER ' All monies payable to the Owner by the Contractor under any stipulation herein, or to the ' Workmen's Compensation Board as provided hereunder, may be retained out of any monies then due, or which may become due from the said Owner to the Contractor under this or any other contract with the Owner or otherwise howsoever, or may be recovered from the Contractor and ' his sureties, or any of them in any court or competent jurisdiction as a debt due to the Owner, and the Owner shall have full power to withhold in whole or in part any estimate or certificate if, in his opinion, the Contractor is or is likely to be indebted to the Owner as aforesaid even though the ' amount of such indebtedness is unascertained if the circumstances arise which may indicate to him the advisability of so doing though the sum to be retained may be unascertained. 23. RIGHT TO RETAIN IMPERFECT WORK If any part or portion of the work done or material furnished under this contract shall prove ' defective and not in accordance with the plans and specifications or other contract documents, in addition to any other remedy of the Owner under this contract, the Engineer shall have the right ' to retain such work and to make such deduction from the payment to be made for such work as he deems just and reasonable. ' 24. FORFEITURE OF CONTRACT ' If the Contractor shall neglect or refuse to sign the Plans before commencing work, or neglect to fail to commence work within seven (7) days after the date of the Engineer's order to commence, , or if he shall become bankrupt or insolvent, or compound with his creditors, or commit an act of insolvency, or shall transfer, assign or sublet, or attempt to transfer, assign or sublet this contract, or any part thereof, without the consent of the Owner, of if at any time the work, or any part , thereof, is, in the judgement of the Owner, not executed or not being executed in a sound workmanlike manner, to his satisfaction and in all respects in strict conformity, with the contract, or if the work or any part thereof, is not progressing continuously and in such a manner as to , ensure its entire completion, in the judgement of the Owner, within the time stipulated or if the Contractor shall refuse or neglect forthwith, when so ordered, to conduct the work so as to ensure its completion, ' ' - 13 - ' 24. FORFEITURE OF CONTRACT Continued in the opinion of the Owner, within the time stipulated, or if the said time has expired, and the ' work be not completed, or if the Contractor shall refuse, or neglect to take down, repair, alter or amend any defective or unsatisfactory work, or to remove any condemned material or workmanship and to replace the same with proper material and workmanship or to comply with ' any reasonable order he may receive from the Owner, or if the Contractor shall persist in any course in violation of any of the provisions of this contract, then, in each and any such case, after 24 hours' written notice from the Owner, to the Contractor, the Owner shall have the full right and power, at his discretion, without process or action at law, to take the whole work, or any part or parts thereof specified in the said notice, out of the hands of the Contractor, and the Contractor, upon receiving notice to that effect shall vacate possession and give up said work, or the part or parts thereof specified in the said notice, peacefully to the Owner, who may either relet the same to any other person or persons, with or without its being previously advertised, or may employ workmen and provide materials, tools, transportation and all other necessary things at the expense of the Contractor, or may take such other steps as he, the said Owner, may consider necessary or advisable, in order to secure the completion of the said work to his satisfaction; and ' the Contractor and his surety in every case shall be liable for all damages, expenditures and extra expenditure, and for all additional cost of the work which may be incurred by reason thereof together with the amount of liquidated damages from the date fixed for the completion of the work, and the same may be deducted or collected by the Owner, as provided by Clause 22 hereof. All the powers of the said Engineer with respect to the determination of any doubts, disputes and differences, and the determination of the sum or sums, or balance of money to be paid to or received from the said Contractor, and otherwise in respect of the contract, shall nevertheless continue in force. The fulfillment by the Contractor of any stipulation in this contract may be enforced by legal proceedings and judgement, or order of court, without prejudice to any other remedy herein contained. In case of work, or any part thereof, is taken out of the hands of the Contractor, as herein ' provided, it shall in no way affect the relative obligation of the Owner and the Contractor, or his surety, in respect of their obligations, or in respect of the remainder of the work (if any) nor*shall ' it be any excuse for delay in completing the same; and all material, plant, scaffolding, scantling, cofferdams, dredges, pumps and pumping machinery, fixed tackle and other erections, appliances and plant thereon, shall at the option of the Owner, remain on the work until completion, at such rental (if any) as the Owner may deem reasonable. - 14 - ' 24. FORFEITURE OF CONTRACT Continued ' If any balance of the contract price, or other money payable by the Owner hereunder shall remain in the hands of the Owner upon the expiration of the period of guaranteed maintenance, the same ' shall be payable to the Contractor or the person legally representing him; but neither the Owner nor any officer thereof shall be liable, or accountable to the Contractor in anyway for the manner in which, or the price at which, the said work, or any portion thereof, may have been or may be ' done or completed by the said Owner. Neither an extension of time for any reason beyond the date fixed herein for the completion of the contract, nor the construction of and payment for any portion of the work called for by this contract, shall be deemed to be a waiver by the Owner of the right to abrogate this contract for abandonment, delay or any other reason consistent with the Specifications and General ' Conditions. 25. COMMENCEMENT AND COMPLETION The work shall not be commenced until the Contractor has obtained or received a written order ' to commence the same, signed by the Engineer and it shall thereupon be commenced at once, and continuously and with utmost dispatch carried on to completion (subject as herein provided) and shall be completed and full possession thereof given to the Owner within the time specified in Clause 4, of Section 1 (Contract Agreement) unless a longer period shall be allowed in writing by the Owner, in which case it shall be carried on to completion and possession given to the ' Owner within the additional time as allowed. The Owner shall have the right to set a completion date for each part of the contract work and the Contractor is to finish each part of the contract work awarded to him within the period so fixed by the Owner to be allowed as aforesaid counting ' from the date of the Engineer's order to commence the same, but in the event of delay caused by strikes, or combinations on the part of the workmen employed, from such other cause as is beyond the Contractor's control, or in the event of extras or additional work being ordered by the , Engineer, the Owner may allow such additional time for the completion as he may deem fair and reasonable provided the Contractor applies in writing for any extension