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HomeMy WebLinkAbout2005-222 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2005- 222 Being a By-law to authorize a contract between the Corporation of the Municipality of Clarington and Braunstein, Braunstein Construction Ltd, Toronto, Ontario to enter into agreement for the Rehabilitation of Sand Dome (former) Waste Transfer Station. 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, Braunstein Braunstein Construction Ltd, Toronto, Ontario, and said Corporation; and 2. THAT the contract attached hereto as Schedule "A" form part of this By-law. 28 November By-law read a first and second time this day of , 2005. By-law read a third time and finally passed this 28 day of Nove~~/985. ,,/ '} (JJ___. //l-v l~ . 'l/...____ tton Mayor :/' ~ {A..U.J_______ ar: 'e, Municipal Clerk ClMilJglon Municipality of Clarington TENDER CL2005-42 REHABILITATION OF SAND DOME (FORMER WASTE TRANSFER STATION) CONTENTS: SCHEDULE (A) SCHEDULE (B) SCHEDULE (C) SCHEDULE (D) SCHEDULE (E) SCHEDULE (F) SCHEDULE (G) CLOSING TIME & DATE: NOTICE TO BIDDERS . GENERAL CONDITIONS PAGE 2 -11 SPECIAL PROVISIONS PAGE 12 - 31 STANDARD TERMS AND CONDITIONS PAGE 32 - 44 CONTRACTOR SAFETY - POLICY, PROCEDURES, PAGE 45 - 49 HEALTH & SAFETY PRACTICE FORM TENDER FORM PAGE 50 - 51 BIDDER'S REFERENCES AND INFORMATION SHEETS PAGE 52 - 54 LETTER OF UNDERTAKING PAGE 55 2:00:00 P,M (LOCAL TIME) Wednesday, September 28, 2005 LATE BIDS WILL NOT BE ACCEPTED, BUT RETURNED UNOPENED TO THE RESPECTIVE BIDDER BIDS NOT SIGNED ARE SUBJECT TO REJECTION BIDS MUST BE TYPED OR IN INK ERASURES OR NOTICEABLE CHANGES MUST BE INITIALLED BY THE BIDDER BIDDERS MUST NOT INCLUDE RESTRICTIVE OR CONDITIONAL STATEMENTS TO ALTER THE FORMAT OR INTENT OF THE TENDER THE LOWEST OR ANY TENDER NOT NECESSARILY ACCEPTED TENDER OPENING MEETING IS SCHEDULED TO TAKE PLACE AT 2:15:00 P.M, AFTER THE CLOSING TIME AND DATE, IN MEETING ROOM #lA FIRST FLOOR, 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO, AND INTERESTED BIDDERS ARE INVITED TO ATTEND. . TENDERS MUST BE RETURNED ON THE FORMS PROVIDED AND IN THE ENVELOPE PROVIDED, CLEARLY MARKED AS TO CONTENTS, PRIOR TO THE CLOSING TIME AND DATE. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE REHABILITATION OF SAND DOME (FORMER WASTE TRANSFER STATION) PAGE 2 OF 55 TENDER CL2005-42 SCHEDULE (A) GENERAL CONDITIONS 1.0 SCOPE 1.1 The work of this Contract includes the re-roofing, structural repair and modification of the sand dome located at the (former) Waste Transfer Station located at 178 Darlington/Clarke T ownline Road in the Municipality of Clarington. 1.2 The work of this tender is specialized in nature as to methods and materials. Contractors who are known to have expertise and experience in the work are being invited to bid by the Municipality. Tenders from other contractors not presently known to the Municipality are also invited, but all such contractors must be prepared to demonstrate having successfully completed work of a similar nature and similar complexity. 1.3 The Municipality reserves the right to request proof of satisfactory experience and sufficient plant and capital to successfully prosecute and complete the work within the specified time. Failure to provide such information when requested will be a sufficient cause for rejection of the tender. 1.4 The Contractor shall complete all work in conformity with all applicable federal, provincial and municipal codes and standards. In addition, the Contractor shall undertake all work in accordance with all applicable safety regulations and procedures, including but not limited to the Workplace Health and Safety Act, the Guidelines of the Construction Safety Association of Ontario, the Owner's health and safety procedures, and the Contractor's health and safety procedures. 2.0 SITE SERVICES 2.1 The Contractor shall provide and maintain the necessary First Aid equipment on site as called for by the Workers' Compensation Act and the Occupational Health and Safety Act. 2.2 The Contractor shall provide portable generators to produce the electrical power required to complete the work. Where there is an existing live power source within and/or near the building that is metered to the direct account of the Municipality the Contractor may use such power without charge. Power so provided by the Municipality will be of a reasonable quantity to undertake the work. The Contractor will be responsible for running and safe-guarding temporary power lines. PAGE 3 OF 55 TENDER CL2005-42 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE REHABILITATION OF SAND DOME (FORMER WASTE TRANSFER STATION) SCHEDULE (A) GENERAL CONDITIONS (Cant'd) 2.3 Neither potable water nor toilet facilities are available at or within the dome or at the site. 2.4 The Contractor shall provide a field office that is equipped with a telephone (cellular is acceptable) and that has access to a FAX machine. The Contractor shall appoint a competent superintendent for the project. 2.5 The Contractor will arrange with the Municipality re site access and security. 2.6 The Contractor will arrange with the Municipality re access, security, clean-up and supplies. The Contractor is responsible for security and clean-up during the construction period. 3.0 OWNER 3.1 The owner is the Corporation of the Municipality of Clarington, hereinafter referred to as the Owner. 3.2 Refer to Paragraph 18 below for the Owner's representatives during the Tender and Construction phases. 4.0 STORED MATERIALS 4.1 At no cost to the Contractor, the Municipality will move stored materials and equipment to facilitate the work of the Contractor. The Contractor will provide reasonable notice of when and where the materials are required to be moved. 4.2 The Municipality shall only be required to move the quantities of materials that are reasonable, and only sufficiently often as is reasonable for the Contractor's fulfilment of the Contract. 5.0 SALES TAX 5.1 Ontario Retail Sales Tax (PST) must be included where applicable. 5.2 Goods and Services Taxes (GST) shall be shown extra where indicated on the Tender Form. PAGE 4 OF 55 TENDER CL2005-42 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE REHABILITATION OF SAND DOME (FORMER WASTE TRANSFER STATION) SCHEDULE (A) GENERAL CONDITIONS (Cont'd) 6.0 QUALITY AND WORKMANSHIP 6.1 The workmanship and the quality of work shall be first class in accordance with the best standard practice for this type of work and shall be subject to the inspection of the Owner's Director of Operations or his designate. 6.2 References are to be provided with this bid submission - see Information Sheet attached as part of Schedule (F). 7.0 REGULATIONS 7.1 The work shall be in accordance with all rules, regulations, by-laws and the requirements or interpretations of all authorities having jurisdiction. 8.0 PERMITS. FEES AND INSPECTIONS 8.1 Execute work in accordance with all applicable rules, by-laws and regulations. Give necessary notices, obtain necessary permits, pay required fees and furnish any certificates necessary as evidence that the work conforms with the rules and regulations of all authorities having jurisdiction. Carry out changes and alterations required by an authorized inspector of any authority having jurisdiction. Advise Owner and Consultant of any such changes. 8.2 The Contractor shall obey all federal, provincial and municipal laws, by-laws, codes, standards and regulations that could in any way pertain to the work of this Contract or to its employees. 8.3 The Contractor shall be responsible to arrange for and to pay for locates for all buried services. 8.4 The Contractor shall be responsible to apply for and to pay for the building permit. 8.5 The Contractor shall be responsible for notifying the Ministry of Labour regarding the project and for paying any Ministry fee. 8.6 The Contractor shall be responsible to constitute a health and safety committee where the numbers of staff at the site so warrant. PAGE 5 OF 55 TENDER CL2005-42 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE REHABILITATION OF SAND DOME (FORMER WASTE TRANSFER STATION) SCHEDULE (A) GENERAL CONDITIONS (Cont'd) 8.7 The Contractor is the sole "employer" for this project with regard to the Workplace Safety and Insurance Board (WSIB) and is solely responsible for payments to the Board. Prior to starting work the contractor shall submit a WSIB Certificate of Clearance. 9.0 SCHEDULE OF WORK 9.1 Indicate Completion Date on the Tender Form of Schedule (F). Time is of the essence in the completion of this contract and the proposed completion date will be a consideration in the award. 9.2 The Contractor shall provide an intended schedule prior to the start of work. 9.3 The Contractor shall notify the Municipality and the Engineer a minimum of 48 hours prior to the starting date. 9.4 The Contractor shall notify the Municipality and the Engineer of any significant change of schedule. 9.5 The Contractor shall notify the Municipality, the Engineer and/or the authorities having jurisdiction sufficiently early that required inspections can be undertaken without affecting the work schedule. Failure of the Contractor to provide sufficient notice shall not relieve the Contractor of the requirement to complete the work promptly and expeditiously. 9.6 The Contractor shall be solely responsible for scheduling the work within the access and security requirements of the Municipality. In general, work may be undertaken between the hours of 7:00 a.m. and 7:00 p.m., Monday to Sunday. 9.7 Clause SP 5.14 of the Special Provisions indicates that at the Owner's sole discretion the reroofing of the dome may be deferred until Spring 2006. In the event that this occurs: a) All other work of the Contract shall be completed prior to the Completion Date. b) The roofing will be undertaken and completed within a 4-week period in Spring 2006 to be specified by the Owner. The Contractor will be given not less than thirty days notice of the commencement of the 4-week period. PAGE 6 OF 55 TENDER CL2005-42 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE REHABILITATION OF SAND DOME (FORMER WASTE TRANSFER STATION) SCHEDULE (A) GENERAL CONDITIONS (Cont'd) c) The Contractor shall complete all roofing within the specified 4-week period. 10.0 BIDDER'S INVESTIGATION 10.1 Each bidder shall be responsible for examining the location and equipment required for this contract. 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 bids. 10.2 The Engineer and the Owner will conduct a formal pre-tender site tour of the dome and the related work. This site tour is not mandatory, although it is highly recommended for all bidders in that the work of this Contract is larger in scope and more complex in nature than is the average tender re dome rehabilitation. In addition, there is other work that is not related to the dome itself. The site tour will begin sharply at 2:00:00 p.m. on Thursday, September 22, 2005. At this site meeting the scope, methods and materials of the work will be discussed. Attendees will be free to ask questions of the Engineer and/or the Owner with regard to all aspects of the Contract. Neither the Engineer nor the Owner will record formal Minutes of this meeting and neither is under any obligation to inform non-attendees of the matters that were discussed. 11.0 SURETY 11.1 BID DEPOSIT All tender submissions shall be accompanied by a Bid Deposit in the form of a certified cheque, bank draft, money order or cash, payable to the Corporation of the Municipality of Clarington in the amount specified in the table below: TOTAL AMOUNT OF BID $ 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 1,000,000.01 TO 2,000,000.00 2,000,000.01 AND OVER MINIMUM DEPOSIT REQUIRED $ 1,000.00 2,000.00 5,000.00 10,000.00 25,000.00 50,000.00 100,000.00 200,000.00 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE REHABILITATION OF SAND DOME (FORMER WASTE TRANSFER STATION) PAGE 7 OF 55 TENDER CL2005-42 SCHEDULE (A) GENERAL CONDITIONS (Cont'd) NOTE: Bid bonds issued by a surety approved by and in a form containing terms satisfactory to the Municipality's Director of Finance will be accepted for tenders valued over $50,000.00. Bid deposit must be enclosed in the envelope with your tender. All tender bid deposits will be returned to the respective bidders within ten (10) days after the Tenders have been opened except those of the two (2) low bidders, which shall be retained by the Municipality of Clarington until the successful bidder has executed the contract. 