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HomeMy WebLinkAbout2004-226 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2004- 226 Being a By-law to authorize a contract between the Corporation of' the Municipality of Clarington and Rutherford Contracting Ltd., Gormley, Ontario, to enter into agreement for the Bowmanville Community Park Construction. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS FOLLOWS: 1. THAT the Mayor and Clerk are hereby authorized to execute, on behalf of the Corporation of the Municipality of Clarington and seal with the Corporation Seal, a contract between, Rutherford Contracting Ltd., Gormley, Ontario, and said Corporation; and 2. THAT the contract attached hereto as Schedule "An form part of this By-law. By-law read a first and second time this 25th day of October ,2004. .2004. By-law read a third time and finally passed this 25th day of October ---.".< I I I I I I I I I I I I I I I I I I I CJiUlllglon Municipality of Clarington Contract Documents FOR THE CONSTRUCTION OF PEARCE FARM PARK CONTRACT NO. CL2004-33 CONSULTANT: JVF CONSULTANTS (1998) INC. 1895 CLEMENTS ROAD, UNIT 166 PICKERING, ON LI W 3V5 TELEPHONE NO. 905-686-2954 I I I I I I I I I I I I I I I 2. I I I I AGREEMENT BETWEEN OWNER/THE AWARDED CONTRACTOR The Drawings and Plans, Specifications, Information for Tenderers, Form of Tender, Special Provisions, Instructions to Bidders, Performance and Maintenance Bonds, together with this Agreement form the Contract in this matter. THIS AGREEMENT, made (in quaduplicate) this 26th day of November, Two Thousand Four. BY AND BETWEEN Rutherford Contracting Ltd. hereinafter called the Contractor of the First Part AND THE OWNER! CORPORATION Corporation of the Municipality of Clarington hereinafter called the owner WHEREAS the said Contractor submitted a Tender for Pearce Farm Park Tender CL2004-33 a copy of which is attached hereto, and WHEREAS the said Tender was accepted by the said Corporation on the 12th day of October Two Thousand Four. NOW THESE PRESENT WTINESS that the said Contractor does hereby covenant and agree with the said Owner that is consideration of the covenants and payments to be made as herein provided to comply with the following: 1. To provide all materials, tools, equipment and labour of eve!)' kind required to do and perform the whole of the work set out in the Plans and Tender, and in the most substantial and workmanlike manner, according to the Schedule set out in the Information for Tenderers. To indemnify and save harmless the said Owner and each of its officers, servants and agents from and against all action, claims and demands which may be brought or made by any other part in consequence of the performance of the said work or of the non-execution or imperfect performance of such work. I I I I I I I I I I I I I I I I I I I AGREEMENT BETWEEN OWNER/THE A WARDED CONTRACTOR 3. To pay to the said Owner, on demand, all loss costs, damages or expenses which may be paid, sustained, or incurred by the said Owner or any of its officers, servants, or agents in consequence of any said action, suit claim, lien, execution or demand as here in before stated in Clause 2 above, and that in default of such payment, all such loss, costs, damages and expenses may be deducted from any monies of the said Contractor then remaining in the possession of the said Owner on account of this contract, or may be recovered from the said Contractor or the Surety named in the bond hereto attached in any court of competent jurisdiction as money payable to such default. 4. And the said Contractor further agrees that in the event of any action as herein before stated in Clause 2 above, to authorize and empower the said Owner or its Solicitor to defend, settle, or compromise any such actions, suits, claims, executions or demands as the said Owner or its said solicitor may deem expedient, and hereby agrees to ratify and confirm all the acts of the said Owner said Contractor may, at his own expense, take charge of and conduct the defence in the name of the said Owner for any such actions, claim or suit. 5. The said Owner covenants with the said Contractor that if the said work, including all extras in connection therewith, shall be duly and properly executed according to the terms and provisions of this contract, the said Owner will pay the said Contractor the contract price stated in the said Tender (including all approved extras as provided in the Schedule of Prices forming part of this contract) in the manner specified as to holdbacks and only upon estimates or certificates signed by the Landscape Architect. It is hereby expressly provided that the granting of any estimate or certificate, or the payment of any monies thereunder, shall not be construed as an acceptance of any defective work or material, to which the same related thereof, and shall not in any manner lessen the liability of the contractor to replace such work or material, although the conditions of the same may not have been known to, or discovered by the said Engineer at the time such estimate or certificate was granted, or money paid thereon 6. The Contractor shall perform the Work required by the Contract Documents for the construction of Pearce Farm Park (Insert here the title oj the Work and the Project) which have been signed by the parties, and which were prepared by JVF Consultants (1998) Inc. acting as and hereinafter called the "Consultant" and (a) do and fulfill everything indicated by this Agreement, and 1h (b) commence the Work by the 6 day of December 2004 and attain Substantial Performance Completion of the Work, as certified by the Municipality ofClarington, th by the 29 day of July 2005. I I I I I I I I I I I I I I I I I I I AGREEMENT BETWEEN OWNER/THE AWARDED CONTRACTOR 7. CONTRACT PRICE The Contract Price (excludes G.S.T.) is five hundred fifty two thousand nine hundred twelve dollars ($ 552,912.53) plus G.S.T. in Canadian Funds, which price shall be subject to adjustments as may be required in accordance with the provisions of the Contract Documents. Contract Price includes the following adjustments: . Deletion of Tender Item I Rough grading and earth cut and fill . Tender Item 27a Compass feature concrete pad revised unit price . Add Tender Provisional Item 10 Masonry Piers on Shelter . Add Tender Provisional Item 12 Farm Fence IN WITNES S the seal of the Contractor and the seal of the Corporation attested by the hands of their respective authorized officers on the date first above written. I I AGREEMENT BETWEEN OWNER/THE AWARDED CONTRACTOR I I I I I I I I I I I I I I I I I 8. CONTRACT DOCUMENTS The following are included as the Contract Documents: a. Agreement Between Owner and Contractor.......................................... 5 Pages b. Definitions ........................................................................... ..... 2 Pages c. General Conditions ...................................................................... 16 Pages d. Tender Form (Schedule D) submitted by Rutherford Contracting Ltd. dated September 15, 2004. ......................................................... ..... 7 Pages e. Tender Submission, Provisional Items and Information Sheets submitted by Rutherford Contracting Ltd., dated September 15, 2004............ 6 Pages f. Agreement to Bond (Surety Consent) issued by Aviva Insurance th Company of Canada dated August 20 ,2004......................................... 1 Page g. Letter dated October 8th, 2004 from Rutherford Contracting Ltd. to Municipality of Clarington regarding Confirmation of Tender Details for Tender Item 1 and Tender Item 27a........................................ 1 Page h. Letter dated November 17, 2004 issued from JVF Consultants (1998) Inc. to Rutherford Contracting Ltd. regarding required documention for the preparation of the contract and total contract price. .. . .. ... . . . . .. ... . .. ... . .. 2 Page i. Workers' Compensation Certificated dated October 18, 2004... ...... ... ... ... ..... 1 Page j. Performance Bond in amount of 100% of contract issued by Aviva Insurance Company dated November 41h, 2004........................... ...... 1 Page k. Labour and Material Payment Bond (Trustee Form) in the amount of 100% of contract issued by Aviva Insurance Company of Canada dated November 4th, 2004................................................... ..... 1 Page 1. General Power of Attorney............................................................ .... I Page m. Letter dated November 23'd, 2004 summarizing list of subcontractors, project contact(s),and anticipated submission requirements to date........................................................ 1 Page n. Certificate of Insurance including Municipality of Clarington, Region of Durham and JVF Consultants (1998) Inc. as additional insureds...... 1 Page o. Schedule A ... . ... ... ....... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ....... ... ... .... 8 Pages p. Schedule B ............................................................................ ..... 6 Pages q. Schedule C ................................................................................. 8 Pages r. Standard Specifications................................................................... 102 Pages s. List of Drawings and Details: . L-l - Layout Plan . L-Ia - Layout Plan - Walkway Extension and Parking Lot . L-2 - Grading Plan . L-2a - Grading Plan - Walkway Extension and Parking Lot . L-3 - Planting Plan . L-4 - Planting Details, Landscape Specifications and Plant List . L-5 - Site Service Plan I I AGREEMENT BETWEEN OWNER/THE A WARDED CONTRACTOR I I I I I I I I I I I I I I I I I 8. CONTRACT DOCUMENTS (continued) CONTRACTOR CORPORATION COMPANY SEAL . L-6 - Electrical Service Plan L-7 - Construction Details Electrical L-8 - Plan Enlargement and Contruction Details L-9 - Construction Details L-IO - Construction Details L-ll - Construction Details Park Shelter L-12 - Construction Details Park Shelter L-13 - Construction Details Splash Pad Components L-14 - Construction Details Splash Pad Components . . . . . . . . Per: Office: Per: Office: S E A L S E : '-A L . I I I I I I I I I I I I I I I I I I I Page 44 of 44 Tender CL 2004-33 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE PEARCE FARM PARK INSTRUCTIONS TO BIDDERS AS PER DOCUMENT CCDC 4 I. The following documents shall govern as the general conditions for this project: Standard Construction Document CCDC 4 1982 Unit Price Contract Available at: Toronto Construction Association Construction Centre (416) 499-4000 2. A copy of the document is enclosed herewith. 3. The 1982 Amendment to CCDC 4 shall integrally form part of the General Conditions. (a) GC14 - Certificates and Payments Substitute the new 1982 versions ofGC14.12 and GC14.13. Add a new general condition GC14.14. (b) GCl9 - Indemnification Substitute the new 1982 versions ofGC19.1, 19.2 and 19.3. Add a new general condition as GC19.14. (c) GC20 - Insurance Substitute the new 1982 version of GC20.1(a). 4. The definitions for Unit Price Contract, CCDC No.4, 1982, File 00530 and 0720 are amended as follows: Definition Item No.2 - Contract Documents Add: The Contract Documents shall also include the Instructions to Bidders, the completed tender as submitted by the successful bidder, the Schedule of Unit Prices and the completed list of Subcontractors. I I Standard Construction Document - CeDe 4 - 1982 I DEFINITIONS The following Definitions shall apply to all Contract Documents. I I I I I I I I I I I I I I I I 1. The Contrect The Contract Documents form the Contract. The Contract is the undertaking by the parties to perform their respective duties, responsibilities and obligations as prescribed in the Contract Documents and represents the entire agreement between the parties. The Contract supersedes all prior negotiations, representations or agreements, either wrinen or oral, including the bidding documents. The Contract may be amended only as provided in the General Conditions of the Contract. 2. Contract Documents The Contract Documents consist of the executed Agreement between the Owner and Contractor, the General Conditions of the Contract, Supplementary Conditions, Definitions, specifications, drawings and such other documents as are listed in Article A-2 - CONTRACT DOCUMENTS including amendments thereto incorporated before the execution of the Contract and subsequent amendments thereto made pursuant to the provisions of the Contract and agreed upon between the parties. 3. Owner The Owner is the person, firm or corporation identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number and masculine in gender. The term Owner means the Owner or his authorized agent or representative as designated to the Contractor in writing but does not include the Consultant. 4. Consultant The Consultant is the person, firm or corporation identified as such in the Agreement, and is an Architect or Engineer licensed to practice in the province or territory of the Place of the Work, and is referred to throughout the Contract Documents as if singular in number and masculine in gender. 5. Contractor The Contractor is the person, firm or corporation identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number and masculine in gender. The term Contrac- tor means the Contractor or his authorized representative as designated to the Owner in writing. 6. Subcontractor A Subcontractor is a person, firm or corporation having a direct contract with the Contractor to perform a part or parts of the Work, or to supply products worked to a special design according to the Contract Documents, but does not include one who merely supplies products not so worked. The term Subcontrac- tor is referred to throughout the Contract Documents as if singular in number and masculine in gender. 7. The Project The Project means the total construction contemplated of which the Work may be the whole or a part. 8. The Work The Work means the total construction and related services required by the Contract Documents. 9. Products Products means material, machinery, equipment and fixtures forming the Work but does not include machinery and equipment used for preparation, fabrication, conveying and erection of the Work and normally referred to as construction machinery and equipment. 10. Other Contractor Other Contractor means a person, firm or corporation employed by or having a separate contract directly or indirectly with the Owner for work other than that required by the Contract Documents. eeDe 4 - 1982 File 00530 9 11. 12. 13. 14. 16. 10 Place of the Work The Place of the Work is the designated site or location of the Project of which the Work may be the whole orapart. I I Time lal The Contract Time is the lime stipulated in the Contract Documents for Substantial Performance of the Work. Ibl The date of Substantial Performance of the Work is the date certified as such by the Consultant. (c) Day means the calendar day. Id) Working day means days other than Salurdays, Sundays and holidays which are observed by the construction industry in the area of the Place of the Work. I I Substantial Performance of the Work Substantial Performance of the Work is as defined in the lien legislation applicable to the Place of the Work. If such legislation is not in force or does not contain such definition, Substantial Performance of the Work shall have been reached when the Work is ready for use or is being used for the purpose intended and is so certified by the Consultant. I I Total Performance of tha'Work Total Performance of the Work means when the entire Work, except those items arising from the provi- sions of GC 24 - WARRANTY, has been performed to the requirements of the Contract Documents and is so certified by the Consultant. I I Changes in the Work Changes in the Work means the deletion, extension, increase, decrease or alteration of lines, grades, dimensions, methods, drawings or materials of the Work or part thereof, within the scope of the Work contemplated by the Contract Documents. I 16. Extra Work Extra Work means any work or service, the performance of which is beyond the scope of the Work contemplated by the Contract Documents. I I I I I I I I I eeDe 4 - 1982 Filo 00630 I I I I Standard Construction Document - CeDe 4 -1982 THE GENERAL CONDITIONS OF THE UNIT PRICE CONTRACT (Hereinafter referred to as the General Conditions. I I GC1 1.1 1.2 I I 1.3 I 1.4 1.5 I 1.6 I I I I I 1.7 1.8 1.9 I I 1.10 I GC2 2.1 I 2.2 I 2.3 I DOCUMENTS The Contract Documents shall be signed in duplicate by the Owner and the Contractor. The Contract Documents are complementary, and what is required by anyone shall be as binding as if required by all. The intent of the Contract Documents is to include the labour, products and services necessary for the performance of the Work in accordance with these documents. It is not intended, however, that the Con- tractor shall supply products or perform work not consistent with, covered by or properly inferable from the Contract Documents. Words and abbreviations which have well known technical or trade meanings are used in the Contract Documents in accordance with such recognized meanings. References to the masculine or the singular shall be considered to include the feminine and the plural as the context requires. In the event of conflicts between Contract Documents the following shall apply: (a) figured dimensions shown on a drawing shall gO'Jern even though they may differ from dimensions scaled on the same drawing, (b) drawings of larger scale shall govern over those of smaller scale of the same date, (c) specifications shall govern over drawings, Id) the General Conditions shall govern over specifications, Ie) Supplementary Conditions shall govern over the General Conditions, and If) the executed Agreement between the Owner and Contractor shall govern over all documents. Notwithstanding the foregoing, documents of later date shall always govern. The Contractor shall be provided without charge with as many copies of the Contract Documents or parts thereof as are necessary for the performance of the Work. The Contractor shall keep one copy of current Contract Documents and shop drawings at the Place of the Work, in good order and available to the Consultant and his representatives. This requirement shall not be considered to include the executed set of Contract Documents. Drawings, specifications, models and copies thereof furnished by the Consultant are and shall remain his property with the exception of the signed contract sets belonging to each party to this Contract. Such documents and models are to be used only with respect to the Work and are not to be used on other work. Such documents and models are not to be copied or revised in any manner without the written authoriza- tion of the Consultant. Models furnished by the Contractor at the Owner's expense are the property of the Owner. ADDITIONAL INSTRUCTIONS During the progress of the Work the Consultant will furnish to the Contractor such additional instructions to supplement the Contract Documents as may be necessary for the performance of the Work. Such in- structions shall be consistent with the intent of the Contract Documents. Additional instructions may be in the form of specifications, drawings, samples, models or other written instructions, Additional instructions will be issued by the Consultant with reasonable promptness and in accordance with a schedule agreed upon for such instructions. eeDe 4 - 1982 File 00720 11 GC3 3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8 3.9 3.10 3.11 3.12 3.13 3.14 12 II CONSULTANT The Consultanl will provide administration of this Contract as described in the Contract Documents. The Consultant will be the Owner's representative during construction and until completion of any correction of defects under the provisions of GC 24 - WARRANTY, paragraph 24.2, or until the issuance of the Certificate of Total Performance of the Work, whichever is later. The Owner's instructions to the Contractor shall be forwarded through the Consultant. The Consultant will have authority to act on behalf of the Owner only to the extent provided in the Contract Documents, unless otherwise modified by written agreement in accordance with paragraph 3.13. The Consultant will not be responsible for and will not have control or charge of construction means, methods, techniques, sequences or procedures, or for safety precautions and programs required for the Work in accordance with the applicable construction safety legislation, other regulations or general con- struction practice. The Consultant will not be responsible for or have control or charge over the acts or omissions of the Contractor, his Subcontractors, or their agents, employees or other persons performing any of the Work. The Consultant will visit the site at intervals appropriate to the progress of construction to familiarize himself with the progress and quality of the Work and to record the data necessary to establish the pay quantities under the Schedule of Contract Unit Prices. Based on the Consultant's observations and his evaluation of the Contractor's applications for payment, the Consultant will determine the amounts owing to the Contractor under the Contract and will issue cer- tificates for payment in such amounts, as provided in Article A-4 - PAYMENT and GC 14 - CER- TIFICATES AND PAYMENTS. The Consultant will be, in the first instance, the interpreter of the requirements of the Contract Documents and the judge of the performance thereunder by both panies to the Contract. Interpretations and decisions of the Consultant shall be consistent with the intent of the Contract Documents and in making his deci- sions he will not show partiality to either party. Claims, disputes and other matters in question relating to the performance of the Work IIr the interpretation of the Contract Documents shall be referred initially to the Consultant in writing for decision which he will give in writing within a reasonable time. The Consultant will have authority to reject work which in his opinion does not conform to the requirements of the Contract Documents. Whenever he considers it necessary or advisable he will have authority to require speciai inspection or testing of work whether or not such work be then fabricated, in- stalled or completed. However, neither the Consultant's authority to act nor any decision made by him either to exercise or not to exercise such authority shall give rise to any duty or responsibility of the Consul- tant to the Contractor, his Subcontractors, or their agents, employees or other persons performing any of the Work. The Consultant will review and take appropriate action upon the Contractor's submittals such as shop drawings, product data, and samples, in accordance with the requirements of the Contract Documents. The Consultant will prepare change orders in accordance with the requirements of GC 11 - CHANGES IN THE WORK AND EXTRA WORK. I I I I I I I I I I I I I The Consultant will conduct inspections to determine the date of Substantial Performance of the Work and Total Performance of the Work in accordance with the requirements of GC 14 - CERTIFICATES AND PAYMENTS. He will receive and review written warranties and related documents required by the Contract and provided by the Contractor and will forward such warranties and documents to the Owner for his acceptance. If the Owner and the Consultant agree, the Consultant will provide at the site one or more project representatives to assist the Consultant in carrying out his responsibilities. The duties, responsibilities and limitations of authority of such project representatives shall be as set forth in writing to the Contractor but shall in any event provide for the timely recording of the data necessary to establish the pay quantities under the Schedule of Contract Unit Prices. The duties, responsibilities and limitations of authority of the Consultant as set forth in the Contract Documents will not be modified or extended without the written consent of the Owner, the Contractor and the Consultant. In the event of the termination of the employment of the Consultant, the Owner shall immediately appoint a Consultant to whom the Contractor makes no reasonable objection and whose status under the Contract shall be that of the former Consultant. I I I I ceDe 4 - 1982 File 0072ll I I 3.15 I I GC4 4.1 I I I I 4.2 4.3 I I 4.4 I 4.5 I 4.6 I I GC5 5.1 I 5.2 I I 5.3 I I 5.4 I Nothing contained in the Contract Documents shall create any contractual relationship betw.een the Consultant and the Contractor, his Subcontractors, his suppliers, or their agents, employees or other persons performing any of the Work. DELAYS If the Contractor is delayed in the performance of the Work by an act or omission of the Owner, Consultant, Other Contractor, or anyone employed or engaged by them directly or indirectly, contrary to the provisions of the Contract Documents, then the Contract Time shall be extended for such reasonable time as the Consultant may decide in consultation with the Contractor. The Contractor shall be reimbursed by the Owner for reasonable costs incurred by the Contractor as the result of such delay. If the Contractor is delayed in the performance of the Work by a stop work order issued by a court or other public authority and providing that such order was not issued as the result of an act or fault of the Contrac- tor or anyone employed or engaged by him directly or indirectly, then the Contract Time shall be extended for such reasonable time as the Consultant may decide in consultation with the Contractor. The Contrac- tor shall be reimbursed by the Owner for reasonable costs Incurred by the Contractor as the result of such delay. If the Contractor is delayed in the performance of the Work by iabour disputes, strikes, lock-outs lincluding lock-outs decreed or recommended for its members by a recognized contractors' association, of which the Contractor is a member or to which the Contractor is otherwise bound). fire, unusual delay by common carriers or unavoidable casualties or, without limit to any of the foregoing, by a cause beyond the Contractor's control, then the Contract Time shall be extended for such reasonable time as the Consultant may decide in consultation with the Contractor, but in no case shall the extension of time be less than the time lost as the result of the event causing the delay, unless such shorter extension be agreed to by the Contractor. The Contractor shall not be entitled to payment for costs incurred as the result of such delays unless such delays are as the result of actions by the Owner. No extension shall be made for delay unless written notice of claim is given to the Consultant not later than fourteen (14) days after the commencement of delay, providing however, that in the case of a continuing cause of delay only one notice of claim shall be necessary. . If no schedule is made under GC 2 - ADDITIONAL INSTRUCTIONS, no claim for delay shall be allowed because of failure to furnish instructions until fourteen (141 days after a demand for such instructions has been made and not then unless such claim is reasonable. The Consultant will not, except by written notice to the Contractor, stop or delay the Work pending instructions or proposed changes in the Work. OWNER'S RIGHT TO PERFORM WORK OR STOP THE WORK OR TERMINATE CONTRACT If the Contractor should be adjudged bankrupt, or makes a general assignment for the benefit of creditors because of his insolvency or if a receiver is appointed because of his insolvency, the Owner may, without prejudice to any other right or remedy he may have, by giving the Contractor or receiver or trustee in bankruptcy written notice, terminate the Contract. . If the Contractor should neglect to prosecute the Work properly or otherwise fails to comply with the requirements of the Contract to a substantial degree and if the Consultant has given a written statement to the Owner and Contractor that sufficient cause exists, the Owner may notify the Contractor in writing that he is in default of his contractual obligations and instruct him to COrrect the default in the five 15) working days immediately following the receipt of such notice. If the correction of the default cannot be completed in the five 15) working days specified, the Contractor shall be in compliance with the Owner's instructions if he: lal commences the correction of the default within the specified time, and (b) provides the Owner with an acceptable schedule for such correction, and Icl completes the correction in accordance with such schedule. If the Contractor fails to correct the default in the time specified or subsequently agreed upon, the Owner, without prejudice to any other right or remedy he may have, may: la) correct such default and deduct the cost thereof from any payment then or thereafter due the Con- tractor provided the Consultant has certified such cost to the Owner and the Contractor, or (b) terminate the Contractor's right to continue with the Work in whole or in part or terminate the Contract. eeDe 4 - 1982 File 00720 13 5.5 5.6 5.7 GC 6 6.1 6.2 6.3 6.4 GC 7 7.1 14 I If the Owner terminates the Contractor's right to continue with the Work under the conditions set out in this General Condition, he shall: (a) be entitled to take possession of the premises and products and utilize the construction machinery and equipment the whole subject to the rights of third parties, and finish the Work by whatever method he may consider expedient but without undue delay or expense, and (bl withhold further payments to the Contractor until the Work is finished, and (c) upon Total Performance of the Work, charge the Contractor the amount by which the full cost of finishing the Work as certified by the Consultant, including compensation to the Consultant for his additional services and a reasonable allowance as determined by the Consultant to cover the cost of corrections to work performed by the Contractor that may be required under GC 24 - WARRANTY, exceeds the unpaid balance of the Contract Price; however, if such cost of finishing the Work is less than the unpaid balance of the Contract Price, he shall pay the Contractor the difference, and Idl on expiry of the warranty period, charge the Contractor the amount by which the cost of corrections to his work under GC 24 - WARRANTY exceeds the allowance provided for such corrections, or if the cost of such corrections is less than the allowance, pay the Contractor the difference. If a performance bond has been provided by the Contractor the provisions of this General Condition shall be exercised in accordance with the conditions of such performance bond. The Contractor's obligation under the Contract as to quality, correction and warranty of the work performed by him up to the time of termination shall continue in force after such termination. I I I I I I CONTRACTOR'S RIGHT TO STOP THE WORK OR TERMINATE CONTRACT I If the Owner should be adjudged bankrupt or makes a general assignment for the benefit of creditors because of his insolvency or if a receiver is appointed because of his insolvency, the Contractor may, without prejudice to any other right or remedy he may have, by giving the Owner or receiver or trustee in bankruptcy written notice, terminate the Contract. If the Work should be stopped or otherwise delayed for a period of thirty (301 days or more under an order of a court or other public authority and providing that such order was not issued as the result of an act or fault of the Contractor or of anyone directly or indirectly employed or engaged by him, the Contractor may, without prejudice to any other right or remedy he may have, by giving the Owner written notice, terminate the Contract. The Contractor may notify the Owner in writing, with a copy to the Consultant, that the Owner is in default of his contractual obligations if: (a) the Consultant fails to issue a certificate in accordance with the provisions of GC 14 - CER- TIFICATES AND PAYMENTS, or (b) the Owner fails to pay the Contractor when due the amounts certified by the Consultant or awarded by arbitration or court, or (c) the Owner violates the requirements of the Contract to a substantial degree and the Consultant con- firms by written statement to the Contractor that sufficient cause exists. The Contractor's written notice to the Owner shall advise that if the default is not corrected in the five (5) working days immediately following the receipt of the written notice the Contractor may, without pre- judice to any other right or remedy he may have, stop the Work or terminate the Contract. If the Contractor terminates the Contract under the conditions set out above, he shall be entitled to be paid for all work performed in accordance with the Schedule of Contract Unit Prices and for loss sustained upon products and construction machinery and equipment and such other damages as the Contractor may have sustained as a result of the termination of the Contract. I I I I I I I I DISPUTES I Differences between the parties to the Contract as to the interpretation, application or administration of this Contract or any failure to agree where agreement between the parties is called for, herein collectively called disputes, which are not resolved in the first instance by decision of the Consultant pursuant to the provisions of GC 3 - CONSULTANT, paragraphs 3.6 and 3.7, shall be settled in accordance with the re- quirements of this General Condition. I eeDe 4 - 1982 File 00720 I I I I I I I 7.4 7.5 I 7.6 I 7.7 I I GC 8 8.1 I I I I GC 9 9.1 9.2 I I I I I The claimant shall give written notice of such dispute to the other party no later than thirty (301 days after the receipt of the Consultant's decision given under GC 3 - CONSULTANT, paragraph 3.7. Such notice shall set forth particulars of the matters in dispute, the probable extent and value of the damage and the relevant provisions of the Contract Documents. The other party shall reply to such notice no later than fourteen (14) days alter he receives or is considered to have received it, setting out in such reply his grounds and other relevant provisions of the Contract Documents. If the matter in dispute is not resolved promptly the Consultalit will give such instructions as in his opinion are necessary for the proper performance of the Work and to prevent delays pending settlement of the dispute. The parties shall act immediately according to such instructions, it being understood that by so doing neither party will jeopardize any claim they may have. If 'it is subsequently determined that such instructions were in error or at variance with the Contract Documents, the Owner shall pay the Contractor costs incurred by the Contractor in carrying out such instructions which he was required to do beyond what the Contract Documents correctly understood and interpreted would have required him to do, including costs resulting from interruption of the Work. . It is agreed that no act by either party shall be construed as a renunciation or waiver of any of his rights or recourses, provided he has given the notices in accordance with paragraph 7.2 and has carried out the instructions as provided in paragraph 7.3. If the parties have agreed to submit disputes to arbitration pursuant to a Supplementary Condition to the Contract, or by subsequent agreement, then the dispute shall be submitted to arbitration in accordance with the provisions of the arbitration legislation of the Place of the Work. If no provision or agreement is made for arbitration then either party may submit the dispute to such judicial tribunal as the circumstances may require. In recognition of the obligation by the Contractor to perform the disputed work as provided in paragraph 7.3, it is agreed that settlement of dispute proceedings may be commenced immediately following the dispute in accordance with the aforegoing settlement of dispute procedures. ASSIGNMENT Neither party to the Contract shall assign the Contract or a portion thereof without the written consent of the other, which consent shall not be unreasonably withheld. 9.3 OTHER CONTRACTORS The Owner reserves the right to let separate contracts in connection with .the Project of which the Work is a part, or do certain work by his own forces. When separate contracts are awarded for different parts of the Project, or work is performed by the Owner's own forces, the Owner shall: (al provide for the co-ordination of the work of his own forces and of each separate contract with the Work of this Contract, and (bl ensure that insurance coverage is provided to the same requirements as are called for in GC 20 -INSURANCE. Such insurance shall be co-ordinated with the insurance coverage of this Contractor as it affects the Work of this Contract. The Contractor shall co-ordinate the Work of this Contract with the work of Other Contractors and connect as specified or shown in the Contract Documents. If there is a change in the scope of the work reo quired for the planning and performance of this co-ordination and connection, the changes shall be authorized in accordance with GC 11 - CHANGES IN THE WORK AND EXTRA WORK, and the value of the changes shall be determined in accordance with GC 12 - VALUATION AND CERTIFICATION OF CHANGES IN THE WORK. The Contractor shall report to the Consultant any apparent deficiencies in Other Contractors' work which would affect the Work of this Contract immediately they come to his attention and shall confirm such report in writing. Failure by the Contractor to so report shall invalidate any claims against the Owner by reason of the deficiencies of Other Contractors' work except as to those of which he was not reasonably aware. The Owner shall take all reasonable precautions to avoid labour disputes or other disputes on the Project arising from the work of Other Contractors. 