of time, at the time such delays occur, or such extras or additional work is ordered, and satisfies the Owner that he is justly , entitled to a further time allowance. - 15 - ' 26. LIQUIDATED DAMAGES The date of completion is a material part of this contract, and time being in all respect of the ' essence of this contract, should the Contractor fail to complete the work within the time specified, or any enlargement thereof by the Owner, the Contractor shall pay the Owner the sum as stated in the General Agreement for each and every day that the work remains uncompleted and not ready for final acceptance by the Owner after the time specified for the completion thereof or any enlargement thereof by the Owner whether the contract has been forfeited or abandoned by the Contractor or not, and it is mutually agreed between the Owner and the Contractor that the said ' sum as stated in the Contract Agreement shall be considered as predetermined and ascertained liquidated damages and not as a penalty. The Owner shall be at liberty to deduct such liquidated damages from any sum due to the Contractor from the date or dates specified in the contract for the completion thereof, but the Owner shall not be bound to deduct the liquidated damages, or any part thereof as they accrue ' due and shall not by not deducting the said liquidated forego or waive any right to deduct them at a subsequent time or to recover them from the Contractor as the Owner may deem advisable. ' The certificate to the Owner as to such number of days shall be final between the parties. 27. SUB-CONTRACTING The said Contractor further agrees that he will give his personal attention to the fulfillment of the ' agreement and that he will not sublet the aforesaid work or the furnishing of the aforesaid material but will keep the same under this personal control, and that he will not assign by power of attorney or otherwise any portion of the said contract unless by the and with the previous written ' consent of the Owner. ' 28. OBSERVANCE OF LAWS AND ORDINANCES The Contractor shall be subject to all the laws and ordinances of the Municipality in the Province ' of Ontario, within which this agreement is to be fulfilled and said Contractor shall be entitled to no exemption therefrom on account of this contract. - 16 - ' 29. PROTECTION AGAINST NEGLIGENCE AND DAMAGES ' Should any work be done or material furnished or placed on public streets or ways or in any other ' place where protection is necessary, the Contractor shall at all times and especially during the night, put up and maintain such barriers and red lights and take such other needful precautions as may be necessary or prevent effectually the occurrence of any accidents in consequence of ' the work being done or material being deposited in such places, and the Contractor shall be liable for all damages occasioned in this way by reason of his act or neglect or that of any sub- contractor or any agent, employee, or workman; and the said Contractor shall save and keep ' harmless the said Owner from all suits or demands for damages alleged to have occurred to persons or property by reason of said work or of so placing said material or from said act of negligence. The Contractor further agrees during the performance of the work to take all ' necessary precautions and to place proper guards for the prevention of accidents and put up at night suitable and sufficient light, and will indemnify and save harmless the Owner from all damages and costs to which the Owner may be put by reason of injury to persons or property, ' resulting from negligence or carelessness in the performance of the work in guarding the same, or from any improper material used in its construction or by or on account of act or omission of the Contractor, Sub-Contractor, or their agents or employees; and the Contractor hereby further ' agrees that the whole or so much of the money due under or by virtue of the agreement as shall be considered necessary by the Engineer shall or may be retained by the Owner until all suits or claims for damages, as aforesaid, have been settled and satisfactory evidence to that effect ' furnished by the said Engineer. The said Contractor shall take proper means to protect the adjacent or adjoining property or ' properties in any way encountered or which might be injured by any process of construction to be undertaken under this agreement, and he shall be liable for any claims for damages on ' account of his failure to fully protect all property injured during or on account of such construction. 30. PRIVATE LANDS ' The Contractor shall not enter upon or occupy with men, tools, or materials of any nature, any , lands outside of the public streets and roadways and the right-of-way shown on the plans, except after written consent has been received by him from the proper parties, and a certified copy of such consent shall have been furnished to the Engineer. - 17 - ' 31. LIEN The Contractor and its surety and its and their successors and assigns, and any and all other parties in any way concerned, shall fully indemnify the Owner and all its officers, servants, and employees from any and all liability or expenses by way of legal costs or otherwise in respect to any claims which may be made for a lien or charge at law or in equity or to any claim or liability under the Construction Lien Act, 1983, or to an attachment for debt, garnishes process other otherwise, and shall fully indemnify the Owner against any loss sustained by the Owner as a result of reliance on the truth of the affidavit submitted by the Contractor under Clause 19 of the General Conditions. The Owner may, at any time, withhold from the Contractor an amount sufficient to pay and every lien against the work of which it has notice and should the Contractor not promptly pay the amount declared by the Court to be due the claimant, the Owner is authorized to make such payment and shall deduct the amount thereof from monies due the Contractor. The Owner shall not in any case be liable to any greater extent than the amount owing by it to the Contractor, his executors, administrators, successors and assigns. 32. ROYALTIES ON PATENTED INVENTIONS The Contractor shall protect and save harmless the Owner from all and every deemed for Th p damages, royalties or fees on any patented invention used by him in connection with work done ' or material furnished under the contract unless the article of invention is clearly and specifically required by this contract; and it shall be the duty of the Contractor, if so demanded by the Owner to furnish said Owner with a proper legal release or indemnity from and against all claims, and any or all payment may be withheld from said Contractor until said release is furnished. 33. PUBLIC LIABILITY The Contractor shall maintain such insurance as will protect him from any claims whatsoever, by reason of injury (including death) to persons, or damage to property resulting from negligence, carelessness, or any reason whatsoever in the performance of the work, in guarding the same, ' or from any improper material used in the construction. Such insurance shall be in the amount of $2,000,000.00 and a certificate of such insurance shall be furnished to the Owner prior to commencement of the work. The policy shall include the Owner, Engineer, Town and/or Municipality, as required named as if a separate policy had been issued. 