11.2 PERFORMANCE SURETY The successful Contractor shall submit a performance surety in the form of a certified cheque, bank draft, money order or an irrevocable letter of credit in a form and manner acceptable to the Director of Finance in the amount of 100% (One Hundred) of the total cost of the Contract. In order to utilize the irrevocable letter of credit as Surety the Letter of Undertaking enclosed in Schedule (G) must be completed and signed by the Bidder and a signing officer of the Bidder's Bank. Failure to provide the Letter of Undertaking with the bid may result in the rejection of the tender This Surety will be held by the Municipality for up to 45 days after all work covered by the Contract has been completed and accepted. The surety will then be retu rned to the Contractor provided that: a) Satisfactory evidence is provided that all liabilities incurred by the Contractor in carrying out the work have been satisfied. b) All liens have expired or have been satisfied, discharged and/or otherwise provided for. c) A Clearance Certificate from the Workplace Safety Insurance Board (WSIB) is provided. d) The Contractor has provided a Statutory Declaration that all suppliers and subcontractors have been paid in full and that there are no outstanding hold backs. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE REHABILITATION OF SAND DOME (FORMER WASTE TRANSFER STATION) PAGE 8 OF 55 TENDER CL2005-42 SCHEDULE (A) GENERAL CONDITIONS (Cont'd) e) Disposals have been made in accordance with MOE regulations 12.0 CONTRACT 12.1 The contractor's supply of the contract security and insurance certificates, coupled with the Municipality's written notification to the Contractor of the intent to award, shall together suffice to cause a contract to exist between the Municipality and the Contractor. Said Contract shall be in accordance with the "Schedule (A) General Conditions". The Municipality may elect to further confirm the contract by issue of a purchase order or other equivalent means. 12.2 Failure of the successful tenderer to meet the above requirements will entitle the Municipality to cancel the award of the Contract and to retain the tender deposit as compensation for damages sustained due to the default of the successful tenderer. The Municipality may then elect to award the contract to one of the other tenderers, to not award the contract, and/or to take such other action as it may elect. 13.0 RIGHT TO ACCEPT/REJECT TENDERS 13.1 The Municipality reserves the right to reject any or all tenders, or to accept any tender should it be deemed to be in its best interest to do so. 13.2 Tenders which are incomplete, conditional or obscure, or which contain additions not called for, or erasures, alterations, or irregularities of any kind, may be rejected as informal. 13.3 All tenders are prepared at the sole risk and cost of the tenderers. No payments shall be made to any tenderer regarding the preparation and submission of the tenders. 13.4 Each item in the Form of Tender shall be a reasonable price for such item. 13.5 Under no circumstances will an unbalanced tender be considered. The Municipality will be the sole judge in this matter. In this regard, the six itemized Lump Sums of 1 (a) to 1 (f) on the Form of Tender shall each reflect the real cost of each particular item of work, such that if the item were to be deleted from the Contract, said deletion would be to the commercial benefit of neither the Owner nor the Contractor. 14.0 WARRANTY 14.1 Shingles shall be warranted, and the Contractor shall provide a written record of same, in accordance with Clause 3.1.1 and Clause 3.1.7 of the Special Provisions. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE REHABILITATION OF SAND DOME (FORMER WASTE TRANSFER STATION) PAGE 9 OF 55 TENDER CL2005-42 SCHEDULE (A) GENERAL CONDITIONS (Cant'd) 14.2 Notwithstanding any other warranties that may exist under law and/or as may be provided by the manufacturers of the components that are incorporated in the work, the Contractor expressly warrants his work, labour, and materials for a period of twelve months following the date of acceptance of the finished work. 14.3 For this purpose the Completion Date shall be the date upon which the Owner accepts the work and acknowledges same in writing. Prior to said acceptance all work of the contract shall be inspected by the Owner and any and all outstanding deficiencies shall be completed and/or corrected by the Contractor per these specifications. 15.0 SUBCONTRACTORS 15.1 The Contractor shall be permitted to subcontract portions of the work so as to most efficiently and economically complete the Contract. Said subcontractors shall be able to demonstrate prior experience and competence with the work intended to be sublet. 15.2 The Municipality reserves the right to reject any proposed subcontractor for just cause of which the Municipality shall be the sole judge. 15.3 The aggregate amount of all subcontracts shall not exceed fifty per cent (50%) of the Total Contract Price. The Contractor shall provide an accounting of the subcontracts to demonstrate this, if requested by the Municipality. 16.0 PAYMENTS 16.1 Payment will be made to the Contractor in the amount of 90% of the estimated work completed to the date of certificate. The Engineer or the Municipality will be the final judge of the estimated work completed. The date of the certificate shall be the last working day in each calendar month with payment to be made prior to the last working day of the following calendar month. Final release of the accumulated 10% holdback shall be upon the expiration of the 45-day lien period and subject to the following additional conditions. i) A Statutory Declaration shall be provided by the Contractor stating that all debts contracted during the performance of, and in conjunction with, this Contract have been discharged. ii) A Clearance Certificate from the Workplace Safety Insurance Board (WSIB) shall be provided. PAGE 10 OF 55 TENDER CL2005-42 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE REHABILITATION OF SAND DOME (FORMER WASTE TRANSFER STATION) SCHEDULE (A) GENERAL CONDITIONS (Cont'd) 17.0 CONTRACT LOCATION 17.1 The contract location is the (former) Waste Transfer Facility of the Municipality of Clarington. Directions to the yard from Highway 401 are as follows: a) Take Exit 435, which is Bennett Road, north from the 401. Bennett Road is the first exit west of the 35/115 cut-off. b) Proceed north for 1.3 km to a T-intersection at Durham Highway #2. c) Proceed east for 1.7 km to Darlington-Clarke Town Line. d) Proceed south for 0.7 km to dome. 18.0 PROJECT OVERSIGHT 18.1 During the Tender phase inquiries regarding the documents shall be directed to: Lou Ann Birkett, C.P.P., AMCT Purchasing Manager 905623 3379 (Ex!. 402) 18.2 During the Construction phase project oversight shall rest with the Owner's Director of Operations: Mr. Frederick J. Horvath, B.A., R.D.M.R., R.R.FA Director of Operations Telephone 905 263 2291 (Ex!. 223) FAX 905 263 4433 The Director of Operations exercises overall control for the project on behalf of the Municipality. He will in turn delegate responsibility as/when necessary to staff of the Municipality and/or to a consultant, in either case referred to herein as his nominee, whensoever and howsoever he deems suitable to realize the best interests of the Municipality. 18.3 During the Tender phase site visits may be arranged through: Mr. Frederick J. Horvath, BA, RD.M.R., R.R.FA Director of Operations Telephone 905 263 2291 (Ex!. 223) FAX 905 263 4433 PAGE 11 OF 55 TENDER CL2005-42 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE REHABILITATION OF SAND DOME (FORMER WASTE TRANSFER STATION) SCHEDULE (A) GENERAL CONDITIONS (Cont'd) 18.4 The Owner has also appointed a consultant to assist in the preparation of the Tender documents and in the inspection and management of the project. Mr. James Knight, M.Sc.F., P.Eng. James Knight & Associates PO Box 273 St. George, Ontario NOE 1 NO Telephone 519 448 3548 FAX 519 448 4657 Cell 905691 6489 PAGE 12 OF 55 TENDER CL2005-42 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE REHABILITATION OF SAND DOME (FORMER WASTE TRANSFER STATION) SCHEDULE (B) - SPECIAL PROVISIONS Special Note to Contractor Re Panel Numbering It is essential that all panels can be identified at all times as to their existing sector and panel number. As the first item of work re the dome itself, all panels are to be marked on their inside face with a permanent identifying number in the form of "XlV" where: a) "X" is the number 1 to 20 that designates the sector number using the counterclockwise numbering scheme shown on Drawings 2 and No. 99-146- WT3; and b) "V" is the number 1 to 9 that designates the panel number using the same numbering scheme as Drawings 1,2 and No. 99-146-WT3. This numbering must be visible and legible when the panels are dismantled and stored on grade as well as when they are re-erected in the modified dome. No other numbering scheme is acceptable. The Contractor shall note that in the course of this work certain of the numbered elements may be lost depending upon where the panel numbering is placed and what repairs and/or modifications may be required. Where specified plywood and/or lumber replacement and/or strengthening would lose or obscure the panel numbering, the Contractor shall ensure that the numbering is permanently replaced on the new and/or on other existing elements of all affected panels. 1.1 These Special Provisions detail repair work and modifications that to are be undertaken with respect to the existing sand dome at the (former) Waste Transfer Station of the Municipality of Clarington, hereinafter the "Municipality" and/or the "Owner". 1.2 The dome at the Waste Transfer Station was built and originally used as a sand storage dome for winter road maintenance. For the past several years it has been used as a waste transfer facility wherein the Municipality's collected household waste was compacted into trucks for shipment off-site. The dome had been extensively modified to suit this usage. The yard is no longer used as a waste transfer facility; hence part of the work of this contract is to restore the dome's utility to store sand and salt for winter road maintenance. PAGE 13 OF 55 TENDER CL2005-42 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE REHABILITATION OF SAND DOME (FORMER WASTE TRANSFER STATION) SCHEDULE (B) - SPECIAL PROVISIONS (Cont'd) 1.3 The existing dome is of nominally 100 ft. diameter and approximately 50 ft. high above its concrete foundation. It consists of nine concentric rings of panels stacked atop each other. Each ring contains 20 identical panels, save for the special conditions at the original doorway and at the new canopies. For purposes of this Specification the sectors are numbered in an anticlockwise fashion beginning with the first sector east of the south-facing doorway; that original doorway is therefore in Sector 20. Refer also to Drawings 1 and 2 in these Specifications and to Plan A on Drawing No. 99-146-WT3. All panels are connected to adjacent panels by bolts and steel splice plates. 1.4 The dome is supported atop a nominal 1 ft. concrete ring foundation. However, due to site grading the ring height varies from a high of approximately 42 in. at the Sectors 1 and 19 to a low of approximately 10 in. at Sector 10. 1.5 The rehabilitated dome that will exist after the work of this Contract will still be of nominally 100 ft. in diameter and approximately 50 ft. high above its concrete foundation. It will consist of the same nine concentric rings of panels stacked atop each other. Each ring will contain the same twenty identical panels, save for the special conditions at the doorways. The panels will continue to be numbered from NO.1 at the dome base to No.9 at the dome peak. There will, however, be some significant changes, including: a) The existing concrete foundation is to be raised to be an average of 8 ft. high. b) The existing doorway at Sector 20 is to be widened to be 18 ft. clear. c) The existing opening at Sector 6 is to modified to be a standard 18 ft. doorway per that of Sector 20. d) The existing opening at Sector 17 is to be closed. e) Demolitions at and near the dome are required to facilitate theses changes, all as specified herein. f) Site grading is required where modifications and/or demolitions are to be undertaken. 1.6 The dome was built prior to the advent of Metric materials in the Canadian construction industry. The design was therefore based on the 8 ft. module as represented by the length of the standard plywood panel. This Specification has been prepared in Imperial units to maintain consistency. Where items specified herein are available only in Metric units, the Metric equivalents actually used shall be no smaller than those items specified. PAGE 14 OF 55 TENDER CL2005-42 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE REHABILITATION OF SAND DOME (FORMER WASTE TRANSFER STATION) SCHEDULE (8) - SPECIAL PROVISIONS (Cont'd) 2.0 WORK INCLUDED 2.1 The work that is specified herein and that is to be completed as this Contract is the following. 2.1.1 Reroofing of the dome, including new roof vents, new flashings, steel/NIS roof on canopies, etc. Refer to General Note 3.3.1 on Drawing No. 99-146- WT2. 