9.4 9.5 CCDC4 - 1982 File 00720 15 GC10 SUBCONTRACTORS 10. 1 The Contractor agrees to preserve and protect the rights of the parties under the Contract with respect to work to be performed under subcontract and to: la) enter into contracts or written agreements with his Subcontractors to require them to perform their work in accordance with and subject to the terms and conditions of the Contract Documents, and (b) be as fully responsible to the Owner for acts and omissions of his Subcontractors and of persons directly or indirectly employed by them as for acts and omissions of persons directly employed by him. The Contractor therefore agrees that he will incorporate the terms and conditions of the Contract Documents into all subcontract agreements he enters into with his Subcontractors. 10.2 The Contractor agrees to employ those Subcontractors proposed by him in writing and accepted by the Owner at the signing of the Contract. 10.3 The Owner may, for reasonable cause, object to the use of a proposed Subcontractor and require the Contractor to employ one of the other subcontract bidders. 10.4 In the event that the Owner requires a change from a proposed Subcontractor the Contract Price shall be adjusted by the difference in cost and mark-up occasioned by such required change. 10.5 The Contractor shall not be required to employ as a Subcontractor a person or firm to whom he may reasonably object. 10.6 The Consultant may, upon reasonable request and at his discretion, provide to a Subcontractor information as to the percentage or quantity of the Subcontractor's work which has been certified for payment. 10.7 Nothing contained in the Contract Documents shall create a contractual relationship between a Subcontractor and the Owner. II I I I I I I I GC 11 CHANGES IN THE WORK AND EXTRA WORK 11.1 Changes in the Work: Except as provided in GC 12 - VALUATION AND CERTIFICATION OF CHANGES IN THE WORK, paragraph 12.4: (al the Owner, through the Consultant, without invalidating the Contract, may make Changes in the Work with the Contract Price and Contract Time being adjusted accordingly by written order, and Ibl no Changes in the Work shall be proceeded with without a written order signed by the Owner and no claim for a change in the Contract Price or change in the Contract Time shall be valid unless so ordered and at the same time valued or agreed to be valued as provided in GC 12 - VALUATION AND CERTIFICATION OF CHANGES IN THE WORK. I I I 11.2 Extra Work: (a) The Owner may offer the Contractor Extra Work. If the terms and conditions for the performance of the Extra Work are agreed upon, the Owner, through the Consultant, shall issue a written change order amending the Contract Price and Contract Time as appropriate, or a written order to proceed until a price and change in time are agreed upon by the parties and a change order can be issued. I I I GC 12 VALUATION AND CERTIFICATION OF CHANGES IN THE WORK 12.1 If the type of work involved in a Change in the Work is included in the items contained in the Schedule of Contract Unit Prices in Article A-3 - CONTRACT PRICE, paragraph lc), it shall be performed on the same payment basis as the original Work except as described in paragraphs 12.7 and 12.8, and the Contract Time shall be extended for such time as the Consultant may decide in consultation with the Contrector. 12.2 If the type of work involved in a Change in the Work is not included in tha items contained in the Schedule of Contract Unit Prices in Article A-3 - CONTRACT PRICE, paragraph lcl, or is such as to alter the nature or intent of the work included in this Schedule, the value of such change shall be determined in one or more of the following methods: (a) by estimate and a9ceptance in a lump sum; (b) by unit prices agreed upon; I c I by cost and a fixed or percentage fee; ldl by variation of the Contract Unit Prices. I I I I 16 CCDC4 - 111112 File 00720 I I 12.3 I I 12.4 I 12.5 I I 12.6 I 12.7 I I 12.8 I 12.9 I I I 12.10 GC13 13.1 13.2 I I 13.3 I 13.4 I GC14 14.1 I I When a Change in the Work covered by paragraph 12.2 is proposed or required the Contractor shall present to the Consultant for approval his claim for a change in the Contract Price and change in Contract Time with appropriate documentation in a form acceptable to the Consultant. The Consultant will satisfy 'himself as to the correctness of such claim and, when approved by the Owner, a change order shall be issued to the Contractor amending the Contract Price and Contract Time as appropriate. The value of work performed in the change shall be included for payment with the regular certificates for payment. In the case of Changes in the Work to be paid for under methods (bl and (c) of paragraph 12.2, the form of presentation of costs and methods of measurement shall be agreed to by the Consultant and Contractor before proceeding with the change. The Contractor shall keep accurate records, as agreed upon, of quantities or costs and present an account of the cost of the Change in the Work, together with vouchers where applicable. If the method of valuation, measurement, change in Contract Price and change in Contract Time cannot be promptly agreed upon, and the change is required to be proceeded with then the Consultant in the first instance will determine the method of valuation, measurement and the change in Contract Price and Contract Time subject to final determination in the manner set out in GC 7 - DISPUTES. In this case the Consultant will, with the consent of the Owner, issue a written authorization for the change setting out the method of valuation and if by lump sum his valuation of the change in Contract Price and Contract Time. In the case of a dispute in the valuation of a change authorized in the Work and pending final determination of such value, the Consultant will certify the value of work performed in accordance with his own evaluation of the change .and include the amount with the regular certificates for payment. The Contractor shall keep accurate records of quantities and cost of such work. Should the actual quantity of an item in the Schedule of Contract Unit Prices referred to in Article A-3 - CONTRACT PRICE, paragraph lcl. vary by more than 15% of the estimated quantity, either the Owner or the Contractor may request a revision to the Contract Unit Price contained in the Schedule. Such a re- quest for a revision in a Contract Unit Price shall be given as soon as reasonably possible after the party concerned becomes aware of the circumstances. If a revision to a Contract Unit Price is negotiated, then: lal the revised unit price in the case of a decrease of more than 15% of the estimated quantity will apply to the actual work performed for that item, and lbl the revised unit price in the case of an increase of more than 15% of the estimated quantity will apply to the excess quantity of work for that item only. If either party requests renegotiation of a Contract Unit Price. both parties agree to act promptly in order to arrive at an equitable revision of the Contract Unit Price prior to proceeding with the work so affected. If agreement of such renegotiation cannot be reached, the Contractor shall proceed with the work and the matter shall be subject to final determination in the manner set out in GC 7 - DISPUTES. Pending such settlement, payment for the work performed shall be made on the regular certificates for payment on the basis of the Contract Unit Prices. It is intended in all matters referred to above that the Owner, the Consultant and Contractor shall act promptly. APPLICATIONS FOR PAYMENT Applications for payment on account may be made monthly as the Work progresses. Applications for payment shall be dated the last day of the agreed monthly payment period and the amount claimed shall be for the value of work performed and prOducts delivered to the Place of the Work at that date. Applications for payment for products delivered to the Place of the Work but not yet incorporated into the Work shall be supported by such evidence as the Consultant may reasonably require to establish the value and delivery of the products. ' Applications for release of holdback monies following Substantial Performance of the Work and the application for final payment shall be made at the time and in the manner set forth in GC 14 - CERTIFICATES AND PAYMENTS. CERTIFICATES AND PAYMENTS The Consultant will, no later than ten 1101 days after the receipt of an application for payment from the Contractor submitted in accordance with GC 13 - APPLICATIONS FOR PA YM ENT, issue a certificate for payment in the amount applied for or in such other amount as he determines to be properly due. If the Consultant amends the application, he will promptly notify the Contractor in writing giving his reasons for the amendment. ceDe 4 - 1982 File 00720 17 14.2 The Owner shall make payment to the Contractor on account in accordance with the provisions of Article A-4 ~ PAYMENT no later than fifteen (15) days after the issuance of a certificate for payment by the Con- sultant. 14.3 The Consultant will, no later than ten (10) days after the receipt of an application from the Contractor for a certificate of Substantial Performance of the Work, make an inspection and assessment of the Work to verify the validity of the application. The Consultant will, no iater than seven 171 days after his inspection, notify the Contractor of his approval or the reasons for his disapproval of the application. When the Con- sultant finds that Substantial Performance of the Work has been reached he will issue such a certificate. The date of Substantial Performance of the Work shall be as stated in this certificate. Immediately follow- ing the issuance of the certificate of Substantial Performance of the Work, the Consultant, in consultation with the Contractor, will establish a reasonable date for the Total Performance of the Work. 14.4 Immediately following the issuance of the certificate of Substantial Performance of the Work the Consultant will issue a certificate for payment of holdback monies. The holdback monies authorized by this certificate shall become due and payable on the day following the expiration of the statutory limitation period stipulated in the lien legislation applicable to the Place of the Work or where such legislation does not exist or apply in accordance with such other legislation, industry practice or such other provisions which may be agreed to between the parties, providing that the Owner may retain out of such holdback monies any sums required by law to satisfy any liens against the Work or other monetary claims against the Contractor and enforceable against the Owner and that the Contractor has submitted to the Owner a sworn statement that all accounts for labour, subcontracts, products, construction machinery and equip- ment and other indebtedness which may have been incurred by the Contractor in the Substantial Performance of the Work and for which the Owner might in any way be held responsible have been paid in full except holdback monies properly retained. 14.5 Where legislation permits and where, upon application by the Contractor, the Consultant has certified that the work of a Subcontractor has been totally performed to his satisfaction prior to the Substantial Per- formance of the Work, the Owner shall pay the Contractor the holdback retained for such Subcontractor on the day following the expiration of the statutory limitation period for such Subcontractor stipulated in the lien legislation applicable to the Place of the Work. 14.6 Notwithstanding the provisions of paragraph 14.5 and notwithstanding the wording of such certificates the Contractor shall ensure that such work is protected pending the Total Performance of the Work and be responsible for the correction of defects in it regardless of whether or not they were apparent when such certificates were issued. 14.7 The Consultant will, no later than ten (10) days after the receipt of an application from the Contractor for payment upon Total Performance of the Work, make an inspection and assessment of the Work to verify the validity of the application. The Consultant will, no later than seven (7) days after his inspection, notify the Contractor of his approval or the reasons for his disapproval of the application. When the Consultant finds that Total Performance of the Work has been reached he will issue a certificate of Total Performance of the Work and certify for payment the remaining monies due to the Contractor under the Contract less holdback monies which are required to be retained. The date of Total Performance of the Work shall be as stated in this certificate. Subject to the provisions of GC 18 - WORKERS' COMPENSATION INSURANCE, paragraph 18.1 the Owner shall, no later than fifteen 115) days after the issuance of such certificate, make payment to the Contractor in accordance with the provisions of Article A-4 - PAY- MENT. 14.8 The release of the remaining holdback monies shall become due and payable on the day following the expiration of the statutory limitation period stipulated in the lien legislation applicable to the Place of the Work, or where such legislation does not exist or apply in accordance with such other legislation, industry practice or such other provisions which may be agreed to between the parties, providing that the Owner may retain out of such holdback monies any sums required by law to satisfy any liens against the Work or other monetary claims against the Contractor and enforceable against the Owner and that the Contractor has submitted to the Owner a sworn statement that all accounts for labour, subcontracts, products, construction machinery and equipment and other indebtedness which may have been incurred by the Contractor in the Total Performance of the Work and for which the Owner might in any way be held responsible have been paid in full except holdback monies properly retained. 14.9 If because of climatic or other conditions reasonably beyond the control of the Contractor there are items of work that cannot be performed, payment in full for work which has been performed as certified by the Consultant shall not be withheld or delayed by the Owner on account thereof, but the Owner may withhold until the remaining work is finished only such monies as the Consultant determines are sufficient and reasonable to cover the cost of performing such remaining work and to adequately protect the Owner from claims. I I I I I I I I I I I I I I I I I I 18 eeDe 4 - 1982 File 0072ll I I 14.10 I 14.11 I 14.12 I I I I I I 14.13 I 14.14 I I I GC15 15.1 15.2 I 15.3 I I GC16 16.1 16.2 I I 16.3 I No payment made by the Owner under this Contract or partial or entire use or occupancy of the Work by the Owner shall constitute an acceptance of work or products which are not in accordance with the re- quirements of the Contract Documants. All certificates issued by the Consultant shall be to the best of his knowledge, information and belief. By issuing any certificate the Consultant does not guarantee the correctness or completeness of the Work. As of the date of Total Performance of the Work, as set out in the certificate of Total Performance of the Work, the Owner expressly waives and releases the Contractor from all claims against the Contractor including without limitation those that might arise from the negligence or breach of contract by the Contractor except one or more of the following: lal those made in writing prior to the date of Total Performance of the Work and still unsettled; lb) those arising from the provisions of GC 19 - INDEMNIFICATION or GC 24 - WARRANTY; In the Common Law provinces GC 14. 121c) shall read as follows: lc) those made in writing within a pariod of six years from the date of Substantial Performance of the Work, as set out in the certificate of Substantial Performance of the Work, or within such shorter period as may be prescribed by any limitation statute of the province or territory of the Place of the Work and arising from any liability of the Contractor for damages resulting from his performance of the Contract with respect to substantial defects or deficiencies in the Work for which the Contractor is proven responsible. As used herein "substantial defects or deficiencies" means those defects or daficiencies in the Work which affect the Work to such an extent or in such manner that a significant part or the whole of the Work is unfit for the purpose intended by the Contract Documents. In the Province of Quebec GC 14. 121c) shall read as follows: lcl those arising under the provisions of Article 1688 of the Civil Code. As of the date of Total Performance of the Work, as set out in the certificate of Total Performance of the Work, the Contractor expressly waives and releases the Owner from all claims against the Owner including without limitation those that might arise from the negligence or breach of contract by the Owner except those made in writing prior to the Contractor's application for payment upon Total Performance of the Work and still unsettled. Notwithstanding GC 1 - DOCUMENTS, paragraph 1.6, in the event of conflict between the provisions of this General Condition and Article A-S - RIGHTS AND REMEDIES paragraph (a) or GC 22 - DAMAGES AND MUTUAL RESPONSIBILITY, the provisions of this General Condition shall govern. TAXES AND DUTIES Unless otherwise stated in Supplementary Conditions the Contractor shall pay the government sales taxes, customs duties and excise taxes with respect to the Contract. Where an exemption or recovery of government sales taxes, customs duties or excise taxes is applicable to the Contract, the procedure shall be as established in the Supplementary Conditions. Any increase or decrease in costs to the Contractor due to changes in such taxes and duties after the date of the tender shall increase or decrease the Contract Price accordingly. LAWS, NOTICES, PERMITS AND FEES The laws of the Place of the Work shall govern the Work. The Contractor shall obtain the permits, licences and certificates and pay the fees required for the performance of the Work which are in force at the date of tender closing, but this shall not include the obtaining of permanent easements or rights of servitude. The Contractor shall give the required notices and comply with the laws, ordinances, rules, regulations, codes and orders of the authorities having jurisdiction which are or become in force during the performance of the Work and which relate to the Work, to the preservation of the public health, and to construction safety. CCDC4 - 1982 File 00720 19 16.4 16.5 GC17 17.1 17.2 I The Contractor shall not be responsible for verifying that the Contract Documents are in compliance with the applicable laws, ordinances, rules, regulations and codes relating to the Work. If the Contract Documents are at variance therewith, or changes which require modification to the Contract Documents are made to the laws, ordinances, rules, regulations and codes by the authorities having jurisdiction subse- quent to the date of tender closing, the Contractor shall notify the Consultant in writing requesting direc- tion immediately such variance or change becomes known to him. The Consultant will make the changes required to the Contract Documents in accordance with GC 11 - CHANGES IN THE WORK AND EXTRA WORK and the value of the changes shall be determined in accordance with GC 12 - VALUA- TION AND CERTIFICATION OF CHANGES IN THE WORK. I I I If the Contractor fails to notify the Consultant in writing and obtain his direction as required in paragraph 16.4 and performs work knowing it to be contrary to any laws, ordinances, rules, regulations, codes and orders of the authorities having jurisdiction, the Contractor shall be responsible for and shall correct the violations thereof and shall bear the costs, expense and damages attributable to his failure to comply with the provisions of such laws, ordinances, rules, regulations, codes and orders. I I PATENT FEES The Contractor shall pay the royalties and patent licence fees required for the performance of the Contract. He shall hold the Owner harmless from and against claims, demands, losses, costs, damages, actions, suits, or proceedings arising out of the Contractor's performance of the Contract which are attributable to an infringement or an alleged infringement of a patent of invention by the Contractor or anyone for whose acts he may be liable. The Owner shall hold the Contractor harmless against claims, demands, losses, costs, damages, actions, suits, or proceedings arising out of the Contractor's performance of the Contract which are attributable to an infringement or an alleged infringement of a patent of invention in executing anything for the purpose of the Contract, the model, plan or design of which was supplied to the Contractor as part of the Contract Documents. I I I GC 18 WORKERS' COMPENSATION INSURANCE 18.1 Prior to commencing the Work and prior to receiving payment on Substantial and Total Performance of the Work, the Contractor shall provide evidence of compliance with the requirements of the province or territory of the Place of the Work with respect to workers' compensation insurance including payments due thereunder. 18.2 At any time during the term of the Contract, when requested by the Owner, the Contractor shall provide such evidence of compliance by himself and his Subcontractors. GC 19 INDEMNIFICATION 19.1 The Contractor shall indemnify and hold harmless the Owner and the Consultant, their agents and employees from and against claims, demands, losses, costs, damages, actions, suits or proceedings by third parties that arise out of, or are attributable to, the Contractor's performance of the Contract (hereinafter called "claims"), provided such claims are: lal attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible pro- perty,and (b) caused by negligent acts or omissions of the Contractor or anyone for whose acts he may be liable, and (c) made in writing within a period of six years from the date of Substantial Performance of the Work, as set out in the certificate of Substantial Performance of the Work, or within such shorter period as may be prescribed by any limitation statute of the province or territory of the Place of the Work. The Owner expressly waives the right to indemnity for claims other than those stated above. 19.2 The obligation of the Contractor to indemnify hereunder shall be limited to one million dollars per occurrence from the commencement of the Work until Substantial Performance of the Work and thereafter to an aggregate limit of one million dollars. 19.3 The Owner shall indemnify al'!d hold harmless the Contractor, his agents and employees from and against claims, demands, losses, costs, damages, actions, suits, or proceedings arising out of the Contractor's performance of the Contract which' are attributable to a lack of or defect in title or an alleged lack of or defect in title to the Place of the Work. 19.4 Notwithstanding GC 1 - DOCUMENTS paragraph 1.6, in the event of conflict between the provisions of this General Condition and Article A-5 - RIGHTS AND REMEDIES paragraph (al or GC 22 - DAMAGES AND MUTUAL RESPONSIBILITY, the provisions of this General Condition shall govem. I I I I I I I I I 20 CCDC4 - ll1B2 FlleOO72ll I I I I I I I I I I I I I I I I I I I I GC 20 INSURANCE 20.1 Without restricting the generality of GC 19 - INDEMNIFICATIDN, the Contractor shall provide, maintain and pay for the insurance coverages listed in this General Condition unless otherwise stipulated: (al General Liability Insurance: General liability insurance shall be in the joint names of the Contractor, the Owner, and the Consultant with limits of not less than one million dollars inclusive per occurrence for bodily injury, death, and damage to property including loss of use thereof, with a property damage deductible of five hundred dollars. The form of this insurance shall be the latest edition of CCDC Form 101 and shall be main- tained continuously from commencement of the Work until twelve 112) months following the date of Substantial Performance of the Work, as set out in the certificate of Substantial Performance of the Work, or until the certificate of Total Performance of the Work is issued, whichever is the later, and with respect to completed operations coverage for a period of not less than twenty-four 124) months from the date of Total Performance of the Work, as set out in the certificate of Total Performance of Work, and thereafter to be maintained for a further period of four 141 years. Should the Contractor decide not to employ Subcontractors for operations requiring the use of explosives for blasting, or pile driving or caisson work, or removal or weakening of support of property, building or land; CCDC Form 101 as required shall include Endorsement CCDC Form 101-2. (b) Automobile Liability Insurance: Automobile liability insurance in respect of licensed vehicles shall have limits of not less than one million dollars inclusive per occurrence for bodily injury, death, and damage to property, in the follow. ing forms endorsed to provide the Owner with not less than fifteen (15) days written notice in advance of any cancellation, change or amendment restricting coverage: 111 Standard non-owned automobile pOlicy including standard contractual liability endorsement. 12) Standard owner's form automobile policy providing third party liability and accident benefits insurance and covering licensed vehicles owned or operated by or on behalf of the Contractor. Ie) Aircraft and Watercraft Liability Insurance: Aircraft and watercraft liability insurance with respect to owned or non-owned aircraft and watercraft if used directly or indirectly in the performance of the Work, including use of additional premises, shall be subject to limits of not less than one million dollars inclusive per occurrence for bodily injury, death, and damage to property including loss of use thereof and limits of not less than one million dollars for aircraft passenger hazard. Such insurance shall be in a form acceptable to the Owner. The policies shall be endorsed to provide the Owner with not less than fifteen (15) days written notice in advance of cancellation, change or amendment restricting coverage. (d) Property and Boiler Insurance: (1) All risks property insurance shall be in the joint names of the Contractor, the Owner and the Con- sultant, insuring not less than the sum of the amount of the Estimated Contract Price and the full value, as stated in the Supplementary Conditions, of products that are specified to be provided by the Owner for incorporation into the Work, with a deductibie not exceeding one percent of the amount insured at the site of the Work. The form of this insurance shall be the latest edition of CCDC Form 201 and shall be maintained continuously until ten (10) days after the date of Total Performance of the Work, as set out in the certificate of Total Performance of the Work. 12) Boiler insurance insuring the interests of the Contractor, the Owner and the Consultant for not less than the replacement value of boilers and pressure vessels forming part of the Work. The form of this insurance shall be the latest edition of CCDC Form 301 and shall be maintained con- tinuously from commencement of use or operation of the property insured and until ten 110) days after the date of Total Performance of the Work, as set out in the certificate of Total Performance of the Work. 131 Should the Owner wish to use or occupy part or all of the Work he shall give thirty (30) days writ- ten notice to the Contractor of the intended purpose and extent of such use or occupancy. Prior to such use or occupancy the Contractor shall notify the Owner in writing of the additional premium cost, if any, to maintain property and boiler insurance, which shall be at the Owner's expense. If because of such use or occupancy the Contractor is unable to provide coverage, the Owner upon written notice from the Contractor and prior to such use or occupancy shall provide, maintain and pay for property and boiler insurance insuring the full value of the Work, as in subparagraphs (1) and (2), in CCDC Forms 201 and 301, including coverage for such use or occupancy and shall provide the Contractor with proof of such insurance. The Contractor shall refund to the Owner the unearned premiums appiicable to the Contractor's polices upon termina- tion of coverage. CCDC4 -1982 File 00720 21 (41 The policies shall provide that, in the event of a loss or damage, payment shall be made to the Owner and the Contractor as their respective interests may appear. The Contractor shall act on behalf of the Owner and himself for the purpose of adjusting the amount of such loss or damage payment with the Insurers. When the extent of the loss or damage is determined the Contractor shall proceed to restore the Work. Loss or damage shall not affect the rights and obligations of either party under tne Contract except that the Contractor shall be entitled to such reasonable extension of Contract Time relative to the extent of the loss or damage as the Consultant may decide in consultation with the Contractor. 151 Payment for loss or damage: The Contractor shall be entitled to receive from the Owner, in addition to the amount due under the Contract, the amount at which the Owner's interest in restoration of the Work has been appraised, such amount to be paid as the restoration of the Work proceeds and in accordance with the requirements of GC 13 - APPLICATIONS FOR PAYMENT and GC 14 - CER- TIFICATES AND PAYMENTS. In addition the Contractor shall be entitled to receive from the, payments made by the Insurer the amount of the Contractor's interest in the restoration of the Work. (6) The Contractor shall be responsible for deductible amounts under the policies except where such amounts may be excluded from the Contractor's responsibility by the terms of GC 21 - PROTECTION OF WORK AND PROPERTY and GC 22 - DAMAGES AND MUTUAL RESPONSIBILITY. (71 In the event of loss or damage to the Work arising from the work or act of an Other Contractor, the Owner, in accordance with his obligations under GC 9 - OTHER CONTRACTORS, paragraph 9.2, shall pay the Contractor the cost of restoring the Work as the restoration of the Work proceeds and in accordance with the requirements of GC 13 - APPLICATIONS FOR PAY- MENT and GC 14 - CERTIFICATES AND PAYMENTS. Ii I I I I I I I 20.2 lei Contractors' Equipment Insurance: All risks contractors' equipment insurance covering construction machinery and equipment used by the Contractor for the performance of the Work, including boiler insurance on temporary boilers and pressure vessels, shall be in a form acceptable to the Owner and shall not allow subrogation claims by the Insurer against the Owner. The policies shall be endorsed to provide the Owner with not less than fifteen 1151 days written notice in advance of cancellation, change or amendment restricting coverage. Subject to satisfactory proof of financial capability by the Contractor for self-insurance of his equipment, the Owner agrees to waive the equipment insurance requirement. Unless specified otherwise the duration of each insurance policy shall be from the date of commencement of the Work until the date of Total Performance of the Work, as set out in the certificate of. Total Performance of the Work. The Contractor shall provide the Owner with proof of insurance prior to commencement of the Work and shall promptly provide the Owner with a certified true copy of each insurance policy exclusive of informa- tion pertaining to premium or premium bases used by the Insurer to determine the cost of the insurance. If the Contractor fails to provide or maintain insurance as required in this General Condition or elsewhere in the Contract Documents, then the Owner shall have the right to provide and maintain such insurance and give evidence thereof to the Contractor and the Consultant. The cost thereof shall be payable by the Con- tractor to the Owner on demand or the Owner may deduct the costs thereof from monies which are due or may become due to the Contractor. I I I 20.3 I I 20.4 I GC 21 PROTECTION OF WORK AND PROPERTY 21.1 The Contractor shall protect the Work and the Owner's property and property adjacent to the Place of the Work from damage and shall be responsible for damage which may arise as the result of his operations under the Contract except damage which occurs as the result of: lal errors in the Contract Documents; Ib) acts or omissions by the Owner, the Consultant, Other Contractors, their agents and employees. 21.2 Should the Contractor in the performance of this Contract damage the Work, the Owner's property or property adjacent to the Place of the Work, the Contractor shall be responsible for the making good of such damage at his expense. 21.3 Should damage occur to the Work or Owner's property for which the Contractor is not responsible as provided in paragraph 21.1 he shall make good such damage to the Work and if the Owner SO directs to the Owner's property and the Contract Price and Contract Time shall be adjusted in accordance with GC 11 - CHANGES IN THE WORK AND EXTRA WORK and the value of the changes shall be determined in accordance with GC 12 -VALUATION AND CERTIFICATION OF CHANGES IN THE WORK. I I I I 22 eeDe 4 - 1982 File 00720 I I I I I I I I I I I I I I I I I I I I GC 22 DAMAGES AND MUTUAL RESPONSIBILITY 22.1 If either party to this Contract should suffer damage in any manner because of any wrongful act or neglect 'of the other party or of anyone for whom he is responsible in law, then he shall be reimbursed by the other party for such damage. The party reimbursing the other party shall be subrogated to the rights of the other party in respect of such wrongful act or neglect if it be that of a third party. 22.2 Claims under this General Condition shall be made in writing to the party liable within reasonable time after the first observance of such damage and may be adjusted by agreement or in the manner set out in GC 7 - DISPUTES. 22.3 If the Contractor has caused damage to an Other Contractor on the Work, the Contractor agrees upon due notice to settle with such Other Contractor by agreement or arbitration, if he will so settle. If such Other Contractor sues the Owner on account of damage alleged to have been so sustained, the Owner shall notify the Contractor and may require the Con'tractor to defend the action at the Contractor's expense. If a final order or judgment against the Owner arises therefrom the Contractor shall payor satisfy it and pay the costs incurred by the Owner. 22.4 If the Contractor becomes liable to payor satisfy a final order, judgment or award against the Owner then the Contractor, upon undertaking to indemnify the Owner against any and all liability for costs, shall have the right to appeal in the name of the Owner such final order or judgment to any and all courts of compe- tent jurisdiction. GC23 23.1 23.2 BONDS The Contractor shall promptly provide to the Owner the surety bonds called for in the tender documents. Such bonds shall be issued by a duly licensed surety company authorized to transact a business of suretyship in the province or territory of the Place of the Work and shall be maintained in good standing until the fulfillment of the Contract. The form of such bonds shall be in accordance with the latest edition of the CCDC approved bond forms. GC24 WARRANTY 24.1 The Contractor shall be responsible for the proper performance of the Work only to the extent that the design and specifications permit such performance. 24.2 Subject to paragraph 24.1 the Contractor agrees to correct promptly, at his own expense, defects or deficiencies in the Work which appear prior to and during the period of one year from the date of Substan- tial Performance of the Work, as set out in the certificate of Substantial Performance of the Work, or such longer periods as may be specified for certain products or work. 24.3 During the period provided in GC 3 - CONSULT ANT, paragraph 3.2, the Consultant shall promptiy give the Contractor written notice of observed defects and deficiencies. 