33. PUBLIC LIABILITY Continued , The Contractor shall assume all responsibility for any damage, liability to person and property on account of any act of commission or omissions incidental to the execution of this contract, or in the use and occupancy of the work site by the said Contractor, or his agent or any Sub- Contractor. In case an suit or other proceedings are brought against the Owner at anytime on account of or , Y P 9 9 9 Yt by reason of any act of commission or omissions of the Contractor or his agent or any sub- contractor incidental to the execution of this contract, the Contractor hereby agrees to pay the cost of or, if so requested by the Owner, to assume the defence thereof at the Contractor's own expense. The Contractor shall indemnify and hold safe the Owner from all claims made against ' the Owner as a result of the execution of the work or anything done in connection therewith including claims for personal or property damage, claims under the Construction Lien Act, 1983, and all other claims. ' 34. RESPONSIBILITY FOR WORK ' Until final acceptance of the work constructed, the Contractor shall be held responsible for any injury or damage to the structure or any part of the structure, by the action of the elements, or ' from any cause whatsoever, whether arising from the execution or from the non-execution of the work, and he shall make good at his own expense all injuries of damages to any portion of the structure before complete and final acceptance. If so requested by the Owner, the Contractor ' shall insure the work until completion in an amount satisfactory to the Owner with loss payable to the Contractor and the Owner as their interests may appear. The premium for such insurance shall be paid by the Owner. ' 35. EMERGENCIES Whenever, in the opinion of the Engineer, the Contractor has not taken sufficient precaution for the safety of the public or the protection of the works to be constructed under this contract, or of adjacent structures or property which may be injured by processes of construction on account of such neglect, and whatever, in the opinion of said Engineer, an emergency shall arise and immediate action shall be considered necessary in order to protect public or private, personal or property interest, then and in that event, the Owner, with or without notice to said Contractor, may provide suitable protection to said interests by causing such work to be furnished and placed or , things done as shall provide such protection as said Engineer may consider necessary and adequate. ' - 19 - ' 35. EMERGENCIES Continued The cost and expense of such work and material, so furnished, shall be borne by the said ' Contractor, and if the same shall not be paid on presentation of the bills therefore, then said costs shall be deducted from any amounts due or which may become due said Contractor. ' The performance of such emergency work under the direction of the Engineer shall in no way relieve the Contractor from any damages which may occur during or after said precaution has been duly taken by said Engineer. ' The Contractor shall apply I the Engineer with the name, address and telephone number of one 9 of his employees who may be reached twenty-four(24) hours a day and seven days a week. The employee shall be responsible for taking calls concerning the job during hours when no one would be available at the job site and shall be required to place or replace barricades and lanterns, as may be required, and to make any minor emergency repairs. He shall be equipped with spare barricades and lanterns at all times. ' 36. LOCATION OF UNDERGROUND OBJECTS It is the responsibility of the Contractor to make all inquiries and investigations needed to obtain all information required as to the location of underground objects or existing utilities or facilities and no responsibility will be assumed by the Owner for the corrections or completions of any plans furnished by it or obtained by the Contractor with respect to existing utilities, pipes, catch basins, chambers, or other objects, either underground or on the surface and should the plots of such be found incorrect or incomplete, or should the Owner fail to deliver to disclose plans, the Contractor shall have claim on any such account. The Owner does not insure the accuracy of such information as it may furnish, and the Contractor shall not make any claim against the Owner for damages or for extra work caused or occasioned by his relying upon such records, reports or ' information either as a whole or in part, furnished by any civic department or commission company or individual. 37. PROTECTION OF UTILITIE It is the Contractor's responsibility to protect all utilities located in the vicinity of the work from damage of any nature. This refers to all utilities, both above and below ground; poles, hydrants, hydro and telephone wires, buried hydro and telephone cables, water and gas mains, street lights, sign standards, etc. Should damage occur as a result of his operations, the Contractor shall be required to pay the full cost of all repairs and replacement. 1 1 - 20 - 37. PROTECTION OF UTILITIES Continued , The work of repairing and replacing shall be done by the forces of the utility company which owns the damaged service. The cost of such work shall be chargeable to the Contractor either by t invoice or by deduction from a payment certificate. The onus rests with the Contractor to notify the utility companies when he is working in any area and to gain assurance from the utility company that his proposed method of operation will not endanger the utility in question. His ' operations shall then be conducted in such a manner as to not endanger any utilities. 38. ACCESS TO WORK AND ADJACENT PROPERTIES The Contractor must afford all reasonable and necessary facilities for carrying out their duties to the Owner or any of its employees or workmen as well as to any company, corporation or party owning or operating any railway, tramway, wires, pipes or conduits or other works or property on, ' alongside or near the line of the works or in their vicinity. He shall notify all such parties before interfering with any of their property, rights or privileges, and must work in harmony with them as far as he possibly can. The Engineer shall have the right at any time before, during the ' construction, or after the completion of the work to open up any portion of the works, or of the ground or roadway or to grant permission for such opening to be made or left by the Contractor, as he, the said Engineer, may deem advisable, for the purpose of examining, repairing, or laying any water, gas or other pipes, sewers, drains, tracks or other underground or surface construction or to cause any such work as he may deem necessary or advisable to be done, and such permission or the exercise of such rights, either by the Engineer or by any other person or corporation having the requisite authority (either statutory or otherwise) shall not relieve the Contractor from any of his responsibilities or obligations nor shall the opening up of the portion of the work for these or any other purposes or by any other parties relieve the Contractor of such t responsibilities or obligations except only for the portion of work actually torn up and destroyed and then only in case the Contractor applies in writing for such relief, at the time such work is being done, or within ten (10) days afterwards, and can furnish a sufficient cause in the ' Engineer's opinion, why such relief should be granted. It shall, moreover, be the responsibility of the Contractor to give reasonable notice to all persons who will be deprived of access to their ' properties by reason of the work and, where practicable, to furnish alternate means of access. 