2.1.2 Structural repair, modification and rehabilitation of dome. Refer to General Note 3.3.2 on Drawing No. 99-146-WT2. 2.1.3 Repair of vehicle damage arising from the dome's use as a waste transfer facility. Refer to General Note 3.3.3 on Drawing No. 99-146-WT2. 2.1.4 Demolitions at the dome and elsewhere in the yard related to the yard's use for salt/sand storage. Refer to General Note 3.3.4 on Drawing No. 99-146-WT2. 2.1.5 Demolitions related to the waste transfer function. Refer to General Note 3.3.5 on Drawing No. 99-146-WT2. 2.1.6 Electric lighting and related work. Refer to General Note 3.3.6 on Drawing No. 99-146-WT2. 2.2 The work is grouped in Clauses SP 2.1.1 to SP 2.1.6 inclusive above, as well as on the Form of Tender that is a part of this Contract, solely for the Owner's internal accounting purposes. The Contractor shall schedule and undertake the work in such a manner so as to most efficiently complete the work of this Contract regardless of the breakdown and groupings of Clauses SP 2.1.1 to SP 2.1.6. 2.3 The work is detailed on the engineering drawings that accompany this Specification and that are the Contract Drawings. These Contract Drawings and these Specifications constitute the complete Contract Documents. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE REHABILITATION OF SAND DOME (FORMER WASTE TRANSFER STATION) PAGE 15 DF 55 TENDER CL2005-42 SCHEDULE (8) - SPECIAL PROVISIONS (Cont'd) 2.3.1 Drawing No. 99-146-WT1 Municipality of Clarington Rehabilitation of Sand Dome at Waste Transfer Station General Notes - Sheet #1 August 20,2005 2.3.2 Drawing No. 99-146-WT2 Municipality of Clarington Rehabilitation of Sand Dome at Waste Transfer Station General Notes and Scope of Work August 15, 2005 2.3.3 Drawing No. 99-146-WT3 Municipality of Clarington Rehabilitation of Sand Dome at Waste Transfer Station Plan, Developed Elevation and Details August 15, 2005 2.3.4 Drawing No. 99-146-WT4 Municipality of Clarington Rehabilitation of Sand Dome at Waste Transfer Station Details August 15, 2005 2.3.5 Drawing No. 99-146-WT5 Municipality of Clarington Rehabilitation of Sand Dome at Waste Transfer Station Details August 15,2005 2.3.6 Drawing No. 99-146-WT6 Municipality of Clarington Rehabilitation of Sand Dome at Waste Transfer Station Existing Foundation August 15, 2005 2.3.7 Drawing No. 99-146-WT7 Municipality of Clarington Rehabilitation of Sand Dome at Waste Transfer Station Modified Foundation August 15, 2005 PAGE 16 OF 55 TENDER CL2005-42 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE REHABILITATION OF SAND DOME (FORMER WASTE TRANSFER STATION) SCHEDULE (B) - SPECIAL PROVISIONS (Cont'd) 2.4 Appended to, and included as a part of these Specifications, is a series of standard repair/strengthening details that are to be used in more than one location, or that are standard for existing domes. Said details are identified as Detail 1 to Detail 18 inclusive that respectively comprise Drawing 1 to Drawing 18. In these Specifications, and on the Contract Drawings of Clause 2.3, the standard details are referenced by the appropriate detail number. Repair/strengthening details that are specific to one particular location and condition are referenced on the Contract Drawings of Clause 2.3 by letters "A", "B", "C", etc. 3.0 MATERIALS 3.1 Roofing 3.1.1 The shingles shall be 3-tab "Aristocrat" asphalt shingles by IKO Industries Ltd., or equivalent. The shingles shall carry a manufacturer's written warranty of not less than 25 years and shall be of approximately 250 lb. per square. Colour shall be "Dual Brown". (The Municipality reserves the right to select and use an alternate basic colour from the same product line at no change in the Contract Price, with said substitution to be made prior to the Contractor ordering the shingles. Hence the Contractor shall obtain the Municipality's approval of colour prior to ordering the shingles.) 3.1.2 Tabless shingles may be used in lieu of the 3-tab shingles of Clause SP 3.1.1. Where tabless shingles are used the hip shingles shall be of the same weight and colour but cut from matching 3-tab shingles of the same manufacturer. 3.1.3 In Clause 3.1.1 the warranty in years shall be taken as the required specification. Shingle weights vary; they are quoted herein solely for information. 3.1.4 The quantity of shingles required shall be determined by the Contractor through field inspection. The estimated quantity of shingles required for the dome is approximately 140 square. The actual quantities used will vary among installers. 3.1.5 The Contractor shall tender as a lump sum to completely reroof the dome; no claim re extra roofing quantities will be considered. PAGE 17 OF 55 TENDER CL2005-42 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE REHABILITATION OF SAND DOME (FORMER WASTE TRANSFER STATION) SCHEDULE (8) - SPECIAL PROVISIONS (Cont'd) 3.1.6 3.1.7 3.1.8 3.1.9 3.1.10 3.1.11 3.1.12 Upon completion of the project the Contractor shall leave three unopened bundles of shingles from the same colour lot at the site for use in future repairs. Upon completion of the project the Contractor shall provide the Municipality with a copy of the shingle manufacturer's written warranty suitably endorsed to record the project, the date, the shingle type, and the shingle colour. Roll roofing shall be black NIS roll roofing that is installed with the half- width overlap as provided by the manufacturer. The joint of the NIS to the plywood roof, and all full overlaps, shall be fully bedded in compatible roofing cement. Ice and Water Shield as manufactured by Grace Industries may be used in lieu of the NIS of Sentence SP 3.1.8. Steel deck shall be galvanized and prefinished with a baked enamel or equivalent finish. Colour shall be solid Dark Brown or Solid Black on the finished face which shall be placed up. Deck shall be no thinner than 28 ga and it shall be installed full length such that there are no joints across the width of the deck. Deck shall be "V-groove" with a profile depth of 3/4~ in. and a spacing between grooves of 6~ in., I.e. "SuperVic" by Vic West or equivalent. Deck shall project beyond the roof edge as shown on the details. The steel deck of Clause SP 3.1.10 shall bear on two layers of 1X2 PT sleepers that are placed over the new NIS roofing. The lower layer of the sleepers that bears atop the NIS roofing shall be placed perpendicular to the canopy roof joists. Set the sleepers in a bed of roofing cement atop the NIS roofing. Fasten the sleepers with 3 in. nails spaced at 16 in. centres. Fasten the steel deck to the sleepers with prefinished screws of the same colour as the deck spaced at 12 in. centres, where each screw is complete with a rubber gasket. All flashings shall be 28 ga galvanized steel with legs of not less than 6 in.; step flashing shall have legs of not less than 3 in. Lengths of individual flashings shall be as long as practical, except that step flashings may be used at the canopy wall. PAGE 18 OF 55 TENDER CL2005-42 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE REHABILITATION OF SAND DOME (FORMER WASTE TRANSFER STATION) SCHEDULE (8) - SPECIAL PROVISIONS (Cont'd) 3.1.13 3.1.14 3.1.15 3.1.16 3.1.16.1 3.1.16.2 3.1.17 The cap flashing shall be 28 ga minimum galvanized sheet steel that is moulded on site to match the profile of the dome peak. The overlapped seam shall be sealed with roofing cement. Drip edge shall be 28 ga minimum galvanized steel or aluminum with vertical and horizontal legs of not less than 1 1/2 in. Locate drip edge as noted on the details. Roofing cement shall be asphaltic-based, "butter consistency" and compatible for use with the selected shingles and other components. All shingles shall be installed with roofing nails; staples shall not be used. Roofing nails shall be galvanized roofing nails conforming to CSA B111- 1974, "Wire Nails, Spikes and Staples". Nails used for the standard shingle shall be not less than 1 in. long. Each shingle shall be fastened with six nails that are located within the shingle as recommended on the shingle wrapper. Nails used for hip shingles shall be not less than 1 Y. in. long and there shall be two nails per hip shingle. New gravity roof vents shall be self-sealing 12 in. X 12 in. nominal PVC (or equal) non-metallic roof vents providing not less than 50 square inches of free vent area per vent. Vents shall be complete with insect screens. Colour shall be dark brown. Suitable vents are: a) Catalogue #761 BR 6F by Milcor L.P. b) Model No. 6075 BR by Duraflo. 3.2 Structural Materials 3.2.1 All lumber shall conform to the standard grading rules of the National Lumber Grades Authority and to CAN/CSA-086.1-M01, "Engineering Design in Wood". All lumber shall be No. 1/No. 2 KD (kiln dried) SPF (spruce-pine-fir). PAGE 19 OF 55 TENDER CL2005-42 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE REHABILITATION OF SAND DOME (FORMER WASTE TRANSFER STATION) SCHEDULE (8) - SPECIAL PROVISIONS (Cont'd) 3.2.2 3.2.3 3.2.4 3.2.4.1 3.2.4.2 3.2.4.3 3.2.4.4 3.2.4.5 3.2.5 Lumber marked "PT" shall be pressure preservative treated spruce (PT SPF). Treatment shall be for ground contact with CCA, ACA, ACQ or Copper Quat in conformity with CAN/CSA-080-M89, "Wood Preservation". Liberally brush coat all freshly cut ends and drill holes with a compatible commercial preservative. Use and apply such preservative in accordance with the manufacturer's instructions. Use only such quantities as are required to do the job; avoid spilling any excess. All plywood shall be Douglas-fir plywood conforming to the requirements of CSA 0121-M1978, "Douglas Fir Plywood", or it shall be Canadian softwood plywood (spruce) conforming to the requirements of CSA 0151- M1978, "Canadian Softwood Plywood". Unless otherwise noted all plywood shall be 1'2 in. Existing panel hardware that must be removed to accommodate this work may be reused except where such hardware is heavily corroded, where it is damaged in its removal, or where different sizes are required to accommodate these repairs. When new hardware is required it shall match the existing. Bolts shall be 5/8 in. diameter unless otherwise noted, conforming to ASTM A307. 5/8 in. threaded rod conforming to ASTM A307 may be used in lieu of the specified long bolts. Hex nuts to match bolts. Washers shall be cut from mild steel, and: a) if square shall measure 21'2 in. X 21'2 in. X 3/16 in. thick minimum, and b) if round shall measure 2% in. diameter X 3/16 in. thick, minimum. Splice plates shall be 12 ga. and of the dimensions shown on the drawings. Use an existing splice plate as a template. The work of this Contract requires the supply of some new panels: a) New panels are required to close the existing opening at Sector 16. b) New panels may be preferred for either side of the modified doorways c) New panels may be preferred in lieu of repairing the more heavily damaged panels. PAGE 20 OF 55 TENDER CL2005-42 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE REHABILITATION OF SAND DOME (FORMER WASTE TRANSFER STATION) SCHEDULE (8) - SPECIAL PROVISIONS (Cont'd) 3.2.6 3.2.7 3.2.8 3.2.9 3.2.10 3.2.11 The Contractor has two choices with respect to the supply of new panels. a) The Contractor may manufacture new panels on site using the existing panels as templates and the methods and techniques of Details 4 to 8 inclusive plus General Note 4.11. Note that all field- manufactured new panels shall have glued and nail laminated doubled toprails, bottomrails and siderails and that the panel hardware shall be adjusted accordingly. b) The Contractor may supply new factory-built panels that are made in conformity with these specifications and the original dome drawings. Said panels are available from one manufacturer only: Bulk-Store Structures Ltd. ERIN, Ontario Telephone 519 833 9681 All nails, spikes and staples shall be galvanized and shall conform to the requirements of CSA B111-1974, 'Wire Nails, Spikes and Staples". Nails shall be common round wire nails or common spiral nails and of the lengths shown on the drawings. Adhesive shall be a waterproof phenol, resorcinol, or phenol-resorcinol resin adhesive conforming to the requirements of CSA 0112.7-M1977, "Resorcinol and Phenol-Resorcinol Resin Adhesives for Wood (Room and Intermediate Temperature Curing)". Alternately, an epoxy-based resin adhesive or a polyurethane resin adhesive that is waterproof and formulated for wood may be used. Three suitable adhesives are: Bulldog PL Premier Bulldog PL 400 Lumber Lock Thermosetting or non-waterproof glues ("Elmer's"-type PVC white glue or "carpenter's"-type yellow glue) do not meet this Specification and shall not be used. Prefabricated galvanized steel clip angles shall be "L30" or "L50" as manufactured by the Simpson Strong-Tie Company, or equivalent. Nails used with the clip angles shall be as specified on the drawings. Alternately, ring shank nails of the type, diameter and length specified by the manufacturer of the clip angle may be used. Steel shall conform to CAN/CSA-G40.21-300W. Welding shall conform to CSA W59. PAGE 21 OF 55 TENDER CL2005-42 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE REHABILITATION OF SAND DOME (FORMER WASTE TRANSFER STATION) SCHEDULE (B) - SPECIAL PROVISIONS (Cont'd) 3.2.12 New anchor bolts shall be 5/8 in. threaded rod of the dimensions 'shown on the drawings. Anchor bolts marked "AB1" and "AB2" shall be hot-dip galvanized and complete with galvanized matching nuts and washers conforming to Clause SP 3.2.4 above. Anchor bolts marked "AB3" may be plain black steel. Provide couplers at "AB3" to suit. Note: In lieu of anchor bolts AB3 as shown on the drawings, the Contractor may: a) Drill and set a new 5/8 in. Hilti type anchor complete with coupler and threaded rod AB3 to replace each existing anchor bolt. Or drill and epoxy-set a 15M dowel to coincide with each vertical Bar #1515. b) 3.2.13 Concrete shall be Class C1 per CSA A23.1 having a minimum compressive strength at 28 days of not less than 35 MPa and containing 5% to 7% entrained air. The Contractor shall arrange for cylinders to be cast and tested by an independent testing laboratory to confirm that the concrete as placed conforms to these specifications. The extent and the methods of testing shall conform to appropriate CSA standards and OPSS specifications. Submittal of the confirming testing certificates is a mandatory requirement prior to the release of holdback. 