24.4 The Contractor agrees to correct or pay for damage resulting from corrections made under the requirements of paragraph 24.2. GC25 25.1 CONTRACTOR'S RESPONSIBILITIES AND CONTROL OF THE WORK The Contractor shall have complete control of the Work and shall effectively direct and supervise the Work so as to ensure conformance with the Contract Documents. He shall be solely responsible for construction means, methods, techniques, sequences and procedures and for co-ordinating the various parts of the Work under the Contract. The Contractor shall be solely responsible for construction safety at the Place of the Work and for compliance with the rules, regulations and practices required by the applicable construction safety legisia- tion. The Contractor shall have the sole responsibility for the design, erection, operation, maintenance and removal of temporary structural and other temporary facilities and the design and execution of construc- tion methods required in their use. The Contractor shall engage and pay for registered professional engineering personnel skilled in the appropriate disciplines to perform these functions where required by law or by the Contract Documents and in all cases where such temporary facilities and their method of construction are of such a nature that professional engineering skill is required to produce safe and satisfactory results. Notwithstanding the provisions of paragraphs 25.1 and 25.3, or provisions to the contrary elsewhere in the Contract Documents where such Contract Documents include designs for temporary structural and other temporary facilities or specify a method of construction in whole or in part, such facilities and methods shall be considered to be part of the design of the Work and the Contractor shall not be held responsible for that part of the design or the specified method of construction. The Contractor shall, however, be responsible for the execution of such design or specified method of construction in the same manner that he is responsible for the execution of the Work. 25.2 25.3 25.4 eeDe 4 - 1982 Rle 00720 23 25.5 The Contractor shall review the Contract Documents and shall promptly report to the Consultant any error, inconsistency or omission he may discover. Such review by the Contractor shall be to the best of his knowledge, information and belief and in making such review the Contractor does not assume any respon- sibility to the Owner or the Consultant for the accuracy of the review, The Contractor shall not be liable for damage or costs resulting from such errors, inconsistencies or omissions in the Contract Documents which he did not discover. If the Contractor does discover any error, inconsistency or omission in the Contract Documents he shall not proceed with the work affected until he has received corrected or mis- sing information from the Consultant. 25.6 The Contractor shall prepare and update as required a construction schedule indicating the timing of the major activities of the Work. The schedule shall be designed to ensure conformance with the required Contract Time. The schedule shall be submitted to the Owner and the Consultant for their information within a reasonable time from the date of Contract award. The Contractor shall monitor the progress of the Work relative to the schedule and advise the Consultant of any revisions required as the result of delays as provided in GC 4 - DELAYS, indicating the results expected from the resultant change in schedule. I I I I GC26 SUPERINTENDENCE 26.1 The Contractor shall employ a competent supervisor and necessary assistants who shall be in attendance at the Place of the Work while work is being performed. 26.2 The supervisor shall be satisfactory to the Consultant and shall not be changed except for good reason and only then after consultation with the Consultant. 26.3 The supervisor shall represent the Contractor at the Place of the Work and instructions given to him by the Consultant shall be held to have been given to the Contractor. Important instructions shall be confirmed to the Contractor in writing;' other instructions shall be so confirmed if requested. I I I I I GC Xl LABOUR AND PRODUCTS 27.1 Unless otherwise stipulated elsewhere in the Contract Documents, the Contractor shall provide and pay for labour, products, tools, construction machinery and equipment, water, heat, light, power, transporta- tion and other facilities and services necessary for the performance of the Work in accordance with the Contract. 27.2 Products provided shall be new unless otherwise specified in the Contract Documents. Products which are not specified shall be of a quality best suited to the purpose required and their use subject to the approval of the Consultant. 27.3 The Contractor shall maintain good order and discipline among his employees engaged on the Work and shall not employ on the Work anyone not skilled in the task assigned to him. I I GC 26 SUBSURFACE CONDITIONS 28.1 The Contractor shall promptly notify the Consultant in writing if in his opinion the subsurface conditions at the Place of the Work differ materially from those indicated in the Contract Documents, or a reasonable assumption of probable conditions based thereon. 28.2 After prompt investigation, should the Consultant determine that conditions do differ materially, he will issue appropriate instructions for changes in the Work in accordance with GC 11 - CHANGES IN THE WORK AND EXTRA WORK, and the value of the changes shall be determined in accordance with GC 12 - VALUATION AND CERTIFICATION OF CHANGES IN THE WORK. I I I I I GC 29 USE OF THE WORK 29.1 The Contractor shall confine his apparatus, the storage of products, and the operations of his employees to limits indicated by laws, ordinances, permits or the Contract Documents and shall not unreasonably encumber the premises with his products. 29.2 The Contractor shall not load or permit to be loaded any part of the Work with a weight or force that will endanger the safety of the Work. I I 24 eeDe 4 - 1982 FUeOO720 I I I I I I I I I I I I I I I I I I I I GC 30 CLEANUP AND FINAL CLEANING OF THE WORK 30.1 The Contractor shall maintain the Work in a tidy condition and free from the accumulation of waste products and debris, other than that caused by the Owner, Other Contractors or their employees. 30.2 Upon attaining Substantial Performance of the Work, the Contractor shall remove his surplus products, tools, construction machinery and equipment not required for the performance of the remaining work. He shall also remove waste products and debris other than that caused by the Owner, Other Conlractors or their employees, and leave the Work clean and suitable for occupancy by the Owner unless otherwise specified. 30.3 Total Performance of the Work shall not be attained until the Contractor has removed his surplus products, tools, construction machinery and equipment. He shall also have removed waste products and debris, other than that caused by the Owner, Other Contractors or their employees. GC31 CUTTING AND REMEDIAL WORK 31.1 The Contractor shall do the cutting and remedial work required to make the several parts of the Work come together properiy. The Contractor shall co-ordinate the Work to ensure that this requirement is kept to a minimum. Should the Owner, the Consultant, Other Contractors or anyone employed by them be responsible for ill-timed work necessitating cutting or remedial work to be performed, the cost of such cutting or remedial work shall be valued as provided in GC 12 - VALUATION AND CERTIFICATION OF CHANGES IN THE WORK. 31.2 31.3 31.4 Cutting and remedial werk shall be performed by specialists familiar with the materials affected and shall be performed in a manner to neither damage nor endanger the Work. GC32 INSPECTION OF THE WORK 32.1 The Owner and the Consultant or their authorized agents or representatives shall at all times have access to the Work. If parts of the Work are in preparation at locations other than the Place of the Work, the Owner and the Consultant or their authorized agents or representatives shall be given access to such work whenever it is in progress. 32.2 If work is designated for spe~ial tests, inspections or approvals in the Contract Documents, or by the Consultant's instructions, or the laws or ordinances of the Place of the Work, the Contractor shall give the Consultant timely notice requesting inspection. Inspection by the Consultant shall be made promptly. The Contractor shall arrange for inspections by other authorities and shall give the Consultant timely notice of the date and time. 32.3 If the Contractor covers or permits to be covered work that has been designated for special tests, inspections or approvals before such special tests, inspections or approvals are made, given or completed, he shall, if so directed, uncover such work, have the inspections or tests satisfactorily completed and make good such work at his own expense. 32.4 The Consultant may order any part or parts of the Work to be specially examined should he believe that such work is not in accordance with the requirements of the Contract Documents. If, upon examination such work be found not in accordance with the requirements of the Contract Documents, the Contractor shall correct such work and pay the cost of examination and correction. If such work be found in accordance with the requirements of the Contract Documents, the Owner shall pay the cost of examina- tion and replacement. 32.5 The Contractor shall furnish promptly to the Consultant two 121 copies of certificates and inspection reports relating to the Work. GC33 REJECTED WORK 33.1 Defective work, whether the result of poor workmanship, use of defective products, or damage through carelessness or other act or omission of the Contractor and whether incorporated in the Work or not, which has been rejected by the Consultant as failing to conform to the Contract Documents shall be removed promptly from the Place of the Work by the Contractor and replaced or re-executed promptly in accordance with the Contract Documents at the Contractor's expense. 33.2 Other Contractors' work destroyed or damaged by such removals or replacements shall be made good promptly at the Contractor's expense. 33.3 If in the opinion of the Consultant it is not expedient to correct defective work or work not performed in accordance with the Contract Documents, the Owner may deduct from the monies otherwise due to the Contractor the difference in value between the work as performed and that called for by the Contract Documents, the amount of which will be determined in the first Instance by the Consultant. eeDe 4 - 1982 File 00720 25 I GC 34 SHOP DRAWINGS 34.1 The term "shop drawings" means drawings, diagrams, illustrations, schedules, performance charts, brochures and other data which are to be provided by the Contractor to illustrate details of a portion of the Work. 34.2 The Contractor shall arrange for the preparation of clearly identified shop drawings as called for by the Contract Documents or as the Consultant may reasonably request. 34.3 Prior to submission to the Consultant the Contractor shall review all shop drawings. By this review the Contractor represents that he has determined and verified all field measurements, field construction criteria, materials, catalogue numbers and similar data or will do so and that he hes checked and co- ordinated each shop drawing with the requirements of the Work and of the Contract Documents. The Contractor's review of each shop drawing shall be indicated by stamp, date, and signature of a responsible person. 34.4 The Contractor shall submit shop drawings to the Consultant for his review with reasonable promptness and in orderly sequence so as to cause no delay in the Work or in the work of Other Contractors. If either the Contractor or the Consultant so requests they shall jointly prepare a schedule fixing the dates for sub- mission and return of shop drawings. Shop drawings shall be submitted in the form of reproducible transparencies or prints as the Consul tent may direct. At the time of submission the Contractor shall notify the Consultant in writing of any deviations in the shop drawings from the requirements of the Contract Documents . 34.5 The Consultant will review and return shop drawings in accordance with any schedule agreed upon, or otherwise with reasonable promptness so as to cause no delay. The Consultant's review will be for conformity to the design .concept and for general arrangement only and such review shall not relieve the Contractor of responsibility for errors or omissions in the shop drawings or of responsibility for meeting all requirements of the Contract Documents unless a deviation on the shop drawings has been approved in writing by the Consultant. 34.6 The Contractor shall make any changes in shop drawings which the Consultant may require consistent with the Contract Documents and resubmit unless otherwise directed by the Cons~::ant. When resubmit- ting, the Contractor shall notify the Consultant in writing of any revisions other than those requested by the Consultant. I I I I I I I I I GC35 35.1 CASH ALLOWANCES The Estimated Contract Price includes cash allowances stated in the Contract Documents and itemized in the Schedule of Contract Unit Prices. Cash allowances, unless otherwise specified, cover the net cost to the Contractor of services, products, construction machinery and equipment, freight, unloading, handling, storage, installation and other authorized expenses incurred in performing the work stipulated under the cash allowances. The Contract Unit Prices, and not the cash allowances, include the Contractor's overhead and profit in connection with such cash allowances. Where costs under a cash allowance exceed the amount of the allowance, the Contractor shall be compensated for any excess incurred and substantiated plus an allowance for overhead and profit as set out in the Contract Documents. The Estimated Contract Price shall be adjusted by written order to provide for any excess or deficit to each cash allowance. Progress payments on account of work authorized under cash allowances shall be included in the Consultant's monthly certificates for payment. A schedule shall be prepared jointly by the Consultant and Contractor to show when items called for under cash allowances must be authorized by the Consultant for ordering purposes so that the progress of the Work will not be delayed. I 35.2 I I 35.3 35.4 35.5 I 35.6 I 35.7 I GC 36 CONTINGENCY ALLOWANCE 36.1 The Estimated Contract Price includes the contingency allowance, if any, steted in the Contract Documents and itemized in the Schedule of Contract Unit Prices. 36.2 Expenditures under the contingency allowance shall be authorized in accordance with GC 11 - CHANGES IN THE WORK AND EXTRA WORK, and the value shall be determined in accordance with GC 12 - VALUATION AND CERTIFICATION OF CHANGES IN THE WORK. I I 26 CCDe 4 - 1!112 File 0IJ720 I I Page 26 of 44 Tender CL 2004-33 I THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE PEARCE FARM PARK I SCHEDULE (D) I TENDER FORM Sealed Tenders for goods and/or services listed below, submitted on the fanTIS and in the envelope provided, will be received by the office of the Clerk, Corporation of the Municit:'ality ofCJarington, 40 Temperance St., Bowmanville. Ontario, LIe 3A6. until the closing time and date indicated hereon. I CLOSING TIME AND DATE (Local Time): 2:00:00 P.M. Ooeal time), DATE: Wednesday September 1, 2004 Mobilize: September 1004 Start Construction: September 2004 Substantial Completion: June 2005 Tender No: C12004-33 I REFJPURCHASINGMANAGER: Lou Ann Birkett..................... _........... _..... Phone (90S) 623-3379 Date: August J 6, 2004 I Tenders are invited for the following goods/services and/or projectS specified herein and associated documents. plans and specifications. Complete in full, all blanks where provided and return one copyand/or set in the envelope provided. Bid deposits and/or agreement to bond. if required, must accompany tender submission under same cover and envelope. All tenders must comply in accordance with regulations, terms and conditions setforth in all tender documents. Successful tenders must accept tenns and conditions of subsequent official purchase order issued by the Corporation of the Municipality of Claringum unless otherwise stipulated. The lowest or any tender not necessarily accepted. Tenders must comply and conform to all regulations. terms conditions and instructions specified in By-law #94-t29 of the Corporation of the Municipality of Clarington. I I J:TEM DESC1U:PTJ:ON BS'r= llHJ:T llHJ:T BX'rBNDBD PRJ:CB gUANTJ:TY PRJ:CE Prices tendered shall be payable in Canadian Funds, F.O.B. destination, unless otherwise indicated. Ontario Retail Sales tax and the Federal Goods and Services Tax, If applicable, shall be quoted as a separate item. IfINe hereby agree to supply all necessary labour, materials, equipment, preparation and supervision to complete this contract, as per all terms, conditions and specifications set forth herein for the prices bid as follows: 1. ROUGH GRADING-CUT AND FILL FIXED APPROXIMATE QUANTITY OF CUT 644 CU. M. APPROXIMATE QUANTITY OF FILL FEE ;z"1l.~.4I? 26,742 CU. M. SUPPLY FROM DEVELOPER'S STOCKPILE. 2. TOPSOIL AND FINE GRADING (OBTAIN FIXED REQUIRED TOPSOIL FROM DEVELOPER'S "2.7,~.~ STOCKPILE (AREA 18,531 SQ M) FEE 3. SUPPLY AND INSTALIL SOD AREAS AS PER 18,531 SQM z..t.'3 DRAWING L-3. ~, 7~6. tp3 4. SUPPLY AND INSTALL ASPHALT 360 SQM WALKWAYS AS PER DRAWINGS L-1, L-2 2."I,c;.tI jo, &~~ . 4<- AND OETAIL L3I9. 5. SUPPLY AND INSTALL STREET PRINT 236 SQM rf.~ ASPHALT SURFACE AS PER DRAWINGS L-1, L-2 AND DETAIL L7/9. l~. 7&z.- 6. SUPPLY AND INSTALL BENCHES BY 4 EACH DUMOR. MODEL 131-60PL DETAIL L2110 ~1C;.'b1 10, ~00.4f, 7. SUPPLY AND INSTALL BENCHES FROM 2 EACH It}qo. # ~,q~.4<> DUMOR MODEL 132-60PL DETAIL L3/10 ./ I I I I I ./ I I ~ I - I ,./ I I I I I I I I I I I I I I I I I I I I Page 27 of 44 Tender CL 2004-33 ITEM DESCRIPTION ESTIMATED UNIT UNIT PRICE EXTENDED PRICE QUANTITY 8. SUPPLY AND INSTALL CONCRETE PADS 8 EACH ~~. (,tf- -:?,t'l3g. ~ FOR BENCHES . 9. SUPPLY AND INSTALL DUMOR TRASH 3 EACH C;flll . ~17 RECEPTACLES MODEL 85-22PL AS PER ('1"10.* DETAIL L4I10. 10. SUPPLY AND INSTALL CONCRETE PADS 3 EACH FOR WASTE RECEPTACLES. 411.~~ I :2.I?~. 44 11. SUPPLY AND INSTALL ONE (1) 1 EACH CATCHBASIN MANHOLE TO MUNICIPALITY ~.1~ ~o.q~ OF CLARINGTON'S STANDARD AND APPROVAL. COMPLETE. 12. SUPPLY AND INSTALL A LOCKABLE VANDAL PROOF AREA DRAIN AS PER 2"34( .10 ~'.'lo VORTEX FOR SKILL COURT MODEL 1 EACH V02-401.001. SUPPLY SHOP ORAWING FOR APPROVAL. 13. SUPPLY AND INSTALL RIGID 150 mm 174 L.M. "3~.~::Z ~I*.~ STORM SEWER PVC PIPE WITH CLASS B BEDDING. 14. SUPPLY AND INSTALL RIGID 100. BIG '0' 39 L.M. l~.~ DRAINAGE TILE AS PER DETAIL L6I9. 117.11.. 15. SUPPLY AND INSTALL WEEPING TILE IN 106 L.M. PLAY AREAS AS PER DETAIL L5/9. ~.~ ~fP'3. % 16. SUPPLY AND INSTALL PARK SHELTER AS PER DETAIL DRAWINGS L-11 AND L.12. 4-6lue. ~ COMPLETE. PROVIDE SHOP DRAWINGS 1 LUMP AND OBTAIN ALL PERMITS, BUILDING ETC. SUM 17. RELOCATE PARK SIGNAGE AS PER 1 LUMP DRAWING. SUM q,?fP. ~6 1ll. Mill TI .c::KII I r.nll~T 180. SUPPLY AND INSTALL ASPHALT SURFACE 538 SQM Z1.t;<f {l?/ttq.4-Z AS PER DETAIL L6I8. COMPLETE. 18b. LINE PAINTING OF SKILL COURT AS PER LUMP DETAIL L218. SUM 1.1~. U, 18c. SUPPLY AND INSTALL BASKETBALL 2 EACH ~,~."Io BACKBOARD AND POSTS AS PER DETAIL ~.I~."1t.. L7/8. 18d. SUPPLY AND INSTALL EXTENDED 36 L.M. r;1, q'Zr.?~b CONCRETE CURB AS Pf;R DETAIL L3/8. 164-. (/?;? THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE PEARCE FARM PARK - ,/ ,/ ./ ,/ .,/ ./ .--- ./ ..- .,/ / ./ I I I I Page 28 of 44 Tender CL 2004-33 ITEM DESCRIPTION ESTIMATED UNIT UNIT PRICE EXTENDED PRICE QUANTITY 19. SUPPLY AND INSTALL PLAY AREA 490 SQM ItI,~~ . qo WASHED CONCRETE SAND AS PER DETAIL Z,.1/ L419. I 20. SUPPLY AND INSTALL PLAY AREA 120 L.M. loti. ~ CONCRETE CURB AS 'ER DETAIL L419. 12-, e>?of - I 21. SUPPLY AND INSTALL JUNIOR PLAY 1 LUMP STRUCTURE KC40700 4 BY BELAIR SUM 1(P,~Z6. 07 RECREATION (COMPL :TE) I 22. SUPPLY AND INSTALL -OT SWINGS 5-38 1 LUMP BY BELAIR RECREAT; ,~(COMPLETE) SUM 1,~:z2 .11 1123. SUPPLY AND INSTALL :ACE CAR DOUBLE 1 LUMP SPRING RIDER MODE 75019100 BY SUM 1t.~"1. "'4 BELAIR RECREATION :OMPLETE). I 24. SUPPLY AND INSTALL ENIOR PLAY' ,1 LUMP STRUCTURE KC4070 5 BY BElAIR SUM 11, '3~. ~ RECREATION (COMP' TE). 25. SUPPLY AND INSTAL' EL T SWINGS S-38 1 LUMP I BY BELAIR RECREAT ,'oj (COMPLETE). SUM 14-0'1.02 .zJ;. 1=1 ~r.TJ::U~AI I 26a. SUPPLY AND INSTAL 201240V JUMBO 1 LUMP METER BASE AND 01 ;ONNECTION SUM 1?~~.~ SWITCH PER DETAIL '/7. PROVIDE I ELECTRICAL ENGINE < STAMP AND OBTAI N ALL APPRO\, S. 26b. SUPPLY AND INSTAL :;ONNECTlON TO 1 LUMP [110. ~c;? I POWER SUPPLY AT' ;ISTING HYDRO SUM TRANSFORMER. LIGHTING FIXTURES 26c. SUPPLY AND INSTAL AND POLES COMPLF 'E WITH ALL 4~".a.q ~1~( . "% I HOOKUPS TO ELEc- {ICAL CODE. 2 EACH 26d. SUPPLY AND INST At _ ALL ELECTRICAL LUMP I LINESIHOOKUPS TC _IGHTING FIXTURES. SUM 1~~0.10 POLES, PARK SHEL' :RAND SPLASH PAD TO ELECTRICAL CO E. I 2Z. r.nMPA~~ J:'F=ATII~F 27a. SUPPLY AND INSTA:_L CONCRETE PAD AS 11 SQM Z~7. '2t:; 'U/~' "1/?7 PER DETAIL L4/8, L4/14. I 27b. SUPPLY AND INSTALL EPDM RUBBERIZED 11 SOM SURFACE TREATMENT AS PER DETAIL 11'2..4D \~4>. 1'0 L4/8. L4/14. I .zJ;. PI ANTINr.; 28a. ACER PLATANOIDES DEBORAH 5 50mm ~\- 1h?'7 - CAL THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE PEARCE FARM PARK --- ./' ./ ./ ./ ,/ I I I I I I I I I I I I I I I I I I I I Page 29 of 44 Tender CL 2004-33 ITEM DESCRIPTION ESTlMA TED UNIT UNIT PRICE EXTENDED PRICE QUANTITY 28b. ACER RUB RUM 10 50mm ~e. '?oBo- CAL. 28c. ACER SACCHARUM 9 50mm CAL. ~e> ";2.11~' 28d. FRAXINUS PENNSYLVANICA LANCEOLATA 11 50mm CAL. U~ 2,qu, , 28e. GLEOITSIA TRIACANTHOS SHADEMASTER 7 50mm CAL. ZCjg -z<:;; L? / ' 28f. PRUNUS VIRGINIANA SHUBERT 13 50mm CAL '2.1':1J ~'7~' 2ag. TIUA FLAVESCENS GLENLEVEN 12 50mm 2'1~ CAL. -:?01(P , 28h. PICEA GLAUCA 9 1500 mm UJ& 1011.- HGT. 28i. PICEA PUN GENS 11 1500 mm ZZ~ ";2.G()fJ - HGT. 28j. PINUS NIGRA 6 1500 '241 mm 1#:2. ' HGT. 28k. SPIRAEA BUMALDA 'ANTHONY WATERER' 28 500 ~4 mm {oq:;z. - 281. SPIREA BUMALDA 'GOLD FLAME' 26 500 mm ~ (014- 28m. HEMERCALLlS STELLA D'ORO 24 C1 ~I t?c..t ' 2ll. WATl=~ PI 6.V 45;!1J:A 29.. SUPPLY AND INSTALL CONCRETE PAD 176 SQM lOI,07 11, 'bit . ~c COMPLETE WITH POLYPROPYLENE FIBERSIWATERPROOF EXPANSION JOINTS ANO SAWCUTS AS PER DETAIL L4/14. 29b. SUPPLY AND INSTALL EPDM RUBBERIZED 176 SQM SURFACE TREATMENT AS PER DETAILS Ii.z. . 4-0 IqI1~~ . 40 L4114 AND L5I14. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE PEARCE FARM PARK -' - ..-' ..-' ~ -' -' ~ ..-' ../ v v' ./ ./ I I I I I I I I I I I I I I I I I I I Page 30 of 44 Tender CL 2004-33 ITEM DESCRIPTION ESTIMATED UNIT UNIT PRICE EXTENDED PRICE QUANTITY 29c. SUPPLY AND INSTALL VORTEX 1 LUMP EQUIPMENT VAULT VOR-0907.0000R1 FOR SUM VORTEX CONTROLLER MODEL VOR- ~lloo. 4C 0710.0000R1 COMPLETE WITH ALL PLUMBING PARTS ACCESSORIES AND POWER. INCLUDE ALL PARTS REQUIRED IN EQUIPMENT VAULT CHAMBER COMPLETE HOOK UP TO WATER SUPPLY AND POWER SUPPLY TO CODE. OBTAIN ALL PLUMBING AND BUILDING PERMITS (DRAWINGS L-13, L-14). 29d. SUPPLY AND INSTALL BROOKLIN CONCRETE PRECAST VAULT COMPLETE AS PER DRAWINGS L-13 AND L-14 INCLUDING ALL PLUMBING. ASSOCIATED 1 LUMP ~.~G PARTS. ACCESSORIES AND POWER. SUM INCLUDE ALL PARTS IN PRECAST CHAMBER AND HOOKUP TO WATER SUPPLY TO CODE. OBTAIN ALL PLUMBING AND BUIUDING PERMITS. 2ge. SUPPLY AND INSTALL R.P. BACKFLOW PRE\7ENTOR AS REQUIRED BY Zt:j-Z1. l~ MUNICIPALITY OF CLARINGTON PLUMBING 1 LUMP INSPECTOR. SUM 291. PAY FOR REGION OF DURHAM TO SUPPLY 1 LUMP tP AND INSTALIL WATER METER. SUM 29g. SUPPLY AND INSTALL 50 mm COPPER LINE 56 L.M. TO EXISTING WATER SOURCE COMPLETE. LtD. ttf> ;].214 . ~ 29h. SUPPLY AND INSTALL BUCKET TRIO VOR- l ~,"l~t.11 "2t1. "1"1 ~. 11 0103.KLMN COMPLETE AS PER VORTEX. 29i. SUPPLY AND INSTALL GROUNO GEYSERS 3 EACH VOR-Q30l.0000Rl COMPLETE AS PER 111~.ql l?~. 1~ VORTEX. 29j. SUPPLY AND INSTALIL PALM TREE VOR- l EACH D509.0000R1 COMPLETE AS PER VORTEX. t1.l!'/1 t? . J.2- ;:;11 fqll7.:;2.~ 29k. SUPPLY AND INSTALL WHALE VOR- l EACH 41.'f1tp.~ 41, r::riC? . ot;. 0522.0000 COMPLETE AS PER VORTEX. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE PEARCE FARM PARK ./ ,/ I I I I I I I I I I I I I I I I I I I Page 31 of 44 Tender C L 2004-33 ITEM DESCRIPTION ESTIMATED UNIT UNIT PRICE EXTENDED PRICE QUANTITY 291. SUPPLY AND INSTALL MAGIC TOUCH 1 EACH -p,1~ . '?p 1~1v-. ,:?6> BOLLARD VOR-D71 D.DDDDR1 COMPLETE AS PER VORTEX. 29m. SUPPLY AND INSTALL LOCKABLENANDAL 1 EACH "'Z~1.o1 2'?J~.07 PROOF AREA ORAIN FOR SPLASH PAD COMPLETE AS PER J.R. SMITH. MODEL 233DY-SS-3M. SUPPLY SHOP DRAWING. 30. UI~r:1=11 ANFnll~' LUMP SUM ~ PLEASE SPECIFY: SUBTOTAL $ 1(,~,'?~.~ P.S.T. to be included in above price G.S.T. EXTRA $ ~.0-q.# TOTAL BID PRICE $ 61~,gI1.~J j GUARANTEED DELIVERY OR COMPLETION 1LJWV4' CASH DISCOUNT d!Y DATE UPON RECEIPT OF OFFICIAL ORDER.......................... AND TERMS.................................................... ORIGIN OF GOODS: Ot-l1"~o ~/oJ;.o.t- . GOODS TO BE SHIPPED ~t-U.OA CITY & COUNTRY ........................................1................. FROM CITY & COUNTRY..qt'I.:......I........... THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE PEARCE FARM PARK 01 The undersigned. tenderer agrees to supply and deliver all goods and/or services for prices (5) tendered to the Corporation of the Municipality of Clarington in accordance with all terms, specifications and conditions specified herein. ~TIf~ &~It-JCf Gil7. tz:\" ~~; V.p. FIRM NAME: (Tendered). ADDRESS: 2.1 ~~ yte. ~LEl oN lPH ~ TELEPHONE NUMBER: a AO.....A.. .I~.~.q~ <1Olp . ~. t1M0 DATE FAX NUMBER: ~GPr. I~I ~ I I I I I I I I I I I I I I THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE PEARCE FARM PARK Page 32 of 44 Tender CL 2004-33 TENDER SUBMISSION We hereby offer to furnish all materials, and labour, including all prime costs, allowances and government Sales or other taxes (including Goods and Services Tax and Provisional Sales Tax), permits and fees, all as necessary for the proper installation and completion of all aspects of the entire project, for the sum of: TOTAL TENDER PRICE (includingG.S.T.) ~~ ~~ f ~ ~<~~ 01M~1.~-~_ ~J1co In submitting this Tender, we recognize that the Owner does not bind himself to accept the lowest or any Tender and reserves the right to reject any or all tender submissions. Upon receiving notification of Contract Award, we agree to: A) commence work by date indicated, weather and site conditions permitting B) substantially complete all work in accordance with construction schedule C) made every effort to abide by the Owner's requirements for completion of work and to complete the work in an orderly and efficient manner, without undue delays D) execute the Owner's standard form of Contract and General conditions thereto E) furnish a Performance Bond of 100% of the work ($ 1, at our expense for the project execution of the specified work, the said bonds to be issued by a Canadian company satisfactory to the Owner. Submitted by Principal or Owner of Firm: \?oet;fOr ~~I-.(~ V.p. Naml?~s~____ Sign'ture / :- I Corporate Seal I I I I I I I I I I I I I I I I I I I I I I I THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE PEARCE FARM PARK Page 33 of 44 Tender CL 2004-33 NAME OF BIDDER: RUTHERFORD CONTRACTING LTD TEL 905 BBB 9444 fAX 905 BBB 9445 PROVISIONAL ITEMS: UWE the Undersigned have inserted below all separate, itemized and provisional prices requested. The prices of provisional items may be taken into consideration in the award of the tender. Provisional items mayor may not be included in the contract award, whichever is in the best interest of the Municipality. Such Provisional Works and amounts are NOT included in our total bid price. ITEM DESCRIPTION ESTIMATED UNIT UNIT PRICE EXTENDED PRICE QUANTITY 1. PROVISIONAL FEE FOR GRADING OF FIXED PARKING LOT AND ASPHALT WALKWAYS FEE ~4~.~ AS PER DRAWINGS L-1a ANO L-2a IN UEU OF TOPSOIL, FINE GRADE AND SOD. 2. PROVISIONAL SUPPLY AND INSTALL 164 L.M. PARKING LOT CURBS AS PER DRAWINGS 107. 'Zi; Iq,1~.~:Z L-1a, L-2a AND DETAIL L 119. 3. PROVISIONAL SUPPLY ANO INSTALL 944 SQM PARKING LOT ASPHALT AS PER L#.io 4"?, 140. ~ DRAWINGS L-1a, L-2a AND DETAIL L219. 4. PROVISIONAL SUPPLY AND INSTALL 309 SQM ~.~t? ASPHALT WALKWAY AS PER DRAWINGS 6,~~t .~ L-1a. L-2a AND DETAIL L3/9. 5. PROVISIONAL TO SUPPLY AND INSTALL 11 EACH STREET PRINT ASPHALT SURFACE AS PER (/(,.eq l-t.1C,. ~0 DRAWINGS L-1a, L-2a AND DETAIL L7/9. 6. PROVISIONAL SUPPLY AND INSTALL 1 EACH 74-~, ge DUMOR TRASH RECEPTACLE MODEL 85- Z4~e,.~ 22PL AS PER DETAIL L4/10. 7. PROVISIONAL SUPPLY AND INSTALL CONCRETE PAD FOR WASTE 1 EACH 4~1.% #(,'16 RECEPTACLE. 8. PROVISIONAL SUPPLY AND INSTALL 4 EACH :2of ( . olS BOLLARDS AS PER DETAIL L1/10. g,'bf .'?Z 9. PROVISIONAL SUPPLY AND INSTALL 8 EACH STONE PIERS AS PER DETAIL L5I10. 4~&1. Ca ~,1;1-Z . 'Z-f COMPLETE. 10. PROVISIONAL SUPPLY AND INSTALL 4 EACH ~l?1.~ MASONRY PIERS ON PARK SHELTER AS lq.~.l~ PER DETAIL L6/10 IN LIEU OF ARTFORM BASES. I I I I I I I I I I I I I I I I I I I Page 34 of 44 Tender CL 2004-33 ITEM DESCRIPTION ESTIMATED UNIT UNIT PRICE EXTENDED PRICE QUANTITY 11. PROVISIONAL SUPPLY AND INSTALIL 11 LUMP ~tt1. M- 0/11~. e4 ARMOUR STONE CHUNKS AS PER DETAIL SUM L5I8. 12. PROVISIONAL SUPPLY AND INSTALIL 1.2m 200 L.M. liE? (, HIGH FARM FENCE. %1'2.-- THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE PEARCE FARM PARK Signature: ~ Date: Name and Title: V.I:? . I I I We the undersigned propose to use the following Subcontractor(s) for the work indicated: I I I I I I I I I THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE PEARCE FARM PARK Page 35 of 44 Tender CL 2004-33 The following work will be executed Under a Subcontract Name of Subcontractor eue,c..T)2.lCbv ~~"'~~ .I-~"'-VI" P.s.v1 N:::!o, I?d<~~ . ~~ f'lZiJ-l1 !.Au l.;fl~u., LoNblZ€t0 flZi~-re; ~~ ~~ vrrl!"..&.t:= US~ . If the Bidder is an individual Firm Name Owner and Official Address I If Bidder is a Par1nership Firm Name I Official Address I Name of all Parties I If Bidder is a Corporation I CorporateName_I:Zur~&a2F-~ Ct7NT~TIf'-!:Sr L-117. Address :2.1 ~j20ICo~. ~~Lft( aJ L..oH I~. I City and Province in which Incorporated a.rrA.~ . I I I I THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE PEARCE FARM PARK Page 36 of 44 Tender CL 2004-33 I Name, addresses, and title of Offices Authorized to sign contract: I ,4.. ~IZ- 6l..c.u-l~. ~ll%I-.If . ~T 4-~~, V1ec..'~ltVJT I I I I I I I I I I I I I I U k1laU~r&>1-I Hf~. ~. ~J?dU. . I~ ~H'rd-J W. tJ~T . I I I I ADDENDUM NOTES I I I I I I I I Having examined the drawing numbers as indicated on the bid sheet, Instruction to Bidders, and forms attached thereto, the general conditions, the specifications, inclusive and all addenda and drawings issued during the period numbered and dated as follows: I Addendum No.1, I Addendum No. dated I Addendum No. dated dated Addendum No. I Addendum No. dated To: Page 38 of 44 Tender CL 2004-33 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE PEARCE FARM PARK Re: Pearce Fann Park Name: ~I-I~~ e'oNTI?,.&cfI\.6r L-TO. Address: 2.1 t1'~ l:?-. ~lbi aJ q,,1? ea? - ~ LA+ 1&0 . Telephone: Date: ~. I~, <?a4' Clerks Office Corporation of the Municipality of Clarington 40 Temperance Street Bowmanville, Ontario LIC 3A6 Telephone: Fax: (905) 623-3379 (905) 623-4169 dated ~.~o. ~ I All as prepared by JVF Consultants (1998) Inc., Landscape Architects, for the construction of: PEARCE FARM PARK I I . . . I . . . I . . . Page 39 of 44 Tender CL 2004-33 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE PEARCE FARM PARK INFORMATION SHEET RTnnF,R'~ RFFFRF,NCRS Year '2.boS Description of Contract -$U~I iZ-I~0 P.L~, V~H.J.~ Name of Organization LlJ..lI1'W e.s.~(.e,POIJ-j1 ~!-l I~. Contact Person <!otJ~.4-IT' e.,~t:.?~ "1t~/-J - KI~ t?,,!.fZ,i rOo Telephone Number 4o'G 41/Q . v<q'20 Value of Contract 41oZ,,~ - Year I Description of Contract ~t I Name of Organization Contact Person . Telephone Number I Value of Contract lU-tz.\I1J,. pp.~, HI#I~~'&~ . 111-1:.- c!-1 r-q 6'F- 1-1 f~/~U6t,L . ~Ter.A.!..l ~~LP.s. N~lLA Gjol? g,Q0 . ~1 <It> 106, ao- I Please provide detail as to bidder's financial responsibility, (banker, etc.), references, auditor's name and address, etc., . '64w-6f' ~'" ~IA. i-<l"1U> Y.&>N~ 4{- kJ~' a,,~T: JIM ~UlO ..AVIV.... I~LJJ1'.U.leE- Co. !7J..fo t(o~e,4'f' i~#I.fl,a:t., ~ ~ ~. f.t..l.!.A %1~.::1L06 . ~LI~ 912lFfIfl-(4, ~. ~i2AN0j.j.6.M: IN~e&.~ \:0 ItWt-l C6/-.I1~ ~t? ~. I (!ojJT~' UNt:/^ -l-U./-Jtz( . I I I I I I I I I I I I I I I I I I I I A-2958 04101 . AVIVA AGREEMENT TO PERFORMANCE AND LABOUR & MATERIAL PAYMENT BOND BOND NO.: 83-1632-0141-04 NAME OF OWNER: THE CORPORATION OF THE MUNICIPALITY OF CLARlNGTON DESCRIPTION OF PROJECT: PEARCE FARM PARK CONSTRUCTION CONTRACT NO. CL2004-33 NOTWITIISTANDING ANY CONDITIONS set out in the specifications or contract to the contrary, it is further understood and agreed that if this bid is successful and the contract awarded, the performance bond will cover a one (1) year warranty on materials and workmanship from the date of Substantial Performance of the contract. We, the undersigned, hereby agree to become bound as surety for RUTHERFORD CONTRACTING LTD. (name of tenderer) in a Performance Bond in the sum of 100% of the contract amount, and a Labour and Material Payment Bond in the sum of 100% of the contract amount, and conforming to the Instruments of Contract for the full and due performance of the works shown and described herein, if the tender attached hereto is accepted by the owner, and the bond is requested within 30 days from the date of acceptance of the tender. This Agreement to Bond shall be null and void unless an application for the said bond(s) is made within 30 days following the award of the contract. Signed, sealed and dated this 20th day of August 2004. AVIVA INSURANCE COMPANY OF CANADA ~dL~ ~{Seal} Linda Handy, Attoc -In-Fact GA2789 I I I I I I I I I I I I I I I I I I I 10/12/200& 10:12 FAX 9058889445 RUTIlEIU'ORD CONTRACTING ilII001/00l RUTHERFORD CONTRACTING LTD., 27 CARDlCO DRIVE, GORMLEY, ONTARIO lOH lGO TEL. (905) 888-9444 · FAX (90S) 888-9445 October 8th, 2004 Corporation of the MuDidpality of aarlDpD 40 TClIlperan~ Street Bowmanville, Ontario Lie 3A6 AtteDtiun: Mr. Peter Windolf ~analiler, Park Developmll'lJ,t Re; Pearce Farm Park Confirmation of Tender Details Dear SlT; Subsequent to our discussions this week with reglU"Cls to the above-noted projcct, I11"Y we cOIlJ:irm the loll owing: . Tender Item 1 _ "RQugh grading and earth cut and fill. .." may be deleted at its full value of $21 t .66').45 from our contract. provided that the fill ma.tcrial is compa~tcd and engio,)(:rod as per ~pecifications.. an~ is rough &reded to the proposed subgrade elevation within a tolerance or IOOmm, . T~ndcr Item ;27a _ "Compass feature concrete pad"; the Wlil price shown Should have been the tolal c.>:tended price. The revised unit price for this item is noW $2\5.20Im'. Alll1ther tcrrn~ aou conditions uflhe tender remain as is. I trust this information is adequate for your pUTpll~~S. Please call me if you hllve any questioos or require anything further. Si~1C' cst regards. I . I Rohert .:I~ph,,( "on, 'lLce-Prc~ldenl RUTI-ll'.RI'ORD CQNTRACTlNG LTD. ',I cc: JVF Consultlll1IS (199&) Inc. 90S. bgb' ife'l? CENERA, CONTRACTORS . SITE DEVElOPMENTS CST ,R124S8091 1 I I I I I I I I I I I I I I I I I I I JVFCONSULTANlS(~INC. LANDSCAPE ARCHITECTS 1895 Clements Road Unit 166 Pickering, Ontario LlW.3V5 Tele: (905) 686.2954 Fax: (905) 686-4843 E-mail: jvf98@Jvf98.on.ca Landscape Architecture Urban Design I Site Planning Recreational Hanning illustrative Graphics November 17, 2004 Mr. Robert Stephenson Rutherford Contracting Ltd. 27 Cardico Drive Gormley, Ontario. LOR lGO Dear Sir: Re: Contract No. CL2004-33. Construction of Pearce Farm Park Weare in the process of completing the contract documents as per the Municipalities requirements and require the items indicated below for insertion in the contract. I had faxed you earlier this month that we were going to courier your office the contracts for signing and that the required information required could be couriered back to us at that time. This has changed, to expedite the process, when we receive the necessary information below we will complete and bind the contract documents and forward them to Clarington. The Municipality will then contact your office regarding signing. The total tender amount for this project is $ 552,912.53 plus G.S.T. The following information is required: . Certificate of Clearance issued by the Workplace Safety and Insurance Board. . Performance and Labour and Material Payment Bonds each in the value of 100% of the total tender amount. . List of proposed subcontractors listing sublet items, (requires approval by the Municipality). . List of proposed material suppliers, (requires approval by the Municipality). . MEMBER OF: CANADIAN SOCIETY OF LANDSCAPE ARCHITECTS . ONTARIO ASSOCIATION OF LANDSCAPE ARCIllTECfS · I" (11\,111 \ \ f\i 11)%11\(" I \\I)"t \1'1 \IH 11111 (r..." - < -~ ~ < ^>.