1 ' - 21 - ' 39. CHARACTER OF WORKMEN The Contractor agrees to employ only orderly, competent, and skillful men to do the work; and ' that whenever the Engineer shall inform him in writing that any officer of the Company, man or men on the work are, in his opinion, incompetent, unfaithful or disorderly, such officer of the company, man or men shall be removed from the work and shall not again be employed on the ' same contract without the Engineer's written consent. ' 40. CONFLICTS AND OMISSIONS The Contractor shall do all work and furnish all materials in accordance with the best practice and ' in the event of any inconsistency or conflict in the provisions of the drawings and specifications, such provisions shall take precedence and govern in the following order: ' (i) Detailed Specifications (ii) Drawings (iii) Instructions to Tenderers (iv) Standard Specifications (v) Tender ' (vi) General Conditions The Engineer shall be permitted to make such corrections and interpretations as may be ' necessary for fulfillment of the intent of the drawings and specifications. Any work or material not herein specified but which may be fairly implied as included in this contract, of which the Engineer shall be the judge, shall be done or furnished by the Contractor at his expense. 41. SPIRITUOUS LIQUORS ' The Contractor shall neither permit nor suffer the introduction or use of spirituous liquors upon or about the works embraced in this contract or upon any of the grounds occupied by him for purposes of this contract. ' 42. HOURS OF WORK The hours of work shall be from 7:00 A.M. to 6:00 P.M. inclusive daily. The Contractor shall ' schedule his work within these hours and will not be permitted to commence work earlier than 7:00 A.M. and/or work later than 6:00 P.M. except as authorized by the Engineer. - 22 - ' 43. SUNDAY WORK ' No Sunday work will be permitted except in case of emergency and then only with the written permission of the Engineer and to such extent as he deems necessary. ' 44. STATUTORY HOLIDAYS ' In case the Contractor desires to work on a day which is a statutory holiday, he shall notify the ' Engineer in writing at least four (4) days in advance of such holiday, stating those places where said work will be conducted. In such case the Contractor fails to give such notice in advance of any statutory holiday, no work within the terms of the contract shall be done on such holiday. ' 45. MACHINERY AND EQUIPMENT ' All equipment, including plant and machinery, used in construction shall be subject to the approval of the Engineer, but approval or failure to approve same shall not relieve the Contractor ' from responsibility for the proper performance of the contract, or liability under same. Where, in the opinion of the Engineer, conditions are not suitable for the use of trenching, , excavating or other special machinery, the Contractor shall, upon the written order of the Engineer, carry out the work without the use of such machinery, and no allowance will be made to the Contractor as a result of such restriction. , 46. STORAGE OF MACHINERY AND MATERIALS , The Contractor shall be governed by the direction of the Engineer in all matters concerning the ' storage of machinery, materials and supplies along the line of the work, and shall at his own cost and expense shift or remove such machinery, materials and supplies immediately upon notice to do so from the Engineer. In case the Contractor shall neglect or refuse to shift or remove any ' machinery, materials and supplies within ten (10) working hours after receipt of such notice, the Owner may shift or remove such machinery, materials or supplies and the cost of so doing shall be charged to and paid by the Contractor, or such cost may be deducted from any monies due ' or to become due the Contractor. 47. TEMPORARY SERVICES ' Should the Contractor desire the services of public utilities, such as hydro, telephone, etc., the ' said Contractor shall arrange for and pay all such services and charges. - 23 - ' 48. PUMPING The Contractor shall at all times keep all excavation, trenches or tunnels free from water, at his own cost and expense, while the work is in progress, shall build all dams and other work necessary for this purpose, and provide and keep in operation on the work, when necessary, a pump or pumps of sufficient capacity for the purpose. He shall provide for the disposal of water ' removed from the excavation in such manner as shall not be a danger to the public health, or private property or to any portion of the work completed or under construction either by him or by any other Contractor, or the surface of the streets, and in such manner as shall cause no ' impediment to the use of the streets by the public. Settling tanks shall be provided for removal of sand and mud, where ordered by the Engineer. The Contractor shall not hold the Owner or other contractors liable for leakage from existing sewers or from other sewers under construction, or from watermains. ' 49. REMOVAL AND STORAGE OF PAVING MATERIAL ' The Contractor shall grub and clear the surface wherever it may be necessary and remove all surplus materials of whatever nature or kind. He shall classify and separate all paving material, curb and gutter, all wood, flagstone or concrete sidewalk material and all other material which ' may be removed as required by the Engineer, and shall properly store, guard and preserve such as may be required for future use in backfilling, surfacing, repaving or otherwise. ' 50. DEFECTIVE WORK AND MATERIALS ' It is further agreed that if the work or any part thereof or any materials brought on the ground for the use in the work or selected for the same, shall be deemed by the Engineer as unsuitable or not in conformity with the specifications, the Contractor shall forthwith remove such material and ' rebuild or otherwise remedy such work so that it shall be in full accordance with the contract. ' 51. LOSSES AND DAMAGES ' All loss or damage arising out of the nature of the work to be done or from the action of the elements or from any unforeseen circumstances in the prosecution of the same, or from any unusual obstructions or difficulties which may be encountered in the prosecution of the work shall be sustained and borne by the Contractor at his own cost and expense. - 24 - ' 52. USE OF WATER AND REGIONAL HYDRANTS , Where the Contractor desires to use water from a Regional hydrant, he must first obtain written ' permission from the Regional Municipality of Durham. He shall follow the requirements of the Region regarding the use of the hydrant, and shall make all arrangements for the use of and payment for water from the hydrant. , 53. NOTIFICATION OF ROAD CLOSING The Contractor shall notify the Police and Fire Departments before closing any roadway to traffic. 