3.2.14 All reinforcing steel shall be new and clean deformed bars conforming to CSA G30.12. All reinforcing steel shall be epoxy coated to CSA and OPSS standards. Touch up all epoxy coating as/where required. 3.2.15 Grout to be used to fill voids under the sill plates, if and where required, shall be non-shrink non-metallic, i.e. "In-Pakt" or equivalent. Store, mix, apply and cure the grout in accordance with the manufacturer's recommendations. Use sufficient grout to assure that all voids are filled and that all sill plates bear fully across their full width and along their full length. 4.0 DEMOLITION AND DISPOSAL 4.1 The Municipality supports a policy to encourage and promote the 3-R's of material and energy consumption (reduce, reuse and recycle). In accepting this Contract the Contractor undertakes to adhere to these same principles. 4.2 The work specified herein will generate waste and debris. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE REHABILITATION OF SAND DOME (FORMER WASTE TRANSFER STATION) PAGE 22 OF 55 TENDER CL2005-42 SCHEDULE (8) - SPECIAL PROVISIONS (Cont'd) 4.2.1 All materials identified herein to be disposed of off site shall be removed at the Contractor's expense to an MOE-approved site in an MOE-approved manner. 4.2.2 All materials identified herein to remain at the site shall be neatly stockpiled at a location within the yard to be designated by the Owner. 4.3 The Contractor is responsible for selecting the appropriate disposal site. The Contractor is advised that certain landfill sites and other recipients of construction waste will only accept asphalt shingles when said shingles have been separated from all wood and other materials. The Contractor is required to prepare, separate and/or ship the construction waste in a manner that is acceptable to the intended disposal site. 4.4 All debris and construction waste shall be hauled from the site in trucks licensed for such haulage. 4.5 The Municipality reserves the right to require the Contractor to provide certificates or other appropriate documentation to confirm that disposal has been undertaken in compliance with Clause SP 4.2.1 above. Where requested such certificates shall be furnished prior to, and as a specific condition of, the Municipality's final release of holdback. Certificates shall state the location and date of the disposal site, that disposal has been completed satisfactorily, and that all applicable fees and permits have been paid. 5.0 ROOFING 5.1 All workers shall wear the appropriate clothing and safety wear as required by the Occupational Health and Safety Act and all other applicable legislation and regulations. At all times all workers shall be appropriately tied off. 5.2 Existing shingles and all other roofing on the dome shall be removed and disposed of off site. 5.3 All components used in the reroofing of the domes shall be new and as specified in Clause SP 3.1 above, including but not limited to all shingles; all gravity vents at the dome peak; all flashings; all steel, PT sleepers and NIS or Ice and Water Shield on the canopy roofs; roofing cement; roofing nails; etc. 5.4 Prior to reroofing, all damaged and/or decayed plywood shall be replaced. Replacement shall be within the Contract's Lump Sum Price for damaged and/or decayed plywood that is specifically noted on Drawings No. 99-146-WT3 to No. 99-146-WT6, or on the pre-approved Unit Price basis in the Form of Tender for damaged and/or decayed plywood that only becomes evident during the course of this work. Refer also to Clause SP 6.3. PAGE 23 OF 55 TENDER CL2005-42 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE REHABILITATION OF SAND DOME (FORMER WASTE TRANSFER STATION) SCHEDULE (B) - SPECIAL PROVISIONS (Cont'd) 5.5 Prior to reroofing, all damaged and/or decayed panel lumber shall be replaced This work shall be within the Contract's Lump Sum Price for damaged and/or decayed panel lumber that is specifically noted on Drawings No. 99-146-WT3 to No. 99-146-WT6, or on the pre-approved Unit Price basis in the Form of Tender for damaged and/or decayed lumber that only becomes evident during the course of this work. Refer also to Clause SP 6.4. 5.6 The dry sill plate to concrete joint shall be liberally coated with roofing cement prior to the start of shingle installation. See also Detail 11. 5.7 All roofing shall be installed in accordance with the manufacturer's recommendations. The starter strip and the bottom shingle shall be bedded in roofing cement applied to the dry concrete foundation. See also Detail 11. 5.8 Standard shingles on dome panels shall end within not more than 3 in. of the vertical joints between panels such that the gap between shingles on abutting panels will be completely covered by the hip shingles. Do not carry standard shingles across vertical panel joints. 5.9 All vertical panel joints are to be covered with a single row of overlapping hip shingles from the dome base to the dome peak. Hip shingles shall be formed by cutting standard 3-tab shingles into three equal segments, where each tab forms one segment. 5.10 Install new flashings where indicated. Seat the new peak flashing in a bed of roofing cement. Seal the cap seam with roofing cement. See also Detail 13. 5.11 Roofing jacks that are used to provide access shall be placed to coincide with the panel 4X4s only. All jack nails are to be driven through the plywood and into the 4X4s. Jacks shall not be placed where the jack nails penetrate only the plywood. Use large headed roofing nails that will lie flat and not impede the sealing of the shingles. Following removal of the jacks ensure that all jack nails are driven fully home and that all shingles are properly seated. 5.12 All shingle wrappers and other debris shall be prevented from blowing onto neighbouring properties. As often as is necessary, and no less frequently than at the end of each working day, all shingle wrappers shall be gathered and stored. Interim storage during the course of the work may be inside the dome. 5.13 Upon completion of the work the site shall be thoroughly cleaned of all debris and wrappers. Nails shall be gathered by sweeping the site, both inside and outside the dome, with both bristle brooms and magnetic rollers. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE REHABILITATION OF SAND DOME (FORMER WASTE TRANSFER STATION) PAGE 24 OF 55 TENDER CL2005-42 SCHEDULE (B) - SPECIAL PROVISIONS (Cant'd) 5.14 Inasmuch as this Contract is being tendered and let late in the year it may develop that prevailing weather conditions are not suitable for the installation of the roofing. The Owner therefore reserves the right, at its sole discretion, to require that all work of this Contract, save for all roofing on the dome, is to be completed prior to the stipulated Completion Date. The roofing installation would then occur in Spring 2006. Refer also to Clause GR 9.7 (b) of Schedule (A) General Conditions. 6.0 STRUCTURAL REPAIRS 6.1 All workers shall wear and utilize all clothing and safety equipment as required by the Occupational Health and Safety Act and all other applicable legislation and regulations. All workers performing aerial work shall be tied off at all times. 6.2 The work included is that cited by Clause SP 2.1.2 to Clause SP 2.1.6 inclusive and as further specified in the clauses that follow. In addition, some replacement of decayed plywood cladding and/or some strengthening of decayed lumber may be required. The extent of such additional replacement, if any, will become apparent during the course of this construction. The Form of Tender comprising a part of this Contract stipulates the unit prices for such plywood and/or lumber replacement. All such replacement/strengthening shall be undertaken subject to the prior written approval of the Municipality or the Engineer. 6.3 Where any plywood replacement is required and approved under Clause SP 6.2 above it shall be done as follows. Any such work shall be undertaken only under conditions of no rain or threat thereof. All new plywood and existing panel lumber shall be in a "dry" condition for this work. 6.3.1 Break out and remove plywood as whole sheets. Chip away all remaining adhered fragments of plywood. 6.3.2 Remove any remaining nails and/or staples left from the plywood removal. 6.3.3 Clean the exposed surfaces of the panel's framing lumber of all loose material and debris. 6.3.4 Liberally coat the exposed surface of the panel lumber with adhesive that has been mixed and applied in accordance with the manufacturer's recommendations. 6.3.5 Liberally coat the mating surface of the plywood with the same adhesive. 6.3.6 Place new plywood in position. Fasten to all underlying lumber framing with 2 in. nails spaced at 2 in. PAGE 25 OF 55 TENDER CL2DD5-42 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE REHABILITATION OF SAND DOME (FORMER WASTE TRANSFER STATION) SCHEDULE (8) - SPECIAL PROVISIONS (Cont'd) 6.4 Where any panel framing lumber strengthening is required and approved under Clause SP 6.2 it shall be done as follows. Any such work shall be undertaken only under conditions of no rain or threat thereof. All new lumber and existing plywood and lumber shall be in a "dry" condition for this work. 6.4.1 Where the decayed member is a 4X4, leave the 4X4 in place and install a new 2X6 full length along each face. This work shall conform to Detail 8 herein. 6.4.2 Where the decayed member is a 2X6, leave the 2X6 in place and install a new 2X6 full length alongside. For siderails refer to Detail 7 herein; for toprails and bottomrails refer to Details 6A and 68 herein. 6.5 Undertake repairs and modifications of panels and other components as noted on the Contract Drawings. New members are to be nailed to the plywood from outside and to the existing lumber framing inside as specified on the Contract Drawings. Stagger all nailing to avoid splitting. Use existing bolt holes as templates to drill new members. Install longer bolts where additional members have been installed alongside existing siderails, toprails and/or bottom rails. 6.6 Sill plate installation shall be done in accordance with Drawing 11 and Drawing 12. 6.7 The Drawings specify the reinstallation and/or the improvement of certain secondary structural elements in the dome, i.e. scissor-bracing at Panel No.7, strut bracing at doorways, etc. All such secondary elements are to be reinstalled to match the existing conditions and improved as/where required to match the conditions specified herein. Certain existing secondary elements may be damaged in their removal and/or otherwise unsuitable for reinstallation. All such elements are to be replaced with new components as part of the lump sum work of this Contract. 6.8 In these Specifications and on the Contract Drawings the words "repair", "strengthen", "provide" and "replace" are used interchangeably with regard to remediation of damaged and/or decayed panel lumber components. In all such cases lumber remediation is by Details 4, 6A, 68, 7 and/or 8 wherein the existing lumber is left in place and new lumber is installed alongside as shown on the drawings. PAGE 26 OF 55 TENDER CL2005-42 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE REHABILITATION OF SAND DOME (FORMER WASTE TRANSFER STATION) SCHEDULE (8) - SPECIAL PROVISIONS (Cont'd) 7.0 STANDARD DETAILS 7.1 Standard Detail 1 to Detail 18 inclusive comprise this section. All standard details are printed on 8 1/2 X 11 format as Drawing 1 to Drawing 18 inclusive and are appended hereto. 