- ~ I I I I I I I I I I I I I I I I I I I Rutherford Contracting Ltd. November 17, 2004 . Name of Project Supervisor including a telephone number in the event of emergency after hours. . Construction Schedule. . Certificate of Insurance detailing your coverage and also naming Municipality of Clarington, the Regional Municipality of Durham, NF Consultants (1998) Inc. as additional insured. . Shop Drawings and permits as required during the construction process to be provided to Peter Windolf for review and approval.. Please courier the information back to our office at your earliest convenience. Please note that Peter Windolf of the Municipality of Clarington will be handling the contract administration for this project. If there are any questions please feel free to contact the undersigned. Best regards, JVF Consultants Inc. (1998) John Vieira a.A.L.A, C.S.L.A. Landscape Architect. MEMBER OF: CANADIAN SOCIETY OF LANDSCAPE ARClllTEcrs . ONTARIO ASSOCIATION OF LANDSCAPE ARClllTEcrs . IlllO\\lII\\I\dINSd\l.1 I \ \1)\( \1'1 \R( 11111 ( I... ~ ~~. ".._~- ~~-= ~~ -~ ~,- <^= ~ I WSIB Workplace Safety & __ Insurancello.ra 200 FRONT~.STREET WEST CSPMT Co~ondela~re TORONTO ONTARIO professlOnnelle et de 1 assurance ' contrelesacddentsdutravail M5V 3Jl (416) 344-1012 I I I I I I I I I I I I I I I I I I Clearance Certificate Certificat de decharge CONTRACTOR L 'ENTREPRENEUR The Workplace Safety and Insurance Board (WSIB) hereby waives Its rights under Section 141 of the Workplace Safety and Insurance Act to hold the Principal, that is in a contractual agreement with the Contractor named, liable for any Section 141 liability of the Contractor for premiums and levies of the WSIB owing now or within 60 days from the date of this Certificate RUTHERFORD CONTRACTING LTD 27 CARDICO DR GORMLEY ON LOH IGD Par la presente, la Commission de la securite professionneile et I'assurance contre les accidents du travail (CSPAAT) renonce aux droits qui lui sont conter.s en vertu de I'erticle 141 de la Loi sur la securit6professionnelle at I' assurance contre les accidents du travail et qui I'autorisent a tenir j'entrepreneur principal, qui a signa une entente contractuelle avec I'entrepreneur dont Ie nom figuresur Ie present certifieat, responsable du paiement de tout prime ou de touts somma que I'entrepreneur est tenu de verser a la CSPAA T immediatement ou dans les 60 jours suivant la date indiquee sur cs certifieat. THIS CERTIFICATE IS VALID FOR ALL CONTRACTS OF THE NAMED CONTRACTOR DURING THE EFFECTIVE PERIOD LE PRESENT CERTIFICAT EST VALIDE POUR TOUS LES CONTRATS PASSES PAR LEDIT ENTREPRENEUR PENDANT LA PERIODE D 'APPLICATION DU CERTIFICAT Valid ~ when signed by an authorized Officer of the WSIB. Non vatfdesans la signature d'un agent autorise de 18 CSPAAT. :,~~t!WSI~;:;'=~~~~~:;~':?~~$;(~~~: ,c.)..,.~.=-...:::.1i"].~"''''>''< ,:'t,'~~i~lcs'~ddc:ats,.du~'":..-,>,'~',",~ EffeCtNe1:J8te_'kQ8re,-d~int~en~lfigueur,::' (:"',' ;"::'~:~:;~"~,;~~:;;~~;/r~;~~,~:;c.'~'>;;;<::;{f~!~'?';;:~~f;~[;~':(,;;::;'::;,,::i~.,f: t;if:i.I:;~~~.$5>Y~;$,g,g~3j~sJ::::;::; Account No. I NO de compte Firm No. I N- d'entreprise 6481817 200795HN Rate I raux Description Rate { Taux Description 4021099 INDUSTRIAL CONSTRU 4129002 PARK GROUNDS Contract Description I Description du canrrat Cenificate No. I NO de certific81 201977453 M Contact the WSIB if you question the validity of this document. VeU/llez Communiquer avec /a CSPAA T si vous doutez de la val/dite du presenr document. 0190e 107/991 I I I I I I I I I I I I I I I I I I I Standard Construction Document PERFORMANCE BOND CCDC 221 - 2002 No. 15076-04 Bond Amount $591,616.41 RUTHERFORD CONTRACTING LTD. as Principal, hereinafter called the Principal, and AVIV A INSURANCE COMPANY OF CANADA a corporation created and existing under the laws of Canada and duly authorized to transact the business of Suretyship in all Provinces and Territories in Canada as Surety, hereinafter called the Surety, are held and t1rmly bound unto CORPORATION OF THE MUNICIPALITY OF CLARINGTON as Obligee, hereinafter called the Obligee, in the amount of FIVE HUNDRED AND NINETY ONE THOUSAND, SIX HUNDRED SIXTEEN Dollars FORTY ONE Cents ($591,616.41) lawful money of Canada, for the payment of which sum the Principal and the Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally. WHEREAS, the Principal has entered into a written contract with the Obligee, dated 28th day of October, in the year 2004. for CONSTRUCTION OF PEARCE FARM PARK CONTRACT NO. CL2004-33 hereinafter referred to as the Contract. The condition ofthis obligation is such that if the Principal shall promptly and faithfully perform the Contract then this obligation shall be null and void; othelwise it shall remain in full force and effect. Whenever the Principal shall be, and declared by the Obligee to be, in default under the Contract, the Obligee having performed the Obligee's obligations thereunder, the Surety shall promptly: I) remedy the default. or: 2) camplete the Contract in accordance with its tenns and conditions or; 3) obtain a bid or bids for submissian to the Obligee for completing the Contract in accordance with its- tenns and conditions and upon determination by the Obligee and the Surety of the lowest responsible bidder, arrange for a contract between such bidder and the Obligee and make available as work progresses (even though there should be a default, or a succession of defaults, under the contract or contracts of completion, arranged under this paragraph) sutlicient funds to pay to complete the Principal's obligations in accardance with the terms and conditions of the Contract and to pay those expenses incurred by the Obligee as a result of the Principal's default relating directly ta the performance of the work under the Contract. less the balance of the Contract price; but not exceeding the Bond Amount. The balance of the Contract price is the total amount payable by the Obligee to the Principal under the Contract, less the amount properly paid by the Obligee to the Principal, or; 4) pay the Obligee the lesser of( I) the Bond Amount or (2) the Obligee's proposed cost of completion, less the balance of Contract price. It is a condition of this bond that any suit or action must be commenced before the expiratian of two (2) years from the earlier of (1) the date of Substantial Perfoffilance of the Contract as defined in the lien legislation where the work under the Contract is taking place, or, if no such definition exists, the date when the work is ready for use or is being used for the purpose intended, or (2) the date on which the Principal is declared in default by the Obligee. The Surety shall not be liable tor a greater sum than the Bond Amount. No right of action shall accrue on this Bond, to or for the use of, any person or corporation other than the Obligee named hertin, or the heirs, executors, administrators or successors of the Obligee. IN WITNESS WHEREOF. the Principal and the Surety have Signed and Sealed this Bond dated 4th day of November in the year 2004. SIGNED and SEALED RUTHERFORD CONTRACTING LTD. in the presence of CGU2794 [S [S D [S Copyright 2002 Canadian Construction Documents Committee HAWKINS ICE-PRESIDENT A/ame of person signing A VIVA INSURAN ~ COMPANY OF CANADA '.. /Jvv~~ Sig ature Linda Handv Attornev-in-Fact Name a/person signing (CCDC 221- 2002 has been approved by the Surety Association of Canada) I I LABOUR & MATERIAL PAYMENT BOND (Trustee Form) Standard Construction Document eeDe 222 - 2002 I No. 15076-04 Bond Amonnt $ 591,616.41 I RUTHERFORD CONTRACTING LTD. as Principal, hereinafter called the Principal, and AVIV A INSURANCE COMPANY OF CANADA a corporation created and existing under the laws of Canada and duly authorized to transact the business of Suretyship in all Provinces and Territories In Canada as Surety, hereinafter called the Snrety, are held and firmly bound unto CORPORATION OF THE MUNICIPALITY OF CLARINGTON as Obligee. hereinafter called the Obligee, in the amount of FIVE HUNDRED AND NINETY ONE THOUSAND, SIX HUNDRED SIXTEEN Dollars FORTY ONE Cents ($591,616.41 lawful money of Canada, for the payment of which sum the Principal and the Surety bind themselves, their heirs, executors. administrators, successors and assigns. jointly and severally. I I I WHEREAS, the Principal has entered into a written contract with the Obligee, dated 28th day of October in the year 2004 for CONSTRUCTION OF PEARCE FARM PARK CONTRACT NO. CL2004-33 I in accordance with the Contract Documents submitted, and which are by reference made part hereof and are hereinafter referred to as the Contract. The Condition of this obligation is such that. if the Principal shall make payment to all Claimants for all labour and material used or reasonably required for use in the performance of the Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. subject, hawever. to the following conditions: I I. A Claimant tor the purpose of this Bond is defined as one having a direct contract with the Principal for labour, material, or both, used or reasonably required for use in the performance of the Contract, labour and material being construed to include that part of water, gas, power, light, heat. oil. gasoline, telephone service or rental equipment directly applicable to the Contract provided that a person, firm or corporation who rents equipment to the Principal to be used in the performance of the Contract under a contract which provides that all or any part of the rent is to be applied towards the purchase price thereof, shal! only be a Claimant to the extent of the prevailing industrial rental value of such equipment for the period during which the equipment was used in the performance of the Contract. The prevailing industrial rental value of equipment shall be determined. insofar as it is practical to do so, by the prevailing rates in the equipment marketplace in which the work is taking place. I I I 2. The Principal and the Surety, hereby jointly and severally agree with the Obligee. as Trustee, that every Claimant who has not been paid as provided for under the terms of its contract with the Principal, before the expiration of a period of ninety (90) days after the date on which the last of such Claimant's work or labour was done or perfonned or materials were furnished by such Claimant, may as a beneficiary of the trust herein provided for, sue on this Bond, prosecute the suit to final judgment for such sum or sums as may be justly due to such Claimant under the terms of its can tract with the Principal and have execution thereon. Provided that the Obligee is not obliged to do or take any act, action or proceeding against the Surety on behalf of the Claimants, or any of them, to entorce the provisions of this Bond. If any act, action or proceeding is taken either in the name of the Obligee or by joining the Obligee as a party to suchproceeding. then such act, action or proceeding, shaH be taken on the understanding and basis that the Claimants, or any of them, who take such act, action or proceeding shall indemnify and save harmless the Obligee against all costs. charges and expenses or liabilities incurred thereon and any loss or damage resulting to the Obligee by reason thereof. Provided still tllfther that. subject to the foregoing terms and conditions, the Claimants, or any of them may use the name of the Obligee to sue on and eniorce the provisions ofthis Bond. I I 3. It is a condition precedent to the liability of the Surety under this Bond that such Claimant shall have given written notice as hereinafter set forth to each of the Principal, the Surety and the Obligee, stating with substantial accuracy the amount claimed, and that such Claimant shall have brought suit or action ill accordance with this Bond, as set out in sub~clauses 3 (b) and 3 (c) below, Accordingly, no suit or action shall be commenced hereunder by any Claimant: I I a) unless sllch notice shall be served by mailing the same by registered mail to the Principal. the Surety and the Obligee, at any place where an office is regularly maintained for the transaction of business by such persons or served in any manner in which legal process may be served in the Province or Territory in which the subject matter of the Contract is located. Such notice shall be given. I I I I eeDe 222 - 2002 I I I i) in respect of any claim for the amount or any portion thereof. required to be held back from the Claimant by the Principal, under either the terms of the Clairnantls contract with the Principal, or under the lien Legislation applicable to the Claimant's contract with the Principal, whichever is the greater. within one hundred and twenty (120) days after such Claimant should have been paid in full under the Claimant's contract with the Principal; I ii) in respect of any claim other than for the holdback, or portion thereof, referred to above, within one hundred and twenty (120) days after the date upon which such Claimant did, or performed, the last of the work or labour or furnished the last of the materials for which such claim is made under the Claimant's contract with the Principal; I b) after the expiration of one (1) year following the date on which the Principal ceased work on the Contract, including work performed under the guarantees provided in the Contract; I c) other than in a Court of competent jurisdiction in the Province or Territory in which the work described in the Contract is to be installed or delivered as the case may be and not elsewhere, and the parties hereto agree to submit to the jurisdiction of such Court. 4. The Surety agrees not to take advantage of Article 2365 of the Civil Code of the Province of Quebec in the event that, by an act or an omission of a Claimant, the Surety can no longer be subrogated in the rights, hypothec and privileges of said Claimant. I 5. Any material change in the contract between the Principal and the Obligee shall not prejudice the rights or interest of any Claimant under this Bond, who is not instrumental in bringing about or has not caused such change. 16 The amount of this Bond shall be reduced by, and to the extent of any payment or payments made in good faith, and in accordance with the provisions hereof, inclusive of the payment by the Surety of claims made under the applicable lien legislation or legislation relating to legal hypothecs, whether or not such claim is presented under and against this Bond. I 7. The Surety shall not be liable for a greater sum than the Bond Amount. I IN WITNESS WHEREOF, the Principal and the Surety have Signed and Sealed this Bond dated 4th day of November in the year 2004. I SIGNED and SEALED RUTHERFORD CONTRACTING LTD. I in the presence of ~ Signature I RICHARD HAWKINS VICE.PRESIDENT Name of person signing I A VIVA INSURANCE COMPANY OF CANADA I .--.1 C7:MdC{ &~ S~namre" '~ I CGU2796 Linda Handv Attomev.in~fact Name of person signing I [S [S D [S . Copyright 2002 Canadian Construction Documents Cammittee (CCDC 222 - 2002 has been approved by the Surety Association of Canada) I I I I I I I I I I I I I I I I I I I I :; <( \,\>;<'" , "~\J',,~'<:'~"!,'~/ ~'0Y+:Y'f"?\\ ,;~':; -,' 't:'1>" ~\~"'<<':'" ;'-~j(''i-';;i'i-'''' .~\,,,%,\~->(,-,-- 41~8.947 ,',",- ., ,"" <_-' ','_' ,,<." -':'_~ "\,'.,i:-':/"',, ":':-.:<---,,< ,'- :, -.'-:.' ,',- _ ',_:;'::"':,:;(,'_,'_<: ~__:; ::",: _,~;---><'-;_:;_S;_':_:-:--, f _'_":_ _:':,_';f'> -'-'_., --> >_ ','-,>: ,_:::----':-:<",<->,-:_--~ ":'~' riot WlIJd .1UIl... it.is prinl.1l oI!B1.,UE ba.:~~~ with WQI.";"""',m t:lYeTSt. ' , ',,- ",-' -' '-", - ',' -' ,'-,oo-,,' - - _, - ,'_' <. "__c,'_'>,-,-,'_" "",,',' i.,_>,,: ,-?, iT,'-", :<'-A-';/~, - , . " .--<.,\-, -~> ,-",-",:,-".-, ,',',,', , '-< "'''-'''- - "" -' , ,'-" ,-," ,','- ',',,', :- GENERAL I'OWEROF ATrORNEY . '~That AVIYA INSuRANCECOMPANY OF CANADA, a Corporation having its principal office at 2206 ~glintOn Axenu,e East, Scarborough, Province ofOntilrio, Canaill!, does hereby constitute and appoint , -, - - y' . ,., "',' - ': '", :' ':'--\, ;, ., David F. Shaw, Linda Handy, Rod Finlayson, John Cook .or theCiiy o~ Markham in the Province of ontario its true and Iavvful attorney for thefolIOWingp. uq;oses: ',_' '_ _ .'", ,_ ",,--,t,,' ,,- '-." '- '" -,' '" ''',' .- '_ _ "_-__-~,--:: _ " ",>;'.-" _ _,' ",', _ _.,_.< _ '_ _'_ ,,-~,'_<:'_-- _ _ _ _' _ _, ::-:~-_-, ,_ ' ._".,', '--:--'<--_v:~:~:_:'-><~:,'::~-:-- . '1. to sign in its name as surety to, and to execute arid deliver, seal and acknawledgeany and all bonds; aild to .. execute in its name and deliver imy arid all contiacts~ulg the fidelity of persons holding'positioos of public or p'rivate ..truSl, guaranteeing the perfonnance of contracts other than insurance policies and executing or ~ing bonds and UD.dertakings, required or permitted in all actions or proceedings, or by law allowed and ".,'-<-' ','" - ',':-.;.',',,--)<.', '-\'--'..-' ',-'- >' - ,',:-'-.'-'-,',-<'-<",,' :: /. ,'" ., . , - - - -- -', .~>> _ " ,_',' _,u___~ _>_', "_,, __ '_' _ " ':, _ "_:,_ .- . . .Know iIlI PersOllS by These ~esents; . "-',- - -,,' - - - -' - .2: ... . tQ sign in its name, and to exec~ .;nd deliver, and to ~ the ronditions' of any and all bonds, . obligab.'bnS, stipulations or anything in the natwi of the s=e, which are or may be by law, municipal or otherwise, or by any StatuteS 6f c3nada, or of any of the several Provinces or Thrriioiies thereof, or by the ruies, regulations, orders, custOlns, praCti~ or discretion of any board; body, organization, office or officer, local, municipal or otherwise, ~ allowed, ~ or pennftted to be executed, made, taken, given,tendered, accepted, filed or recorded for the security or protection of, by o~ , for any person or persons, corporation, body, offiCe, inieresl, municipality or other association or O'1l"ni7.rion whatsoever in , . any and all capacities wh;ltsoever, conditioned for the dQulg 'or not doing of anything or any conditions wb,ich may be . . provided for in any SUch bOnd, obligation, stipulation or tindeitaIdng, or anything in the nature of either of the s=e. .,'; ,'<'" ,'.' , -c,_ ., , u '> u, - ',','_' '< ,'_ ",<,', '.':' '. - - ,. :-.. 'u" u',", ".',.,' David F. Shaw, Linda Handy, Rod Finlayson, John Cook . -. ,'-, .' .' ; : - ", - - . And the said AVIVA INS~NCE COMPANY OF CANADA, hereby ratifies and confirrnsall and whatsoever the said ' . may lawfully do in the premises by virtue of these presents. In Witness Whereof, the said AVIVA INSURANCE COMPANY OF CANADA has caused this instrument to be sealed with its corporate seal, and executed by its duly authorized officers this 1st day of October, 2003. AVIYA INSURANCE COMPANY OF CANADA {CORPORATE SEAL} tI~ By........................................................................ {gal Mayer - Premdent & CEO By........................................................................ Carol A. Berger - Senior Vice President & Corporate Secretary This POWER OF A TIORNEY may not be used to execute any bond with a signed and sealed date after December 31,2005. I UTHERFOR ~ CONTRACTING A RUTHERFORD CONTRACTING LTD., 27 CARDICO DRIVE, GORMLEY, ONTARIO LOH 1 GO TEL. (905) 888-9444 · FAX (905) 888-9445 I I I I I I I I I I I I I I I I I November 23M, 2004 JVF Consultants (1998) Inc. 1895 Clements Road, Unit 166 Pickering, Ontario L1 W 3V5 Attn: Mr. John Vieira Re: RCL Job #4650 - Pearce Farm Park Contract Documentation May we provide the following supplemental contract infonnation as requested in your fax dated November 17''',2004. Our anticipated subcontractors for this project as of this date.are as follows: Sod Vissers Nursery & Sod Farm Asphalt Paving Royalcrest Paving Street Print Asphalt Multiseal Stonnwater Servicing RCL Park Shelter R-Co Steel Fabricators Concrete paving Triplecrete Ltd. Play Equipment Belair Recreation Electrical Servicing Cobra Power EPDM Rubberized Surface Vitraflex Soft Landscape Works RCL Waterplayequipment Cobra Power Our proposed suppliers for this project as of this date are as follows: Benches, waste receptacles Dumor Lockable area drain J.R. Smith Precast Vault Brooklin Concrete Basketball equipment ABC Recreation Our company contacts are as follows: Project Manager: Mr. Richard Hawkins, Principal Office: (905) 888-9444 Auto Atten: (905) 888-9446 ext. 303 Fax: (905) 888-9445 e-mail: rhawkinsialrutherfordcontracting.com Cell: (416) 896-9451 After Hours: (905) 294-6416 Project Administrator: Lynn Moulds, B. Tech. Office: (905) 888-9444 Auto Atten: (905) 888-9444 ext.305 Fax: (905) 888-9445 e-mail: ImouldsUV.rutherfordcontracting.com Cell: (416) 737-4283 Continued.. .2 GENERAL CONTRACTORS . SITE DEVELOPMENTS GST fR124580911 I I I I I I I I -page2- As of this date, we anticipate to submit shop drawings for the Owner's review for the following components: Gazebo/park shelter Waterplayequipment Benches and waste receptacles Basketball Equipment Play equipment Electrical fixtures and servicing Precast Vault Soccer Equipment As well, we anticipate that a building permit will be required for the gazebo/park shelter, as well a plumbing permit to complete the stormwater servicing. At this time we are currently preparing our preliminary construction schedule, and will forward same as soon as possible; we trust that the provision of the balance of information is sufficient to permit the procurement of contract documents for execution. Please do not hesitate to contact our office should your require anything further or clarification ofthe enclosed. fJf ~ awkins RFORD CONTRACTING LTD. I I I I I I I I I I Icm/rh ~ncI. I I I I I I I I I I I I I I I I I I CG; v B THE CG&B GROUP INC. 120 South Town Centre Blvd., Markham, Ont. L6G 1 C3 CERTIFICATE OF INSURANCE This Certificate is issued as a matter of information only and confers no rights upon the certificate holder. This Certificate does not amend, extend or aiter the coverage afforded by the policies listed. INSURED: RUTHERFORD CONTRACTING LTD. 27 CARDICO DRIVE GORMLEY, ONTARIO LOH 1GO COVERAGE INSURER POLICY NO. POLICY TERM LIMITS OF LIABILITY COMMERCIAL GENERAL LOMBARD GENERAL CBP0872032 FEB. 1, 2004 TO $1,000,000. inclusive, bodily LIABILITY Including cross INSURANCE COMPANY FEB. 1, 2005 Injury and property damage liability & products & completed operations CORPORATION OF THE MUNICIPALITY OF CLARINGTON, JVF CONSUL TANTS (1998) INC.AND REGIONAL MUNICIPALITY OF DURHAM are added as Additional Insured's but only wtth respect to the operation of the Named Insured. RE: CONSTRUCTION OF PEARCE FARM PARK, CONTRACT NO. CL2004-33 AUTOMOBILE LIABILITY LOMBARD GENERAL CBP0872032 FEB. 1, 2004 TO $1,000,000. combined, _ OWNEDILONG TERM LEASED INSURANCE COMPANY FEB. 1, 2005 bodily injury and property damage Schedu Ie D Blanket !:8] NON-OWNED AUTO LOMBARD GENERAL CBP0872032 FEB. 1, 2004 TO $1,000,000. per occurrence INSURANCE COMPANY FEB. 1, 2005 COMMERCIAL LOMBARD GENERAL CBP0872032 FEB. 1, 2004 TO $2,000,000. each UMBRELLA LIABILITY INSURANCE COMPANY FEB. 1,2005 occurrence and in the aggregate This is to certify that the Policies of Insurance listed herein have been issued to the above Named Insured and are in force at this time. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this Certificate may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, conditions and exclusions of this Policy. Should these policies be cancelled before the expiration date thereof, the issuing company wiil mail 30 days written notice of cancellation to the below named Certificate holder. CERTIFICATE HOLDER: CORPORA TlON OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET BOWMANVILLE, ONTARIO L 1C 3AB shown above November 23, 20D4 Date I I Page 4 of 44 Tender CL 2004-33 THE CORPORATION OF THE MUNICIPALITY OF ClARlNGTON PURCHASING OFFICE PEARCE FARM PARK ISCHEDULE (A) IINSTRUCTIONS TO BIDDERS SCOPE OF WORK: IThe contractor shall provide a lump sum of all labour, equipment, materials, preparation and supervision necessary to complete the work described in the specifications, drawings and details. I INQUIRIES: IInqUiries concerning General Conditions shall be directed to: I Lou Ann Birkett, C.P.P., A.M.C.T. Purchasing Manager (905) 623-3379 . I Inquiries concerning Specifications shall be directed to: JOHN VIEIRA NF Consultants (1998) Inc. 1895 Clements Road, Unit 166 Pickering, ON LlW 3V5 I I I Telephone Fax No. (905) 686-2954 (905) 686-4843 No claim will be allowed for lack of description, conditions or facilities in this specification. I QUALITY AND WORKMANSHIP: I The worlananship and quality of materials and labour shall be first class in every respect, and will be subject to approval by the Director of Engineering or his designate. I TENDERED PRICES: I The lump sum price or prices quoted in the Tender Form shall include the furnishing of all materials, supplies and equipment and providing of all labour, construction tools and equipment, utility and transportation services necessary to perform and complete all the work required under the Contract, including all miscellaneous work, whether specifically included in the Contract Documents or not. It is the intention ofthe Drawings and Specifications to provide finished I work. Any items omitted there from which are clearly necessary for the completion of the work or its appurtenances shall be considered a portion of the work though not directly specified and/or shown or called for on the Drawings. I Prices shall remain firm for the duration of the contract. I I I Page 5 of 44 Tender CL 2004-33 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE PEARCE FARM PARK lCHEDULE (A) INSTRUCTIONS TO BIDDERS (continued): I RIGHT OF OWNER TO ACCEPT OR REJECT TENDERS: Irne Owner, The Corporation of the Municipality of Clarington, reserves the right to accept any tender submitted; the lowest or any tender need not necessarily be accepted and the Owner reserves the right to reject any or all tenders at his Isole discretion. OMISSIONS OR DISCREPANCIES: IShOUld the tenderer find discrepancies in, or omissions from, the drawings, specifications or other tender documents, or should he be in doubt as to their meaning, he shall notify the Consultant who may send a written instruction to all Itenderers. Verbal interpretations of such omissions or discrepancies will not be given. A WARD OF CONTRACT: IThe award ofthis contract is subject to the approval of the Owner. In the event that all Bids received exceed the Owner's budget for the project, the Owner shall negotiate changes in the Iscope of work as described by the drawings and specifications with the bidder submitting the lowest acceptable Bid Price. If the negotiations result in a Contract Price acceptable to both Parties, no further re-bidding of the project will be lundertaken, and the Contract shall be awarded at the negotiated price. Ifthe negotiations fail to produce a Contract Price acceptable to both Parties, or if, in the first instance, the changes I contemplated result in a value in excess of 15% and the Owner wishes competitive prices thereon, the Bid Documents will be amended and invitations to re-bid will be issued to the Bidders who submitted the three (3) lowest Bids on the original Bid call. Iwe further understand and agree that the subcontractors invited to re-Bid shall likewise be restricted to those who submitted the three (3) lowest acceptable prices in each Contractor's original Bid. IINTERPRETATIONS AND ADDENDA: INO oral interpretations shall be made to a tenderer as to the meaning of any of the contract documents, or be effective to modify any of the provISIons of the contract documents. Every request for an mterpretatIOn shall be made m wntmg, addressed and forwarded to the Consultant. The Consultant shall issue written Addenda to all bidders if any I interpretation is required. I I I I I I Page 6 of 44 Tender CL 2004-33 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE PEARCE FARM PARK ISCHEDULE (A) INSTRUCTIONS TO BIDDERS (continued): I IPRODUCTS: All products or materials specified or shown on the Drawings by brand name catalogue number and/or by the name of the Imanufacturer or supplier shall form the basis of the Tender. i) Base Tender Price on projects specified and/or shown on Drawings. I ii) All requests will include all required technical information, organized and presented in easily understandable format. I QUANTITIES ARE ESTIMATED: The quantities shown for unit price and lump sum items in the Tender Form are estimated only and are for the sole I purpose of indicating to tenderers the general magnitude of the work. For any work done or material supplied on a unit price basis, the Contractor will be paid for the actual measured quantities at the respective unit prices tendered. Measurements shall be taken in the field and transferred to as built drawings and area and volume calculations will be I generated this way. The Consultant has the right to increase or to reduce the quantities required or to suspend or omit any item or portion of I the work at any time, as he may deem advisable. The Contractor shall not be entitled to any compensation for loss of anticipated profit as a result of the deletion of any item or part of an item from the Tender Form. I PROOF OF ABILITY OF CONTRACTOR TO DO WORK: The Owner reserves the right to reject any tender where satisfactory evidence of sufficient capital, plant and experience I to successfully complete the work in the specified time, is not furnished by the Tenderer. I I I I I I I Page 7 of 44 Tender CL 2004-33 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE PEARCE FARM PARK ISCHEDULE (A) INSTRUCTIONS TO BIDDERS (continued): ISALES TAX: Any applicable Provincial Sales Tax to be included in the prices bid. The Federal Goods and Services Tax to be shown lextra where indicated on the pricing schedule. IPAYMENT AND QUANTITIES: Payments shall be made subject to the following: I PROGRESS PAYMENT: Iprogress Payment for 90% of value ofthe constructed works shall be made to the contractor within 30 days after receipt of the Contractor's claim for payment. Ipayments made hereunder, including final payment, shall not relieve the company from its obligations or liabilities under the contract. I 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. I The Municipality shall have the right to withhold from any sum otherwise payable to the company such amount as may be sufficient to remedy and defect or deficiency in the work, pending correction of the time. I HOLDBACK: The 10% Holdback shall be released as follows: I The Construction Lien Holdback (i.e. 10% of the value of work substantially completed les.s all approved claims) shall become payable without interest after 45 days from the Date of Substantial Performance Acceptance of the works. I THE CONSTRUCTION LIEN ACT: I Payments to the Contractor, holdbacks, and their release, and certificate of substantial performance and completion under this contract shall be in full compliance with the provisions of The Construction Lien Act, R.S.O., 1983. I The Contractor shall be deemed to have made due allowance for executing the requirements of the Act in his tender price. I I I I I Page 8 of 44 Tender CL 2004-33 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE PEARCE FARM PARK ISCHEDULE (A) INSTRUCTIONS TO BIDDERS (continued): IINSURANCE: I The successful contractor will indenmify and save harmless the Corporation of the Municipality of Clarington from all loss or the payment of the sums of money by reason of all accidents, injuries or damages to persons or property that may occur in connection therewith. I A certificate ofliability insurance (third party) must be provided to the Municipality of Clarington, in the amount of $3,000,000.00 (three million dollars) also naming the Municipality ofClarington and JVF Consultants (1998) Inc. as I additional insured. Any damages to any or all p~operties as a result of the work performed by the contractor, will be repaired at the expense I of the contractor to the satisfaction of the Director of Engineering or his delegate. I WORKPLACE SAFETY AND INSURANCE BOARD: The contractor shall maintain coverage and pay all assessments under applicable Workplace Safety and Insurance Board I (WSIB) legislation and regulations. A Certificate of Clearance to be submitted prior to commencement of contract and may be requested at any time during the contract. I COMMENCEMENT OF WORK: I The successful bidder will be required to commence work at the site within seven (7) calendar days of the official commencement date after receiving written instructions from the Municipality of Clarington that the work is to begin and the Contractor shall work continuously (weather permitting) until the work is completed within the time period specified by the I contract in the Tender Form. EXECUTION OF CONTRACT: I Tenders shall be open for acceptance for a period of 90 days after the closing date. After this time the tender may only be accepted with the consent of the successful Tenderer. I I I I I I I Page 9 of 44 Tender CL 2004-33 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE PEARCE FARM PARK ISCHEDULE (A) INSTRUCTIONS TO BIDDERS (continued): I BID / TENDER DEPOSIT: ~. Bid Deposit in the form of a certified cheque, bank draft shall accompany all tender submissions, money order or cash, payable to the Corporation of the Municipality ofClarington the amount specified in Ithe table below: . .., I $ I I INOTE: I I I SAFETY: , c- MINIMUM DEPOSlT REQUIRED $ 1,000.00 2,000.00 5,000.00 10,000.00 25,000.00 50,000.00 100,000.00 200 000.00 20,000.00 or less 20,000.01 to 50,000.00 50,000.01 to 100,000.00 100,000.01 to 250,000.00 250,000.01 to 500,000.00 500,000.01 to 1,000,000.00 1,000,000.D1 to 2,000,000.00 2000000.01 and over 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 the Municipality of Clarington shall retain until the successful bidder has executed the Contract. I 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 ofthe foregoing, the Contractor shall satisfy all statutory requirements imposed by the I 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. I SUB-CONTRACTING: I The whole or any part of the contract arising from this quotation may not be assigned without the written consent of the Director of Engineering or his designate. . I The tenderer shall give, in the tender documents Schedule 'D', the name and address of each proposed Subcontractor used in making up his tender, stating the portion of the work allotted to each. Only one Subcontractor shall be named for each part of the work to be sublet. I I I Page 10 of 44 Tender CL 2004-33 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE PEARCE FARM PARK IJ;CHEDULE (A) IINSTRUCTIONS TO BIDDERS (continued): fONTRACT DOCUMENTS: The Contractor to whom this Contract is awarded will be required to execute the Agreement in triplicate, in the form bound herein and furnish documents in triplicate covering the following: I I I I I I I I I I I I I I I (i) Performance and Labour Bond Performance Bond and a Labour and Material Payment Bond in the amount of one hundred percent (100%) of the total tendered price. (ii) Surety Company Each Bond shall be with a satisfactory Guarantee Surety Company, resident in Canada or authorized to carry on business in Canada. (iii) Insurance The successful contractor will indemnifY and save harmless the Corporation of the Municipality of Clarington from all loss or the payment of the sums of money by reason of all accidents, injuries or damages to persons or property that may occur in connection therewith. A certificate ofliability insurance (third party) must be provided to the Municipality ofClarington, in the amount of$3,000,000.00 (three million dollars) also naming the Municipality of Clarington and NF Consultants (1998) Inc. as additional insured. Any damages to any or all properties as a result of the work performed by the contractor, will be repaired at the expense ofthe contractor to the satisfaction of the Director of Engineering or his delegate. (iv) Insure Consultant and Owner The Corporation of the Municipality ofClarington, and NF Consultants (1998) Inc., shall be included as additional insured on all policies relating to this Contract. I I Page 11 of 44 Tender CL 2004-33 THE CORPORATION OF THE MUNICIPAlITY OF CLARINGTON PURCHASING OFFICE PEARCE FARM PARK I SCHEDULE (A) INSTRUCTIONS TO BIDDERS (continued): I STAFFING: I The successful bidder for this work shall have had previous successful experience and the contractor's crew shall be under the supervision of a competent and experienced foreman. I VISITING THE SITE: Tenderers are expected to arrange and schedule visits to the location and make themselves familiar with all particulars I involved. No claim will be allowed for lack of description, conditions, specifications and facilities referred or associated with this tender. I Bidders are requested to contact: PeterWindolf Manager of Park Development Engineering Deparbnent Bowmanville, Ontario Telephone: (905) 623-3379, ext. 201 I I I I I I I I I I I 1 1 Page 12 of 44 Tender CL 2004-33 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE PEARCE FARM PARK rCHED~p~~~2N~TANDARD TERMS & CONDITIONS 1 1 1 1 I 1 1 1 1 1 13 1 1 1 1 1 Municipality _ The Corporation of the Municipality ofClarington, 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, fumishe<l or performed by the company, which are subject to the Contract. "-, TRMT"-"-ION ()P 'RIO Bid invitation shan be in accordance with the Municipality ofClarington Purchasing By-law #94-129 and win apply for the calling, receiving, and opening ofmds. The Municipality will be responsible for evaluating bids, awarding and administering the contract in accordance with the Purchasing By-law. The bid must be submitte<l on the fonn(s) and in the envelope supplied by the Municipality unless otherwise provided herein. The envelope must not be covered by any outside wrappings, Le. courier envelopes or other coverings. The bid must be signed by a designate<l signing officer of the Bidder. Ifajoint 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 win 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. rnNTRArT The contract consists of the documents aforementione<l. 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 ofthe 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. I I Page 13 of 44 Tender CL 2004-33 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE PEARCE FARM PARK tCHEDULE (B) STANDARD TERMS & CONDITIONS 4. rT ARlFlrATTnN()"~ OnrTTMFNT I I 15 I I I 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 shan not in any way alter the document and in no case shall oral arrangements be considered. Every notice, advice or other communication pertaining thereto win be in the fonn of a written addendum. No officer. agent or employee of the Municipality is authorized to alter orally any portion of the document. PRom. OF' ARIT TTY The bidder may be required to show, in tenns 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. OFT TVI"RV Unless otherwise stated, the work specified in the bid shall be delivered or completely performed by the Company as soon as possible and in any event within the period set out herein as the guaranteed period of delivery or completion after receipt of a purchase order therefore. A detailed delivery ticket or piece tally, showing the exact quantity of goods, materials, articles or equipment, shan accompany each delivery thereof. Receiving by a foreperson, storekeeper or other such receiver shall not bind the Municipality to accept the work covered thereby, or the particulars of the delivery ticket or piece tally thereof. Work shall be subject to further inspection and approval by the Municipality. The Company shall be responsible for arranging the work so that completion shall be as specified in the contract. I Time shall be of the essence of the contract. 