54. THE OCCUPATIONAL HEALTH AND SAFETY ACT - ONTARIO REGULATION 213/91 (CONSTRUCTION PROJECTS)' It is the duty and responsibility of the Contractor to ensure that the provisions and regulations of the Occupational Health and Safety Act and all Regulations made thereunder are compiled with and all work under this contract shall be carried out in accordance with the said Act. 55. RELOCATI N OF UTILITIES ' Utility poles and hydrants will be relocated where necessary by others by arrangement with the , Owner and the cost of the relocation will be borne by the Owner. The Contractor will be required to co-operate with all utility companies involved in order that they ' may complete their work. The Contractor shall have no claim for compensation for any delays resulting from failure of the Owner or a Utility Company to relocate a utility. ' 56. DEVIATIONS FROM PLANS DRAWINGS OR SPECIFICATIONS ' Where a contract has been awarded for the construction of any work, or the supplying of any material, the Contractor or Contractors to whom the contract for such work or the supply of such ' material has been awarded shall not deviate from, or in any way alter, the plans and specifications under which such contract was awarded, without the written authority of the Engineer. ' ' - 25 - 57. MATERIALS ' The Contractor contracts and agrees that all of the materials used in the said work shall be of the best of their several kinds and qualities, and that all of the said materials and work shall be subject to the inspection and approval of the Engineer and in case any of the said materials or ' work shall be rejected by the Engineer, as defective or unsuitable, then the said materials shall be removed and replaced with other acceptable materials, and the said work shall be done anew immediately, to the satisfaction and approval of the Engineer at the cost and expense of the ' Contractor. ' 58. WORKPLACE HAZARDOUS MATERIALS INFORMATION SYSTEM REQUIREMENTS The Contractor shall provide Material Safety Data Sheets for all W.H.M.I.S. regulated products ' brought into the school, provide W.H.M.I.S. training for specific regulated products brought into the school, to any school staff who will be working in the proximity of or who may be exposed to the product. ' 1.0 Comply with Workplace Hazardous Materials Information System in accordance with the Occupational Health & Safety Act (O.H.S.A.). ' 2.0 Before commencement of work and during full term of the Contract, provide a list with current Material Safety Data Sheets (M.S.D.S.) of all hazardous materials proposed for use ' on the Project. ' 3.0 Label hazardous materials used and/or supplied on the Project in accordance with W.H.M.I.S. requirements. 4.0 Conform to Environmental Protection Act for disposal and Clean-up requirements. 5.0 Obtain from the Owner, where applicable, a List and M.S.D.S. of hazardous materials that ' may be handled, stored or used by Owner's employees and/or other Contractors retained by Owner at the location where work of this contract will be performed. ' 6.0 Ensure that those who handle and/or are exposed to, or are likely to handle or to be exposed to hazardous materials, are fully instructed and trained in accordance with W.H.M.I.S. requirements. ' DETAILED SPECIFICATIONS SECTION V DALE PARK DRIVE CORPORATION OF THE ' MUNICIPALITY OF CLARINGTON ' STAGE II - MUNICIPAL SERVICES ' CONTRACT NO. CL-99-17 ' c:lcontracfldalepdc.det ' DETAILED SPECIFICATIONS ' 1.0 GENERAL 1.1 CONTRACT PERFORMANCE & MAINTENANCE BOND 1.2 LABOUR & MATERIALS BOND 1.3 LIABILITY INSURANCE ' The lump sum price in the Tender Form for this item unless otherwise specified shall be compensation in full for the cost of the Performance and Guaranteed Maintenance Bond for 24 months and Liability Insurance as outlined in the Contract Agreement and General ' Conditions. 1.4 MOBILIZATION & DEMOBILIZATION ' The lump sum price stated in the Tender Form for this item unless otherwise specified shall be compensation in full for the following: ' a) Supply and erect al I signs, barricades, flashers, delineators and such other protection as may be required by the Engineer to protect the public during the course of the ' Contract. b) Security protection of the Contractor's office, plant and stored materials during the course of the Contract. ' c) Moving onto the site and setting up the Contractor's office, the field office for the Engineer's Inspector, storage facilities, plant, etc. ' d) Provide all necessary access to the project including haul roads as required and the restoration of the surface to the original condition after the haul roads are removed. ' e) Moving off the site and removal of the Contractor's office, field office, storage facilities, plant, etc. ' f) The Contractor shall be required to have their project supervisor present for a pre- inspection and post-inspection of all water service boxes, valve boxes, etc. with the Engineer's representative and other interested parties. The time of the inspections will be determined by the Engineer. It is the responsibility of the Contractor to locate all water ' service boxes and valve boxes and clearly mark them. g) It is understood by the Contractor that items 2.0, 3.0 and 4.0 are Contingency Items abd ' the quantities are an estimated quantity for tender use only. All work under Items 2.0, 3.0 and 4.0 will only by performed by the Contractor under the direction of the Engineer and payment shall be made for the actual quantity of work in each item, as determined by the Engineer. Payment will be as follows: ' 60% of the lump sum stated in the Tender Form for this item will be paid on the first payment certificate and 40% will be paid on the completion certificate. DETAILED SPECIFICATIONS , 1.5 ADJUST MANHOLE RIMS TO FINAL GRADE , The unit price tendered for this item shall include all labour, equipment and material necessary to raise or lower a manhole frame so that the final elevation of the cover shall fit the ' final elevation of the completed work as outlined below: To raise or lower a manhole rim the Contractor shall remove the existing frame, cover, ' brickwork and any asphalt required to adjust and/or build up the manhole walls to the correct elevation with moduloc sections and mortar laid in an approved manner and reset the frame and cover. , When the mortar on the outside of the brick collar is sufficiently dry, the outside shall be coated with two (2) separate coats of bituminous waterproofing. The work shall be carried out in accordance with Standard Drawing S-112 for sanitary ' manholes and for storm manholes in accordance with the Regional Municipality of Durham "Specification for Storm Sewers and Appurtenances". , Payment shall be made for each manhole rim raised or lowered as required by the Contract Drawings and as ordered by the Engineer. 1.6 ADJUST CATCH BASIN MANHOLE RIM TO FINAL GRADE , 1.7 ADJUST SINGLE CATCH BASIN RIM TO FINAL GRADE The unit price tendered for this item shall include all plant, labour, equipment and material ' necessary to adjust an existing catch basin frame so that the final elevation of the grate shall fit the final elevation of the completed work, as indicated on the Contract Drawings and as outlined below: ' To raise or lower the catch basin rim, the Contractor shall remove the existing frame, grate, brickwork and asphalt required to adjust and/or build up with moduloc sections and mortar laid ' in an approved manner and reset the frame and grate. When the mortar on the outside of the brick collar is sufficiently dry, the outside shall be coated with two (2) separate coats of bituminous waterproofing. ' Payment shall be made for each catch basin rim adjusted as required by the Construction Drawings and as ordered by the Engineer. ' 1.8 CONCRETE CURB & GUTTER (TOP ONLY) This item is detailed in the "Specification for Concrete Curb and Gutter" and in addition the unit , price tendered shall include all plant, labour, equipment and material required to construct depressions and transitions at sidewalk ramps and driveways according to the Contract Drawings and as directed by the Engineer. ' The unit price must include a provision for cleaning all the material from the top surface and key of the existing base curb, straightening of all bent stirrups and replacement of 10m stirrups ' as directed by the Engineer. The existing base course asphalt overlapping the existing base curb must be properly sawcut back an appropriate distance to allow for the proper installation of the second stage of the curb ' and gutter. Any granular material disturbed while removing the base course asphalt must be replaced and recompacted to the satisfaction of the Engineer. , ' DETAILED SPECIFICATIONS ' 1.8 CONCRETE CURB & GUTTER (TOP ONLY) CONTINUED After the curb and gutter has been installed, the base asphalt previously removed must be replaced in kind to the satisfaction of the Engineer. The unit price for Item 1.6 shall include the cost of this asphalt. Payment for this item shall be made for the linear metre of concrete curb and gutter installed. 