7.2 All standard details do not apply to this dome. Refer to the Contract Drawings of Clause SP 2.2 to determine which details apply and where they are to be used. 8.0 DEMOLITION AND YARD REMEDIATION 8.1 The work of this Contract requires localized demolition of portions of the existing dome structure, as well as demolition of related structures at the site. Undertake such demolition in accordance with these Specifications and with the scope of work described by Drawing No. 99-146-WT2. 8.2 Demolition will create construction waste and debris; dispose of all such material in accordance with Clause SP 4.0 of these Specifications. 8.3 The major items of demolition re the dome are as follows: a) Parts of concrete foundation; see Clause SP 8.5. b) Roofing on entire dome. c) Canopy structures; see Clause SP 8.6 below. d) Suspended slab, supporting walls and/or granular fill at the existing east doorway. e) Exterior granular ramp at existing east doorway; see also Clause 8.8. t) Residue of interior wood bull-ring wall. g) Interior steel framing, including push-wall and columnllintel frames at each opening. h) Electrical; refer to Clause SP 9.0. 8.4 The major items of other demolition are as follows: a) The compactor building, including its superstructure, floor slab, and all below-grade concrete foundations. b) The salt shed, including its superstructure, floor slab and all below-grade concrete foundations. c) An area of oil-contaminated soil to the west of the salt shed, measuring 12 ft. in the east-west direction and of the same width as the salt shed in the north-south direction. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE REHABILITATION OF SAND DOME (FORMER WASTE TRANSFER STATION) PAGE 27 OF 55 TENDER CL2005-42 SCHEDULE (8) - SPECIAL PROVISIONS (Cont'd) Note: The drawings specify excavation/backfill re contaminated soil at the salt shed to a discrete depth over a specified area. Should additional excavation and backfill be required, either at the salt shed or elsewhere, the Contractor shall undertake same subject to the written authorization of the Owner or the Engineer. The Contractor shall be paid for such extra work per Unit Price (c) of the Form of Tender. 8.5 Only some of the existing concrete ring foundation is to be demolished since most of the existing foundation is to be retained as is and incorporated as the base of the extended foundation wall. With respect to this demolition: a) The locations and the extent of the demolition are shown on Drawing No. 99-146-WT8. Ensure that only the indicated demolition, and no more than the indicated demolition, is completed. b) Portions of the concrete foundation are to be removed in their entirety. In other portions of the foundation, only the concrete is to be removed, Le. the existing rebar is to be retained, cleaned and re-used. Exercise special care to ensure that the indicated rebar is retained undamaged. c) Where demolition of the existing concrete leaves a void, fill with compacted Granular B or mass concrete. d) Exposed saw-cuts that will remain in the finished dome are to be neat, smooth, and plumb and made with a single pass of the saw. 8.6 The existing east and south canopy structures are damaged and deteriorated. Furthermore, the existing doorway width is 15 ft. at the south canopy and less at the east canopy, whereas the width of the modified doorways is to be 18 ft. Hence the entire doorway structures, including the roofs, walls, trusses and lintels are to be demolished. Note the following: a) The drawings detail the new trusses that are to be fabricated using the existing truss as a template for geometry. Do not demolish and discard the existing truss without capturing its geometry. b) Special Panels 1AL and 1AR, 2AL and 2AR, and 3AL and 3AR require modification to suit the widened doorways. Details of the revised panels are given on the drawings. PAGE 28 OF 55 TENDER CL2005-42 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE REHABILITATION OF SAND DOME (FORMER WASTE TRANSFER STATION) SCHEDULE (B) - SPECIAL PROVISIONS (Cont'd) 8.7 The remaining 8X8 posts from the bull-ring wall are to be removed. The Contractor shall: a) Cut the posts off at not less than 2 in. below the top of asphalt and then fill the holes with compacted cold patch asphalt. b) Or pull the posts entirely, with the resulting holes to be filled with well compacted Granular B that is placed and compacted in 6 in. lifts, and with the upper 2 in. to be cold patch asphalt. 8.8 The steel posts and braces of the push-wall are to be removed. The Contractor shall cut off all steel connections flush with the face of the existing concrete ring and shall: a) Cut the posts off at not less than 2 in. below the top of asphalt and then fill the holes with compacted cold patch asphalt. b) Or pull the posts entirely, with the resulting holes to be filled with well compacted Granular B that is placed and compacted in 6 in. lifts, and with the upper 2 in. to be cold patch asphalt. 8.9 In addition to the work of Clause SP 8.3 preceding to be completed per Clauses SP 8.4 to SP 8.8, undertake such other localized demolition, disposal and remediation as is necessary for completion of this project. 8.10 Local back-filling and site grading are required following the demolitions to restore the yard's utility. This will include: a) Removal of the existing granular ramp at the east canopy and local grading to suit the new doorway of Sector 6. b) Underpinning of existing dome foundation where required at Sector 16/17 at existing loading ramp. c) Site where compactor building is removed. d) Site where loading ramp to compactor is filled in. e) Site where existing salt shed is removed. f) Site where contaminated soil is removed from behind the salt shed. All back-fill for all of the above shall be drawn as required by the Contractor from the existing pile of reclaimed asphalt pavement that is located at the south end of the yard. Such material shall be supplied by the Owner at no cost to the Contractor. Note that all grading undertaken in conjunction with this Contract shall be consistent with, and sympathetic to the yard's existing grades, such that drainage patterns are not altered and such that the entire yard is suitable for the Owner's vehicles to travel over and use. PAGE 29 OF 55 TENDER CL2005-42 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE REHABILITATION OF SAND DOME (FORMER WASTE TRANSFER STATION) SCHEDULE (8) - SPECIAL PROVISIONS (Co nt' d) 9.0 ELECTRICAL 9.1 The dome is presently equipped with electrical facilities. The general intent of this Contract is that the rehabilitated dome will have similar, but different, electrical facilities. 9.2 The existing electrical facilities are as follows: a) Service to the dome and internal distribution wiring as required. b) There are a total of six flood lights mounted at the level of the junction of Panels NO.3 and NO.4 to illuminate the dome's interior. They are located at the joint of Sectors 1/2 and 2/3, as well as at Sectors 4, 16, 18 and 19. e) The present operating status of the lights is unknown. d) There is a functional fan mounted in a fan dormer at Sector 10 Panel No. 4. 9.3 Demolish all existing electrical facilities of Clause SP 9.2. a) Provide the existing six light fixtures complete with their lamps to the Owner. They are, and they shall remain, the property of the Owner. b) All other materials and components of Clause SP 9.2 shall be disposed of off site. e) Where the fan and dormer is removed the opening is to be closed using standard Details 4 to 8 and General Note No. 4.11. 9.4 Supply and install a new lockable, weatherproof box that is mounted on the south side of the existing pole that is located closest to the north side of the east canopy. See Drawing No. 99-146-WT2. Mount a 200 amp panel, complete with all breakers, switches, controls, etc. that are required to complete the electrical as described herein. 9.5 At the rehabilitated dome the electrical service is to be: a) Provide a new overhead wire from the top of the existing pole of Clause SP 9.4 across to the north side of the new canopy structure at Sector 6. Direct mount to the canopy, or to a pole that is to be mounted on the north side of the canopy, howsoever is necessary to yield the required clearance and to satisfy the authority having jurisdiction. b) Provide a double receptacle on a dedicated circuit, mounted in the new weatherproof box to of Clause SP 9.4. PAGE 30 OF 55 TENDER CL2005-42 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE REHABILITATION OF SAND DOME (FORMER WASTE TRANSFER STATION) SCHEDULE (B) - SPECIAL PROVISIONS (Cont'd) c) Provide one spot light (total of four) at each outside corner of each canopy roof. Locate to light the working area in front of the dome. These lights are to be on motion detector control on a designated circuit for each canopy with a manual switch override mounted in the box of Clause SP 9.4. The motion detectors are to be placed/aimed such that the lights are triggered by activities on the apron immediately outside the dome's doorways. d) All new lights shall be 250W HPS and all shall be selected to be durable and suitable for installation within this working environment, i.e. exterior mounting, subject to the weather, presence of salt, roosting pigeons, etc. e) Distribution wiring to all of (a) to (d) above. f) Locate all service wiring to avoid being snagged by equipment working in or around the dome. Securely fasten all wiring to dome structure. 9.6 In addition, provide such other facilities and carry out such other work as is incidental to the successful completion of the new electrical as described herein. 9.7 All new electrical shall conform to all local and provincial codes and standards. Provide an inspection certificate from the authority having jurisdiction to confirm that all installation is satisfactory and code complying. 10.0 WORK EXCLUDED 10.1 The following related work will be performed by others and is therefore excluded from the Contractor's scope of work. 10.1.1 Clean out of salt from inside the dome as required for the completion of this work. 10.1.2 Removal of equipment and/or stored materials from around the exterior of the dome base as/where required for the completion of this work. 10.1.3 Disconnection of electrical service to existing dome at source, if required. 10.1.4 Reconnection of electrical power at source. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE REHABILITATION OF SAND DOME (FORMER WASTE TRANSFER STATION) PAGE 31 OF 55 TENDER CL2005-42 SCHEDULE (B) - SPECIAL PROVISIONS (Cont'd) 10.2 The work of Clause SP 10.1 shall be undertaken by the Municipality. The Municipality shall undertake such work only as is required for the successful completion of the work. The Contractor shall provide adequate notice of when removals under Clause SP 10.1 are required. PAGE 32 OF 55 TENDER CL2005-42 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE REHABILITATION OF SAND DOME (FORMER WASTE TRANSFER STATION) SCHEDULE (C) STANDARD TERMS AND CONDITIONS 1. DEFINITIONS Municipality - The Corporation of the Municipality of Clarington, its successors and assigns. Bidder - The person, firm or corporation submitting a bid to the Municipality. Company - The person, contractor, firm or corporation to whom the Municipality has awarded the contract, it successors and assigns. Contract - The purchase order authorizing the company to perform the work, purchase order alterations, the document and addenda, the bid, and surety. Subcontractor - A person, firm or corporation having a contract with the company for, or any part of, the work. Document - The document(s) issued by the Municipality in response to which bids are invited to perform the work in accordance with the specifications contained in the document. Bid - An offer by a Bidder in response to the document issued by the Municipality. Work - All labour, materials, products, articles, fixtures, services, supplies, and acts required to be done, furnished or performed by the company, which are subject to the Contract. 2. SUBMISSION OF BID Bid invitation shall be in accordance with the Municipality of Clarington Purchasing By-law #94-129 and will apply for the calling, receiving, and opening of bids. The Municipality will be responsible for evaluating bids, awarding and administering the contract in accordance with the Purchasing By-law. The bid must be submitted on the form(s) and in the envelope supplied by the Municipality unless otherwise provided herein. The envelope must not be covered by any outside wrappings, i.e. courier envelopes or other coverings. The bid must be signed by a designated signing officer of the Bidder. PAGE 33 OF 55 TENDER CL2005-42 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE REHABILITATION OF SAND DOME (FORMER WASTE TRANSFER STATION) SCHEDULE (C) STANDARD TERMS AND CONDITIONS continued If a joint bid is submitted, it must be signed on behalf of each of the Bidders. The bid must be legible, written in ink, or typewritten. Any form of erasure, strikeout or over-writing must be initialled by the Bidder's authorized signing officer. The bid must not be restricted by a covering letter, a statement added, or by alterations to the document unless otherwise provided herein. Failure to return the document or invitation may result in the removal of the Bidder from the Municipality's bidder's list. A bid received after the closing date and time will not be considered and will be returned, unopened. Should a dispute arise from the terms and conditions of any part of the contract, regarding meaning, intent or ambiguity, the decision of the Municipality shall be final. 