7. PRlrTNn I 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. I I I I I I I I 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. Pa)Tllent 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 shan be extra and not shown, unless otherwise specified herein. If the Bidder intends to manufacture or fabricate any part of the work outside of Canada, it shall arrange its shipping procedures so that its agent or representative in Canada is the importer of record for customs purposes. Should any additional tax, duty or any variation in any tax or duty be imposed by the Government of Canada or the Province of Ontario become directly applicable to work specified in this document subsequent to its submission by the Bidder and before the delivery of the work covered thereby pursuant to a purchase order issued by the Municipality appropriate increase or decrease in the price of work shall be made to compensate for such changes as of the effective date thereof. I I Page 14 of 44 Tender CL 2004-33 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE PEARCE FARM PARK tCHEDULE (B) STANDARD TERMS & CONDITIONS 8. TPRM~()PPAVMPNT I I I 19 I I 110 111. 112 113 I 14. I I 15. I I I 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 shan 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. PATFN'N ANn rnpVRlr.HT!". 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. AI TFRNATF~ Any opinion with regard to the use of a proposed alternate determined by the Municipality shall be final. Any bid proposing an altemate will not be considered unless otherwise specified herein. Fl)ITIVAI FNrV Any opinion determined by the Municipality with respect to equivalency shall be finat. A~"iIr.NMPNT A NT) "iT TRrONTR ArTlNG The company shall not assign or subcontract the contract or any portion thereof without the prior written consent of the Municipality. FINANrINr. INFORM ATI()N RPQT TTRPT) OF nn:; rnMPANV The Municipality is entitled to request of the Company to furnish reasonable evidence that financial arrangements have been made to fulfil the Municipality's obligations under the Contract. I A W~ ANn R1:<r.1 n A T'nN~ 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 faT 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. rnRRPrTTON m: nFFFrT"i Ifat any time prior to one year after the actual delivery date or completion of the work (or specified warranty/guarantee period iflonger 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 OT repair depot and the point of use. I I Page 15 of 44 Tender CL 2004-33 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE PEARCE FARM PARK ISCHEDULE (B) STANDARD TERMS & CONDITIONS 16. Rm Arrl"PTANrp I I 117. I I I I I I 118 I 19. I I I I I 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, tfio 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 shan be irrevocable for 90 days after the official closing time. The placing in the mall 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. nFPAl1I TRvrnMPANV 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 often 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; Hi) 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). rnNTRArTrANrFT I ATTON 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. QT I A NTITlFS 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. I I Page 16 of 44 Tender CL 2004-33 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE PEARCE FARM PARK ICHEDULE (B) STANDARD TERMS & CONDITIONS 20. I I 121. I I I 22. I I I 23. I I 24. I I I 25. I I "-AMPIF" 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 shan 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. c;:,ITRFTV 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 fonn ofsmety, in an amount detennined 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. 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. W()RKPT ArF o;;:,AFPTV ANn lNo;;:,lTRANrp R()ARn 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 Municipality, an original Letter of Good Standing from the Workplace Safety and Insurance Board shall be provided prior to the commencement of work indicating all payments by the Company to the Board have been made. Prior to final payment, a Certificate of Clearance must be issued indicating all payments by the Company to the Board in conjunction with the subject Contract have been made and that the Municipality win 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. TNo;;:" TR A NiP The company shall maintain and pay for Comprehensive General Liability insurance including premises and all operations. This insurance coverage shan be subject to limits of not less than $3,000,000.00 inclusive per occurrence for third party Bodily Injury and Property Damage or such other coverage or amount as may be requested. The policy shall include the Municipality as an additional 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. 1 TAH1TITY The company agrees to defend, fully indemnify and save hannless the Municipality from all actions, suits, claims, demands, losses, costs, charges and expenses whatsoever for all damage or injury including death to any person and all damage to any property which may arise directly or indirectly by reason of a requirement of the contract, save and except for damage caused by the negligence of the Municipality or its employees. The Company agrees to defend, fully indemnify and save harmless the Municipality from any and all charges, 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. VI<::ITINr. TJ.:fP o;;:,TTF 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. 1 1 Page 17 of 44 Tender CL 2004-33 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE PEARCE FARM PARK rCHEDULE (B) STANDARD TERMS & CONDITIONS 26. SAEEIY 1 1 1 27. 1 128. 1 29. 1 130 1 1 1 1 1 1 1 1 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 andlor Employer with respect to or arising out of the perfonnance 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 shan provide Material Safety Data Sheets (MSDS) to the Municipality for any supplied Hazardous Materials. ITNPAm ArrnITNTs. The company shall indenmify 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 oris to be made by the Municipality is free and clear of liens, attachments, claims, demands, charges or other encumbrances. <::'1 ',PFN,lnN nF WORT( The Municipality may, without invalidating the contract, suspend perfonnance 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. rHANOFlO;: TN Tl-fF WORT( 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. An such changes shall be in writing and approved by the Municipality. rONPl TrT nF TNTJ<RF,T 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. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE PEARCE FARM PARK tCHEDULE (C) CONTRACTOR SAFETY POLICY AND PROCEDURE I I I I I I I I I I I I I I I I I I Page 18 of 44 Tender CL 2004-33 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 "ondnl"tor', responsibility to ensure that: . the measures and procedures prescribed by the Occupational Health and Safety Act and the Regulations are carried out on the prnj""t; . every employer and every worker performing work on the prnj"ct complies with the Occupational Health and Safety Act and the Regulations (under the Act); and . Where so prescribed, a constructor shall, before commencing any work on a project, give to a Director notice in writing of the project containing such information as may be prescribed. DEFINITIONS: Contractor _ any individual or firm engaged by the Municipality to do work on behalf of the Municipality Project - means a construction project, whether public or private, including: . the construction of a building, bridge, structure, industrial establishment, mining plant, shaft tunnel, caisson, trench, excavation, highway, railway, street, runway, parking lot, cofferdam, conduit, sewer, watermain, service connection, telegraph, telephone or electrical cable, pipe line, duct or well, or any combination thereof; . the moving of a building or structure; and . any work or undertaking, or any lands or appurtenances used in connection with construction. Construction - includes erection, alteration, repair, dismantling, demolition, structural maintenance, painting, land clearing, earth moving, grading, excavating, trenching, digging, boring, drilling, blasting, or concreting, the installation of any machinery or plant, and any work or undertaking in connection with a project. I I Page 19 of 44 Tender CL 2004-33 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE PEARCE FARM PARK rCHEDULE (C) CONTRACTOR SAFETY tOLlCY AND PROCEDURE Continued... Constructor - means a person who undertakes a project for an owner and includes an owner who undertakes all or part of a project himself or by more than one employer. I I I I I I I I I I I I I I I Project Manager - means the municipal management representative who has responsibility for a contract. PROCEDURE: The following ite~s are required before the Municipality hires any Contractors: a) Before beginning a project, the project manager or designate must determine whether any designated substanceslhazardous materials are (or will be) present at the site and prepare a list of all these substances. b) The project manager or designate must include, as part of the request for tender/quotations, a copy of the above-mentioned list. The list of designated substanceslhazardous 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 substanceslhazardous materials that will be brought onto the work site and material safety data sheets. d) Before awarding a contract, the contractor(s) will be required to complete and sign the Health and Safety Practice Form (Schedule "An). The Purchasing Office will maintain all contractors' safety performance records. e) As part of the tender/quotation conditions, before award of a contract, the contractor must provide details of their Health and Safety program. f) The project manager or designate, if necessary, will provide the successful contractor with a workplace orientation which will include, but not be limited to identifying known potential hazards, hazardous material inventory and material safety data sheets for the sites. I I Page 20 of 44 Tender CL 2004-33 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE PEARCE FARM PARK IFCHEDULE(C)CONTRACTORSAFETY tOLlCY AND PROCEDURE Continued... I I I I I I I I I I I I I I I g) Before the start of the assignment the following documentation will be provided to the successful contractor, by the project manager or delegate: i) copies of the Municipal Corporate Health and Safety Program ii) departmental health and safety policies iii) workplace procedures regarding health and safety practices h) The contractor has the responsibility to provide any and all prescribed personal protective equipment for their own workers, to include as a minimum but not limited to hard hats and safety boots. If a worker(s) fails to comply with any program, policy, rule or request regarding health and safety, that person( s) is not allowed on the site until the person( s) complies. i) The Municipality will retain the right to document contractors for all health and safety warnings and/or to stop any contractors' work if any of the previously mentioned items are not in compliance. Similarly, the Municipality will have the right to issue warnings and/or to stop work if there are any violations by the contractor of the Occupational Health and Safety Act, Municipal Health and Safety programs, policies, rules, and/or if the contractor creates an unacceptable health and safety hazard. Written warnings and/or stop work orders can be given to contractors using Contractor Health and Safety Warning/Stop Work Order Form (Schedule "B"). j) Where applicable, the Municipality will retain the right to allow municipal employees to refuse to work in accordance with the established policy and the Occupational Health and Safety Act, in any unsafe conditions. k) The Purchasing Department will maintain current certificates of clearance until all monies owing have been paid to the contractor. 1) 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. I I Page 21 of 44 Tender CL 2004-33 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE PEARCE FARM PARK ISCHEDULE(C)CONTRACTORSAFETY IpOLICY AND PROCEDURE Continued... HEALTH AND SAFETY PRACTICE FORM ITO Contractor(s): I 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 I 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. I In order to evaluate your company's health and safety experience, please provide the accident/incident and/or Workplace Safety Insurance Board (WSIB) information noted below, where applicable. I' I. I I I I I I I I I . . 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 tener confirming this status and number from WSIB with their bid submission). I I Page 22 of 44 Tender CL 2004-33 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE PEARCE FARM PARK ISCHEDULE(C)CONTRACTORSAFETY IpOLICY AND PROCEDURE Continued... CONTRACTOR'S STATEMENT OF RESPONSIBILITY I I I I I I I I I I I I I I I As a contractor working for the Municipality of Clarington, I1we will comply with all procedures and requirements ofthe Occupational Health and Safety Act, Municipal safety policies, department and site specific polices and procedures and other applicable legislation or regulations. I1we will work safely with skill and care so as to prevent an accidental injury to ourselves, fellow employees and members of the public. 1. The contractor/successful tenderer certifies that it, its employees, its subcontractors and their employees: a) are aware of their respective duties and obligations under the Occupational Health and Safety Act, as amended from time to time, and all Regulations thereunder (the "Act'~; and b) have sufficient knowledge and training to perform all matters required pursuant to this contract/tender safely and in compliance with the Act. 2. In the performance of all matters required pursuant to this contract/tender, the contractor/successful tenderer shall: a) act safely and comply in all respects to the Act, and b) ensure that its employees, its subcontractors and their employees act safely and comply with all aspects with the Act. 3. The contractor/successful tenderer shall rectifY any unsafe act or practice and any non- compliance with the Act at its expense immediately upon being notified by any person of the existence of such act, practice or non-compliance. 4. The contractor/successful tenderer shall permit representatives of the Municipality and the Health and Safety Committee on the site at any time or times for the purpose of inspection to determine compliance with this contract/tender. 5. No act or omission by any representative of the Municipality shall be deemed to be an assumption of any of the duties or obligations of the contractor/successful tenderer or any of its subcontractors under the Act. I I Page 23 of 44 Tender CL 2004-33 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE PEARCE FARM PARK ISCHEDULE(C)CONTRACTORSAFETY IpOLlCY AND PROCEDURE Continued... 6. The contractor/successful tenderer shall indemnify and save harmless the Municipality: I I I I I I 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. I Contractor Name of Person Signing for Contractor I Signature of Contractor I I I I I I I Date . I i Page 24 of 44 . Tender CL 2004-33 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE PEARCE FARM PARK 'CHEDULE (C) CONTRACTOR SAFETY tOLlCY AND PROCEDURE Continued... Schedule "B" . CONTR ACTOR HE AT ,TH A NO SA. FFTV W A RNTNn/STOP WORK ORn~R . The purpose of this form is to: (Issuer to check one of the following) . o Provide warning to the contractor to immediately discontinue the unsafe work practices, if it affects our workplace, described below. . o Direct the contractor to immediately cease all work being performed under this contract due to the unsafe work practice described below. . If A IT ,lTRF, TO C:OMPT .V WITH THIS W A RNTN(;/STOP WORK ORnER SH A'.T. C'ONSTITlTTF A RRRA.C1t OF CONTRACT. . PART "A" - DETAll.-S OF CONTRACT . CONTRACTOR/P.O. # DESCRIPTION: . . . NAME OF FIRM: . . . . . I I Page 25 of 44 Tender CL 2004-33 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE PEARCE FARM PARK IFCHEDULE(C)CONTRACTORSAFETY IpOLlCY AND PROCEDURE Continued... PART "B" - DETAILS OF INFRACTION (TO BE COMPLETED BY ISSUER) DATE AND TIME OF INFRACTION DESCRIPTION OF INFRACTION, INCLUDING LOCATION: ORDER GIVEN BY MUNICIPALITY: DID THE CONTRACTOR COMPLY WITH THIS ORDER? DATE AND TIME OF COMPLIANCE: ISSUED TO: CONTRACTO~SEMPLOYEE TITLE ISSUED BY: MUNICIPAL EMPLOYEE DEPARTMENT TITLE I PART "Cn - ADDITIONAL COMMENTS THIS SECTION TO BE USED INTERNALLY TO RECORD ADDITIONAL COMMENTS SUBSEQUENT TO iSSUING THE WARNING/STOP WORK ORDER, l.E. DATE AND TIME WORK RESUMED, FURTHER ACTION TAKEN, ETC. I I I I I I I I ISPECIFICATIONS I I I I I I I I I I I I I I I I GENERAL INSTRUCTIONS Section 01220 I I PART I- GENERAL 1.1 Scope of Work .1 Complete all work as described in the general conditions, I specifications, drawings and details. See Instruction to Bidders. I 1.2 Definitions .1 Owner: See Instruction to Bidders. The contract administrator on this contract is as outlined in .2 I Schedule A. Do not take instructions from any other person than the identified contract administrator. I 1.3 Work Schedule .1 All work must be carried out in a continuous time period and be completed within the time stipulated in the Schedule A. I .2 When requested by the Owner or Consultant, submit a written work schedule showing the timing of all phases of I the work. 1.4 Co-operation and I Co-ordination .1 Contractor and Subcontractor shall be familiar with each other's work, wherein it affects their own. I .2 Co-operate with all parties doing work on this project to permit proper execution of the work. I .3 Co-ordinate work with other parties and give timely instructions and information, in writing, relating to the requirements for surfaces, materials, and insets which I affect the work of other trades. 1.5 Submittals .1 Be prepared to submit samples of any or all specified I materials if requested by the Owner, prior to starting construction. I 1.6 Job Conditions .1 Report in writing to the Owner, prior to commencing work, any conditions or defects encountered on the site I upon which the work depends and which may adversely affect the performance of the work. I .2 Do not commence work until such conditions or I I I I I I I I I I I I I I I I I I I I GENERAL INSTRUCTIONS Section 01220 1.7 1.8 .3 .4 .5 .6 Utilities .1 .2 .3 Permits, Inspection & Approval Certificates .1 .2 defects have been investigated and corrected. Commencement of work implies acceptance of surfaces and conditions. No claim for damages or resulting extra work will be accepted except where such conditions cannot be determined prior to construction. Before starting work on neighbouring properties, where shown on drawings, obtain permission from owners and install hoarding and snow fencing. Maintain during construction period and remove upon completion of work. Be responsible for restoration of existing conditions of adjacent properties. In all cases, blend with existing conditions. Any item not specifically mentioned in the following descriptions or shown on the drawings but implied or any item required to complete the work, will be considered to be included in the total price. Before commencing work establish location and extent of all utility lines, including site lighting, in the area of any excavations. The contractor is responsible for the repair fo all damage to underground utilities resulting from his operations where such utilities are able to be located by the appropriate authorities. Record locations of existing re-routed and abandoned utility lines and provide the Owner with drawings showing these locations at the completion of the work. Be responsible for all permits, tests and certificates, as required by the local Municipality. Pay all costs. Copies of inspection/approval certificates must accompany any InVOIces. I I I I I I I I I I I I I I I I I I I GENERAL INSTRUCTIONS Section 01220 1.9 1.10 .3 Where required by the Ministry of the Environment or the local Municipality, have all fill, which is being removed from the site, tested for contaminants by a testing company acceptable to the Owner. Pay all costs. .4 Extra costs for removal of contaminated fill will be paid in accordance with the contract unit prices. Site Access .1 The Contractor shall understand and agree that the utmost co-operation with other Contractors must be provided. The Contractors shall not obstruct roadways, driveways and parking areas, thereby delaying or curtailing the work of others or the use by the Owner or Consultant or the right of access by the public. .2 Only those vehicles required for the carrying out of work shall have access to the site. Temporary Roads and Walks .1 Where required, provide, construct and maintain temporary surfaces to allow pedestrian and vehicular access to walkways, all adjacent roads, local residences and school buildings. .2 Provide temporary culverts, if required. .3 Provide and erect directional and warning signs, barriers and the like, where required. .4 Upon completion of work, remove same and make good existing surfaces and structures. .5 Do not use roads, walkways, or road or walkway beds for the storing of topsoil or equipment. I I I I I I I I I I I I I I I I I I I GENERAL INSTRUCTIONS Section 01220 1.11 1.12 1.13 1.14 Temporary Sanitary Facilities .1 Provide sanitary facilities for the use of all engaged on the job site in accordance with the requirements of any Provincial and Municipal regulations controlling such installations. Temporary Utilities .1 Be fully responsible for the installation, maintenance and removal after completion, of all temporary utilities required for the execution of the work. .2 Obtain permits and pay all costs relating to such services. Compound, Site Office and Storage Shed .1 If requested by the Owner or Consultant, provide fenced-in Contractor's compound for an office and the storage of necessary materials for construction, in an area so designated by the Owner or Consultant. .2 The Contractor and Subcontractors shall provide their own work shops and storage shed fo the entire length of construction. Construction Equipment .1 Assume complete responsibility for the construction, strength, placing and operation of any mechanical contrivance used for the work of this contract, to ensure that any load supported therein can be carried out safely and be free from accidents to all persons. The Contractor shall save harmless the Owner, his agent and the Consultant. .2 Submit to the local authorities, information concerning the sequence of erections, details and the timing of permanent connections, shoring, temporary bracing and location oflifting equipment. Be responsible for all costs incurred. I I GENERAL INSTRUCTIONS Section 01220 I I 1.15 Lines and Levels I .1 Existing grades and other known conditions fo the site have been shown on the drawings. I .2 Be fully responsible for the complete layout of all lines and levels required for the execution ofthe work. I .3 Benchmarks and survey monuments established by an accredited surveyor shall be maintained. Replace any such monuments which have been disturbed or destroyed. I .4 VerifY elevations, lines, levels and dimensions as indicated and report errors, any conflicts, or I inconsistencies to the Consultant before commencing work or as soon as discovered. I .5 Accurately layout work and establish lines and levels in accord with requirements of Contract Documents. I .6 Set up, maintain and protect permanent reference point stakes set 5 m O.C. and provide general dimension and elevations for all Sections of Work as per Grading Plans. I .7 All layout work by the Contractor will be subject to checking and the approval of the Owner or Consultant. I The approval of layout work by the Owner or Consultant shall not relieve the contractor of his responsibility for the correctness of the work. I I 1.16 Dimensions .1 Check and verifY dimensions wherever referring to work. I Dimensions, when pertaining to work of another Section, shall be verified with section concerned. Details and I measurements of work which is to fit or conform to work installed shall be taken at site. I I I I I I I I I I I I I I I I I I I I I GENERAL INSTRUCTIONS Section 01220 1.17 1.18 Protection .1 Grade around excavations to prevent surface water runoff into excavated area. .2 Protect excavations and excavated material from freezing. .3 Provide and operate as many pumps as required to keep excavations free of standing water at all times. .4 Should bottoms of excavations be damaged by weather or should softening occur, remove softened material and replace with approved granular fill material at no extra cost. .5 Protect all trees and planting areas that are to remain in accordance with the General Conditions. .6 Erect suitable safety barriers as required around all excavations to make the site safe for pedestrians. Handling and Storage of Materials .1 Store packaged materials in original undamaged condition with manufacturer's labels and seals intact. .2 Store packaged materials, sand and manufactured items off the ground on approved supports. Cover each pile with weatherproof covering. .3 Stack units to permit circulation of air and to prevent damage to units. .4 Prevent damage to materials during handling, storage and erection. Damaged materials will be rejected for use. The Contractor will remove rejected materials from the site at his expense. .5 Ensure that all Subcontractors have included their tenders for the supply and payment of costs for all equipment, I I I I I I I I I I I I I I I I I I I GENERAL INSTRUCTIONS Section 01220 1.19 Substitutions 1.20 Contract Documents handling and cartage required for the complete installation of the work of their particular trade. .6 Equipment shall include all hand and power tools and other items necessary for installation of work. .7 Handling shall include all methods of moving the materials and equipment to and from the point offabrication or supply and the job site. .8 Cartage shall include all methods of conveyance required to deliver the materials and equipment to and from the point of fabrication or supply and the job site. .9 If the Contractor permits the use of his facilities by Subcontractors, he shall establish his terms of use directly with them. .1 All substitutions of any material or manufactured items called for on the drawings, details or specifications must be approved in writing by the Owner or Consultant before use. See Instructions to Bidders. .2 Requests for substitutions of a manufactured item must be accompanied by sufficient technical data and testing information to substantiate the claim that the item is equal to that specified. .1 Consider the specifications for this project as an integral part of the plans which accompany them and neither the plans nor the specifications shall be considered alone. Consider any item, which, if omitted in the other, as properly and sufficiently specified. If the specifications and the plans should conflict, the Owner or Consultant is to determine whether the specifications or the plans apply for the point of conflict before work proceeds. .2 Maintain on the site, at all times, during construction, one (1) complete set of drawings, specifications and approved I I I I I I I I I I I I I I I I I I II I GENERAL INSTRUCTIONS Section 01220 1.21 Inspection 1.22 Maintenance 1.23 GuaranteelWarranty shop drawings as well as approved change orders and any approved sketches and instructions issued during the construction period. .3 Clearly mark on drawings all changes in red, revisions, and site conditions which affect the work and in such a manner that, upon completion of work, one complete set of "as built" drawings is available. This includes the accurate position of concealed and underground services. .4 Keep "as built" set in good order and submit a complete set of "as built" drawings in Autocad format to the Consultant upon completion of work. .1 Give timely notice when any phase of the work is ready for inspection and notice in writing when the work is completed and ready for final inspection. .2 All materials are subject to inspection by the Owner or Consultant upon arrival on the site. Any materials not meeting the specifications will be rejected and must be removed from the site immediately. .1 Maintain all parts of the work form the time of installation until final acceptance. .2 Report immediately, in writing to the Owner, all incidents of damage to the installation by vandals, prior to acceptance. .1 GuaranteelWarranty all work, Plant material, etc. for a period of one (1) year, for the date of substantial completion acceptance. During the guaranty/warranty period, repair, replace or otherwise remedy all defects due to faulty materials or workmanship. I I I I I I I I I I I I I I I I I I I GENERAL INSTRUCTIONS Section 01220 1.24 1.25 1.26 .2 Each guaranty shall show the following: a. Name and address of owner b. Name of project and project number c. Name and address of Contractor, Subcontractor d. Dates of commencement and termination of guaranty period e. A clear definition of what is being guaranteed and what remedial actions will be undertaken during the guaranty f The signature and seal of the company issuing the guaranty. When the guaranty affects a subcontractor and/or supplier, the guaranty shall be signed and sealed by the Contractor, the Subcontractor and/or supplier. Failure to Achieve a Satisfactory Standard .1 If the Contractor fails to achieve an acceptable rate of progress and/or standard of workmanship, the Consultant reserves the right to have the work completed by other persons and to deduct the cost incurred from the agreed upon contract price. Safety .1 Keep the site clean and useable by the residents at all times. .2 Where required, provide temporary walkways, stoops, steps, and handrails to maintain safe access to the buildings. Clean up .1 At the completion of the work each day, remove all debris, garbage and surplus material. I I I I I I I I I I I I I I I I I I I GENERAL INSTRUCTIONS Section 01220 1.27 1.28 .2 Power sweep paved surfaces to remove earth contamination resulting from construction activities prior to final acceptance. .3 Clean out all catch basins and manholes within the construction area immediately before final acceptance. Remove all debris. Make Good .1 Make good all damage resulting from work carried out under this contract. Restore and blend to match surrounding existing conditions. Inspection/Takeoyer Procedures .1 Prior to application for certificate of Substantial Performance Acceptance, carefully inspect the Work and ensure it is complete, that major and minor construction deficiencies are complete and/or corrected and the site is clean and in condition for use. NotifY the consultant, in writing, or satisfactory completion of Work and request an inspection. .2 During the Consultant's inspection, a list of deficiencies and defects will be tabulated. Correct same. .3 When the Consultant considers deficiencies and defects have been corrected and it appears requirements of the Contract have been performed, make application for certificate of Substantial Performance. End of Section I I I I I I I I I I I I I I I I I I I SITE ADMINISTRATION Section 01221 1.1 Preconstruction Meeting .1 Immediately prior to construction, upon notification attend at location of Owner's choice, pre-construction meeting, along with authoritative representatives of certain key subcontractors as specifically indicated in the conference notice. .2 Purpose of meeting is as follows: 1. Review project communications procedures. 2. Review contract administration requirements including submittals, payment and change order procedures. 3. IdentifY all critical points on Construction Schedule for positive action. 4. IdentifY any product availability problems and substitution request. 5. Establish site arrangements and temporary facilities. 6. Revise any points which, in Owner's, and Contractor's opinion, require clarification. 1.2 Site Meetings .1 Prior to the commencement of the Work, the Contractor together with the Owner shall mutually agree to a sequence for holding regular "on site meetings. " .2 Organize all necessary site meetings. Ensure that persons, whose presence is required, are present and that relative information is available to allow meetings to be conducted efficiently. .3 Record minutes of each meeting and promptly distribute copies to all participants not later than six days after meeting has been held. I I I I I I I I I I I I I I I I I I I SITE ADMINISTRATION Section 01221 1.3 Supervision .1 Employ an experienced and qualified superintendent who shall devote his time exclusively to the work of this Contract and who shall be in complete charge of the work from commencement to completion. A working foreman will not be acceptable. The superintendent shall not be changed after commencement of work without the Owner's approval. .2 Supervise, direct, manage and control the work of all forces carrying out the work, including subcontractors and suppliers. Carry out daily inspections to ensure compliance with the Contract Documents and the maintenance of quality standards. Ensure that the inspection staff includes personnel competent in supervising the mechanical and electrical trades. 1.4 Progress Record NOT APPLICABLE 1.5 Record Drawings .1 Obtain and keep on site at all times a complete and separate set of black line white prints. .2 Note clearly, neatly, accurately and promptly as the work progresses all architectural, structural changes, revisions and additions to the work and deviations from the Contract Documents. .3 Accurate location, depth, position, size and type of concealed and underground services, both inside and outside shall be included as part of these record drawings. .4 Record drawings shall be available for review at each site meeting. 1.6 Documents on Site .1 Contractor's shall at all times contain a complete set of Contract Documents (Drawings and Specifications) will all addenda, site instructions, change orders, reviewed shop drawings and samples, colour schedule, paint materials schedules, hardware list, progress reports, and meeting minutes. End of Section I I I I I I I I I I I I I I I I I I I SUBMITTALS Section 01300 1.1 General .1 Unless specified otherwise, make all submissions to the Owner at his office. .2 Make all submissions required by the Contract Documents with reasonable promptness and in orderly sequence so as to cause no delay in the work. 1.2 Related Work .1 Submission of maintenance and record documents: Section 01700. ..2 Submission of maintenance materials: Section 01700. 1.3 Construction Schedule .1 Within 7 days after award of Contract, submit, in form approved by Owner, construction schedule for work of entire Contract. .2 Show in schedule, start and completion times of each item of work, including erection and dismantling of temporary services. 1.4 Shop Drawings .1 Submit shop drawings required by Contract Documents, in accord with requirements ofGC 34. .2 Prepare shop drawings in metric measurements only. Shop drawings containing imperial measurements will be rejected. .3 Unless otherwise directed by the Consultant, submit one reproducible transparency plus the following number of prints for each shop drawing required: 1. Landscape Architectural shop drawings: 2 Prints. 2. No work requiring a shop drawing submission shall be commenced until the submission has received Consultant's final review. I I I I I I I I I I I I I I I I I I I SUBMITTALS Section 01300 1.5 Samples 3. The Consultant's review is for the sole purpose of ascertaining conformance with the general design concept. This review shall not mean that the Consultant approves the detail design which inherent in the shop drawings, responsibility for which shall remain with the Contractor submitting same, and this review shall not relieve the Contractor submitting same, and this review shall not relieve the Contractor of his responsibility for meeting the requirements of the Contract Documents. The Contractor is responsible for dimensions to be confirmed and correlated at the job site for information that pertains solely to fabrication processes or to techniques of construction and installation and for coordination of the work of all subtrades. .1 Submit samples required by Contract Documents and as directed by the Consultant. .2 Unless indicated otherwise submit samples in duplicate. .3 Submit samples with identifYing labels bearing material or component description, manufacturer's name and brand name, Contractor's name, project name, location in which material or component is to be used and dated. .4 Prepay any shipping charges involved for delivering samples to destination point and returning to point of origin if required. .5 No work requiring a sample submission shall be commenced until the submission has received Consultant's final review. 