1.9 CONCRETE SIDEWALK ' The unit price tendered under this item shall include all plant, labour, equipment and material necessary to construct concrete sidewalks as shown on the Contract Drawings, as detailed in the "Specifications for Concrete Sidewalks", as directed by the Engineer and as outlined below: - The sidewalks shall be constructed in accordance with Standard N-504 and N-505. - The construction of sidewalk ramps as required. ' - The Contractor shall be paid at the unit rate tendered for this item to do whatever is necessary to reconnect, in kind all private walks to proposed walks. ' - Payment shall be made for the actual quantity of restoration required to reconnect the walks, as determined by the Engineer. - The excavation of boulevards and fine grading of base in preparation for sidewalk installation. 1.10 ASPHALT CURB 1.11 HL3 SURFACE ASPHALT 1.12 HL3 ASPHALT DRIVEWAYS ' This item is etailed on the Contract Drawings and in the "Specification for Hot-Mix, Hot-Laid Asphaltic Concrete Pavements". In addition, the following conditions shall apply: ' The Contractor must be prepared to place asphaltic concrete pavement, as required and specified by the Engineer, and shall not have extra claim for compensation due to construction in separate stages or for all extra work encountered as a result of a discontinuous paving ' operation such as cleaning a previously laid asphalt course, constructing extra joints, supplying and applying a "tack coat", as required, and doing other similar work if so ordered by the Engineer. ' The unit price tendered under these items shall also include the adjustments of grade for all Durham Regional water valve boxes in order that they are flush with the finished asphaltic concrete surface. To facilitate the movement of traffic, the Contractor may be required to conduct his paving operations in several stages. This may involve paving single traffic lands and/or only parts of ' the roadway at a time. The unit price shall include sawcutting the edge of the existing binder in order to provide a ' squared surface to place the additional binder asphalt. DETAILED SPECIFICATIONS ' 1.10 ASPHALT CURB ' 1.11 HL3 SURFACE ASPHALT 1.12 HL3 ASPHALT DRIVEWAYS CONTINUED The unit price tendered shall include the excavation and replacement of Granular "A" material ' between the existing binder pavement and curb to the required grade and made good for pavement. The unit price used for payment shall be as outlined in the Form of Tender. , The Contractor shall supply to the Engineer with written confirmation of the price of the asphaltic cement in both cases. The unit price tendered shall include the supply of asphalt cement. 1.13 19mm CRUSHED LIMESTONE BASE - DRIVEWAYS ' The unit price tendered under this item shall include the plant, labour, equipment and material required to supply, place and compact 19mm crushed limestone in the driveways as indicated , on the Contract Drawings or as directed by the Engineer. The 19mm crushed limestone shall be placed at a thickness of 150mm minimum where there , is no existing granular material. The unit price tendered shall also include any excavation, fine grading and work required to ' prepare the driveway base at proper grade. The existing base for the driveways in some instances may be sufficient. The Contractor shall be required to supply and compact the 19mm crushed limestone required for preparation to ' asphalt. Payment shall be made by the tonne as determined by the Engineer. , 1.14 FINE GRADING BOULEVARDS The unit p rice tendered under this item shall include all labour, equipment and material required to grade the boulevards 125mm below finished grade between the curb and property line in preparing the boulevard for topsoiling and sodding. All other areas which require fine , grading and such as sidewalks and driveways will be paid under those items. Payment shall be made by m2 as determined by the Engineer. ' 1.15 TOPSOIL & SODDING BOULEVARDS r This item is detailed on the Contract Drawings and in the Specification for Sodding, Seeding and Hydraulic Seeding and Mulching". ' The unit price tendered includes importing acceptable topsoil. Payment shall be made by the mZ as determined by the Engineer. ' ' DETAILED SPECIFICATIONS ' 1.16 CLEAN SINGLE CATCH BASIN 1.17 CLEAN REAR LOT CATCH BASIN 1.18 CLEAN MANHOLE The unit price tendered for this item shall include all labour, equipment and material ' necessary to clean each catch basin and manhole of all debris, mud, asphalt, etc. as directed by the Engineer. ' Payment for these items shall be made for each catch basin or manhole, cleaned to the satisfaction of the Engineer. 1.19 CLEAN & FLUSH SEWERS The unit price tendered for this item shall include all plant, labour, equipment and material required to clean and flush the sanitary and storm sewers installed under this Contract. ' Payment for this item shall be made for the exact length of sanitary and storm sewer pipe to be cleaned and flushed as determined by the Engineer. 1.20 1.5m CHAINLINK FENCE The unit price tendered shall include all plant, labour, equipment and material to supply and ' install a 1.8m high chainlink fence as per Clarington Standard N-603 and to the satisfaction of the Engineer. ' The unit price shall be supplied and installed as per Clarington Standard N-604. All post and pipe rails to be galvanized and gauge schedule 40. ' All mesh to be No. 9 gauge galvanized. Payment shall be made for the linear metre installed. ' 1.21 BOULEVARD TREES ' The unit price tendered shall include all plant, labour, equipment and material to supply and install boulevard trees and in accordance with Contract Drawing L-1. The trees shall be planted as per Standard N-424 and Clarington Boulevard Tree Policy. ' Payment shall be made for each boulevard tree planted. DETAILED SPECIFICATIONS ' 2.0 REMOVAL & REPLACEMENT , 21 REMOVAL & REPLACEMENT OF EXISTING ASPHALT The Contractor shall remove, replace and dispose of any existing binder course required as , directed by the Engineer. If necessary, the Contractor shall regrade and prepare granular base for installation of new asphalt and replace. ' The unit price provided shall not include the removal of asphalt necessary for adjusting manhole rims, catch basins and join pavement treatment. Payment shall be made at the m2 of asphalt removed as measured by the Engineer. ' The Contractor shall remove and dispose of any base curb required as directed by the ' Engineer. If necessary, the Contractor shall regrade and prepare the granular base for installation of the new base curb. The unit price shall include all necessary sawcutting of the existing base curb and asphalt ' required to remove the base curb. The Contractor must also replace any asphalt disturbed by the replacement of the base curb. Payment for this item will be made for each metre of base curb replaced. 