3. CONTRACT The contract consists of the documents aforementioned. The contract and portions thereof take precedence in the order in which they are named above, notwithstanding the chronological order in which they are issued or executed. The intent of the contract is that the Company shall supply work which is fit and suitable for the Municipality's intended use and complete for a particular purpose. None of the conditions contained in the Bidder's standard or general conditions of sale shall be of any effect unless explicitly agreed to by the Municipality and specifically referred to in the purchase order. 4. CLARIFICATION OF THE DOCUMENT Any clarification of the document required by the Bidder prior to submission of its bid shall be requested through the Municipality's contact identified in the document. Any such clarification so given shall not in any way alter the document and in no case shall oral arrangements be considered. PAGE 34 OF 55 TENDER CL2005-42 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE REHABILITATION OF SAND DOME (FORMER WASTE TRANSFER STATION) SCHEDULE (e) STANDARD TERMS AND CONDITIONS continued Every notice, advice or other communication pertaining thereto will be in the form of a written addendum. No officer, agent or employee of the Municipality is authorized to alter orally any portion of the document. 5. PROOF OF ABILITY The bidder may be required to show, in terms of experience and facilities, evidence of its ability, as well as that of any proposed subcontractor, to perform the work by the specified delivery date. 6. DELIVERY Unless otherwise stated, the work specified in the bid shall be delivered or completely performed by the Company as soon as possible and in any event within the period set out herein as the guaranteed period of delivery or completion after receipt of a purchase order therefor. A detailed delivery ticket or piece tally, showing the exact quantity of goods, materials, articles or equipment, shall accompany each delivery thereof. Receiving by a foreperson, storekeeper or other such receiver shall not bind the Municipality to accept the work covered thereby, or the particulars of the delivery ticket or piece tally thereof. Work shall be subject to further inspection and approval by the Municipality. The Company shall be responsible for arranging the work so that completion shall be as specified in the contract. Time shall be of the essence of the contract. 7. PRICING Prices shall be in Canadian Funds, quoted separately for each item stipulated, F.O.B. destination. Prices shall be firm for the duration of the contract. PAGE 35 OF 55 TENDER CL2005-42 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE REHABILITATION OF SAND DOME (FORMER WASTE TRANSFER STATION) SCHEDULE (C) STANDARD TERMS AND CONDITIONS continued Prices bid must include all incidental costs and the Company shall be deemed to be satisfied as to the full requirements of the bid. No claims for extra work will be entertained and any additional work must be authorized in writing prior to commencement. Should the Company require more information or clarification on any point, it must be obtained prior to the submission of the bid. Payment shall be full compensation for all costs related to the work, including operating and overhead costs to provide work to the satisfaction of the Municipality. All prices quoted shall include applicable customs duty, excise tax, freight, insurance, and all other charges of every kind attributable to the work. Goods and Services Tax and Provincial Sales Tax shall be extra and not shown, unless otherwise specified herein. If the Bidder intends to manufacture or fabricate any part of the work outside of Canada, it shall arrange its shipping procedures so that its agent or representative in Canada is the importer of record for customs purposes. Should any additional tax, duty or any variation in any tax or duty be imposed by the Government of Canada or the Province of Ontario become directly applicable to work specified in this document subsequent to its submission by the Bidder and before the delivery of the work covered thereby pursuant to a purchase order issued by the Municipality appropriate increase or decrease in the price of work shall be made to compensate for such changes as of the effective date thereof. 8. TERMS OF PAYMENT Where required by the Construction Lien Act appropriate monies may be held back until 60 days after the completion of the work. Payments made hereunder, including final payment shall not relieve the company from its obligations or liabilities under the contract. Acceptance by the company of the final payment shall constitute a waiver of claims by the company against the Municipality, except those previously made in writing in accordance with the contract and still unsettled. PAGE 36 OF 55 TENOER CL2005-42 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE REHABILITATION OF SAND DOME (FORMER WASTE TRANSFER STATION) SCHEDULE (C) STANDARD TERMS AND CONDITIONS continued The Municipality shall have the right to withhold from any sum otherwise payable to the company such amount as may be sufficient to remedy any defect or deficiency in the work, pending correction of it. Payment may be made 30 days after delivery pursuant to the Bidder submitting an invoice, contract requirements being completed and work being deemed satisfactory. 9. PATENTS AND COPYRIGHTS The company shall, at its expense, defend all claims, actions or proceedings against the Municipality based on any allegations that the work or any part of the work constitutes an infringement of any patent, copyright or other proprietary right, and shall pay to the Municipality all costs, damages, charges and expenses, including its lawyers' fees on a solicitor and his own client basis occasioned to the Municipality by reason thereof. The company shall pay all royalties and patent license fees required for the work. If the work or any part thereof is in any action or proceeding held to constitute an infringement, the company shall forthwith either secure for the Municipality the right to continue using the work or shall at the company's expense, replace the infringing work with non-infringing work or modify it so that the work no longer infringes. 10. ALTERNATES Any opinion with regard to the use of a proposed alternate determined by the Municipality shall be final. Any bid proposing an alternate will not be considered unless otherwise specified herein. 11. EQUIVALENCY Any opinion determined by the Municipality with respect to equivalency shall be final. 12. ASSIGNMENT AND SUBCONTRACTING The company shall not assign or subcontract the contract or any portion thereof without the prior written consent of the Municipality. PAGE 37 OF 55 TENDER CL2005-42 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE REHABILITATION OF SAND DOME (FORMER WASTE TRANSFER STATION) SCHEDULE (C) 13. FINANCING INFORMATION REQUIRED OF THE COMPANY STANDARD TERMS AND CONDITIONS continued The Municipality is entitled to request of the Company to furnish reasonable evidence that financial arrangements have been made to fulfill the Company's obligations under the Contract. 14. LAWS AND REGULATIONS The company shall comply with relevant Federal, Provincial and Municipal statutes, regulations and by-laws pertaining to the work and its performance. The company shall be responsible for ensuring similar compliance by suppliers and subcontractors. The contract shall be governed by and interpreted in accordance with the laws of the Province of Ontario. 15. CORRECTION OF DEFECTS If at any time prior to one year after the actual delivery date or completion of the work (or specified warranty/guarantee period if longer than one year) any part of the work becomes defective or is deficient or fails due to defect in design, material or workmanship, or otherwise fails to meet the requirements of the contract, the company, upon request, shall make good every such defect, deficiency or failure without cost to the Municipality. The company shall pay all transportation costs for work both ways between the company's factory or repair depot and the point of use. 16. BID ACCEPTANCE The Municipality reserves the right to award by item, or part thereof, groups of items, or parts thereof, or all items of the bids and to award contracts to one or more bidders submitting identical bids as to price; to accept or reject any bids in whole or in part; to waive irregularities and omissions, if in so doing, the best interests of the Municipality will be served. No liability shall accrue to the Municipality for its decision in this regard. Bids shall be irrevocable for 90 days after the official closing time. The placing in the mail or delivery to the Bidder's shown address given in the bid of a notice of award to a bidder by the Municipality shall constitute notice of acceptance of contract by the Municipality to the extent described in the notice of award. PAGE 38 OF 55 TENDER Cl2005-42 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE REHABILITATION OF SAND DOME (FORMER WASTE TRANSFER STATION) SCHEDULE (C) 17. DEFAULT BY COMPANY STANDARD TERMS AND CONDITIONS continued 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 disregards statutes, regulations, by-laws or directives of relevant authorities relating to the work; or fails to prosecute the work with skill and diligence; or assigns or sublets the contract or any portion thereof without the Municipality's prior written consent; or refuses to correct defective work; or is otherwise in default in carrying out its part of any of the terms, conditions and obligations of the contract, then, in any such case, the Municipality may, upon expiration of ten days from the date of written notice to the company, terminate the contract. c. Any termination of the contract by the Municipality, as aforesaid, shall be without prejudice to any other rights or remedies the Municipality may have and without incurring any liability whatsoever in respect thereto. 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; iii) recover from the company loss, damage and expense incurred by the Municipality by reason of the company's default (which may be deducted from any monies due or becoming due to the company, any balance to be paid by the company to the Municipality). THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE REHABILITATION OF SAND DOME (FORMER WASTE TRANSFER STATION) PAGE 39 OF 55 TENDER CL2005-42 SCHEDULE (C) 18. CONTRACT CANCELLATION STANDARD TERMS AND CONDITIONS continued The Municipality shall have the right, which may be exercised from time to time, to cancel any uncompleted or unperformed portion of the work or part thereof. In the event of such cancellation, the Municipality and the Company may negotiate a settlement. The Municipality shall not be liable to the Company for loss of anticipated profit on the cancelled portion or portions of the work. 19. QUANTITIES Unless otherwise specified herein, quantities are shown as approximate, are not guaranteed to be accurate, are fumished without any liability on behalf of the Municipality and shall be used as a basis for comparison only. Payment will be by the unit complete at the bid price on actual quantities deemed acceptable by the Municipality. 20. SAMPLES Upon request, samples must be submitted strictly in accordance with instructions. If samples are requested subsequent to opening of bids, they shall be delivered within three (3) working days following such request, unless additional time is granted. Samples must be submitted free of charge and will be returned at the bidder's expense, upon request, provided they have not been destroyed by tests, or are not required for comparison purposes. The acceptance of samples by the Municipality shall be at its sole discretion and any such acceptance shall in no way be construed to imply relief of the company from its obligations under the contract. Samples submitted must be accompanied by current Material Safety Data Sheets (MSDS) where applicable. 