1.6 Submittals Prior to Start of Work .1 Submit the following documents within time stipulated, or if not, stipulated, prior to first application for payment. 1. Insurance Certificate 2. Bonds 3. Workplace Safety & Insurance Board Certificate 4. Construction and Planting Schedule 5. Cash Flow Schedule End of Section I I I I I I I I I I I I I I I I I I I CONSTRUCTION SCHEDULE Section 01310 PART I - GENERAL 1.1 Schedule .1 Within 10 days of Contract Award, submit, in format acceptable to Consultant, four copies of construction schedule. .2 Set up format to permit plotting of actual progress against scheduled progress. .3 Schedule shall show: .1 Commencement and completion dates of Contract. .2 Commencement and completion dates of stipulated stages if any. .3 Commencement and completion dates of each trade. .4 Order and delivery times for hard and soft materials and other equipment where possible. .5 Any other information relating to the orderly progress of Contract, considered by Contractor to be pertinent. 2.0 Updating and Monitoring .1 Consultant together with Contractor shall review construction progress once a month during regular site meeting or more often as directed by Consultant. .2 Update construction schedule, whenever changes occur, in manner and at times acceptable to Consultant. .3 Plot actual progress on construction schedule at least once a week. .4 Submit copy of updated schedule to Consultant once a month concurrently with application for payment. End of Section I I I I I I I I I I I I I I I I I I I SHOP DRAWINGS, PRODUCT DATA, SAMPLES AND MOCKUPS Section 01340 PART I - GENERAL .1 This section specifies general requirements and procedures for contractor's submissions of shop drawings, product data, samples and mock-ups to Landscape Architect for review. Additional specific requirements for submissions are specified in individual sections of Divisions. .2 Do not proceed with work until relevant submissions are reviewed by Landscape Architect. .3 Present shop drawings, product data, samples and mock-ups in SI Metric units. .4 Where items or information is not produced in SI, Metric units converted values are acceptable. .5 Contractor's responsibility for errors and omissions in submission if not relieved by Landscape Architect's review of submissions. .6 NotifY Landscape Architect, in writing at times of submission, identifYing deviations from requirements of Contract Documents stating reasons for deviations. .7 Contractor's responsibility for deviations in submission from requirements of Contract Documents if not relieved by Landscape Architect's review of submissions, unless Landscape Architect gives written acceptance of specific deviations. .8 Make any changes in submissions which Landscape Architect may require consistent with Contract Documents and resubmit as directed by Landscape Architect. .9 NotifY Landscape Architect, in writing, when resubmitting, of any revisions other than those requested by Landscape Architect. PART n - SUBMISSION REQUIREMENTS .1 Coordinate each submission with requirements of work and Contract Documents. Individual submissions will not be reviewed until all related information is available. .2 Allow three (3) days for Landscape Architect's review of each submission. I I I I I I I I I I I I I I I I I I I SHOP DRAWINGS, PRODUCT DATA, SAMPLES AND MOCKUPS Section 01340 .3 Accompany submissions with transmittal letter, in duplicate, containing: .1 Date. .2 Project title and number. .3 Contractor's name and address. .4 Identification and quantity of each shop drawing, product data and sample. .5 Other pertinent data. .4 Submissions shall include: .1 Date and revision dates. .2 Project title and number. .3 Name and address of: .1 Subcontractor. .2 Supplier. .3 Manufacturer. .4 Contractor's stamp, signed by Contractors authorized representative certifYing approval of submissions, verification of field measurements and compliance with Contract Documents. .5 Details of appropriate portions of Work as applicable: .1 Fabrication .2 Layout, showing dimensions, including identified field dimensions, and clearances. .3 Setting or erection details. .4 Capacities. .5 Performance characteristics. .6 Standards. .7 Operating weight. .8 Wiring diagrams. .9 Single line and schematic diagrams. .10 Relationship to adjacent work. .5 After Landscape Architect's review, distribute copies. PART m - SHOP DRAWINGS .1 Shop drawings, original drawings, or modified standard drawings provided by Contractor, to illustrate details of portions of Work, which. are specific to project requirements. .2 Maximum sheet size: 600 x 900 mm. I I I I I I I I I I I I I I I I I I I SHOP DRAWINGS, PRODUCT DATA, SAMPLES AND MOCKUPS Section 01340 .3 Submit shop drawings as follows: .1 600 x 900 mm one reproducible transparency on plastic film And one opaque diazo print. .2 279 x 203 mm and smaller photocopy paper. .4 Cross-reference shop drawing information to applicable portions of Contract Document. PART IV - PRODUCT DATA .1 Product data: manufacturers catalogue sheets, brochures, literature, performance charts and diagrams, used to illustrate standard manufactured products. .2 Submit two (2) copies of product data. .3 Sheet size: 215 x 280 mm, maximum of3 modules. .4 Delete information not applicable to project. .5 Supplement standard information to provide details applicable to project. .6 Cross-reference product data information to applicable portions of Contract Documents. PART V - SAMPLES .1 Samples: examples of materials, equipment, quality, finishes, workmanship. .2 Where colour, pattern or texture is criterion, submit full range of samples. .3 Reviewed and accepted samples will become standard of workmanship and material against which installed work will be verified. PART VI - MOCK-UPS .1 Mock-ups: field-erected example of work complete with specified materials and workmanship. .2 Erect mock-ups at locations acceptable to Landscape Architect. .3 Reviewed and accepted mock-ups will become standards of workmanship and material against which installed work will be verified. ( I I I I I I I I I I I I I I I I I I I SHOP DRAWINGS, PRODUCT DATA, SAMPLES AND MOCKUPS Section 01340 1.1 General .1 Unless specified otherwise, make all submissions to the Owner at his office. .2 Make all submissions required by the Contract Documents with reasonable promptness and in orderly sequence so as to cause no delay in the work. 1.2 Related Work .1 Submission of maintenance and record documents: Section 01700. .2 Submission of maintenance materials: Section 01700. 1.3 Construction Schedule .1 Within 7 days after award of Contract, submit, in form approved by Owner, construction schedule for work of entire Contract. .2 Show in schedule, start and completion times of each item of work, including erection and dismantling of temporary services. 1.4 Shop Drawings .1 Submit shop drawings required by Contract Documents, in accord with requirements ofGC 34. .2 Prepare shop drawings in metric measurements only. Shop drawings containing imperial measurements will be rejected. .3 Unless otherwise directed by the Consultant, submit one reproducible transparency plus the following number of prints for each shop drawing required: 1. Landscape Architectural shop drawings: 2 Prints. 2. No work requiring a shop drawing submission shall be commenced until the submission has received Consultant's final review. } I I I I I I I I I I I I I I I I I I I SHOP DRAWINGS, PRODUCT DATA, SAMPLES AND MOCKUPS Section 01340 1.5 Samples 3. The Consultant's review is for the sole purpose of ascertaining conformance with the general design concept. This review shall not mean that the Consultant approves the detail design which inherent in the shop drawings, responsibility for which shall remain with the Contractor submitting same, and this review shall not relieve the Contractor submitting same, and this review shall not relieve the Contractor of his responsibility for meeting the requirements of the Contract Documents. The Contractor is responsible for dimensions to be confirmed and correlated at the job site for information that pertains solely to fabrication processes or to techniques of construction and installation and for coordination of the work of all subtrades. .1 Submit samples required by Contract Documents and as directed by the Consultant. .2 Unless indicated otherwise submit samples in duplicate. .3 Submit samples with identifYing labels bearing material or component description, manufacturer's name and brand name, Contractor's name, project name, location in which material or component is to be used and dated. .4 Prepay any shipping charges involved for delivering samples to destination point and returning to point of origin if required. .5 No work requiring a sample submission shall be commenced until the submission has received Consultant's final review. End of Section I I I I I I I I I I I I I I I I I I I QUALITY CONTROL Section 01400 1.1 GENERAL .1 Requirements specified in this Section apply to independent inspection and testing specified under technical Specification Sections. .2 Requirements specified in this Section do not apply to the following: .1 Inspection and testing required by laws, ordinances, rules, regulations and orders of public authorities. .2 Inspection and testing performed exclusively for Contractor's convenience. .3 Failure by independent testing agency to detect defective work or materials shall not in any way prevent later rejection, when such defect is discovered, nor shall it obligate Consultant for final acceptance. 1.2 RELATED INSTRUCTIONS .1 Specific inspection and testing requirements: Division 2 to 16 inclusive. 1.3 DUTIES & AUTHORITY OF TESTING AGENCY .1 Testing agency is expected to do the following: .1 Act on a professional and unprejudiced basis and carry out inspection and testing functions to establish compliance with requirements of Contract Documents. .2 Check work as it progresses and prepare reports stating results of tests and conditions of work and state in each report whether specimens tested conform to requirements of Contract Documents, specifically noting deviations. .3 Distribute reports as follows: 1. Consultant 3 copies. 2. Contractor 2 copies. .2 Testing agency is not authorized to amend or release any requirements of Contract Documents, nor approve or accept any portion of work. I I I I I I I I I I I I I I I I I I I QUALITY CONTROL Section 01400 .3 Contractor shall do the following: .1 NotifY testing agency minimum 48 hours in advance of operations to allow for assignment of personnel and scheduling of tests without causing delay in work. .2 Provide testing agency with access to work at all times. .3 Supply material samples for testing. .4 Supply casual labour and other incidental services required by testing agency. .5 Provide facilities for site storage of samples. 4. When initial inspection and testing indicates non-compliance with Contract Documents, any subsequent re-inspection and retesting occasioned by non- compliance shall be performed by same testing agency and cost thereof borne by Contractor. End of Section . I I I I I I I I I I I I I I I I I I I PRODUCTS AND WORKMANSHIP SECTION 01600 1.1 PRODUCT QUALITY .1 Products supplied for work shall be new and as far as possible and unless otherwise specified, of Canadian manufacture. .2 Materials used for temporary facilities are not required to be new, provided they are structurally sound and in suitable and safe operating condition. 1.2 STANDARDS AND TERMINOLOGY .1 Where a standard has been adopted by these Specifications, incorporate minimum requirements of such standard into the work. Where requirements of Specifications are more stringent than those of the standard, follow more stringent requirements. .2 Reference to standards, specifications, handbooks, and manufacturer's catalogues refer to latest edition thereof and all amendments or revisions applicable at Tender Closing Date, unless date suffix is included with document number. .3 Wherever words "acceptable", "approved", "satisfactory", "selected", "directed", "designated", "permitted", "inspected", "instructed", "required", "submit", or similar words or phrases are used in standards or elsewhere in Contract Documents, it shall be understood that "by (to) the Consultant" follow, unless context provides otherwise. .4 Where the word "provide" is used in these Contract Documents, it shall be taken to mean "supply and install" unless specifically noted otherwise. 1.3 A V AILABILITY AND SUBSTITUTIONS .1 Products which are specified by their proprietary names or by part of catalogue number form the basis for Contract. No substitutes for these may be used without Owner's approval in writing. .2 Where it is found that specified materials have become unavailable for incorporating into work, notifY Owner immediately of proposed substitution. I I I I I I I I I I I I I I I I I I I PRODUCTS AND WORKMANSHIP SECTION 01600 .3 Proposed substitution shall be any top quality product considered by Owner to be suitable for purpose intended. .4 Products proposed as substitutions, and which are considered by Owner to be suitable for purpose intended, but which are in this opinion oflesser value and quality than those specified shall only be accepted as substitution if reasonable credits are allowed for their use. .5 In order to substantiate equivalency of proposed materials, products or processes, submit samples, printed product descriptions, test data, installation instructions, standards, certification, samples, guarantee/warranty forms, list of successful projects incorporating such proposals, and similar information requested by Owner. .6 Whenever a substitute is proposed, any change to contract price as a result of acceptance of proposed product shall include any adjustments to adjacent structure or space in order to accept minor differences in size or weight between proposed items and corresponding specified time. .7 Prevent lI!ly substitution or request for substitution from delaying construction progress In any way. .8 Requests for substitution resulting from failure to place orders in time will not be entertained. Be responsible for ordering products in time to ensure their required delivery; bear all costs for failure to comply with these requirements. .9 Upon Owner's request submit copies of material and equipment purchase orders. 1.4 PRODUCT DELIVERY, HANDLING AND STORAGE .1 Suitably pack, crate and protect products during transportation to site to preserve their quality and fitness for purpose intended. .2 Store products in original, undamaged condition with manufacturer's labels and seals intact until they are being incorporated into completed work. .3 Handle and store materials in accordance with manufacturer's and supplier's recommendations so as to ensure preservation of their quality, appearance and fitness for work. I I I I I I I I I I I I I I I I I I I PRODUCTS AND WORKMANSHIP SECTION 01600 .4 Arrange materials so as to facilitate prompt inspection, and remove faulty, damaged or rejected materials immediately from site. 1.5 PRODUCT DELIVERY SCHEDULE .1 It is the responsibility of the Contractor to ensure that the supplier or distributor of materials specified or alternatives accepted, which he intends to use, has materials on the site when required. The Contractor shall obtain confirmed delivery dates form the supplier. .2 The Contractor shall contact the Owner immediately upon receipt of information indicating that any material item, will not be available on time, in accordance with the original schedule, and similarly it shall be the responsibility of all subcontractors and suppliers to so inform the Contractor. .3 The Owner reserves the right to receive from the Contractor at any time, upon request, copies of actual purchase or work orders of any material or products to be supplied for the work. 1.6 WORKMANSHIP .1 All work shall be carried out in accordance with the best trade practice, by mechanics skilled in the type of work concerned. .2 Products, materials, systems, and equipment shall be applied, installed, connected, erected, used cleaned and conditioned in accordance with the applicable manufacturer's printed directions. .3 Where specified requirements are in conflict with the manufacturer's written directions, follow manufacturer's directions. Where specified requirements are more stringent than manufacturer's directions, comply with specified requirements. End of Section I I I I I I I I I I I I I I I I I I I PROJECT CLOSEOUT Section 01700 1.1 OPERATING AND MAINTENANCE MANUALS .1 Provide operating and maintenance data, prepared on an 8 1/2 x 11" sheets imprinted or typewritten form, contained in D-ring binders with soft vinyl covers. .2 Manual contents shall be assembled in systematic order, generally following the specification format. Provide labeled cellusafe operating condition. .3 Binders shall have clear plastic pocket at abak of spine for identification. Insert label containing title "Operating and Maintenance Data", project name and volume number if applicable. .4 Include the following material in each manual; .1 Title sheet labelled "Operating and Maintenance Data" and listing project name, date, volume number, if applicable and names and addresses of Contractor, mechanical subcontractors, Consultant and sub-consultants. .2 List of Contents. If more than one volume is required, provide a cross-reference contents page at front of each volume. .3 Complete list of subcontractors and suppliers. .4 Copy of finish hardware list, complete with all amendments and revisions. .5 Schedule of paints and coatings. Include sufficient explanation to fully identifY each surface with the applicable paint or coating used. Enclose copy of colour schedule. .6 Maintenance instructions for all finished surfaces. .7 Brochures, cuts of all equipment and fixtures. .8 Operating and maintenance instructions for all equipment. .9 Extended warranties. .10 Maintenance contracts. .11 Other data required elsewhere in Contract Documents or deemed necessary by Owner. I I I I I I I I I I I I I I I I I I I PROJECT CLOSEOUT Section 01700 1.2 RECORD DRAWINGS 1.3 OPERATING INSTRUCTIONS 1.4 SUBSTANTIAL PERFORMANCE NOT APPLICABLE NOT APPLICABLE .1 Prior to requesting a Substantial Performance deficiency inspection submit the following: .1 Three copies of operating and maintenance manuals. .2 Two copies of inspection and acceptance certificate required from regulatory agencies. .2 Advise the Owner in writing, when the project has been substantially completed. If Owner agrees that this stage has been reached, prepare a complete list of deficiencies and submit one copy of this list to Owner. .3 On receipt of the above deficiency list in a satisfactory form, the Owner, the Contractor and his project superintendent, will carry out an inspection of the project. .4 Add to the deficiency list, any additional deficiencies which are identified during inspection and reissue updated deficiency list to all concerned. 1.5 TOTAL PERFORMANCE .1 Prior to requesting a final inspection do the following: .1 Submit a final request for payment incorporating all approved changes to the contract price, including adjustments to the cash allowances listed in Section 01020. .2 Upon completion of all items noted on the deficiency list, clean all areas, surfaces, and components affected by corrections and completion of deficient items, as directed by the Owner. .3 Ensure that all services, equipment, apparatus are properly tested and adjusted. .2 After all deficiencies have been corrected, submit a written request to the Owner for a final inspection. This inspection shall be carried out by the same parties involved in the Substantial Performance deficiency inspection. I I I I I I I I I I I I I I I I I I I PROJECT CLOSEOUT Section 01700 .3 If all deficiencies have not been corrected, in the opinion of the Owner, a final deficiency list will be prepared in the same manner as specified herein for the Substantial Performance Deficiency Inspection and the inspection procedure repeated until all items have been completed to the satisfaction of the Owner. End of Section I I I I I I I I I I I I I I I I I I I CLEANING Section 01710 1.1 GENERAL .1 Be responsible for cleanliness of site and structures to satisfaction of Owner. Maintain Work in neat and orderly condition at all times. .2 Periodically, or when directed by the Owner, remove from site and legally dispose of rubbish and waste materials. .3 Burning or burying of rubbish and waste materials on site is not permitted. .4 Use only cleaning materials recommended by manufacturer of surface to be cleaned. .5 Use cleaning material only on surfaces recommended by cleaning material manufacturer. 1.2 CLEANING DURING CONSTRUCTION .1 Remove debris, packaging, and waste materials frequently. .2 Keep dust and dirt to an acceptable level, as directed. .3 Remove oily rages, waste and other hazardous substances from premises at close of each day, or more often if required. 1.3 FINAL CLEANING .1 Prior to Substantial Performance, thoroughly clean all surfaces and components. Provide professional cleaning of all areas and surfaces to allow Owner to occupy without further cleaning. .2 Remove stains, dirt and smudges from finished surfaces. End of Section I I I I I I I I I I I I I I I I I I I EARTHWORK Section 02200 PART 1 - GENERAL 1.1 Description 1.2 Quality Assurance .1 1.3 Product Delivery, Storage & Handling 1. 1.4 Shoring & Bracing .1 .1 This section specifies site clearing, rough grading, excavation and backfilling, including all demolition and removal of work shown on the drawings. .2 Comply with all requirements of General Conditions. .3 Related work elsewhere: Section 02612 - Asphalt Paving Section 02614 - Concrete Section 02750 - Timber and Woodwork Section 02822 - Sodding Carry out compaction tests on compacted fill to ASTM D698- 70 for Standard Proctor Dry Density on the basis of 1 test for every 50 m2 in general fill areas and 1 test in every 5m in trenches. Pay all testing costs incurred. .2 Carry out grain size analysis on samples of each of granular fill to ensure that proper material is being placed. .3 Determine the quantity of water to be added to or removed from each type of fill to attain correct moisture content for compaction and maximum density. .4 Determine the in-situ density and moisture content of compacted fills. Stockpile existing topsoil or fill materials in locations designated by the Owner. Shore and brace all excavations sufficiently to prevent caving in and to support existing structures, road or servIces. .2 Ensure shoring is in accordance with local municipal and provincial regulations. Obtain all necessary permits. I I I I I I I I I I I I I I I I I I I EARTHWORK Section 02200 PART 2 - PRODUCTS 2.1 Materials PART 3 - EXECUTION 3.1 Demolition, Site Cleaning & Removals .3 Erect warning signs and protective barriers in accordance with local municipal and provincial regulations. .4 Make good any damage and be liable for any injury resulting from inadequate shoring or bracing. .1 General fill material: Clean, free from debris, organic matter and other deleterious material. .2 Granular fill material: As called for on the drawings and conforming in all respects with OPSS 1000 and 1010, latest edition. .1 Clear the site of all rubbish, rocks, boulders, tree stumps, and all other debris. Remove and dispose of debris off site. In areas that are to be lowered, or have the grade raised more than 100 mm, remove all shrub growth. .2 Cut down dead trees and trees to be removed and remove stumps to a depth of 600 mm below proposed finished grade. Remove and dispose of all wood and ships off site, fill hole with compacted topsoil and place new sod. .3 Excavate to remove all existing paving, where shown on the drawings and dispose of material off the site. Precast concrete pavers which are not chipped, broken, cracked or painted may be salvaged for re-use on site. .4 Removal includes granular base course material to existing sub-grade unless approved by the Owner for reuse on the site. I I I I I I I I I I I I I I I I I I I EARTHWORK Section 02200 3.2 Rough Grading .5 Remove material without damaging adjacent pavements which are to remain. Make clean, sharp sawcuts before starting removal work. Be responsible for making good damaged surfaces. .6 Remove other materials and surfaces as indicated on the drawings. .7 Temporarily remove existing fences, as required, to facilitate new construction work. Reinstall at the completion of construction to as-new condition. .8 Where instructed by the Owner, transplant existing plant materials as specified in Section 02823. .1 Where necessary, strip topsoil and stockpile as directed. .2 Cut back areas that are to be lowered to the grades shown on the drawings, allowing for the placement of topsoil. Obtain the written approval of the Owner before using excavated material as fill. Prior to placing fill material, scarifY the existing grade to a minimum depth of 75 mm. .3 Where existing grade is to be raised, supply and place fill material, approved by the Owner, in progressive 225 mm lifts (loose material depth). Compact each lift at 95% Standard Proctor Dry Density before placing subsequent layers. .4 Provide finished rough grade parallel to finished grade, allowing for the placing of the specified surface material and base and to a tolerance of plus or minus 12mm, and compacted to 95% Standard Proctor Dry Density under areas to be paved and 85% Standard Proctor Dry Density under areas to be sodded or planted. I I I I I I I I I I I I I I I I I I I 3.3 General Excavation EARTHWORK Section 02200 .1 .2 Stake out the locations of all items requiring excavation and obtain the approval of the Owner before commencing work. Dispose of excavated material off site unless it is approved for use as fill material and backfilling material by the Owner. .3 Excavate to the elevations and dimensions indicated or required for construction work. All depths detailed are shown as depth after compaction. .4 Obtain the approval of the Owner of all excavations before proceeding with construction activities. .5 Where bearing capacity of the subsoil appears to be insufficient, obtain the written approval of the Owner to have soil investigations carried out. Costs for such testing, if required, will be paid by the Contractor at cost. .6 Excavation exceeding that shown on the drawings, if authorized in writing by the Owner, will be paid as extra to the contract price in accordance with the General Conditions. Quantities will be calculated in place. Truck load measurement is not acceptable. .7 Fill extra excavations with concrete or as directed. .8 Correct unauthorized excavation to no extra cost. .9 Do not disturb soil within the branch spread of trees or shrubs that are to remain. If excavating through roots, excavate by hand and cut all roots with a sharp hand saw or chain saw. Seal cuts with approved tree wound dressing. Where excavation results in the loss of more than 20% of the root system of any tree, have the plant material top pruned by a qualified arboriculturalist to compensate for root loss. Pay all costs incurred. .10 Adjust all window wells in the contract area, to a minimum of 50 mm above the new patio level. Secure to unit wall. I I I I I I I I I I I I I I I I I I I EARTHWORK Section 02200 .11 Excavate post holes with a power auger or hand auger as required, to the depth and diameter indicated. Ensure adequate allowance is provided in the bid for hand digging of holes as no extra to the contract will be allowed. .12 Shape the bottom of excavations for areas that include subsurface drainage to drain to the pipe at 1 % minimum slope. 3.4 Excavation - Planting Pits & Beds .1 Excavate planting pits and beds to the following depths unless specified otherwise on the drawings: Deciduous & Coniferous shrubs 600 mm below finished. Deciduous & Coniferous trees 150 mm greater than the depth and width of the rootbal1. .2 For shrub beds, excavate to the depth noted in 3.4.1. and excavate the entire bed to provide 150 mm topsoil around the perimeter when all shrubs are installed at the correct spaCIng. 3.5 Backfilling .1 Do not commence backfilling until work has been approved by the Owner. .2 Ensure areas to be backfilled are free of debris, snow, ice water or frozen ground. .3 Place specified fill materials in continuous horizontal layers not exceeding 225 mm loose depth and compact to 95% Standard Proctor Dry Density. Take care not to damage damp proofing during backfilling operations. .4 Backfill simultaneously on both sides of walls equalize soil pressure. I I I I I I I I I I I I I I I I I I I EARTHWORK Section 02200 .5 Make good any settlement or subsequent damage to adjacent structures or to other work under this contact caused by improper or inadequate compaction. End of Section I I I I I I I I I I I I I I I I I I I ARMOUR STONE Section 02215 PART I - GENERAL 1.1 General Requirements .1 Comply with the requirements of Division 1. 1.2 Related Work .1 Earthworks Section 02200 PART n - PRODUCTS .1 All stonework shall be Armour Stone. .2 The intent of the project is to have exposed, the weathered rock face. There is a tolerance acceptable to adjust adjacent grades and rock elevations to avoid excessive splitting. .3 The stone shall be armour stone material, that is, having a complete weathered top surface. Colour to be buff or brown. .4 All tooled splitting shall be chiseled to represent a natural edge. .5 The stones shall be of thickness. As specified on drawings. .6 Sizes shall be as follows: A - 4 - 1000 x 1000 x 700 B - 5 - 2000 x 1400 x 800 C - 2 - 2500 x 1500 x 800 Position stones per layout plan. I I I I I I I I I I I I I I I I I I I ARMOUR STONE Section 02215 PART m - EXECUTION 3.1 EXECUTION .1 Have stone lowered into place by crane or alternate approved method. .2 Any damage to side of stone from unloading shall b repaired by chiseling. .3 The boulder must butt together sufficiently. .4 The plans do not intend to show exact boulder size, but do specifY elevations to be met. .5 Have the granular base compacted and inspected by the consultant prior to laying. End of Section I I I I I I I I I I I I I I I I I I I MASONRY Section 02410 PART I - GENERAL 1.1 General Instructions .1 Comply with the requirements of Division 1. 1.2 Related Work .1 Earthworks Section 02200 1.3 Shop Drawings NOT APPLICABLE PART n - PRODUCTS 2.1 Stonework .1 Stonework and coping shall be as detailed on plans. Submit sample to Owner. Order sufficient quantity and ensure that manufacturer sets aside sufficient for the project to ensure that there will be no undue variation in lots. 2.2 Blocks .1 Concrete Block - Block shall be autoclaved cured and dimensionally to stable sizes shown on drawings meeting requirements of following specifications: 1. Hollow load bearing units - ASTM C90-66T. 2.3 General .1 Masonry cement - shall comply with C. S.A. Specification CAN3 - A8. .2 Aggregate - shall conform to C.S.A. Specification A82.56 - M1976. .3 Water - shall be clean, potable and free from deleterious substances. .4 Reinforcement shall be placed as detailed on drawings and in conformance with CSA-A23-1. I I I I I I I I I I I I I I I I I I I MASONRY Section 02410 2.4 Mortar .5 Waterproofing admixtures for mixing with mortar, where specified, shall be of approved manufacture, delivered in standard containers clearly marked with the manufacturer's name and brand. .6 All bolts, anchors, etc. shall be galvanized or weatherproofed so as to prevent rusting through the stonework. .1 Mortar shall be mixed in quantities which can be used within one (1) hour. Re-tempered or frozen mortar will not be accepted. .2 Mix mortar according to manufacturer's instructions. Mortar shall be ASTM type "M" for foundation walls, type "N" for all other work. .3 Adjust consistency of mortar by maximum amount of water addition, consistent with work ability to provide maximum tensile bond strength. Keep air content in mortar to minimum. .4 Mortar shall be a colour, subject to approval. .5 Conform to CSA Standards, A179, A179M. PART m - EXECUTION 3.1 Inspection .1 All materials required for work described in this Section shall be subject to inspection, at the source of manufacture or supply or upon delivery on the site. .2 Any materials not meeting the requirements of this specification shall immediately be rejected and removed from the site. .3 Any materials damaged or otherwise not meeting the requirements of the specifications shall not be incorporated into the work and shall be removed. .4 Arrange for the Landscape Architect's inspection of all footings, foundations, etc., before backfilling. I I I I I I I I I I I I I I I I I I I MASONRY Section 02410 3.2 Permits and Fees 3.3 3.4 .1 The Contractor shall be responsible for obtaining all necessary permits prior to commencing work and he shall arrange for and pay for all fees for such permits. Laying Up .1 Lay true to line, level, accurately space courses in running bond. Keep bond plumb throughout. Lay corners and reveals, plumb and true. .2 Fill bed and vertical joints evenly and solidly with mortar. Fill vertical, longitudinal joints and all voids completely by parging, pouring full of grout or by shoving rock closures into place with head joints thrown against adjacent bricks. .3 Bond interior and exterior corners fully. .4 Concrete block joints where exposed shall be solid filled, unless specified otherwise. Ensure all joints are of uniform thickness, in straight lines. .5 Do not wet concrete block before laving. .6 Face stone to be anchored to block backup with truss ties as detailed. .7 In laying masonry, avoid overplumbing and pounding of corners and jambs after setting in position. After mortar has set, if adjustment required, remove mortar and replace with fresh mortar. .8 Where fresh masonry abuts partially or fully set masonry, clean exposed surface and dampen existing surface to obtain bond. .9 Conform to CSA Standard A371. Cleaning .1 Before starting cleaning operations, allow mortar to set and cure thoroughly. .2 Use cleaning agent as recommended by stone supplier's recommendations. .3 When directed, use cleaning agent first on sample panel and obtain approval of results from the Landscape Architect. .4 When muriatic acid is used for cleaning, was treated area with water immediately after use of acid. I I I I I I I I I I I I I I I I I I I MASONRY Section 02410 3.5 3.6 .5 The temperature of the air shall be maintained at not less than 4.5 degrees celsius form one (1) hour before commencement until at least forty-eight (48) hours after completion. .6 The use of admixtures to lower the freezing point of the mortar will not be permitted. .7 Provide adequate protection of finished work to prevent damage. .8 Protect all new work from rain or snow with tarpaulin or similar. Erection Tolerances .1 Variation from Mean Plane Walls shall be constructed as true planes and when tested with a 3,000 mm straight edge, placed anywhere on wall in any direction shall be true within 5 mm. .2 Variation from the Plumb Surfaces of columns and walls shall be plumb within 5 mm in 3,000 mm. .3 Variation from the Level Variation from the level for any masonry course shall not exceed 5 mm in any bay or 6,000 mm maximum. Protection .1 Be responsible for the protection of all work installed as specified hereinafter, until acceptance of the work. .2 Repair, replace or otherwise remedy any defects or damage to work incurred prior to acceptance, at no additional cost to the Owner. .3 Mortar shall not be used when the temperature of the air is below 4.5 degrees celsius at any time during the day, unless means are provided to maintain the temperature above 4.5 degrees celsius and protect the finished work from freezing. .4 Where required, stone shall be heated to a minimum temperature of 4.5 degrees celsius, but not more than 60 degrees celsius, and mortar to a temperature of not less than 21 degrees celsius, but not over 50 degrees celsius. End of Section I I I I I I I I I I I I I I I I I I I ASPHALT PAVING Section 02612 PART 1 - GENERAL 1.1 Description 1.2 Quality Assurance .1 This section specifies asphalt paving and asphalt resurfacing. .2 Related work: Section 02200 - Earthwork Section 02614 - Concrete Section 02822 - Sodding .1 The contractor must have a minimum of 5 years experience in asphalt paving work. .2 Plants providing asphalt paving mixture under this contract must conform to OPSS 310-04-02 to 04 inclusive. .3 Spreading equipment must meet the requirements ofOPSS 310-04-05 to 07 inclusive. .4 All asphalt paving work must be carried out to the OPSS 310-05-01 to 07 inclusive. .5 Provide a copy of all subsections, listed above, on site at all time. .6 Testing of asphalt cement, when required by the Owner, will be carried out, at no extra cost to the contract .and will be executed in accordance with ASTM D-140, latest edition. .7 Testing of asphalt emulsion, when required by the Owner, will be carried out, at no extra cost to the contract and will be carried out in accordance with ASTM-D244. Sampling procedures will follow ASTM-DI40. .8 Engage an independent, approved testing firm to carry out compaction tests on the completed granular base, one test per 50 m2 of area. Submit 2 copies of the test results to the Owner and obtain his approval prior to commencing asphalting operations. Pay all testing costs. I I I I I I I I I I I I I I I I I I I ASPHALT PAVING Section 02612 1.3 1.4 .9 Ensure that asphalt cement, asphalt primer and asphalt emulsion conform to the standards set out in the drawings and specifications. Product Delivery, Storage & Handling .1 Store granular materials in areas designated by the Owner. .2 Minimum temperature of asphalt is to be 130.C immediately after spreading and prior to rolling. Job Conditions Do not commence paving operations unless the surface temperature is steady at, or rising above 2.C. .1 .2 Proceed with paving operations only during favourable weather conditions and on a dry base. .3 Suspend all paving operations if the temperature drops below 2.C. .4 Spread subsequent paving courses within 12 hours after spreading and compaction of the previous course. .5 Where existing asphalt paving is to receive resurfacing, ensure that all areas of cracked or broken asphalt are removed and patched satisfactorily with new asphalt prior to proceeding with resurfacing operations. .6 Protect all adjacent areas and structures, particularly planted areas, from contamination by asphalt materials. Make good all damage. I I I I I I I I I I I I I I I I I I I ASPHALT PAVING Section 02612 PART 2 - PRODUCTS 2.1 Materials .1 Granular A: Granular material conforming in all respects with OPSS 1010. .2 Granular B: Granular material conforming in all respects with OPSS 1010. .3 Coarse aggregates: A crushed rock, slag or gravel or combination thereof, free of clay, silt and other deleterious materials. .4 Fine aggregates: Composed of clean, hard durable particles of natural sand, manufactured sand or screenings resulting from the crushing of rocks, stone or gravel and free of clay, slit or other deleterious materials. Fine aggregate for HL3 and HL4 must contain a minimum of 10% passing the 10 mm screen and retained on the #4 sieve. .5 Mineral filler: Finely ground particles oflimestone, hydrated lime or other mineral dust approved by the owner, free of clay, silt and other deleterious material. .6 Asphalt cement: Conforming in all respects with OPSS 310-1150. .7 Joint painting material: Slow setting asphalt emulsion, type SS-l conforming to OPSS 306. 