2.2 REMOVAL & REPLACEMENT OF EXISTING FULL CURB ' The Contractor shall remove and dispose of any full curb required as directed by the Engineer. If necessary, the Contractor shall regrade and prepare the granular base for installation of the new full curb. , The unit price shall include all necessary sawcutting of the existing full curb and asphalt required to remove the full curb. The Contractor must also replace any asphalt disturbed by 1 the replacement of the full curb. Payment for this item will be made for each metre of full curb replaced. , 2.3 REMOVAL & REPLACEMENT OF CONCRETE CURB & GUTTER The Contractor shall remove and dispose of any full curb required as directed by the Engineer. ' If necessary, the Contractor shall regrade and prepare the granular base for installation of the new full curb. The unit price shall include all necessary sawcutting of the existing full curb and asphalt , required to remove the full curb. The Contractor must also replace any asphalt disturbed by the replacement of the full curb. ' Payment for this item will be made for each metre of full curb replaced. 2.4 GLASGRID ' The Contractor shall supply and place Glasgrid on the base asphalt as directed by the Engineer. Payment for this item will be made by the m2. ' DETAILED SPECIFICATIONS ' 2.5 REMOVE EXISTING CHAINLINK FENCE The Contractor shall remove and dispose off-site the existing chainlink fence and post. The unit price shall include filling and compacting the existing hole. Payment shall be made for linear metre of fence removed. 3.0 WATERMAIN VALVE & SERVICE BOX ' EXCAVATE, EXPOSE & BACKFILL A LOCATED WATER 3.1. 3.2 SERVICE CONNECTION OR MAIN VALVE BOX ' The unit price tendered under this item shall include all plant, labour, equipment and material required to expose a water service connection or main valve box to enable the Engineer to inspect the condition of the water appurtenances and subsequent backfilling and compacting of the excavation after any repairs have been made, all to the satisfaction of the Engineer. The water service connection shall be exposed at the service box, at the or at the curb line, as the case may be and as directed by the Engineer .1 Total exposure of the main stop, curb stop, main valve box, and/or service pipe exclusively by hand. .2 Total exposure of the main stop, curb stop, main valve box, and/or service pipe by machine including some hand excavation as required. ' .3 Partial exposure of service box, main valve box exclusively by hand to a maximum depth of one (1) meter or three (3) feet. ' .4 Partial exposure of service box, main valve box, by machine including some hand excavations required to a maximum depth of one (1) meter or three (3) feet. 3.3 NEW MAIN BOX LID The unit price tendered under this item shall include all plant, labour, equipment and material ' required for removing a damaged watermain box lid and supplying and installing a new lid to the satisfaction of the Engineer. 3.4 NEW TOP SECTION MAIN BOX The unit price tendered under this item shall include all plant, labour, equipment and material ' required for removing damaged top section of the valve box and supplying and installing a new top section to the satisfaction of the Engineer. ' 3.5 NEW EXTENSION SECTION MAIN BOX The unit price tendered under this item shall include all plant, labour, equipment and material required to remove the existing and/or supply in place a new valve box extension (intermediate section) based on a 450mm height. Should a 300mm extension be required, there would not be a reduction in price, similarly should a 600mm extension be required, there would not be an increase in price. DETAILED SPECIFICATIONS ' 3.6 NEW BOTTOM SECTION MAIN BOX ' The unit price tendered under this item shall include all plant, labour, equipment and material required for removing damaged bottom section of valve box and supplying and installing a new , top section to the satisfaction of the Engineer. 3.7 NEW MAIN BOX COMPLETE ' The unit price tendered under this item shall include all plant, labour, equipment and material required for removing damaged valve box and supplying and installing a new valve box , complete to the satisfaction of the Engineer. 3.8 NEW NO. 9 WATER SERVICE BOX The unit price tendered under this item shall include all plant, labour, equipment and material ' required for removing damaged water service box and supplying and installing a No. 9 water service box complete (including a stainless steel rod) to the satisfaction of the Engineer. , 3.9 NEW STAINLESS STEEL ROD ONLY IN SERVICE BOX The unit price tendered under this item shall include all plant, labour, equipment and material required for removing the existing water service box and rod and supplying and installing a new(stainless steel)rod and resetting the service box, all to the satisfaction of the Engineer. 3.10 ' NEW WATER SERVICE BOX LID ' The unit price tendered under this item shall include all plant, labour, equipment and material required for removing damaged water service box lid and supplying and installing a new lid to the satisfaction of the Engineer. The lid supplied must be a threaded type so that the lid can be screwed onto the service box. 3.11 RETHREADING SERVICE BOX , The unit price tendered under this item shall include all plant, labour, equipment and material , required for cutting and rethreading the existing service box where the existing thread cannot be used to install a new lid under Item 3.10 above or WSB extension under Items 3.12 through 3.15 inclusive below, all to the satisfaction of the Engineer. , 3.12, 3.13 3.14. 3.16 WATER SERVICE BOX EXTENSION (INCLUDING COUPLING} The unit rice tendered under this item shall include all plant, labour, equipment and material ' required for removing damaged extensions and supplying and installing a water service box extension. The material used for an extension shall be black pipe, the same diameter as the , service box. The pipe is to be threaded such that a galvanized coupling can be used to join the extension to the service box and the service box lid shall be screwed onto the extension, all to the satisfaction of the Engineer. Under no circumstances are extensions to be used which ' fasten to the service box by the tightening of a set screw. ' DETAILED SPECIFICATIONS ' 3.12, 3.13 3.14, 3.15 WATER SERVICE BOX EXTENSION (INCLUDING COUPLING) ' CONTINUED Note: When the only work required on a service connection concerns the repair of ' a water service box, then the Contractor shall be paid under Item 3.8 to carry out the necessary work. When a water box is required, coupled with other repairs for a water service connection, but not thecomplete replacement of the connection, the ' Contractor shall be paid under the unit price bid for a water service box. 4.0 LABOUR RATES ' Include payroll burden, overhead and profit. These rates shall apply for all extra work and change orders. ' 5.0 PROVISIONAL SUM The Contractor shall not be entitled to payment of any portion of this provisional sum unless ' he has received specific authorization from the Engineer to undertake any specified additional works. cAcontractldaleprk.det Page 1 of 9 Tender CL99- 17 SCHEDULE ' 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 Health and Safety Act. Safety performance will be a consideration in the awarding of contract. Under the Occupational Health and Safety Act (Section 23 (1), (2)), it is the constructor's responsibility to ensure that: ' the measures and procedures prescribed by the Occupational Health and Safety Act and the Regulations are carried out on the rp oject; • every employer and every worker performing work on the rp oject complies with the Occupational Health and Safety Act and the ' Regulations (under the Act); and • the health and safety of workers on the rp oject is protected. ' 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. ' Page'2 