21. SURETY The successful tenderer shall, if the Municipality in its absolute discretion so desires, be required to satisfy surety requirements by providing a deposit in the form of a certified cheque, bank draft or money order or other form of surety, in an amount determined by the Municipality. This surety may be held by the Municipality until 60 days after the day on which all PAGE 40 OF 55 TENDER CL2005-42 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE REHABILITATION OF SAND DOME (FORMER WASTE TRANSFER STATION) SCHEDULE (C) STANDARD TERMS AND CONDITIONS continued SURETY continued work covered by the contract has been completed and accepted. The surety may be returned before the 60 days have elapsed providing satisfactory evidence is provided that all liabilities incurred by the company in carrying out the work have expired or have been satisfied and that a Certificate of Clearance from the WSIB - Workplace Safety Insurance Board has been received. The company shall, if the Municipality in its absolute discretion so desires, be required to satisfy fidelity bonding requirements by providing such bonding in an amount and form determined by the Municipality. Failure to furnish required surety within two weeks from date of request thereof by the Municipality shall make the award of the Contract by the Municipality subject to withdrawal. 22. WORKPLACE SAFETY AND INSURANCE BOARD All of the Contractor's personnel must be covered by the insurance plan under the Workplace Safety and Insurance Act, 1997, or must provide an identification number from the WSIB verifying their status as an "Independent Operator". Upon request by the Municipality, an original Letter of Good Standing from the Workplace Safety and Insurance Board shall be provided prior to the commencement of work indicating all payments by the Company to the board have been made. Prior to final payment, a Certificate of Clearance must be issued indicating all payments by the Company to the Board in conjunction with the subject Contract have been made and that the Municipality will not be liable to the Board for future payments in connection with the Company's fulfilment of the contract. Further Certificates of Clearance or other types of certificates shall be provided upon request. For Independent contractors I Owners I Operators who do not have WSIB coverage, the following shall be provided upon request by the Calling Agency: PAGE 41 OF 55 TENDER CL2005-42 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE REHABILITATION OF SAND DOME (FORMER WASTE TRANSFER STATION) SCHEDULE (C) STANDARD TERMS AND CONDITIONS continued WORKPLACE SAFETY AND INSURANCE BOARD (continued) Single Independent Contractors / Owners / Operators shall provide a letter from the Workplace Safety & Insurance Board confirming independent operator status and identification number. To obtain this, contractors must complete the form "Determining worker/lndependent Operator status", issued by the Workplace Safety & Insurance Board. (For more information, please contact your local Workplace Safety & Insurance Board Office and refer to this clause.) Single Independent Contractors / Owners / Operators must also provide a certificate from the Workplace Safety & Insurance Board confirming they have purchased the optional WSIB coverage. The Municipality of Clarington has the right to reject any bid it deems to provide insufficient coverage. 23. INSURANCE The company shall maintain and pay for Comprehensive General Liability insurance including premises and all operations. This insurance coverage shall be subject to limits of not less than $3,000,000.00 inclusive per occurrence for third party Bodily Injury and Property Damage or such other coverage or amount as may be requested. The policy shall include the Municipality and the Engineer as additional insureds in respect of all operations performed by or on behalf of the Company. A certified copy of such policy or certificate shall be provided to the municipality prior to commencement of the work. Further certified copies shall be provided upon request. 24. LIABILITY The company agrees to defend, fully indemnify and save harmless the Municipality from all actions, suits, claims, demands, losses, costs, charges and expenses whatsoever for all damage or injury including death to any person and all damage to any property which may arise directly or indirectly by reason of a requirement of the contract, save and except for damage caused by the negligence of the Municipality or its employees. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE REHABILITATION OF SAND DOME (FORMER WASTE TRANSFER STATION) PAGE 42 OF 55 TENDER CL2005-42 SCHEDULE (C) STANDARD TERMS AND CONDITIONS continued LIABILITY continued 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. 25. VISITING THE SITE The Company shall carefully examine the site and existing building and services affecting the proper execution of the work, and obtain a clear and comprehensive knowledge of the existing conditions. No claim for extra payment will be allowed for work or difficulties encountered due to conditions of the site which were visible or reasonably inferable, prior to the date of submission of Tenders. Bidders shall accept sole responsibility for any error or neglect on their part in this respect. 26. SAFETY The Company shall obey all Federal, Provincial and Municipal Laws, Act, Ordinances, Regulations, Orders-in-Council and By-laws, which could in any way pertain to the work outlined in the Contract or to the Employees of the Company. Without limiting the generality of the foregoing, the Company shall satisfy all statutory requirements imposed by the Occupational Health and Safety Act and Regulations made thereunder, on a contractor, a Constructor and/or Employer with respect to or arising out of the performance of the Company's obligations under this Contract. The Company shall be aware of and conform to all governing regulations including those established by the Municipality relating to employee health and safety. The Company shall keep employees and subcontractors informed of such regulations. The Company shall provide Material Safety Data Sheets (MSDS) to the Municipality for any supplied Hazardous Materials. PAGE 43 OF 55 TENDER CL2005-42 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE REHABILITATION OF SAND DOME (FORMER WASTE TRANSFER STATION) SCHEDULE (C) 27. UNPAID ACCOUNTS STANDARD TERMS AND CONDITIONS continued The company shall indemnify the Municipality from all claims arising out of unpaid accounts relating to the work. The Municipality shall have the right at any time to require satisfactory evidence that the work in respect of which any payment has been made or is to be made by the Municipality is free and clear of liens, attachments, claims, demands, charges or other encumbrances. 28. SUSPENSION OF WORK The Municipality may, without invalidating the contract, suspend performance by the company from time to time of any part or all of the work for such reasonable period of time as the Municipality may determine. The resumption and completion of work after the suspension shall be governed by the schedule established by the Municipality. 29. CHANGES IN THE WORK The Municipality may, without invalidating the contract, direct the Company to make changes to the work. When a change causes an increase or decrease in the work, the contract price shall be increased or decreased by the application of unit prices to the quantum of such increase or decrease, or in the absence of applicable unit prices, by an amount to be agreed upon between the Municipality and the Company. All such changes shall be in writing and approved by the Municipality. 30. CONFLICT OF INTEREST No employee or member of Council of the Municipality shall sell goods or services to the Municipality in accordance with the Municipality of Clarington Policy or have a direct or indirect interest in a Company or own a Company which sells goods or services to the Municipality. PAGE 44 OF 55 TENDER CL2005-42 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE REHABILITATION OF SAND DOME (FORMER WASTE TRANSFER STATION) SCHEDULE (C) STANDARD TERMS AND CONDITIONS (continued) 31. MUNICIPAL FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY ACT (MFIPPA) All correspondence, documentation, and information provided to staff of the Municipality of Clarington by every offerer, including the submission of proposals, shall become the property of the Municipality, and as such, is subject to the Municipal Freedom of Information and Protection of Privacy Act, and maybe subject to release pursuant to the Act. Offerers are reminded to identify in their proposal material any specific scientific, technical, commercial, proprietary, or similar confidential information, the disclosure of which could cause them injury. Complete proposals are not to be identified as confidential. PAGE 45 OF 55 TENDER CL2005-42 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE REHABILITATION OF SAND DOME (FORMER WASTE TRANSFER STATION) SCHEDULE (D) CONTRACTOR SAFETY POLICY AND PROCEDURE POLICY: Contractors and Sub-contractors are responsible to ensure that their personnel are updated on all safety concerns of the workplace and are aware of the safety requirements as required by the Contractor under the Occupational Health and Safety Act. Safety performance will be a consideration in the awarding of contract. Under the Occupational Health and Safety Act (Section 23 (1), (2)), it is the constructor's responsibility to ensure that: · the measures and procedures prescribed by the Occupational Health and Safety Act and the Regulations are carried out on the proiect; · every employer and every worker performing work on the proiect complies with the Occupational Health and Safety Act and the Regulations (under the Act); and · Where so prescribed, a constructor shall, before commencing any work on a project, give to a Director notice in writing of the project containing such information as may be prescribed. DEFINITIONS: Contractor - any individual or firm engaged by the Municipality to do work on behalf of the Municipality Project - means a construction project, whether public or private, including: · the construction of a building, bridge, structure, industrial establishment, mining plant, shaft tunnel, caisson, trench, excavation, highway, railway, street, runway, parking lot, cofferdam, conduit, sewer, watermain, service connection, telegraph, telephone or electrical cable, pipe line, duct or well, or any combination thereof; · the moving of a building or structure; and · any work or undertaking, or any lands or appurtenances used in connection with construction. PAGE 46 OF 55 TENDER CL2005-42 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE REHABILITATION OF SAND DOME (FORMER WASTE TRANSFER STATION) SCHEDULE (D) CONTRACTOR SAFETY DEFINITIONS continued: Construction - includes erection, alteration, repair, dismantling, demolition, structural maintenance, painting, land clearing, earth moving, grading, excavating, trenching, digging, boring, drilling, blasting, or concreting, the installation of any machinery or plant, and any work or undertaking in connection with a project. Constructor - means a person who undertakes a project for an owner and includes an owner who undertakes all or part of a project himself or by more than one employer. Project Manager - means the municipal management representative who has responsibility for a contract. PROCEDURE: The following items are required before any Contractors are hired by the Municipality: a) Before beginning a project, the project manager or designate must determine whether any designated substances/hazardous materials are (or will be) present at the site and prepare a list of all these substances. b) The project manager or designate must include, as part of the request for tender/quotations, a copy of the above mentioned list. The list of designated substances/hazardous materials must be provided to all prospective constructors and/or contractors. c) The request for tender/quotations will require prospective contractors to include a list of the designated substances/hazardous materials that will be brought onto the work site and material safety data sheets. d) Before awarding a contract, the contractor(s) will be required to complete and sign the Health and Safety Practice Form (Schedule "A"). The Purchasing Office will maintain all contractors' safety performance records. PAGE 47 OF 55 TENDER CL2005-42 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE REHABILITATION OF SAND DOME (FORMER WASTE TRANSFER STATION) SCHEDULE (D) CONTRACTOR SAFETY continued POLICY AND PROCEDURE continued... e) As part of the tender/quotation conditions, before award of a contract, the contractor must provide details of their Health and Safety program. f) The project manager or designate, if necessary, will provide the successful contractor with a workplace orientation which will include, but not be limited to identifying known potential hazards, hazardous material inventory and material safety data sheets for the sites. g) Before the start of the assignment the following documentation