2.2 Mixes .1 Paving mixture: A hot mix, hot (aid asphaltic concrete, of the type specified, and installed to the minimum compacte.d thickness shown on the drawings and composed of coarse and find aggregates, mineral filler, and asphalt cement uniformly mixed. I I I I I I I I I I I I I I I I I I I ASPHALT PAVING Section 02612 PART 3 - EXECUTION 3.1 Preparation 3.2 InstaUation .1 Fine grade subgrade eliminating uneven areas and filling low spots. Remove all debris. Excavate all soft and unstable areas in sub grade and backfill with Granular A. .2 Compact finished subgrade to 95% Standard Proctor Dry Density. .3 Where existing asphalt is to be resurfaced, clean all surfaces of soil, dust, leaves or other debris prior to paving. Ensure surface is free of standing water. .1 Spread the specified granular materials in horizontal layers not exceeding 100 mm loose depth and compact to 95% Standard Proctor Dry Density. In areas where compaction by roller is not possible, compact with approved mechanical or hand tamping devices to the specified density. .2 Ensure that granular does not become contaminated by deleterious material. .3 Build up thickness of each material to the minimum compacted thickness as specified on the drawings. .4 Correct all irregularities or depressions resulting from rolling and compact until the granular surface is smooth, uniform and true to line and grade. .5 Paint all curbs, gutters walls, vertical faces of existing pavement, and all structures in actual contact with the new asphalt with a sealing coat of SS-1 emulsion. Provide a closely bonded, water tight joint. .6 Lay and spread all paving courses by means of approved equipment. .7 Immediately after spreading and screening, check the surface and correct all irregularities before compacting. I I I I I I I I I I I I I I I I I I I ASPHALT PAVING Section 02612 .8 Ensure all joints are straight, clean, vertical and free of broken or loose materials. Cut back existing asphalt to provide a clean vertical surface. Paint the vertical surfaces of all joints with a thin, continuous coating of type SS-1 emulsion. .9 Compact each paving course, with approved rolling equipment, to 97% Standard Proctor Dry Density, or greater. Begin compaction operations as soon as possible after placement when asphalt will bare the weight without checking or undue displacement. Keep roller wheel moist so as not to pick up material. Keep all equipment clean and in good condition. .10 Carry out compaction in 3 operations in close sequence: .1 "Breakdown" rolling with two wheeled rollers as soon as possible after spreading. .2 Rolling with pneumatic tired or tandem rollers immediately after the first rolling to achieve the minimum specified density. .3 Final rolling with two or three axle tandem rollers to remove roller marks. .11 Hand tamp with hot tampers in areas not accessible to rolling equipment. .12 Hand tamp all edges adjacent to grass or planting beds to a 450 angle. Establish straight edge by the use of a string line. Where edge is not straight, lay in a smooth curve to the radii indicated. Where finished edge is not satisfactory, at the option of the Owner, the edge may be repaired by saw cutting to a 450 edge to the required line. Cut edge must be painted with liquid asphalt. I I I I I I I I I I I I I I I I I I I ASPHALT PAVING Section 02612 .13 After final rolling, surfaces shall be smooth and true to the specified grade and crown with the thickness of the courses varying no more than 6 mm from that shown on the drawing. At the option of the Owner, unsatisfactory surface roughness on the asphalt may be corrected by the application ofa coat of hot liquid sealer, at the contractor's expense. .14 Ensure a minimum surface slope of 1.5% or as specified, away from edges and curbs and towards catch basins on all asphalt re-surfacing operations. .15 Ensure the surface is free from depressions greater than 6 mm under a 3000 mm straight edge. 3.3 Clean-up .1 At the completion of asphalt operations and prior to final inspection, clean all curbs, catch basins, manhole covers, walls, and other structures to remove contamination by asphaltic or other materials resulting from the work. End of Section I I I I I I I I I I I I I I I I I I I CONCRETE Section 02614 PART 1 - GENERAL 1.1 Description 1.2 Quality Assurance .1 This section specifies the supply and installation of concrete for paving, slabs and curbs. .2 Related work: Section 02200 - Earthwork Section 02822 - Sodding .1 The contractor must have a minimum of 5 years experience in concrete work. .2 All materials must conform to CSA CAN 3-A.23-1-M77, latest edition (metric). A copy must be kept on site at all times during construction. .3 Furnish the Owner with a certificate prepared by the Ready- Mix concrete suppliers stating that all requirements regarding strength, slump, air entrainment, mix materials, and ratio have been met and maintained. .4 Prior to pouring concrete, obtain the approval of the Owner of all form work, placement of reinforcing steel, consolidation of subgrade and placement and consolidation of granular base. .5 When required by the Owner, have core tests taken at not less than 30 m intervals, to determine the actual thickness fo the slab. Pay all costs incurred. Patch slab to the satisfaction of the Owner at no extra cost.. .6 When required by the Owner, have all concrete tested for compressive strength, slump and air contact, in accordance with CSA CAN 3-A23.2-M77. Submit test reports in duplicate and pay all costs incurred. I I I I I I I I I I I I I I I I I I I CONCRETE Section 02614 1.3 Product Delivery, Storage & Handling .1 .7 Ensure work complies with the Ontario Building Code and all pertinent local bylaws and regulations. These shall govern in case of conflict with the specification. Obtain and pay for all necessary permits before starting work. Store all materials in accordance with CSA CAN 3-A.23.1- M77, latest edition. .2 Store reinforcing steel on racks or skids. Protect from contamination by dirt or other materials. .3 Store forms off the ground and sufficiently supported to prevent warping or distortion. Protect from contamination by oil, grease, water, earth, etc. .4 All concrete is to be ready mixed at plant and transported to the site by truck in accordance with CSA CAN 3-A.23.1- M77. .5 Convey concrete from the mixer to the place of final deposit as rapidly as possible, with as little rehandling as is practical. Avoid segregation and/or loss of material. .6 Place concrete in final position and at such a rate that it remains plastic at all times and flows readily between reinforcement, into all corners and crevices and around all embedded fixtures. Pour in a continuous operation between expansion joints. .7 ThorougWy clean all equipment, used for mixing or transporting of concrete, of all hardened concrete and foreign material prior to placing concrete. .8 Do not allow concrete to be contaminated by foreign materials. Do not use retempered concrete unless approved in writing, by the Owner. .9 Obtain the approval of the Owner ofthe type, number and method of use of mechanical vibrators. Do not operate a vibrator for longer than 10 seconds in anyone location. I I I I I I I I I I I I I I I I I I I CONCRETE Section 02614 1.4 Job Conditions 1.5 Inspection PART 2 - PRODUCTS 2.1 Materials .10 Maintain constant control to ensure that finished concrete is dense, uniform, free of air holes or honeycombs and that no segregation of aggregates and cement paste occurs. .1 Protect all concrete surfaces form damage or harmful effects of weather, water, mechanical shock or trespassers until concrete is properly cured. .2 If temperature is expected to drop below 5.C, place and protect concrete in accordance with AC1.605. .1 Obtain the approval of the Owner of the layout, compacted sub-grade, compacted granular base, formwork and reinforcing before proceeding with subsequent work. .1 Granular A and Granular B: Granular material conforming in all respects with OPSS 1010, latest edition. .2 Portland cement: Standard grey portland cement, conforming to CSA CAN3-A5-M83, type to normal. .3 Aggregates: Nominal size as specified and conforming to CSA CAN 3-A.23.1-M77 latest edition.. .4 Water: Clear and free of deleterious substances or efflorescing salts. .5 Air entraining admixtures: Conforming to CSA CAN 3- A266.1-78 and of approved manufacturer. .6 Reinforcing Steel: Conforming to CSA G-30.12-M77 for bars, CAS G30.5-M82 for welded steel wire mesh and OPSS 1440. .7 Expansion joint: Premoulded bituminous impregnated fibre board conforming to ASTM 01751-73 of thickness and depth specified. I I I I I I I I I I I I I I I I I I I CONCRETE Section 02614 2.2 Mixes PART 3 - EXECUTION 3.1 Preparation 3.2 Granular Base .8 .9 Curing Compounds: Clear liquid chlorinated rubber to ASTM C309 and OPSS 1315. Damp Proofing: As specified and conforming to CGSB 38-GP-2M and 37-GP-3M. .10 Formwork: Conforming to CSA CAN 3-A23.1-M77 and ACI-347 and of sound wood, in good condition and equal or better than NO.2 grade construction spruce and/or 19 mm Douglas fir plywood, with the surface treated to produce a smooth concrete finish. .1 Mix concrete materials in accordance with CSA CAN 3- A23 .IM- 77, in the proper proportions and ratios to provide a finished product as specified. Concrete mix shall meet the following requirements: Compressive strength 32 Mpa at 28 days; 100mm slump at point of deposit; air entrainment 6% (+ or - 1 %). Unless noted otherwise on the drawings or details, all concrete is to be 32 Mpa strength. .2 With the exception of air entraining agents, other admixtures may only be used with the written approval of the Owner. The use of agents to lower the freezing point of the mix will not be permitted. .1 Fine grade subgrade eliminating uneven areas and filling low spots. Remove all debris. .2 Compact finished subgrade to 95% Standard Proctor Dry Density. .1 Spread the specified granular materials in horizontal layers not exceeding 100 mm loose depth and compact to 95% Standard Proctor Dry Density. In areas where compaction by roller is not possible, compact with approved mechanical or hand tamping devices to the specified density. .2 Ensure that granular does not become contaminated by I I I I I I I I I I I I I I I I I I I CONCRETE Section 02614 3.3 Form Work 3.4 Reinforcement deleterious material. .3 Build up thickness of each material to the minimum compacted thickness as specified on the drawings. .4 Correct all irregularities or depressions resulting from rolling and compact until the granular surface is smooth, uniform and true to line and grade. .5 When required by the Owner, have the compaction of the granular materials tested by an approved, independent testing firm. Submit 2 copies of the test results to the owner and obtain his approval prior to pouring concrete. Pay testing costs incurred. .1 Erect forms in such a manner as to facilitate dismantling and removal without damaging concrete. .2 Erect forms true to line and level in accordance with the drawings, and sufficiently braced to maintain their form and alignment when concrete is placed. .3 Prior to each pouring operation, coat affected form surfaces with an approved form separating material. .4 Provide for all openings, sleeves, hangers, anchors and ties to be cast into the concrete. .5 Do not use treated plywood for exposed surfaces more than 5 times. Do not use plywood if surface is damaged. .6 Obtain the approval of the Owner of all form work before proceeding. .1 Before placing reinforcement, clean all loose scale, dirt and any other coating that would destroy or reduce bonding to concrete. .2 Place all reinforcement accurately in accordance with the drawings and/or approved shop drawings. Use approved I I I I I I I I I I I I I I I I I I I CONCRETE Section 02614 3.6 Placing of Concrete .1 chairs, spacers, hangers or ties to secure the reinforcing in position. .3 Unless directed otherwise, provide the following minimum concrete cover over reinforcing: .1 50 mm where concrete is deposited against soil. .2 50 mm for bars larger than 10 m and 40 mm for bars smaller than 10m where concrete is exposed to weather. .4 Stop reinforcing on each side of expansion joints. Where dowels are indicated, cast one half into one side of the joints. The exposed half shall be machined smooth and heavily greased before placing adjoining sections. .5 Locate control joints as shown on the drawings. Ensure joints are to a minimum depth of 1/4 the thickness of the concrete. Make joints by one of the following methods: .1 Sawed joints. .2 Hand formed and hand tooled. .3 Inset joints placed in plastic concrete. .6 No offsets will be allowed between adjacent sections of joint fillers and no plugs of concrete will be permitted anywhere within an expansion joint. .7 Apply joint sealant in accordance with the manufacturer's directions. Ensure joints are clean and free of any foreign substances before sealing. Clean any sealant spilled on concrete surface immediately. .8 Install water stops as detailed. Join adjacent pieces of water stop materials in accordance with the manufacturer's specifications and using recommended adhesives. Place concrete by approved means and using approved equipment. I I I I I I I I I I I I I I I I I I I CONCRETE Section 02614 3.7 Finishing .2 Do not place concrete until formwork and grades have been inspected by the Owner. .3 Transport concrete from mixer to point of deposit, and place in final position as quickly as possible to prevent separation and loss of materials. .4 While placing concrete, compact thoroughly and uniformly by approved means to ensure a dense homogeneous structure free of air pockets, and honeycombs and closely bonded with reinforcement. .1 Treat and finish all surfaces as directed or specified and in accordance with CSA CAN 3-A23-1-M77. .2 Strike off and float all exposed paving surfaces as soon as possible after consolidation and in accordance with recommendations of the Portland Cement Association. Execute final finishing as specified on the drawings or as directed by the Owner. .3 Ensure finished surface is true to line and level as shown on the drawings. Walks adjacent to curbs will have a pitch of 200 mm per meter towards the curb. Other walks will be pitched as shown on the drawings. .4 All irregularities greater than 6 mm under a 3000 mm straight edge, operated parallel to the centre line, must be repaired. .5 Obtain approval of the Owner of finished surfaces before starting curing operations. .6 Immediately after stripping form work, obtain the approval ofthe Owner before commencing patching, finishing or curing operations. I I I I I I I I I I I I I I I I I I I CONCRETE Section 02614 .7 The extent, method and type of mix for patching shall have the approval of the Owner before commencing work. Ensure patching mix contains an approved bonding and waterproofing agent and that it is installed in accordance with the manufacturer's specifications. 3.8 Curing .1 Keep concrete moist for at least 3 days after placement, in accordance with CSA CAN-A231-M77. .2 Method of curing shall be as specified or by one of the foUowing approved methods ifnot specified: .1 Moist curing. .2 Waterproofing paper or white polyethylene sheeting. .3 White liquid membrane compound. .4 Combination of above methods. .3 Moist Curing: Use burlap or approved equal. Ensure it is thorougWy wet when applied and kept continuously wet and in fuU contact with the surface during the curing period. .4 Waterproof paper or white polyethylene sheeting: Ensure sheet is large enough to cover entire concrete surface. Secure to prevent displacement during curing period. Immediately repair any tears or holes. .5 White liquid membrane compound: Apply at the rate of 1 litre per 5 square meters after final finishing and all free water has disappeared. Keep membrane compound agitated to prevent settling of compound. Apply membrane compound to edges immediately after formwork is removed. Ensure a continuous and unbroken membrane cover is applied. 3.9 Clean-up .1 Clean and remove all concrete spills from the site. End of Section I I I I I I I I I I I I I I I I I I I P.V.C. SUB-DRAIN Section 02712 PART I - GENERAL 1.1 General Instructions 1.2 Related Work .1 Comply with the requirements of Division 1. .1 Earthworks Section 02200 PART n - PRODUCTS 2.1 Pipe 2.2 Filter 2.3 Miscellaneous .1 Pipe to be perforated Big "0" manufactured by the Big "0" Company, Exeter, Ontario or equal. It shall be polyvinyl cWoride, CSA approved. .1 Filter sock to be continuous Knitted polyester. .1 All couplings, tees, end caps, reducers, elbows, etc. to be PVC, securely fastened. PART m - EXECUTION .3.1 Inspection 3.2 Excavation .1 Obtain the Owner's approval prior to backfilling trenches. .1 All areas for drainage shall be excavated to the specified depths as shown on drawings and details. .2 Excavate trenches in straight lines and if deviation from plans occur, approval by Owner is required. .3 Dewater trenches if required during rain periods. I I I I I I I I I I I I I I I I I I I P.V.C. SUB-DRAIN Section 02712 3.3 Backfilling 3.4 Installation .1 Backfilling with materials as indicated on the draWings, to 90% S.P.M.D.D. around the pipe. Backfill in 225mm lifts and consolidate each layer offill. .2 Fill materials above the drainage pipe shall be mechanically compacted, up to the finished grade, to 95% S.P.M.D.D. Be responsible for making good any subsequent settlement offill and/or work placed on top of it. .1 Place pipe with holes facing downward. .2 At all ends, install insert end caps. .3 Ensure a continuous fall of minimum 1.0% is achieved. .4 Fully grout and patch at point of connections to any catch basin and/or manhole. End of Section I I I I I I I I I I I I I I I I I I I TIMBER AND WOODWORK Section 02750 PART 1- GENERAL 1.1 1.2 1.3 1.4 1.5 Description This section specifies the supply and installation of timber and wood elements for the park structure and signage and other elements as identified in the drawings. .1 .2 Comply with all requirements of the General Conditions. .3 Related work: Section 02200 - Earthwork Section 02612 - Asphalt Paving Quality Assurance .1 All work must be executed by skilled tradesmen having at least 5 years experience in this type of work. .2 All pressure treated wood must be done in accordance with CSA 080-M1983 wood preservation. All material to be inspected and stamped by the Canadian Wood Preservers Bureau (CWPB). .3 All wood must comply with the grade specified. Product Delivery, Storage & Handling .1 Protect all materials from harmful exposure during transportation to the site. .2 On delivery, store all materials off the ground and protect from adverse conditions to prevent deterioration, damage, or impairment of structural or other essential properties. .3 All damaged or deteriorated materials will be rejected and must be removed from the site immediately. Job Conditions Check and verifY all site dimensions governing the fabrication of shop made items and report any discrepancies immediately to the Owner. .1 Sample Panel When instructed by the Owner, erect a sample section, minimum 2400mm long. Have sample approved before proceeding. Ensure all other work conforms to sample panel. .1 I I I I I I I I I I I I I I I I I I I TIMBER AND WOODWORK Section 02750 1.6 Inspection PART 2 - PRODUCTS 2.1 Materials .1 All timber, wood and plywood which has been pressure treated, must bear on inspection label of the CWPB. .2 Make all pressure treated items available for inspection by the Owner at the place of treatment, before shipment to the jobsite. .3 Obtain the approval of the Owner of the complete installation before applying finish. .1 Pressure treated timber and lumber: grade and type specified on the drawings, confirming to CSA 0141 for nominal size, fully incised before pressure treatment, with minimum penetration of 13mm on all faces and pressure treated to the densities as stated in CSA 080-MI983. All timber and lumber must be straight, sound and free of splits, warps, checks, large knots or other defects. Preservative must be water based material. .2 Nails, spikes, bolts, lag screws, etc. are to be hot dipped galvanized. All galvanizing shall be hot dipped galvanizing after fabrication with 60mg minimum weight of zinc coating in accordance with CSA G164-1964(R1972). .3 Finishes: metal primer conforming to CGSB IGP40M, galvanized metal primer conforming to CGSB IGPI6, exterior enamel conforming to CGSB 1 GP59M, stain conforming to CGSB IGPI45D. 'I I I I I I I I I I I I I I I I I I I TIMBER AND WOODWORK Section 02750 PART 3 - EXECUTION 3.1 Installation .1 Layout all work true to line and level, plumb and true. Accurately place structural supports and members in position and brace securely to remain plumb and true until permanently fixed. .2 Ensure structural supports and members are capable of safely supporting imposed loads. Report any discrepancies immediately to the Owner or Consultant. .3 Execute all fastening with nails, spikes, bolts, or framing anchors as detailed. Counter sink all exposed bolts and nuts. Drill bolt hole 2mm larger than diameter of bolt and after final installation, pean all bolts over to prevent removal of nuts. .4 All exposed wood edges are to be chamfered 13mm or as detailed. 3.2 Maintenance of Guarantee 3.3 Substitutions .1 Maintain all wood work from time of installation until acceptance of work. .2 Be responsible for all damages from whatever cause during period of maintenance and make good at no extra cost. .1 Substitutions for the materials specified, will be permitted only when approved in writing by the Owner or Consultant. .2 Submit request for substitution in writing and be prepared to submit sample of proposed substitutions, when required by the Owner or Consultant. .3 Proposed substitutions shall meet the requirements ofthe specifications in every respect. I I I I I I I I I I I I I I I I I I I II TIMBER AND WOODWORK Section 02750 .4 When a substitution results in a change in cost, submit cost details when applying for substitution. Be prepared to submit complete cost breakdown when requested by the Owner or Consultant. 3.4 Finishing .1 Finish all non pressure - treated timber installations with 2 coats of stain, colour to the approval of the Municipality, unless, otherwise, directed in the drawings. .2 finish all exposed metal work with 1 coat of galvanized metal primer and 2 coats of enamel, colour to be specified at time of installation. .3 All exposed and cut edges or faces of pressure treated timbers shall be painted with two coats of Copper naphthenate or pentachlorephenal solution to meet specified requirements ofC.S.A. Standard 080. The first coating shall be completely dry prior to the application ofthe second coat. 3.5 Clean-up .1 After completion of wood work, remove all debris and excess materials off the site and maintain are neat and tidy. .2 Clean all contaminated surfaces resulting from painting and finishing work. .3 Make good all damage to other work resulting from carpentry work. End of Section I I I I I I I I I I I I I I I I I I I SODDING Section 02822 PART 1- GENERAL 1.1. Description .1 This section specifies the supply and placing of cultivated sod. .2 Related work: Section 02200 - Earthwork 1.2 Quality Assurance .1 The contractor must have 5 years experience in sodding work. 1.3 Product Delivery Storage & Handling .1 Deliver sod to site within 24 hours of being harvested and lay sod within 48 hours thereafter, depending on suitable weather conditions and in accordance with good horticultural practice. .2 Small irregular or broken pieces of sod will not be accepted. 1.4 Sample .1 Complete the installation of one sample panel of sod of a minimum 25 m2 (one side minimum 2.0 m) and have inspected and approved by the Owner prior to proceeding with the balance of sodding operations. All other work shall conform to this approved sample. 1.5 Inspection .1 Obtain the approval of the Owner of the finished topsoil surface before proceeding with sodding. 1.6 Acceptance .1 Maintain sod in good condition until acceptance. .2 At the time to acceptance, the grass must not be more than 65 mm high. Minimum acceptable cutting height is 45 mm. .3 Acceptance will be given when the sod is properly rooted, free of bare and dead spots and reasonably free of weeds in the opinion of the Owner. .4 Replace any deteriorated sod with new sod at the direction of the Owner. I I I I I I I I I I I I I I I I I I I SODDING Section 02822 PART 2 - PRODUCTS Materials .1 2.1 .2 PART 3 - EXECUTION 3.1 Preparation. 1 Grass sod: Certified No. 1 grade cultivated turf grass sod with a composition of 50% Kentucky Blue Grass and 50% Blue Cultivar either "Fylking" or "Baron" or as specified on the drawings, grown and sold in accordance with NSGA classifications. At the time of sale it must have a strong, fibrous root system and be free of stones and burned or bare spots. Sod pegs: 25 mm x 25 mm x 230 mm (minimum length). Ensure pegs are long enough to securely anchor sod. .3 Topsoil: A fertile, friable, natural loam; containing not less than 4% organic matter for clay loams and not less than 2% organic matter for sandy loams to a maximum of 15% , and capable of sustaining vigorous plant growth, free of subsoil contamination, roots and stones over 5 mm diameter, reasonably free of weeds (as determined by the Owner), and having a pH ranging from 6.0 to 7.5. .2 Rototill all areas that are to receive new sod. Cultivate to a minimum depth of 100 mm. Remove all rocks, roots and grass or weed clumps from the surface. Compact surface to 85% Standard Proctor Dry Density. ScarifY to depth of25 mm before placing additional topsoil or sod. .3 I I I I I I I I I I I I I I I I I I I SODDING Section 02822 3.2 Spreading of Topsoil .1 Spread dry topsoil during dry weather over approved, dry, unfrozen subgrade where sod is to be installed. .2 Keep topsoil 40 mm below finished grade for sodded areas. .3 Fine grade topsoil eliminating rough and low areas and to ensure positive drainage. .4 Roll topsoil with a 50 kg roller to compact and retain surface. Finished depth of prepared topsoil to be minimum 100 mm. .5 Provide a finished topsoil surface that is smooth and firm against footprints with a fine, loose texture before sod is placed. 3.3 Installation .1 Lay sod with tight butt joints. Do not leave any open joints or overlap adjacent pieces of sod. Alternate joints on each row of sod. .2 Ensure finished sod surface is flush with adjoining grass areas, pavement or top surface of curbs. .3 On slopes steeper than 4: 1, lay sod perpendicular to the slope and peg each row at intervals of not more than 600 mm on each side of the sod strip. Drive pegs flush with surface of sod. .4 Immediately after installation, water the sod with sufficient quantity of water to penetrate the sod and the top 50 mm of the underlying topsoil. .5 Apply 50.20.20 slow release commercial fertilizer at the rate of 10 kg per 100 square metres. .6 When sod has dried sufficiently to prevent damage, roll all sodded areas to ensure a good bond between sod and topsoil. I I I I I I I I I I I I I I I I I I I SODDING Section 02822 .7 Protect all newly sodded areas with warning signs or barricades. End of Section I I I I I I I I I I I I I I I I I I I PLANTING Section 02823 PART 1 - GENERAL 1.1 Description 1.2 Quality Assurance .1 1.3 Product Delivery, Storage & Handling .1 .1 This section specifies the supply and planting oftrees, shrubs and ground covers. Related work: Section 02200 - Earthwork. Supply manufactured items such as super phosphate, mulch, etc., in standard containers, clearly indicating contents, weight, component analysis, and the name of the manufacturer. .2 Store all manufactured materials, subject to deterioration, in a weatherproof place on site and in such a manner that their effectiveness is not impaired. .3 Supply plant material as specified on the plant list. .4 Dig material, specified "B.R." (bare root) on the plant list, while in a dormant state and with the majority of the roof system intact. Immediately after digging, wrap the roots in wet burlap and keep burlap wet during transport and storage. .5 Provide al material, specified "B. & B." (Balled and burlapped) on the plant list, with a solid, earth rootball, wrapped in burlap. .6 Do not plant material on which the rootball has been cracked or broken preparatory to or during the planting process. .7 Provide rootballs of the following minimum sizes to meet the corresponding tree size. Ensure the rootball is large enough to accommodate at least 75% of the fibrous root system. I I I I I I I I I I I I I I I I I I I PLANTING Section 02823 .8 .9 .10 .11 .12 .13 .14 Deciduous Trees Calioer 60mm 80mm 90mm Root Ball Diameter 80cm 90 cm 1. 00 cm Coniferous Tree Height 1.50 m 2.00m 2.50m 3.00m Root Ball Diameter 60 cm 70 cm 80cm 90cm Cut all roots cleanly when digging plants. Split roots are not acceptable. Cut roots even with the edges of the rootball. Paint all cut roots over 13 mm diameter with approved tree wound dressing. Protect all plant material from damage and breakage. Protect all parts of the plant material from drying out from the time of digging until they are installed. Do not transport plant material in an open truck unless it is adequately protected from sun and wind. Carefully tie in all branches before transporting. Pad all points of contact between plant material and equipment. Heel in any plant material that cannot be planted during the current day's operations. Keep all roots and rootballs moist prior to planting. I I I I I I I I I I I I I I I I I I I PLANTING Section 02823 1.4 Job Conditions .1 Proceed with planting operations during suitable weather conditions. 1.5 Substitutions .1 Make plant material available for inspection at source by the Owner. .2 Approval of plant material at source will not impair the right of the Owner to inspect plants upon arrival on the site or during the course of construction and to reject plants which have been damaged, or which, in any way, do not conform to the specifications. .3 If partial acceptance is desired, give notice to the Owner in writing. .4 Partial acceptance will be given when planting work has been delayed due to circumstances beyond the control of the contractor or where planting would be in conflict with good horticultural practices and would jeopardize the performance. .5 Final inspection of all plant material will be made at the end to the specified guaranty period. All plants must be in a healthy growing condition at the time of this inspection. 1.7 Maintenance .1 Maintenance shall include all measures necessary to establish and maintain all plants in a vigorous and healthy growing condition, including but not limited to: .1 Cultivating and weeding of planting beds and tree. pits. Use herbicides in accordance with the manufacturer's directions. Make good any damage, resulting from herbicide use at no extra cost. .2 Watering when required and in sufficient quantities to saturate the root system. I I I I I I I I I I I I I I I I I I I PLANTING Section 02823 1.8 Guaranty PART 2 - PRODUCTS 2.1 Plant Materials .3 Pruning, including the removal of dead or broken branches, and treatment of pruning wounds with approved dressing. .4 Disease and insect control when required. Use chemical methods in accordance with the manufacturer's directions. Make good any damage at no extra cost. .5 Keep all accessories in good condition and properly adjusted. Repair or replace accessories when required at no extra cost. .2 At the time of acceptance, all material must be in a healthy vigorous growing condition. Beds and tree pits must be freshly cultivated and free of weeds, rubbish or debris. .1 During the guaranty period, replace all material that is dead or not in a satisfactory, healthy growing state or which does not meet the requirements of the specifications, at no extra cost to the contract. .2 All replacements must be plants of the same size and species as shown on the plant list, supplied and planted in accordance with the drawings and specifications. .1 All plant material must be nursery grown and meet the specifications set out in the latest Guide Specifications for Nursery Stock prepared by the Canadian Nursery Trade Association (CNTA) for size, height, spread, grading, quality and method of cultivation. I I I I I I I I I I I I I I I I I I I PLANTING Section 02823 .2 Nomenclature of specified plants shall conform to the International Code of Nomenclature for Cultivated Plants and the latest edition of Standardized Plant Names. .3 Any plant materials not conforming to 2.1.1 above will be designated as collected plants. .4 Collected plants may only be used when approved in writing by the Owner. .5 Plant Material: True to name and type, structurally sound, well branched; healthy and vigorous and free from disease, insect infestations, rodent damage, sun scale, frost cracks, and other abrasions to the bark and densely foliated with a healthy, well developed root system. Pruning wounds must show vigorous bark on all edges and all parts must show live and green cambium tissue when cut. .6 All material must conform to the sizes shown on the plant list, except that larger material may be used when approved by the Owner. Use oflarger plants will not increase the contract price. .7 Plant material sizes must conform to the following standards: .1 Caliper - diameter of the trunk measured 150 mm above the normal grade around the plant. .2 Height - Measured from the normal grade around the plant to the top of the main foliage mass. I I I I I I I I I I I I I I I I I I I PLANTING Section 02823 2.2 Other Material .3 Spread - The diameter of the main foliage mass, at its widest point. .1 Topsoil: A fertile, friable, natural loam; containing not less than 4% organic matter for lay loams and not less than 2% organic matter for sandy loams to a maximum of 15% and capable of sustaining vigorous plant growth, free of subsoil contamination, roots and stones over 50 mm diameter, reasonably free of weeds (as determined by the Owner) and having a pH ranging from 6.0 to 7.5 .2 Peat Moss: Partially decomposed fibrous form of cellular stems and leaves of sphagnum moss, free of woody substance and harmful mineral matter, having a pH range of 4. 