of 9 Tender CL99- 17 SCHEDULE "A" CONTRACTOR SAFETY ' POLICY AND PROCEDURE Continued... Construction - includes erection, alteration, repair, dismantling, demolition, structural maintenance, painting, land clearing, earth moving, grading, excavating, trenching, digging, boring, drilling, blasting, or concreting, the installation of any machinery or plant, and any work or undertaking in ' connection with a project. Constructor - means a person who undertakes a project for an owner and includes an owner who undertakes all or part of a project by himself or by more than one employer. Project Manager- means the municipal management representative who has responsibility for a contract. PROCEDURE: ' The following items are required before any Contractors are hired by the Municipality. ' a) Before beginning a project, the project manager or delegate 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 delegate must include, as part of the request ' for tender/quotations, a copy of the above mentioned list. The list of designated substances/hazardous materials must be provided to all prospective constructors and/or contractors. ' c) The request for tender/quotations will require prospective contractors to include a list of the designated substances/hazardous ' materials that will be brought onto the work site and material safety data sheets. ' d) Before awarding a contract, 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. ' Page 3 of 9 Tender CL99- 17 SCHEDULE "A" ' CONTRACTOR SAFETY ' POLICY AND PROCEDURE Continued... e) As part of the tender/quotation conditions, before award of a ' contract, the contractor will be required to provide proof that all workers involved with the project have the proper WHMIS training, as required by the Occupational Health and Safety Act. f) As part of the tender/quotation conditions, before award of a contract, the contractor must provide details of their Health and ' Safety program. g) The project manager _ or delegate must provide the successful contractor with a workplace orientation which will include, but not ' limited to identifying known potential hazards, hazardous material inventory and material safety data sheets for the sites. A workplace orientation/Job Safety Instruction Checklist to be completed (see ' Compliance page 9). h) 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. ' I) 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. j) The Municipality will retain the right to document contractors for all ' health and safety warnings and/or to stop any contractors' work if any of the previously mentioned items are not in compliance. Similarly, the Municipality will have the right to issue warnings and/or to stop ' work if there are any violations by the contractor of the Occupational Health and Safety Act, Municipal Health and Safety programs, policies, rules, and/or if the contractor creates an unacceptable health and safety hazard. Written warnings and/or stop work orders can be given ' to contractors using Contractor Health and Safety Warning/Stop Work Order From (Schedule "B"). 1 ' Page 4 of 9 Tender CL99- 17 ' SCHEDULE "A" CONTRACTOR SAFETY POLICY AND PROCEDURE Continued... ' k) 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. ' p The Purchasing Department will maintain current certificates of clearance until all monies owing have been paid to the contractor. ' M) . 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. 1 1 ' Page 5 of 9 Tender CL99- 17 ' SCHEDULE "A" CONTRACTOR SAFETY ' POLICY AND PROCEDURE Continued... ' HEALTH AND SAFETY PRACTICE FORM To Contractor(s): The Municipality of Clarington is committed to a healthy and safe working environment for all workers. To ensure the Municipal workplace is a healthy and safe working environment, contractors, constructors and subcontractors must ' have knowledge of and operate in compliance with the Occupational Health and Safety Act and any other legislation pertaining to employee health and safety. In order to evaluate your company's health and safety experience, please provide ' the accident/incident and/or Workplace Safety and 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 ............................................. ................ the last two• Injury frequency performance for Y - 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 confirming this status and number from WCB with their bid submission.) 1 1 Page 6 of 9 Tender CL99- 17 SCHEDULE "A" CONTRACTOR SAFETY POLICY AND PROCEDURE Continued... ' CONTRACTOR'S STATEMENT OF RESPONSIBILITY ' As a contractor working for the Municipality of Clarington, I/we will comply with all procedures and requirements of the Occupational Health and Safety Act, Municipal safety policies, department and site specific 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 "ACC'); and b) have sufficient knowledge and training to perform all matters required pursuant to this contract/tender safely and in ' compliance with the Act. 2. In the performance of all matters required pursuant to this contract/tender, the contractor/successful tenderer shall, a) act safely and comply in all respects to the Act, and ' b) ensure that its employees, it subcontractors and their employees act safely and complying all respects 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 t 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 site at any time or times for the purpose of inspection to determine compliance with ' this contractor/tender. Page 7 of 9 ' Tender CL99- 17 ' SCHEDULE "A" CONTRACTOR SAFETY POLICY AND PROCEDURE Continued... 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 contract/tender; ' b) against any action or claim, and costs related thereto, brought against the Municipality by any person arising out of any unsafe act or practice or any non-compliance with the Act by the t contractor/successful tenderer or any of its employees, its subcontractors or their employees in the performance of any matter required pursuant to this contract/tender; and ' C) from any and all charges, fines, penalties, and costs that may be incurred or paid by the Municipality (or any of its council ' members or employees) shall be made a party to any charge under the Act in relation to any violation of the Act arising out of this contract/tender. .................................................................................. .............................................................. ' Contractor Name of Person Signing for Contractor .......................................................................................... Date ' Signature of Contractor ' Page s of 9 Tender CL99- 1 7 ' SCHEDULE "A" CONTRACTOR SAFETY 1 POLICY AND PROCEDURE Continued... ' Schedule "B" CONTRACTOR HEALTH AND SAFETY WARNING/STOP WORK ORDER ' The purpose of this form is to: (Issuer to check one of the following) _ Provide warning to the contractor to immediately discontinue the unsafe ' work practice 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 CONTRACT/P.O. # ' DESCRIPTION: ' NAME OF FIRM: Page 9 of 9 ' Tender CL99-1 7 ' SCHEDULE A° PART "B" - DETAILS OF INFRACTION (TO BE COMPLETED BY ISSUER) ' DATE &TIME OF INFRACTION: DESCRIPTION OF INFRACTION INCLUDING LOCATION: ORDER GIVEN BY MUNICIPALITY: DID THE CONTRACTOR COMPLY WITH THIS ORDER? DATE &TIME OF COMPLIANCE: ISSUED T0: CONTRACTOR'S EMPLOYEE TITLE ISSUED BY: MUNICIPAL EMPLOYEE DEPARTMENT TITLE ' PART "C" -ADDITIONAL COMMENTS THIS SECTION IS TO BE USED INTERNALLY TO RECORD ADDITIONAL COMMENTS SUBSEQUENT TO ISSUING THE WARNING/STOP WORK ORDER, I.E. DATE AND TIME WORK ' RESUMED, FURTHER ACTION TAKEN, ETC.