will be provided to the successful contractor, by the project manager or delegate: i) copies of the Municipal Corporate Health and Safety Program ii) departmental health and safety policies iii) workplace procedures regarding health and safety practices h) The contractor has the responsibility to provide any and all prescribed personal protective equipment for their own workers, to include as a minimum but not limited to hard hats and safety boots. If a worker(s) fails to comply with any program, policy, rule or request regarding health and safety, that person(s) is not allowed on the site until the person(s) complies. i) The Municipality will retain the right to document contractors for all health and safety warnings and/or to stop any contractors' work if any of the previously mentioned items are not in compliance. Similarly, the Municipality will have the right to issue warnings and/or to stop work if there are any violations by the contractor of the Occupational Health and Safety Act, Municipal Health and Safety programs, policies, rules, and/or if the contractor creates an unacceptable health and safety hazard. Written warnings and/or stop work orders can be given to contractors using Contractor Health and Safety Warning/Stop Work Order Form (Schedule "B"). PAGE 48 OF 55 TENDER CL2005-42 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE REHABILITATION OF SAND DOME (FORMER WASTE TRANSFER STATION) SCHEDULE (D) CONTRACTOR SAFETY continued POLICY AND PROCEDURE continued... j) Where applicable, the Municipality will retain the right to allow municipal employees to refuse to work in accordance with the established policy and the Occupational Health and Safety Act, in any unsafe conditions. k) The Purchasing Department will maintain current certificates of clearance until all monies owing have been paid to the contractor. I) Responsibility for ensuring contractor compliance to this policy falls upon the project manager or designate. This will include identification, evaluation and control practices and procedures for hazards and follow-up and issuing of Contractor Health and Safety Warning/Stop Work Orders. PAGE 49 OF 55 TENDER CL2005-42 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE REHABILITATION OF SAND DOME (FORMER WASTE TRANSFER STATION) SCHEDULE (D) CONTRACTOR SAFETY continued POLICY AND PROCEDURE continued.., HEALTH AND SAFETY PRACTICE FORM To Contractor(s): The Municipality of Clarington is committed to a healthy and safe working environment for all workers. To ensure the Municipal workplace is a healthy and safe working environment, contractors, constructors and subcontractors must have knowledge of and operate in compliance with the Occupational Health and Safety Act and any other legislation pertaining to employee health and safety. In order to evaluate your company's health and safety experience, please provide the accident/incident and/or Workplace Safety Insurance Board (WSIB) information noted below, where applicable. The New Experimental Experience Rating (NEER) - The WSIB experience rating system for non-construction rate groups The Council Amended Draft #7 (CAD-7) Rating - The WSIB experience rating system for construction rate groups Injury frequency performance for the last two years - This may be available from the contractor's trade association. Has the contractor received any Ministry of Labour warnings or orders in the last two years? (If the answer is yes, please include the infraction). Confirmation of Independent Operator Status - The WSIB independent operator number assigned: (Bidders are to include the letter confirming this status and number from WSIB with their bid submission). PAGE 50 OF 55 TENDER CL2005-42 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE REHABILITATION OF SAND DOME (FORMER WASTE TRANSFER STATION) SCHEDULE (E) TENDER FORM Sealed Tenders for goods and/or services listed below, submitted on the forms and in the envelope provided, will be received by the office of the Clerk, Corporation of the Municipality of Clarington, 40 Temperance St., Bowmanville, Ontario, L1C 3A6, until the closing time and date indicated hereon. CLOSING TIME AND DATE (Local Time): 2:00:00 P.M. (local time), Wednesday, September 28,2005 REF.lPURCHASING MANAGER: Lou Ann Birkett. . . . . . . . . . .Date12 September 2005 Phone (905) 623-3379 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 copy and/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 set forth in all tender documents. Successful tenders must accept terms and conditions of subsequent official purchase order issued by the Corporation of the Municipality of Clarington unless otherwise stipulated. The lowest or any tender not necessarily accepted. Tenders must oomply and conform to all regulations, terms conditions and instructions specified in By-law #94-129 of the Corporation of the Municipality of Clarington. QUANTITY I DESCRIPTION UNIT PRICE I EXTENDED PRICES Prices quoted shall be payable in Canadian Funds. F.G.B. destination. Unless otherwise indicated, the Ontario Retail Sales tax and the Goods and Services Tax, if applicable. shall be quoted as a separate item. I/We hereby agree to supply all necessary labour, materials and equipment to complete this project. 1. LUMP SUMS To supply all necessary labour, materials and equipment for the repair and rehabilitation of the sand dome and related work at the (former) Waste Transfer Station as per $ Tender CL2005-42. a) Reroofing per Clause SP 2.1.1 $ b) Dome repair/modification per Clause SP 2.1.2 $ c) Repair of vehicle damage per Clause SP 2.1.3 $ d) Demolition related to salt/sand use per Clause SP2.1.4 $ e) Demolition related to Waste Transfer use per Clause 2.1.5 $ I) Electrical per Clause SP 2.1.6 $ SUB-TOTAL $ G.S.T. Extra $ APPLICABLE P.S.T. Included $ TOTAL BID PRICE Guaranteed Delivery or Completion Cash Discount Date Upon Receipt of Official Order ............................ And Terms ......... ......... ............. .. ....................... Origin of Goods Goods to be Shipped City & Country ........ ............../........................... From City & Country ....................... ...I. ........... .... The underSigned, tenderer agrees to supply and deliver all goods and/or services for prices (5) tendered for this project prior to start date to the Cor oration of the Munici ali of Clarin ton in accordance with all terms, s ecifications and conditions 5 ecified herein. FIRM NAME: (Tendered). AUTHORIZED SIGNATURE: ADDRESS: PRINT NAME AND TITLE: TELEPHONE NUMBER DATE FAX NUMBER: PAGE 51 OF 55 TENDER CL2005-42 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE REHABILITATION OF SAND DOME (FORMER WASTE TRANSFER STATION) SCHEDULE (E) TENDER FORM Sealed Tenders for goods andlor services listed below, submitted on the forms and in the envelope provided, will be received by the office of the Clerk, Corporation of the Municipal~y of Clarington, 40 Temperance SI., Bowmanville, Ontario, L 1 C 3A6, until the closing time and date indicated hereon. CLOSING TIME AND DATE (Local Time): 2:00:00 P.M. (local time), Wednesday, September 28,2005 REF.lPURCHASING MANAGER: Lou Ann Birkett. . . . . . . . ....... Date: 12 September 2005 Phone (905) 623-3379 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 copy and/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, tenns and conditions set forth in all tender documents. Successful tenders must accept terms and conditions of subsequent official purchase order issued by the Corporation of the Municipality of Clarington 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 #94-129 of the Corporation of the Municipality of Clarington. QUANTITY DESCRIPTION UNIT PRICE EXTENDED PRICES Prices quoted shall be payable in Canadian Funds, F.a.B. destination. Unless otherwise indicated, the Ontario Retail Sales tax and the Goods and Services Tax, if applicable, shall be quoted as a separate item. lNife hereby agree to supply all necessary labour, materials and equipment to complete this project 2. . UNIT PRICES INCLUDE PST, BUT EXCLUDE GST. a) Replace a 4 fl x 8 fl sheet of plywood, or part $ persheel. thereof, per Clause 6.3 of Special P-8 rovisions @ $ per bd fl of new lumber. b) Strengthen an existing panel framing member, per Clause 6.4 of Special Provision @ $ per cu yd. c) Excavate, stockpile, backfill and regrade additional soil at salt shed and lor elsewhere on site per Cia use 8.4 (c) of the Special Provisions @ Guaranteed Delivery or Completion Cash Discount Date Upon Receipt of Official Order ...... ..................... And Terms ............... ..................................... ..... Origin of Goods Goods to be Shipped City & Country .......................1......... ...................... From City & Country .........................../.. ............... The undersigned, tenderer agrees to supply and deliver all goods and/or services for prices (s) tendered for this project prior to start date to the Corooration of the Municioalitv of Clarinaton in accordance with all terms, soecifications and conditions soecified herein. FIRM NAME: (Tendered). AUTHORIZED SIGNATURE: ADDRESS: PRINT NAME AND TITLE: TELEPHONE NUMBER DATE FAX NUMBER: Latest Addendum received, Addendum # on 2005. , PAGE 52 OF 55 TENDER CL2005-42 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE REHABILITATION OF SAND DOME (FORMER WASTE TRANSFER STATION) SCHEDULE (F) BIDDER'S REFERENCES INFORMATION SHEET Year Description of Contract Name of Organization Contact Person Telephone Number Value of Contract Year Description of Contract Name of Organization Contact Person Telephone Number Value of Contract Please provide detail as to bidder's financial responsibility, (banker, etc.), references, auditor's name and address, etc., PAGE 53 OF 55 TENDER CL2005-42 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE REHABILITATION OF SAND DOME (FORMER WASTE TRANSFER STATION) SCHEDULE (F) NOTICE OF "NO BID" QUOTE/TENDER# CLOSING DATE IMPORTANT - PLEASE READ THIS It is important to the Municipality to receive a reply from all invited bidders. There is no obligation to submit a quotation/tender, however, should you choose not to bid, completion of this form will assist the Municipality in determining the type of goods or services you are interested in bidding on in the future. INSTRUCTIONS If you are unable or do not wish to bid on this quotation/tender please complete the following portion of this form. State your reason for not bidding by checking yes or no in the appiicable line or by explaining briefly in the space provided. It is not necessary to return any other quotation/tender documents. Just return this completed form in the enclosed quotation/tender envelope prior to the official closing time and date. Yes/No 1. We do not manufacture/supply this commodity 2. We do not manufacture/supply to this specification 3. Unable to quote competitively 4. Cannot handle due to present plant loading 5. Quantity/job too large 6. Quantity/job too small 7. Cannot meet delivery/completion requirements 8. Agreements with distributors/dealers do not permit us to sell directly 9. Licensing restrictions Other reasons or additional comments: Do you wish to bid on these coods/services in the future? Yes/No For Municipality Use Only Company Do Not Write In This Space Name: Address: Telephone: Position: PAGE 54 OF 55 TENDER CL2005-42 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE REHABILITATION OF SAND DOME (FORMER WASTE TRANSFER STATION) FAX COVER PAGE QUESTIONS FOR CLARIFICATION To: Lou Ann Birkett, Purchasing Manager The Municipality Of Clarington Purchasing Office 40 Temperance Street Bowmanville, Ontario L 1 C 3A6 DATE: TIME: FAX NUMBER: (905) 623-3330 From: Company Name: Contact Name: Teiephone: Fax: Reference to Section on Page Number of this Proposal. Question: Total Number of Pages including cover PAGE 55 OF 55 TENDER CL2005-42 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE REHABILITATION OF SAND DOME (FORMER WASTE TRANSFER STATION) SCHEDULE (G) LETTER OF UNDERTAKING (Performance Surety) (Date) The Municipality of Clarington PURCHASING 40 Temperance Street Bowmanville, Ontario L 1 C 3A6 RE: Performance Surety - TENDER NO. Pursuant to the request of and for the account of our customer, (Name of Contractor) (Address) WE HEREBY UNDERTAKE and agree to provide in your favour an Irrevocable Standby Letter of Credit in an amount equal to ( %) percent of the Contract price for the due and proper performance of the Work shown and described in the Tender/RFP Document, if our Customer's Bid is accepted by the Municipality. Such Standby Letter of Credit shall continue during the period of sixty days from the date of the Certificate of Total Performance of the Work which ever is longer. Contractor Name of Bank or Financial Institution) Print Name (Authorized Signing Officer) Print Name (Authorized Signing Officer) Signature (Authorized Signing Officer) Signature (Authorized Signing Officer)