5 to 6.0 and furnished in air dry state packed in standard bags or bales showing the name of the manufacturer. .3 Tree Wrap: 225 g burlap supplied in strips 150 mm minimum to 250 mm maximum width or heavy, waterproof crepe paper 100 mm to 150 mm wide. .4 Anchor Stakes: Metal 'T' bars 38 x 38 x 5 mm - 2500 mm long. .5 Wire: #9 gauge galvanized wire for trees 75 mm caliper or larger and # 11 gauge galvanized wire for smaller trees. I I I I I I I I I I I I I I I I I I I PLANTING Section 02823 2.2 Mixes PART 3 - EXECUTION 3.1 Preparation 3.2 Installation of Plant Material .6 Hose: Two ply, reinforced, 13 mm diameter, new, black rubber garden hose. .7 Mulch: Peat moss as outlined in 2.2.2 above. .8 Tree Guard: #10 gauge - 50 x 50 mm electro weld wire mesh, 1500 mm high. .1 Provide standard planting soil mix as follows: 5 part topsoil to 1 part peat moss. .2 Add superphosphate at the rate of. 75 kg per cubic metre and mix thoroughly for each tree or planting bed. .3 Be prepared to adjust the above rate in response to the soil analysis report. .1 Obtain the approval of the Owner of all planting excavations as outlined in Section 02200. .2 Apply topsoil to a depth of 600 mm for shrub and ground cover beds. .1 Ensure width of all planting excavations is 150 mm greater on all sides than the width of the rootball. I I I I I I I I I I I I I I I I I I I PLANTING Section 02823 3.3 3.4 Installation of Plant Accessories .1 Pruning .1 .2 Place plant plumb in the centre of the planting pit with a minimum of 150 mm of compacted planting soil mixture under the rootball. Face the plant to give the best appearance or relationship to adjacent structures. Cut away any ropes which might girdle the tree. Remove any part of the wire basket which is on top of the rootball. .3 Place bare root plants so that the roots lie in a natural position. .4 Backfill with planting soil in 150 mm layers and firmly tamp each layer to ensure the plant remains plumb. Ensure no air pockets remain around the roots. .5 Water thoroughly when hole is Y, full of tamped soil mixture and again when the operation is complete. .6 Except for plants in planting beds, construct an earth saucer around each plant equal to the diameter of the rootball and 50 mm minimum depth to retain water around the roots. Wrap all trees over 50 mm caliper. Apply wrapping in a spiral manner from grade to above the second branch. Secure wrapping with suitable cord. .2 Stake or guy all trees as outlined in the drawings and detail. Prune plants after planting to compensate for root loss and in such a manner that the natural shape and character are retained. Do not cut a leader. Use only clean and sharp tools. Treat all wounds and cuts over 13 mm diameter with approved tree wound dressing. I I I I I I I I I I I I I I I I I I I PLANTING Section 02823 3.5 3.6 3.7 Mulching Transplanting Existing Trees Clean-up .1 Where a mulch is called for, place a minimum 25 mm depth of peat moss over the planting area. Work mulch in to the top 50 mm of topsoil. No other type of mulch is acceptable unless approved in writing by the Owner. .1 Size of rootball: 12 times the tree caliper measured 300 mm above grade and deep enough to enclose 75% of the existing root system. .2 Double burlap and drum lace rootball before moving. .3 Size of new planting pit is to be in accordance with 3.2.1 and 150 mm deeper than the depth of the rootball. .4 Plant, guy or stake and prune as outlined in 3.2, 3.3 and 3.4. .1 At the completion of planting operations, remove all surplus material from the site at no extra cost. .2 Make good all damage resulting from planting operations at no extra cost. End of Section I I I I I I I I I I I I I I I I I I I SITE FURNITURE Section 02870 PART I - GENERAL 1.1 General Instructions .1 Comply with the requirements of Division 1. 1.2 Related Work 1. Earthworks 2. Concrete 3 . Cast in Place Section 02200 Section 02614 Section 03300 PART n - PRODUCTS .1 Supply and install the following products: A. Bench type 6' recycled plastic benches with backrest Model # 131-60PL. B. Bench type 6' backless recycled plastic benches Model # 132-60PL. C. 22 gallon recycled waste receptacle Model # 85-22PL. As supplied by ABC Recreation 1-800-267-5753 or approved equal. PARTm - EXECUTION .1 Install all products in locations shown in accordance with manufacturer's instructions. .2 Ensure grades below furniture are horizontally level. End of Section I I I I I I I I I I I I I I I I I I I BIKE RACKS AND BOLLARDS Section 02872 PART I - GENERAL 1.1 Generallnstructions .1 Comply with the requirements of Division 1. 1.2 Related Work .1 Earthworks .2 Concrete Section 02200 Section 02614 1.3 Shop Drawings NOT APPLICABLE PART n - PRODUCTS .1 Supply and install the following products: Bollard Windsor Model as supplied by Trystan Telephone 1-519-632-7427. PARTm - EXECUTION 3.4 Installation .1 Install all products in locations shown in accordance with manufacturer's instructions and detail. .2 Ensure grade below bike rack are horizontally level. End of Section I I I I I I I I I I I I I I I I I I I PLAYGROUND Section 02878 PART I - GENERAL 1.1 Generallnstructions .1 Comply with the requirements of Division 1. 1.2 Related Work .1 Earthworks .2 P.V.C. Sub-Drain .3 Concrete Section 02200 Section 02712 Section 02614 1.3 Base Bid .1 Tendered price is based upon model specification, and not unauthorized alternatives. PART n - PRODUCTS 2.1 Sand .1 Sand to be a clean washed concrete sand. 2.2 Equipment .1 Equipment to be as detailed on plans. 2.3 Miscellaneous .1 Concrete and sub-drainage work shall meet requirements of each related section. .PART m - EXECUTION 3.1 Installation .1 Place drainage pipe in accordance with plans and connect to specified catch basins. Connection methods must meet local municipal standards. .2 Stake out playground and obtain approval. .3 Coordinate with playground installers the location of the apparatus. Dispose offooting excavation. I I I I I I I I I I I I I I I I I I I PLAYGROUND Section 02878 .4 Place and make level clean concrete and to a minimum as specified on drawings. .5 All structures to be set plumb and true to line unless detailed otherwise. End of Section I I I I I I I I I I I I I I I I I I I CAST IN PLACE CONCRETE Section 03300 PART I - GENERAL 1.1 General Requirements .1 Comply with the requirements of Division 1. 1.2 Related Work .1 Earthworks Section 02200 PART n - PRODUCTS 2.1 General .1 Cement shall be a standard grey Portland cement conforming to CSA-A.5. .2 Water shall be clear and free from injurious amounts of oil, acid, alkali, organic matter, sediment, or any other deleterious substances in accordance with CSA-A23.1. .3 Aggregates shall meet the requirements of CSA-A23.1. .4. Chemical concrete admixtures may be used only when approved by the Landscape Architect and shall then meet the requirements of ASTM-C23.1. .5 Air-Entraining admixtures shall conform to ASTM-C260. .6 Reinforcement shall be in accordance with CSA-G.30. .7 Expansion joint fillers shall be an approved bituminous, premoulded fibre joint filler conforming to ASTM-DI75 I, or approved self-expanding cork conforming to ASTM-D.1752. .8 Granular base course materials shall be of clear, natural crushed stone, rock or gravel, Granular "A" in accordance with MTC Form No. 1010. .9 All materials for poured in place concrete shall be proportioned and mixed so as to produce a mix meeting the following requirements, and in accordance with CSA-A23.9. 1. Strength, 2. Aggregate 3. Slump, at point of deposit 4. Air Entrainment at 28 days as detailed. 3/4" maximum 3" maximum 6% (+/-%) I I I I I I I I I I I I I I I I I I I CAST IN PLACE CONCRETE Section 03300 2.2. Forms .1 The curbs shall be set in wood or metal forms. PART m - EXECUTION 3.1 Placement and Preparation .1 Remove soft and unstable areas in subgrade and backfill and compact with approved granular material. .2 Compact sub grade uniformly to minimum 95% Standard Proctor Modified Dry Density. .3 Place granular base course materials to the specified minimum depths as detailed. .4 Keep granular materials clean and free of deleterious materials at all times. .5 Maintain final grade of granular base course parallel to finished grade and obtain approval of base before proceeding with work. .6 Submit all written test reports. .7 Comply with CSA-A23.1 with respect to conveying and placing of concrete. .8 Transport concrete from mixer to point of deposit and deposit in its final position as quickly as possible to prevent separation and loss of materials. .9 Do not use re-tempered concrete which has been contaminated by foreign substances. .10 Place concrete in a continuous operation until section is completed or between joints. When required place construction joints in accordance with CSA-A23.1.24. .11 Consolidate concrete, by approved means, while it is being placed. Thoroughly work concrete around reinforcement and embedded fixtures and into corners offorms. .12 Maintain constant quality control to ensure that finished concrete is dense, uniform and free of honey-combing and that no separation of materials can occur. I I I I I I I I I I I I I I I I I I I CAST IN PLACE CONCRETE Section 03300 .13 Place expansion joints where shown on drawings and as detailed. .14 Do not continue reinforcing bars through expansion joints, but stop on either side of joint. .15 Install joint filler as detailed and to the specified depth. Expansionjoint shall be true to line and plumb. .16 Seal expansion joints as soon as curing of concrete has been completed. Apply sealant in strict accordance with manufacturer's recommendations. Clean joints thoroughly before sealing and remove all latency. 3.2 Weather Protection 3.3 Curing 3.4 Admixtures .1 During cold weather protect concrete and concreting operations in accordance with CSA-A23.1.19. .2 During hot weather comply with the requirements AClO-605. .1 After concrete has sufficiently set, keep exposed surfaces continuously moist for at least seven (7) days. .2 Concrete shall be moist-cured with the use of burlap, or approved equal, which shall be thoroughly wetted when applied and kept moist continuously during the curing period. .3 The use of curing compounds must be approved by the Consultant and shall then meet the requirements of ASTM-C309. .4 Curing compounds shall be approved and shall be applied in strict accordance with the manufacturer's recommendations, or as directed. .1 It is the contractors full responsibility to adjust the proportioning and/or admixtures in order to prevent cracking, spalling, etc. due to weather or any other reason. Submit written report from supplier when doing so. CAST IN PLACE CONCRETE Section 03300 Curb cracking may be repaired by sawcut only if done in a vertical position otherwise breakout and repour new concrete. Repair all concrete curbs before final course of asphalt is laid. End of Section I I I I I I I I I I I I I I I I I I I PAINTING Section 09900 PART I - GENERAL 1.1 General Instructions .1 Comply with the requirements of Division 1. 1.2 Related Work .1 Timber and Woodwork Section 02750 PART n - PRODUCTS 2.1 Acceptable Manufacturers .1 Unless otherwise specified, materials shall be manufactured and supplied by one to the following: 1. Benjamin-Moore & Co. Ltd. 2. Glidden Co. Ltd. 3. Pratt & Lambert Inc. 4. The Sherwin-Williams Co. Ltd. 2.2 List of Material and Samples .1 List of materials shall be endorsed by manufacturer as being the best material for the applicable condition. .2 Do not order material or commence work until list of materials is approved by Consultant/Owner. .3 Submit 2 - 100 x 200mm colour chips of each paint colour coated with manufacturers' paint system to confirm colour match. 2.3 Product Handling .1 Deliver paint materials to site in sealed original containers bearing manufacturer's name, brand name, type of paint and colour designation. .2 Store materials in strict accordance with manufacturer's recommendation. 2.4 Materials .1 Materials shall be "top line quality" products and shall be supplied by a single manufacturer except for specialty products not available from paint manufacturer. I I I I I I I I I I I I I I I I I I I PAINTING Section 09900 .2 Paints shall be factory mixed unless otherwise specified except any coating in paste or powder form, or to be field catalyzed shall be field mixed in accordance with manufacturer's directions. .3 Primers shall be as specified by manufacturer and fully compatible with finish coats. PARTm - EXECUTION 3.1 Preparation of Substrates .1 Fill minor cracks, holes and fissures with polyfills and smooth to a flush surface. Texture filled areas to match surrounding surface. .2 Alkalinity: test cementitious substrates for alkalinity. Use method recommended by coating manufacturer. 3.2 Quality Control .1 Do not apply exterior coatings during periods of precipitation nor when precipitation is imminent. .2 Do not apply coatings under direct sunlight during hot weather. .3 Protect adjacent surfaces not scheduled to receive coatings from damage. .4 Post "wet coating" signs and "no smoking" signs while work is in progress and while coatings are curing. .5 Keep oily rags, wastes and other combustible materials in closed metal containers and remove at the end of each work day. Take every precaution to avoid spontaneous combustion. .6 Unless otherwise permitted, apply coatings only after all other Sections have completed their work. 3.3 Coating Applications .1 Apply paint by brush or roller. .2 Spray painting may be permitted where deemed advantageous and shall be subject to approval, but when permitted, use only airless spray guns. I I I I I I I I I I I I I I I I I I I PAINTING Section 09900 3.4 Patching .3 Applied and cured coatings shall be uniform in thickness, sheen, colour, and texture and free of brush or roller marks, sags, crawls and other defects detrimental to appearance and performance. .4 Regardless of the number of coats specified for any surface, apply sufficient paint to completely cover and hide substrate and to produce a solid uniform appearance. .5 Thoroughly mix materials before application. Use same brand of paint for primer, intermediate and finish coats. .6 Where two or more coats of same paint are to be applied, undercoats shall be tinted in light shades of final coat to differentiate from final coat. .7 Touch up suction spots after application offirst coat. Sand lightly between coats with fine sandpaper. .8 Each coat of finish shall be dry and hard before succeeding coats are applied with a minimum of24 hours between coats, unless manufacturer's instructions state otherwise. .1 Prior to takeover of project by Owner, inspect work of this Section and touch-up or refinish damaged and unsatisfactory finishes. End of Section I I I I I I I I I I I I I I I I I I I SPRAY POOLS Section 015280 PART I - GENERAL 1.1 Description .1 Comply with requirements of the General conditions. Supply shop drawings for approval. 1.2 Related Work Section 02200 - Earthwork, Site Excavation, Backfilling, Grading Section 02612 - Asphalt Paving Section 02614 - Concrete 1.3 Acceptable Suppliers Vortex Aquatic Structures International Inc. 403 Saint Roch Montreal, PQ H3N lK2 Tel: 1-877-586-7839 PART n - MATERIALS 1.1 Materials .1 Spray Fixtures: Silver sodder for all joints in copper underground. Spray fixtures shall be constructed of stainless steel oftype 304L schedule 10 pipe, with a wall thickness of .134" and stainless steel plate materials will be of a 2B finish stainless steel. Spray fixtures to meet ADA compliance, handicap accessible. Spray fixtures will be supplied with all ncessary anchoring hardware and necessary stainless steel hardware (see hardware) and installation templates, shipped in time to accommodate site work. Spray fixture nozzles shall be of brass construction, three-piece assembly, interchangeable with a standard receiving brass body. Nozzles will address water consumption, and variable water displays, through attachments in the interchangeable fittings. All nozzles will be supplied with "custom" securing tools for access to interchangeable parts. I I I I I I I I I I I I I I I I I I I SPRAY POOLS Section 015280 All ground level spray fixtures to have pressure test and winter close off fittings. All water lines to drain to low point. Vandal proof quick coupler to valve to drain line to clear stone (as approved by the Landscape Architect). All spray frxtures are to carry a minimum Warranty in writing of three (3) years, on all workmanship and materials. .2 Coating: Fixtures shall receive a coat of weather resistant polyester powder, baked application, similar to that manufactured by Tiger Drylac U. S.A. Inc. or approved equal. Coatings shall have a gloss finish, have ultraviolet inhibitors, withstand 1/10'" no removal @ 160 in/lb, exceed all specifications of organic coatings, and a film thickness of between 1.5 to 3.0 mils (determined by colour and finish). Where 'theme' graphics are applied, use a base coat clear coat system. .3 Output Controller VOR-071O.0000Rl See specifications and drawings .4 Footing: Concrete for footings shall conform to the detail. Footing size per detail. Minimum 1.2m deep. .5 Granular: Shall be NO.3 conforming to the item "Broken Stone". .6 Sand: Shall consist of clean washed builder's sand consisting of hard, durable uncoated grains, free from lumps of clay or other deleterious substances, of such size that when dry 100 percent and shall pass a No. 20 sieve and not more than five percent (5%) by weight shall pass a No. 100 sieve. The sand may be rejected ifit contains more than six percent (6%) by volume ofloam and silt. .7 Fittings: Shall be approved red brass class "A" threadless type, containing no less than 85% copper adaptable for copper tubing. .8 Joints: Shall be made by soldering, using silver solder. .9 Pipe and Fittings: Main line pipe to be schedule 80 PVC. The distribution laterals and fittings are to be schedule 80 PVC. Insure that a 2% slope is consistently applied to all piping to ensure positive gravity I I I I I I I I I I I I I I I I I I I SPRAY POOLS Section 015280 assisted drainage of the entire system. Ensure all fittings are secured to close openings (off season) to protect from water entry back into the piping system. (See nozzles section). Drain complete system to 100mm (4") drain pipe and then to the catch basin with valve shut off. 3.0 Svstem ComDonents and Accessories Controller (10 Output), VOR-0710: The Controller shall be UL Listed to U.S. and Canadian Safety Standards. It shall possess the following components and characteristics. Programmable: The controller shall be factory programmed with a variety of spray sequences designed according to the requirements of the project. The controller shall be equipped with the flexibility to modify the sequences using a transportable memory cartridge. Time Switch: The controller shall be equipped with a 24hr17day programmable analog time switch to set the operational hours of the facility. The time switch shall have the ability to program a different schedule for each day of the week or have several days operate on the same schedule. Transformer: The controller shall contain a 120V primary/24V secondary transformer with built- in electrostatic shield protection. Selector Switches: The controller shall have 3 position selector switches for each solenoid valve, the activation device and the time switch. These switches shall be used to select the operational mode of the components (i.e. hand, off and automatic). Enclosure: The controller shall be equipped with a corrosion-resistant, fiber-reinforced electrical enclosure with NEMA 4X rating. The enclosure shall have stainless steel lockable latches. Interface Board: shall be constructed of stainless steel. The selector switches and time switch shall be mounted on the interface board. The interface board shall be mounted in the enclosure. Outputs: The controller shall have the capability of controlling a maximum of 10 solenoid valves. Inputs: The controller shall have the capacity to receive signals from 2 separate detecting sources operating on 24VDC. I I I I I I I I I I I I I I I I I I I SPRAY POOLS Section 015280 Ground Geyser, VOR-0301: Threaded Housing and Anchoring System: shall be constructed of stainless steel 304 material. It shall consist of a threaded tubular section 3-112" in diameter with a wall thickness of 0.113" and an overall height of 10". The tubular section shall be caped at one end with a 1/8" thick plate welded in place with a watertight full-penetration weld. A circular anchoring plate 5-112" in diameter and 118" thick shall be welded to the tubular section. The water inlet shall be a 1" National Pipe Thread connection that is welded to the bottom portion of the tubular section with a 118" watertight filet weld. Spray Cap: shall be 3.25" in diameter and 0.5" thick with a lO-hole pattern angled at 5' from the vertical. The spray cap shall be constructed of brass and threaded. It shall be installed and removed from the ground spray housing using a tamper-resistant tool. Winter Cap: shall be 3.25" in diameter and 0.5" thick. It shall be installed and removed from the ground spray housing using a tamper-resistant tool. I I I I I I I I I I I I I I I I I I I SPRAY POOLS Section 015280 Bucket Trio: VOR-OI03 Structural Tubinl! All structural tubing shall be constructed of STAINLESS STEEL. 1-1/2": outside diameter of 1.900" with a wall thickness of .109" or .145". 3": outside diameter of 3.500" with a wall thickness of .120" or .300". 4": outside diameter of 4.500" with a wall thickness of .120" or .237". Main structure Shall be constructed of 4" STRUCTURAL TUBING. It shall have a rounded end cap attached to the top using a watertight, tamper resistant joint. Horizontal arms Shall be constructed of3" STRUCTURAL TUBING. Each interchangeable spray arm shall be attached to the main structure using a watertight, tamper resistant joint. Dumoinl! Buckets Shall be constructed of a high-density FffiERGLASS. Shall have an integrated non- visible counter weight system, and shall be fastened to the structural tubing using one (1), 0.75" diameter x 13.125" STAINLESS STEEL shaft. Each bucket shall be secured to the shafts using a special tamper resistant system. Fill Soouts Shall be constructed of 1-112" STAINLESS STEEL STRUCTURAL TUBING with an outside diameter of 1. 900" and a wall thickness of .109". They shall feed water into each Dumping Bucket. Anchorinl! Svstems All anchoring system materials shall be constructed of STAINLESS STEEL. J-bolt Anchors: 3/4" diameter x 3" x 12" or U-bolt Anchors: 3/4" diameter x 8" x 14" or Mechanical Anchors: 3/8" diameter x 3-3/4" or 5/8" diameter x 6" Anchor Studs: 3/4" diameter x 12" Base Plate: 11"xl1" square x 3/8" thick Water Inlets Shall be a 1 112" National Pipe Thread connection welded to the main structure. I I I I I I I I I I I I I I I I I I I SPRAY POOLS Section 015280 Palm Tree, VOR-0509: Structure: shall be constructed of stainless steel 304/304L tubing with an outside diameter of 5.563"and a wall thickness of .134". It shall have an overall height of 155" and a minimum head clearance of 109". The water inlet shall be a 1-1/2" National Pipe Thread connection. Petals: the nine (9) petals shall be constructed of eleven (11) gauge, stainless steel 304. They shall create a 76" diameter pattern when fastened to the structure. The petals shall be fastened to the top of the stem using a tamper resistant system. Head Cap: the rounded head cap shall be constructed of stainless steel 304 and have a maximum diameter of 8.0". All welds shall be polished and non visible. It shall have an integrated spray cone and shall be fastened at the top of the stem. Spray Head: shall have an angle of 30degrees and be adjustable to control the spray pattern and water consumption and secured in place using a tamper resistant system. It shall be constructed of brass C360. Base plate: shall be 3/8" thick and 11" square with four (4) 1" diameter bolt-holes. It shall be constructed of stainless steel 304 and secured to the tubular section with a \4" watertight, fillet weld along the entire circumference. Electrical Grounding Connections: shall be a 3/8"-16 threaded lug welded to the base plate complete with a stainless steel, 3/8" hex nut and two (2) flat washers. Anchoring System: shall consist of four (4) 0/." diameter x 3" x 12" I-bolt anchors, complete with eight (8) hex bolts, eight (8) flat washers and four (4) lock- washers. All material used shall be stainless steel 304. Magic Touch Bollard, VOR-0600: Structure: shall be constructed of stainless steel 304/304L tubing with an external diameter of 6.625" and a wall thickness of 0.134". It shall have an overall height of 51" and rise 39" above final grade. I I I I I I I I I I I I I I I I I I I SPRAY POOLS Section 015280 Activation Cap: shall consist of a high impact resistant protection cap and a low voltage sensor. The protection cap shall be constructed of high- density polyurethane with a nominal weight of3.8 LBS.(1.7 Kg). The polyurethane shall be UV resistant, non-porous and nonflammable. It shall be equipped with an integrated threaded housing for the sensor. The sensor shall operate on 24 vdc with no visible or moving parts. It shall have a thermoplastic polyester housing and triple shield sensor protection. The sensitivity shall be adjustable with an LED indication. The activation cap shall be secured in place using a specially designed rotational locking system with a tamper-resistant stainless steel bolt. Electrical Conduit Connection: the electrical conduit connection shall be a 0/." National Pipe Thread located at the base of the tubular section. The conduit shall extend into the tubular section and up to the activation cap. It shall be constructed of stainless steel 304 and welded to'the tubular structure with a watertight, 1/8" fillet weld. Base Plate: shall be 3/8" thick and 11" square with four (4) 1" diameter bolt holes. It shall be constructed of stainless steel 304 and secured to the tubular section with a '/4" watertight, fillet weld along the entire circumference. Electrical Grounding Connection: shall be a 3/8"-16 threaded lug welded to the base plate complete with a stainless steel, 3/8" hex nut and two (2) flat washers. Drainage system: shall have a y," National Pipe Thread connection at the base of the tubular section. It shall be constructed of stainless steel 304 and welded to the tubular structure with a watertight, 118" fillet weld. Anchoring System: shall consist offour (4) %" dia. x 3" x 12" J-bolt anchors, complete with eight (8) hex bolts, eight (8) flat washers and four (4) lock- washers. All material used shall be stainless steel 304. Whale, VOR-0522: The structure shall be a tubular replica of a whale and be constructed of stainless steel 304/304L. It shall have an overall height of 113" and rise 101" above final grade with a minimum head clearance of 60". There shall be two (2) %" National Pipe Thread connections per arch and a 1-112" National Pipe Thread connection on the tail, to serve as the water inlets. Body: the body shall consist of two (2) loops and two (2) arches. Each shall have an outside diameter of3.500" and a wall thickness of .120". Each of the arches shall have a 78" centerline radius and have six (6) integrated and recessed threaded nozzle inserts flush with the inner surface. The loops shall each have a 38" centerline bending and five (5) integrated and recessed threaded nozzle inserts flush with the inner surface. The front loop shall also have one (1) extra integrated and recessed threaded nozzle inserts flush I I I I I I I I I I I I I I I I I I I SPRAY POOLS Section 015280 with the outer surface of the loop. The four (4) arches shall be connected at the top with a high-density, UV resistant, polyethylene panel designed to replicate a whale fin. The fin shall be fastened to the arches using stainless steel tamper resistant fasteners. Tail: shall have an outside diameter of 3.500" and a wall thickness of .120". It shall have a 78" centerline radius and have three (3) integrated and recessed threaded nozzle inserts flush with the inner surface of its vertical post and six (6) integrated and recessed threaded nozzle inserts flush with the under side of the horizontal member. The horizontal member shall have a high-density, UV resistant, polyethylene panel designed to replicate a whale tail. The panel shall be fastened to the member using stainless steel tamper resistant fasteners. Spray Nozzles: the nozzles shall consist of a threaded body, diffuser and end plug. They shall produce a soft full-cone spray and be secured into the threaded housing using a tamper-resistant tool. They shall be flush with the surface of the tubular section. They shall be constructed of brass C3 60. Base Plate (Arches): shall be 3/8" in thickness and 5" x 14" with two (2) l' diameter bolt holes. Base Plate (Tail): shall be 3/8" thick and 11" square with four (4) 1" diameter bolt holes. It shall be constructed of stainless steel 304 and secured to the tubular section with a \4" watertight, fillet weld along the entire circumference. Electrical Grounding Connection: shall be a 3/8"-16 threaded lug welded to the base plates complete with a stainless steel, 3/8" hex nut and two (2) flat washers. Anchoring System (Arches): each arch shall be anchored with four (4) four 5/8" diameter by 6" mechanical anchors complete with four (4) hex bolts, four (4) flat washers and four (4) lock- washers. All material used shall be stainless steel 304. Anchoring System (Tail): shall consist, of four (4) %" diameter x 3" x 12" I-bolt anchors and four (4) %" diameter 12" anchor studs, complete with twelve (12) hex bolts twelve (12) flat washers and eight (8) lock- washers. All material used shall be stainless steel 304. PART 3-EXECUTION 3.1 Execution .1 Excavation for foundation: All excavation shall be cut accurately to required lines and dimensions for work as indicated on the drawings and shall be large enough to provide adequate clearance for the proper execution ofthe work within them. I I I I I I I I I I I I I I I I I I I SPRAY POOLS Section 015280 .2 The Contractor shall install all necessary piping in general accordance with the plan, however, the Landscape Architect reserves the right to change the routing, or depth of pipe. Special care should be taken to ensure that all backfill material be free of debris, which could damage piping. All piping shall be surrounded by 6" envelope of sand, to ensure compaction and protection and sloped to drain. 3.2 Concrete Work .1 Cast in Place Footings: Inspection: When the excavation has carried out to the required depth as shown on the drawings, the Contractor shall do no more work until after the inspection by the Landscape Architect, who shall order the foundation work to proceed, or further excavation as the conditions indicate, and no other work shall be done until the excavation has been approved by the Landscape Architect. .2 Forms: Forms for footings shall be lined with exterior grade plywood. The formwork shall be coated with an approved oil or lacquer. .3 Curing: All finished concrete shall be protected and kept moist continuously for three days, as directed. I I I I I I I I I I I I I I I I I I I SPRAY POOLS Section 015280 3.3 Installation .1 Installation: The Spray Fixtures and ground sprays shall be installed in accordance with the manufactuer's specification, and approved by the Landscape Architect. The Contractor shall use extreme care with installing spray frxtures, and it is advisable to leave intact all wrapping through installation, to be removed upon completion. Entire assemblies shall be installed in accurate location, square and plumb, and in required location to surrounding finished grade, on footings, as shown on the plans. 3.4 Testing .1 Testing: All Spray Fixture components shall be water pressure tested before backfilling and paving, and/or pouring of concrete slabs and/or asphalt work. The Contractor is to ensure all water supply lines are free of debris, and flused of any foreign material, prior to the hook-up of any spray frxtures, and, the Contractor shall have inspected the entire system (including all electronic systems) in the presence of the Landscape Architect. Prior to the backfilling of any supply lines, joints or connections, the entire system shall be maintained under full pressure, for no less than one (1) hour. The Contractor is to ensure all nozzles are adjusted and secured to the Owners satisfaction. The Contractor is to test all drainage systems of the spray fixtures. .2 Measurement and Payment: For each Spray Fixture furnished and install complete in accordance with the plans and specifications and directions of the Landscape Architect, the Contractor shall receive the bid unit prices. The price bid shall be unit prices for each Spray Fixtures shall include the cost of all labour, materials, tools, plant equipment, and incidental I I I I I I I I I I I I I I I I I I I SPRAY POOLS Section 015280 expenses necessary to furnish, construct and install each of the various fixtures complete including excavation, all pipes up to the valves, concrete footing, hardware and fittings, sand and stone and all other work necessary to complete the work in accordance with the plans and specifications to the satisfaction of the Landscape Architect. 3.5 Control System Provide shop drawings. Refer to the specification pages for Output Controller VOR-0710 that follow this section. .1 Power supply: 120 Vac 2A full load. Maximum. Contractor to provide name of certified electrician in his tender. Supplier to pre train electrician on electrical installation for trouble free installation. .2 Wire type: SJO or SJOW having diameter of 0 - 31 ", 3 conductor. Each activator requires on full, uninterrupted run per sensor, though conduit to the controller location and additional ground wire # 14. All wire connections, water tight (see details). .3 Solenoid Valve: Refer to specifications for Vortex equipment .4 Valve wire: Rever to specifications for Vortex equipment .5 Water service: The water service to the site is 2" diameter copper. The controller is to be programmed to send water to the features in sequence in accordance with water supply. .6 Backflow preventer: Refer specifications in Vortex Equipment Vault . Backflow preventer to be approved by the Region of Durham and Municipality ofClarington and C.S.A. standards and local plumbing I I 'I I I .7 I .8 I .9 I I I I I I I I I I I I SPRAY POOLS Section 015280 codes, and meet Landscape Architect's approval. Backflow preventers to be complete with gate valve and test codes. Water meters: To Region of Durham requirements 50mm line meter or better. Electrical control valves: Refer to Vortex Equipment specifications. Layout: A single wire connecting each solenoid to the controller and a common neutral wire to all solenoids to the controller shall serve as the power supply ground controller. Quick coupling valve (QC) shall be installed in each supply system such that the entire system may be blown out by use of air pressure. Operating valves should be positioned at the lowest point in the park, allow for "Gravity" drain features. All items shall be carefully installed and supported in their positions frees from all distortions and strain. All materials shall be inspected for defects in workmanship or materials. All supply lines are to be free of any debris and foreign material. Test all items. A sufficient number of unions shall be installed to allow the dismantling of any and all valves and equipment. PVC piping (Polyvinychloride) shall be schedule 40 with solvent weld bell ends and meet with all local codes. The pipe shall be laid in trenched to grades such that the system drains to the drain valves. At the low point of each supply line, there shall be a 6" sand envelope surrounding the entire length of all piping. I I I I I I I I I I I I I I I I I I I SPRAY POOLS Section 015280 .10 Manual: A complete operational manual of the installation, programming and maintenance manual will be provided. End of Section I I I I I I I I I I I I I I I I I I I APPENDIX I I, I. I I I .. I I I I' I I I..' I I I . . I I I Neptune- T.10 Meters 111211 - 211 Uke the 5fs' - 1ft size members of the Neptune T-10 far ily, the 1112" - 2. Neptune T-10s are designed for provl accuracy at all flows and to have extended low-fie accuracy. The Neptune T-10 intermediates are light ar compact for ease in installation and are offered in bo screw end and flanged end models. Also like the %" - 1" Neptune T-10s, the 1%" - : Neptune T-10s component desIgn makes maintenanc simple. Neptune T-10s can be ordered with or easi adapted to a variety of remote reading system option: A ~ DIMENSIONS C D Appro Meter A B Std. ARB Pal. Thnlds Thnad E Wllal SiD IIl/mm In/nlm InJmm ID/lllm in/nlm Per liiCh Type In/nlm S.P. IIIIJk! 1%" 12% 8'1. 8'/, s'/. g_", 11Y, 1Y. '2'/. 27 SCrew End 321 205 206 217 252 NPT 65 12.2 1Y.' 13 s'/. S'l, S'/. g"/. 2'/. 31 Flanaed End 330 205 206 217 252 - - 65 14.1 "'2'"' 15'/. 9'!. 9'/. 9'!, 11't. 111'> 2 3'1, 34 Screw End 387 240 237 248 283 NPT 79 15.4 2' 17 9"'.. 9'''' 9'/. 11'1. 3'/, 38 Flanaed End 432 240 237 248 283 - - 79 17.2 ; .---.- I I I I w ( I I I I I I I I I I I I I I I, I a ... a: I;! ~ '" ~ " " % ~ C < ! ~ rr: I 'Is !l ~ ; ~ ~ II i ~ ~< t=.I ~ ~ ~ 5 ~ ~< w :0: .. 0 ~% ~ ~o 0'" a: "- 'k i .. 0 ~ ~)- l ~ i o u ~ i i ~ ~ ~ I ~ I ..:I lit) z g Ln \'? t"'.l C\l ~ or- t"'.l \'? C\l 0- ...., ,.J wi ~~ SMITH',;-'''AY~'R. "~,,.""'"'' "~"",...""".:.,,,J1T,,;H' MFG. co. , , ,,"~ OF~ITHINllUSmIES. ",c. <. ' t/~~,"'_J:ar ~,,:.>6.. _-c........-......,~ -. .,.,.........- 1'/QlI:~ ~<!.. LOCATION '2. 3'5C y- SS.~ 3M FLOOR CRAINS WITH 12" ROUND AD.JUSTABLE TOFS MEDIUM DUTY DFlAINS FUNCTION: Used In mll<lium 1raftta areas whlltetaroe top drain Is required. Adlustable tl:;p CClIIar permits ~cCUrale posiUonlng 01 lOp ,grail> to meel1lnlsl1od floor klval. 151/40IA;;LL 12DIA r--11 1/2DlA--1 ~l 4 MINa ~~8WX t II -AJ f U1 !D~ 8Ftg. =c.. .CAUt.K Oun.ET Flg. ~:lOT .. .THREADED OllTUIT NOTE: 2.3. & 4' slze3 require " "an~on collar (as .hown In above mUOlr.llforl) wldch flls between the body & collet. 5 & 6" size. do not require transitlon coDa!. OPTIONAl.. MA TEI'lIALS., ~ Duc:\lIo Iron Orale -M I3aJvantIild Coast lroo .G Nlckaf BtOtl%It Top .N8 ?oft$hlld 6fOOZ9 ic;)-P8 ~ 5T""..,~'5S ~e:l... q""To!: ~ E-F-o-i,/ eoo.TI""~ '3.."..... ~CDIA 12DlA Ir11 1~DlA ,I A4MIN~' W- 53/8WX 21/2 . 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